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Misdemeanor Probation Violation

What it is??

Misdemeanor probation is a sentencing option that offers non-violent offenders convicted of a misdemeanor conditional release as an alternative to serving time in county jail.

What it is not?

When a defendant is convicted of a misdemeanor that is eligible for probation, the court  can make the determination or the prosecutor and defense attorney can come to an agreement about the conditions and duration of probation. Probation services will not be responsible for administering the specific conditions. The court will only refer the matter to a probation officer if the misdemeanor is a sex offense. In which case the probation officer will investigate the circumstances surrounding the sex offense, the defendant’s prior history and the defendant’s criminal record. Based on these factors, the probation officer will evaluate the defendant’s eligibility for probation and write a report on his or her findings. The probation officer’s report will include the probation officer’s recommendation of whether to grant or deny probation and the conditions and duration of probation that should be imposed by the court. If probation is denied by the court, the judge will sentence the defendant to serve time in county jail and impose a fine. However, if probation is granted by the court, the defendant will be conditionally released on probation without the supervision of a probation officer. At the defendant’s sentencing hearing, the defendant will receive either a suspension of the imposition of his or her sentence (ISS) or a suspension of the execution of his or her sentence (ESS) with an incarceration amount preset by the court in case the defendant violates the terms of probation and it gets revoked. From that point forth the defendant will be required to appear before the court periodically to monitor the defendant’s progress.

What are the conditions that must be met for misdemeanor probation?

A defendant who has been convicted of a misdemeanor and is granted probation by the court must have good conduct throughout his or her probation period. This means that the defendant must follow the law, report to the required monthly meetings with the judge for his progress reports and comply with the required payment of restitution laid out by the judge. The defendant may be required as part of their conditional release to agree to electronic monitoring by wearing a scram ignition interlock device. The defendant could also be required to attend therapy, counseling, or treatment programs. Depending on the offense, the defendant could be asked to submit to drug testing and abstain from alcohol or drugs as part of his or her probation conditions or may be served with a restraining order and have to pay victim restitution. The defendant will also have to complete community service, obtain employment and/or education depending on the defendant’s needs.

What is the time frame of misdemeanor probation?

The probation period for a misdemeanor offense can be anywhere from 6 months to 5 years and may be reduced for good conduct.

What happens under ISS?

The consequences of probation depend on the type of suspension the defendant received at sentencing. If the defendant received ISS, then at the successful completion of his or her probation, the original sentence will not be imposed. However, if the defendant received ISS and violates his or her probation, then the court may modify probation and impose a sentence within the statutory maximums for the offense the defendant was convicted.

What happens under ESS?

The consequences of probation depend on the type of suspension the defendant received at the sentencing. If the defendant received ESS, then at the successful completion of his or her probation, the defendant will have a conviction of his or her record but no sentence will be executed. However, if the defendant received ESS and violates his or her probation, then the court may revoke probation and the defendant will have a conviction and serve the original sentence that was already imposed by the judge for this conviction.

Who should you contact about misdemeanor probation?

Everybody makes mistakes, yet even the most minor mistakes can have harsh consequences. A misdemeanor is a less serious offense but nonetheless a serious matter that will be tried in a formal court proceeding. If you or a loved one has been charged with a misdemeanor you should contact an attorney that will thoroughly review your case and explain to you your options. Even if you have already been convicted of a misdemeanor and are awaiting sentencing, it is not too late, serving time in county jail does not have to be a consequence. You do not necessarily need to give up your liberty, there are other sentencing options available to you. At Monder Law Group, we will fight zealously for our clients and if you are required to serve time, our experienced attorneys will work with the prosecutor and the court to obtain probation for your misdemeanor instead of time in county jail.

If you have any questions about a misdemeanor probation violation, please contact San Diego Criminal Defense Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Defense 

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Felony Probation Violation

What it is?

Felony probation is a sentencing option that offers a defendant convicted of a felony conditional release as an alternative to incarceration in state prison.

 What it is not?

When a defendant is convicted of a felony that may qualify for probation, before the sentencing hearing takes place, the court will refer the matter to a probation officer. The probation officer will investigate the circumstances surrounding the offense, the defendant’s prior history and the defendant’s criminal record. Based on these factors, the probation officer will evaluate the defendant’s eligibility for probation and write a report on his or her findings. The probation officer’s report will include the probation officer’s recommendation of whether to grant or deny probation. If the probation officer recommends granting probation, he or she will include in the report the recommended conditions and duration of probation that should be imposed by the court. The probation officer’s report will then be submitted to the court, the prosecutor, and the defense attorney for them to review the probation officer’s recommendations. At the time of the sentencing hearing, both the defense and prosecution will receive the opportunity to highlight the mitigating factors and aggravating circumstances listed on the probation officer’s report and the court will make a determination whether or not to grant the defendant probation. If probation is denied, the defendant will be incarcerated and a copy of the probation officer’s report will be sent to the Department of Corrections and Rehabilitation at the state prison. On the other hand, if probation is granted by the court, probation services will administer the specific conditions recommended by the probation officer and laid out by the judge to hold the defendant accountable. The defendant will be conditionally released on probation and receive either a suspension of the imposition of his or her sentence (ISS) or a suspension of the execution of his or her sentence (ESS) with an incarceration amount preset by the court in case probation gets revoked.

What does the probation officer’s investigation consist of?

The probation officer will investigate the circumstances surrounding the offense, looking at both the seriousness and criminal sophistication of the crime. The probation officer will also look to see if the defendant has a criminal record and go thru the defendant’s prior history to assess the defendant’s willingness and likelihood to comply with the probation officer’s recommended conditions of probation.

What are the conditions that must be met for felony probation?

A defendant who has been convicted of a felony and is granted probation by the court must have good conduct throughout his or her probation period. This means that the defendant must follow the law, report to the required monthly meetings with the probation officer, submit to drug testing and participate in treatment programs, if part of his or her probation conditions. The defendant will also complete community service, agree to go to counseling, comply with the required payment of restitution laid out by the judge, and agree to submit to searches of the defendant’s person or property, as directed by the search conditions of the defendant’s probation.

The consequences of probation depend on the type of suspension the defendant received at sentencing. If the defendant received ISS, then at the successful completion of his or her probation, the original sentence will not be imposed. However, if the defendant received ISS and violates his or her probation, then the court may modify probation and serve a sentence within the statutory maximums.

What happens under ESS?

Who should you contact about felony probation?

If you or someone you know is facing felony charges, know that you may qualify for probation as a sentencing option. At Monder Law Group, we are experienced attorneys who understand that sometimes what a defendant needs is an opportunity to rehabilitate. Felony probation provides defendant’s the chance to avoid incarceration and rehabilitate in the community but this option requires a complete understanding of the conditions that it imposes. You can count on Monder Law Group to assist you in making an informed decision. Our attorneys are knowledgable in probation and will take the time to explain to you both the options provided by felony probation and the consequences that may arise if you fail to meet these conditions.

If you have any questions about criminal felony probation violation, please feel free to contact SAN DIEGO CRIMINAL DEFENSE ATTORNEY VIK MONDER AT 619-405-0063 or visit SAN DIEGO CRIMINAL DEFENSE

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Deferred Judgement Criminal

What it is?

Deferred adjudication is a type of plea deal that requires a defendant to plead guilty or no contest to the criminal charges against him or her, in exchange for supervised probation.

It is a delay of formal judgement.

What it is not?

It is not a formal conviction.

Deferred adjudication happens prior to a conviction or sentencing.

How does deferred adjudication work?

Deferred adjudication in some states is only a viable option for first time offenders, other states do not allow the option of deferred adjudication at all. California allows the option of deferred adjudication thru a Deferred Entry of Judgment program that is available to both first time offenders and repeat offenders. Deferred Entry of Judgment functions as a plea deal that may be recommended by the prosecution and offered to a defendant as an alternate route to formal conviction at the discretion of the judge. The Deferred Entry of Judgment is a voluntary program that requires a defendant to admit to the crime by either pleading guilty or no contest to the charges against him or her, in exchange for

delay of a formal conviction on the record. If a defendant qualifies for a Deferred Entry of Judgment, the prosecution will make an initial assessment of the defendant to see if the defendant’s criminal behavior can be corrected with supervised probation and if so what specific conditions would serve the defendant’s rehabilitation best. It is at the prosecution’s discretion to decide what conditions to recommend for the defendant’s Deferred Entry of Judgment program. After obtaining the prosecution’s recommendations, the judge will set the conditions that must be met an give an allotted period of time for the defendant’s successful completion of his Deferred Entry of Judgment. Now instead of going thru the traditional stages of the criminal justice process, the formal conviction of the defendant will be deferred and the defendant will be placed under the supervision of probation services. Probation services will administer the specific conditions recommended by the prosecution and laid out by the judge. Upon successful completion of the Court’s requirements for Deferred Entry of Judgment in the allotted time prescribed by the Judge, the defendant may avoid a formal conviction on their record and at the end of his or her probationary period, have their case dismissed.

Who qualifies for deferred adjudication?

California allows the option of deferred adjudication to both first time offenders and repeat offenders who may benefit from supervised probation.

What type of crimes are eligible for the option of deferred adjudication?

Deferred Entry of Judgment in California is reserved for first time or repeat offenders of the more minor crimes, like shoplifting and drug possession.

What type of crimes are not eligible for the option of deferred adjudication?

Deferred Entry of Judgment is not available for cases of driving while intoxicated (DWI) or driving while license is suspended (DWLS).

What are the conditions that must be met?

A defendant participating in a Deferred Entry of Judgment program must be in supervised probation, have good conduct throughout the program and is required not to be arrested again. Conditions can further range from counseling,  to treatment programs, to some type of community service, and depending on the defendant’s needs, education and/ or employment may be required.

What happens if conditions are not met?

If the defendant fails to meet the conditions imposed by the judge and agreed to by the defendant as part of the plea deal, the Deferred Entry of Judgment can be terminated at any time by the judge. If the Deferred Entry of Judgment is terminated and supervise probation is revoked, the defendant could face the full range of his charges up to the maximum sentence that is available for the crime.

What happens when the conditions are met?

If all of the conditions imposed by the judge and agreed to by the defendant as part of the Deferred Entry of Judgement plea deal are met, probation services will inform the prosecutor that the defendant has successfully completed the deferred and their case will be dismissed.

Who should you contact?

Deferment in all jurisdictions requires that the defendant plead either guilty or no contest, this is an admission of a guilt and for that reason you should consult with an attorney to decide if deferred adjudication is the best option for you. At Monder Law Group, we are experienced criminal attorneys, we know what strategic decisions to make and will look at the specifics of your case to make sure that the consequences of these decisions are known and explained to you in advance. Together we will fight zealously for the best possible outcome.

If you have any questions about deferred judgement criminal case please contact Criminal Defense Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Defense

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Criminal Diversion Program

What is it?

Pretrial diversion is a program that offers a second chance for first time offenders by giving the defendant an alternate route to prosecution.

It is a deferred prosecution.

What it is not?

It is not a guilty plea or a no contest plea.

Pretrial diversion happens at any time before the trial begins and before any plea to a charge is made.

How does pretrial diversion work?

Pretrial diversion requires the representation of counsel to waive a defendant’s right to a speedy trial and any protections afforded under the the statute of limitations. It is a voluntary program that a defendant must be pre-screened for by submitting to a series of confidential interviews with pretrial services and the prosecution. At the end of these interviews, it is at the prosecution’s discretion whether or not to recommend the defendant for a pretrial diversion program. After obtaining the prosecution’s recommendation, the judge will be the one to decide if a defendant is admitted to a pretrial diversion program and will set the conditions that must be met for a successful completion. If defendant is admitted into a pretrial diversion program, then the defendant and counsel must sign a pretrial diversion agreement along with the prosecutor, and either the Chief Pretrial Services Officer or the Chief Probation Officer. The diversion period begins as soon as the pretrial diversion agreement is signed. Now instead of going thru the traditional stages of the criminal justice process, prosecution of the defendant will be diverted and the defendant will be placed under the supervision of probation services. Probation services will administer the specific conditions recommended by the prosecution and laid out by the judge. The defendant must meet these specific conditions as part of their pretrial diversion agreement. If the defendant successfully completes the specified conditions then the defendant will not be charged and the case against the defendant may be dismissed.

Who qualifies for the option of pretrial diversion?

A defendant facing his or her first charges for a criminal offense where the nature of the offense falls under the category of pretrial diversion crimes and the defendant is not likely become a repeat offender. Most important is that the defendant is a U.S. citizen with strong ties to the community.

What provisions does a pretrial diversion agreement contain?

The agreement outlines the terms of the pretrial diversion program and the conditions of supervision. As part of the agreement, the defendant is not required to admit guilt but must acknowledge responsibility for their actions. After all, the objective of pretrial diversion is for defendants to be given the opportunity to assume responsibility and rehabilitate themselves.

What is the time frame of a pretrial diversion program?

The period of supervision for a pretrial diversion program is not to exceed 18 months but may be reduced.

What are the conditions that must be met?

A defendant participating in a pretrial diversion program must have good conduct throughout the program, accompanied by probation, counseling, some type of community service, and depending on the defendant’s needs, education and/ or employment may be required.

What happens if the conditions are not met?

If a defendant fails to meet any of the conditions imposed by the judge and agreed to by the defendant as part of the pretrial diversion agreement, probation services will inform the prosecutor. The prosecutor then has the option to end the defendant’s unsuccessful pretrial diversion and continue with the trial stage of the criminal justice process as if no diversion had ever occurred. If the prosecution decides to end the defendant’s pretrial diversion and resume prosecution, then the defendant will be notified by the prosecutor.

What happens when the conditions are met?

If all of the conditions imposed by the judge and agreed to by the defendant as part of the pretrial diversion agreement are met, probation services will inform the prosecutor that the defendant has successfully completed the pretrial diversion program. The Chief Pretrial Services Officer or the Chief Probation Officer will then proceed to file an FBI Disposition Form R-84 so that the record will indicate successful completion and the prosecutor will formally decline prosecution of the defendant.

Who should you contact?

If you or a loved one was just arrested and you do not have a criminal history, making this your first offense, contact Monder Law Group you may be eligible for a pretrial diversion program. At Monder Law Group, we are knowledgeable attorneys with experience obtaining pretrial diversion programs for our clients. We understand that mistakes happen but one mistake does not define a person and does not have to follow them the rest of their lives. Pretrial diversion programs are all about giving second chances to first time offenders who acknowledge they have made a mistake and would like to move forward with their life. Our attorneys will work zealously to obtain a second chance for you to learn from your mistake and turn your life around.

If you have any questions about a criminal diversion program, contact Criminal Defense Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Defense

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Plain View Search

When Does a Law Enforcement Officer Have the Legal Right to Seize Evidence and Arrest Someone Without a Warrant?

The Doctrine of Plain View allows a law enforcement officer to SEIZE evidence of a crime, WITHOUT obtaining a SEARCH WARRANT, when that evidence is in PLAIN SIGHT.

The courts have established a three prong test to determine how law enforcement officers must proceed in situations where there is no warrant but the evidence of criminal behavior is in plain sight:

First, the law enforcement officer must be LAWFULLY present at the place where the evidence can be plainly viewed;

Second, the law enforcement officer must have a lawful right of access the object. (This means that the officer is required to have probable cause to believe the item in question is evidence of a crime or is contraband);

Third, the incriminating character of the object must be immediately apparent. (This means that law enforcement officers may NOT move objects to get a better view of the item in question).

If you have any questions about police having probable cause for a plain view search, please feel free to contact Criminal Defense Attorney Vik Monder at 619-405-0063 or visit San Diego Defense Attorney

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Drug Possession

Are you or anyone you know being investigated for drug possession?

Drug Possession covers many different offenses. Charges can vary from simple possession to intent to sell or distribute, just on the quantity that you posses.

Drug Possession also covers many different drugs. Charges can vary for
controlled substances from some of the compounds used to manufacture  cocaine to the actual cocaine itself.

This is why it is so important that you are aware of the factors that are considered before being charged with drug possession.

First what are the determining factors?

Type of drug
Amount of drugs
Quantity of drugs
Whether for personal consumption Whether for sale or distribution
Quality of drugs

Next, you are going to want to know the different punishments that may result if drug possession is charged as a misdemeanor or a felony?

When drug possession is a misdemeanor, punishment can be

Up to one year in county jail
Up to $1,000 fine

When drug possession is a felony, punishment can be

Probation
Up to one year in county jail
Sixteen months, two years, or three years state jail

Do not let these punishments intimidate you, contact Monder Law Group, we are experienced criminal law attorneys and are prepared to thoroughly review the details of your case to find the best defense for you.

If you have any questions about drug possession or want to know if you qualify for PC 1000 or Prop 36, please contact Attorney Vik Monder at 619-405-0063 or visit San Diego Drug Attorney 

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Miranda Warning

What is a Miranda warning?
A warning given by law enforcement officers informing you of your rights regarding police questioning. It is intended to let you know that anything you say can be used against you in trial.

What are your Miranda rights?
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.”

When should a Miranda warning take place?
A Miranda warning should be read after an arrest has been made and before law enforcement officers begin questioning you.

What to do when given your Miranda warning?
Do not aggravate the situation, simply exercise your right to remain silent and request that an attorney be present before any questioning begins.

Why should you exercise your right to remain silent?
You do not want to have your own statements misinterpreted and used against you. It is important to remember that you have a right to remain silent and cannot be arrested for simply refusing to answer the law enforcement officer’s questions.

What happens if you did not exercise your right to remain silent?
You were arrested and proceeded to answer the law enforcement officer’s questions. These statements can and most likely will be used against you in trial. But it is not too late, end any questioning by asking for an attorney to be present.

If you have any questions about Miranda Warning, please contact Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Defense

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Search Warrant

The Fourth Amendment of the U.S. Constitution guarantees the right of the people, that no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 

What is a search warrant?

A court order signed and issued by a Magistrate or a Judge.

What does a search warrant do?

It authorizes law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate evidence if found.

What is required for a search warrant?

Law enforcement officers must have probable cause to believe that criminal activity is occurring at the place to be searched or that evidence of a crime may be found there.

What are the search warrant’s limitations?

Law enforcement officers can only search the place particularly described and usually only seize the people or property particularly described in the search warrant.

What are the exceptions to a search warrant?

If in the course of their search, law enforcement officers come across contraband or evidence of a crime that is not listed in the warrant, but in plain view of the officers, they can lawfully seize the unlisted items.

If the warrant specifies a certain person to be searched, law enforcement officers can only search that person, unless they have independent probable cause to search other persons who happen to be present at the scene of a search.

What are the requirements of a valid search warrant?

1) The search warrant must be filed in good faith by a law enforcement officer

2) The search warrant must be based on reliable information showing probable cause to search

3) The search warrant must be issued by a neutral and detached magistrate

4) The search warrant must state specifically the place to be searched and the items to be seized.

How can you safeguard your Fourth Amendment right?

By contacting Monder Law Group, we will review your case and look to see if the evidence against you was obtained without a valid search warrant. If so, we will challenge the validity of the warrant before trial and make sure that no exception to the search warrant requirement applies. A search warrant gives law enforcement officers the power to search and seize, but the Fourth Amendment of the U.S. Constitution limits this power and protects people against arbitrary, police intrusions and illegal seizures.

If you have any questions about search warrants, please feel free to contact Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Defense

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San Diego DUI

Just got a DUI and the officer took your drivers license, what happens next?

At this point the officer has forwarded your drivers license along with a copy of the completed notice of suspension or revocation form and a sworn report of the incident to the DMV. Also, it is important to know that following a DUI it is very likely that your insurance company might terminate your insurance policy.
Punishments for DUI can vary, you may be sentenced to pay fines, take classes, be placed on probation, have your drivers license revoked or even serve time in jail. A DUI can be a life altering event but it does not have to be.

You should contact Monder Law Group, a DUI is a serious offense that requires experienced and qualified attorneys to begin working immediately on your DUI defense.

At Monder Law Group we understand that you have responsibilities and obligations and how important it is for you to get your drivers license back. That is why we begin by reviewing your DUI arrest details, we request a hearing from the DMV and will appear at your court date for you. At this hearing we will work hard to get a temporary or restricted drivers license for you. We will also file an SR-22 form which serves as proof that you have the proper amount of insurance that is required by the state of California. What this means is that you will be able to carry out your daily obligations. A temporary or restricted drivers license allows you to get back and forth from home to school or work or daycare.

You do not have to fight your DUI charges alone, let us attack them for you, do not let one mistake alter your life and the life of those who depend on you.

If you have any questions about a San Diego DUI, please contact Attorney Vik Monder at 619-405-0063 or visit San Diego DUI Attorney

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DUI Breathalyzer Test

Are you actually required to take a breathalyzer test when pulled over for a DUI? No.

Before any lawful arrest, a breathalyzer test is only a preliminary field sobriety test that may be taken after being pulled over for suspicion of driving under the influence. The results of this preliminary test are actually used to establish probable cause that you were driving under the influence. Therefore, before deciding whether submit to preliminary testing, it is important to consider all the factors the officer might have to think you have been drinking.

The implied consent law in the California Vehicle Code Section 23612 only applies to mandatory chemical tests. A chemical test is a test of your blood, your breath, or your urine. Such a test is only mandatory when you are being arrested by a police officer who already has probable cause to believe that you have been driving under the influence. At which time you have the right to choose between a blood or breath or urine test. Whichever test you choose, know that it will be used for the purpose of determining your blood alcohol content (BAC) and must be administered at the time of your arrest. It is important to note that the BAC of 0.08% or greater is considered driving under the influence.

If you have any questions about a DUI Breathalyzer Test, please contact attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Defense