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Sex Crimes Glossary of Terms

For people who are in need of sex crimes defense attorney San Diego, it is very important to get familiar with different types of sex offenses. Sex crimes are divided into three categories – misdemeanors, wobblers, and felonies. Here are brief explanations of all of them, provided by the leading San Diego sex crimes attorneys.

Indecent exposure

We begin with the misdemeanors. Indecent exposure is a crime involving purposefully displaying one’s genitalia in public, making other people feel offended or alarmed. Experts say that the reason for committing indecent exposure is either for sexual gratification or the enticement of a sexual response.

Solicitation

Civil law defines solicitation as the act of any instance of requesting, seeking, or appealing to funds or other items that are of value. It can be made in person, in writing, or by using electronic methods. When it comes to sex crimes, the type of solicitation that a sex crime defense attorney San Diego would usually face is solicitation of prostitution.

Solicitation of prostitution is certainly the most common type of solicitation, and it involves a person requesting that another person perform an act of a sexual nature in exchange for money. It is necessary for the sexual act to be completed in order for criminal charges to take effect.

Prostitution

While solicitation of prostitution entails offering monetary compensation for performing a sexual act, prostitution is the other way round. It is defined as a criminal act that includes exchange of sexual acts in hope of receiving economic gain. It can include stimulation, copulation, or intercourse.

Improperly touching a child

The act of improperly touching a child or a minor can be defined as any inappropriate exposure of a child to sexual behavior, activity, or contact. The basic way to distinguish the type of touching that can be filed under inappropriate is to divide the touches into the good and the bad categories.

Good touches are those used to express positive emotions, such as hugging and holding hands, while bad touches include those touches a child is uncomfortable with, such as the touching of private parts and other intimate regions.

Lewd acts

Any act, sexual in nature, can be considered lewd or lascivious if deemed shocking or indecent by another person. This can include the previously mentioned indecent exposure, fondling in public, publicly viewing pornography, phone calls which are sexually vulgar, and even urinating in public.

Sexual battery

We begin with the second category – wobbler sex crimes. These are sex crimes that can be filed either as felonies or as misdemeanors, depending on the criminal history of the defendant, the victim, and the extent of the crime itself. This is where an experienced sex crime defense attorney San Diego could make a difference.

When it comes to sexual battery, it is described as a crime involving criminal sexual touching or conduct. It is different from rape because it does not involve actual intercourse or any kind of forced penetration. It is, basically, any type of unwanted or offensive sexual contact with another person’s body.

Statutory rape

This terms refers to the act of engaging in a sexual activity with a person under the legal age defined by law necessary to give consent. The minimal age at which a person can legally consent varies from state to state, but is always from the age of 15, to the age of 18.

Technically, all sexual activities falling under the category of statutory rape are consensual. However, the consent of a minor is not recognized by the law.

Sodomy

Illegal acts of sodomy include oral or anal sex, and can include any kind of non-procreative sexual activity, either between two people, or between a person and an animal. Historically, prosecution of sodomy has been extremely rare, and enforcement was targeted against homosexuals.

Child pornography

Child exploitation and pornography are illegal in all 50 states, and are the first of the felony sex crimes we are going to discuss. Child pornography pertains to making, owning, viewing or distributing any photographs, videos or CG images and videos of individuals under the age of 18 engaged in sexually explicit behavior.

Persons charged with any crimes that involves child pornography can be severely penalized. These penalties include fines, imprisonment, and sex offender registration. A first time offender can be subject to a prison sentence of up to 30 years.

Rape

Besides child pornography, the most serious sex crimes that sex crimes defense attorneys San Diego face are various categories of rape. If you have been accused of any of these grave sex crimes, it might be wise to get acquainted with California sex offender sentencing guidelines as well.

There are three main categories of rape that, unlike statutory rape, are not wobbler sex crimes, but fall directly into the category of felony sexual crimes.  These are forcible rape, spousal rape, and date rape.

Forcible rape refers to any act of sexual intercourse committed without previously receiving consent from another person. It includes the use of force, intimidation, or threats. Most states require actual penetration to be performed in order to classify an act as forcible rape, while some also define forcible rape as a use of any object to perform non-consensual penetration.

Date rape means that the person who has performed this illegal act is in some sort of a relationship with the victim. It can be a romantic relationship, a friendship, or an outing to a date. It is rampant in high school and college communities, with the overuse of drugs and alcohol making people ripe for being sexually harassed.

Spousal rape is an occurrence where a person within a relationship or marriage does not give the partner consent for a sexual intercourse.

Best sex crimes defense attorney San Diego

Charges for sex crimes can have drastic consequences, if only for the social stigma that surround them. It is easy to be labeled a sex offender, even after being proven innocent of the crime. The important thing is to know that you deserve to be defended in the court of law, and there is no better person for the job that Vik Monder of Monder Criminal Lawyer Group. Contact us today!

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What You Must Ask a Criminal Defense Lawyer during Consultation

Gathering all the necessary information and paperwork is only a part of what you need to before a consultation with a free consultation criminal attorney San Diego. To fully prepare for the consultation, you should also know what to ask and here are the most important questions.

Will you be handling my case?

In the event of scheduling a consultation at a larger firm, you need to precisely know who the attorney that will handle your case is. There are many instances where you meet a senior lawyer for a consultation, only for your case to be passed on to somebody else, usually a junior attorney.

In order to ask any of the other important questions, you need to make certain of who is in charge of your case. No reason to inquire about a person that might not be representing your interests. If you find out that the attorney the case will be delegated to has little experience in cases similar to yours, better to continue looking for legal representation.

Have you worked on cases similar to mine?

Experience is paramount in all legal struggles, even more so in cases of a criminal nature. That is why this is the top question to ask a criminal defense lawyer San Diego trusts during a consultation. No reason to beat about the bush, ask a straight question and expect a straight answer.

If the answer is positive, you can follow this question up by asking about the success rate of cases similar to yours when they go on trial. Every case is unique, no question about it, but it can be reassuring to know if the attorney has been successful with similar cases in the past. If the lawyer is experienced, helping many people along his criminal defense career, you might be at the right place.

How long have you been in criminal law?

This questions is directly related to experience, more specifically experience in criminal cases. Now, nobody is saying that the more years the attorney has been involved in criminal cases the more successful he is. However, you do want somebody who has seen everything the justice system has to offer.

There are many junior attorneys who are straight out of university. It is reasonable for them to start receiving experience, but if you wouldn’t feel comfortable being put in the hands of somebody who is at the beginning of their career, this is the question to ask a criminal defense lawyer.

What is the preliminary evaluation concerning my case?

Simply put – what are my odds? Nobody can say for sure what chance you have when going to trial, but experienced criminal defense attorneys can at least present you with an opinion or an estimate. You can then proceed to consult about different types of defense you might want to put into action, determining the one suitable for your case.

What’s more, you can also weigh your chances of going to trial against you chances of making a plea bargain. In order to receive the best advice, you need to have as much information about the case as possible. Only then can you draw a conclusion about what the best option is and how to proceed onwards.

How do I improve my outcome?

It is true for almost any criminal case that there are ways in which you can improve your chances of receiving a positive outcome. Ask a criminal defense lawyer if there is anything more you can provide in terms of paperwork, as it could prove beneficial.

Depending on the type of criminal charges, there are classes to enroll in, such as drug rehabilitation classes or various counselling sessions. These are just some of the actions that look favorable in court. They can be a huge step towards you receiving a sentence of not guilty, or, in worse case, a decrease of your sentence.

What is the fee structure?

This is the question to ask a criminal defense lawyer for the very end. No reason to inquire about potential fees if the attorney isn’t the one you would feel comfortable handling your particular case.

Criminal defense representation does not come cheaply, and you need to be aware of that before asking this question. Ask how much everything costs. Ask about the attorney fees, extra costs, e.g. court fees, and see if there are any payment plans available.

If you are able to come to an agreement about the payment procedure, and if you can afford it, then you’ve taken your first steps in securing adequate legal representation.

We have the answers to all the questions you might want to ask a criminal defense lawyer San Diego

Monder Criminal Lawyer Group has the best criminal defense attorney, famous for his skillful and fierce legal representation – Vik Monder. He possesses significant in court experience, impeccable ethics, and an extremely successful track record. We are ready to answer all your questions. Contact us today!

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I Need Help Preparing for Free Lawyer Consultation near Me

Finding free initial legal advice is the first step in securing yourself quality representation during a criminal case. The next step, a far more important one, is answering the question “How do I get ready for a free lawyer consultation near me?” Free consultation criminal lawyer San Diego residents trust will walk you through the process patiently, but it’s good to be prepared nevertheless. Here’s some advice on the matter.

Schedule a consultation

Upon finding lawyers who said yes to your question “Do you offer free lawyer consultation near me”, you need to schedule a consultation.

By understanding you need legal aid, and by reaching out to a criminal lawyer, you have already done more for your case than many defendants.

Most of the time, lawyers are able to schedule a free consultation within a few days upon initial contact. However, taking into consideration the possible amount of work on their hands, it is wise to think in advance.

Never try to schedule a free consultation in the last possible minute, as it is not guaranteed they will be able to oblige.

Provide contact information

It is very important for your potential lawyer to know how to keep in touch with you. That is why you should prepare all of your contact information in advance, and have it ready for the free consultation, so as not to waste time.

The information you should have ready includes your work address, home address, the name and the address of your employer, as well as all your phone numbers and email addresses. This is the key to a successful consultation, as it shows you have made an effort.

Gather the papers

Depending on the type of the criminal offense you are being charged with, you may not be in possession of all the required documents. Depending on the type of the charge, you may need more time to obtain some documents from the court or the police.

The usual documents that cover most common criminal offenses include various tickets, a bail receipt, or an appear-at-court notice. Also, depending on the case in question, there may be police claims about a stolen item, or civil protection orders in case of stalking.

Whatever it is you are charged with, bring all the paperwork you can muster. Also, it is important to have papers with a court date on them, as it is not easy to get the date of the court hearing from the court itself.

Key facts

Although there are many question you should ask your criminal lawyer during a free consultation, there are important answers you should give as well. The most important facts you should know relate to the case in question.

In order to make the entire meeting more efficient, you should prepare or write down your side of the story in advance. Keep in mind that it is best to stick to chronological order, as it makes the entire story easier for the lawyer to grasp.

The facts your story should possess include the names of all the people involved in the dispute, the date of the dispute, the dispute type, as well as the current status of the dispute. What’s more, try to answer the questions of what, who, where, and why when telling your side of the story. The more the information, the better can the lawyer do his job.

No conflict of interest

This is something to bear in mind, as it is in no way possible for a lawyer to represent you in court if there is even the smallest conflict of interest. No ethical lawyer will proceed knowing there is a conflict.

There is only one way for the lawyer to make sure there is no such conflict, and it is to have as much information about the case as possible. The most important aspect is to provide the names of all the defendants and witnesses in the case.

If the firm already represents someone on the other side of the fence, it is highly unlikely for the firm to represent you as well. Inquire about the potential conflict as soon as possible, as it saves time for both you and your potential legal representative.

Making a choice

We come to the very end of your free criminal consultation. The final step is to make the decision about whether or not to retain the services of the legal firm you are consulting at.

You need to know one important thing – it’s ok to say no. You need to feel comfortable with your lawyer, and if, at any time during your free consultation you haven’t felt that way, then you should continue looking for legal representation.

There are also other aspects to consider besides feeling at ease around your lawyer. Sometimes, people find the perfect lawyer, but simply cannot afford the services. There’s no shame in admitting that. Be straight with your lawyer, and maybe there is an alternate way to retain his services, while not braking the bank.

I need free lawyer consultation near me! Well, look no further.

The award-winning criminal defense attorney Vik Monder of Monder Criminal Lawyer Group is the best in the business. With an impeccable track record and a reliable team at his side, you are sure to be in good hands. Schedule your free consultation today!

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Quick Overview of Military DUI and Possible Consequences

Driving under the influence is a grave offense for military personnel. So, get acquainted with the what and the how of DUI and potential charges, and see if you need to hire a criminal attorney San Diego.

What constitutes DUI in the state of California

It is illegal to operate a motorized vehicle while under the influence of alcohol in California. There are two main age categories for this offense.

If you’re under the age of 21, it means the policy of zero tolerance. So, any higher that 0.01%, and you’re performing a DUI offense.

If you’re over 21, you are allowed a level of 0.08% of alcohol in your blood. You mustn’t operate a motorized vehicle with a higher amount than that.

Drivers of commercial vehicles are allowed blood alcohol level of only 0.04%, no matter their age. If you need more information, always contact a criminal attorney San Diego.

What is military DUI

The term military DUI denotes an instance of an active member of military personnel driving while under the influence of alcohol. Either military punitive charges or civilian criminal charges may ensue. There are two types of military DUI – on base DUI and off base DUI.

On base military DUI

If any active member of the military is taken in by military police for on base DUI, charges will be raised in accordance with the Uniform Code of Military Justice, Article 111.

Under this Article, a military member is subject to court martial and administrative action for the DUI offense.

These circumstances would not bring about criminal charges in a civilian judicial system, but there would still be consequences of administrative penalties by DMV.

Off base DUI

If civilian authorities are to arrest an active service member for DUI, the California Vehicle Code comes into action.

This law states that it is illegal to operate a motorized vehicle if a person has 0.08% and more alcohol in the bloodstream. It is highly unlikely to be charged and prosecuted by court martial. Instead, there are likely to be criminal charges in civilian criminal court. However, the command can always reach a decision for further action against the individual.

What are most common military consequences

There is a great chance of military consequences for every member of active duty personnel driving under the influence.

The chain of command of said individual is certain to find out the time of the booking and perform a thorough background check. They will perform an inquiry into the specifics, and create their own punishment determination.

To face military criminal trial alone is an ill-advised idea. Make an attempt to hire a professional criminal attorney San Diego who understands all the nuances of military procedures. Such a person can help you avoid judicial military punishment.

Administrative action and court-martial

When found guilty for the offence of on or off base DUI, you can be faced with either adverse administrative action or court martial.

Administrative action results in a non-judicial punishment. Possible scenarios include mandatory treatment for substance abuse, assignment of extra duty, invoking of various on base restrictions, and a formal letter of reprimand. This letter goes on your permanent military record and can mean not getting a new contract or a promotion.

If your case reaches court martial, you are liable for pay grade reduction, pay forfeiture, loss of rank, separation proceedings, or being sentenced to the brigs.

The best criminal attorney San Diego for military DUI charges

Vik Monder of Monder Criminal Lawyer Group is best at what he does, and is currently the leading criminal attorney in San Diego. His references are impeccable, and his integrity unparalleled. If you are a member of active military personnel, caught while driving under the influence, contact us as soon as possible for a free consultation, as we can surely help your case.

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6 Most Common Health Care Frauds

Deception in the business of Health Care providing has become an increasingly prominent threat. Get familiar with the most common types of fraud, know what questions to ask, and schedule a criminal attorney San Diego free consultation immediately.

Billing for items or services not furnished

A straightforward fraud on the part of the provider of healthcare. It comes in various forms, so there are many ways for the unscrupulous provider to divert funds from the healthcare beneficiary.

Most common versions of this fraud include billing for appointments that never happened, or billing for medical devices not supplied by the doctor. If you have a reason to think this happened to you, it is a good idea to arrange a criminal attorney San Diego free consultation and inquire about the next step.

Upcoding

This is the process of healthcare providers trying to bill the patients for services or products that are more expensive and more complex that the ones that have actually been provided. There is always a possibility of this happening by accident, but more often, it’s intentional.

A common example is opting for a more expensive and invasive procedure, in place of an equally effective, but less complicated and cheaper one. In order to avoid this extremely tricky fraud, try asking for second opinions before making a decision about the procedure.

Unbundling

In order to maximize the profit, a service provider can attempt to bill a patient in a fragmented manner. It means increasing reimbursement for procedures or tests that should be billed as one by dividing them.

A usual type of this fraud is present when performing blood panel tests. While the cost of the entire panel should be under a single bill, the lab might attempt to increase profit by individually billing each test. If you pick the right lawyer, it is a fraud easily rectified after a criminal attorney San Diego free consultation.

Unnecessary services

This is probably the most unscrupulous example of just how far certain healthcare providers are willing to go for some extra profit. It involves unnecessary services and procedures on patients for unlawful financial gain.

One of the most extreme cases is from 2015, when a doctor received a 45-year prison sentence for chemotherapy treatment of patients who were cancer free.

The usual instances of this fraud are not so severe. For example, a surgeon might suggest an invasive knee surgery before exploring other options. This presents an enormous trust abuse, increases the patient’s bill significantly, and is a breach of the doctor’s ethics.

Doctor shopping

This one is on the patients. It is a practice of patients visiting several doctors to obtain more than one dose of a controlled substance. The drugs obtained are either distributed to others for illegal financial profit, or overused by the patient.

There are measures that providers take in order to limit doctor shopping, but there are also providers with no safeguards in place. This remains a substantial issue that cannot be resolved easily without joint efforts on part of both the providers and the beneficiaries.

Identity theft

The occurrence of identity thefts in order to reap the benefits of medical insurance has become increasingly prominent since the digitization of PHI – personal health information.

The percentage of medical identity theft has risen to 21% in the last year, costing the afflicted person $13,500 on average to fix. Criminal attorney San Diego free consultations always help, but the costs are still great.

In need of a criminal attorney San Diego free consultation? Look no further!

Vik Monder of Monder Criminal Lawyer Group is the leading expert in the field of criminal law. His integrity, honesty, as well as his impeccable record make him the most sought-after criminal attorney in the San Diego area. Attorney Monder provides free consultations, so feel free to contact him if you have been involved in a healthcare-related fraud issue.

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Where to Look for a Criminal Lawyer in San Diego

Did you know that the U.S. boasts 70% of the world’s lawyers? The rate is somewhat lower for criminal lawyers. There are plenty of attorneys in San Diego, so if you’re looking for a criminal attorney, you would say that finding a great one would be a piece of cake.

Sadly, it almost never is. You mustn’t choose just about any criminal lawyer – you should choose a criminal lawyer San Diego residents trust.

Here’s where to look for a criminal lawyer and single out the best one.

Online search

One of the first things to do is perform a simple search in Google. Type in ‘’criminal lawyer san diego’’ or ‘’free consultations criminal lawyer san diego’’ in Google search and inspect the results you get.

There are many factors that determine who will be at the top of local searches. Top positions mean that an attorney office takes online marketing seriously and works on optimizing their website. They keep up with the times and try to spread the word about their services to as many people in need as possible.

Still, you should use these search results as starting points. Once you have a few names, you should do further research before scheduling an appointment.

Online lawyer locator service and legal directories

You should look for lawyer locator services like Martindale-Hubbell – search by practice area, like criminal defense, or your local San Diego area. This online locator contains the information about more than a million lawyers and law firms in over 160 countries. However, these can all be pretty basic information.

There are also many for-profit online resources for you to explore, such as lawyers.com, legalmatch.com, attorney.locate.com, attorneyfind.com.

San Diego County Bar Association

San Diego County Bar Association aims to serve the San Diego community by being SDC’s legal representative in matters such as enhancing the legal system, promoting justice, respect for the law, and professional excellence of attorneys and legal representatives.

SDC Bar Association offers information on different areas of the law; you can get informed and know exactly what type of criminal lawyer you need. Additionally, the Association also operates a San Diego Lawyer Referral Service, so you can contact them to get connected with a qualified criminal attorney.

Referrals/word of mouth

Perhaps the best and most reliable way of finding a great criminal lawyer San Diegans rely on is word of mouth. Ideally, you would talk directly to someone who’s had a positive experience with a lawyer, and they will refer the lawyer to you. Ask around – your relatives, friends, neighbors, acquaintance, they may have the answer. You may be reluctant to tell anyone about your criminal charges, and understandably so. Ask for referrals only from the people on whose discretion you can count.

Go-To Criminal Lawyer San Diego

Vik Monder is an award-winning criminal and DUI attorney, renowned in San Diego County for his commitment, professional excellence and integrity. When results matter, Vik Monder should be your first choice.

Attorney Monder also offers free consultations, so feel free to reach out and discuss your options. The consultation doesn’t establish the attorney-client relationship, so don’t hesitate to schedule your appointment by calling 619-405-0063.

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The Difference between a Cheap and Affordable Criminal Defense Attorney San Diego

Being involved in a criminal proceedings can prove really expensive, regardless of whether you are pressing charges or being charged. It seems only natural that the first search string to insert in Google would be ‘’affordable criminal defense attorney san diego’’. Seeing as the price of the service is an important factor, many people take it as the only factor in choosing a criminal defense lawyer. This is a mistake, as there are other features that should inform the decision.

That in mind, many people mistake ‘’cheap’’ for ‘’affordable’’. While you should do your best to find a lawyer who wouldn’t rip you off, be wary of lawyers who offer a really low price for services. They may be trying to compensate for the lack of expertise or experience with a seemingly competitive price.

Here are some guidelines that can help you distinguish between an affordable criminal defense lawyer and a lawyer that’s simply cheap.

The state of their offices

An attorney doesn’t have to have modest premises to be able to offer affordable rates for services. Also, there are some red flags that have nothing to do with how lavishly their offices are furbished.

Empty offices

A lot of empty offices can mean that the criminal attorney you’re thinking of hiring has a high employee turnover. That isn’t a red flag per se, but can indicate poor management or financial difficulties.

State of disrepair

Part of what makes an excellent lawyer is the image they project, especially the lawyer who you would like to represent you in court. They should command respect with appropriate attire and attitude. If the furniture in their offices is dilapidated, it is unlikely they pay necessary attention to the impression they make.

Unkempt office

A disorderly office full of clutter is a clear sign of disorganization and possibly inefficiency. Sure, some San Diego criminal attorneys may thrive in chaos, but there is always a risk of losing important documents, thus directly jeopardizing your case. A regular maid service is not really an expense.

Their staff

An affordable criminal defense attorney San Diegans trust rarely works alone. They usually have a team by their side. That’s why you should pay close attention to the lawyers’ staff.

They look dissatisfied

If you sense low office morale or genuinely unhappy staff members, it may be a sign of poor attorney-staff communication or even mistreatment on the attorneys’ part. The employees may be bullied, verbally abused or simply talked down to – leading to their dissatisfaction with the job and ultimately – a lack of real commitment to any case at hand, including yours. If they don’t have experience in the specific legal field you need, like expungement or fraud, you should be wary of taking them on.

Not enough staff

As stated above, a criminal defense attorney rarely works alone. Even though they do the most important part themselves, they typically rely on the team for everyday operational activities. A lack in staff members may indicate financial difficulties. However, there are attorneys who prefer working with a limited number of handpicked staff. It would be wise to discover which holds true for the criminal defense attorney you’re thinking of hiring.

Their billing practices

There can be so many red flags regarding the lawyer’s billing practices. Here are some of them.

Lack of transparency

The legal bill you will incur should be explained to you in detail. There are different tasks and processes a criminal defense attorney will perform in a San Diego criminal proceedings. These will be the tasks the lawyer has already performed, so they should be able to tell you exactly what they will do and what you would have to pay.

Hidden expenses

Some San Diego criminal defense attorneys only offer a seemingly low price for services, only to charge you more later. They try to hook the clients by offering cheap services, while ‘’forgetting’’ to mention additional expenses until it’s much too late. That is why it’s important to know the process in detail and know how much you would need to pay for individual services, tasks and procedures a lawyer will carry out.

No-Hidden-Charges Affordable Criminal Defense Attorney San Diego

Vik Monder of Monder Criminal Lawyer Group is a leading criminal defense attorney in San Diego. His clients respect and trust him because of his honesty, impeccable references and ethical integrity. Attorney Monder offers free consultations, so feel free to reach out and talk your case through.

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Questions to Ask a Criminal Attorney (Part 2)

In our previous article, we’ve laid out a couple of important questions to ask an attorney during an initial free consultation. If you still think it’s enough to simply type in “affordable criminal attorney san diego” in search and call the first one that appears, this article offers additional aspects for you to consider before actually hiring a lawyer to represent you.

Read on for more questions to ask a criminal defense attorney at the initial consultation.

How long have you been a criminal attorney?

While a brand-new attorney may have thorough knowledge of the criminal justice system and criminal law, having genuine experience should count as more important. Years of experience are directly related with how much experience an attorney possesses. Nevertheless, more experience doesn’t necessarily mean more successful outcomes. So, while years of experience count, make sure you ask about specific experience in handling cases like yours.

Do you have in-court experience?

It’s important to know that a criminal case does not have to be resolved only by going to court. Some cases can be resolved through plea bargains. However, the attorney you want to hire will have ample in-court experience alongside settling the cases through plea bargains. If your case gets complicated, settling it through a plea bargain may not be an option. That is why it’s important to establish whether the attorney you are about to hire has sufficient in-court experience.

What are my obligations?

A reliable and affordable criminal attorney in San Diego should outline what may be expected of you prior to or during the criminal proceedings. For example, you may be required to submit certain documents, such as record of prior convictions, outstanding warrants, etc. After analyzing your case, the attorney should also tell you if there are any documents you can provide them with that can help them build a better case.

In some cases, you may have to disclose personal information you are uncomfortable with. This can be an obligation you should be aware of and ask about.

Will there be any additional fees?

One of the most important things to ask is how much you will be charged for the attorney’s services. Apart from learning the basic fee, you should inquire about additional fees. These can include fees for filing complaints, motions, and briefs. Perhaps these miscellaneous costs will actually be included in the overall fee. To know for sure, you should definitely ask.

Why do I need you?

While this question may seem odd and may be answered by sheer common sense, it should be asked. If you are charged with a crime, you know that you can’t represent yourself in the court of law. But have you stopped to think what exactly the attorney does that you can’t do yourself? The attorney of your choosing should be able to explain that to you. If they can explain exactly what they do to help you so that you can understand it, you will feel much more at ease and in control of your case.

Affordable Criminal Attorney San Diego Trusts

Monder Criminal Lawyer Group boasts a reputable criminal defense attorney renowned for his fierce and skillful representation – Vik Monder. Attorney Monder has abundant in-court experience and a track record of successful outcomes in a variety of criminal proceedings. Reach out at 619-405-0063 and schedule a free consultation with San Diego’s #1 criminal defense attorney.

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Questions to Ask a Free Consultation Criminal Attorney (Part 1)

To claim that the choice of attorney to represent you can make or break your case is not an exaggeration. Who you choose to handle your criminal case is of vital importance, so it’s not a decision to take lightly.

Luckily for you, San Diego boasts a reliable free consultation criminal attorney Vik Monder, well-known not only for his experience and skill, but also for the effort to educate the general public on the criminal justice system in San Diego and any specific aspects that might concern them. The official Monder Criminal Lawyer Group blog was set up with this idea in mind.

This article specifically aims to inform the public about the essential questions to ask when visiting a free consultation attorney in San Diego or elsewhere.

Is your practice focused on criminal law?

There is a huge difference between hiring an attorney who works in the area of ‘’General Practice’’ and hiring a criminal attorney. Put simply, an attorney who possesses a law license can represent you in the court of law. However, this doesn’t apply they have the relevant knowledge or experience in the area of criminal law. This type of attorney is the jack of all trades, and while that is not a negative thing per se, you stand better chances of a favorable outcome in a criminal proceedings if you hire an attorney who specialized in criminal defense.

Before visiting a free consultation attorney, take a look at their website. The website should list the practice areas the attorney works in, and display ‘’criminal attorney’’ or ‘’criminal defense attorney’’ on the website’s main page.

If you are looking for a criminal attorney, then you shouldn’t visit an attorney whose website states they focus on divorce or accident cases. Some areas of criminal law practice include: assault, domestic violence, fraud, driving offenses, sex crimes, and military offenses, among others.

Do you have experience with cases like mine?

When hiring a criminal defense attorney, your best bet is usually an attorney who has already handled cases like yours. What’s more, you would want to hire a lawyer who has handled several cases like yours with a successful outcome. While thorough knowledge of criminal law is important, experience is vital. In fact, knowledge of criminal justice law is a prerequisite, rather than an added bonus. Experience, on the other hand, shows the way a lawyer was able to apply their knowledge in practice.

However, previous successful outcomes don’t mean a lawyer can guarantee they will win your case. It’s ill-advised to give guarantees of any kind, as seemingly similar cases can (and did) have different outcomes. The variables are many, so you should rely on the attorney’s estimate of the most likely outcomes. Don’t look for promises but instead focus on learning how the attorney handled cases like yours and why. Let them talk you through different processes as much as they can – mind you that a reliable lawyer respects the attorney-client privilege and cannot reveal sensitive particulars of past cases.

Will you be handling my case or someone else from your team?

A free consultation criminal attorney may not be able to answer exactly who would be handling your case on the spot. However, you should know who will be responsible for your legal representation before you decide to go with a particular law firm. The lawyer who first interviewed you may not be the same one handling your case. If that is the case, you should know in advance.

Furthermore, you shouldn’t be shy to ask to meet the person who will be directly handling your case. Establishing a rapport and a relationship of trust is instrumental in a criminal case. You should speak openly in front of your attorney so they can have all the facts and represent you better. And it might be challenging to do that if you haven’t established a positive relationship with the criminal lawyer beforehand.

Trusted San Diego free consultation attorney answers all your questions

Vik Monder from Monder Criminal Lawyer Group is an experienced criminal defense attorney with an impeccable track record. Attorney Monder also has a reliable professional team by his side. If you are in need of a criminal lawyer, schedule a free consultation with Vik Monder at 619-405-0063 and you are sure to get detailed answers to all your questions.

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Vehicular Manslaughter Cases in San Diego When Drugs Are Involved

The amount of drug and alcohol related car accidents are on the rise in San Diego. Many of those accidents result in a fatality. The fatality may occur when the driver kills a pedestrian or a passenger in the vehicle. If someone dies at the scene of the accident or at a later time as a result of the accident, then you can be charged with vehicular homicide or manslaughter in San Diego. 

Vehicular Manslaughter

In San Diego, you can face vehicular manslaughter charges if your behavior causes the death of another person. If you intentionally kill another person, then you will face charges for homicide. However, when you unintentionally cause the death of another person, then you are more likely to face charges for manslaughter. Based on this reasoning the unintentional killing of another person while operating a motor vehicle will result in vehicular manslaughter charges. This means that the prosecution does not need to prove that you knew someone would have died as a result of your behavior. This is not premeditated behavior or an intentional act that would require the prosecution prove mental state. The only mental state element will be based on the negligent operation of the vehicle. Often times a forensic toxicologist will be called in order to provide the jury an understanding of your behavioral patterns and potential intoxication prior to the accident.  

Vehicular manslaughter, as defined in California Penal Code 192(c) PC, occurs when you meet every element described below:

1) Drive a motor vehicle;

2) While engaging in unlawful and/or negligent conduct; and

3) Cause the death of another person.

As the elements of the charges exist there can be a variety of different ways that can result in criminal charges being brought for vehicular manslaughter. Vehicular manslaughter is considered a wobbler offense and can be charged as a misdemeanor or felony. The prosecution will have to focus on the severity of conduct that was unlawful which would be whether a jury can determine if the driving could be considered ordinary or gross negligence.  

What is the variations of negligence in a Vehicular Manslaughter case in San Diego?

The worst type of negligence in a vehicular manslaughter case is gross negligence. On the contrary, the minimal type of negligence that exists in a vehicular manslaughter case is ordinary negligence. 

How does Negligence Occur in a Vehicular Manslaughter case in San Diego?

Negligence will happen when there is a duty of care owed to others that has been disregarded. The most important duty is to care for any driver who drives on our public roadways here in San Diego either on the Interstate I-5 or I-8 or I-94 or I-56 where a potential accident can occur. This duty extends to pedestrians and workers that are present as well along our public roadways that may not be driving at the time. The proximity of harm is not limited to just where an accident may occur on a roadway, but foreseeable harm extends to areas that result from driving in a reckless disregard for others off the roadways as well. With our duty to be mindful and cautious of those around us in our proximity, we must obey all traffic laws and operate out vehicles in a safe and protected manner. Negligence is easy to show when once deviates from the reasonable standard out society places on us while we drive. Often times we get clients who have suspended licenses for DUIs and other traffic violations and the prosecution uses this information to enhance punishment given the fact the disregard to public safety has been an ongoing behavior before any accident occurred. The prosecution will rely heavily on an individual’s driving record to prove their case for negligence even if the actual accident did not result due to the wanton disregard for others.

What are other types of Negligence in Vehicular Manslaughter cases in San Diego?

Gross negligence is another type of negligence that occurs when an individual has the knowledge that their driving will result in a high risk of death or great bodily injury to others. This is often the more serious type of negligence because it is based on the mental state of the defendant where he must have known or failed to acknowledge that his behavior would result in the high risk of death and/or bodily injury to another. The is not mere carelessness like ordinary negligence. Often times gross negligence will be filed as a felony charge because of the seriousness of the injuries involved and the blatant disregard for human life. Most people that fall within this category are under the influence at the time of the accident and have no knowledge of the consequences of their actions until they are sober. This is the most serious type of conduct that can result in a vehicular manslaughter charge in San Diego.

This is a subjective test to differentiate between gross negligence and ordinary negligence. However, the reasonableness of the conduct would be based on the circumstances surrounding the actual accident. This is important to make sure the prosecution understands the dangerousness of certain roadways and the frequency of accidents within certain areas.   

What are the Penalties for getting into an Accident where someone Dies as a result?

This depends on several factors and these charges under vehicular manslaughter may be brought as either a felony or misdemeanor. Prior criminal records involving similar conduct or other serious conduct will typically elevate a misdemeanor charge into a felony charge. Also, mitigating factors may reduce a felony charge to a misdemeanor charge as well. This is where we spend most of the time as San Diego Criminal Defense Lawyers providing mitigating documentation to the prosecution to get the charges reduced or dismissed. 

Misdemeanor Vehicular Manslaughter will occur if your conduct is considered ordinary negligence. Unlike felony cases where the conduct would be gross negligence where one has shown a wanton disregard for the safety of others. Most people will not go to jail on a misdemeanor offense. However, there may be serious DMV consequences as result of a conviction for vehicular manslaughter. Most felony cases will result in a prison or formal probation commitment. Often times the DMV will revoke the individuals privilege to drive after a conviction is finalized.

It is important to know that if you have a prior DUI and you are under the influence at the time of driving for the vehicular manslaughter charge, then you will be charged with first-degree murder. The minimum sentence for a first-degree murder conviction is 25 years in prison to life.

What DMV consequences will you face as a result of a Vehicular Manslaughter conviction in San Diego?

These convictions often result at a minimum license suspension. Often times the suspension period will last one year. However, if the conduct is serious the license suspension period may be longer or will result in a negligent operator hearing with Driver Safety at the DMV. The hearing officer can revoke an individual’s privilege to drive if the conduct falls within what they would consider gross negligence. It is important to hire a lawyer who is competent in fighting the DMV proceedings at the negligent operator hearing as well as fighting the criminal proceedings in court.       

Fighting Vehicular Manslaughter Charges in San Diego

If you are facing serious charges in San Diego, attorney Vik Monder should be at the top of your list. Attorney Vik Monder has extensive experience fighting the DMV and the prosecutor on cases that involve vehicular manslaughter. Furthermore, he is the leading legal analyst on this subject matter for local news networks. Feel free to contact attorney Vik Monder to discuss the details in your case at 619-405-0063 or visit www.monderlaw.com