Being arrested for a crime in California is a reality no one wants to face, yet many do it daily. One minute they are living an everyday life, and the next, they are looking at the potential of thousands of dollars in fines and years behind bars.
At The Law Office of Joshua Moody, we connect clients with a Hesperia criminal defense lawyer to help them understand the road ahead. When your back is against the wall, you should not leave your life in the hands of a public defender or randomly selected criminal defense attorney in Hesperia, CA. You need a Hesperia criminal defense attorney capable of winning.
Charges a Hesperia Criminal Defense Lawyer Can Help With
In California, countless actions are classified as crimes. While it is best to consult with a Hesperia criminal defense attorney to understand if you engaged in criminal behavior, below are some of the most common crimes that a person can be charged with in California.
Some of the most common drug crimes a person can be charged with in California include those involving the trafficking and manufacturing of cocaine, methamphetamine, heroin, LSD, and opioids. Other drugs may fall under the drug crimes umbrella, so it is best to speak with an attorney to understand your charges.
Driving Under The Influence
Driving while under the influence of alcohol in California can result in jail time, fines, and a revocation of one’s driver’s license. The amount of time in jail (or prison) increases for repeat offenders, as do the fines they have to pay and the length of time their driver’s license is revoked.
Crimes of violence are not tolerated in California. Severe punishments are dished out to those charged with aggravated assault or battery. Those accused of murder and domestic violence also face severe consequences. Similar to other crimes, repeat offenders may face more severe consequences.
Crimes that are sexual in nature, such as rape, sexual assault, and the production and distribution of child pornography, are met with life-altering ramifications, including potentially being labeled as a sex offender for the duration of a person’s life. These are some of the most delicate crimes to navigate, and a stellar criminal defense attorney can provide sound advice to individuals facing these charges.
There are numerous white-collar crimes that a person may be charged with in California. These crimes can include bribery, corporate fraud, insider trading, insurance fraud, Ponzi schemes, and money laundering, just to name a few. The severity of the fines and potential time behind bars often comes down to whether or not the person charged with these crimes has a proper defense strategy in place.
The term theft can mean a lot of things to many people. Under California law, it can apply to petty theft, grand theft, looting, shoplifting, burglary, and more. As with any crime, repeat offenders risk facing more severe consequences. A Hesperia criminal defense attorney can explain the differences between these crimes and the potential consequences if convicted.
Considering how the internet is present in nearly all aspects of life, many illegal activities can also be classified as internet crimes. For example, a person engaged in producing and distributing child pornography via the internet could be charged with both a sex crime and an internet crime. Other internet crimes include credit card fraud, phishing, identity theft, and cyberstalking.
In California, even if someone is not an adult, they can be charged with a crime. The major difference is that their charges go through California’s juvenile justice system. Juvenile offenses should not be taken lightly. They can have a long-term negative impact on a person’s life.
These are just some common charges that someone may face in California. Enlisting the services of a criminal defense lawyer in Hesperia is the first best step to ensuring that charges do not turn into convictions.
California’s Three-Strikes Rule
California has a three-strike-rule system. Here is how it works. Once a person acquires three felony convictions in Hesperia or anywhere in the state, they will be hit with additional penalties. What kind of penalties? Well, those who have achieved a third strike are sentenced to at least 25 years in prison, with the potential of receiving a life sentence. It is important to recognize that the severity of the felonies influences this, including whether violence played a role in it.
California’s three-strike rule has been in effect since 1994. However, in 2012 it was amended for two reasons. The first alteration made it so the 25-to-life penalty only applies if the third strike is either violent or severe in nature. This amendment’s second change is that if the third strike does not meet either of these requirements, the repeat offender can petition to have it reduced to a second-strike sentence. As a result of the delicate nature of these amendments, it is critically important to have a criminal defense attorney in Hesperia on your side.
Types of Criminal Offenses
There are three kinds of criminal offenses to be aware of under California law. Below are the criminal offenses people need to be aware of in California.
Infractions are public offenses where no prison time is required. For example, a person will pay a fine for a traffic violation, not go to prison. While it may seem that these lesser crimes can be handled without the assistance of a lawyer, it is always wise to speak with one to ensure everything is handled properly.
Unlike infractions, if a person is charged and convicted for committing a misdemeanor, they can face up to one year in prison and fines totaling in the thousands. Being drunk in public, trespassing, or engaging in petty theft are all examples of misdemeanors in California.
Sometimes, a crime can be considered either a misdemeanor or a felony. If someone is charged with manslaughter, drug offenses, domestic violence, or murder, among other serious crimes, they risk being convicted of a felony. For this reason alone, working with a Hesperia criminal defense attorney is vital because they can potentially reduce a felony to a misdemeanor, helping to prevent life in prison, among other consequences.
Finding The Right Lawyer
It is important to find the right lawyer because a sub-par attorney just will not do when your life is at stake. Yes, public defenders are an option. However, working with a criminal defense lawyer from a law firm is a much better route to take. While hiring a private criminal defense attorney is a step in the right direction, one must be careful to select the right one.
When looking into which attorney to hire, ask the right questions. Have the potential attorney share information about their record of success, years of experience, and knowledge of cases similar to the one you are facing. Being convicted of a crime is a serious matter. The effects of a conviction ripple throughout a person’s life and can harm their ability to get a job, own a house, or be in a relationship.
Knowing the permanent effects of a conviction on someone’s life, hiring the right attorney is the most important decision. Do plenty of research, ask detailed questions, and be completely confident that you hired the right criminal defense lawyer in Hesperia.
The Criminal Process
Achieving freedom after being charged with a crime is no easy task. Specific steps must be taken to vindicate a person’s name and return to the life they once led. Making any mistakes along the way can result in dire consequences. Therefore, it is important to have a thorough understanding of the criminal process.
The first step in the criminal process is being arrested. Once arrested, a person is detained at a local police station until the arraignment takes place, during which they are formally charged with a crime (or crimes). Depending on the crimes they are charged with and the severity of those crimes, a bail amount is set.
Within 72 hours, the arrested individual has to appear before a judge. It is advised to have a criminal defense lawyer present for this appearance. It is important to note that in some cases, such as those involving capital murder or a probation violation, bail may not be granted.
The arraignment involves appearing before a judge to be read charges for crimes committed. At this time, a guilty, not guilty, or no-contest plea is entered, and bail is negotiated. In the event of a not-guilty plea, depending on the charges, the judge may set a preliminary hearing or pre-trial conference date. Pre-trial conferences are often used for misdemeanor charges, providing the individual with an opportunity to work with a criminal defense attorney to reduce or dismiss their charges. The criminal process ends at this stage if a plea bargain is reached. Felony crimes move on to the preliminary hearing stage.
The Preliminary Hearing
Those charged with felony crimes will be asked to appear for a preliminary hearing. At this hearing, a judge reviews evidence, listens to witness testimony, and decides if a trial is necessary. Being represented by a criminal defense attorney in Hesperia, CA, during arraignment is vital because they can let you know you have the right to a preliminary hearing within ten days of the arraignment. This is beneficial because the standard of proof in a preliminary hearing is not as high as in a trial.
Once a preliminary hearing has concluded, a trial may be set. If a case goes to trial, having a criminal defense lawyer with a proven track record for success is even more important. The attorney will help build the strongest case possible by taking advantage of the best defense strategy available.
Defense Strategies a Hesperia Criminal Defense Attorney Can Use
There are many defense strategies that a criminal defense attorney can use to help someone charged with a crime. A skillful and knowledgeable lawyer will assess the case, look at the evidence, and pick the best one based on sound judgment.
Examples of defense strategies that might be used are proving that you did not commit the crime you have been charged with or that your rights were violated while being searched, arrested, or questioned. Additional viable defense strategies include mishandling of evidence, self-defense, or being framed, depending on the details of the case.
How a Hesperia Hesperia Criminal Defense Lawyer Can Help
The number of crimes that a person can be charged with is substantial. Sometimes people find themselves in these situations because of poor choices or external factors outside their control. Regardless of how it happened, when one is charged with a crime, it must be taken seriously.
A criminal defense lawyer in Hesperia can help clients understand what they have been charged with and the steps they can take to fix the situation. Facing this harsh reality alone is not a smart move. It is better to have a Hesperia criminal defense lawyer who can guide you through the criminal process, make sure you understand the potential consequences of conviction, and how to attain the best outcome possible.
Contact The Law Office of Joshua Moody for a Hesperia Criminal Defense Lawyer
At The Law Office of Joshua Moody, we are committed to providing our clients with the best defense possible when they have been arrested for a crime. We pay close attention to the details, implement winning defense strategies, and fight for the rights of our clients. People come to us for a Hesperia criminal defense lawyer because of our record for success and unwillingness to back down when up against the odds. We offer our clients the support they need throughout the entire criminal process and make sure to put them at ease. When you have our team in your corner, you can be confident that we will get the job done for you. Contact us today so we can help you with your legal case.