Criminal Defense Archives

Individuals in California can seek restraining orders from the courts for a variety of reasons, and judges may issue them for civil or criminal matters. Among the most common reasons a person may seek a restraining order is to guard herself against domestic abuse. Yet, people and businesses may also seek protection from physical abuse, threats, stalking, and harassment.  The Difference Between a Restraining Order and Protective Order in California While the terms “restraining order” and “protective order” are often used interchangeably, they mean different things legally. A civil restraining order may be granted by a family law or civil judge to protect individuals who had a close relationship with an alleged offender. These orders protect them from physical harm…

Criminal judges in San Diego can decide whether to place individuals convicted of crimes on probation, depending on the nature of their offense and their criminal history. Generally, probation is reserved for nonviolent offenders and serves to free up space in the county’s jails. Probation also provides for rehabilitation, giving defendants a chance to reenter society under supervision.  Many defendants find relief in being sentenced to probation rather than jail time; however, probation is hard work, and can sometimes feel like walking on eggshells. There are strict rules and guidelines you must follow when you’re on probation, and San Diego probation officers may find nearly any reason to accuse you of violating the terms of your probation. If you’re accused…

While the country is in lockdown, many states are reporting a rise in mail theft. As more people stay at home and shop online (and wait for their stimulus checks), thieves are targeting packages and mail from the government. Porch pirates, in particular, are a common problem in San Diego and the state of California. In fact, The Mercury News reported that the Golden State is in the top 3 states for “most packages stolen from homes.” Porch pirating is a specific type of mail theft in which offenders follow Amazon, UPS, USPS, and FedEx trucks around town to steal packages left at people’s doorsteps or on their porches. San Diego legislators are attempting to fight porch pirating by pressing…

The coronavirus pandemic has swept the nation and has had a devastating impact on prisons and jails. As the virus spread through the California state prison system, the state government decided to grant early release to 3,500 inmates to reduce crowding and limit the spread of the virus.  Lawyers for Gov. Gavin Newsom assured federal judges that the state is taking “extraordinary and unprecedented protective measures” to limit the virus’s reach and keep the thousands of people who are incarcerated or employed in prisons safe. However, some lawyers representing California prisoners have requested more protective measures, particularly for prisoners who face a higher risk of death if they contract the virus, like older prisoners and those who are medically compromised. …

The cash bail system in most of the United States has been heavily criticized as being unfair to those who do not have the financial means to get out of jail.  In San Diego, criminal defendants must pay a fee to get out of jail until the date of their trial. If they don’t have enough money, they can be stuck in jail until that day. Over time, many people realized that this system rewards those who can afford bail and punishes those who can’t. In some cases, people charged with serious offenses go free almost immediately, while others stay in jail awaiting trial for a year or longer simply because they can’t afford to post bail.  Cash bail allows…

Getting pulled over in your car is usually a somewhat minor inconvenience. Most people are pulled over for a small traffic violation like speeding, running a stop sign, or even forgetting to signal their turn. You might get a ticket and be on your way to your destination later than you had planned. But, if you have a warrant out for you, a traffic ticket situation can turn into a much more urgent situation. An active warrant can lead to an arrest. There are three types of warrants in San Diego you may be subjected to. In some cases, those with a warrant against them don’t even know about it. This may occur when you forget to appear in court….