Monder Law Group - News

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Monder Law Group - News

Save Elder Man with Medical Conditions Facing a DUI

This was a case Monder Law Group handled where the District Attorneys Office filed criminal charges against an individual who is medically disabled. This individual was pulled over by law enforcement for driving onto oncoming traffic. After a failed filed sobriety examination and blood test, the client was arrested and charged with a DUI and not having a valid California Driver’s license.  The prosecution believed the elder individual was high on methamphetamine and other controlled substances based on the high levels of controlled substances found in the bio-toxicology report. Under California Vehicle Code Section 23152(e) you can be charged with a DUI for driving under the influence of a controlled substance. Not all DUIs involve alcohol. Also, these charges are more difficult to prove because it is a subjective sign of intoxication. Everybody has different tolerance to controlled substances and it is difficult to prove whether the behavioral signs are based on medical issues or if being under the influence of a controlled substance causes the behavioral issues.

It is important to have an expert witness that understands the forensic toxicology involved in these cases. At Monder Law Group we have the best experts in the country on staff. We called a forensic toxicologist with over 40 years of experience supervising the LA County Crime Laboratory and has personally testified over 2,000 trials with facts similar to the case we had. He was able to tell a jury that the client was not under the influence at the time and the nanograms per milliliter of controlled substances found in the client’s blood is less harmful in terms of driving than if he had two cups of coffee. Attorney Vik Monder was able to convince a jury that these behavioral characteristics were due to the physical disabilities and mental health issues of the client and not because the client was under the influence of any drugs. The jurors understood the argument from the defense and the prosecution eventually dismissed the DUI charge against the elder man because of the strong articulate arguments made by Attorney Vik Monder.

DUI cases in San Diego are some of the most challenging cases to put in front of a jury because most jurors have their own experiences of friends or family that have been victim to accidents involving drunk drivers. If you are looking for a competitive advantage with an expert forensic toxicologist at your disposal, then attorney Vik Monder is the most experienced to handle such issues. Many times cases are dismissed before the trial stage when motions are filed along with reports from the forensic toxicologists. Feel free to contact attorney Vik Monder to discuss your case directly at 619-405-0063. 

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Self Defense Win on 7 Counts of Felony Assault and Battery with Multiple Strikes

This was a case Monder Law Group handled where the District Attorneys Office filed multiple charges against for multiple victims involving an assault outside a bar in North Park. The charges included every variation of Penal Code 245 and all the lesser-included offenses that come after. The circumstances is that it occurred at night and there were a total of six independent witnesses telling law enforcement that my client started the fight and two people ended up in the hospital. The Victims’ injuries included lacerations needing stitches, dislodged front teeth, significant bruising and swollen lips. The client had no injuries only cuts on his hands. This was not even the worst part of the case; the kicker was that Attorney Vik Monder substituted in on the case a week before trial.

Client’s former lawyer did not prepare the case well for trial. The original arguments being made at the preliminary examination is that this was a false ID case because everyone was drunk! This is probably one of the worst arguments I have ever read. It was clear based on statements made by the defendant that he was scared for his life that night and fought to protect himself when a group of six people were closing in on him.

Attorney Vik Monder knew that this was a serious case was and the client was looking at a significant exposure of time in jail if found guilty. There were multiple strikes for great bodily injury and serious bodily injury enhancements. The client did not have a serious criminal record, which was the only fact that would possibly be to the benefit of the defense. What the defense lacked in good facts in this case, the defense made up in a staff of expert witnesses at their disposal. Attorney Vik Monder decided to have a fight or flight expert testify in regards to the physiological responses one goes through in similar circumstances. Here, we had a person who was by themselves in the middle of the night and being closed in on by complete strangers. The jurors believed the defense and their explanation of the facts and found the Defendant Not Guilty on 7 counts! If you have a potential self-defense claim contact attorney Vik Monder to explore the circumstances to see if an expert witness could be a good fit in your case. You can reach attorney Vik Monder directly at 619-405-0063.

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Felony Gun Charges Dismissed For U.S. Marine

This was a case Monder Law Group handled where the District Attorneys Office filed felony criminal charges against a Marine that has fought for our country on two tours to Afghanistan. The Marine was on probation and in veteran’s court for a negligent discharge of a firearm charge years earlier. During a probation sweep of his home, his probation officer located large capacity magazines in his shed. In California, you can be found guilty for receiving large capacity magazines under Penal Code section 32310. This code section was intended stop the manufacturing of large capacity magazines in California; however, the law was re-codified to go after people that receive them as well. This is one of the most ridiculous laws ever created in an attempt to circumvent gun owner’s rights in the state of California.

The Marine was charged with both California Penal Code Section 32310 and PC 30305(a)(1) because he was currently in veteran’s court on a prior gun charge years earlier. This is an individual who needed the expertise of an attorney that represents the interest of gun owners in the state of California. The initial probation violation offer was 5 years and that did not include the punitive consequences of this new charges that was pending against him. The court does not know how to categorize these types of cases in relation to other crimes and the prosecution always wants to paint a picture of a dangerous fanatic gun owner. If this was Texas, people would we laughing at these charges. Since we are in California, the state tells us we have to be hard on gun laws. Even though it would be a misdemeanor to carry a handgun without a permit but a felony to have a few large capacity magazines. It does not even make sense to the most intellectual lawyers in San Diego. It often baffles the legal community regarding the actions being taken by our legislation in Sacramento. Nevertheless, this individual should not be in trouble for having large capacity magazines from the time he was in Afghanistan.

Attorney Vik Monder fought relentlessly to clear the Marine’s name. Ultimately, the case was dismissed after long discussions and negotiations with the District Attorneys Office. The biggest issue here is how is the state of California going to prove beyond a reasonable doubt each and every element of the crime charges against him. There were holes in the prosecution’s case in chief and the defense was prepared to take this case all the way to trial if need be. The defense believed it would be highly unlikely that a jury would convict a decorated war veteran for having large capacity magazines. Also, the prosecution would have to call someone from the military to testify against the Marine that will say he received the magazines from a certain individual. This will merely put that witness in an incriminating situation. This case looked bad for the prosecution at every angle. If you are facing criminal gun charges here in San Diego, contact attorney Vik Monder right away at 619-405-0063.  

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Case Dismissed Against Student Giving False Identification to Police

This was a case Monder Law Group handled where the City Attorneys Office filed criminal charges against a college student who provided false information regarding his identification to a police officer under California Penal Code Section 148.9(a). These charges are typically filed if you hand over a fake ID to an officer and try and pass off that information off as your own. These cases are very common for individuals who are underage and found in areas where drinking is apparent. 

The facts of these cases was a college student was found in Pacific Beach was questioned by a police officer. The student gave the office a false name and date of birth to the officer. Thereafter, the student was arrested and cited for PC 148.9(a). The City Attorneys Office is the prosecuting authority involved in bringing these charges formally against you. It is considered misdemeanor conduct but does carry a criminal conviction, a license suspension and loss of job opportunities in the future. The student in this case has a very bright future ahead of him and was plan on going to Medical School. A conviction on his record would have certainly prevented him from getting into the Medical School of his choice. Often people facing criminal charges do not take into consideration future consequences that may affect them. Attorney Vik Monder does a great job at explaining the collateral consequences of even a misdemeanor conviction on a person’s record. Attorney Vik Monder handles administrative hearings in conjunction with his criminal cases to prevent any loss of professional licenses as an outcome of the criminal charges.

In this case, it was important to put a mitigation packet together in order to get the charges dismissed. At the onset of this case, the client already had an impressive resume and character letters. However, the prosecution always wants more to show some rehabilitation being completed on client’s own accord. I had the student do some community service and get into some counseling and was able to convince the prosecutor to dismiss the case against him. If you find yourself needing to put together a mitigation packet, contact attorney Vik Monder for the best possible solution in your case at 619-405-0063.

Monder Law Group - News

Great Result for Person looking at Being Deported for a Theft Crime

This was a case Monder Law Group handled where the City Attorneys Office filed criminal charges against a person looking at immigration consequences if the case was not dismissed. In San Diego, if you are convicted of a simple misdemeanor theft related crime, you can be deported. It is important to understand that the change of plea may trigger immigration deportation proceedings against you. The Immigration Customs Enforcement is notified of any criminal cases where a person is not a United States Citizen. It is the job of the agency to follow these cases until the final disposition in order to take action. People assume that only aggravated felonies will trigger these deportations. However, this is false. People can be deported for simple misdemeanor crimes of moral turpitude.

The Prosecutor is not supposed to be influenced by any collateral consequences in a criminal case in making any offers. Nevertheless, there are opportunities to earn a dismissal without going to through the steps of a change of plea. Attorney Vik Monder represented an individual who was not a United States Citizen accused of Shoplifting under Penal Code section 484. PC 484 is considered a crime of moral turpitude and a conviction can result in loss of immigration status here in the United States.

Even though shoplifting is considered a low level offense, a person could be looking at severe consequences not on the criminal side but the immigration side only. The courts have created programs to deal with low-level offenses but have not adjusted it for the purposes of dealing with individuals who are not United States Citizens. The most common program for shoplifting cases is community court where you complete two days of public work service and pay a fine and your case will eventually be dismissed. However, in order to get into the program you must first plead guilty to a misdemeanor PC 484 charge and only after you complete everything, your case will be dismissed at sentencing. This is not a good deal for people that are legal permanent residents or on any other immigration status here in San Diego.

If you are on any immigration status you cannot plead guilty. Strategically, Attorney Vik Monder will attempt to earn a dismissal by completing volunteer work, completing an online shoplifting course, and paying any loss prevention fee before the court date even starts.  If you have any questions about your particular case, feel free to contact Attorney Vik Monder immediately at 619-405-0063.  

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Understanding Immigration Consequences in a Criminal Case in San Diego

What if you are charged in a criminal case and are on a visa or permanent resident status?

Before deciding whether to plead guilty, a defendant is entitled to “the effective assistance of competent counsel.”  Strickland , 466 U. S., at 686.  As a criminal defense attorney in Southern California the crossover between criminal law and immigration law is one of the most challenging aspects of my practice. Section 237 of the Immigration and Nationality Act provides that a non-citizen may face immigration consequences if convicted of certain selected criminal offenses. 8 U.S. Code § 1227 establishes a list of the specific crimes that subject non-citizens to deportation proceedings. A crime involving moral turpitude, aggravated felony, controlled substances, domestic violence, child abuse or firearms offenses each may be grounds for deportation of a legal permanent resident. For these specific offenses a criminal law understanding of the elements alone is insufficient for a successful defense, a criminal defense lawyer must understand the technical rules of immigration law that apply to these offenses. 

Two years ago I received a multi-codefendant prescription fraud case for over $100,000 in restitution. My client had been strong armed by her supervisor to commit forgery for prescription medications. She was charged with three felony counts under California Penal Code § 550 for knowingly making a writing with the intent to present it in support of a fraudulent claim. My immediate concern was that the client was a permanent legal resident and any plea deal that I obtain for her may have immigration repercussions. I explained to the client that before we could tackle the criminal charges against her, I had to find out if her immigration status in this country could be affected by a plea deal. I brought in an experienced immigration attorney who reviewed her immigration status and provided us with the rudimentary understanding of immigration law necessary to build her defense. The immigration attorney explained that for purposes of immigration law, an offense is considered a crime of moral turpitude if it involves fraud or dishonest intent or violates established social norms. Under 8 U.S.C. § 1251 for deportation based on a crime of moral turpitude the alien must be convicted of a crime committed within five years after the date of entry or sentenced to confinement for one year or longer. The immigration attorney also advised to be mindful of the amount owed in restitution because INA § 101(a)(43) defines aggravated felony as an offense that involves fraud or deceit in which the loss to the victim exceeds $10,000. Right away I knew this was going to be huge problem for my client because all six codefendants were held jointly and severally liable for over $100,000.

After these findings, the defense had two goals. First, reduce the charges against my client in order to avoid exposing to a sentence of a year because that would make her deportable. Second, reduce the amount owed by my client in restitution to avoid automatic deportation. To achieve this I went thru ten years of forged prescriptions for all six codefendants and found discrepancies with the unauthorized prescriptions attributed to my client because her name was being used to order prescriptions for others. After highlighting  the mitigating factors in my client’s case, the fact that she was a single mother of a dependent child who is a U.S. citizen and will not be allowed to leave the country if her mother was deported. This finding allowed me to bargain with the prosecution and craft a conviction and sentence that would reduce the likelihood of deportation for my client if she pled guilty. After two years, we were able to achieve the impossible, a plea deal that would reduce my client’s charges to a misdemeanor burglary in exchange for a sentence of 364 days or less.

For me it was truly an honor to be able to help my client avoid deportation and remain in the United States, the only home she and her daughter ever knew. As a first generation American growing up in the United States, I understand first hand the kind of sacrifice that it took to get to here, the dedication that it takes to achieve the American dream and the implications for our loved ones to have that dream stripped away. I wrote this blog to make the legal community aware about the collateral consequences of immigration implications in criminal convictions. If you are not a citizen, a criminal conviction in the state of California can have detrimental immigration implications regardless of the alien’s otherwise legal status in the United States and their ties to the community. The reality is that when compared to U.S. citizens convicted for the same crime, aliens are being held to a higher standard because of the immigration implications that result from their criminal convictions. For example, non-citizens convicted of a crime of moral turpitude will be branded deportable convicts, they will loose their liberty, their residency and be returned to a country they do not have any ties with. In effect deportation punishes the families as well as the individuals because it tears lives apart by the permanent separation of their loved ones. Whereas a U.S. citizen found guilty of the same offense is branded a convict and may be temporarily deprived of their liberty but will generally be able to return to his or her family. Despite the higher standards that non-citizens are held to it is imperative that non-citizens be aware that they do have a fundamental right to representation. A non-citizen charged with a crime does not need to live in fear of the immigration consequences for their offenses because criminal defense attorney with experience in immigration law can make a tremendous difference to the outcome of a non-citizen’s case. If you want to learn more about the Monder Law Group, PC visit us at San Diego Criminal Defense Attorney

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Vik Monder Represents Ex-Schools Employee Pleading Not Guilty to Embezzlement – San Diego Tribune

http://www.sandiegouniontribune.com/news/2016/feb/17/carlsbad-schools-alleged-embezzlement-arraignment/

Monder Law Group - News

Bail

I NEED HELP: BAIL ME OUT, BUT HOW?

The Scenario: You’ve just been promoted at work! All your hard work that last year has paid off and you have a nice pay increase and new office to show for it. This is a great moment and your colleagues want to take you out for dinner and drinks to celebrate. You go for happy hour and celebrate with a beer, and at dinner you have a nice glass of red wine with your steak. This was a wonderful night; you feel on top of the world. Until, you see the flashing lights behind you… The next thing you know you’re heading to the county jail. How could this day take such a drastic turn for the worse? And what do you do now?

What Is Bail?  

Your first thought upon landing in jail is often how to get out—and fast. The usual way to do this is to post bail.

Bail is cash, a bond, or property that an arrested person gives to a court to ensure that he or she will appear in court when ordered to do so. And if the accused doesn’t show up at their hearing, the court may keep the bail and issue a warrant for the defendant’s arrest. As a condition of release, the suspect promises to appear in court for all scheduled criminal proceedings — including arraignment, preliminary hearing, pre-trial motions, and the trial itself.

If the DUI suspect is not allowed to post bail at the police station immediately after booking, a judge may decide later, at a separate hearing or the arraignment, whether to allow release on bail. The bail amount may be predetermined, through a “bail schedule,” or the judge may set a monetary figure based on:

• Suspect’s DUI record and criminal history;
• Seriousness of the DUI offense, in terms of injury to others
• Suspect’s ties to family, community, and employment.

What If You Cannot Afford Bail?

This is where those infamous phone calls come into play, you know the “one phone call” you’re allowed, as dramatized in movies. You call up a friend or family member, and they put up the full bail amount as set by the court. Another option is posting a bond in lieu of the full amount. A bond is a written guarantee that the full bail amount will be paid if the suspect fails to appear as promised. Bonds are usually obtained through a bail bond agency that charges a fee for posting of the bond (usually about 10 percent of the bail amount). Bail bond agencies may also demand additional collateral before posting the bond, since the agency will be responsible for paying the full bail amount if the suspect “jumps bail” and fails to appear as promised. If you cannot contact, or don’t want to contact friends or family members on this matter, then you can call your skilled criminal defense attorney and have your DUI attorney post your bail.

The Ideal Setting: Released on “Own Recognizance”

This is where having a skilled criminal defense attorney is critical. When a DUI suspect is arrested, booked, and granted “own recognizance” release, no bail money needs to be paid to the court, and no bond is posted. The suspect is merely released after promising, in writing, to appear in court for all upcoming proceedings. Most state criminal courts impose certain conditions on own recognizance release, prohibiting the suspect from leaving the area while proceedings are ongoing, or requiring that the suspect contact the court periodically while the case is ongoing.

As when setting bail, a criminal court judge deciding whether to grant own recognizance release considers:

• Suspect’s DUI record and criminal history;
• Seriousness of the DUI offense, in terms of injury to others
• Suspect’s ties to family, community, and employment.

If a DUI suspect released on “own recognizance” fails to appear in criminal court as scheduled, he or she is subject to immediate arrest, and any chance for bail release is all but eliminated.

If you or a loved one is arrested for DUI, you will need an experienced DUI lawyer to make sure all of your legal rights are preserved. A skilled attorney who specializes in defending DUI cases will evaluate all the evidence, including the procedure and results of any field sobriety and chemical tests, to ensure that you are given a fair process. Further, it’s important to speak to a lawyer familiar with the laws in your jurisdiction. Contact San Diego criminal defense attorney Vik Monder today, and get all of your DUI concerns alleviated.

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Bail Reduction

Can’t Make Bail, Stay in Jail—Or Is There Another Way?

“Bail” is money that the court requires you to pay in order to assure your court appearances. You post bail by either paying the full amount in cash or, more commonly, through a bail bond. You can secure a bail bond through a bail bondsman (or bail agent). Bail bondsmen agree to post your bail in exchange for a maximum 10% of the full bail amount. This 10% is a nonrefundable fee.

The amount of bail varies depending on the crime involved, and each county has an established bail amount for each charged offense. San Diego DUI cases start bail amounts at $2500. And increase based on: repeat offenders, criminal history, and circumstances around the offense.

What Should I Do?

If you or a loved one is arrested for a DUI, your first action should be to contact a skilled

criminal defense attorney, especially if you cannot make bail or do not know the process.

A skilled criminal defense attorney will know that you can reduce bail amounts and will

know the appropriate procedure for accomplishing this in the least amount of time.

A California Bail Reduction Hearing:

A California bail hearing presents you with an opportunity to ask the San Diego court to either:

1. reduce your bail, or
2. eliminate bail altogether by releasing you on your own recognizance.

California bail hearing laws provide the judge with a great deal of discretion when it comes to setting, modifying, or eliminating your bail. When deciding whether to modify your bail, the judge considers:

1. the seriousness of the alleged offense (including any injuries to the alleged victim, any threats to the alleged victim, whether any weapons were allegedly used, and whether any drugs were allegedly involved),
2. your prior criminal history,
3. your probability of appearing for future court appearances, and,
4. public safety.

When Should the Bail Reduction Hearing Take Place?

The ideal situation is before the first scheduled hearing or during the first scheduled hearing. A skilled criminal defense attorney that knows DUI laws and the San Diego court system and practices will know when and how to best present your bail reduction request.

The Monder Law Group is very familiar with San Diego County practices. Vik Monder is a highly skilled criminal defense attorney that knows the ins and outs of DUI laws. He knows how to present your bail reduction hearing at or before your preliminary hearing. He knows how to present your case to the judge and argue the situation in your favor. He will fight for your rights and protect your interests. Call the Monder Law Group today.