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The Difference Between Criminal Court and Civil Court

There are massive differences between criminal and civil courts. They serve different purposes, depending on the aspect of the law. Similarly, there are different types of criminal lawyers and various jobs these criminal lawyers do. 

In fact, there are many things to know about criminal lawyers, a lot more than you would initially think. But, we digress. If you’re looking to find out about the differences between criminal and civil courts, you don’t have to consult a defense attorney in San Diego, CA. All you need to do is keep reading!

What is the difference between criminal and civil cases?

As you might have guessed, there are quite a few differences between criminal and civil cases in the Southern District of California Department of Justice. Let’s see if we can break down the biggest ones:

1. The start – In civil cases, the person who claims to have suffered damages takes that claim to court and demands a compensation that usually comes in the form of money.

On the other hand, in criminal cases, it is the government, i.e. the prosecution, who takes the case against the accused individual to court, not the victim, and it is usually not for monetary gains.

1. Representation – In civil cases, both parties – the person who is taking the case to court, as well as the person who is being sued, can hire legal representation, but they do not have to.

It’s a bit different in criminal cases. A lawyer is always present to represent the government, while the defendant can either choose a lawyer to represent him or her, or will be presented one by the government in case of insufficient financial means to pay one.

1. Expenses – When it comes to civil cases, the person who is taking the case to court has to pay for the expenses of just that – taking the case to court, while the person who is being sued pays for their own expenses. Finally, the person who loses has to pay for all the fees that are related to the case itself, and, in some cases, compensate all the legal fees of the other party.

Criminal cases are different – the government usually pays all the court fees and the costs of the case other than the legal fees of the accused in the case of the defendant hiring legal representation.

1. Deadlines – Those who are making a civil claim have a limited amount of time to file the claim to court. These deadlines go by the name of extinctive prescription. The deadlines are different, depending on the case.

For criminal cases there is usually no deadline when it comes to the more serious of crimes, i.e. there is usually no statute of limitation. One exception are cases which can be punishable by means of summary conviction – the deadline is a year after the crime. 

1. Evidence – In order to be found guilty, the party who has taken the case to court must prove that their story, that is, their account of the event is more realistic and probable than that of the other party.

As for criminal cases, though, the government has to convince the jury or the judge that there is evidence beyond a reasonable doubt. Should the government fail to provide ample evidence to support their claim, the defendant has to be found innocent. 

1. Sentences – Civil case sentences usually come in the form of a monetary compensation, and there can be no imprisonment unless the judge finds an individual in contempt. 

When it comes to criminal cases, there’s a variety of potential sentences, ranging from fines, community work, and prison time.

What are the functions of civil and criminal courts?

Criminal and civil courts are different in several major respects. However, all that boils down to these three distinct characteristics of these courts:

1. Definition of courts – Criminal courts at all the levels – federal, local, and state, have jurisdiction over all the infringements of the law that involve those activities defined as criminal, including assault, arson, theft, etc. 

Civil courts preside over individuals’ private rights. That means that civil courts are in charge of various disputes, violations, etc.

1. Burden of proof – Criminal and civil courts also function differently when it comes to establishing the burden of proof. In criminal courts, it means proving that the defendant has performed a criminal activity beyond a reasonable doubt, i.e. that there is no doubt that the accused is guilty of the crime.

Civil court proceedings are different – the plaintiff brings the case to court, and it is this person who has to prove it more likely that the defendant is responsible for the situation that has occurred. Finally, if there is sufficient burden of proof, the defendant is found liable, not guilty.

1. Legal penalties – Finally, these two courts are able to issue different types of punishments. In criminal cases, there are clear sentencing guidelines which the judge must abide by, and the sentence can include fines, probation, and incarceration.

Civil courts usually issue an order to the defendant who has been found guilty, instructing the person to pay damages to the plaintiff. Sometimes, the jury can also award the plaintiff punitive damages. 

“Where can I find the leading defense attorney in San Diego, CA?”

If you’re in legal trouble, don’t waste your time trying to relieve the stress with a visit to the San Diego Zoo. Instead, why not get some actual legal advice from the finest law firm in San Diego – Monder Criminal Lawyer Group.

Vik Monder’s team of superstar criminal defense attorneys is always hard at work trying to find the best legal solutions for our clients. We have years of experience behind us, and we do our job well. Come to our offices for a legal consultation today!

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COVID-19 Outbreak & San Diego Courts: What About Your Court Appearance?

Despite the global coronavirus outbreak, the courts remain open and your trusted criminal defense lawyer is just a call away! 

Here at Monder Criminal Lawyer Group, we will remain at your service for consultation and criminal defense during this difficult time. Our office hours will not be affected by the coronavirus situation. 

The coronavirus pandemic has left the state authorities with no choice but to take radical steps and preventative measures for the purpose of bringing outbreaks under control. In accordance with the latest state health guidelines, gathering in large crowds should be avoided unless in case of necessity. This is the only way to break the cycle and keep the virus from spreading.

Here in San Diego, the prophylactic measures have affected schools and churches, government and cultural institutions, entertainment and sports venues, restaurants, bars and coffee shops, but what about the courtrooms? 

For the time being, courtrooms throughout San Diego County will remain open. Although civil trials will be delayed for 30 days, jury duty may be postponed in some cases and some other exceptions will apply, pending court approval, it will be business as usual for the most part. 

To help contain the coronavirus from spreading, there will be added protective measures: hand sanitizing stations installed throughout most courtrooms with strict adherence to the latest cleaning and disinfection guidelines. 

But if you are facing criminal charges and have a court hearing scheduled, the COVID-19 situation might add to your concerns regarding the outcome of your case. Can the coronavirus outbreak hurt your chances of getting the best possible defense? Not if you give us a call. Criminal attorney Vik Monder and his team are here to provide you with the best defense for your case. You are not alone.

At this point, solidarity is key and we all have to act in the best interest of the whole community. As long as we all act responsibly, we can go on with our daily lives as usual. The same applies to scheduled court appearances. Individuals who experience any flu-like symptoms should contact a health provider immediately, and if scheduled to appear at court, they should contact the court beforehand.

As federal and state authorities work hard to contain the spread of Covid-19, the best we can do as individuals is take measures to protect ourselves and those around us. It’s important to raise awareness among the people around us that the actual risk of contracting the virus remains low if we follow the WHO guidelines on sanitation and health. 

This is easier said than done since panic over the situation seems to intensify by the hour, due in no small part to the effect of fake news on social networking sites and the media-fueled hysteria. We need to rely on trusted sources and authorities instead and act accordingly. In that spirit, our team here at Monder Criminal Lawyer Group will leave no room for uncertainty or doubt in your mind as to the competence and professionalism of your attorney. 

When preparing to fight your charges, we will put our best effort into building you a strong defense and providing you with the much-needed reassurance at this critical time. We’re in this together.

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Does Illegal Activity Always Equal Criminal Activity?

The line between illegal and criminal is thin. So thin, in fact, that you should ask for help with the nuances of it all. Luckily, that’s the job of a criminal defense attorney, and you should always turn to a professional when unsure about the subtleties of the law.

However, bear in mind that even when consulting with a San Diego criminal lawyer, you should look for the same qualities of a competent criminal attorney that you would when in need of professional legal representation in court. Now, let us see what is illegal, and what is criminal.

Is illegal the same as criminal?

To be completely brief and blunt no, illegal is not the same as criminal. Although these two terms seem similar, and people often use them interchangeably and incorrectly, they are in no way the same thing. 

Let us see if we can explain it a bit better. Not every illegal activity is a criminal activity, while, on the other hand, every activity that is deemed a criminal activity is always an illegal activity. For example, driving past the speed limit is an illegal activity, but it is not a criminal activity. On the other hand, committing a homicide is both a criminal activity and an illegal activity.

So, to sum up, illegal activities are all those activities that are punishable by law in a certain way. They can include various civil sanctions, but also various punishments imposed by criminal law. Criminal activities are only those activities that are punishable under criminal law.

What is considered a criminal case?

Criminal cases, according to the California Department of Justice, are all the cases that are considered violations of criminal law, and where there is an offense against the community. There are three types of criminal cases:

1. Felony – The most serious offenses, such as homicide, rape, arson, trafficking, robbery, etc.
2. Misdemeanor – These are moderate to less serious crimes, which include traffic offenses, theft, possession of a controlled substance, assault, etc. 
3. Summary offense – The least serious of all the criminal cases, and they most often result in a fine.

It is evident that, even among criminal cases, there are differences in the severity of the crime and the potential legal repercussions the defendant may be faced with. Also, it is worth knowing that almost all criminal cases are tried in front of a jury and a judge.

What is the process of a criminal case?

Now that you are familiar with what constitutes a criminal case, let us turn our attention to all the steps that make up the proceedings in a criminal case:

1. Arraignment – The defendant must first appear in court. A court official read the charges in front of a judge, and these charges are recorded formally.
2. Preliminary hearing – During preliminary hearing, the DA has to be able to provide enough evidence for the court to charge the defendant with the crime.
3. Pretrial conference – This is a hearing at the court necessary in order to resolve all the potential conflicts before the trial.
4. Plea hearing – During plea hearing, the defendant will enter a plea of not guilty or guilty. Also, the prosecution usually offers an agreement at this point.
5. Trial – During the trial, both sides present evidence to the jury or a judge, and the court determines if the defendant is guilty or innocent beyond a reasonable doubt.
6. Sentencing – The court reaches a decision of the defendant being guilty or not guilty, and, if guilty, the court decides on the penalty for the crime.
7. Appeal – The defendant has a legal right to appeal to the sentence after it has been uttered. 

“Where in San Diego can I find a criminal lawyer I can trust?”

If you’re facing criminal charges, you definitely need to think about securing the best possible legal representation for yourself. Since every cloud has a silver lining, Monder Criminal Lawyer Group is here to help you with your troubles.

Vik Monder has assembled an incredible team of experienced criminal attorneys that are dedicated towards securing a favorable sentence for every client. If you’re even near Old Town San Diego, come to our offices and schedule a consultation!

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Why Representing Yourself in Criminal Court Is a Bad Idea?

The first thing we need to get out of the way is this – representing yourself in the court of law is always a bad idea. Always. Why, you might ask?

Do you know what a criminal case is? Are you familiar with any adequate criminal defense strategies? Are you an accomplished criminal defense lawyer? If the answer to all of the questions above is not “yes”, then you definitely need to find a good criminal defense attorney in San Diego for your case. And now you’ll see why!

Can I Represent myself in a criminal case?

Yes, according to the Southern District of California Department of Justice, you can represent yourself in a criminal case should you want to do so. However, just because you would like to represent yourself, doesn’t mean that it is a good idea to do so, particularly when it comes to criminal cases.

Don’t forget that, in criminal cases, if you are unable to afford a lawyer, the court will appoint a lawyer for you. It would be extremely unwise to turn down this offer and choose to represent yourself, especially if you’re potentially facing quite severe penalties.

So, once again, you can, legally, represent yourself in the court of law, but it is extremely inadvisable for you to do so. Criminal law is a complicated field, and it is no wonder criminal lawyers spent years perfecting their craft. Always hire a lawyer, or accept a public defender if you cannot afford one.

Are there any risks if I choose to represent myself?

There are so many risks of choosing to represent yourself in court that it is virtually impossible to list them all. However, we are going to explain what the biggest risks of self-representation in the court of law are:

1. You are not able to adequately follow all the legal procedures required to successfully bring your case to trial.
2. You are unable to successfully fulfill all the technical requirements that are needed to prove your case.
3. Losing the case not only means facing an unfavorable sentence, but also paying for the costs of court fees and attorney fees of the opposing side.
4. You are either unfamiliar with or unable to meet all the legal deadlines for filing necessary documentation.
5. You are not able to clearly and eloquently present your point of view to the court of law.

These are just some of the potential risks an uneducated individual choosing to represent himself in court is facing. This is just the tip of the iceberg, but adequate illustration of what such an individual could be in for.

Why self representation in court is not recommended?

As if we cannot emphasize this enough – self representation in court is always a bad idea. Even more so if you’re facing serious criminal charges. Always look for the best criminal lawyer you can afford, as securing a favorable sentence is more important than saving a bit of money in the process.

However, there still seems to be a need to explain just why representing yourself in court is not a good idea and is in no way recommended. Here are the biggest reasons why self representation is a mistake:

1. Knowledge – You do not possess the required amount of knowledge of the law needed to win the case.
2. Complexity – The legal system is a complex machinery, and chances are you’re going to lose your way in it.
3. Mistakes – There are mistakes you can make that would render your case unable to reach the court of law in the first place.
4. Rules – There are rules and procedures you need to follow in order to try a case, and you’re probably unfamiliar with all of them.
5. Emotions – If you’re representing yourself, it is possible for your own emotions to get in the way of getting your point across properly.
6. Second chance – Or, rather, there is no second chance to do it all over again. Sure, you can appeal, but that’s another process entirely.
7. Success – That is, the lack of it. The truth is, your chances of securing a favorable sentence if you choose to represent yourself are slim to none.

“I get it, I need to find an experienced criminal attorney in San Diego!”

But you don’t know where to begin looking? Have you heard of Monder Criminal Lawyer Group? Well, you should have, as we are the leaders in criminal defense law in San Diego. Vik Monder and his incredible team of experienced criminal defense attorneys will help you win your case and walk out of the courtroom a happy man.

If you’re thinking of visiting the San Diego Museum of Art to clear your head a bit, it might be better to come to our offices for a consultation instead. We will help you!

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What Makes Someone an Accomplice?

Sometimes, becoming an accomplice to a crime can happen without you even knowing it. When it comes to the law, there always seem to be more pressing questions to answer. People want to know why they need a criminal lawyer, how to differentiate between criminal and civil law, as well as how long certain crimes “last”.

However, we feel that knowing what makes you an accomplice is just as important, as we’re going to see. One last note before getting to the point – always consider hiring a criminal defense attorney in San Diego, CA if you ever find yourself in legal trouble. Now, let’s learn about accomplicity. 

What makes you an accomplice to a crime?

The correct term for becoming an accomplice in the Southern District of California Department of Justice is “aiding and abetting a crime”. It means that an individual has provided some assistance to the person who actually committed the crime. If suspected of aiding and abetting a crime, you could be prosecuted under California Penal Code Section 31.

Here are some examples of aiding and abetting a crime, that is, being deemed an accomplice to a crime in the state of California, to clarify the matter further:

• Being a getaway driver.

• Keeping lookout while a person is committing a crime.

• Providing a false alibi for the perpetrator.

• Knowingly providing an individual with information that is going to be used to commit a crime.

• Providing assistance in rape or kidnapping.

However, we also have to clarify that becoming an accomplice in the state of California entails that you are doing so knowingly and willingly. If you’ve merely witnessed a crime, you are in no way liable and you cannot be convicted of aiding and abetting in the commission of a crime. 

How can a prosecutor prove me guilty of aiding and abetting in the commission of a crime?

If you’re accused of helping an individual commit a crime, the job of the prosecutor is to successfully demonstrate the following criteria:

1. Knowledge – The prosecutor must prove that you knew that an individual would commit a crime.
2. Intent – The prosecutor must prove that you had every intention of assisting an individual commit a crime.
3. Acting – The prosecutor must prove that you acted in such a way that promoted, aided, instigated, or encouraged a crime. 

What are some potential defenses against the charges of aiding and abetting a crime?

If you have been charged with aiding and abetting a crime, there are several defense strategies an experienced criminal defense attorney can employ:

1. Lack of participation – You did not act with the intention of encouraging, instigating, or aiding a crime. 
2. Duress – You were coerced into aiding a crime by being threatened with injury or immediate death.
3. False accusation – An individual has wrongly identified you as an accomplice.
4. No duty to act – You were present during the crime, but it wasn’t your duty to prevent it. 
5. Participation withdrawal – You changed your mind before the crime took place, and you told your partner in crime explicitly. 
6. Accessory after the fact – This defense strategy will not secure a “not guilty”, but it will lessen your sentence by claiming that you did not aid and abet a crime as it was taking place, but only after it had taken place. 

Who is the best criminal defense attorney in San Diego, CA?

If you’ve been accused of aiding and abetting a crime in California, you should find a competent criminal defense lawyer as quickly as possible. Aiding and abetting is a serious accusation, especially when it comes to serious crimes, and an experienced lawyer will help you secure a favorable sentence. 

Monder Criminal Lawyer Group employs only the top criminal attorneys in San Diego, and if anyone can help you, Vik Monder’s superstar team can. If you’re thinking of visiting the San Diego Museum of Man to clear your head a bit, visit our offices instead for a consultation!

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Statute of Limitations: Which Crimes Don’t Have It?

There are crimes with the Statute of Limitations, as well as those without it. Knowing the difference between the severity of certain crimes is just as important as hiring a lawyer for a trial, knowing the differences between civil and criminal law, and being aware of whether you’re an accomplice to a crime or not. 

The best course of action when it comes to the Statute of Limitations is certainly asking an experienced criminal attorney in San Diego County to provide you with the inside scoop, but first things first: read on for some general information. 

Do crimes expire?

Knowing whether or not crimes expire has to do with the statute of limitations of the state of California. This law states when certain crimes expire, that is, in what time period a lawsuit must be filed for it to be acceptable in the court of law. 

According to the California Department of Justice, there are crimes that “expire”, i.e. crimes which have a statute of limitations, as well as those that do not. So the answer to the question would be yes, crimes can expire.

However, it’s a bit more complicated than that. The easiest explanation would be that, depending on the severity of the crime, some crimes require the prosecutor to file a lawsuit within a shorter time period, while others, more serious crime, have a longer time period in which a prosecutor is able to file a lawsuit.

That being said, many people misinterpret this and believe that the government or an individual cannot sue them after the time period prescribed by the statute of limitations has passed. This is untrue.

The prosecutor can still file a lawsuit against you even after the statute of limitations has expired. If you end up doing nothing, you can be found guilty of the crime. You have to react with the help of a good criminal defense attorney.

Which crimes expire in the state of California?

Let’s take a look at some of the more common breaches of law which have statute of limitations:

1. Personal injury – The statute of limitations is 2 years.
2. Product liability – The statute of limitations is 2 years.
3. Wrongful death – The statute of limitations is 2 years.
4. Breach of contract in writing – The statute of limitations is 4 years.
5. Breach of oral contract – The statute of limitations is 2 years.
6. Fraud – The statute of limitations is 3 years.
7. Damage to property – The statute of limitations is 3 years.
8. Trespassing – The statute of limitations is 3 years.
9. False imprisonment – The statute of limitations is 1 year.
10. Slander – The statute of limitations is 1 year.
11. Medical malpractice – The statute of limitations is between 1 and 3 years, depending on the moment the person has discovered the injury.
12. Legal malpractice – The statute of limitations is 1 year.
13. Libel – The statute of limitations is 1 year.

Which crimes have no statute of limitations?

As you can see, there are many crimes, both civil and criminal, that have a statute of limitations. However, there are some extremely serious crimes that are without a statute of limitations. When it comes to these crimes, there is no exact time limit for the prosecution to file a lawsuit.

The following crimes are those without a statute of limitations:

• Crimes that are punishable by death.

• Crimes that can be punishable by life imprisonment in a state prison, without the possibility for parole.

• Crimes that involve embezzling public money.

As you can see, in California, a statute of limitations isn’t strictly connected to a specific crime, but rather the potential punishment a certain crime can entail.

“Where can I find the best criminal attorney in the County of San Diego?”

If you’re looking for sound legal advice on the statute of limitations, you should definitely turn to Monder Criminal Lawyer Group! Vik Monder of Monder Law is the leading criminal defense lawyer in San Diego, and he has worked hard to assemble a team of experienced and dedicated attorneys capable of tackling any challenge. We will not only advise you, we will defend you! If you’re ever visiting the Fleet Science Center, come to our office for a consultation on your way back home. 

Use the Rubik’s Cube simulator if you don’t have a real puzzle to play with. Set a random scramble and try to figure out the solution!

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Criminal and Civil Law: What Are the Differences?

There are many differences between criminal law and civil law. If deemed an accomplice, the process is entirely is different, and so is the timeframe after which crimes “expire”. However, one thing remains the same – you better get a lawyer. 

But, before you start seeking the best San Diego criminal lawyer, read our brief-but-exhaustive analysis on the many differences between civil and criminal law. 

What is the difference between criminal law and civil cases?

Civil cases and criminal cases are quite different in nature, no matter if you’re in, let’s say, Indiana, or under the auspices of the Southern District of California Department of Justice. The two processes share little to no similarities at all.

In order to shine a light on the topic, we’re going to first explain the most important aspects of civil cases, and then do the same with criminal cases, making it as easy as possible to draw clear conclusions on their differences.

What are civil cases like?

Civil cases begin when an entity (the government or a corporation) or a person – the plaintiff, raises a claim that another entity or person didn’t do their legal duty which they owed to the plaintiff. 

Bot the defendant and the plaintiff are called “litigants” or “parties” in civil cases. The plaintiff can demand that the court order the defendant to either compensate for the damage caused, fulfill the afore agreed upon duty, or both, depending on the case.

When it comes to legal duties, they include respecting all the rights described by the Constitution, or by state or federal law. Civil cases can be tried in both federal and state courts, depending on the severity of the harm done by the defendant, as well as the demands of the plaintiff. 

Most common cases involve an entity or a person suing another entity or a person for not fulfilling the terms of the contract, as well as the government taking a case to a federal court for violations of either constitutional rights or federal statutes.

What are criminal cases like?

When it comes to criminal cases, the first step is usually a formal accusation – indictment for serious crimes and felonies, or information for misdemeanors. If the crime is federan, the government of the United States of America prosecutes the defendant through the United State’s Attorney’s office, while a District Attorney (state’s attorney’s office) is in charge of state crimes.

Since the government of the United States of America officially prosecutes the crimes, it is not up to the victim of one to bring a case to court. And, in some crimes, there isn’t actually a specific victim, such as the government prosecuting an individual driving while under the influence. 

If an individual is found guilty of a crime, the court will issue a sentence depending on the severity of the crime itself, ranging from monetary penalties, supervision, imprisonment, or a combination of any of these three. 

What is the main difference between criminal law and civil law?

We would be hard pressed to name a single most significant difference between criminal law and civil law. Perhaps we could see how the Webster dictionary defines one and the other, and start from there:

• Criminal law – The law of crimes and punishments.
• Civil law – The law of private or civil rights.

However, even with these definitions you are probably left wondering what exactly are the dissimilarities between these two parts of the law, and rightly so. In order to explain just how different civil and criminal law are, we’re going to break these differences down into several categories, and explain them separately. 

1. Conduct at issue – Seeing as how the laws that you, an individual, can violate are different under civil and criminal law, the conduct at issue is different as well. For example, civil cases are usually about negligent conduct, while criminal cases usually involve intent and are generally more serious than civil cases.
2. Burden of proof – Another important distinction between criminal and civil law is what constitutes the burden of proof, i.e. what it takes to make your case and win it. 

In criminal cases the bar is higher and you need to establish “guilt beyond a reasonable doubt” in order to win the case. In civil cases, the bar is lower, and winning a case usually means meeting the preponderance of evidence, i.e. determining that there is at least 50% chance of the claims being correct.

1. Statute of limitations – In the majority of civil cases, there is a clear statute of limitations on how long you have to raise charges against a party depending on the crime committed. 

However, when it comes to the majority of serious criminal cases, such as kidnapping, murder, grand theft, or sexual assault, there is no statute of limitations, and the government can raise charges at any given time.

1. Punishment – As we’ve explained before, punishments also differ between civil and criminal law. Criminal cases most likely involve incarceration or probation, while civil cases usually involve financial penalties or an order for a change in behavior.
2. Examples – Finally, here are some clear examples of which breaches of the law fall into the category of criminal law, and which fall into the category of civil law:

• Criminal law – conspiracy, homicide, assault, controlled substance possession, obstruction of justice, etc.
• Civil law – bankruptcy, damage to property, defamation, custody disputes, breach of contract, etc.

“Who is the best criminal lawyer in San Diego to represent my case in court?”

If you’re looking for the best criminal defense attorney in San Diego, Monder Criminal Lawyer Group is where you should look! Vik Monder has created an impressive team of top-notch criminal lawyers who have plenty of experience in litigation and are prepared for any case you can throw at them. If you need to clear your head, we suggest taking a trip to the Cabrillo National Monument but making a quick stop at Monder Law on the way there and scheduling your consultation!

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Do You Have to Hire a Lawyer for a Trial?

So, you’re wondering if you need a lawyer for a trial? Our advice, straight off the bat, is go for it because every second counts. Whatever trial you might be involved in, securing the services of an experienced defense attorney should be your top priority.

When it comes to legal matters, the more you know, the better. You should understand the differences between criminal and civil law, know what it means to be an accomplice, and be aware of the applicable statute of limitations. However, as much as you learn, you still need a lawyer, and here’s why.

Do you really need a lawyer?

On the one hand, depending on the case in question, the law does not require you to hire legal representation, as we’ll see later on. However, we would strongly advise that you, at least, consider hiring an attorney, and not do it on your own.

California Department of Justice can be an extremely difficult terrain to maneuver, sometimes even for an experienced lawyer. Without one, it can become virtually impossible to do. You will need legal help, and here’s why:

1. The law – The law is complicated, and it might pose an insurmountable hurdle for anyone not familiar with the nuances.
2. Costs – Depending on the case, not hiring a lawyer can end up costing you a lot more if you don’t secure a favorable sentence.
3. Documentation – Lawyers know which documents to file, and where to do it. If you file a wrong document, miss a deadline, or fail to follow the protocol to the letter, you might end up with the sentence that doesn’t suit you.
4. Evidence – More specifically, challenging evidence. Some evidence against you may have been obtained improperly, and a good lawyer will know where to look and how to challenge that evidence.
5. Representation – Lawyers are trained to present cases, while you are probably not. An experienced legal professional will know how to best represent your case.
6. The other party – Will probably have legal representation. If you go against a lawyer on your own, chances are it’s not going to turn out good.
7. Experts – Finally, lawyers know many experts that can come and speak on your behalf, either challenging evidence, or help discover missing evidence that would work to your favor.

Can you go to trial without a lawyer?

As we’ve said before, you can go to trial without a lawyer, except for malpractice cases, cases involving construction defects, wrongful termination, administrative writs, and real estate titles.

When it comes to other cases, you can represent yourself in the court of law if you wish, you just have to request it. However, once again, we strongly urge you to hire legal representation, because the consequences of you not doing so can be severe.

But, if you’re that set on doing it all on your own, we’ll give you a couple of tips on how to prepare for the trial:

1. Read all you can about the aspects of the law that are important for your case.
2. Try to find other options, ones that will solve the case before it has to go to court.
3. Learn how to follow court procedures. You have to read the California Rules of Court and the California Code of Civil Procedures.
4. Keep a close watch on all the deadlines for filing paperwork.
5. Visit a courtroom, watch several court proceedings, and try to memorize every aspect of a trial, e.g. where parties sit, how representatives explain cases to a judge, etc.
6. Prepare copies of all the paperwork relevant to your case.
7. If you do end up going to court, try to act as professionally as you can.
8. Respect everyone involved in the proceedings, including the other party. 

“I’ve changed my mind, where can I find a good defense attorney in San Diego?”

You’ve made the right choice deciding to hire legal representation for your case. If you’re looking for an experienced and committed legal professional in San Diego, you should go to Vik Monder Criminal Lawyer Group. We have assembled a superstar team of lawyers that will do everything to secure a favorable verdict for you. If you’re ever near Old Town State Historic Park, come to our office for a consultation.

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How Do I Find a Good Criminal Defense Lawyer if I Need One?

Finding a good criminal defense lawyer is not easy, but it is definitely worth it. Asking yourself “Who is the best criminal attorney near me?” is probably the first questions you should ask yourself if there is a possibility of you being charged with a crime, or if you’ve failed to report a crime. 

You need to be aware of the job a criminal defense attorney does, and you need to know that you can get adequate help if you seek it. And, if you do want help from a qualified lawyer, you need to know how to find a good one!

Why do you need a criminal defense lawyer?

When you’re in trouble with the law, it is always advisable to hire a criminal defense lawyer to help you get your voice across. Although you can fight the California Department of Justice alone, it is rarely good to do so, and here’s why:

1. Understanding of the Judicial System – This is perhaps the most important reason why you should hire a criminal defense attorney. Simply put, they understand how the justice system works. All of it can be quite confusing in its intricacy, but not for an experienced lawyer.
2. Relationships with the Prosecution – Although they fight on the different sides of the fence, there are many instances of prosecutors and defense attorneys developing friendly relationships. If you choose a defense attorney who knows your prosecutor, you could get a better plea deal, or you can negotiate a more affordable bond. 
3. Similar cases – Chances are, your case is not the first case of its kind to fall on the desk of a criminal defense attorney. If your lawyer is an experienced one, he or she will have dealt with a case similar to yours in the past, which gives them precious knowledge to better represent your case. 
4. Protecting your future – A professional criminal defense lawyer is there to fight for your future. This means either having your case dismissed, or lessening your penalty and reducing your charges by keeping a felony out of your criminal record. Either way, you’ll have a better future with an experienced criminal defense lawyer at your side.
5. Saving money – Spending money for a good criminal defense attorney will save you a lot of money in the long run, although it is definitely counterintuitive to think so. By helping you get the best possible outcome, they will help you pay a decreased fine, or keep your job, all of which ensures you end up with more money than you could have ended up with.
6. Assessing the conduct of the law enforcement – There are legal limits to what law enforcement is allowed to do when trying to amount evidence. A criminal defense professional knows all the nuances of what is or is not allowed, which will help you secure adequate proceedings.
7. Advice – Finally, a good criminal defense attorney is able to give you sound and sincere advice on the best possible course of action in your case. Sometimes, it is preferable to go to court, while, at other times, it is better to settle. Better to know the reality of the matter than to be reassured by false promises.

How do I find the best criminal defense lawyer in San Diego, CA?

The process of finding the best criminal defense attorney in San Diego is the same as finding the best lawyer anywhere else. So, here are our top tips for finding the perfect defense lawyer to represent your case. 

1. Responsiveness – Time is always of the essence, and even more so when faced with criminal charges. That is why you need a lawyer that is willing to quickly respond to emails or phone calls, and fast to arrange meetings.
2. Speciality – Find a lawyer who specializes exclusively in criminal law. Experience is vastly important when it comes to adequately defending a client, and you can only get enough experience in criminal law by practicing it.
3. Experience – But not experience in criminal law, but experience in the local courts. The more the attorney’s had a chance to deal with the local judges, the more familiar he is with them and how they function, and the greater are the chances of your trial reaching a favorable outcome.
4. Reputation – Check the reputation of the lawyer you’re thinking of hiring. Use the Internet profusely, ask around, check Yelp… Try to find as much information as you can anywhere you can. 
5. Referrals – One of the foolproof ways of finding a good attorney is by asking your family, friends, and acquaintances for a referral. 
6. Basics – Yes, the law can be complicated, but a good lawyer should know the basics without having to look them up. An experienced criminal lawyer has to be able to explain the basic principles of your case to you without a fuss.
7. Payment – You want to hire a lawyer that employs a clear fee payment structure. Everything has to be transparent and you have to know what you’re paying for in order to not be surprised when the bill arrives.
8. Enthusiasm – Perhaps it sounds silly, but you want to hire a lawyer that is enthusiastic about your case, because it shows that he is willing to put in the extra hours necessary for securing a favorable outcome in your trial. 
9. Confidence – You need a lawyer who is able to represent you with confidence if the case ever reaches the courtroom.
10. Listening – Finally, no matter how good a lawyer is, and no matter the previous successes, a lawyer cannot be considered the best choice for you if he is unwilling to listen to your thoughts and needs.

“Where do I find a criminal defense lawyer in San Diego that checks all these boxes?”

There is only one place in the whole of San Diego that is the answer to your question “Where can I find a competent criminal attorney near me?” – Monder Criminal Lawyer Group. 

Vik Monder has worked tirelessly to assemble a team of criminal law professionals that will give it their all trying to secure a good outcome in your case. If you’ve been too stressed to enjoy those nice walks through the Seaport Village, come to us for a consultation and we’ll see you relaxed again!

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Is Not Reporting a Crime a Criminal Offense?

Merely witnessing a crime is a stressful experience, and there is no judgment to be passed if a person fails to report a crime. But, you should also be aware of the potential consequences and understand why you might be forced to think “Where do I hire a good criminal lawyer near me?”

Knowing that you can be charged with a crime for not reporting is the most important aspect of it. Also, you should definitely be aware of how a criminal defense attorney can help you in that situation and understand why you should think about hiring a criminal attorney. However, let us first see what can happen if you don’t report a crime witnessed. 

Is it a crime to know about a crime and not reporting?

In the majority of cases, an individual is in no obligation to report a crime after witnessing it according to the Southern District of California Department of Justice. You will face no legal ramifications if you fail to report a crime you witnessed.

This holds true even if you were aware of a crime in advance, you were a witness to a crime as it was taking place, and if you learned about a crime after some time. However, we have to note that, although you face no legal action against you for not reporting a crime, it is every person’s moral duty to do so.

Are there any exceptions to this rule?

Yes, there are exceptions to this rule, and you can be faced with legal action against you if you fail to report a crime in two instances:

• If you abet or aid a crime, you are held legally responsible under Penal Code 31. Aiding or abetting a crime entails that you knew about the illegal plan of the perpetrator, that you either encouraged or facilitated the plan, and that you promoted or instigated it.
• Some professionals, such as police officers, teachers and school officials, medical professionals, therapists, social workers, clergy, and firefighters, are under a legal obligation to report any crimes that fall in the category of the CANRA (California’s Child Abuse and Neglect Reporting Act). This means that people practicing the aforementioned professions have to report a crime including child neglect or abuse to the authorities. Otherwise, they will be legally prosecuted. 

What happens if you don’t report a crime?

As we’ve said, there are no legal repercussions for not reporting a crime. So, unless you’ve aided or abetted a crime, or if you’ve witnessed a CANRA violation while being employed in a field that demands that you report such a crime, you should not fear any legal action being taken against you.

However, we have to note that although the police encourage people to report the crimes they’ve witnessed, you can get into legal trouble if you submit a false report of a crime, under Penal Code 148.5.
It states that it is illegal to make a false report concerning a crime that did or didn’t take place. You are not allowed to submit a false report concerning felonies or misdemeanors to a prosecutor, a police officer, or the grand jury. 

How long do you have to report a crime?

If you’re a witness to a crime, it’s normal that you may be wondering what is the time limit for reporting said crime, and if there’s a time limit at all. The general rule of thumb is that you should report a crime ASAP, as it gives the police more time to react and the criminal less time to get away with it.

When it comes to the matter of there being a limited time period within which you can file a report to the police, it is proscribed under the statute of limitations. These rules vary from state to state, but they also vary depending on the crime.

The general rule of thumb is that there is a one-year time window for reporting minor offenses, such as vandalism, traffic offenses, or minor thefts. But, when it comes to more serious felonies, such as child abuse, rape, or murder, there is not a limited amount of time for filing a report to the police. 

“Whom can I turn to for legal help in San Diego?”

If you’re unsure about anything concerning the law, or if you’re in need of a criminal defense lawyer near you in San Diego, you can always come to Monder Criminal Lawyer Group – the finest collection of legal minds in San Diego, with Vik Monder at the helm! We’ll do anything in our power to help you and make your visits to the Gaslamp Quarter as carefree as they used to be. If you have a legal problem, come to Monder Law!