Monder Law Group - News

Monder Law Taking Lead on the Highest Profile Case in San Diego History – Tieray Jones – KFMB-TV News

Monder Law Group - News

Single Mother Saved From Serious Felony Charges

This was a case Monder Law Group handled where a single mother was arrested and charged with Felony hit and run involving death or injury where client’s car that was registered in her name was involved in a serious accident.

The vehicle code section 20001(a) charge requires the government to prove beyond a reasonable doubt that you were involved in a hit and run incident that resulted in injury or death. In this case, we had an independent witness that provided detailed information regarding the crash and the vehicles involved. Also, the victim made a statement regarding the details of the driver and the vehicle involved. Within the police report it was clear that the license plate and vehicle matched given the damages on client’s vehicle. The only real issue was whether the driver matched the description of the driver involved in the vehicle collision. Here, it was clear that my client was not the driver given the alibi defense we planned to use for trial. Attorney Vik Monder took it one step further because no actual police line-up was conducted after the incident. After successfully filing an Evan’s Line-up motion with the court, the District Attorney Office decided to dismiss all charges against the client.

This case had serious consequences that could have resulted in jail, prison, loss of children or any future employment opportunities. Attorney Vik Monder fought relentlessly to clear the client’s name. It was clear from the information that the client provided that she was nowhere near the scene of the crime when the incident occurred. Through further investigation Mr. Monder was certain that the victim would be unable to identify the client in a line-up conducted at the Sherriff Department in San Diego. If you are facing similar circumstances, feel free to tell your story to Attorney Vik Monder and clear your name!  619-405-0063.

Monder Law Group - News

Great Result for Good Samaritan Arrested for Trying to Help Fire Fighters

This was a case Monder Law Group handled where the City Attorneys Office filed criminal charges against a Good Samaritan that was helping Fire Fighters put out a fire in Poway at Tru-Blue Pool Supply Store.

The client was charged with two misdemeanor counts under California Penal Code Section 148(a)(1) and Penal Code 148.2. Both of these statutes require the government to prove beyond a reasonable doubt that the defendant resisted a peace officer and interfered with a fireman. These PC 148 charges are common in San Diego whenever the officer believes that you are obstructing the duties of local law enforcement. You can be found guilty of this charge for even the slightest interference that may cause a delay for the public officer, peace officer, or emergency medical technician in the discharge of or the attempted discharge of their duty. Even though it is considered misdemeanor level conduct, you will be arrested and a conviction will have serious consequences for your future.

In this case, the best approach was to file a Pitchess Motion to get the personel file of the arresting officer and push for trial by pulling any time waiver dates to run the clock on the speedy trial rights of the client. Attorney Vik Monder was successful at filing the necessary motions and being trial ready on a moments notice. At the date set for trial, Mr. Monder received an outright dismissal on the charges against his client. The client was able to maintain his job and employment opportunities for the future due to the persistence and advocacy skills of Mr. Monder.

The City Attorneys Office should have never filed this case because it creates a public policy approach to not wanting to help your neighbors in dire circumstances. The client never had any foul intent but only wanted to do what he thought was the right thing to do and would expect his neighbor to do for him in similar circumstances. If you are facing similar circumstances, feel free to tell your story to Attorney Vik Monder and clear your name!  619-405-0063

You can read more about the event that occurred at:     

http://www.nbcsandiego.com/news/local/Fire-Breaks-Out-at-Pool-Supply-Store-Poway-Road-231308401.html

Monder Law Group - News

WHAT TO EXPECT BEFORE YOUR FIRST HEARING?

POLICE REPORT

You have been accused of a crime and law enforcement is investigating you. The investigation will include the following:

• 911 calls
• Arrest report
• Medical reports
• Pictures of the scene
• Pictures of any injuries
• Witness statements

Based on these findings, law enforcement will draft a police report and make a recommendation of the initial charges against you.

INITIAL CHARGES

It is important that you understand that the charges listed on your citation, arrest paperwork, or on your bail information sheet are only the initial charges. These are the charges that law enforcement has recommended based on the details that led to your arrest. Ultimately it will be the issuing attorney at the District Attorney or City Attorney’s Office who will decide the formal charges against you. This means that from the time of your booking until your first appearance before a judge, the charges against you are under review. During this time, the issuing attorney will review the police report and reach out to the alleged victim to make their determination of the charges. This is a crucial time for your defense because it means that the charges may either be aggravated or mitigated. In the hands of an experienced criminal defense attorney, your charges could be reduced or even dismissed before you are ever formally charged. The way this process works, is by submitting a mitigation packet for the issuing attorney to review in order to mitigate the initial charges against you.

MITIGATION PACKET

The best defense is a strong offense; a mitigation packet is the perfect strategy for your attorney to present you in the best light. You want the issuing attorney to have an opportunity to see you as the person you are and not the criminal act you are accused of. In order to accomplish this, a skilled criminal defense attorney will need to complete a mitigation investigation and provide report evidence. A mitigation investigation will consist of the following:

• Psychological evaluation
• Medical examination
• Inquiry into family history
• Inquiry into social history
• Inquiry into criminal history
• Interview family, friends, peers, teachers, employers, clergy members
• Accounting of financial responsibilities

The evidence derived from this investigation will provide the mitigating circumstances for your case. This evidence will be submitted to the issuing attorney in the form of a mitigation packet for the District Attorney’s Office or the City Attorney’s office to review. A mitigation packet will generally include the following:

• Character letters
• Education certifications
• Employment references
• Recommendations
• Awards
• Community service
• Military service
• Financial responsibilities
• Personal struggles/ achievements

This report evidence should shed light on your positive character traits, offer insight into your life and show the detriment of the current charges against you. Remember that the whole goal of a mitigation packet is to dismiss or reduce the charges against you by demonstrating that the mitigating circumstances outweigh the issuing attorney’s decision to prosecute.

CRIMINAL COMPLAINT

Once the District Attorney’s Office or the City Attorney’s office has reviewed your case, any formal charges against you will be addressed in the complaint. A complaint is the legal instrument that begins the criminal proceeding. The issuing attorney uses this document to formally file charges against a criminal defendant. A complaint will provide you with the following:

• State the cause of action
• Identify the defendant
• The date of the alleged offense
• Provide the relevant statutes/ laws
• Establish the formal charges
• Statement of the specific facts of the case
• Supporting evidence against you

If the District Attorney’s or City Attorney’s Office decides to prosecute you, the issuing attorney must file a criminal complaint with the court swearing under oath that the complaint is truthful and accurate. A criminal complaint will either charge you with a misdemeanor, a felony or both.

MISDEMEANOR

These are the less serious offenses in a criminal proceeding. Misdemeanor offenses are typically punishable by fines or summary probation. If you are sentenced to county jail for a misdemeanor, it cannot be for more than one year.

FELONY

These are the more serious offenses in a criminal proceeding. Felony offenses are typically punishable by terms of incarceration in California state prison. If you are sentenced to state prison for a felony, the California penal code will determine the penalties and establish a range of possible sentences depending on your conviction.

WOBBLER

These are offenses that the issuing attorney has discretion to charge as either a misdemeanor or a felony. This decision is important to your defense because it will determine the penalties that you could face if convicted of the charges against you. To make this determination the issuing attorney will look at any aggravating factors in your case and weigh them against your specific mitigating circumstances. Aggravating factors are any evidence that may enhance the underlying offense. While mitigating factors is evidence that reduces your culpability.

Monder Law Group - News

WHAT HAPPENS DURING YOUR FIRST APPEARANCE?

ARRAIGNMENT

You want to know what are the charges against you, what are your rights, can you get out of custody, do you need an attorney? These are all questions that get answered in your first court appearance.

At the arraignment hearing the judge will:

• Inform you of the charges the prosecution has filed against you.
• Advise you of your constitutional right to counsel and ask if you plan to retain an attorney.
• Decide whether or not to release you on bail pending resolution of your case.
• Set the date for your preliminary hearing.
• Ask you how you choose to plead.

At the arraignment your initial plea should always be NOT GUILTY because you still do not know what evidence the prosecution has against you. You can always change your plea of not guilty after the preliminary hearing when you find out what evidence the prosecution has against you.

Attorney Vik Monder’s Goal During Arraignment:

Try to reduce bail amount and establish conditions for your  release pending the resolution of your case.

WHAT HAPPENS AFTER YOU HAVE BEEN ARRAIGNED?

PRELIMINARY HEARING

You want to know what does the police report say, what evidence does the prosecution have against against you, who are the prosecution’s witnesses? These are all questions that get answered in your second court appearance.

At the preliminary hearing:

• The prosecution has the burden of proof to show probable cause that you committed the charged crime.

Probable Cause: the prosecution has enough evidence to justify a belief that a crime took place and that you committed the crime.

• If the judge decides that the prosecution does not have probable cause, then your case will be dismissed.
• If the judge decides that the prosecution does have probable cause, then the court will retain jurisdiction over you until the case is resolved.
• The defense receives the police report but does not have to put on any evidence of its own
• The defense assesses the credibility of the prosecution’s witnesses by looking for inconsistencies and forgetfulness.
• Depending on the strength of the prosecution’s case

     the defense decides whether to negotiate a plea bargain or go to trial.

Attorney Vik Monder’s Goal During Preliminary Hearing:

To preview the evidence against you and hold the prosecution accountable for their burden of proof (probable cause) in order to protect you from unfounded prosecutions. If there is enough incriminating evidence against you to go to trial, this may be a good time for your attorney to negotiate a plea deal with the prosecution in order to reduce your exposure at sentencing.

WHAT HAPPENS AFTER YOUR PRELIMINARY HEARING?

TRIAL

However, if you know the prosecution’s case is weak, the police report is vague, the prosecution witnesses are lying, they either don’t know or don’t remember the incident. These are all good indicators to proceed to trial.

Attorney Vik Monder’s Goal At Trial:

To hold the prosecution responsible for meeting every single element of the charged offense beyond a reasonable doubt.

SENTENCING

You have been found guilty of the charges against you. Now you want to know how much time you are looking at, what are the penalties for your conviction?

These are all questions that get answered at sentencing:

Unless the criminal charges you have been convicted of have mandatory minimums or fall under California’s Three Strikes law, California judges have flexibility when it comes to criminal sentencing. For felony charges, California judges choose from a range of three prison sentence lengths low term, mid term, and high term. Which term you are sentenced to depends on the severity of the circumstances, the mitigating factors provided by the defense and your criminal history.

Attorney Vik Monder’s Goal During Sentencing:

To depart from the sentencing scheme by demonstrating to the judge the mitigating factors that apply to your case.

Monder Law Group - News

Blog Law 101

criminal lawyer in San Diego

Monder Law Group - News

Save Elder Man with Medical Conditions Facing a DUI

This was a case Monder Law Group handled where the District Attorneys Office filed criminal charges against an individual who is medically disabled. This individual was pulled over by law enforcement for driving onto oncoming traffic. After a failed filed sobriety examination and blood test, the client was arrested and charged with a DUI and not having a valid California Driver’s license.  The prosecution believed the elder individual was high on methamphetamine and other controlled substances based on the high levels of controlled substances found in the bio-toxicology report. Under California Vehicle Code Section 23152(e) you can be charged with a DUI for driving under the influence of a controlled substance. Not all DUIs involve alcohol. Also, these charges are more difficult to prove because it is a subjective sign of intoxication. Everybody has different tolerance to controlled substances and it is difficult to prove whether the behavioral signs are based on medical issues or if being under the influence of a controlled substance causes the behavioral issues.

It is important to have an expert witness that understands the forensic toxicology involved in these cases. At Monder Law Group we have the best experts in the country on staff. We called a forensic toxicologist with over 40 years of experience supervising the LA County Crime Laboratory and has personally testified over 2,000 trials with facts similar to the case we had. He was able to tell a jury that the client was not under the influence at the time and the nanograms per milliliter of controlled substances found in the client’s blood is less harmful in terms of driving than if he had two cups of coffee. Attorney Vik Monder was able to convince a jury that these behavioral characteristics were due to the physical disabilities and mental health issues of the client and not because the client was under the influence of any drugs. The jurors understood the argument from the defense and the prosecution eventually dismissed the DUI charge against the elder man because of the strong articulate arguments made by Attorney Vik Monder.

DUI cases in San Diego are some of the most challenging cases to put in front of a jury because most jurors have their own experiences of friends or family that have been victim to accidents involving drunk drivers. If you are looking for a competitive advantage with an expert forensic toxicologist at your disposal, then attorney Vik Monder is the most experienced to handle such issues. Many times cases are dismissed before the trial stage when motions are filed along with reports from the forensic toxicologists. Feel free to contact attorney Vik Monder to discuss your case directly at 619-405-0063. 

Monder Law Group - News

Self Defense Win on 7 Counts of Felony Assault and Battery with Multiple Strikes

This was a case Monder Law Group handled where the District Attorneys Office filed multiple charges against for multiple victims involving an assault outside a bar in North Park. The charges included every variation of Penal Code 245 and all the lesser-included offenses that come after. The circumstances is that it occurred at night and there were a total of six independent witnesses telling law enforcement that my client started the fight and two people ended up in the hospital. The Victims’ injuries included lacerations needing stitches, dislodged front teeth, significant bruising and swollen lips. The client had no injuries only cuts on his hands. This was not even the worst part of the case; the kicker was that Attorney Vik Monder substituted in on the case a week before trial.

Client’s former lawyer did not prepare the case well for trial. The original arguments being made at the preliminary examination is that this was a false ID case because everyone was drunk! This is probably one of the worst arguments I have ever read. It was clear based on statements made by the defendant that he was scared for his life that night and fought to protect himself when a group of six people were closing in on him.

Attorney Vik Monder knew that this was a serious case was and the client was looking at a significant exposure of time in jail if found guilty. There were multiple strikes for great bodily injury and serious bodily injury enhancements. The client did not have a serious criminal record, which was the only fact that would possibly be to the benefit of the defense. What the defense lacked in good facts in this case, the defense made up in a staff of expert witnesses at their disposal. Attorney Vik Monder decided to have a fight or flight expert testify in regards to the physiological responses one goes through in similar circumstances. Here, we had a person who was by themselves in the middle of the night and being closed in on by complete strangers. The jurors believed the defense and their explanation of the facts and found the Defendant Not Guilty on 7 counts! If you have a potential self-defense claim contact attorney Vik Monder to explore the circumstances to see if an expert witness could be a good fit in your case. You can reach attorney Vik Monder directly at 619-405-0063.

Monder Law Group - News

Felony Gun Charges Dismissed For U.S. Marine

This was a case Monder Law Group handled where the District Attorneys Office filed felony criminal charges against a Marine that has fought for our country on two tours to Afghanistan. The Marine was on probation and in veteran’s court for a negligent discharge of a firearm charge years earlier. During a probation sweep of his home, his probation officer located large capacity magazines in his shed. In California, you can be found guilty for receiving large capacity magazines under Penal Code section 32310. This code section was intended stop the manufacturing of large capacity magazines in California; however, the law was re-codified to go after people that receive them as well. This is one of the most ridiculous laws ever created in an attempt to circumvent gun owner’s rights in the state of California.

The Marine was charged with both California Penal Code Section 32310 and PC 30305(a)(1) because he was currently in veteran’s court on a prior gun charge years earlier. This is an individual who needed the expertise of an attorney that represents the interest of gun owners in the state of California. The initial probation violation offer was 5 years and that did not include the punitive consequences of this new charges that was pending against him. The court does not know how to categorize these types of cases in relation to other crimes and the prosecution always wants to paint a picture of a dangerous fanatic gun owner. If this was Texas, people would we laughing at these charges. Since we are in California, the state tells us we have to be hard on gun laws. Even though it would be a misdemeanor to carry a handgun without a permit but a felony to have a few large capacity magazines. It does not even make sense to the most intellectual lawyers in San Diego. It often baffles the legal community regarding the actions being taken by our legislation in Sacramento. Nevertheless, this individual should not be in trouble for having large capacity magazines from the time he was in Afghanistan.

Attorney Vik Monder fought relentlessly to clear the Marine’s name. Ultimately, the case was dismissed after long discussions and negotiations with the District Attorneys Office. The biggest issue here is how is the state of California going to prove beyond a reasonable doubt each and every element of the crime charges against him. There were holes in the prosecution’s case in chief and the defense was prepared to take this case all the way to trial if need be. The defense believed it would be highly unlikely that a jury would convict a decorated war veteran for having large capacity magazines. Also, the prosecution would have to call someone from the military to testify against the Marine that will say he received the magazines from a certain individual. This will merely put that witness in an incriminating situation. This case looked bad for the prosecution at every angle. If you are facing criminal gun charges here in San Diego, contact attorney Vik Monder right away at 619-405-0063.  

Monder Law Group - News

Case Dismissed Against Student Giving False Identification to Police

This was a case Monder Law Group handled where the City Attorneys Office filed criminal charges against a college student who provided false information regarding his identification to a police officer under California Penal Code Section 148.9(a). These charges are typically filed if you hand over a fake ID to an officer and try and pass off that information off as your own. These cases are very common for individuals who are underage and found in areas where drinking is apparent. 

The facts of these cases was a college student was found in Pacific Beach was questioned by a police officer. The student gave the office a false name and date of birth to the officer. Thereafter, the student was arrested and cited for PC 148.9(a). The City Attorneys Office is the prosecuting authority involved in bringing these charges formally against you. It is considered misdemeanor conduct but does carry a criminal conviction, a license suspension and loss of job opportunities in the future. The student in this case has a very bright future ahead of him and was plan on going to Medical School. A conviction on his record would have certainly prevented him from getting into the Medical School of his choice. Often people facing criminal charges do not take into consideration future consequences that may affect them. Attorney Vik Monder does a great job at explaining the collateral consequences of even a misdemeanor conviction on a person’s record. Attorney Vik Monder handles administrative hearings in conjunction with his criminal cases to prevent any loss of professional licenses as an outcome of the criminal charges.

In this case, it was important to put a mitigation packet together in order to get the charges dismissed. At the onset of this case, the client already had an impressive resume and character letters. However, the prosecution always wants more to show some rehabilitation being completed on client’s own accord. I had the student do some community service and get into some counseling and was able to convince the prosecutor to dismiss the case against him. If you find yourself needing to put together a mitigation packet, contact attorney Vik Monder for the best possible solution in your case at 619-405-0063.