Monder Law Group - News

Potential Criminal Charges for Pokemon GO Users in San Diego

With the recent trend of downloads for this active Pokemon Go application people will find themselves susceptible to possible criminal liabilities given how close we are to the Comic-Con festivities. Separating real world movement with the digital world becomes the biggest issue for local law enforcement. Many crimes require specific intent but following directions on an application may distract people from their real-life volitional movements that may have a severe impact on yourself or society.

Even though these issues may appear minor, it potentially could lead to criminal prosecution. For example, people driving erratically causing issues trying to find key character’s like Pikachu or trespassing on someone’s private property to find another. Even though there may be no real consciousness of guilt shown but it is the presence of a threat perceived by others that becomes the problem. Individuals that have downloaded the application can only appreciate this application but for the rest of society actions will be interpreted as a threat to themselves and the safety of others. This is the biggest concern for the district attorney’s office anywhere when filing formal charges against someone. They have to weigh the interests of society against the individual’s interest. If the reasons to prosecute outweigh the reasons to mitigate, then you will be facing criminal charges.

A lot of the regulation has to do with how law enforcement perceives the situations in our society from an objective standpoint. This is not always the case though. Often time’s law enforcement will interpret a situation multiple ways that will favor prosecution. In today’s society, the best advice would be to video record any encounter with law enforcement because it leaves any interpretation to the eye of the beholder. If you have questions about your criminal case, feel free to contact San Diego Criminal Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Attorney.  

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What to expect for Man Arrested in Homeless Killings in San Diego

It is already known that the San Diego Police Department already released one individual that was suspected of being involved with the homeless killings earlier this month because they did not have enough to keep in custody to proceed with the court proceedings. In order to proceed with the arraignment, there would have to be enough reasonable suspicious or probable cause that the District Attorney believes would suffice to make it past the preliminary hearing and proceed to trial. Captain David Nisleit indicated that they would have to shift their focus and find someone else. This is never a good sign because at this point the entire investigation shifts and they start their investigation over. It is often detrimental to the people’s case because there may be lingering doubts as to who may really be involved. After providing a sketch to the public to find individuals that look like the suspect would cause doubt for any criminal defense attorney looking at this case from an objective stand point. This means there are eyewitness credibility issues.

After the arraignment the case will be set for a readiness conference and a preliminary examination. Any reputable attorney that looks at the police reports will debate on whether to conduct what is known as a Evans Line-Up motion prior to the preliminary examination before any of the witnesses get to see the suspect in the courtroom. This is a critical point because if the Defense wins on this motion then there will be an opportunity for the criminal attorney to question the credibility of any witnesses by having a line-up at the jail with other similarly situated looking individuals.

Often times at the preliminary examination witnesses will just say that an individual was the person they saw commit the criminal act because it is the only person sitting in the defense chair. If you are able to eliminate these one-sided prosecutions it will greatly enhance the ability to play on an even playing field before the merits of the case are heard before a judiciary. Evan Line-Up motions are a great way criminal defense attorneys get the truth beyond what can just be read in a police report. If you have any questions about the criminal process, feel free to contact Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Lawyer     

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Everything You Need to Know About a Domestic Violence Case in San Diego Superior Court

In today’s society domestic violence is just as common as getting a DUI. Here in San Diego the City Attorney Office splits their calendar into Domestic violence cases handled by one attorney in the courtroom and the rest of the cases handled by the other. For those that do not know what the City Attorney Office is, it is the prosecuting authority that handles all misdemeanor cases in the city of San Diego. Most of the run of the mill domestic violence cases are misdemeanor in nature unless there are some serious bodily injuries i.e. visible injuries that need immediate medical attention. All felonies in San Diego are handled by the District Attorney’s Office. Most of the time people are arrested for a felony Domestic Violence but the District Attorney will not file formal charges because it does not rise to the level of felony conduct. They will refer the case to the City Attorney and let them pursue misdemeanor charges. The first court date is an arraignment and you are required to be there even if it is a misdemeanor because the court will want to issue a protective order to make sure there is either no contact or no negative contact with the alleged victim i.e. spouse or partner.

After that logistic hearing of pleading not guilty and getting new court dates you will be sent to Department 9 for pre-trial readiness or also known as informal negotiations where the City Attorney will make the most ridiculous offers you will ever hear. This is a time for your attorney to talk to the judge to get the City Attorney to understand common sense and the reality of the situation. If you find yourself in Department 9 in the morning at the 220 W. Broadway Courthouse, you can find these proceedings daunting to say the least. Any competent attorney will know that if you cannot reach an agreement at these hearings just set the case for trial already! Do not be scared to go to trial on a misdemeanor domestic violence case. Often times the prosecution has a hard time getting the victim to testify against their spouse or partner. The prosecution has to weigh the evidence when going to trial or dismiss the case. Often times if the prosecution has a solid 911 call and pictures that show injuries, they may not even need the victim to testify.

If you have questions about your domestic violence charges here in San Diego County, feel free to contact Criminal Defense Attorney Vik Monder at 619-405-0063 or visit our website at 619-405-0063.   

Monder Law Group - News

Monder Law, Delivering the Best Results! Ex-School Staffer Gets Little Jail Time in $149K Theft.

VISTA — A former Carlsbad school district employee who rented out school facilities but secretly pocketed the money — nearly $149,000 — was sentenced Monday to six weekends in jail and three years of formal probation.

Daniel Czypinski, 36, pleaded guilty last month in Vista Superior Court to four felony charges of grand theft from the Carlsbad Unified School District. He had initially faced 22 counts of grand theft and allegations of white-collar crime.

It’s rare for embezzlement victims to recover all of their losses, but Czypinski repaid the stolen money with help from his family. That helped him avoid prison, and his sentence of weekends and probation was part of his plea deal.

Authorities said Czypinski ran a rental-fee scheme that diverted money from the district into his own pocket. In his job as the technical director for the Cultural Arts Center, which is Carlsbad High School’s theater, Czypinksi was responsible for renting the venue to outside users, including churches and pageants.

In 2012 and 2013, Czypinski directed unsuspecting rental clients to make their checks payable to Encore Arts, instead of the school district. Encore Arts was Czypinski’s company.

The alleged thefts were uncovered shortly after Czypinski resigned from the district in January 2014.

Deputy District Attorney Anna Winn said that Czypinski “fooled a lot of people,” and said students saw him as a role model who put in extra hours for their benefit.

“My hope is that they (students) also learn something from the end of this story: Mr. Czypinski had to pay back all of the money he took and he is still going to jail,” she said. “He is accepting responsibility for his crimes and has said that he feels horrible about what he did.”

Last month, Czypinski’s attorney, Vik Monder, said his client — who had a clean record — had been working as an art director and handling other duties related to running the theater, and “the line got blurred for him.”

He also said Czypinski was going through difficulties at the time, including a divorce and child custody fight.

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Award Winning DUI & Criminal Defense No Substitution For EXPERIENCE

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Monder Law Taking Lead on the Highest Profile Case in San Diego History – Tieray Jones – KFMB-TV News

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Single Mother Saved From Serious Felony Charges

This was a case Monder Law Group handled where a single mother was arrested and charged with Felony hit and run involving death or injury where client’s car that was registered in her name was involved in a serious accident.

The vehicle code section 20001(a) charge requires the government to prove beyond a reasonable doubt that you were involved in a hit and run incident that resulted in injury or death. In this case, we had an independent witness that provided detailed information regarding the crash and the vehicles involved. Also, the victim made a statement regarding the details of the driver and the vehicle involved. Within the police report it was clear that the license plate and vehicle matched given the damages on client’s vehicle. The only real issue was whether the driver matched the description of the driver involved in the vehicle collision. Here, it was clear that my client was not the driver given the alibi defense we planned to use for trial. Attorney Vik Monder took it one step further because no actual police line-up was conducted after the incident. After successfully filing an Evan’s Line-up motion with the court, the District Attorney Office decided to dismiss all charges against the client.

This case had serious consequences that could have resulted in jail, prison, loss of children or any future employment opportunities. Attorney Vik Monder fought relentlessly to clear the client’s name. It was clear from the information that the client provided that she was nowhere near the scene of the crime when the incident occurred. Through further investigation Mr. Monder was certain that the victim would be unable to identify the client in a line-up conducted at the Sherriff Department in San Diego. If you are facing similar circumstances, feel free to tell your story to Attorney Vik Monder and clear your name!  619-405-0063.

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Great Result for Good Samaritan Arrested for Trying to Help Fire Fighters

This was a case Monder Law Group handled where the City Attorneys Office filed criminal charges against a Good Samaritan that was helping Fire Fighters put out a fire in Poway at Tru-Blue Pool Supply Store.

The client was charged with two misdemeanor counts under California Penal Code Section 148(a)(1) and Penal Code 148.2. Both of these statutes require the government to prove beyond a reasonable doubt that the defendant resisted a peace officer and interfered with a fireman. These PC 148 charges are common in San Diego whenever the officer believes that you are obstructing the duties of local law enforcement. You can be found guilty of this charge for even the slightest interference that may cause a delay for the public officer, peace officer, or emergency medical technician in the discharge of or the attempted discharge of their duty. Even though it is considered misdemeanor level conduct, you will be arrested and a conviction will have serious consequences for your future.

In this case, the best approach was to file a Pitchess Motion to get the personel file of the arresting officer and push for trial by pulling any time waiver dates to run the clock on the speedy trial rights of the client. Attorney Vik Monder was successful at filing the necessary motions and being trial ready on a moments notice. At the date set for trial, Mr. Monder received an outright dismissal on the charges against his client. The client was able to maintain his job and employment opportunities for the future due to the persistence and advocacy skills of Mr. Monder.

The City Attorneys Office should have never filed this case because it creates a public policy approach to not wanting to help your neighbors in dire circumstances. The client never had any foul intent but only wanted to do what he thought was the right thing to do and would expect his neighbor to do for him in similar circumstances. If you are facing similar circumstances, feel free to tell your story to Attorney Vik Monder and clear your name!  619-405-0063

You can read more about the event that occurred at:     

http://www.nbcsandiego.com/news/local/Fire-Breaks-Out-at-Pool-Supply-Store-Poway-Road-231308401.html

Monder Law Group - News

WHAT TO EXPECT BEFORE YOUR FIRST HEARING?

POLICE REPORT

You have been accused of a crime and law enforcement is investigating you. The investigation will include the following:

• 911 calls
• Arrest report
• Medical reports
• Pictures of the scene
• Pictures of any injuries
• Witness statements

Based on these findings, law enforcement will draft a police report and make a recommendation of the initial charges against you.

INITIAL CHARGES

It is important that you understand that the charges listed on your citation, arrest paperwork, or on your bail information sheet are only the initial charges. These are the charges that law enforcement has recommended based on the details that led to your arrest. Ultimately it will be the issuing attorney at the District Attorney or City Attorney’s Office who will decide the formal charges against you. This means that from the time of your booking until your first appearance before a judge, the charges against you are under review. During this time, the issuing attorney will review the police report and reach out to the alleged victim to make their determination of the charges. This is a crucial time for your defense because it means that the charges may either be aggravated or mitigated. In the hands of an experienced criminal defense attorney, your charges could be reduced or even dismissed before you are ever formally charged. The way this process works, is by submitting a mitigation packet for the issuing attorney to review in order to mitigate the initial charges against you.

MITIGATION PACKET

The best defense is a strong offense; a mitigation packet is the perfect strategy for your attorney to present you in the best light. You want the issuing attorney to have an opportunity to see you as the person you are and not the criminal act you are accused of. In order to accomplish this, a skilled criminal defense attorney will need to complete a mitigation investigation and provide report evidence. A mitigation investigation will consist of the following:

• Psychological evaluation
• Medical examination
• Inquiry into family history
• Inquiry into social history
• Inquiry into criminal history
• Interview family, friends, peers, teachers, employers, clergy members
• Accounting of financial responsibilities

The evidence derived from this investigation will provide the mitigating circumstances for your case. This evidence will be submitted to the issuing attorney in the form of a mitigation packet for the District Attorney’s Office or the City Attorney’s office to review. A mitigation packet will generally include the following:

• Character letters
• Education certifications
• Employment references
• Recommendations
• Awards
• Community service
• Military service
• Financial responsibilities
• Personal struggles/ achievements

This report evidence should shed light on your positive character traits, offer insight into your life and show the detriment of the current charges against you. Remember that the whole goal of a mitigation packet is to dismiss or reduce the charges against you by demonstrating that the mitigating circumstances outweigh the issuing attorney’s decision to prosecute.

CRIMINAL COMPLAINT

Once the District Attorney’s Office or the City Attorney’s office has reviewed your case, any formal charges against you will be addressed in the complaint. A complaint is the legal instrument that begins the criminal proceeding. The issuing attorney uses this document to formally file charges against a criminal defendant. A complaint will provide you with the following:

• State the cause of action
• Identify the defendant
• The date of the alleged offense
• Provide the relevant statutes/ laws
• Establish the formal charges
• Statement of the specific facts of the case
• Supporting evidence against you

If the District Attorney’s or City Attorney’s Office decides to prosecute you, the issuing attorney must file a criminal complaint with the court swearing under oath that the complaint is truthful and accurate. A criminal complaint will either charge you with a misdemeanor, a felony or both.

MISDEMEANOR

These are the less serious offenses in a criminal proceeding. Misdemeanor offenses are typically punishable by fines or summary probation. If you are sentenced to county jail for a misdemeanor, it cannot be for more than one year.

FELONY

These are the more serious offenses in a criminal proceeding. Felony offenses are typically punishable by terms of incarceration in California state prison. If you are sentenced to state prison for a felony, the California penal code will determine the penalties and establish a range of possible sentences depending on your conviction.

WOBBLER

These are offenses that the issuing attorney has discretion to charge as either a misdemeanor or a felony. This decision is important to your defense because it will determine the penalties that you could face if convicted of the charges against you. To make this determination the issuing attorney will look at any aggravating factors in your case and weigh them against your specific mitigating circumstances. Aggravating factors are any evidence that may enhance the underlying offense. While mitigating factors is evidence that reduces your culpability.

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WHAT HAPPENS DURING YOUR FIRST APPEARANCE?

ARRAIGNMENT

You want to know what are the charges against you, what are your rights, can you get out of custody, do you need an attorney? These are all questions that get answered in your first court appearance.

At the arraignment hearing the judge will:

• Inform you of the charges the prosecution has filed against you.
• Advise you of your constitutional right to counsel and ask if you plan to retain an attorney.
• Decide whether or not to release you on bail pending resolution of your case.
• Set the date for your preliminary hearing.
• Ask you how you choose to plead.

At the arraignment your initial plea should always be NOT GUILTY because you still do not know what evidence the prosecution has against you. You can always change your plea of not guilty after the preliminary hearing when you find out what evidence the prosecution has against you.

Attorney Vik Monder’s Goal During Arraignment:

Try to reduce bail amount and establish conditions for your  release pending the resolution of your case.

WHAT HAPPENS AFTER YOU HAVE BEEN ARRAIGNED?

PRELIMINARY HEARING

You want to know what does the police report say, what evidence does the prosecution have against against you, who are the prosecution’s witnesses? These are all questions that get answered in your second court appearance.

At the preliminary hearing:

• The prosecution has the burden of proof to show probable cause that you committed the charged crime.

Probable Cause: the prosecution has enough evidence to justify a belief that a crime took place and that you committed the crime.

• If the judge decides that the prosecution does not have probable cause, then your case will be dismissed.
• If the judge decides that the prosecution does have probable cause, then the court will retain jurisdiction over you until the case is resolved.
• The defense receives the police report but does not have to put on any evidence of its own
• The defense assesses the credibility of the prosecution’s witnesses by looking for inconsistencies and forgetfulness.
• Depending on the strength of the prosecution’s case

     the defense decides whether to negotiate a plea bargain or go to trial.

Attorney Vik Monder’s Goal During Preliminary Hearing:

To preview the evidence against you and hold the prosecution accountable for their burden of proof (probable cause) in order to protect you from unfounded prosecutions. If there is enough incriminating evidence against you to go to trial, this may be a good time for your attorney to negotiate a plea deal with the prosecution in order to reduce your exposure at sentencing.

WHAT HAPPENS AFTER YOUR PRELIMINARY HEARING?

TRIAL

However, if you know the prosecution’s case is weak, the police report is vague, the prosecution witnesses are lying, they either don’t know or don’t remember the incident. These are all good indicators to proceed to trial.

Attorney Vik Monder’s Goal At Trial:

To hold the prosecution responsible for meeting every single element of the charged offense beyond a reasonable doubt.

SENTENCING

You have been found guilty of the charges against you. Now you want to know how much time you are looking at, what are the penalties for your conviction?

These are all questions that get answered at sentencing:

Unless the criminal charges you have been convicted of have mandatory minimums or fall under California’s Three Strikes law, California judges have flexibility when it comes to criminal sentencing. For felony charges, California judges choose from a range of three prison sentence lengths low term, mid term, and high term. Which term you are sentenced to depends on the severity of the circumstances, the mitigating factors provided by the defense and your criminal history.

Attorney Vik Monder’s Goal During Sentencing:

To depart from the sentencing scheme by demonstrating to the judge the mitigating factors that apply to your case.