Criminal Defense Archives

Receiving a call that someone you care about has been arrested can be shocking. Suddenly, in that moment, dozens of questions run through your mind, and all you can think about is what you can possibly do to help. If you’ve never been in this situation before, you might not be sure what steps to take next. You might not know whether your loved one has legal representation or why they were arrested in the first place.  Getting that call is an unforgettable experience, and the actions you take as the person your loved one will depend on to get out of jail may influence their case. The most important thing you can do for them is remain calm and…

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…