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Are You Being Charged with Drug Possession?
The drug laws have very much been in flux in recent years. From the odd legal distinction between crack and cocaine that dominated the headlines in the 1980s to the Compassionate Use Act in 1995 to the passage of Proposition 64 in 2016, knowing the law and the changing environment in which is it practiced is vital if you or someone you know is charged with a drug crime.
Governed by the Welfare & Institutions Code, drug crimes range from minor infractions to serious felonies. Many crimes are eligible for diversion—which results in a dismissal of the charge as if it never occurred—or treatment in lieu of criminal penalties. Other crimes, such as possession for sale or transport of large quantities of drugs, are punishable by time in state prison.
Frequently, finding drugs on someone is the result of a traffic stop. You need an attorney who can challenge the legality of this stop and thereby negate the fruits of the police officers’ unlawful search. Similarly, drugs found in a home may be the result of a warrantless search or, if consent was given, that consent was improperly secured under threat or undue influence. Our job—and we are very good at it—is to examine all aspects of the District Attorney’s allegations and see where we can exploit an error or, alternatively, to mitigate the consequences so you or your loved one can take advantage of the ever-changing world of drug laws specific to where you live.
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Criminal Lawyers & Defense FAQs
If You Already Have A Criminal Defense Attorney and You’re Not Happy With Your Attorney, Can You Switch It?
The answer is yes. Absolutely not only do you have a right to counsel in this country, but you have a right to the attorney
It is not recommended that you represent yourself in a criminal defense matter. There are attorneys that are trained, that go to school, that go
Public defenders work for the government and have a tremendous amount of cases. They’re extremely busy because the government gives them these cases to handle
The way the Matian Firm works is we provide a flat fee retainer for your case. For example, if you come into our firm and
I Was Caught Red-Handed, the Police Have All the Evidence to Prove that I’m Guilty. Why Should I Hire a Criminal Defense Lawyer?
You should absolutely hire a criminal defense lawyer. Because even if you think the government has all the evidence they need against you, a competent
This Is the First Time I’ve Ever Been Charged With a Crime. Will the Court Take This Into Consideration?
Yes, a court or district attorney or prosecutor or city attorney will always take into consideration the totality of circumstances which includes your past, criminal
There are essentially three ways: 1.) The district attorney could make a decision to drop the case because they feel that there isn’t enough evidence
If the crime that you’re charged with can land you in prison for over a year then that is classified as a felony. If the
Does the Police Need a Warrant to Arrest you? In What Circumstances Can a Police Officer Arrest You Without a Warrant?
No, the police do not need a warrant to arrest you. If a crime happens in their presence and they witness it, then they can
The answer is this it’s unknown. Every courthouse is different, every jurisdiction is different, every judge is different, every prosecutor is different, and every single
Miranda rights are only supposed to be read for you. They are only applicable is if you are in custody and the police want to
If I Was In Custody and the Police Asked Me Incriminating Questions and I Answer Them, But They Did Not Read Me My Miranda Rights, What Happens Then?
Well if you have a good attorney, a competent attorney they will file a motion to make inadmissible your answer. So if you provided an
Mistake of Fact Defense: Can be a defense to a crime. For example, let’s say you had an identical purse as someone, and you put
Reckless Vs Careless Careless negligence is things that are more minor. For example, if you’re driving on the street and you’re in your own lane,
If I intend to do something that is intentional, if I don’t intend to do something but something happens that is unintentional, it’s like a
The answer is pretty self-explanatory. Simple assault is when there are either no injuries or very minor injuries. Possibly extremely minor bruising or something along
Voluntary Versus Involuntary Manslaughter Voluntary manslaughter is the act to kill someone and you have the means, the intent, the reason behind killing that person.
The answer is police officers don’t have a right to search anything. There has to be certain circumstances that will give them the reason to
What Kind of An Attorney Should I Expect to Work On My Case? How Many Attorneys, Paralegal Staff Members, Are Usually Assigned to a Criminal Case?
Well that all depends on your specific crime and also the type of firm you hire. If you hire a firm that only has one
The majority of arrests are made by the state government. However, the federal government also has a prosecutorial arm and the jurisdiction where they could
What Is A Mens Rea Example? Mens rea goes to your intent, your mind, your brain, when you do an action. For example, in criminal cases the majority of criminal crimes constitute an intent, you must prove that the person intended to do that which he did. For example, if I punched someone in the face and I intended to do that, that’s a crime. That’s assault. I didn’t act, the act was actually making contact with my fist to his face, but the main component of the crime is did I mentally prepare myself and that I’m maliciously doing it? Did I knowingly do it? The answer is yes, then I have the men’s rea. There are certain situations where you do an act then you don’t have the mens rea. For example, if I punch the cameraman in the face but I am on a prescription drug and I completely black out and I have no idea what I’m doing and I cannot control my body, I cannot control my mind, then I do not have the mens rea. So I cannot be charged with assault because I don’t have the mens rea. I don’t have the specific intent to do what I did, even though I did it. Men’s rea is basically my mind knowing what I’m doing and my mind carrying out the conduct of which I did.