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Probation: What Are the Conditions & What Happens if You Violate Them?

To know the conditions of your probation and the repercussions if you violate it is one of the most important aspects of informing yourself on the different types of standard probation. However, you should not stop there, as there are other important details you need to pay attention to when learning about probation.

You need to learn more about how AB 1950 changes the rules of probation, as well as how deferred probation is different from regular probation. If you experience any difficulties getting to grips with the nuances of probation, you can always consult a San Diego’s reputable post-conviction attorney. But, first take a look at what could happen if you violate your probation. 

What are specific conditions of probation?

When placed on probation, individuals found guilty of a certain crime have to follow a series of rules and conditions that will allow them to remain outside of jail. Here are the most common conditions of probation the majority of offenders have to comply with.

• Paying fees: Commonly, individuals on probation are required to settle various probation fees. They can also be requested to pay other fees, such as fees to the victim’s fund or paying the victim restitution for their crime. 
• Abstaining from using alcohol or drugs: Individuals on probation usually mustn’t take any alcohol or any drugs. This is common even if the crime itself had nothing to do with drugs or alcohol. The probation officer is permitted to test the individual for alcohol or drug use. 
• Attending alcohol or drug treatment or rehab: If alcohol or drugs were contributing factors during the criminal activity, the court will most likely require the individual to attend some sort of treatment or counseling program. The probation officer provides the evaluation of the necessity for such services. 
• Maintaining employment: Sometimes, a probation requirement is to secure gainful employment and maintain it during the duration of the probation period. 
• Permit visits: The individual placed on probation will most likely have to permit their probation officer to visit them on a regular basis in order to check if the individual is complying with all the probation requirements accordingly. 
• Completing sex offender treatment: If an individual is charged with a sex crime, or if the individual has a history of such crimes, it is mandatory for them to undergo a treatment program for sex offenders. 
• Completing mental health evaluation: Sometimes, and depending on the crime committed, the individual on probation will have to complete a mental health evaluation program. 
• Obeying all laws: Finally, without taking into account other specific conditions of an individual’s probation, every person on probation has to obey all the federal, state, and city laws. 

What happens if you violate your probation for the first time?

When it comes to violating probation for the first time, there are several potential outcomes and consequences you might face. Let’s take a look at what you risk happening to you, even if it’s your first time violating a probation sentence: 

• Warning: If the violation is just a mistake or a minor infringement, there is a good chance you will only receive a warning. The probation officer can even decide not to report the situation and handle it on their own. 
• Court appearance: The probation officer can request you to appear in the court of law, and this might signal the possibility of receiving a more stringent penalty, or jail time. You have to show up at court, otherwise a warrant for your arrest will be issued.
• Court hearing: The judge will grant you the opportunity to have your side of the story heard, and you can explain you have chosen to violate your probation in the first place. 
• Sentence: The most probable sentence from the judge is an extension of probation for first-time violators. Also, the judge can request you to put in more community service hours, or enroll into a rehabilitation program. 

Who is San Diego’s foremost post-conviction attorney?

Being familiar with the specific conditions of a probation and the consequences of violating those conditions is essential for ensuring you’re behaving appropriately during this difficult period. If you’re ever in doubt about the terms of probation, you can always turn to Monder Criminal Lawyer Group and get all the answers you need. 

Vik Monder has a team of exceptional legal minds who are familiar with all the nuances concerning the conditions of probation. You can contact us per your convenience, or find us near Pacific Beach. We’re here to help you with any legal difficulties you might have. Get in touch today!

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What Are the Characteristics of Deferred Probation?

There are certain differences between deferred and regular probation, and you should be aware of what they are. This is just as important as being familiar with what changes AB 1950 brings into the probation system, as well as knowing more about the different types of probation and what could happen if you violate the terms of your probation.

However, the characteristics and the conditions of deferred probation can sometimes prove unfamiliar to individuals, which is why we’re here to help you get more information on them. Before contacting a seasoned post-conviction attorney in San Diego to explain what deferred probation is, try reading this article first. 

What does deferred probation mean?

The full name for deferred probation is deferred adjudication probation, and the basic principle behind it is that it enables the defendant to receive a second chance for avoiding a final conviction. This is the simplest way to explain deferred probation.

When choosing deferred probation, the judge postpones the motion to find the defendant guilty and “defers” the proclamation of guilt and awaits to see if the individual manages to change their unfavorable behavioral patterns. 

The most common occurrences of deferred probation originate in criminal cases involving first-time offenders. If the person goes through the period of deferred probation and stays within the guidelines, the case can go on their public record as a dismissal, not a conviction.

What’s the difference between probation and deferred probation?

The main difference between regular and deferred probation is that standard probation implies the individual has been found guilty of the charges placed against them. They are legally convicted of their crime and sentenced to an imprisonment term. 

The judge then proceeds to suspend the imposition of their sentence, but the conviction will remain. With deferred probation, there is no official sentencing, but the judge finds sufficient evidence of guilt and postpones the finding of actual guilt for a certain period of time.

Does deferred probation show up on background checks?

Although not officially a conviction, in order to receive deferred probation an individual has to first plead guilty in the court of law before the judge proceeds to defer the defendant’s probation. This means that deferred adjudication probation will show up if an individual decides to run your background check.

Do I have to disclose deferred probation when applying for a job?

While there is no legal requirement for you to disclose deferred adjudication probation when applying for a job, you should definitely consider doing so. As mentioned, deferred probation will show up on a background check, and you should not try to hide it.

It’s always best for you to disclose the necessary information yourself and elaborate on the details that lead to such a conviction. The employer cannot find out the details behind your conviction any other way, and this will help you take control of the narrative and better explain the reasons behind the events that led to your deferred probation. 

Hire the leading post-conviction attorney in San Diego!

It is important to be familiar with all the details surrounding deferred probation, as well as know how it differs from standard probation. If you want to learn more about what deferred probation is and how it can affect your life, you need to turn to the experts on the matter – experienced attorneys from Monder Criminal Lawyer Group. 

Vik Monder has a team of exceptional legal minds at his side that will help you get into the smallest details of deferred probation. We will help you learn what it is and how you should behave during this period. We’re located near Petco Park, so there should be no trouble finding our offices. Reach out to us today!

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What Are the Different Types of Probation?

Knowing about the different types of probation is the first step in getting familiar with the probation portion of criminal law in California. Only once you understand how types of probation vary can you get into the details of what deferred probation is and how specific conditions can affect your probation.

Also, AB 1950 is going to become active soon, and you should learn more about the changes it brings to the probation law. However, before contacting an expungement attorney in San Diego, let’s first see about the five different types of probation.

What are the five types of probation?

The term probation is often used as a general term to describe individuals placed on one of the five main types of probation due to a crime they have been accused and sentenced of committing. However, it is important to distinguish between five different types of probation:

• Informal probation: Informal probation, otherwise known as unsupervised probation, is a common type of probation that is mainly and commonly assigned to low-risk offenders. 

It involves an individual paying their fines and creating an agreement with the court about not committing additional crimes during their probation period. Unsupervised probation period usually lasts for twelve to eighteen months. 

• Formal probation: Formal probation is also known as supervised probation. It is a more stringent form of probation and it involves the offender having to report to their probation officer on a regular basis prescribed by the court. 

Formal probation often has strict requirements, and failure to meet them will result in immediate incarceration. There requirements include:

• 1. Attending counselling
  2. Submitting to alcohol or drug checks
  3. Making restitution payments to victims
  4. Maintaining gainful employment
• Community control: This is the strictest type of probation. Many individuals perceive community control as a jail sentence, but without actually going to jail. This probation involves the use of ankle monitors for the entire duration of the probation period. 

An ankle monitor allows monitoring of the offender’s location at any given time. What’s more, all other probation requirements als apply, such as paying fines, maintaining employment, and attending counseling. 

• Shock probation: Shock probation involves an individual being sentenced to the maximum jail or prison sentence that the law allows for the offense in question. Then, after a short period of usually thirty days, the judge will bring the offender back to and place them on a standardized supervised probation.

The logic behind shocked probation is that brief prison or jail stay will make the offender better comply with the probation regulations.

• Crime-specific probation: This type of probation requires an offender to undergo specific probation terms that pertain to the crime they committed. This can include mandatory drug tests and counselling for drug-related offenses, or placement in a public registry for sex offenders. 

What is the difference between formal and informal probation?

The main difference between a formal and an informal probation procedure is that formal probation requires supervision on behalf of the probation officer, while informal probation requires no such supervision. 

That is why formal probation is associated with more serious offenders, while informal probation is assigned to low-risk offenders usually found guilty of misdemeanors. On the other hand, formal probation is assigned to felony offenders. 

Who is the most experienced expungement attorney in San Diego?

If you’re having difficulties distinguishing the differences between the five main types of probation, you should always try to find professional legal assistance to understand the distinctions. If you’re ever in legal trouble and you need help with any part of the criminal process, know that you can always depend on the Monder Criminal Lawyer Group.

Vik Monder is an educated and experienced criminal attorney who is able to help you with all the aspects of your criminal case. He has assembled a team of qualified and knowledgeable lawyers who work in unison for all clients. We are here for you, located conveniently near the San Diego City College. Reach out to us today!

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What You Need to Know About AB1950

It is important to be familiar with the aspects of AB 1950, as it is going to bring about some vital changes into probation law in the following year. However, knowing about AB 1950 is only a single aspect of this portion of the criminal law that you need to know more about. 

You should also learn more about the five types of probation, the differences between standard probation and deferred probation, as well as what can happen if you violate probation for the first time. If you’re ever having difficulties wrapping your head around everything concerning probation, you can always turn to a San Diego’s reputable expungement attorney. But, for now, let us take a closer look at what AB 1950 is and when it becomes active. 

What is AB 1950?

In essence, AB 1950 serves as an amendment to the California State Penal Code, and it limits adult probation to the maximum of one year for all misdemeanor offenses. It also limits the probation period for felony offenses to two years. 

However, there are three major exclusions under AB 1950:

• Offenses that fall under the 667.5 section of the California Penal Code.
• Crimes against monetary property, i.e. white-collar crimes over the value of $25,000.
• Specific crimes whose probation length is proscribed by statute.

Probation has become a conduit for re-entry of individuals into the carceral system instead of being a method for reducing recidivism. AB 1950 is significant because it prevents probation periods to last longer than necessary, and allows individuals to return to their normal lives after a reasonable period of time.

Also, AB 1950 creates evidence-based limits concerning probation terms, and it also lowers taxpayer costs. This creates an opportunity for investing funds into measures proven to be effective for actually reducing recidivism and increasing public safety in California. Finally, AB 1950 will reduce the caseload of all probation officers and make their jobs manageable. 

When does AB 1950 go into effect?

All the changes AB 1950 brings will go into full effect on January 1, 2021. If you end up being convicted of a felony or a misdemeanor after this date, it is possible that AB 1950 will influence the duration of your probation and allow you a more favorable probation procedure. 

Is AB 1950 retroactive?

Currently, it is impossible to be certain on whether or not the changes that are to be brought about by AB 1950 will retroactively apply to all convictions made before January 1, 2021. It would be best to consult with your lawyer if your case fall under the following two categories:

• If you were convicted of a misdemeanor or a felony prior to January 1, 2021.
• If your case is open and will remain so until January 1, 2021.

Who is San Diego’s leading expungement attorney?

You need to know all about the changes Assembly Bill 1950 brings to the criminal justice system, more specifically to the probation laws that might directly affect your particular case. That is why you should do your best to find a reputable criminal lawyer in San Diego that can help you make more sense out of the new bill. 

You can always rely on Vik Monder of Monder Criminal Lawyer Group to help you with every single aspect of the criminal law. The team of experienced legal experts will be there for you to, whether to prepare you for the trial, be there with you in the courtroom, or help expunge your record. Our offices are located near Children’s Park and you can find us easily. We are here to make sure your outcome is favorable. Contact us today!

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Criminal Motions Hearing: What Should I Expect?

Knowing what to expect during criminal motions hearing is essential when preparing for your criminal case. It’s just as important as learning about the four categories of potential criminal defenses, knowing about the different stages of the court process, as well as being familiar with all the steps that make up the beginning of a criminal case.

The first step in preparing for criminal motions hearing should always be to consult and hire the most experienced criminal attorney in San Diego, CA who is affordable for you. Then, it’s time to take a closer look into what transpires during a criminal motions hearing. 

What happens at a criminal motions hearing?

When individuals are accused of felony offenses, there is a step during the criminal process called criminal motions hearing. This preliminary hearing is the time for the judge to reach the decision of whether the prosecution has provided enough evidence for the case to proceed to trial. 

It is paramount for you to have an experienced criminal defense lawyer at your side during the hearing. A skilled defense attorney can challenge the evidence presented by the prosecution and potentially have the charges against you dropped. Nevertheless, it’s wise to be familiar with the purpose of the criminal motions hearing.

What is the purpose behind a criminal motions hearing?

The reason for a criminal motions hearing is not for the judge to reach a decision concerning your guilt. The purpose is to ascertain whether or not the prosecution has ample evidence to justify going to trial, that is to decide if there is probable cause.

The job of the prosecutor during the criminal motions hearing is to present evidence and call forth witnesses to share their testimonies. The job of your criminal attorney is to challenge all the evidence and cross-examine every witness.

The length of the criminal motions hearings depends on the amount of evidence and the number of witnesses the prosecution presents. Sometimes, it can be over in as little as an hour, or it can last for several days. During criminal motions hearings, the judge can decide to:

• Decide there is sufficient evidence for the case to move forward.
• Determine insufficient evidence and entirely dismiss the case.
• Decide to reduce the felony to a misdemeanor in case of wobbler offenses.

What are pre-trial motions?

Pre-trial motions usually follow criminal motions hearing when the judge decides there is sufficient evidence for the charges to be raised and for the case to proceed to trial. This is the final step before the case goes to trial.

During pre-trial motions, the defense and the prosecution appear in front of a criminal court judge and present arguments concerning the inclusion or the exclusion of certain witnesses and evidence. Pre-trial motions have the purpose of setting boundaries for the trial, and allow both parties to adequately prepare for the upcoming trial.

Who is the most reputable and affordable criminal attorney in San Diego, CA?

Criminal motions hearing is one of the most important parts of the entire duration of a criminal case. You should be prepared for it, you should know what transpires during it, and you should have an experienced criminal lawyer at your side. Luckily, you can rely on Monder Criminal Lawyer Group. 

Vik Monder has worked long and hard to secure his reputation as the leading criminal defense attorney in all of San Diego. He has assembled a legal team of dedicated and experienced professionals who are here to help you through your legal troubles. We’re in the vicinity of the San Diego Air & Space Museum, so you can easily find us and stop by for a consultation. Reach out to us today!

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Criminal Cases: How Do They Begin?

The beginning of a criminal case is just as important as anything that happens afterwards. Many people focus on other vital aspects of the criminal trial process, and neglect the importance of the initial steps.

While it is paramount to know the main stages of the court process, to be familiar with the four main categories of criminal defenses, as well as learn what happens during criminal motions hearing, that doesn’t mean you should not pay attention to how your case begins. 

It’s always best to find an experienced criminal attorney in San Diego you find affordable to help you through it all, but you should also familiarize yourself with what happens at the beginning of a criminal case.

How does a criminal case begin?

The beginning of a criminal case consists of several stages. The usual first step in any criminal case is usually the police arrest report. After that, it is up to the prosecutor to decide whether to file criminal charges. 

The penultimate step before a criminal indictment involves the judge holding a preliminary hearing to decide if the prosecution possesses enough evidence for the case to go to trial. Finally, a case can go in front of a grand jury. Now, let’s take a closer look into the most important steps of a criminal trial.

• Arrest report

When the police arrest an individual they suspect of a crime, they assemble a police report and send it to the prosecutor. It is up to the prosecutor to initiate the case. The police report provides a summary of all the events that led to the arrest, and contains important details, such as witness names, locations, times, and dates.

Upon the arrest, the police offer further specificities of the crime that constitute the basis for arrest. Additionally, the police can recommend the charges for the prosecution to file. However, the final decision rests solely on the prosecution.

• Prosecutor decision

The prosecutor can decide to do one of the three things with the case:

• Decide that the case needs to be charged and file the official charging document.
• Determine that the case has to go to a grand jury to decide whether or not to file charges.
• Decide not to pursue the case further.

• Preliminary hearing

If the prosecutor determines that the case requires only a felony complaint, and not to be presented in front of a grand jury, the defendant reserves the right to have a preliminary hearing. The purpose behind the preliminary hearing is for the prosecution to present enough evidence to justify a trial.

• Grand jury

If there the case is a  felony, prosecutors can leave it to the grand jury to decide if the charges need to be filed. A grand jury is similar to a regular jury, and they are composed of random individuals. The grand jury hears the evidence and reaches the decision on whether or not to indict the suspected individual. 

Even the beginning of a criminal trial consists of several important steps that are vital to the remainder of the case. That is why you should always consult a knowledgeable criminal defense lawyer and maximize your chances of winning your case.

Who is the leading experienced & affordable criminal attorney in San Diego?

The beginning of a criminal case consists of a number of important procedures that can affect the continuation of your case. That is why you should always have a reputable criminal attorney at your side from the very beginning.

VIk Monder of Monder Criminal Lawyer Group has gained his reputation helping people successfully resolve the legal troubles they found themselves in. He and his team of knowledgeable and dedicated legal professionals will help you secure a favorable outcome in your case. We’re located near Petco Park, so you should have no trouble finding our offices for a consultation. Contact us today!

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The Court Process: the 11 Main Stages

When you’re facing criminal prosecution, being familiar with the steps in the court process is very important for adequately preparing for the trial. Also, prior to the actual beginning of your criminal trial, you should learn more about the four different categories of criminal defenses, as well as what happens during criminal motion hearings.

Finally, never start your criminal trial until you hire a qualified criminal law professional. Some people only look for an affordable criminal attorney in San Diego, CA. However, you should never think only about the finances. You have to think about their experience, knowledge, and dedication to your case. 

An experienced criminal law professional can help you with the many tricky aspects of criminal trials, be at your side to provide legal advice, and help you receive a favorable sentence. Now, let’s see what the stages of the court process that a criminal attorney will guide you through are. 

What are the stages of the court process?

There are generally 11 main stages of the court process. Although the actual number of stages can vary depending on the case in question, the following stages occur most frequently in the majority of cases.

• Investigation – Investigation is the initial part of the criminal process, during which the investigative agencies take a closer look at the crime, obtain evidence, find witnesses, and help the prosecutor understand all the details of the case.
• Charging – Upon seeing the evidence presented by the investigators, and after taking a look at all the incriminating information, the prosecutor decides to indict an individual and take the case to the grand jury.
• Hearing/arraignment – Usually on the same or the day following the arrest and charging, the defendant appears in front of a magistrate for the initial hearing. The defendant learns more about the crime, his involvement in the crime, and the judge decides whether or not the defendant will remain in prison. If the defendant goes to prison, the judge decides to set the bail.
• Discovery – This is the part of the court process where both the defense and the prosecution prepare for the trial by assessing the facts of the crime, talking to witnesses, studying the evidence, anticipating problems, developing legal strategies, etc. 
• Plea bargaining – When the Government has an extremely strong case against the defendant, they are offered a chance to plead guilty in order to avoid going to trial and to receive a reduced sentence. In case of the defendant pleading guilty, the next step is preparing for the sentencing hearing. 
• Preliminary hearing – When the defendant pleads not guilty, they must enter preliminary hearing. This is the point at which the prosecution must present enough evidence for the defendant to become officially charged for the crime. 
• Pre-trial motions – A motion is an application to the court made by the defense or the prosecution that requests certain decisions on specific issues be made before the beginning of the trial. The most common motions are:
• • Motion to Dismiss – An attempt of the defense to dismiss the case.
  • Motion to Suppress – A request that the court dismiss some evidence or statements. 
  • Motion for Change of Venue – If there is excessive news coverage of the case, the defense can request that the trial be moved to another venue.
• Trial – After months of meticulous preparation, the trial starts. The job of the prosecution is to use evidence and witnesses to prove the defendant’s culpability of the crime beyond a reasonable doubt, while the defense tries to tell their side of the story and present evidence that speaks to the contrary. The trial usually consists of the following stages:
• • Jury selection – The defense and the prosecution select adequate jurors.
  • Opening statements – The prosecution and the defense present their opening statements to the court and the jury.
  • Witness examination – The defense and the prosecution examine and cross-examine the witnesses.
  • Objection – Both sides retain the right to object to the behavior of the opposite side.
  • Closing arguments – The prosecution and the defense make their closing arguments.
  • Jury instructions – The judge informs the jury of how to do their job.
  • Jury deliberations – The jury goes into deliberation until they reach the verdict.
  • Announcement – The jury announces their verdict.
• Post-trial motions – In case the defendant is convicted of the crime, the defense can make several motions:
• • Motion for a New Trial – The defense tries to get the court to vacate the judgement and instruct a new trial.
  • Motion for Judgement of Acquittal – The court decided to allow the defendant to walk free by overthrowing the jury’s verdict.
• Sentencing – A couple of months upon being found guilty, the defendant goes back to the court for official sentencing. The judge takes various aspects of the case into consideration to determine the punishment in accordance with the maximum and minimum punishments for crimes established by the United States Sentencing Commission guidelines. 
• Appeal – Finally, if the defendant is found guilty of a crime, they can first appeal to the Circuit Court. If the appeal is denied by the Appeals Court, the defendant can try to take their case to the Supreme Court.

Which experienced & affordable criminal attorney in San Diego, CA should I hire?

When you’re preparing for a criminal trial, you want an experienced team of qualified criminal lawyers at your side through it all. Monder Criminal Lawyer Group is a team of the finest legal minds in all of San Diego.

We will help you go through everything that awaits, and we will represent your best interests in the court of law. If you find yourself in legal trouble, you should always contact Vik Monder first. We are located very near the San Diego Convention Center, so you will have no trouble finding us for a consultation. Contact us today.

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Criminal Defenses: the 4 Main Categories

If you’re looking to find out more about the four main categories of criminal defenses, it must mean that your criminal case is about to begin and that you’re doing everything you can to prepare for it. However, don’t forget to get familiar with the different stages of the court process, as well as the minutiae of criminal motion hearings.

Only once you’ve learned more about these aspects of the criminal law can you begin your trial. But not before hiring an experienced qualified legal representation. While many individuals focus on trying to find the most affordable criminal attorney in San Diego, you should focus more on knowledge and track record when choosing your lawyer. 

You cannot go through the entire process of a criminal trial all alone, nor should you. There are qualified professionals that can help you go through it. But, it still doesn’t hurt to know more about the categories of criminal defenses.

What are the four categories of criminal defenses?

Criminal courts require the jury or the judge to determine guilt beyond a reasonable doubt in order to find the defendant “guilty” for a crime. That is why criminal attorneys employ various criminal defense strategies in order to create reasonable doubt for their clients. 

When it comes to criminal cases, there are usually four major criminal defense strategies that criminal attorneys employ: innocence, constitutional violations, self-defense, and insanity. Each of these strategies has its uses in different cases, and selecting the best strategy for a case depends on the case itself, but also on the experience and the prowess of the criminal lawyer. Let’s see what the four primary categories of criminal defenses are.

Innocence

Even though pleading innocent seems like the most straightforward of defenses, you and your attorney need to do a lot more than simply take the witness stand and say you did not do it. A criminal attorney still has to spend a lot of time building a defense strategy around the claim of innocence in order to successfully bring the case to closure. 

Your attorney should search for experts and witnesses to testify, and even help find potential evidence that could point to you not being able to commit the crime. Sometimes, the defense revolves around evidence that clearly shows that another party is guilty of a crime, while at other times all you need are strong alibi witnesses.

The job of the prosecution remains the same – to prove you are guilty beyond a reasonable doubt. However, that is not your concern. You and your attorney should focus on presenting as much evidence and as many witnesses and experts that prove your innocence.

Constitutional violations

Whether you’re guilty of a crime or not, you have the right to some protections under the Constitution of the United States of America. Constitutional violations are very common in criminal trials, especially concerning the treatment of the defendants, the circumstances of the arrest, and the manner in which the evidence was collected.

A good violation of the Constitution can often get the charges completely dismissed, or it can make the prosecution agree to a certain plea bargain for a less harsh charge. Experienced criminal lawyers will immediately look for Constitutional violations, as they make an effective, powerful defense. Here are some of the most common Constitutional violations:

• Not reading the Miranda warning to the defendant during the arrest
• Illegally looking for and seizing evidence from the home or vehicle of the defendant
• Not obtaining a warrant
• Getting a coerced confession
• Breaking the chain of custody on the collected evidence

Self-Defense

Self-defense is a criminal defense category that is mostly employed in instances of battery or assault, but sometimes even murder. When pleading self-defense, the defendant claims that they caused harm or killed the victim in order to protect their own life against the violent threats of the victim. 

Although the movies depict self-defense as an easy-to-win and straightforward criminal defense, in reality successfully claiming self-defense is a lot more difficult. The defense has to prove the existence of an incredible danger or risk that justifies the defendant using excessive or lethal force.

The category of self-defense also applies to instances where the defendant was protecting his loved ones – family or friends, and even if the defendant was protecting a stranger from being harmed by the victim. The self-defense category demands thorough and detailed preparation by your attorney, as well as a good basis for such a claim to be made.

Insanity

Pleading insanity while committing a crime works in a small number of situations, and these defenses are affirmative ones, as they imply the defendant is admitting the crime but under alleviating circumstances.

When claiming insanity at the time of the crime, it is up to the criminal defense lawyer to prove beyond a reasonable doubt that it was the defendant’s mental illness that made them commit the crime. However, as simple as this may sound, the insanity defense is very hard to prove.

What makes the insanity defense difficult to prove?

In order to successfully claim the insanity defense, the criminal defense lawyer has to prove that the defendant was unable to differentiate right from wrong while committing the crime. What’s more, when using this defense strategy, the defendant’s admitting guilt. That’s what makes this criminal defense category not only difficult, but also very risky to use. 

Who is the best affordable, but experienced criminal attorney in San Diego?

When you’re in legal trouble, you need to think about hiring legal representation to help you win your case. However, you cannot break the bank either, and you’re looking for an affordable criminal lawyer to help you out? Vik Monder of Monder Criminal Lawyer Group is here for you.

We offer all our potential clients different payment methods to make sure they get the best possible legal representation that will not leave them in debt. Our offices are conveniently located in the vicinity of Pantoja Park. Contact us today and let us help you with your legal struggles. 

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How Long Do Criminal Trials Last?

Some criminal cases last longer than others, and preparing for a criminal trial means knowing for how long you’ll be involved in it. Although there are many other basic things you can do to get ready for a trial, knowing about the length of your case is no less important. 

The best way to find out more about how long your trial will last is to consult the best criminal defense attorney in San Diego. They will know all about the various stages that make up a criminal trial and how long each of the stages last. This will help you mentally prepare for the fight to come.

How long does a criminal case last?

The length of a criminal trial depends on so many different factors that it is almost impossible to determine how long a trial will last. An experienced criminal defense lawyer could make an educated estimate with sufficient information, but that still doesn’t have to be correct.

However, with so many aspects that can affect the length of a criminal trial, it does become quite difficult to provide even a rough estimate. Here are the most important factors that influence how long a criminal case might last:

1. Type of crime – The single biggest variable that affects the length of a criminal case is what type of a crime it is. Misdemeanors take less time to resolve, while felonies can take a lot longer.
2. Severity of the crime – Not all crimes that fall into the same category are equally serious. The more serious the crime committed, the longer it will take to complete a criminal trial.
3. Speed of the system – Another big factor that contributes to the duration of a criminal case is how quickly it reaches the court of law. It can take up to four or five months for a case to reach the courtroom.
4. The trial itself – Sometimes, there is little evidence to present and few witnesses to call forth. However, depending on the case, the number of witnesses and the volume of evidence increases, increasing the duration of the case.
5. Appeal – If the defendant is not satisfied with the verdict reached by the judge and the jury, they can appeal to the sentence. This will extend the length of the trial, as it is the beginning of a whole new process.

Do most criminal cases go to trial?

The vast majority of all the criminal cases never reach the courtroom. In fact, only about 10% of all the criminal cases actually go to trial. The rest of the cases either settle out of court, or the defendants plead guilty to the charges.

Most cases are resolved during the pre-trial conference when the prosecutor, the defense attorney and the judge sit down and discuss the possibility of a plea bargain. It is here that a favorable deal can usually be made both for the defense and the prosecution.

And this is why you should always try to hire adequate legal representation. It doesn’t matter if your case reaches the courtroom or not, you still need to have an experienced legal professional at your side speaking on your behalf to secure the best possible deal.

Who is the best criminal defense attorney in the San Diego area to represent me?

If you’re looking for the finest legal representation in all of San Diego, then you should only think about hiring Vik Monder. Vik is an experienced criminal defense lawyer who has worked long and hard to assemble a team of legal experts to help you win your case.

Monder Criminal Lawyer Group is here to make this difficult time easier for you. Don’t go to Mission Trail Regional Park thinking something will change once you take a break. It won’t, not until you start doing something. And the first thing you should do is contact Monder Criminal Lawyer Group. Reach out to us today!

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The 7 Stages of a Criminal Trial

Learning about the seven main stages of a criminal trial means that you’ve started the process of preparing for your criminal trial. Although not all criminal cases reach the courtroom, doing everything you can to prepare is essential for ensuring a positive outcome for your case.

Also, it’s very important to secure adequate legal representation by hiring an experienced criminal defense lawyer in San Diego. Without a knowledgeable professional at your side, your chances of securing a favorable diminish. Now, let’s see what you can expect to go through during a criminal trial.

What are the 7 stages of a criminal trial?

You have to be familiar with the seven steps of a criminal in order to do everything you can to get ready for everything that awaits. Criminal proceedings start the moment you’re arrested and finish once you hear your sentence.

As you can imagine, the entire process does get rather long and complicated, which is why it’s best to hire an experienced criminal defense attorney to guide you through it all. Here are the seven main steps of criminal trials.

Arrest and bail

All criminal cases begin when an individual commits a crime. Depending on the crime a person commits, there are three basic categories of crime:

• Citations
• Misdemeanors
• Felonies

People accused of citations and misdemeanors usually only have to pay fines, while felonies usually involve arrests, trials, and jail sentences. Once a person gets arrested, it’s time to set the bail corresponding to the crime.

Not all individuals accused of crimes are allowed bail. A bail is a temporary release of a prisoner accused of a crime upon paying a sum of money set by the court. Once the bail is settled, the accused gets to leave the prison under certain rules.

Bail procedure differs according to the type of crime, the criminal history of the suspect, the projected threat to the community, etc. The accused individual receives a court appearance date, and signs a promise in writing to appear in court on that date. 

Arraignment

The date of the court appearance set during bail is usually the first court appearance of the defendant, and it’s called an arraignment. It’s usually scheduled immediately upon being accused of a crime. The following are the main points of an arraignment:

• The defendant receives a written accusation of all the charges being made.
• The defendant makes a response concerning the charges by pleading not guilty, guilty, or no contest.
• The judge takes the time to consider any issues concerning bail.
• The judge decides on the upcoming court dates, including preliminary hearing, pre-trial conference, and the trial itself.

If you haven’t already, arraignment is the perfect time for you to hire an experienced criminal lawyer to help you win your case as quickly as possible.

Preliminary hearing

In California, the court holds preliminary hearings shortly upon filing the charges. The purpose of preliminary hearings is for the judge to decide the existence of probable cause against the defendant as a reason to hold the trial.

If the judge deems there is insufficient evidence against the defendant, the case is dismissed. However, if the judge decides there is probable cause, the case proceeds to trial. A criminal defense attorney will use preliminary hearing to get as much information and details about the case from the prosecution.

There are three most common outcomes when it comes to arraignment:

• The judge rules that the defendant has to stand trial.
• The judge reduces the defendant’s charges to a less serious offense.
• The judge dismisses the case entirely.

Pre-trial conference

The pre-trial conference serves as an opportunity where the judge, the defense attorney, and the prosecutor meet in order to discuss the possibility of a plea bargain. The two sides, the defense and the prosecution, share opinions on what a fair resolution to the case would be, considering the severity of the crime and the defendant’s criminal history.

If you’ve hired an experienced defense attorney, they will be able to make a “mitigation package” that will present the defendant’s personal situation in an attempt to convince the prosecution to agree to a plea bargain suitable for the defendant.

The mitigation package can include letters from various friends and family members, as well as reputable community leaders. Upon discussing the plea with the judge and the prosecution, the criminal defense lawyer will take the offer to the defendant to think about. It is the defendant’s own choice to deny or accept the plea bargain.

Jury trial

If the case reaches the courtroom, it’s time for a trial in front of the jury. There are several steps that make a jury trial, and it’s best to get acquainted with them early on. Needless to say, although you can represent yourself in the court of law, you should always hire legal representation.

• Approximately one hundred potential jurors arrive at the courtroom.
• The judge, the prosecution, and the defense questions the jurors to select 12 impartial individuals.
• The judge examines all the evidence in order to allow or dismiss it.
• The prosecution and the defense make opening statements.
• The prosecution calls witnesses to the stand to present the case.
• The defense has the opportunity to cross-examine all the witnesses brought forth by the prosecution.
• The defense presents its case when the prosecution finishes.
• The defense now calls forth its witnesses, and the prosecution gets the chance to cross-examine them.
• The prosecution and the defense make their closing arguments.
• The judge explains to the jurors how to do their duty as they leave the courtroom to deliberate.

Sentencing

Once the jury comes back, it’s time to read the sentence. It has to be made clear that sentencing is always a decision made solely by the judge. It doesn’t have to correlate with the decision reached by the jury, although it usually does. These are the aspects the judge takes into account when reaching a sentencing decision:

• The circumstances of the arrest and the crime
• The defendant’s criminal history
• Whether or not the defendant is a repeat offender
• The judge also considers all the mitigating and aggravating factors concerning the case.

Once the judge takes all the aspects of the case into account, he or she reaches a verdict and announces the sentence. 

Appeal

Appeals allow the defendants unhappy with the sentence to contest the decisions made by the jury and by the judge. The defense cannot make any new arguments when appealing, but can only challenge the sentence itself.

In order to start the process of making an appeal the defendant must file Notice of Appeal. Once this is done, the process continues at an appellate court of higher jurisdiction. Your criminal defense attorney will present the appellate judge with instances not handled adequately by the court, leaving it up to the judge to reach the decision of whether or not the sentencing stands.

Who is the leading criminal defense lawyer across San Diego to help me with my case?

If you’re in trouble, and you need legal representation, you will not find a finer legal mind than Vik Monder, the best criminal defense lawyer in the San Diego region. He has worked hard to assemble a capable team at Monder Criminal Lawyer Group, and they will do all in their power to secure a favorable sentence for you.

Take some time to process things, take a walk around the Cabrillo National Monument, and clear your head. But, once you do, immediately contact Vik Monder. The sooner you start preparing for your case, the better. Contact us today!