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What Are the Three Types of Court Martial?

If you’re looking for the best military criminal attorney San Diego knows, you’re probably facing a court martial. It’s a draining process, and hiring a great attorney is not all you should do. You need to become familiar with every aspect of the entire process of court martial proceedings, i.e. the types of court martial, the potential punishments in a court martial, as well as the appellate court martial system. Let us start from the beginning, and explain the three types of court martial first.

Summary court martial

The first among the three types of court martial is summary court martial. To put it in layman terms, this is the “least serious” among the courts martial, as it is responsible for minor offenses. The underlying principle of summary court martial is simple procedure which ensures proper inquiry into the sides of the case, safeguarding both the accused and the Government.

Summary court martial can only adjudicate minor offenses made by enlisted members of the military. This type of court martial does not have jurisdiction over greater offenses, nor can it try warrant officers, commissioned officers, midshipmen, or aviation cadets. Only noncapital offenses go before a summary court martial.

A summary court martial consist of a single commissioned officer, and he or she doesn’t necessarily have to be trained in law. The accused party has to agree to proceedings. If the accused party should refuse, a trial can then be passed on to one of the other two types of court martial – special court martial or general court martial.

In case the defendant consents to summary court martial proceedings, he or she waves the right to a JAG attorney. However, the accused can always choose to hire a civilian attorney who specializes in military law, only to ensure best possible court martial defense.

Special court martial

The second among the three types of court martial is special court martial. Offenses that end up before a special court martial are usually misdemeanors. The overall process of proceedings is much more serious when compared to summary court martial, including procedural protections and formalities. However, although special court martial mainly tries misdemeanors, it can also hold jurisdiction over capital offenses, proscribed by governing rules of courts martial.

Being the intermediate-level court martial reflects in the composition of special court martial compared to summary court martial. It can consist of only a military judge, a military judge and thee members alongside, or no fewer than three members without a military judge. It is extremely rare to hold a special court martial without the presence of a judge, but the composition can vary depending on the crime tried.

The defendant can choose what composition of special court martial he or she would prefer to face. In case of choosing a trial by a military judge alone, it is that one person who is responsible for reaching a sentence. However, it the defendant chooses a trial by the three members, a two-thirds majority is needed in order to pass a sentence. There are never “hung juries” in any of the three types of court martial.

As for representation, the defendant can opt for a JAG attorney appointed by the Government, or for hiring a civilian lawyer well-versed in military law at his or her own expense. Going for a civilian military attorney is always a great option, as it is advisable to have legal representation independent from the military system.

General court martial

This present the highest level of trial among the three types of court martial. General court martial convenes only for the most serious of offenses committed while in active military service. That is why, if facing a general court martial, you need to do all in your power to secure strongest possible defense, including hiring a seasoned civilian military lawyer to work alongside your appointed JAG attorney.

General court martial is able to try all servicemen. Before a general court martial convenes, the military must conduct a pretrial investigation, in order to establish basis for prosecution. The officer in charge of this investigation has to be with a rank of no lower than major, or an officer with adequate legal training.

This is where good legal representation should step in. The accused has the ability to thoroughly examine all the evidence, cross-examine all witnesses, present witnesses of his or her own, as well as arguments and evidence. Although it is allowed for the defendant to do all of this alone, legal representation is advisable at this stage.

The composition of the highest of all the three types of court martial can also vary, depending on the seriousness of the crime. It can consist of only a judge, or a judge and no fewer than five members of the jury. Again, the defendant can choose the general court martial composition. However, when it comes to capital cases, the defendant has to be tried by the five members. In some cases, the defendant can be tried by as many as twelve members.

Similar to special court martial trials, the defendant is appointed a JAG attorney, but he or she can choose to opt for additional civilian legal representation. As we have already said, calling in reinforcements in form of an experienced civilian military attorney is a good idea, especially for the more serious offenses.

Now you’re familiar with the types of court martial, it’s time to consider legal representation

And, if you’re thinking about securing the best possible defense for your court martial case by hiring a civilian lawyer who has specialized in military law, Monder Criminal Lawyer Group should be your first stop. Vik Monder has worked hard to assemble his superstar team of civilian military lawyers, and we are sure you will find the finest legal representation at our firm. Contact us today for a free consultation!

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Interviewing Civilian Lawyers Specializing in Military Law: Questions to Ask

Preparing to face a court martial? Your first meeting with a lawyer is an essential step in the entire process. Thus, you need to know what to ask your San Diego military criminal defense lawyers you deemed would be the best for your case. Reaching a civilian lawyer vs military lawyer decision is never an easy task. However, if the pro-and-con list tilts the favor in the direction of a civilian military defense attorney, you should be prepared for the interview. This is how to get the information you need from the top civilian lawyers specializing in military law.

Ask about experience and background

In order to find the best lawyer for your case, it’s not enough to just ponder “Which civilian lawyer specializing in military law near me can help me turn the tide in my court martial case?” You need to schedule an interview, and know what questions to ask. Asking about the background and experience of civilian lawyers specializing in military law you think would fit the bill is a great place to start.

You should get the obvious questions out of the way first. Ask about how long he or she has been a lawyer, about the law school they graduated from, and about their general experience of trying court martial cases. This should give you a pretty good starting idea of whether or not you would like this person to represent your case.

Then, if you’re satisfied with the answers, continue to the more important aspects of the attorney’s experience in military criminal cases. You can ask about the familiarity and previous experience with the charges you are facing. Also, it is important to know how often the said lawyer would appear at court martial, because you want your legal representation to be completely dedicated to your case. No civilian lawyers specializing in military law can be considered adequate unless they’re willing to commit their utmost attention to you and your case.

Ask for the assessment of the case

You need to ask for the assessment of your case in order to avoid any unwanted surprises, ponder every aspect of your case, and, most importantly, explore every one of your options. You have to take every precaution, and prepare yourself for any eventuality.

So, the first question you should ask is whether or not you should go to trial, or take other routes. In a court martial case, however, it is most likely you will end up on trial, but it never hurts to ask about the alternatives. Then, ask about the facts of the case that work in your favor, as well about those that work against you, so as to more carefully weigh and assess your chances of a favorable verdict.

If the odds seem to be stacked against you, don’t despair. It only looks that way, but know that experienced civilian lawyers specializing in military law can work their magic and tip the scales. But, just to be prepared for anything, ask about the potential repercussions of pleading guilty, and if pleading guilty could lessen the charges brought against you. We’re not saying that this is the way to go, but this remains the final question to ask when trying to take an in-depth look into every aspect of your case.

Investigate case management

Case management is basically a posh word us lawyers use for all the behind-the-scenes operations that take place during the process of the trial. It is extremely important for you to get to know how each of the civilian lawyers specializing in military law you’re thinking about hiring operates, so as to minimize possible misunderstanding, and see what suits you best.

The first questions might seem a bit odd, but it is essential, and you should ask the person you’re interviewing if he or she will actually have the time to represent your case. Many larger law firms have more experienced attorneys talk to the clients, only for the case to be relegated to somebody else, usually a younger, less experienced lawyer.

Also, you should ask about other attorneys who might end up working on your case, and request to meet with them as well. You really do want to know who you may end up cooperating with, and ask them a couple of previous questions as well.

Finally, inquire about the best way to keep in touch with your team of civilian lawyers specializing in military law. Don’t hesitate to ask questions such as: Who is the contact person, what is the best way to contact that person, and how prompt that person is with the replies. The basis of a strong case is good communication.

Discuss legal fees

In the end, what good is the best attorney in the game if you cannot afford it? However, that doesn’t mean that you should opt for affordability over expertise. Middle ground sounds good, as you don’t want to break the bank. But, our advice is to always stretch your funds as much as you can when hiring legal representation for a court martial, as it will certainly be worth it once the gavel strikes.

These questions are pretty straightforward. Does the attorney charge an hourly rate or a flat rate, what are the rates, what to the rates include, and what isn’t included, do I pay upfront, is there a retainer fee… As we’ve said, standard.

One thing you do need to ask about is additional expenses. You need to know about the possibility of unplanned legal expenses arising is, if you will be the one paying for unforeseen expenses, and you should also about the estimate of those expenses. This way, you prepare for the unexpected.

Ask previous clients

Up to this point, the decision about your legal representation should be clear enough. But, if you’re still torn between a couple of candidates, you need one last ace up your sleeve that will help you choose.

Simply the attorneys to provide you with contact information from their former clients. Call these people up, ask about their satisfaction with services rendered by the legal team in questions, and let this be the deciding factor in your dilemma. There really is no better way to find out about the modus operandi of civilian lawyers specializing in military law you’re thinking about hiring.

Ask us, and see why we are the best civilian lawyers specializing in military law in San Diego

Whatever it is you want to ask, we will answer, earnestly and willingly. After all, we know it is the only way for you to ensure premium representation in a court martial. Vik Monder of Monder Criminal Lawyer Group has hand-picked his team of criminal military attorneys, and you can be certain of their experience and expertise. We’re sure our answers won’t disappoint you, so schedule a free consultation per your convenience, and hear for yourself why people praise our services. Contact us today!

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Should I Hire Civilian Military Defense Attorney for My Court Martial?

If push comes to shove, and you are indeed charged with a court martial offense, the question always remains the same – go for a JAG attorney, or bypass the military system and opt for seasoned San Diego military criminal defense attorneys. Yes, JAGs are delegated by the military, and yes, you don’t have to pay for their services, but hiring a private civilian military defense attorney is certainly worth considering. Here’s why.

Potential repercussions

Sorry for starting on a low note, but you really do have to be aware of all the potential legal ramifications of being found guilty in a court martial. Not to say that sticking with a JAG lawyer delegated to your case means certain defeat, far from it. We just think that considering and hiring civilian lawyers specializing in military law greatly tips the scales to your favor. So, let’s see what defeat in a court martial might entail.

• Job loss – One thing is certain, the guilty court martial verdict means you will most likely lose your job. To put that into perspective, a five-year-service E-4 would thus approximately lose $25,000 in annual income. Putting potential defeat into figures, hiring a civilian lawyer specializing in military law that can help you win your case is not that costly.
• Future job prospects – Not only will you lose your current job, but the possibilities for any jobs in the future would also be significantly diminished. A vast majority of all modern-day employers perform detailed background checks of the promising candidates, and an unfavorable court martial verdict would not make the best of impressions.
• Loss of retirement – This repercussion is fairly obvious. With the loss of a steady job, comes an interruption in your retirement plan. For example, senior NCOs stand to lose a few hundred thousand dollars. In some cases, that sum comes close to a million. Head-spinning, and definitely worth thinking about a civilian military defense attorney.
• Loss of housing benefits – The military provides its active personnel with substantial housing benefits, just to help them along the way towards their real estate independence. Depending on the rank and years active, it means losing anywhere from $12,000 to $24,000 a year.
• Loss of medical insurance – Whereas the military takes care of the people under its wing when it comes to medical insurance, losing your job implies losing the insurance as well. Civilian insurance can cost in excess of $12,000 yearly.
• Cost of military education – Finally, for all those who have undergone proper military education before becoming active duty members, losing a court martial case means paying the education costs back. For example, army members who attended military academy stand to pay $100,000 or more, depending on the academy.

Although it might look a bit extreme, we have witnessed all of these repercussions in our many years of experience. You have to make sure you are doing everything in your power to secure best possible legal representation. We’re sorry to say that, in most cases, that includes more than just free JAG representation. So, it’s time to seriously ponder the civilian lawyer vs military lawyer decision.

JAG attorney workload

It would be wrong to suggest that military lawyers are not capable of properly representing your case in a court martial. However, a fact remains that, besides their legal obligations, they have other, military responsibilities to take care of on a daily basis. This means they are often stretched too thin and pressed for time.

Unfortunately, they do not have enough time to commit their utmost attention and energy into a single case, because they frequently have to juggle several cases at the same time. That is why going for a civilian military defense attorney is a good idea. They are all-in on your case, and only yours, for any duration. This is something JAG attorneys simply cannot achieve.

Immediate need for an attorney

The military does not appoint an attorney before officially charging an individual for an offense. It is only then that JAGs begin the consultation process, which, in many cases, might mean too little too late. The need for legal representation and adequate consultation is always immediate.

In the military, you cannot request legal representation before being formally notified that you are being charged with an offense. What are you to do if you suspect you’ve made a breach in conduct, expecting legal action to be taken against you, and you can’t consult with a lawyer?

You need to take swift action to assure your side of the story is heard, and, in these occasion, your best bet is a civilian military defense attorney. Waiting for JAG corps often means losing precious case preparation time.

Experience is invaluable

Finally, you have to take the matter of professional experience into consideration. With a civilian military defense attorney, you know who you’re hiring. You can inquire about that person’s expertise, experience, credentials, case record, and anything else you might be interested in. Only after being certain that you’ve found the best possible present to represent you in a court martial will you actually shake the hand and begin cooperation.

When it comes to JAG attorneys, there are seasoned professionals, well-versed in every nook and cranny of the military law, capable of handling court martial cases of any severity. There are also, however, inexperienced novices, fresh from school, with little to no experience trying a court martial case as lead counsel.

So, let’s say the odds of being assigned an experienced JAG are fifty-fifty. Are you willing to stake your professional and personal future on those odds? If not, you can always take matters into your own hands and find the best possible lawyer for your case. You don’t have to risk it, play it safe.

The best civilian military defense attorney is not far away

Vik Monder of Monder Criminal Lawyer Group has put together a marvelous team of experienced, committed and motivated criminal defense attorneys who specialize in military law. If you want to secure strongest possible court martial case, these are the people you should turn to. They have a pristine track record in the most diverse of court martial cases, and they will put all that knowledge into securing a favorable sentence for you. Contact us today!

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Civilian Lawyer vs Military Lawyer: What’s the Difference?

When facing a court martial, contrary to popular opinion, you can have your choice of legal representation. You can either have your case presented by a JAG attorney, or you can have a civilian military criminal defense lawyer in San Diego by your side in the courtroom. In order to reach an informed civilian lawyer vs military lawyer decision, you first have to be aware of the differences.

They follow different rules and procedures

When it comes to JAG attorneys, or military attorneys as they are commonly known, the rules they have to abide are instated by the UCMJ, or the Uniform Code of Military Justice. Every process connected to military law is proscribed by the UCMJ, and all JAG attorneys have to strictly adhere to it.

As for civilian lawyers specializing in military law, the matter is a bit different. Although they do, when trying a military offense, have to abide by the legal routine of a court martial, they are still largely bound by civilian rules of conduct.

This means that, in certain cases, a civilian lawyer involved in a court martial case can have more freedom to explore the case from different angles, and employ different research procedures. This often proves beneficial to the defendant.

The process for appeals is different

Court appeals, whether they occur in military or civilian courts, bear the same significance. They allow the person not satisfied with the court’s decision to try and have the case reevaluated by a higher legal authority.

You might think that the civilian lawyer vs military lawyer debate is not necessary in this aspect, but the truth is somewhat different. The main and the most important distinction is in the sole process of filing an appeal to the court.

In the military, every branch has its own appellate court, responsible for the appeals submitted by the personnel of said branch. The appeal always follows an identical chain of command, and there is no way for the process to be sped up, or for an appeal to miss a couple of links of the chain.

Civilian lawyers, on the other hand, are used to fighting their cases in a different manner. There is no one path set in stone for appeals after civilian appellate courts. An appeal can be forwarded to either circuit courts, or federal courts. Thus, a civilian lawyer is prepared for any and every eventuality, making him or her better prepared for the appeal process, be it in civilian court or court martial.

Civilian lawyer vs military lawyer training

As you may have guessed, the training that civilian lawyers and military lawyers undergo is, also, rather different.

In the military, not every service member has the necessary prerequisites to become a JAG attorney. You have to do a lot more than just wear the uniform actively. All members of the JAG Corps are legal attorneys first and foremost. That means they have to possess regular attorney credentials before taking up special training for handling all the nuances of military law.

Now, this may lead you to believe that JAG attorneys are, because of additional training, the correct option for every court martial case. However, it’s not quite simple as that.

It is true that military lawyers are well versed in military law, and that there are few unknowns in this regard. And that’s something that really instills confidence in a court martial. There is one downside to that, though, and it is the back of the same coin. Being trained profusely in military law by members of the military means that JAG attorneys are also trained to follow military procedures to the letter.

Civilian lawyers have not been shaped by the military, and it isn’t a bad thing. It is a misconception that a civilian lawyer cannot be as proficient in military law as a JAG attorney. No, it simply means that, in most cases, civilian lawyers are not nearly as prone to adhering to stringent military procedures all the time. They are well capable to, if needed, bypass them, thus potentially helping their client. JAG lawyers are simply not allowed to do so.

Differences in jury

Although not a difference between military and civilian lawyers, we fell it is utterly necessary to discuss the differences in jury as well, since it is the jury that will ultimately reach a decision, and state the sentence.

In civilian courts, the jury always consists of 12 jurors, never more, never less. Plus, the jury in civilian courts has to consist of peers, i.e. regular people from all wakes of life. Lawyers can then proceed to select the jurors that they find could have a clearer understanding of the case in question.

In the army, the juries are quite smaller, ranging from three to twelve jurors. It all depends on the type and the level of court martial. And, the main difference is that the jury in a court martial only consists of commissioned officers.

The other major difference is that there is no hung jury in court martial. Whereas a civilian court requests a unanimous decision of the jurors, military courts only need a two-third majority. This means that there may be occurrences of unjust decisions reached by a less-than-unanimous jury.

Lastly, in a court martial, the military only states a single sentence for all of the individual’s crimes. In the civilian system, the jury votes separately for every offense, and delivers separate verdicts.

Although we haven’t provided any answers to the civilian lawyer vs military lawyer question in this instance, we hope you are altogether more familiar with the differences in legal proceedings between the military and the civilian lawyers and legal systems.

Civilian lawyer vs military lawyer – still don’t know which is better for your case? Don’t worry, we have the answer!

Vik Monder is the best criminal defense attorney in San Diego, and that’s a fact. And, not only that, but he knows how stressful a court martial can be for active military personnel put on the spot. That is why he has worked hard to assemble the best team of civilian lawyers specializing in military law at Monder Criminal Lawyer Group. We can lend you our expertise even in the confines of the military. Contact us today for a free consultation!

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How Civilian Lawyers Specializing in Military Law Can Help Me Win My Case

If you’re looking for a military criminal defense attorney, nobody says you need a JAG team at your side. Most of the time, it is better to try and find a good civilian lawyer, as most JAG attorneys are over encumbered to begin with. However, people still think “I’m just not certain how much civilian lawyers specializing in military law near me can actually help me.” Why don’t we see?

“Can civilian lawyers specializing in military law near me even represent me in a court-martial?”

We will begin by debunking the biggest myth about civilian lawyers and their ability to represent members of the military in a court-martial. The simple answer to this question is yes, a civilian attorney can present and defend your case in front of a court-martial.

Although there are differences between civilian lawyers and military lawyers, those differences do not translate to their jurisdiction, i.e. it is not mandatory that a JAG attorney and only a JAG attorney represents your case.

What’s more, it’s often a better option to hire your own civilian lawyer that specializes in military law, since JAG lawyers are under constant pressure and their caseload is immense.  Sometimes, they just cannot look into every aspect of a case, whereas a civilian lawyer can certainly spare the time.

The UCMJ, or Uniform Code of Military Justice does grad all active members of the military free representation by JAG lawyers in court-martial cases. That is why people think “Civilian lawyers specializing in military law near me won’t be allowed to defend my case.” But, it’s a misconception, nothing more.

You can even hire a civilian lawyer to work alongside a JAG attorney, trying to make your case as strong as it can be – together. Now, let’s see about answering some other questions about civilian representation in military law cases.

“Can civilian lawyers specializing in military law near me conduct adequate investigation?”

The Army can be a relatively closed environment, especially if you’re an outsider trying to take a peek inside. And while this is true in most instances, it isn’t when it comes to court-martial cases.

It doesn’t matter if you have selected a JAG attorney, or you have gone for our advice and chosen a civilian lawyer specializing in military law. Your legal counsel has to be allowed access to any pieces of information and evidence of relevance to your case. The scenes from movies where lawyers are put through hell when trying military cases have nothing to do with reality.

Also, it may be more than beneficial having a professional who is not part of the military legal system investigating your case. They can offer a fresh and realistic perspective, examining the case from every angle. It is only with this kind of close scrutiny that a weakness can be found and exploited properly.

“Can civilian military lawyers really present a convincing case in a court-martial?”

This is, perhaps, the most important question that every person seeking representation in a court-martial asks themselves. And we understand. People think that the functioning of a civilian court and a court-martial is vastly different. Although differences do exist, they are in no way substantial. A court is a court.

However, this is only the final step of the journey, and we’ll come to that. Civilian military attorneys do a lot more than just stepping into the courtroom, presenting their opening statements. They do a lot of work before that.

• Case evaluation – A civilian lawyer specializing in military law will evaluate your case thoroughly before going to trial, trying to work out the best defense. Sometimes it is possible to dismiss the charges entirely, or get the potential punishment greatly reduced.
• Pre-trial preparation – This is a crucial step in any trial process, and equally so in court-martial cases. They will take the time to prepare you for the upcoming trial, and see what would be the best course of action in your case.
• Advice and counsel – This is part of the pre-trial preparations. Every court-martial case against you is a grave threat to your future military career. The entire experience is extremely exhausting. That is where experienced civilian military attorneys step in, answering your every question, making you regain lost confidence before the gavel strikes.
• Trial representation – The final step of the journey involves your civilian lawyer standing in front of the court-martial, defending your case. They can do it, and they do it well, representing your best interests, probably better than their military counterparts. Why do we say this? Remember – JAG attorneys are, first and foremost, members of the military.

Seeing how detailed and thorough the process of a civilian attorney specializing in military law is, we think you will be in rather capable hands if you decide to look for legal representation outside the confines of the military.

“I’ve decided, I want the best civilian lawyers specializing in military law near me in a court-martial.”

We applaud your decision, as we think it’s the right one. But, we can also do a lot more than that! Vik Monder of the Monder Criminal Lawyer Group has assembled a superstar team of attorneys, complete with experts specializing in military law. If you want your case to be heard in a court-martial, you can schedule a free consultation with us. We are sure we will come to an agreement. Contact us today!

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Juvenile Drug Possession in California Part 2

In order to find the best San Diego drug criminal defense lawyer, and know what questions to ask, you need some degree of knowledge about the crime. Now that you are familiar with different types of juvenile drug possession crimes in the state of California, we should take a closer look into the trial process and potential repercussions in juvenile drug possession San Diego cases.

The process of juvenile drug possession San Diego trials

There are differences in drug possession trials for adults and juveniles. The basic distinction is between the charges themselves. While adults are charged with drug crimes, minors are not prosecuted in the same way. Instead, they are usually charged with delinquency.

The process itself begins the very moment a juvenile become arrested by the police. It is therefore crucial to come in contact with a lawyer specializing in cases of juvenile drug possession San Diego. Depending on the continuation, there may be immediate need for a seasoned attorney.

If the crime is deemed sufficiently minor by the police, they may allow the juvenile to go off with only a warning. However, the police can also decide to take the offender into custody. The minor is then detained at juvenile hall, with the possibility of a delinquency petition filed to a juvenile court. There is also the possibility of a juvenile entering a diversion program, and immediately put on probation.

Hearings are possible in delinquency cases, and there are rights every juvenile can exercise throughout the steps of the process. One of them is the right to a lawyer. Parents of the minor are also allowed presence during the hearings.

In the case of a juvenile being found delinquent, there are several potential outcomes. These outcomes depend on the circumstances of the arrest, the charges raised, as well as the quality of court representation. That is why an experienced drug possession lawyer is essential in juvenile drug possession San Diego cases.

Potential outcomes

The outcomes one can expect when being tried for juvenile drug possession San Diego vary significantly. The potential outcomes are as follows:

• Probation – This is the most lenient repercussion a juvenile can suffer when found guilty of delinquency. Probation may entail maintaining a curfew, attending school without truancy, completing a substance abuse course, or performing community service.
• Deferred judgment – In this instance, a juvenile admits to the crimes committed and the charges raised, only for them to be dismissed upon the completion of the appointed program.
• Relocation –If the court sees the influence of the family as an aggravating behavioral factor, relocation ensues. The juvenile can be placed in a probation camp, group home, or a foster home.
• Juvenile detention – In the most extreme of juvenile drug possession San Diego cases, the juvenile is deemed incorrigible and unrepentant by the court. Thus, he or she is committed to one of juvenile detention facilities. This option is usually reserved for more serious juvenile drug offenses, such as trafficking or manufacturing.

The outcome may also depend on the expertise a criminal defense attorney brings to the courtroom. So, if you want to be represented in the best possible way, you should contact a criminal lawyer with experience in juvenile drug possession San Diego.

Juveniles tried as adults

The majority of juvenile drug possession cases are resolved in juvenile courts. However, there are instances of juveniles being tried as adults. The court reaches the decision to charge a minor as an adult based on the presence of a sufficient number of aggravating circumstances.

The judge will take the following circumstances into consideration when reaching a decision of whether to try the offender as a juvenile or as an adult.

• Sophistication – If a juvenile has demonstrated a high degree of sophistication when performing an illegal act in question, the court may deem it necessary to try him or her as an adult.
• Rehabilitation – If the court feels that the juvenile tried lacks the potential for proper penance and rehabilitation, that offender may be charged as an adult. This also holds true if there have been previous unsuccessful rehabilitation efforts.
• History – If the minor has a substantial criminal history prior to the case in question, the court may decide to treat him or her as an adult.
• Seriousness – If the gravity of the crime itself is such, and the surrounding circumstances are unfavorable to the juvenile, the court will charge the juvenile as it would an adult.

If the court reaches the decision to view a juvenile as an adult, the repercussions are going to be the same as they would be for an offender of an older legal age. They may involve prison alongside older offenders, or incarceration in an adult jail.

In order to prevent the case from going to criminal court for adults, a criminal defense attorney has to be skilled enough to argue the case at a preliminary hearing. This is the only opportunity when a lawyer can stop the case from advancing to an adult criminal court, if the circumstances demand it.

Get the best defense for juvenile drug possession San Diego charges!

Vik Monder of Monder Criminal Lawyer Group knows how to do his job, and his experience in criminal drug possession cases in unparalleled. If you are a juvenile who is in need of court representation, there is no better option for you than Monder Criminal Lawyer Group. We have the knowledge, and the desire to help you. We can provide the best possible defense. If you want your voice heard in the courtroom, contact us today!

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Juvenile Drug Possession in California Part 1

When charged with possession of an illegal substance, you definitely want the best San Diego drug criminal defense attorney representing your case. This rings all the truer in cases where a minor is charged with possession. Before you start looking for court representation though, get familiar with the facts of not only juvenile drug possession California, but also other types of drug crimes.

What falls into the category of juvenile drug possession California?

Drug crimes is a term that encompasses all crimes where illicit substances are present. As broad as this definition may sound, it is, in fact, the most basic definition of drug-related offenses. Actually, any drug crime begins with a possession of an illegal substance. The differences are in the intent.

The least serious of all drug-connected crimes is possession of an illegal substance. Also, there are more serious drug crimes, such as those of drug trafficking, drug transportation, and drug manufacturing.

Although we have named one drug offense “least serious”, you have to be aware of the fact that there is no such thing as an easy drug crime. The state strictly enforces drug laws, and any violations will be punished. There is no special leniency towards juvenile drug possession California.

That is why you will need a San Diego lawyer with experience in juvenile drug possession cases. It is the only way to secure the best possible trial outcome for your case. Now, let us take a more detailed look at the types of drug crimes most common among minors in California.

Possession

As mentioned before, juvenile drug possession California is the most common occurrence of drug crimes. We have also called it “least serious”, but that is no reason to think you will not need professional representation in court.

Simple drug possession can be divided into three categories – constructive possession, actual possession, and joint possession. Actual possession entails direct physical control of an illegal substance. Joint possession deals with the amount of substance present, and is enforceable when a person has enough substance for two or more persons. Constructive possession is possession of a controlled substance you have the right to possess.

Although possession of marijuana has been legalized in the state of California for persons over the age of 21, it is still a crime to possess this drug if you’re a minor. Also, the possession of the following drugs remains a crime for any age – heroin, meth, ecstasy, PCP, LCD, crack cocaine.

Trafficking

Juvenile drug possession California is only the tip of the iceberg when it comes to all the drug crime minors can be involved in. Although disturbing, it is a fact that teenagers are often recruited by criminal groups to serve as drug traffickers. If a minor is impoverished, the promise of a quick buck sounds like music.

It is most commonly for this reason that there are numerous instances of juvenile drug traffickers. And, even though they are minors, the consequences they could be facing if found guilty can be grave, and life-altering.

Drug trafficking involves all of the following – selling, transporting, giving, or administering a controlled substance to somebody. Even a juvenile offering to transport a certain amount of an illegal substance can face drug trafficking charges.

One more note – drug trafficking involves not only “street” drugs, such as heroin or cocaine, but also various prescription drugs, such as Xanax or Vicodin. If any prescription drugs are administered or sold outside their valid prescriptions, drug trafficking charges can, and, probably, will be raised.

Manufacturing

Finally, we come to the drug crime on the opposite end of the line from juvenile drug possession California – drug manufacturing, the most serious among drug crimes. It is true that minors are not as commonly involved in this crime, but we nevertheless feel we should take some time and explain it.

Possession of any substance that can be used for manufacturing methamphetamine or PCP, or any other drug for that matter, can result in drug manufacturing charges. We should add that it is necessary to establish intent to manufacture if person is found in possession of ingredients for drug production.

As you may have guessed, although the potential punishment for a juvenile involved in drug manufacturing is not as serious as for an adult, it is still a serious crime, and sentences are usually quite severe, even for minors. Only the best lawyers specializing in juvenile drug possession California and similar cases can provide proper defense in these cases.

Charged with juvenile drug possession California? You’ll need the best lawyer!

And Vik Monder of Monder Criminal Lawyer group certainly is the best criminal defense attorney in the state of California. We know how serious any trial connected to drug crimes can get, which is why we know the importance of adequate representation. We have experience in these types of cases, and it is that experience you will need in the courthouse. If you want the best possible defense for your drug possession case, contact us today!

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Drug Possession Defenses in San Diego

There are many potential drug possession defenses available that an experienced San Diego drug crimes lawyer can exploit if a person is charged with either simple drug possession, or possession with the intent to sell, so let’s take a closer look at some of them.

Unwitting and momentary possession

These are the simplest of drug possession defenses. Unwitting possession means that the person being charged with possession had no knowledge of the drugs being in their presence. Depending on the experience of the lawyer, this defense can be more or less productive.

The example of this type is the instance of a defendant borrowing another person’s car, but possessing no knowledge of any illegal substances being in the vehicle.

Momentary possession is the instance where the defendant claims he was in possession of drugs for only a brief period of time, and that he or she wanted to dispose of the substances, not sell them.

The role of a criminal defense lawyer is to establish preponderance of evidence, in order to provide proper defense to the client.

Lack of intent

When charging a person of drug possession with the intent to sell, it can be difficult for the prosecution to prove that intent. That is why many drug possession defenses try to disprove the existence of intent.

If there is no clean confession by the defendant, the prosecution usually have to use circumstantial evidence to prove intent. When using this strategy, criminal defense attorneys argue that there was no intent to sell, and that the drugs were for personal use only.

Abuse of power

Sometimes, police officers overstep their boundaries when trying to do their job, which can mean a great case for the defendant.

When it comes to drug possession defenses, defense can argue that the police planted the evidence, employed an illegal surveillance method, performed illegal seizure or search, or that they threatened the defendant, or the witnesses. Also, excessive use of force or pressure is considered abuse of power as well.

Crime lab Analysis

If the defense need more time to prep the case and find a good angle for making their case, they can buy more time by demanding a lab analysis of the substances found in defendant’s possession.

Just because a substance looks like an illegal drug, doesn’t necessarily mean it truly is. So, the drugs have to be sent to a crime lab, and analyzed there. Then, a representative of the crime lab has to testify in front of jury, and only then can the prosecution make their case.

Missing drugs

Sometimes, a case can be dropped due to missing evidence. And, because of the nature of handling confiscated illegal substances in drug possession cases, this can also be among the best of drug possession defenses.

Because seized drugs are transferred several times before they find their way to the evidence locker, it is possible for them to get lost in the process. And, if the prosecution lack evidence, it should be very easy for a skilled criminal defense attorney to get the case dismissed.

Entrapment

The police are allowed to set up different types of sting operations in order to capture individuals that are suspected of distributing illegal substances. However, there are some limitations when it comes to these operations.

Entrapment occurs when an informant of the police induce the suspect into committing a crime that would otherwise never have been committed. Entrapment usually transpires in operations where the drugs in question are produced by the police, in order to catch and charge a suspect.

Planted drugs

Similar to the abuse of power take on the drug possession defense, this is also an instance where the defense tries to question the actions of the police during the arrest. If the defense can prove that the drugs were planted by the police, the case will be dismissed immediately.

However, this is extremely difficult to prove, and should only be implemented as a last resort when it comes to drug possession defenses. Sworn testimonies of police officers carry a lot of weight, and there is little to no hope of other police officers blowing a whistle on their colleague.

Medical marijuana

Finally, if found in possession of larger quantities of marijuana, it is possible for the defense to argue medicinal use. However, this type of defense is only applicable in those states where marijuana has already been made legal, and it requires a signed recommendation of a doctor.

We know all the best drug possession defenses

And we can implement them in the best way possible. Vik Monder and Monder Criminal Lawyer Group are experts when it comes to providing the most adequate defense in drug possession cases. We will carefully consider all the aspects of the case, choose the best course of action, and defend you impeccably. Contact us today if you need assistance.

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Simple Drug Possession vs. Possession with Intent to Sell

Charges for drug possession are serious, and can be made even more serious if determined that there was an intent to sell them. That is why it is necessary to know the differences between simple possession and possession for sale, and hire a good San Diego drug crimes attorney who is capable of establishing best drug possession defenses.

The difference

Being in possession of controlled substances is against the law in the state of California. There are two types of possession charges – charges for simple possession, and charges for possession with the intent to sell.

Mere possession, that is possession without the intent to sell, means that the person charged with the crime had no desire to sell the drugs he or she was found in possession of.

In order for the charges for drug possession to be convictable, there are elements to a crime that have to be proven beyond reasonable doubt. 

These elements include knowledge of the nature of the drug in possession and the knowledge of its presence; Right of control over the controlled substance or the exercise of that right; Sufficient amount of that unlawful substance in possession.

These three elements are simply called knowledge, control, and dominion. Knowledge is the most important factor of mere drug possession charges. If knowledge about the possession of illegal controlled substances can be established, it means that charges can be raised.

As for establishing charges for possession of drugs with the intent to sell, it’s the second part of this crime that’s important – intent. This means that there should exist a state of mind for the selling or distributing these illegal substances to others.

Circumstantial evidence is usually used to establish intent to sell beyond a reasonable doubt. Also, testimonies from buyers and attempting to sell to police officers are also used as direct evidence when trying to prove intent to sell. And a sale doesn’t include just monetary transactions, but an exchange of any item of value for drugs.

Burden of proof for possession with the intent to sell

Simple possession and possession for sale are similar when it comes to the burden of proof needed by the prosecution to establish well-founded charges.

In order for prosecution to be able to secure a convicting sentence, they need to prove several elements of the possession with the intent to sell charge.

First, control. The person being charged with possession with the intent to sell exercised control over a certain amount of drug, or the person exercised the right to control a sufficient amount of drug.

Second, the person possessed the knowledge of the nature of a controlled substance, and the knowledge of the presence of that substance on his or her person.

Third, there needs to be a sufficient amount of a controlled substance that can be used for distribution.

Lastly, the prosecution need to prove that the person charged with possession with the intent to sell had expressed, through further action, the intent to sell controlled substances.

Aggravating factors in possession with the intent to sell cases

This is an area where simple possession and possession for sale differ, as there are some factors that can worsen a defendant’s claim in possession with the intent to sell cases.

These factors include large drug quantity, drug packaging, cash present on the person, measuring scales, the number of visitors at the person’s home, as well as the length of stay of those visitors.

If any or more of these aggravating factors are present in the case, it is highly likely that the prosecution will charge the individual with possession with the intent to sell, and not just simple possession.

We can provide the best defense for simple possession and possession for sale

Vik Monder of Monder Criminal Lawyer Group is the best defense attorney in the San Diego area. He is an experienced and committed professional, who is sure to provide the best possible defense in your drug possession case, be it with or without the intent to sell. Get familiar with the differences, then seek out our help!

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California Sex Offender Sentencing Guidelines

Being accused of a sex crime is an extremely serious matter, and you need to be familiar with California sex offender sentencing guidelines and the potential penalties. A sex crime lawyer San Diego can prep you for the case better if you are already familiar with both the terms associated with different sex crimes, as well as the sentencing guidelines for them.

Penalties for indecent exposure

First, we will cover all the potential penalties related to misdemeanor sexual offenses. If found guilty of indecent exposure, you can face the penalty of up to six months in the county jail, and a maximum court fine of $1,000. Also, you will face summary probation and will be registered as a sex offender in the state of California for life.

Penalties for lewd conduct

Another misdemeanor, the maximum jail sentence is six months in the county jail, with a maximum court fine of $1,000. The potential sentences when found guilty are identical to those for indecent exposure, and you will also have to undergo summary probation.

Penalties for rape

Since all potential penalties for misdemeanor sex crimes that follow California sex offender sentencing guidelines are almost identical, let’s see what the possible penalties for more serious sex crimes, or felony sex crimes, are.

When it comes to felony rape, if found guilty, you face a prison sentence of three to eight years and a maximum fine of $5,000. You will also receive formal probation and will have to be a lifetime registered sexual offender.

However, the penalties for felony sex crimes can be even more serious, depending on the circumstances of the crime. This is where sentencing enhancements come into play.

If there are aggravating circumstances present in the sex crime committed by the prosecuted, the court can choose to further increase the penalties.

If the rape victim was a minor, the prison sentence can be increased to seven to thirteen years in a state prison. If there are severe body injuries on the victim, three to five additional years can be added to the sentence, with the maximum fine increased to $10,000.

Pandering and pimping penalties

Pandering and pimping are also felony sex crime with the possibility for their sentence to be enhanced due to aggravating circumstances. The prison sentence ranges from three to six years, and the court fine can be as much as $5,000, with mandatory formal probation.

However, if the defendant is found guilty of pandering or pimping a minor, the maximum prison sentence is lengthened to a maximum of eight years, with the maximum court fine of $10,000. Lifetime sex offender registration in accordance with PC 290 is also mandatory in this instance.

Misdemeanor and felony sexual battery penalties

As sexual battery is considered a wobbler sex crime, California sex offender sentencing guidelines state that there are different penalties for felony and misdemeanor sexual battery.

In order to decide whether the sexual battery crime will be tried as a felony or a misdemeanor, the court takes into consideration previous criminal history and the physical state the victim was in at the time.

Misdemeanor sexual battery penalties are six to twelve months in the county jail, summary probation, lifetime sex offender registration and a $2,000 maximum court fine.

If tried and found guilty of sexual battery as a felony, the penalties are also more serious. Defendants found guilty of this crime face one to four years in prison, formal probation, sex offender registration and a maximum court fine of $10,000.

Sex offender registration

Finally, let us take a look at what sex offender registration consists of, that is what crimes require mandatory registration and what information registered sex offenders must provide to the authorities.

PC 290 states that the individuals convicted of these sex crimes have to be registered as sex offenders pursuant to the California sex offender sentencing guidelines. These crimes include murder committed while performing a sexual offense, forcible rape, sodomy, assault intended to commit sodomy, rape, or oral copulation, spousal rape, sexual battery, pandering and pimping, prostitution, child pornography and molestation, solicitation, and indecent exposure.

As for the information a registered sex offender must provide, in includes the physical characteristic of a sentenced offender, date of birth, name and know aliases, ethnicity, description and code of the offense, the year of conviction and the year of release, and the last known address.

We know the California sex offender sentencing guidelines back and forth

In order to secure the best possible defense if accused of a sex crime, first get familiar with the terms and the guidelines, and then seek help. Vik Monder of Monder Criminal Lawyer Group is the best defense lawyer for sex crimes in the San Diego area. If you need professional legal help, contact us today!