February 20th, 2012
The first two parts of this series have already covered the Detention, Investigation, Arrest, Arraignment, Readiness Conferences and Preliminary Hearing stages of the criminal processes. In this third part of the series, you will learn more about the Post Preliminary Hearing Arraignment and Pretrial Conference, as well as the Trial itself.
Post Preliminary Hearing Arraignment and Pretrial Conference
At the preliminary hearing, the prosecutor will file information detailing the charges the judge has held you to answer. The post preliminary hearing arraignment will generally take place immediately after the hearing and will involve your Vista criminal attorney entering your plea on the charges the judge found probable cause to hold you on. Dates will be scheduled for further readiness conferences, motion cutoffs and the trial itself.
Up until the trial, your lawyer should be working to negotiate with the prosecutors and judges at pretrial conferences in order to help resolve your case before the trial. In some cases, this will involve your being charged with a less serious crime, in others, it will mean a less severe punishment. In certain situations, your Vista criminal attorney may even be able to get some of the charges against you dismissed.
Trial
If your case is not settled before the trial date, you and/or your lawyer will need to appear in court. In misdemeanor cases, the trial will generally occur within 30 days of the arrest for those in custody and 45 days for those who aren’t. For most misdemeanor cases, your attorney can appear in court without you. In felony cases, the trial will generally be scheduled within 60 days of the post-preliminary hearing arraignment. All felony cases and cases involving domestic violence require the defendant to appear in person. If necessary, defendants out of custody can arrange for the trial to occur after these time frames so their lawyer has more time to prepare for the trial.
The first step of the trial will involve the selection of a jury by the prosecutors and your criminal attorneys. Vista residents will make up a jury pool and it is up to your lawyer and the prosecutor to select twelve impartial jurors from the pool. Once this is complete, the trial will take anywhere from one day to whole months depending on the specific case and its complexity.
Most trials will involve pretrial motions, opening statements, the introduction of evidence, presentation of witnesses and expert testimony, cross examination of the witnesses and experts and closing arguments. Remember that it is up to the prosecution to prove your guilt beyond a reasonable doubt to all twelve jurors. If they cannot meet this burden, you will be found not guilty.
If the jury cannot make a unanimous decision, a mistrial may be declared. In these cases, your charges may be dropped or settled more easily. The prosecution does have the option of retrying the case if an agreement cannot be reached.
To read parts I and II of the series, please click on the respective links. Otherwise, come back next week for part IV.
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Tags: California criminal process, criminal processes in California, vista criminal defense attorney, Vista criminal lawyer, Vista defense lawyer
Posted in Criminal Law
February 14th, 2012
If you have been charged with a crime, you may not know what to expect in the upcoming criminal process. Here is part two in the series covering what to expect throughout the ordeal.
Arraignment
If you are in custody, your arraignment will occur within three days, excluding weekends and holidays. If you were bailed out or not put in custody, the arraignment will generally be scheduled within a week of the arrest for felonies and after a month for misdemeanors.
At the arraignment, the charges against you will be officially presented. In many cases, these official charges will be different than the ones you were arrested for originally. In fact, the prosecutor can choose not to file charges at all at the arrangement and wait up to a year to file them for a misdemeanor or three years for a felony. In the case of murder charges, charges can be brought up at any time as there are no statue of limitations in these situations. If you are in custody and the prosecutor chooses not to file charges, you must be released.
You should always contact a skilled Vista criminal defense attorney after you have been arrested, whether you are placed in custody or not. Your lawyer can argue with the district attorney before your arraignment to have your charges lowered or dropped. If you remain in custody, he can also negotiate for your bail to be reduced or for you to be released on your own recognizance. In most misdemeanor cases, except domestic violence, your representative can appear at the arraignment without you. In cases involving domestic violence or felony charges, you must appear in person.
At the end of the procedure, a date will be set for your readiness conference and if you are facing felony charges, your preliminary hearing date will be scheduled as well. In some cases, the judge may consider changing your bail or releasing you, based on whether or not you are a “flight risk” or a public safety concern.
Readiness Conferences
At this stage of the proceedings, your lawyer will negotiate with the prosecutor and judge regarding reducing the charges, dismissing the case and lowering the sentence. Essentially, the conference is a plea bargaining hearing. At the readiness conference, your lawyer can present the District Attorney and judge with information for them to consider in your case. Everything from evidence proving your innocence to letters confirming your character can be important at this stage. If things are not settled at this stage, you will have a preliminary hearing.
Preliminary Hearing
If a felony case is not settled at a preliminary hearing, it will move on to a preliminary hearing. After hearing testimony from the police, witnesses and alleged victims, the judge will decide if there is enough evidence to hold you on the charges or if your felony case should be reduced to a misdemeanor.
At the hearing, the prosecution will not be expected to prove the charges beyond a reasonable doubt, but just to show that there is enough suspicion on you for you to be charged. Your Vista criminal lawyer will be able to present witnesses on your behalf and cross examine the prosecution’s witnesses to prove that there is not enough evidence for you to be charged. You and your lawyer may opt to waive your right to a preliminary hearing if you choose to.
Expect more information on the process in next week’s post.
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Tags: California legal process, criminal process in California, vista criminal attorney, Vista criminal lawyer
Posted in Criminal Law
February 9th, 2012
Unless you have already gone through the criminal process or work in an industry related to the justice system, chances are that you don’t already know what will happen to you after you have been charged with a crime. But that’s ok. A Vista criminal lawyer like Peter M. Liss can help you understand and prepare for the steps ahead. In the meanwhile, here are a few things you can expect.
Detention
Police can detain you if they have a reasonable suspicion that you have committed a crime in their presence, but they cannot stop you for longer than is necessary.
The police may also speak to you at length if you consent, but you are free to leave. This is called a consensual encounter and doesn’t require the police to have any legal cause to contact you.
Investigation
When police investigate you for a reported crime, you and your loved ones are not required to participate or cooperate in the investigation. Police may incorporate techniques such as audio surveillance, wiretaps, video surveillance and interviews to obtain evidence against you. They can call you, show up at your business or home or meet you in a public place. Before answering any questions, tell them you are invoking your constitutional right to remain silent and call your legal representative.
Arrest
If probable cause connects you to a crime, you may be arrested and taken to the police station. When you are arrested, the officer will usually read you your rights and then ask if you will be willing to talk to the police now that you have been informed of your rights. In these situations, always say “no” and insist of speaking to your Vista defense attorney.
If you are booked in a county jail, you can be bailed out based on the local bail schedule, which will stay the same until your arraignment. If you have been bailed out, immediately contact your lawyer so he or she can begin investigating your case and preparing for your arraignment.
In some cases, you will not be arrested immediately but the police will refer the case to the District Attorney to decide whether to charge you with a crime. You should immediately contact a criminal defense lawyer who can try to persuade the prosecutors not to file or limit the charges against you.
If charges are filed, you may receive a notify letter telling you to appear in court for an arraignment. In some cases, the District Attorney will obtain an arrest warrant rather than sending a notify letter. Additionally, if you fail to appear at the appointed arraignment time, a bench warrant will be issued for your arrest.
Expect more information on the criminal process in the next post.
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Tags: California criminal process, criminal processes in California, vista criminal defense attorney, Vista criminal lawyer, Vista defense lawyer
Posted in Criminal Law
February 1st, 2012
If you believe or have discovered there is a warrant out for your arrest, it is critical you immediately contact a skilled Vista criminal defense attorney as soon as possible.
It is important to understand the differences between an arrest warrant and a bench warrant. An arrest warrant is a court-issued document provided to the police ordering for the arrest of a specific person. These warrants are generally issued after you have been indicted by a grand jury or if the police have a reasonable cause to suspect you have committed a crime.
There is no rule requiring the police to arrest you immediately for a crime they believe you committed. Often the police send their findings to the District Attorney who can file the case and and request a judge to issue a warrant for your arrest. If you have been contacted by the police but not arrested you should call a criminal defense lawyer immediately.
On the other hand, a bench warrant is issued when a person has failed to appear at a mandatory court appearance. These are the most common form or warrants in California. These warrants call for the immediate arrest and detention of the person named.
Most people who have been put on probation for a misdemeanor or felony are required to complete programs specific to their crimes. If you fail to attend or complete these mandatory programs, a bench warrant for your arrest will be issued.
If you are arrested for a violation of probation after being convicted of a felony, you can be held without bail. You will not only risk being arrested, but also face further punishment for violating probation. You can then be resentenced for up to the maximum for the crime.
When you believe you have either type of warrant out for your arrest, do not try to handle the issue on your own. After all, if you wouldn’t go to trial without a lawyer, why would you represent yourself in front of a judge in these circumstances without a legal representative?
By contacting a professional, you may be able to have the warrant revoked and avoid jail time. An attorney can help prepare you with the proper documentation and information to ensure you receive a fair and reasonable bail amount. In some cases, he may even be able to attend court without you.
If you have any questions about warrants, please call The Law Offices of Peter M. Liss to schedule a free initial consultation.
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Tags: arrest and bench warrants in California, Vista warrant attorney, Vista warrant lawyer, warrants issued in California
Posted in Criminal Law
January 22nd, 2012
Identity theft is one of the fastest growing type of crimes in the nation and California is one of the epicenters of this type of crime. As a result, the state is one of the leaders in prosecuting these serious crimes. In fact, California was the first state to create a specific agency designed specifically to protect the identity of its citizens. Since then, legislators have been writing more and more laws to prevent identity theft crimes, which carry increasingly severe penalties.
All forms of identity theft are felony crimes in California and the state operates five special task forces just to handle the massive number of identity theft and fraud cases it must prosecute. The San Diego District Attorney even has a specialized unit devoted to financial crimes and identity theft cases. If you have been accused of a crime of this nature, it is critical you hire a Vista criminal attorney who has extensive experience with these cases like Peter M. Liss.
Typically these crimes are investigated by seizing the computers of suspects and searching the data base for other individuals identities. Crimes involving computer seizures are particularly complex for both the prosecution and defense. If your computer has been searched by the police, please tell your legal representative as soon as possible to ensure your rights were not violated during the search.
There are many different crimes that qualify as identity theft, including forgery, credit card theft, representing oneself as another person to an officer of the law, checking fraud and more. Potential consequences for the offense include incarceration in prison, massive fines and mandatory restitution being made to the victim(s).
No matter what identity theft offenses you have been accused of, you must take these charges seriously and immediately contact a skilled Vista identity theft lawyer as soon as possible.
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Tags: California identity theft laws, identity theft in California, vista fraud attorney, Vista identity theft lawyer
Posted in Criminal Law
January 16th, 2012
In recent years, courts around the country have been offering an increasing number of alternatives to incarceration including home arrest and electronic surveillance options. Unfortunately, San Diego County is still hesitant to take advantage of these options in all but the most unusual cases.
This may soon change thanks to sentencing laws that have recently been enacted, allowing for many of those who were previously sentenced to state prison for non-violent crimes to serve their time in local jails instead. The sheriff has predicted that San Diego jails will be at capacity by spring of 2012, meaning local judges will eventually be forced to start offering more alternative sentencing options like electronic monitoring and house arrest. In the meantime, an aggressive Vista criminal attorney like Peter M. Liss may be able to secure these options for you depending on your specific circumstances, but more often, those who wish to find an alternative to prison or jail will be sentenced to a work furlough.
While the name “work furlough” can sound intimidating, reminiscent of the chain gangs of olden times, many people prefer this option because it allows you to live outside of a cell and to be able to see your family more frequently. In a work furlough program, you will spend your days working at your job and your nights living in a dormitory-style facility with other inmates assigned to the program.
It is important to note that not everyone will qualify for a work furlough program, particularly those who have been convicted of a serious or violent felony. The program is most often offered to those who have been convicted for drug crimes, but it can also be an option for those convicted of repeat DUI charges, domestic violence or other less-serious felony and misdemeanor crimes.
If you are facing misdemeanor or felony charges and want to discuss alternatives to incarceration, should you be convicted, please call to schedule a free initial consultation.
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This may change soon with major changes in sentencing laws just enacted. Many people who previously were sentenced to state prison will now serve local jail sentences instead for non-violent crimes. The sheriff has predicted San Diego jails will be at capacity by spring of 2012. Eventually, this will force local judges and the jail to consider alternatives like electronic monitoring or house arrest. In the meantime, an aggressive ….
Tags: California alternatives to incarceration, vista felony lawyer, vista misdemeanor attorney, work furlough programs in San Diego
Posted in Sentencing Alternatives
January 9th, 2012
If you have been charged with driving under the influence, you probably have a lot of questions, especially if this is the first time you have been arrested. While you should always call a Vista drunk driving attorney as soon as possible, these FAQs might help answer some of the more immediate questions you might have.
Why was I charged with two counts of DUI?
In many cases, the arresting police officer will charge a DUI suspect with two counts, one for having a BAC of over 0.08% and one for driving under the influence of alcohol and/or drugs. While this can sound intimidating, it is normal and you can only be sentenced for one charge.
My BAC was under 0.08%. Why did I still get a DUI?
Driving under the influence is a crime even if your blood alcohol content was below the legal limit and the alcohol affected your ability to drive. If you are a .05 or below and are over 21 you are presumed innocent of DUI.
You can also be charged with a DUI even if you did not drink, if the officer had reason to believe you have taken either legal or illegal drugs and it impaired your ability to drive. You could also be charged if the police officer believed a combination of alcohol and drugs impaired your driving.
Will my court date and DMV hearing date be the same?
No. These are two totally separate issues and will be scheduled on two different dates and in two different locations.
The court date is given to you automatically when you are released from jail, assuming you post bail. You must request the DMV hearing within 10 days of your arrest or you forfeit your right to a hearing.
What is a wet reckless charge?
A “wet reckless” is somewhat like a less serious version of a standard DUI charge. It can still be used as a prior if you are charged with a DUI in the future and will result in two points being added to your DMV record, but the probation period, additions to your driving record and fines will be less than a normal drunk driving charge.
If you have any other questions about drunk driving charges, please call The Law Office of Peter M. Liss to schedule your free initial consultation with a skilled Vista DUI lawyer.
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Tags: drunk driving FAQs, drunk driving in California, questions about drunk driving, vista drunk driving attorney, vista dui lawyer
Posted in DUI Representation
December 30th, 2011
When you swear to tell the truth, you are not only ethically held to telling the truth, you are also legally obligated to do so. If you are caught lying under oath, you can be charged with perjury. This does not only apply to courtroom testimonies, but also to government documents, such as tax returns, driver license forms or governmental benefit applications, where you have sworn the information is true to the best of your knowledge.
This felony offense can result in up to four years in prison, fines and more. If you have been accused of perjury, it is critical you speak with a skilled Vista criminal attorney as soon as possible.
The most common defense to these charges involves arguing that you did not knowingly lie or omit facts. This may be because you simply did not know the real truth or because you misunderstood a question being asked of you.
It is important to remember that it is the prosecution’s responsibility to prove beyond a reasonable doubt that you intentionally lied while under oath. Additionally, in order to be convicted, the statement must involve material facts, meaning facts that could affect the outcome of the thing you swore to tell the truth about. If they cannot do this using actual evidence, your lawyer can help ensure that you will not be convicted for this crime.
If you have been accused of perjury, please call the Law Office of Peter M. Liss as soon as possible to discuss your case.
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Tags: lying under oath, perjury laws in California, vista criminal attorney, Vista perjury attorney, Vista perjury lawyer
Posted in Criminal Law
December 23rd, 2011
If you have been accused of a crime and the police and prosecutors determine that you are affiliated to a gang, they may then seek gang enhancements to be applied to the charges you are facing. If you have committed a misdemeanor, it will become a felony. If the crime was a felony, you may receive a strike on your record and have an additional four years of prison time added to your sentence. In cases involving very serious crimes, you could even have up to ten years added to your sentence. It is important to know that even if you are not a member of a gang, you can still be convicted of a gang crime if you committed a crime in order to help a gang.
Even if you are granted probation for your actions, your probation will be subject to gang conditions, which means you cannot associate with gang members or wear gang-affiliated clothing. In some cases, you may even be restricted from entering certain parts of the city.
If you are convicted of a gang crime, you will be added to a gang registry that may be accessed by any police officer at any time in the future.
When you have been accused of a gang crime, it is critical that you speak with a Vista gang crimes attorney as soon as possible and refuse to speak to the police or prosecutors until you do so. Remember, anything you say may be used against you later on.
If you have been accused of any crime that could be tied in with gang activities, please call The Law Offices of Peter M. Liss as soon as possible to schedule your free initial consultation.
Tags: gang affiliation laws in California, gang crimes in California, Vista gang attorney, Vista gang crimes lawyer, Vista gang enhancements
Posted in Criminal Law
December 18th, 2011
DUI charges are always serious, but when the arrest occurred after an accident, the penalties will be even more severe. Depending on the specifics of the situation, you could even be charged with a felony DUI.
One of the worst things you can do if you have been involved in an accident while inebriated is to flee the scene. Leaving the scene of an accident is a separate crime and can result in additional fines and penalties, along with up to three years of probation and two points being added to your DMV record. Even if the accident was not your fault, you can still be charged with this crime. If the accident resulted in an injury, you could even be charged with felony hit and run, which could leave you in prison and will result in your license being suspended.
If the accident resulted in only property damage, you may be subject to increased penalties like community service work and restitution to the person whose car you hit. Even if you were not at fault in the accident, the fact that you were intoxicated will still result in your being arrested and charged for driving under the influence.
If you were drinking and then became involved in an accident that resulted injury or death, your DUI charge may become a felony as decided by the prosecutor. In order for the crime to be a felony though, the prosecution must be able to show that aside from being intoxicated, you also drove recklessly or broke a traffic law and that action resulted in someone else being injured or killed. If the accident was caused by the other party, the charge will most likely not be increased to a felony.
Remember, it is critical you not leave the scene of the accident in these situations. While you cannot be charged with a felony DUI for an accident that is not your fault, you can still be charged with a felony hit and run if you flee the scene.
Whether you have been charged with a felony or misdemeanor drunk driving charge, it is critical that you contact a skilled Vista DUI lawyer as soon as possible to discuss your case. Do not discuss the accident with the police until you have contacted an experienced drunk driving representative like Peter M. Liss.
A legal representative may be able uncover evidence from the accident that will prove that your intoxication did not affect the outcome of the accident, showing you should not be subjected to additional penalties for something that was not your fault. Additionally, he may be able to help you enroll in a substance treatment program to show that you are proactively taking steps to ensure this situation never happens again.
If you were involved in an accident while driving drunk, please call our offices immediately to schedule your free initial consultation with a top Vista DUI attorney.
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Tags: drunk driving car crashes in Vista, drunk driving laws in California, DUI accidents in California, vista drunk driving attorney, vista drunk driving lawyer
Posted in DUI Representation
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