Point Loma is a seaside neighborhood located on a peninsula, bordered on the North by the San Diego River, on the East by the San Diego Bay and on the West by the Pacific Ocean. Point Loma is home to Harbor Island, Sunset Cliffs Natural Park, Liberty Station, and Shelter Island. As a seaside community, there are lesser incidents of crimes reported in Point Loma than some of the other cities that we serve. Most of the offenses that are reported in Point Loma involve crimes against property, these are vandalism, shoplifting, larceny or burglary offenses. If you are under criminal investigation or have been charged with a crime against property, then you need to retain a Point Loma Criminal Defense Attorney immediately to invoke your constitutional right against self-incrimination. At Monder Law Group, we have a great reputation working with Point Loma and Pacific Beach law enforcement authorities. As soon as you contact our office, we will obtain the name of the lead investigator on your case and reach out to them directly to inform them that you are being represented by Attorney Vik Monder. By doing so, law enforcement will no longer be allowed to contact you directly and will have to go through our office to reach you. In an effort to avoid an unnecessary arrest, we will agree to cooperate with the ongoing investigation but it will be on our terms. Attorney Vik Monder will make himself available to the lead investigator and present him with a mitigation packet to be considered in his decision whether or not to file charges against you.
Understanding How Charges Are Determined and Filed
Most crimes against property may be charged as either a misdemeanor or a felony. Misdemeanors are minor offenses that are prosecuted by the San Diego City Attorney’s Office and punishable by up to one year in county jail. The type of crimes that are prosecuted by the Office of the City Attorney are resisting arrest, hit-and-runs, reckless driving, vandalism, hate crimes, harassment, DUIs, vehicular manslaughter, theft, and embezzlement. Whereas, felonies are serious offenses that are prosecuted by the San Diego District Attorney’s Office and punishable by more than one year in state prison. The type of crimes that are prosecuted by the Office of the District Attorney are juvenile offenses, felony vandalism, economic crimes, insurance fraud, burglary, arson, and grand theft. Whether or not charges are filed and where they get filed will depend solely on the discretion of the lead investigator handling the case and the police report. Once the case issuance division in one of the two prosecuting agencies receives the criminal complaint filed by the lead investigator in your case, the issuing attorney will review the request to determine whether or not enough evidence exists to prosecute the offense and if so what charges to file. It is important to note that in California, the issuing attorney has sole discretion to file wobbler offenses. These are offenses that can be charged as either a misdemeanor or a felony. In making the determination whether to elevate a misdemeanor or reduce a felony property offense, the issuing attorney will look to the value of the property, the existence of aggravating factors during the commission of the offense and your criminal history.
Proper Mitigation Can Go a Long Way to Avoid Charges From Being Filed Against You or Being Reduced
At Monder Law Group, our team of legal experts consists of specialists who are trained in the art of mitigation. Mitigation in criminal defense is the act of presenting a defendant’s extenuating factors in order to reduce the severity or seriousness of the criminal charges. After your initial consultation with Point Loma Criminal Defense Attorney Vik Monder, our office will schedule an appointment with the mitigation specialist. During your meeting with the mitigation specialist you will need to be prepared to answer questions about your personal background. In an effort to identify the extenuating factors that exist in your case, the mitigation specialist will inquire into your family history, physical and mental health, education, vocational training, employment, military service and community service. The mitigation specialist will then put together a mitigation packet consisting of evidence that highlights the extenuating factors in your life and drafting a letter explaining their significant impact on your case. In addition, the mitigation specialist will go over a list of potential character witnesses who may provide letters attesting to your good character in the community. At Monder Law Group, we have vast experience successfully using mitigation packets to place our clients in the most positive light in the eyes of the lead detective investigating their case and the corresponding issuing attorney. The key to our firm’s successful mitigation results is timing, the sooner we get a mitigation packet before the person deciding your fate, the more likely the outcome will be in your favor. Do not waste precious time, contact Monder Law Group today at (619)405-0063 to find out if you are a good candidate for mitigation!
The Role of Restitution As a Defense Strategy
Pursuant to Article I, section 28(b) of the California Constitution, a victim in the criminal justice system who has suffered a loss has a right to restitution from the defendant for harm that resulted from the crime. The Office of the San Diego District Attorney has a Restitution Enforcement and Victim Services Division that is responsible for advocating restitution claims at the investigation, pre-trial, and trial stages of the criminal justice process. Most criminal defense attorneys wait until sentencing to begin discussing restitution with the prosecution. This is a huge mistake because it undermines the significant role that restitution can play in negotiating the charges in your case. To determine the amount that is owed in restitution, the Restitution Enforcement and Victim Services Division will look at the seriousness of the offense, whether you are being charged with a misdemeanor or a felony. Under California Penal Code section 1202.4(b), if you are convicted for a misdemeanor offense, restitution fines can range from $120 to $1,000 but if you are convicted for a felony offense then restitution fines will range anywhere from $240 to $10,000. If victim restitution is a factor in your case, you need to hire an experienced criminal defense attorney who knows how to use restitution to negotiate your case with the prosecution at each stage of the criminal justice process. Point Loma Criminal Defense Attorney Vik Monder knows that victim restitution can play a vital role in a criminal case. At the investigation stage, attorney Vik Monder’s defense strategy is to inquire with the lead investigator about restitution and to verify the amount of loss to the victim. By doing so he is able to look for any discrepancies that may exist, which could make all of the difference between being charged with a misdemeanor or a felony. At the pre-trial stage, if you are able to pay off the full amount owed in restitution, you do not have a significant criminal record, and the commission of the offense did not include aggravating circumstances, attorney Vik Monder will negotiate with the prosecution to pay the amount that is owed in restitution in lieu of a criminal conviction. At the trial stage, if you are not able to pay the amount owed in restitution, attorney Vik Monder will prepare the necessary evidence to show the court all of the compelling and extraordinary reasons for why restitution should be suspended in your case. Whether your case is currently at the investigation, pre-trial, or trial stage, restitution negotiations may be a viable strategy for your defense! If you are being charged with a crime that involves restitution to the victim, you need to represented by a skilled negotiator and experienced criminal defense attorney. Criminal Defense Attorney Vik Monder tries restitution cases every week, so he knows perfectly well when and how to use restitution to the defense’s advantage! Allow attorney Vik Monder the opportunity to negotiate the best outcome in your case by contacting Monder Law Group today at (619)405-0063.
In Reality Most Crimes Against Property Cases Are Settled Out of Court
We understand that you have received a criminal complaint and are desperate because you fear losing your liberty. Rest assured that at Monder Law Group we will do our due diligence to inform you of the different legal course of actions that are available for your defense. The reality is that with defense strategies like mitigation and victim restitution, most property cases are actually settled out of court. This is why it is crucial that you retain a Criminal Defense Attorney with vast experience negotiating cases involving crimes against property in Point Loma. Criminal Defense Attorney Vik Monder has been serving the Point Loma and the Downtown community for years. Working directly with their law enforcement, the City Attorney’s Office and the District Attorney’s Office has provided Attorney Vik Monder with successful negotiations outside of court for his clients. Allow us the opportunity to do the same for you, contact Point Loma Criminal Defense Attorney Vik Monder to learn about your best criminal defense strategy options at (619)405-0063.