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How to Pick a Lawyer that Stands the Best Chance of Winning Your Case

When in need of a criminal lawyer to represent you, be sure of one fact – the choice of lawyer can make or break your case. There are many factors to consider when making your choice.

We’ve already talked about what makes a great criminal defense lawyer. That in mind, it’s important to understand that you need to think beyond finding an affordable criminal lawyer San Diego residents trust. Here’s how to find the perfect fit for you and your case.

Experience relevant to your case

A criminal lawyer’s reputation can be built on more than just their experience. In some cases, it’s the passion for the law and the consideration they show their clients that make the difference. Nevertheless, experience matters.

Although years of experience are important, your choice should be guided by how much experience a criminal lawyer has in handling cases like yours. You may need a lawyer conversant with juvenile crime cases or specializing in DUI charges, or something else. Make the choice based on experience relevant to your case rather than years of general experience.

Reliable legal team

An affordable criminal lawyer San Diego residents rely on typically has a team behind them. As you rely on your lawyer, they may rely on their team for research and other assistance. Therefore, you could ask to meet the legal team that would be working on your case. This may include other lawyers, administrative staff and other members of the team.

A lawyer you can understand

Would you feel comfortable if your lawyer used the legal lingo all the time while talking to you about your case? It is unlikely that you would. You should be able to understand the details of your case. If you don’t, you are bound to feel uncomfortable, insecure and ultimately afraid of the unknown. All of the above can interfere with your rational judgment and maybe even damage your case.

Don’t fall for false promises

No matter how good a criminal lawyer is, they shouldn’t give you guarantees that they can win your case based on their reputation or knowledge only. Similar cases can lead to different outcomes. A lawyer’s knowledge and experience are extremely important, but so are the preparation, research and overall commitment to finding solutions tailored to your specific case. Make sure the lawyer explains how they would go about handling your case. A solid defense strategy is what should reassure you, not empty promises.

Trust your gut feeling

Even though you should be making rational rather than emotional decisions regarding your criminal case, you are allowed this one exception. When comparing one affordable criminal lawyer in San Diego with the other, factor in how each makes you feel. Do you feel comfortable and safe? Or does the lawyer make you uneasy? Mind you, your chosen criminal lawyer should be your legal representative but also your advisor, a person you should tell the whole truth to about your case. Therefore, it’s vital that you feel comfortable with your decision.

Affordable Lawyer San Diego with Relevant Experience

Monder Law Group boasts one of the best criminal lawyers San Diego has to offer – Vik Monder. Not only is attorney Monder the go-to criminal defense lawyer, he also works with an outstanding legal team. He has a passion for law and a personal commitment to promoting justice and defending the rights of his clients. Schedule a free consultation at 619-405-0063 – choose uncompromising legal representation.

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Miranda Rights 101 Explained by a Trusted San Diego Criminal Lawyer

“You have the right to remain silent. Anything you say can and will be used against you in a court of law …” Even if this hasn’t been said to you directly, you must’ve heard it countless times in popular police and detective dramas on TV. Many people recognize the sentences as Miranda rights read out loud, but their knowledge extends only so far.

More disturbingly, there are a few common misconceptions surrounding Miranda rights. For example, many people believe that a police officer is required by law to administer Miranda rights to every single person they stop or talk to. That is why it’s essential that you turn to a free consultation criminal lawyer San Diego residents trust for accurate information and clarification that can help your case.

What are Miranda rights?

The Miranda Warning, also referred to as Miranda rights, is basically a ‘’right to silence’’ given by police officials to criminal suspects in police custody. The Miranda Warning is given before any criminal interrogation is initiated so the statement obtained by the suspect could be admissible in criminal proceedings.

Police officers warn the individual about to be interrogated of their right to remain silent, as well as the right to contact a lawyer. They have to make sure that the individual understands that everything they say can be used against them in the court of law. Additionally, if the individual cannot afford a lawyer, they have the right to be provided with one before the questioning, if they so choose.

Miranda Rights are administered in order to safeguard the suspect’s Fifth Amendment rights during direct questioning in custody or its equivalent. Every individual has the right to protection against compelled self-incrimination, which is why law enforcement officials are required to administer the Miranda Warning under certain circumstances.

If you need further information and clarification, contacting a free consultation criminal lawyer San Diego residents trust is advised.

When do Miranda rights need to be said?

A common misconception is that law enforcement officers are required by law to administer Miranda rights in all interrogatory circumstances, including stopping an individual on the street and asking for their identification information. Namely, as of 2004, police officers can ask an individual to provide their biographical information without administering their Miranda rights, as allowed for by state ‘’stop and identify’’ laws upheld by the Supreme Court.

Law enforcement officers are, however, required to provide an individual with spoken Miranda rights if the individual is considered a suspect and is in police custody. The officers have to provide the suspect with their Miranda rights before the questioning begins. However, the suspect does not need to be arrested for the rule to apply. If the suspect’s freedom to leave the situation is restrained (as assessed by a reasonable person), the police officer has to administer Miranda rights to the suspect before starting to ask questions.

Is it legal to question someone without their attorney present?

It is legal to question an individual even if their attorney isn’t present. It remains legal as long as the suspect hasn’t been formally charged of a crime and they feel they are free to leave at any time. Note that the person can be arrested but not formally charged. This means that the police have the right to interrogate them without an attorney present, as long as they have provided them with the Miranda Warning.

An individual being questioned can waive their Miranda rights and choose to answer questions without an attorney present. Nevertheless, if the suspect asks for an attorney, the police have no right to ask additional questions before the attorney arrives. This right is known as the ‘’right to counsel’’ and is guaranteed by the Sixth Amendment.

For more information and clarification, contact Vik Monder, a free consultation criminal lawyer San Diego residents rely on.

Why do Miranda rights matter?

Miranda rights protect individuals being interrogated from self-incriminating. As long as the suspect is aware of their Miranda rights, everything they say can and probably will be used against them during criminal proceedings.

However, if the suspect can prove that the incriminating information they divulged was given because they were threatened or otherwise coerced by the law enforcement officers, the information couldn’t be used in the court of law.

#1 Free consultation criminal lawyer San Diego can provide invaluable help

If you have reason to believe that you have been coerced into providing self-incriminating information or you believe your Miranda rights have been violated, turn to the best free consultation criminal lawyer San Diego has to offer – Vik Monder. Attorney Monder is a relentless fighter for justice who employs his knowledge and experience in providing aggressive representation for each and every client. Contact Monder Law Group today at 619-405-0063 and schedule a free consultation.

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Record Deaths from Meth in San Diego Call for Drastic Measures

Earlier this month, the San Diego County Methamphetamine Strike Force released the finding of a study conducted on the use of methamphetamine. The study has uncovered a record number of deaths from methamphetamine in 2016, with as many as 377 fatalities. The recorded tally is higher than in 2015 by 66 fatalities.

Once considered the ‘’meth capital of the world’’, San Diego is experiencing a frightening rise in methamphetamine abuse once again. This highly addictive drug is taking its toll on an increasing number of San Diego families. To say that the trend is alarming would be an understatement. The authorities have already stepped up and taken measures to connect more addicts with treatment programs.

Logically, the increase in the number of fatalities went hand in hand with the increased number of arrests for methamphetamine abuse, possession and selling. As many as 56% of all adult arrestees tested positive for meth in 2016, compared to 49% in 2015. The number of juvenile arrestees who tested positive for meth also rose from 8% in 2015 to 14% in 2016. As for the arrests for methamphetamine possession and selling, the number jumped from 6,849 to 8,428 in a single year.

The trend suggests that more and more people will be looking for a criminal defense attorney San Diego residents trust to secure a solid defense in the upcoming period.

Penalties for Meth Possession in San Diego

In the light of the recent government study findings, Vik Monder, a criminal defense lawyer San Diego arrestees often turn to, realizes the need for educating the public on the legal repercussions of drug possession and selling charges.

If you are arrested for methamphetamine possession in San Diego, you will be charged for a misdemeanor. If found guilty, the charged faces the penalty of up to one year in jail or a fine of $1,000. Probation is possible, provided that the charged enters a substance abuse treatment program.

Penalties for Meth Sale and Distribution in San Diego

The person found to be in possession of meth can be charged with a felony if the prosecutor is able to prove that the charged intended to sell or otherwise distribute the methamphetamine. There are several pieces of evidence indicative of the intent to sell the drug:

• the suspect had a large amount of meth in their possession
• the suspect had a scale
• the meth found in the possession of the suspect was divided into small packages
• the suspect had an unusually large amount of cash in their possession, along with the methamphetamine

The penalties for this type of felony can be jail time in the duration of 16 months to 3 years, or a fine of up to $10,000.

Applicable defenses

As methamphetamine is one of the most severely controlled drugs in California, the authorities make it a priority to curb its sale and distribution. To that end, finding and prosecuting meth dealers and users is constant and thorough. Unfortunately, it’s not uncommon for innocent people to get charged. That is why it’s imperative they hire a skilled and experienced criminal defense attorney who will provide aggressive representation.

As the ‘’hunt’’ for meth users and dealers is expected to become more intense in the following period, a certain dose of aggressiveness can also be expected from law enforcement officers. Sometimes a member of the law enforcement can unintentionally violate the suspect’s constitutional rights. If the defense attorney is able to prove that, the charges can be dismissed altogether before the criminal proceedings even begins.

Other applicable defenses include:

• the substance found in the possession of the suspect was not meth
• the suspect did not have actual or constructive possession over the drug
• the suspect was unaware that the drug was in their possession or had no knowledge of the possession being illegal

If the chances of the charges being dropped are slim, the criminal defense attorney can negotiate a plea bargain with the prosecutor. If the suspect is found guilty, the defense lawyer can advocate a lenient sentence. To be able to do that, the attorney would have to prove that certain mitigating factors apply to the defendant’s case.

Top Criminal Defense Attorney San Diego

Vik Monder is a trusted San Diego criminal defense lawyer who is uncompromising in securing the best possible defense for his clients. Knowing the ins and outs of applicable defenses for the possession of methamphetamine and equipped with plenty of hands-on experience, attorney Monder is a safe and reliable choice.

Reach out to Monder Law Group at 619-405-0063 for a FREE consultation.

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Aftermath of December Fires: Telephone Scams On the Rise

After a series of wildfires has spread and been contained across Southern California earlier this December, a number of telephone scams have been reported in San Diego. Namely, telephone scammers are using the recent fires in order to extract money from unsuspecting citizens. They claim to be calling on behalf of the fire fighting service, asking for donations. San Diego city officials warn the general public not to fall prey to these scams.

Even though telephone scams are not a novelty, in times of crisis such as this, the general public is urged to help as much as possible, so they often pay little attention to where their money is directed. Luckily, the officials have detected the scams before they had the chance to escalate, and measures have been taken to inform the general public.

Additionally, the officials claim that this kind of soliciting is never done by phone, so if the caller is asking for donations, it’s likely that they are operating a telephone scam. The officials also suggest that the callers may be identity thieves trying to swipe personal information they could later employ to access bank accounts, misuse credit cards, etc.

Identity theft is a serious issue, since the scammer can misuse the victim’s personal information and commit a crime for which the victim would be charged. Vik Monder, a reputable criminal lawyer in San Diego, has extensive experience with defending the victims of identity theft who have been charged with crimes they did not commit. Monder strongly suggests caution when relieving personal information, especially if solicited via telephone or online.

All San Diegans who wish to make a donation are urged to read through the Donation Tips published on the California Attorney General’s official website. The takeaways are as follows:

• It’s important to check the registration status of the charity or telemarketers; as all charities and telemarketers soliciting donations in California must register with the Attorney General’s Registry of Charitable Trusts, verifying their registration status should serve as assurance against a potential scam.
• Don’t make donations to unknown charities; it’s always best to give to charities that you are already familiar with or made donations to in the past. If you are not familiar with the charities operating in your city or county, consult the Attorney General’s Registry of Charitable Trusts.
• Always ask questions when solicited by phone; the telemarketer soliciting a donation should be able to answer all your questions regarding the official name of their charity, its registration status with the Attorney General’s Registry of Charitable Trusts, etc. Don’t forget to ask exactly where the donation will be directed (local fire fighter agency, for example), so you can contact the agency and verify the information.

The Attorney General’s office also warns against scammers who devise a name for their charity that sounds similar to a well-established charity. The Donation Tips also contain a separate section dedicated to making donations after a natural disaster or other tragedy. Additionally, the general public is explicitly urged to protect their identity – never relieve your social security number or credit card number, among other personal information.

Consult the Best Criminal Lawyer in San Diego

If you fear you may have fallen prey to an identity theft scam or have other legal concerns, turn to a trustworthy expert. Vik Monder is a San Diego criminal attorney dedicated to the community. He endeavors to raise the awareness of the general public about current issues and how they can negatively affect them. Should you need aggressive and uncompromising legal representation, you will find a reliable partner in attorney Monder. Call 619-405-0063 for a FREE consultation.

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San Diego Prop 64 Criminal Lawyer

Prior Marijuana Related Offenses Eligible for Relief Under Proposition 64

The specified marijuana related convictions that are eligible for Proposition 64 relief are as follows:

• Health and Safety Code Section 11357:

PRIOR TO Proposition 64:

If you possessed any concentrated cannabis, except as otherwise provided by law, you would be punished by imprisonment in the county jail for a period of not more than six months and/or by a fine of not more than $500 USD.

AFTER Proposition 64:

Possession, transportation, purchase, obtain, give without receiving compensation or process 28.5 grams or less of marijuana and 8 grams or less of concentrated cannabis by a person over the age of 21 years old.

• Health and Safety Code Section 11358:

PRIOR TO Proposition 64:

If you planted, cultivated, harvested, dried, or processed any marijuana or any part thereof, except as otherwise provided by law, you would be punished by imprisonment possessed any concentrated cannabis, you would be punished by imprisonment in the county jail for a period of not more than six months and/or by a fine of not more than $500 USD.

AFTER Proposition 64:

Possession, cultivation, harvest, dry or process six or fewer living marijuana plants and their products by a person over the age of 21 years old.

• Health and Safety Code Section 11359:

PRIOR TO Proposition 64:

If you possessed any marijuana for sale, except as otherwise provided by law, you would be punished by imprisonment in the county jail for a period of not more than six months and/or by a fine of not more than $500 USD. A felony would be punishable by a term of imprisonment in county jail for sixteen months, two years, or three years.

AFTER Proposition 64:

Possession, transportation, purchase, obtain, give away without receiving compensation, use or manufacture any marijuana accessories to a person over the age of 21 years old.

• Health and Safety Code Section 11360:

PRIOR TO Proposition 64:

If you helped or transported, imported, sold, furnished, administered, gave away marijuana, you would be punished by imprisonment in the county jail for a period of not more than six months and/or by a fine of not more than $500 USD. A felony would be punishable by a term of imprisonment in county jail for two, three, or four years.

AFTER Proposition 64:

Possession, transportation, purchase, obtain, give away without receiving compensation, use or manufacture any marijuana accessories to a person over the age of 21 years old.

If you have received a conviction for any one of these specific marijuana related offenses, you are eligible to petition the court for resentencing or a reduction from a felony to a misdemeanor under the Health and Safety Code Section 11361.8.

Understanding Proposition 64

Proposition 64 was enacted to legalize the possession, transportation, and distribution of eight grams of concentrated cannabis or one ounce of marijuana to adults 21 years of age or older. What this means for individuals that have previously been convicted for specified personal use and cultivation of marijuana is that Proposition 64 may offer you relief from the criminal penalties for specified marijuana related offenses. Pursuant to the Health and Safety Code Section 11361.8 there are two types of relief available for prior offenders of specific marijuana related offenses: reduction from a felony offense to a misdemeanor and resentencing.

The Implications of Proposition 64 for Reduction to Misdemeanor Relief

Pursuant to Health and Safety Code Section 11361.8(e) if you have completed your sentence for a conviction under sections 11357, 11358, 11359, and 11360, whether as a result of a plea deal or by being found guilty at trial, and you would not have been guilty of committing an offense or would have otherwise been guilty of a lesser offense had Proposition 64 been in effect at the time the offense took place, you may petition the court that entered the judgment of conviction in your case to have the conviction re-designated as a misdemeanor or an infraction in accordance with sections 11357, 11358, 11359, 11360, 11362.1, 11362.2, 11362.3, and 11352.4. In effect, Proposition 64 allows prior offenders who have been convicted for a marijuana related felony to petition the court that convicted you to have your criminal record amended to what it would have been in Proposition 64 had been in effect at the time of the offense.

The Implications of Proposition 64 for Resentencing Relief

Pursuant to Health and Safety Code Section 11361.8(a) if you are currently serving a sentence for a conviction under sections 11357, 11358, 11359, and 11360, whether as a result of a plea deal or by being found guilty at trial, and you would not have been guilty of committing an offense or would have otherwise been guilty of a lesser offense had Proposition 64 been in effect at the time the offense took place, you may petition the court that entered the judgment of conviction in your case to recall or dismiss your sentence in accordance with sections 11357, 11358, 11359, 11360, 11362.1, 11362.2, 11362.3, and 11352.4. In effect, Proposition 64 allows prior offenders who have been convicted and are serving a sentence for a marijuana related felony to petition the court that convicted you to have your sentence amended to what it would have been in Proposition 64 had been in effect at the time of the offense.

Denial of Proposition 64 Relief

The only times that a petition for relief under Proposition 64 is not granted is when the prosecution opposes your petition for relief and can prove by clear and convincing evidence that you are not in fact eligible for relief under Proposition 64. This evidentiary standard requires the prosecution to present the court with evidence that proves that it is highly probable that the factual contentions of the prosecution’s claim are true. It is a lesser standard of proof than proof beyond a reasonable doubt. Also, the court may deny your petition for relief under Proposition 64, if the judge determines that granting the petition would pose an unreasonable risk of danger to public safety. This occurs when the court considers that by granting your petition for relief under Proposition 64 you will pose an unreasonable risk of committing a new violent felony.

The Best Defense for Proposition 64 Relief

Do not waste any time, contact Monder Law Group today at (619)405-0063, attorney Vik Monder will personally review your conviction and immediately tell you if you are eligible for Proposition 64 relief. If you are we will petition the trial court that sentenced you for a resentencing or dismissal of your prior marijuana related conviction. The application process to petition the court for relief under Proposition 64 is very simple, it only requires your attorney to fill out the following forms. Once the court receives your application for petition it will presume that you are eligible for relief under Proposition 64 and grant the petition to recall or dismiss your sentence as legally invalid.

Sample Proposition 64 Petition Application

Answers to Common Proposition 64 Questions

• How does the Court determine if you pose an unreasonable risk of danger to the safety of the public?

Pursuant to Health and Safety Code Section 11361.8(b) when denying the petitioner relief under Proposition 64, the court in its discretion may consider your criminal history, the extent of injury to the victim, the length of prior prison sentences. Also, your disciplinary history and rehabilitation while you were incarcerated. As well as any other evidence the court, within its discretion, finds relevant in making the determination whether or not granting you a new sentence would result in an unreasonable risk of danger to the safety of the public.

• What are the implications of Proposition 64 for medical marijuana card holders?

The quantity limitations set forth by Proposition 64 do not apply to medical marijuana card holders. Pursuant to Proposition 215 medical marijuana patients with a doctor’s recommendation retain their existing rights to possess and cultivate as much marijuana as they need for personal medical use.

• What happens if you are caught consuming marijuana in a public place?

Marijuana consumption in a public place will result in an infraction and $100 USD fine. If you are caught driving with an open container of marijuana in a moving motor vehicle, this will be considered a driving infraction and result in a $250 USD fine.

• What marijuana related offenses are reduced from felonies to misdemeanors?

If you cultivate over six plans, transport over an ounce, make an illegal sale or distribution for compensation you will be charged with a misdemeanor offense.

Contact San Diego Prop 64 Criminal Defense Attorney Vik Monder for a FREE Consultation Today at: 619 – 405 – 0063

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What Makes an Excellent Criminal Defense Attorney in San Diego?

The choice of attorney you hire can make or break your case. If you are charged with a crime, regardless of whether you are guilty of innocent, you should always seek the services of a competent criminal defense attorney San Diego residents know and trust.

Here are the characteristics of a criminal defense attorney you can rely on to handle your case.

Has vast and relevant experience

When choosing a defense lawyer, experience is the determining factor. It goes without saying that a practicing criminal defense lawyer should have thorough knowledge and understanding of different laws. However, it’s the hands-on experience in dealing with a variety of cases that should really inform your decision.

An attorney that has ample experience with cases similar to yours is able to assess the situation thoroughly and quickly, anticipate possible problems and devise the best defense.

Vik Monder received a Master’s degree in criminal trial advocacy, gaining comprehensive knowledge of the rules of the criminal court. He was trained by professionals in the field who drafted the rules on criminal evidence so he had a direct insight into the subject. Furthermore, he has represented thousands of clients in San Diego and has dealt with a myriad of different cases, ranging from simple misdemeanors to complex felonies. He is a criminal defense attorney San Diego residents have grown to appreciate because of the insightful and tenacious legal representation he provides.

Is unbiased and understanding

A criminal defense lawyer you should choose to represent you should also be an individual who is able to put any personal bias aside. Such an attorney should approach you with understanding and compassion and try to understand your side of the story.

A trustworthy criminal defense attorney mustn’t let prejudice cloud their judgment. If an attorney is prejudiced against their client in any way or degree, they may not be able to perceive the case objectively and, therefore, may fail to explore all the options for a solid defense.

Vik Monder is an attorney who approaches each client with a healthy dose of understanding. As a result, there are no obstacles to his exploring all avenues and securing a positive outcome for his clients.

Offers free consultations

A reliable attorney should realize that the choice you are about to make is a vital one. The client-attorney relationship may be essential for the final outcome of the case. The client should be able to trust their attorney and feel comfortable of relating sensitive information to them. Therefore, prospect clients should be encouraged to consult different attorneys before deciding on the best fit.

That said, a criminal defense attorney you can rely on should provide free consultations that are not binding for the prospect client. If the client decides they want to go for another attorney, they have full right to do so.

Moreover, San Diegans sometimes consult an attorney even if they are not under investigation. They may simply need legal advice and clarification on certain legal matters. Vik Monder is a San Diego criminal defense attorney who understands that you may need to talk to different lawyers in order to pick the one to safeguard your freedom.

What’s more, attorney Vik Monder realizes that people often make mistakes and even break the law simply because of not being informed enough. That’s why he provides free consultation for prospect clients.

Commands respect

It’s important to choose an attorney who is well respected by his peers and in the courthouses throughout San Diego. An outstanding attorney should command respect with their knowledge and experience. Additionally, they should behave in a professional and respectful manner not only towards the judge but also toward their ‘’opponents’’ in court.

If you are seeking legal representation or legal advice, feel free to contact Vik Monder at Monder Law Group at 619-405-0063. Schedule a free consultation – let’s talk about how we can assist you.

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Here’s Why You Need a Criminal Defense Lawyer when Being Questioned by an Officer

There are several situations in which you can get questioned by an SDPD officer. The officer may want to inquire into your potential involvement in a crime, after which you can even get arrested – even if you are innocent. The experience can be very stressful and lead you to make a series of mistakes. That is why it’s essential that you know your constitutional rights. The best thing to do is to hire a criminal defense lawyer San Diego residents trust, who will make sure your rights aren’t infringed in any way.

Here’s what you need to know about being questioned by the police in San Diego, and why hiring a criminal defense lawyer is a smart move.

If you are stopped by an officer for informal questioning

SDPD officers have a duty to protect the community. They have the right to approach you on the street and ask you questions. However, this does not mean you are considered a suspect in a crime. Most people automatically assume the police is seeing them as a suspect, so they panic and sometimes even lie to the officers. Giving a false statement is seen as ‘’obstructing official business’’ and is definitely something to avoid.

So what can you do?

The simple answer is: remain silent. The ‘’right to remain silent’’ when being questioned on US soil is guaranteed by the 5th Amendment. In other words, you can choose not to answer questions the officers ask you. You should politely inform the officers that you intend to remain silent, as is your right.

During an informal interrogation, the police should either confirm or deny the suspicion they may have against you. They don’t have the right to force you to talk if you express your intent to remain silent. You can even end the interrogation by asking whether you are under arrest. If the answer is ‘’no’’, you can leave. If an officer tries to stop you, they are violating the prohibition against unreasonable seizures, as guaranteed by the 4th Amendment.

If you are interrogated after getting arrested

The ‘’right of silence’’ also applies to the situation in which you are placed under arrest. You should be aware that whatever you say, may (and probably will) be used against you in the court of law. That’s why a criminal defense lawyer San Diego residents rely on will tell you it’s best to remain silent.

You can get arrested even if you are not guilty of a crime. However, you may say things that can be used against you, which may lead to a criminal charge. You may be under a lot of stress and not even be aware how what you’re saying can hurt you. That’s why it’s absolutely necessary to remain silent and call a trusted San Diego criminal defense lawyer. They will talk you through the process, establish the facts and determine the best course of action.

If you are under investigation, but haven’t been arrested

If you have any reason to believe that the authorities have taken an interest in you or a member of your family, you should definitely consult a competent criminal defense lawyer. Explain your situation, and ask about what you should or shouldn’t do/say in case an officer stops you for questioning or places you under arrest. It’s best to be prepared because a single mistake can cost you your freedom.

It’s important to know that consulting a San Diego criminal defense lawyer is a smart move even if you are innocent of a crime. Expert guidance by an experienced lawyer will ensure that you are not misunderstood or coerced into saying something that can potentially harm you.

#1 Criminal Defense Lawyer San Diego

Vik Monder is the go-to criminal defense lawyer in San Diego. His impressive track record speaks volumes not only of his competence but also compassion and thorough understanding of the law. Attorney Monder makes sure the rights of his clients aren’t violated in any way and secures the best possible defense. He has a proven history of accomplishing his goals even when the odds were against him.

If you need a tenacious criminal defense attorney who will fight for your rights, contact Vik Monder at 619-405-0063 and request a free consultation.

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The New York Times Discovers Harvey Weinstein Paid Off at Least Eight Sexual Harassment Accusers

The New York Times has recently published previously undisclosed sexual harassment allegations against Harvey Weinstein, a renowned Hollywood movie producer. Earlier this month, Mr. Weinstein was terminated from The Weinstein Company after the details of three decades of sexual harassment allegations made against him by actresses and employees.

Mr. Weinstein is one of the co-creators of the Weinstein Company and has been one of the most influential movie producers in Hollywood for decades. Following the expose by The New York Times that detailed the sexual harassment allegations, Mr. Weinstein took an indefinite leave of absence, which was endorsed by the Weinstein Company board of directors, pending an investigation. As new information emerged, the board decided to terminate the executive’s employment at the company.

Weinstein’s criminal defense attorney has publicly criticized The New York Times. However, The New York Times stated they were ‘’confident in the accuracy of [their] reporting’’, as reported by Chicago Tribune.

The investigation conducted by The New York Times uncovered at least eight instances of Mr. Weinstein paying off his sexual harassment accusers. Namely, previously undisclosed allegations were discovered in interviews, legal records, emails and other internal documents, and were supported by the statements of two company officials who insisted on remaining anonymous.

In a statement to The Times, Mr. Weinstein apologized for the pain he might have caused, adding that he was taking a leave of absence to seek professional help and deal with the issue. Still, he denies many of the accusations made against him. He also stated that many claims made in a memo sent by Lauren O’Connor, a former employee at The Weinstein Company, were ‘’off base’’. In her memo addressed to several executives at The Weinstein Company, Mrs. O’Connor details the experience of Emily Nestor, another sexual harassment accuser, as well as her own.

Mr. Weinstein and his representatives have so far declined to comment on the alleged settlements. However, Charles Harder, Mr. Weinstein’s attorney, implied that any evidence of alleged settlements is ‘’not evidence of anything’’, as reported by The New York Times.

Ever since Mrs. O’Connor’s memo was written in 2015, other testimonials of Mr. Weinstein’s misconduct have emerged. A number of current and former employees of Mr. Weinstein stated that they were familiar with his inappropriate behavior, but few confronted him. As revealed by The New York Times, the employees at the Weinstein Company are prohibited by contract to criticize the company or its leaders in such a way that could jeopardize the company’s ‘’business reputation’’ or ‘’any employee’s personal reputation’’. The confidentiality clause may be one of the primary reasons for alleged victims’ and witnesses’ silence on the matter.

Top Criminal Defense Attorney San Diego

Vik Monder is an experienced criminal defense attorney San Diego residents rely on for aggressive legal representation. For further clarification on sex crimes law in California, sex offender registration and other aspects or criminal law, schedule a free consultation at 619-405-0063.

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Las Vegas Shooting Reopens Debate on Stricter Gun Control at Federal Level

The recent Las Vegas, Nevada mass shooting is already considered the deadliest mass shooting in modern US history. With 59 people murdered and hundreds injured, the horrible event raised a number of issues but one in particular: the need for reevaluating gun control laws and regulations at the federal level.

Namely, what was shocking to many is that the Las Vegas shooter used semiautomatic rifles outfitted with a bump fire stock (bump stock for short) – an aftermarket rapid-fire tool that could be purchased online for as little as $99. Moreover, at the federal level, the device is legal. In California, however, bump stocks are considered illegal.

A bump-stock is a rapid fire device that enables a semiautomatic rifle to fire at near automatic speed, that is – almost like an automatic rifle. The stock and the pistol grip are removed from the semiautomatic and the bump stock modification is attached. It takes only a couple of minutes to make the alteration. The shooter pushes the front grip forward repeatedly to fire multiple shots.

Since a special license is required in order to carry an automatic weapon, the bump stock is one of the ways to bypass this regulation. The owner of a semiautomatic rifle can easily (and cheaply, too) outfit the rifle with a bump stock and get a rifle that can mimic the rapid fire of an automatic rifle. Technically, the rifle is still considered a semiautomatic, so the owner is not breaking the law.

In 2013, Sen. Dianne Feinstein, D-Calif., called for revisiting the ban on assault weapons, including a proposition to ban bump-fire stocks. The proposition was defeated but recent events have triggered the gun control debate once again, with Feinstein introducing a bill to ban bump-fire stock devices nationwide.

At the moment, 24 Democratic senators are co-sponsoring the bill, whereas the majority of Republican senators have shut it out, calling the ban ‘’premature’’. Senate Majority Leader Mitch McConnell, R-Ky. feels that it’s not only premature but also inappropriate to politicize the Las Vegas shooting, considering that the investigation is yet to be completed.

Additionally, few legislators and firearm experts are convinced that the proposed legislative solution could prevent a future event similar to the Las Vegas shooting. Still, the issue is being considered by a number of conservative Republican senators, so we’re yet to see the result of the debate.

In California, bump stocks are placed under the banned category of “multiple burst trigger activators”. There’s an ongoing debate whether the device is actually illegal in California, although it’s generally considered illegal. If you want to find out more about the legality of bump stocks or gun control laws in general, consult a criminal attorney San Diego residents trust. With the extensive knowledge of the law and a vast hands-on experience in criminal defense, a reliable San Diego criminal attorney can provide accurate information and interpret the regulations that relate directly to you.

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Can a Crime Victim ”Press” and ”Drop” a Criminal Charge?

One of the most common misconceptions surrounding the San Diego criminal justice system is that an alleged crime victim has the direct power to ”drop the charges” against the abuser. It is not uncommon for a victim, also referred to as a complaining witness, to decide they don’t want to ”press charges” against the abuser. From what we often see in detective TV shows, it appears that all it takes for the charges to be ”dropped” is that the victim says they don’t want to ”press” them. However, this is not how the process of filing or dismissing charges works.

Instead of relying on TV shows, you should always consult a criminal lawyer in San Diego for accurate information and guidance on legal issues.

Who issues/dismisses criminal charges?

Contrary to popular belief, the alleged victim doesn’t have the discretionary power to issue or dismiss a criminal charge. In other words, if they don’t want their abuser to be arrested and prosecuted, it doesn’t mean they are a decisive factor in the matter. In the State of California, issuing and dismissing charges is within the sole discretion of the prosecutor.

Nevertheless, the victim’s wishes and opinion are taken into account by the prosecutor. They can influence the prosecutor’s decision to file a charge or not, although it’s ultimately the prosecutor who has the discretionary power in this stage of the case.

What happens when the police arrives?

After a crime has been reported and the police officers arrive, the first thing they do is ascertain whether the crime has indeed been committed. The officers have to make a judgment call and determine whether a probable cause for the crime exists. If they establish a probable cause of the crime that was reported, the abuser is most likely to get arrested on the spot. Mind you that getting arrested doesn’t translate as being charged with a crime.

The police officers have to report the on-site investigation they conducted, regardless of whether an arrest has been made. The written report can also contain pictures as well as statements from the alleged victim and third-party witnesses, if there were any present.

What happens to the police reports?

In most cases, the reports are forwarded to the prosecuting agency. In San Diego County, there are two prosecuting agencies the reports are forwarded to:

• San Diego City Attorney’s Office: for misdemeanors occurring within the San Diego city limits;
• San Diego County District Attorney’s Office: for felonies happening within the city limits and elsewhere in San Diego County.

Case review

Once they receive the report, the prosecutor will conduct a ‘’case review’’ and make a decision whether to issue a charge or not. There are several factors that influence the decision but one is especially important: to issue a charge, the prosecutor has to have a good faith belief that the charge against the alleged abuser can be proven beyond a reasonable doubt.

Factors that influence whether a charge will be issued

Below are some of the factors that have an impact on the prosecutor’s decision to either issue or dismiss the charges. These also apply when the complainant/alleged victim expresses their wish not to ‘’press’’ charges:

– the alleged abuser’s/defendant’s prior criminal history; the nature of previous charges and convictions;

– the severity of the alleged crime;

– the (non)existence of other pending charges against the defendant;

– estimated future danger the defendant may pose to the alleged victim and/or the community.

Consult a Criminal Lawyer in San Diego

No matter the similarities, each case is unique. In some cases, the prosecutor can establish that the charge can be proved beyond a reasonable doubt without any witnesses. In other cases, the testimony of a single witness can be crucial and determine whether a charge will be issued.

Whatever the case, complaining witnesses and defendants shouldn’t rely on advice from relatives, friends or neighbors because, much like TV shows, they are unlikely to provide reliable information, regardless of their good intentions. An experienced and aggressive lawyer in San Diego should be consulted in order to obtain accurate information, professional guidance and effective legal representation.

Vik Monder from Monder Law Group is San Diego’s go-to criminal attorney. Feel free to call 619-405-0063 if you have any questions about the filing process or other aspects of the criminal justice system in San Diego.