Criminal Defense Law
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There are several ways in which you can be found guilty of a DUI. You can be found guilty if your blood alcohol is above the legal limit or even under. The limits in California can vary:
- Above .08%: If you are 21 years of age or more and carries a license without any restriction.
- Above .04%: If you have a commercial license. (Doesn’t matter what kind of vehicle you are operating.)
- Above .04%: If you are under probation for a previous DUI charge.
- Above .01%: If you are under 21 years old.
However, you may be found guilty of a DUI even if you are not over the blood alcohol level. If it can be proven that you were “under the influence” under alcohol or drugs – the level of alcohol in the blood does not matter.
Contact us immediately after a DUI charge, you have 10 days to try to safe your license from being suspended up to a year.
Domestic Violence is a matter that is taken seriously in the California. The legal system is quite severe on domestic violence offenders, so it is vital that you have someone on your side with extensive experience in these types of cases.
Domestic Violence cases are highly emotional, stressful and can be very difficult to deal with. As the accused, you may feel that everyone is against you and feel betrayed by your friends and family.
The Matian Firm has dealt with many domestic violence cases like yours and we will set the best legal defense to protect you and your rights. Our attorneys are highly rated and understand the problems you run into with a Domestic Violence charge in California. We are committed to upholding and making sure your rights are protected. Our attorneys can defend you against a criminal charge for Domestic Violence and can work to get you the best resolution possible. Contact us today for a free consultation and find out what we can do for you.
Any of the following relationships can be considered domestic:
- Spouse or ex-spouse.
- Someone you have a relationship with.
- Roommate or ex-roommate.
- Family members including parents, siblings, aunts, uncles, nephews, nieces and cousins.
Those convicted on drug possession charges’ face a wide range of penalties. A simple possession can be less than $100 or a few days in jail, but the same offense on a repeated offender can be thousands of dollars and several years in a state. Single drug possession tends to be lighter punishment, while the intent to distribute drugs or manufacturing drugs carries a much heavier punishment. Prosecutors sometimes offer plea to defendants who may be able to assist with higher priority investigation, perhaps leading to the arrest of an organized crime leader. The severity of the penalty depends on a number of factors, such as the specific type of drug involved, the circumstances surrounding the possession, and the criminal history of the person who possesses the drug.
- Fines: These can range from very small fines of $ 100 or less, to significant fines of $100,000 or more.
- Imprisonment: Prison or prison time is possible when a person is charged with possession of a controlled substance. Range of jail sentences broadly depend on the charged crime, the type of drugs involved. They can range from a few days, weeks or up to 10 years or more in prison.
- Parole: Parole sentences are often given in cases of possession of drugs and may include other penalties such as imprisonment, fines or rehabilitation.
California laws in Assault are very complicated and comprehensive. There are various assault laws, ranging from misdemeanors to felonies. In a assault filing the district attorney will investigate the degree of conduct and the presence of instruments (weapons) used to expand the assault.
An assault is an illegal attempt to cause a violent injury to another person, with the apparent ability to carry out the assault. A key point to keep in mind is that there needs to be NO real touch, or current violence; One can be charged with a PC 242 only if there is an ATTENT act of violent injury. PC 240 is a misdemeanor with a maximum penalty of 6 months in the county jail for first offenders.
In order to be found guilty of PC 240, the prosecutor must be able to demonstrate:
- The defendant did something that was likely to result in the use of force against someone else.
- The defendant did so willfully.
- The defendant was aware of facts that would lead a reasonable person to believe that this act would directly and probably result in force being applied to the other person and When the defendant acted, s/he had the ability to apply force to the other person.
In California, a sex offense is any illegal act of any sexual nature. The Matian Firm handles thousands of these serious sex offenses. Our team works closely with the district attorney to ensure that those charge with a sex offense get the best result possible.
One of the most serious crimes is rape. Rape involves sex through the use of force, fear, coercion or violence. The most common sexual offenses include rape, marital rape, abuse, prostitution, sexual assault, lewd conduct, indecent exposure, pimping and some crimes of internet related to pornography.
Prosecutors and judges take sex crimes very seriously and one of the consequences of a conviction is a mandatory reporting, under Megan’s law. The person’s residence will be posted on the internet for anyone to view and will be label as a sexual offender. Other penalties faced by a person found guilty of a sex offense include imprisonment in jail or prison, parole or probation, lifetime record as a sexual offender, a criminal conviction on your record, counseling, fines, as well as restitution of the victim.
Sexual crimes can be a misdemeanor or felony, depending on the severity of the law;
- Marital Rape
- Statutory Rape (Under Age)
- Sexual abuse of children
- Sexual Assault
- Lewd Behavior
- Indecent Exposure
- Internet related pornography
If you are accused or investigated for a sexual offense you must hire an experienced lawyer immediately.
If you have been charged with a hit & run, immediately contact us and do not take the charges lightly. If you are found guilty of a hit & run, you will face criminal penalties. If convicted of a felony you may be sentenced to serve time in state prison.
A hit & run will be charged as a misdemeanor if the accident did not cause the death or injury of another person (for example, an accident that only results in property damage).
A hit & run can be charged as a felony if the accident caused the death or injury of another person.
In California, prostitution or solicitation of prostitution services is charged as a misdemeanor, while pimping is given as a felony. According to the California penal code, prostitution or solicitation of prostitution services is defined as follows:
Solicitation: The act of directing or asking someone for sexual activity in exchange of money.
Prostitution: The act of exchanging money for sexual activity.
Pimping & Pandering: The crime committed by a “pimp” or administrator of prostitutes, exchanging money for sexual activity provided by prostitution services.
Prowling: Prowling for criminal purposes means wandering without any lawful purpose for the purpose of committing a crime or prostitution.
Robbery is a consider a felony in California. If convicted of theft in California, you may be sentenced to up to 6 years in prison and face heavy fines. If you are being charged with this crime in California, you need to talk to a qualified attorney immediately.
What is California theft?
Under Penal Code 211, California robbery is defined as the criminal taking of personal property in the possession of another, of his person or his immediate presence and against his will, achieved through force or fear. In order to plead guilty to theft under California’s PC 211, the prosecution must prove that it took property that was not possession of its own, of another person and immediate presence, against the will of the person, by force or fear and with the intention of Permanently depriving the owner of its use. California conviction and punishment for theft will vary depending on the charges against you.
- Minor Theft
- Grand Theft
- Grand Theft Auto
Fraud is a false representation, whether by words or conduct, by false or deceptive allegations or by concealment of what must have been revealed – that deceives and pretends to deceive another so that the individual ensures a profit unfair or unlawful, or cause another person to suffer a loss.
There are many different types of fraud laws involving different media and institutions that can be prosecuted by the state of California. Below are some of the most common types of fraud laws and punishments that can be faced with conviction.
- Check Fraud
- Identity Theft Laws
- Health Insurance Fraud
- Foreclosure Fraud
- Fraud of values
If you are convicted of a misdemeanor for fraud you can be sentenced:
- 1 year in County Jail
If you are convicted of a felony for fraud you can be sentenced:
- 1-3 years County Jail
- Fines up to $10,000
If you have arrest warrants you are taking a serious risk with your freedom. When a judge or government agency issues an arrest order that can be taken into custody anywhere in the United States. You have the ability to put an end to the worrisome and order by hiring an expert criminal defense attorney.
There are many reasons why an order can be issued, the most typical type of the order is an arrest warrant. An arrest warrant is usually issued when an individual is scheduled to appear in court and does not appear. When this occurs, a “warrant” is issued automatically with the names of the persons on it and the order of the court is disseminated to all detention agencies. A person may also have orders for the following reasons: detention, probation violations, faults appear, non-payment of a fine or failure to comply with court orders. If an order has been dictated by your detention time is of the essence, it is important to take care of the order as soon as possible. Failure to do so may result in imprisonment, suspension of your driver’s license, high fees and fines, and other serious legal consequences. If you are not a citizen of the United States an order can also lead to denial of your immigration status and possible deportation.
The Matian Firm has the experience and skills to handle all warrant issues. We handle all warrant orders in all California counties. We are aware of the importance of the situation and implement specific strategies in the management of each order for the benefit of our client. Depending on your case and court, our lawyers may “void” or disable the order. In some cases, our lawyers may handle erasing a court order and without the need for your presence in court.
How can I get an arrest warrant?
- Not Paying your Fines
- Not completing Classes/Programs
- Violations of Probation
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Obtaining your Permanent Residence allows you to live, work and legally drive in the United States. In most cases, it also allows you to travel freely to your country of origin. Permanent Residents may be eligible for United States citizenship in a period of 3 – 5 years.
- Permanent residency is the first step to becoming a US citizen.
- Permanent residency may be obtained several ways such as being married to/having a spouse that is a US Citizen or having a US-born Citizen child over the age of 21 years.
- A work permit may be available while the permanent residency process is pending.
Long-term legal residents can be deported because they forget or choose not to become naturalized. Complete the final step and become a citizen. Do not risk losing everything you have built in this country, such as your family, career and home. Contact a representative of La Liga Defensora today. We are here to help you in the process of becoming a citizen of the United States.
- A permanent resident can qualify to become a citizen in 3 or 5 years depending on their situation.
- Get more benefits as a citizen than a permanent resident.
- Only a citizen can petition his brother or sister.
If you have a pending case with an Immigration Judge, it is important that you be represented by an expert and reliable lawyer. If you have a hearing soon, we can submit the necessary applications to allow you to stay in the United States and potentially obtain your residency. Do not try to do this alone – we are here to help you!
- Cases in the immigration court can be processes that take several years.
- A work permit may be available while your case is pending in court.
- It is very important to notified the court of your current address.
If you have been a victim of certain crimes in the United States and have assisted the police in the investigation or prosecution of the crime, you and your family may be eligible to obtain legal status in the United States.
- The crime must have happened inside the United States.
- Cooperation with the authorities is extremely important.
- Having a police report is the first step in determining your eligibility.
If your spouse, parent, child over 21, or siblings are US citizens (or spouse or permanent resident parent), they can request a petition for you to become a permanent resident. If you do not qualify to complete the process in the United States, you may qualify by returning to your country of origin.
- The consular process involves working with the State Department, National Visa Center (NVC).
- Interviews take place at the US embassy or consulate in the country where the beneficiary lives.
- The National Visa Center (NVC) has its own separate fees from those of the United States Citizenship and Immigration Service (USCIS).
DACA gives undocumented youth (usually under 33 years of age) the opportunity to obtain a work permit, driver’s license, social security card and a guarantee that they will not be deported from the United States. To be considered for this opportunity and to learn more about the value and rules of DACA, it is imperative that you establish a relationship with an immigration expert attorney.
- He had to have entered before the age of 16 years.
- I am currently studying or have finished High School.
- DACA status and work permit is valid for two years.
The Matian Firm dba La Liga Defensora contributes $5,000.00 to the Legal Aid Foundation of Los Angeles (LAFLA) in order to help low-income immigrant families in need of legal immigration services. Read More »
The Matian Firm dba La Liga Defensora names former Legal Aid Foundation of Los Angeles (LAFLA) Senior Staff Lawyer and Univision Legal Analyst Nancy Reyes Guarderas, as Managing Associate Attorney of The Matian Firm’s immigration department. Read More »