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Advice on Preparing for a Domestic Violence Hearing

There are more domestic violence charges today than there have ever been in the past. And that’s horrible. However, not all of those charges and accusations are just, and not all individuals accused of committing this crime are actually guilty of it. In order to prove your innocence, besides hiring an experienced domestic violence attorney in San Diego, you should also do all you can to adequately prepare for your application hearing. Here’s what you need to do.

What is domestic violence application hearing?

The domestic violence application hearing is the process of granting or refusing a domestic violence order to a victim. This order places limits on the behavior of the abuser toward the victim. The court will accept the order if:

• There is a proven act of domestic abuse
• The victim and the abuser are engaged in a lawful relationship
• The court deems it necessary to enact a domestic violence order

If you’ve been unjustly accused of domestic violence, it is vital to be familiar with these three steps in order to help prove your innocence during the hearing.

How do I prepare for a domestic violence hearing?

Knowing more about the steps that the court will consider before enacting a domestic violence application is the first thing to do when preparing for the hearing. Then, you should start paying attention to the following:

Contact witnesses

When facing unjust charges of domestic abuse, the first and the most important thing is to contact potential witnesses who could testify on your behalf and prove your innocence. Witnesses can be members of your family, police officers, co-workers, etc.

Basically anyone who is familiar with the portion of your relationship and who could provide any proof regarding the absolute absence of potentially abusive behavior on your part.

Be aware of what the court can do

Being accused of a crime you did not commit is extremely emotionally difficult, especially if it threatens to tear your family apart. However, while the judge can place initial protective orders targeted against you, it is uncommon for you to be prevented from seeing your children.

While still difficult, this provides some solace until an experienced lawyer helps you refute the charges and prove your absolute innocence.

Tell your side of the story

Big part of proving your innocence is telling your side of the story in the best possible way. That means working alongside your lawyer and practicing the different parts of your truth in order to present it as a solid counter argument to your partner’s false claims. This will greatly help your efforts in proving you were unrightfully accused of a crime you did not commit.

Additional advice

Also, you should make sure to do the following in order to leave the best impression during the hearing:

• Arrive 30 minutes early
• Dress accordingly
• Hire legal representation
• Bring a support person
• If necessary, hire an interpreter

Which domestic violence attorney in San Diego can help me?

Facing untrue domestic violence charges is emotionally extremely tasking, which is why you should prepare for your domestic violence hearing well. This includes learning more about what constitutes domestic violence, as well as hiring an experienced domestic violence lawyer to help you out. Just ensure you ask your potential legal representative the necessary questions to make sure they are the professionals you should work with.

Or you can simply contact Monder Criminal Lawyer Group and allow Vik Monder, San Diego’s leading criminal defense lawyer to help you with your case. Vik is a qualified and dedicated defense lawyer with years of experience handling similar cases. He and his team of lawyers are here to get your voice heard. Schedule a free consultation today and find us at our offices near Waterfront Park. Reach out to us today!

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What Constitutes Domestic Violence?

Domestic violence is becoming a common occurrence in modern society, which is terrible. However, the false accusations of domestic violence are also increasing with each passing day, which is not only unfortunate, but also unfair and extremely mentally tasking for the unfairly accused individuals. If you’re facing such unjust accusations, it’s important to first learn more about what domestic violence is before San Diego’s prominent domestic violence attorney.

What is domestic violence?

The United States Department of Justice defines domestic violence as a usually repetitive pattern of abusive behavior within a certain relationship. The main characteristic of domestic violence is that one partner uses it to assert control over the other partner within the same relationship.

At times, abusers committing domestic violence are not even aware that they are guilty of it. Also, some victims do not take action to protect themselves from the abuser because they too are not aware they are experiencing domestic abuse.

However, there are also numerous instances of a partner falsely reporting domestic violence where it didn’t occur, causing severe problems for the unjustly accused individual. Knowing what exactly constitutes domestic violence can help both actual victims report the crime, and the defendant prove their innocence.

What are the different types of domestic violence?

The definition of domestic violence includes several different types of abusive behavior. Here are the subcategories of domestic violence, as listed by the DoJ:

Physical violence

Physical abuse is the type of domestic violence that includes various physically abusive behavior, ranging from biting, hitting, punching, and slapping to pinching, hair pulling, and shoving. Additionally, forcing someone to use alcohol and drugs and denying medical treatment to an individual is also a form of physical violence.

Sexual abuse

Sexual abuse is the process of an individual coercing or trying to coerce a victim to have sexual relations, as well as sexual behavior without explicit consent of the victim. Most common forms of sexual abuse are marital rape, physical violence followed by unwanted sex, and attacks on victim’s sexual parts.

Emotional abuse

Emotional abuse is, perhaps, the most overlooked form of domestic abuse in the United States. It involves lowering the victim’s sense of self-esteem and self-worth through constant criticism. It also includes affecting your partner’s relationship with the children.

Economic abuse

Emotional abuse occurs when an individual tries or succeeds to make their partner or spouse economically reliant by taking control of their finances. This happens when they refuse to give them the financial resources they need or make them ask and beg for them.

Psychological abuse

While similar to emotional abuse, psychological forms of domestic violence actually can actually be more damaging. The abuser maintains control in the relationship through constant intimidation and fear of actual physical violence, destruction of the victim’s property, harmful behavior towards their pets, and other forms of fear-inductive behavior.

Stalking & cyberstalking

Whether in real life or through the use of the internet and social media, stalking is also a type of domestic abuse. Stalking includes spying, harassing, watching, sending unwanted gifts, phoning the victim, leaving messages, and appearing at the victim’s location before consent.

Who is San Diego’s leading domestic violence attorney?

If you’re facing untrue and unsubstantiated domestic violence charges, there are several things you should do. First, you have to thoroughly prepare for your domestic violence application hearing. You should also consider finding legal representation, as there are many benefits of hiring an experienced domestic violence lawyer. However, make sure to ask your potential lawyer the right questions to ensure they’re the experts for the job.

Or you can make it easy on yourself and immediately hire the most qualified domestic violence defense attorney in San Diego – Vik Monder of Monder Criminal Lawyer Group. Vik has years of experience helping clients successfully refute their domestic violence charges, and he is here to help you out too. Monder offices are located very near Petco Park, so you will easily find them for your free consultation. Give us a call today!

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What Are the Alternatives to the Drug Diversion Program?

Drug diversion is a program that allows first-time drug offenders to avoid the criminal justice system and join a program that enables them to undergo education and rehabilitation. However, some people might not want to hire a drug diversion lawyer in San Diego and would prefer to explore the alternatives to the program of drug diversion.

If you’re not satisfied with drug diversion and everything it entails, and would like to go another route, it’s vital to be familiar with your options besides drug diversion. Let’s explore the alternatives to this program.

What are other options besides drug diversion?

If you do not want to undergo the drug diversion program for any reason, you should inspect the potential alternatives to this process. Here’s an overview of different programs you might be eligible for and that could be better suited for your particular situation and needs.

Proposition 36

California Proposition 36, or Prop. 36 as it’s more commonly known, is defined by sections 1210 and 1210.1 in the Penal Code. This is also a drug diversion program, but different from PC 1000 in these four aspects:

• PC 1000 can be applied to a greater variety of drug-related offenses and crimes
• Prop. 36 requires the defendant to plead guilty to the crime, upon which they are put on formal probation and become subject to other terms and conditions.
• Defendants eligible for Prop. 36 become automatically sentenced by under the provisions, while judges retain certain discretions in Penal Code 1000 diversions.
• After pretrial diversion, charges are dismissed automatically, while Proposition 36 requires the judge to determine  the dismissal of charges.

California drug court

The California drug court is another type of drug diversion that is similar to PC 100, but it is reserved for those defendants who have public defenders representing them. Similarly, successfully completing the California drug court will also result in dismissed charges. Here’s what it entails:

• Graduated rewards and sanctions
• Group and individual therapy
• Regular urinalysis testing
• Close supervision and monitoring of progress
• Vocational or education counseling where appropriate
• Other requirements agreed between the judge or their designee and the defender

LA County drug court program

The drug court program by Los Angeles County was launched in 1994 to provide treatment and not time in jail to non-violent individuals with a history of chronic substance abuse. This program consists of twelve drug courts, two juvenile courts, and several other specialized programs.

This program functions on a collaborative and non-adversarial basis between probation offices, defense lawyers, prosecutors, and judicial officers. The recovery and treatment services are according to the offender’s particular treatment needs and the severity of their addiction.

70% of all the graduates from the Los Angeles County Drug Court Program remain without conviction in the five years upon their graduation. This percentage of rehabilitation is significantly higher than that of individuals who were not part of similar programs.

Military diversion

Military diversion is a form of drug diversion but only for active-duty personnel and veterans of the armed forces. This program allows judges to postpone misdemeanor proceedings while the defendant proceeds to obtain treatment for different types of mental health problems and substance abuse. Upon successfully completing the program all charges are dropped and the arrest is deemed to have not occurred.

Mental health diversion

The state of California allows individuals with mental health disorders to receive treatment when charged with a crime. This type of diversion also allows all charges to be dismissed and the record becomes sealed for the majority of purposes. The mental conditions that allow the defendant to qualify include:

• PTSD
• Schizoaffective disorder
• Schizophrenia
• Bipolar disorder

Who is the leading drug diversion lawyer in San Diego?

Getting in legal trouble for being caught in possession of controlled substances can cause different types of problems. That is why you should do your best to ensure adequate legal representation. A seasoned drug diversion lawyer from San Diego will give you additional information on drug diversion, help you understand the referral process better, and explain all the vital details about the process of drug diversion. But, which lawyer do you hire?

If you’re in San Diego, or anywhere near this city, there is only one attorney to turn to – Vik Monder of Monder Criminal Lawyer Group. Vik is an expert drug diversion lawyer with a dedicated team at his side. Together, they will help you with your drug diversion case. Our offices are conveniently located near Embarcadero Marina Park South, so you’ll have no trouble finding our offices. Give us a call today and schedule a free consultation.

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Drug Diversion Treatment Program: What Is It Like?

Drug diversion is a legal concept that involves diverting first-time offenders involved in illegal possession of a controlled substance away from the criminal justice system to a rehabilitation and education program.

However, there are many details about the process itself and the required actions the defendant is required to take you should be familiar with. It’s best to contact San Diego’s experienced drug diversion lawyers to explain these details to you. But, let’s take a look at some of the most important aspects in the drug diversion process.

What is the drug treatment program like?

The drug diversion program, besides determining your eligibility, consists of several processes, including drug treatment and regular testing. It’s important to be familiar with the details of drug diversion treatment program in order to know what to expect from it and prepare for all it entails.

Drug treatment providers the defendant can use

The drug diversion programs have to be either:

• Programs that are certified by the administrator of the county drug program pursuant to the Chapter 1.5 of Title 8 of the California PC
• Programs that that have been deemed credible by the administrator and that are free for the participant

The defendant has the right to attend a program in the county of their choosing if the program meets the necessary criteria.

Duration of the drug treatment

Pretrial diversion under California Penal Code 1000 lasts anywhere between twelve and eighteen months. However, the court reserves the right to allow an additional amount of time for completion if there is a showing of good cause.

Pretrial diversion drug testing

Yes, defendants are generally required to undergo regular drug testing procedures by urinalysis during drug diversion programs. On the other hand, the results gained during such testing are only eligible for measuring the defendant’s compliance with the requirements of the program. If an individual fails a drug test, they cannot be additionally charged with new offenses. The consequence can only be the termination of the program.

Costs of drug diversion

Yes, the court requires the defendant to pay a diversion restitution fee. This covers reasonable costs of a plea-investigation report or probation supervision. This fee will not be less than $100, and more than $1,000. The court determines the exact amount while taking the following factors into account:

• The ability of the defendant to pay
• The severity of the offense
• The extent of suffering sustained by other persons involved

Narcotic medication during drug diversion

Individuals who are in the program of drug diversion are allowed to use narcotic medication if following directions from their licensed healthcare provider. These medications include LAAM, buprenorphine, methadone, and other narcotic medication. Using these substances in accordance with the program cannot serve as grounds for termination the participation in the process.

Terminating drug diversion before completion

Yes, the drug diversion program can be terminated if:

• The defendant does not obtain drug treatment or doesn’t comply with the rules of the program.
• The defendant becomes convicted of a felony.
• The defendant becomes convicted of any offense that illustrates a tendency for violence.

Which San Diego’s reputable drug diversion lawyer should I hire?

If you’re finding yourself in trouble for possession of a controlled substance in San Diego or anywhere else in California, it’s essential to first ensure proper legal representation. Hiring an experienced attorney will allow you to gain better knowledge on drug diversion, begin understanding the referral process, and potentially find out more about the alternatives to drug diversion. In order for your drug diversion to be a success, you need to learn more about it.

That is exactly what Monder Criminal Lawyer Group is here to help you with.

Vik Monder is the leading criminal and drug defense mind in San Diego and the surrounding areas. He has assembled a team of experienced and dedicated drug diversion lawyers who will help you learn all the details about drug diversion, and provide the necessary legal counsel and representation. You can find our offices near Petco Park. Schedule an appointment today!

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Drug Diversion: What Is the Referral Process Like?

Drug diversion is a legal opportunity for certain categories of first-time drug offenders that offers several benefits through California Penal Code 1000. However, in order to reap any of those benefits, you first have to learn more about the referral process for drug diversion and find out whether or not you will be able to receive a referral.

If you’re looking for the most reliable first-hand information, then you should definitely contact an experienced drug diversion attorney in San Diego, CA and ask any questions regarding drug diversion you might have. But, if you’d like to go to the consultation prepared, take a look at the basics of drug diversion referral procedure.

How do defendants receive referral for drug diversion?

When it comes to being deemed eligible to receive drug diversion under California Penal Code 1000, there are several procedures the defendant has to undergo. While drug diversion is extremely beneficial to first-time drug offenders, it is a complex process that requires extensive knowledge about PC 1000.

That is why it is advisable to consult a defense attorney before proceeding. However, it is also worth taking a closer look into what the process generally entails, and be as prepared as possible for it.

Prosecutor’s notice

First, the prosecutor will write a notification regarding the defendant’s potential eligibility for the drug diversion program. This notification most commonly includes:

• Complete description of the procedures involving the pretrial diversion.
• Explanation of the authorities and the roles of the court, the program, the prosecution, and the probation department.
• A statement that dictates that the defendant must do the following to get a chance for drug diversion:
  • Make a plea of not guilty on all the charges
  • Waive all rights to a trial by jury, a speedy hearing, and a speedy trial
• Information that indicates all charges against the defendant will be dropped upon successfully completing the drug treatment program.
• Statement indicating that drug diversion can be terminated if the defendant fails to abide by all the requirements of the program.
• Explanation of all the rights the defendant has regarding their criminal record disposition and retention.

Probation officer investigation

Upon receiving the notice from the prosecutor, the court will schedule a hearing in order to determine if the defendant can be deemed eligible for drug diversion. Before reaching the decision, the court has the ability to grant the probation department right to investigate the case of the defendant. The probation offices will likely take the following aspects into account:

• Age
• Service and employment records
• Education
• Family and community ties
• Prior use of controlled substances
• History of treatment
• Demonstrable motivation
• Additional mitigating factors

Final determinations

At the end, the probation department advises the court whether or not the defendant would benefit from the drug diversion program. If so, the court makes the final determination on the type of treatment, education, and rehabilitation would be most appropriate for the defendant.

What happens if a defendant does not want a diversion?

Should the defendant refuse to become part of the drug treatment program, or if the court decides that drug diversion would not be appropriate, the original drug case continues. The defendant will preserve their rights to a speedy trial, speedy pretrial motions, and a trial by jury.

Which drug diversion attorney in San Diego can help me out?

When you’re in any kind of trouble with drugs, you first need to understand that you are potentially facing very serious problems. That is why you need to strongly consider hiring proper legal assistance. An expert drug diversion lawyer will help you understand the basics of drug diversion, ensure you receive information on the drug treatment process, and give you explanations on the alternatives to drug diversion programs. But, which attorney do you hire to help you out with your drug case?

There’s only one name that immediately springs into mind, and that’s Monder Criminal Lawyer Group. Vik Monder is an experienced drug diversion attorney with a team of knowledgeable lawyers helping him in every case. The entire team will be at your side throughout the entire procedure. If you would like to visit our offices, we’re very near the Maritime Museum of San Diego. You have different options for financing your legal defense. Reach out to us today!

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PC 1000 Drug Diversion: What Is It & What Are the Requirements

The California Penal Code 1000 refers to the specific information regarding the drug diversion program. It is one of the programs that allows certain categories of individuals involved in several types of drug offenses to undergo a drug diversion program and alleviate their punishment for drug-related crimes.

However, in order to take full advantage of the relief drug diversion offers, it’s best to consult a San Diego’ expert drug diversion attorney and inquire about the most important facts about the drug diversion program. However, before you start looking for a lawyer, take a look at the brief overview of the important information on drug diversion.

What is drug diversion under Penal Code 1000?

For example, imagine finding yourself in a situation where a police officer pulls you over, searches your vehicle, and ends up finding a controlled substance you are not authorized to possess. If you have a couple of misdemeanors but no drug-related charges, or it’s your first offense, it’s normal that you want to do all you can to avoid a criminal record.

This is exactly what drug diversion, or diversion under California Penal Code 1000 enables. It offers a chance for the non-violent first-time offenders a deferred entry into the judgement program. Instead of facing a conviction, you will get an opportunity to attend rehabilitation through education and treatment.

If you complete the program successfully, all charges made against you will be dismissed, and you will avoid having a criminal record. This is why it is always advisable to take advantage of the drug diversion law.

Who is eligible for drug diversion in California?

Not all individuals accused for illegal possession of a controlled substance can take advantage of the California Penal Code 1000 Drug Diversion. There are different requirements that the defendant has to meet in order to divert judgement and gain the ability to undergo a treatment and education program. All of the following must apply:

• There are no prior felony convictions five years before the commission of the offense.
• There has been no termination or successful completion of the drug diversion program five years prior to the current charge.
• There is no indication of the defendant’s prior parole or probation was revoked without being completed.
• There exists no evidence of other narcotics-related violations concerning restricted drugs from the PC 1000 list.
• There was no threatened or actual violence perpetrated by the defendant during this offense.
• There are no prior convictions regarding controlled substances.

What drugs does Penal Code 1000 cover?

Not all drugs are covered by California PC 1000. The drugs that PC 1000 does cover are:

• Prescription opioids, for example hydrocodone and codeine
• Some hallucinogenic substances, for example PCP
• Marijuana
• Methamphetamines
• Ketamine
• Ecstasy
• GHB, or gamma-hydroxybutyric acid
• Peyote
• Heroin
• Cocaine

Who is San Diego’s leading drug diversion attorney to contact?

If you’re facing legal charges for illegal possession of controlled substances in San Diego or the rest of California, it’s vital for you to find adequate legal representation. An experienced attorney will help you understand the referral process for drug diversion, they will explain the treatment program after drug diversion, and provide you with alternatives to the process of drug diversion. You have to know all of your options if you want to make a successful diversion claim.

If you’re struggling to find such legal representation, then you’ve probably never heard of Monder Criminal Lawyer Group. Vik Monder has assembled a team of brilliant legal minds that have the knowledge and the experience necessary to first explain everything about drug diversion, and then provide comprehensive legal assistance. We’re conveniently located in the vicinity of Waterfront Park, so you will have no trouble finding us. We also accept Bitconig as a method of payment. Contact us today!

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6 Most Common Questions About Gun Control

Individuals have many questions about gun control, and many of them concern certain topics, including what constitutes illegal possession of weapons, who is allowed to carry a firearm in California, and what the Gun Control Act specifically states.  Answers to these questions usually require help from a qualified and experienced illegal possession of weapons criminal lawyer in San Diego.

It’s usually best to try and find answers to any legal questions you might have from a reputable source. However, you can also take a look at the list of the most common questions about gun control and see if the answers to some of your questions might be there.

What are the usual questions about gun control?

When it comes to gun control, there are some matters people usually don’t know a lot about. Also, there are some details of gun control people don’t completely understand. Let’s take a closer look into the most frequent questions individuals ask about gun control.

What is the minimum age?

The Gun Control Act of 1968 clearly defines the legal age of individuals that can be allowed to carry firearms. Only persons older than 18 years can purchase rifles, shotguns, and ammunition. Individuals older than 21 can buy other types of firearms, including handguns.

Does the state or federal government regulate guns?

According to the Second Amendment, individuals are allowed to keep and bear arms. Even though it is local and state governments that regulate if individuals are allowed to carry firearms in public, federal laws regulate who may or may not possess certain types of firearms.

Who is allowed to sell firearms?

Only individuals who are over the legal age of 21 and who have obtained the Federal Firearms License can sell firearms. However, they also need to have adequate premises for conducting business, and they have to notify the local police department when they submit their application to the federal bureau in charge of firearms regulation. The same regulations apply for online firearm-selling businesses.

Is it required to undergo a background check to buy a firearm?

Yes, it is a requirement to undergo a stringent background check if you want to purchase a firearm. Individuals interested in purchasing a firearm must fill out an ATF 4473, which is a federal form that checks potential prior convictions and other irregularities.

Based on the details of the form, the holder of the FFL (Federal Firearms License) is able to go online and find out whether he should sell a firearm to said individual or not.

Are permits required to purchase firearms?

Only about a dozen states require permits for firearms purchases. Within those states, Hawaii, Connecticut, and California require permits if an individual is looking to purchase a shotgun or a rifle. More specifically, state law in California requires individuals to enroll in a gun safety class and pass a written test in order to qualify for a firearm purchase.

Are there permits for carrying firearms?

The majority of states do require firearm-carrying permits. However, the la on open carry and concealed carry vary from state to state, with some allowing resident to open carry handguns without any additional permits.

Who is the best illegal possession of weapons criminal lawyer in San Diego, CA to help me?

Illegal weapon possession is a serious matter that is complicated to navigate, as there are numerous details of the Gun Control Act you need to be familiar with. You also need to have ample criminal law experience in order to gain the necessary advantage in the courtroom. So, unless you have legal training and previous litigation experience, it’s best to try and find a reputable criminal defense attorney in San Diego to help you with your case.

Vik Monder of the Monder Criminal Lawyer Group is an experienced, dependable, and qualified illegal possession of weapons criminal lawyer that will be there to assist you during your trial and ensure you receive a favorable outcome. We accept multiple payment options, so we are sure you will be able to pay for the service you receive. We’re located near Pacific Beach, so you’ll have no trouble finding our office. Contact us today!

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Gun Control Act: What Does It State?

The Gun Control Act contains many specific pieces of information concerning the specific illegal possession of firearms, including who is and isn’t allowed to carry a weapon in California. That is why it’s very important to learn more about the Gun Control Act and know what the staples of illegal weapon possession are.

You can also choose to contact a San Diego’s experienced illegal possession of weapons lawyer and ask any questions about gun control you might have. However, before you do that, first take a look at all the minutiae on gun control and what it stipulates.

What is the Gun Control Act?

The Gun Control Act is a federal law that came into existence in the United States of America in 1968. It is a law that is used to regulate the ownership of firearms, as well as the firearms industry in the USA. However, because of certain constitutional limitations, the Gun Control Act is based primarily on the regulation of interstate firearms commerce by prohibiting interstate transfer of firearms by persons other than manufacturers.

The Gun Control Act became active on October 22, 1968, and was signed by the 36th president of the United States of America – Lyndon Baines Johnson. The relatively swift passage of the GCA was prompted by the assasination of president John Fitzgerald Kennedy in November 193.

What does the Gun Control Act say?

The Gun Control Act first banned interstate shipments of different types of ammunition and firearms to various private individuals, as well as prohibited selling firearms to mentally-impaired persons, convicted felons, as well as drug addicts and underage children.

Additionally, the GCA also states who is allowed to import firearms and who can manufacture firearms, allowing only licensed manufacturers, importers, and dealers to conduct transfer of firearms between the states.

Who is prohibited to carry a weapon under the Gun Control Act?

The Gun Control Act clearly and in great detail lists all the categories of individuals who are prohibited to carry firearms. The GCA does not allow ownership or possession of firearms to following individuals:

• Felons convicted in federal or state courts
• Fugitives from justice
• Individuals who use or are addicted to a controlled substance
• Individuals who are mentally ill or who have been mentally institutionalized
• Persons who were dishonorably discharged from the US Armed Forces
• Illegal citizens or individuals that possess a nonimmigrant visa
• Individuals who have denounced citizenship of the USA
• Persons who have a restraining order
• Individuals who have been convicted of a misdemeanor or domestic violence

However, even if the individual in possession of a firearm has the privilege to do so, they are restricted from enacting that privilege at the following locations:

• Churches
• Airports
• Campuses
• Schools
• Government buildings

What weapons are prohibited under the Gun Control Act?

The Gun Control Act not only prohibits certain categories of individuals from carrying and possessing firearms, but it also states which classes of firearms are illegal to own and carry:

• Switchblades
• Stilettos
• Illegal knives
• Bombs
• Explosives
• Sawed-off shotguns
• Machine guns
• All firearms that are illegal for civilians

Which San Diego attorney can help with my illegal possession of weapons charge?

If you’re being charged with illegal possession of a firearm in San Diego, it is always wise to ensure you receive the best possible legal representation, even if you are familiar with all the details of the Gun Control Act. Gun control laws are complex and complicated, especially for those not legally educated, which is why you should look for an educated and experienced criminal defense lawyer to help you out.

Luckily, Vik Monder of the Monder Criminal Lawyer Group is always on your side and is here to assist you with all the legal difficulties you might be facing due to illegally possessing a firearm. Vik Monder is an expert criminal defense lawyer who will be right there alongside you during the entirety of your case. We accept different types of payment methods, so you should have no trouble financing your defense. You can find our offices near Petco Park, Contact us today and let’s see how we can help you out.

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Weapon Laws in California: Who Can & Cannot Carry a Weapon?

It’s always a good idea to find out more about the specific weapon laws of the state you’re currently situated in, especially if you find yourself in legal trouble due to committing a violation concerning illegal possession of weapons. You need to learn about what illegal weapon possession entails, but also get a bit more into the specifics.

For example, you should seriously consider hiring an expert criminal defense attorney and inquire about the facts of the Gun Control Act in order to learn more about what the Gun Control Act states and prepare for your case as thoroughly as possible. However, let us first take a look at what the law of California dictates regarding illegal weapon possession.

Who can carry a weapon in California?

The Second Amendment to the Constitution of the United States gives individuals explicit rights to carry arms. That is why it is often noted that the ability to carry a weapon is a liberty granted by the Constitution.

When it comes to the state of California, the law dictates that the majority of adults over the age of 21 are legally allowed to buy a firearm, own it, and possess it in the broadest meaning of the legal term that allows possession of a firearm.

However, the law also dictates that all Californians older than the legal age of 21 are required to obtain a Firearm Safety Certificate in order to be allowed to legally purchase and keep a firearm in their possession.

Who is prohibited from carrying a weapon in California?

On the other hand, there are some categories of individuals that are strictly prohibited from carrying firearms and other types of weapons in the state of California. The following is a list of people not allowed to carry weapons:

• Individuals under the age of 18 are not allowed to carry firearms, but they are allowed to legally own a BB gun with parental consent.
• Individuals who are afflicted by different mental illnesses.
• Persons who have been convicted of certain misdemeanors, usually crimes of domestic violence.
• People who have two convictions under Section 417 of the Penal Code.
• Individuals who are addicted to different types of narcotics.
• Persons who have been found guilty of felonies.

Who is allowed to carry a concealed weapon in California?

Section 25400 of the Penal Code states that it is a crime to carry a concealed weapon on a person. But, this statute doesn’t apply if the individual in question possesses a CCW, or a concealed carry permit that allows them to carry a concealed weapon.

What is a concealed carry permit?

A CCW, or a concealed carry permit, is the only way an individual can become legally allowed to be in possession of a concealed weapon. The only persons able to issue a concealed carry permit are the head of a municipal police department or a county sheriff.

If an individual is looking to obtain a concealed carry permit, they have to prove the following information:

• They are of excellent moral character.
• They have a solid cause on behalf of the individual or a family member being in immediate danger.
• They meet special requirements concerning residency.
• They have attended a necessary course regarding firearms training.

Assuming the following criteria are met, an individual will receive a CCW that allows them to carry concealed weapons. However, the requirement for said individual to behave in accordance with the terms and conditions outlined in the CCW is mandatory!

Which lawyer can help me with my illegal possession of weapons case?

Illegal possession of weapons can quickly become a complicated legal process, especially if the circumstances of your infringement of the law are not as favorable as you would like. That is why you should be quick to secure adequate legal protection and representation for your case and contact expert criminal defense attorney Vik Monder of Monder Criminal Lawyer Group. We have set up our offices near the Balboa Stadium, so you should easily locate us if necessary.

Vik Monder is an experienced and qualified criminal defense lawyer who always goes above and beyond the call of duty to help his clients reach a favorable outcome in their illegal weapon possession case. Vik is there for you through it all. And, with different payment options, including Bitcon, Monder Criminal Lawyer group ensures you are able to pay for our services the way that suits you best. Contact us today!

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Illegal Possession of Weapons: What Is It?

Depending on the circumstances, illegal possession of a weapon can become a serious legal issue. The Gun Control Act clearly states different aspects of weapon possession, but there are also differences between gun possession laws depending on the state in questions.

That is why it’s always important to be familiar with the facts on gun control, and hire an experienced illegal possession of weapons criminal lawyer for your case in San Diego. But first, let’s take a closer look into what illegal possession of weapons is and what the different categories of this crime are.

What is illegal possession of a firearm?

Illegal possession of a firearm is, in the simplest term, unlawful possession of a certain weapon on behalf of an individual. While the freedom to keep and bear firearms is a liberty protected by the constitution, there are limitations in all of the states on which weapons an individual is allowed to possess or carry in a certain situation.

Any person who is in possession of a weapon that is prohibited either by federal or state law is violating those laws and is liable to be charged with possessing a prohibited weapon. That being said, it is worth differentiating between the two important terms of weapons and possession, but to also note exceptions to these laws.

• Weapons: It is common for state laws to list all the different types of weapons, including firearms, that are not allowed. While laws can differ between states, the types of prohibited weapons tend to largely remain similar. Citizens are usually prohibited from possessing weapons prohibited by federal laws, as well as explosives, switchblades, brass knuckles, and other weapons.
• Possession: Possession refers to the fact that an individual has a weapon either in their current possession, in their vehicle, or at their home. It is not necessary for a person to actually have the weapon on their person for possession of an illegal weapon to be enacted.
• Exceptons: There are multiple exceptions that allow individuals to carry prohibited weapons in certain situations. For example, people are allowed to display prohibited weapons during public exhibitions or in museums.

What are the different categories of criminal weapon possession?

There are four main subcategories of criminal possession of a weapon that differ based on certain criteria. Usually, most of illegal weapon possessions fall into one or more of the following categories:

• Simple possession: There are weapons prohibited for all forms of private ownership, so individuals are not allowed to keep them under secure conditions in their homes. These typically involve military-grade weapons, such as machine guns, bombs, nuclear devices, and other weapons.
• Carrying concealed weapons: There are restrictions on being able to carry certain firearms and other weapons in a concealed manner.
• Carrying in plain sight: There are jurisdictions that consider the act of overtly carrying a certain weapon for everybody to see a direct violation of the law.
• Carrying on the person: This restriction prohibits any carrying of weapons, hidden or not.

Which criminal lawyer can help with my illegal possession of weapons problem in San Diego?

If you’re experiencing legal difficulties due to potentially illegally carrying a weapon in San Diego, you need to first learn more about what constitutes illegal possession and which precise category you fall into. However, laws regarding illegal possession of firearms can get a bit complicated to comprehend, which is why you need help from a proficient criminal defense lawyer.

Luckily, Vik Monder of Monder Criminal Lawyer Group is always here to help you with the proceedings regarding illegal possession of a weapon. Vik Monder is an expert criminal defense attorney who will be there to assist you with your case every step of the way. What’s more, we offer different types of payment options and you will be able to easily finance your legal representation. We’re conveniently located near San Diego City College, so you’ll have no trouble finding our offices. Contact us today!