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Common Drug Crimes & Penalties in California Pt. 2

It’s never easy to face legal trouble, and this holds especially true for different drug-related offenses. While not all drug crimes are severe and implement stringent punishments, there are some very serious ones that require you to hire one of San Diego’s most reputable drug attorneys to help you out. However, before you do so it’s important to gain more information about the most frequent drug offenses and the punishments they can carry.

What are the most frequent drug-related offenses in California?

We live in fast-changing times when the perception of certain less serious drug-related offenses is gradually becoming more lenient. However, there are still some very serious drug crimes that the state of California rightfully recognizes and inflicts potentially severe punishments when the prosecutors ascertain the guilt:

Sales and transportation

All individuals can be found guilty of sales and transportation of illegal substances if they assist or carry out transportation and import of illegal substances into the state of California. This charge counts different means of transportation and the defendant doesn’t have to be in actual physical possession of the drugs to be charged with this crime. To receive a conviction for this alleged crime you have to:

• Transport illegal substances or drugs.
• Possess a sufficient amount of illegal substances or drugs to be able to sell them.
• Be in control of illegal substances or drugs and be aware of the illegality of the substance of drug and their presence.

Potential penalties

Depending on the circumstances of the case, sales and transportation charges can result in felonies that lead to prison time in the duration of one, three, or five years. Also, the fines can be up to $20,000. Some of the aggravating factors include past criminal history, travel distance of the substance, as well as the amount of the substance in question.

Manufacturing

Manufacturing illegal substances and drugs is a serious crime that refers to all individuals who prepare, process, produce, convert, compound, or manufacture these types of substances. This can relate to both direct and indirect manufacturing through chemical extraction or chemical synthesis. To receive a conviction the state has to prove:

• Possession and control of illegal substances or drugs.
• Intent to manufacture illegal substances or drugs.

Potential penalties

Usually, manufacturing charges result in as many as seven years in prison and a fine of up to $50,000, as well as a combination of both prison time and fine. Time spent in prison increases for previous convictions and the location of the manufacturing, for example the vicinity of a drug treatment facility or school.

Under the influence

These charges include all individuals discovered to be under the influence of any controlled substance. The police have to detect any amount of a drug within your system, excluding marijuana. To prove your guilt, the authorities have to ascertain:

• That the defendant illegally and willingly used a controlled substance or a drug.
• That the defendant was proven to be under the influence of a controlled substance or a drug.

Potential penalties

The severity of the charges for under the influence offenses vary from imprisonment to informal probation and drug counseling and depend on various aggravating and extenuating circumstances.

What is San Diego’s top legal firm with experienced drug attorneys?

When you’re up against serious drug charges it’s easy to feel bad and unable to take the right steps toward securing your freedom. However, there’s a way out of your predicament. First, remember to explore the penalties you can expect for some of the most frequent drug offenses in California. Then, see which useful defense strategies are applicable to your particular case. Finally, hire the services of a professional drug offense attorney.

This is where Monder Criminal Lawyer Group comes in. We’re a team of highly experienced drug attorneys dedicated to helping you earn a favorable resolution to your case. We’ll assess all the aspects of your charge and formulate a detailed strategy to help you win it. It makes no difference if you committed your alleged drug offense in Webster or any other nearby area, you can rely on our assistance in all cases. Reach out to us today!

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Common Drug Crimes & Penalties in California Pt. 1

Drug crimes and offenses are very common in the state of California, which doesn’t make them any easier. In fact, there are several very serious and frequent drug crimes that require the services of an experienced drug attorney in San Diego. However, before hiring a reputable attorney to represent your case it’s important to learn more about it and see what the potential punishments for your charges can be.

What are the most common drug offenses in California?

The perception of the public regarding drugs has changed and continues to change over the years, especially when it comes to the recreational consumption of marijuana. However, the law in California is not as quick to change and there are still serious punishments for both the lesser and more severe drug-related offenses:

Marijuana-related offenses

The state of California recognizes several different offenses regarding marihuana, all of them regulated by the California Health and Safety Code 11357. There are different marijuana laws that relate to the cultivation, distribution, and the possession of this illegal substance.

According to these laws, all amounts of marijuana that have the weight of under 28.5 grams fall under the category of simple possession. However, higher amounts can fall under the category of distribution regardless of whether or not the offender has the card for medical marijuana. Cultivation refers to the practice of growing marijuana with an intent of selling it to third parties.

Potential penalties

When charged for marijuana possession, this is usually a civil infraction that results in fines of as much as $100. However, there’s a potential for increasing penalties if you were in the vicinity of a school when found in possession of this illegal substance.

If you carried more than 28.5 grams, the offense is a misdemeanor and can carry the punishment of up to 6 months in prison and financial penalties of over $500. Distribution of marijuana is a felony and carries more stringent punishments than possession over 28.5 grams. Finally, cultivation is a serious offense that can be tried as a felony resulting in as many as 36 months of prison time.

Possession

There are five categories of drug possession in the state of California:

• Schedule I: This includes drugs that have the most potential for abuse and dependency, such as LSD, heroin, and marijuana.
• Schedule II: This refers to drugs that have a high dependency and abuse risk, such as cocaine, meth, and morphine.
• Schedule III: This category refers to drugs with smaller dependency and abuse potential, including some depressants, benzphetamine, ketamine, and testosterone.
• Schedule IV: This is a category reserved for drugs with minor risks and that have a wide medicinal usage, such as tranquilizers, sedatives, and barbital. However, only a possession of large quantities can lead to charges.
• Schedule V: Finally, this category includes drugs with a minimal risk of abuse and dependency, including various prescription medications such as Tylenol and cough suppressants.

Potential penalties

The potential punishments for drug possession widely differ depending on the amount and the type of drug found in your possession and they can result in felonies, misdemeanors, and infractions.

Possession for sale

Possession for sale refers to the defendant having a large amount of an illegal substance in different schedules proscribed by the law in California. In order to be charged and convicted of possession for sale, the authorities have to ascertain the following:

• The defendant had the intent to exchange drugs for valuables or money.
• The defendant had the sufficient amount of substance for sale.
• The defendant was in possession of any of the illegal substances.

Potential penalties

Similarly to simple possession, the penalties for this offense vary depending on the amount and the type of drug in possession, as well as the past criminal history and potential aggravating circumstances.

Who are the leading drug attorneys in San Diego & the area?

Facing drug charges is a stressful time in your life since these offenses can often be very serious. To prepare you should first learn more about the most common drug-related offenses and their potential consequences. However, also remember to explore the most useful defense strategies lawyers implement in drug cases so as to know what to expect. Then, hire the most experienced drug crime attorneys to help you win your case.

This is where Monder Criminal Lawyer comes in. We’re a collection of legal experts who specialize in helping individuals deal with the drug charges against them. We offer professional legal counsel and guidance throughout your process and we’ll help you achieve a favorable result. It doesn’t matter if you were accused of a drug crime in Paradise Hills or another location in the city, we’re here for you. Give us a call today!

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3 Strategies for Fighting Traffic Tickets

Faced with a traffic violation that usually involves paying a fine, your initial instinct is probably to just pay up, no matter if you’re actually in the blame for the alleged offense. However, there’s no reason to go this way if you’re certain of your innocence. First, consider hiring reputable traffic ticket attorneys in San Diego to help you prove your innocence. Then, get familiar with some of the most useful strategies for fighting unjust traffic tickets.

How can I fight a traffic ticket?

Traffic violations and tickets seem like a very small deal, at least in the beginning, so the vast majority of people choose to simply pay their fine and get it over with. However, a simple traffic violation negatively affects an individual’s driving record and it also influences insurance rates, so it’s better to fight it than to let it slide. Here are some strategies for fighting traffic tickets:

Disputing the opinion

The first thing you can do when faced with an unjust traffic ticket is to dispute the officer’s opinion of the event. A police officer is required to place their personal opinion regarding the events that led to your violation, which is vital in those violations where it’s up to the officer to explain the reason behind you receiving the violation.

There are different examples where you can successfully dispute the opinion of the officer regarding your violation and get out of it. For example, if you’re going 75mph in a zone with the limitation of 65mph, you’re free to argue other drivers using the same speed due to the safety of driving 75mph in that zone.

Another example is illegally changing lanes due to certain traffic conditions occurring at the moment. Also, you can dispute your lane-changing maneuver by emphasizing its safety at the point of your violation and that you weren’t placing any other participants in danger with your actions. There are also many other circumstances in which you can dispute personal opinions.

Disputing evidence presentation

Another common way to fight your traffic violation is to dispute the way in which the officer accusing you of the violation has presented their evidence. You can achieve this by implementing some strategies for disputing evidence that will corroborate your claims, such as:

• Eyewitness statements from pedestrians, other drivers, and passengers confirming your side of the story.
• Diagrams that clearly state your relation to other cars at the moment and which emphasize that your maneuver was completely safe or justifiable according to traffic circumstances.
• Providing photographs of the alleged scene of the violation that work in your favor and that allow you to clearly demonstrate the truth behind your claim against the evidence supplied by the police officer.

Presenting evidence for “Mistake of Fact”

This allows you to call upon your state of mind during the alleged violation and provide evidence that you were acting according to your best judgment. For example, illegally switching lanes could be because of the worn-down state of the lane markers, not allowing you to discern between the legality and the illegality of your actions.

Another common strategy is disputing the position and the visibility of a stop sign that you unwillingly ran because you failed to properly notice it due to conditions beyond your control.

Who are the top traffic ticket attorneys in San Diego?

When you’re facing one of the most frequent types of traffic violation charges, it’s important to reach quickly and hire an experienced lawyer who will help you deal with your charges. There are many reasons why you should hire an experienced legal professional to provide legal counsel. Not only do they know all the details regarding common traffic offenses, but they’ll also represent your best interests in court.

However, if you’re unsure which legal firm you should hire in San Diego and the area, you should always go for Monder Criminal Lawyer Group. We’re a boutique firm that focuses on tailored representation and a personal touch. We’ll take the time to carefully inspect the circumstances of your case in Liberty Station or any other place in the city and work on creating the strongest possible case in your favor. Give us a call today!

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5 Reasons to Hire a Lawyer for a Traffic Violation

It’s not fun getting a traffic ticket, even if it is one of the minor violations an individual can make. Chances are, you’re going to get one at one point or another, whether you’re really guilty or you’re not at fault. However, you shouldn’t leave things at that, and you should hire an experienced traffic ticket attorney in San Diego to help you get out of your fine, or at least minimize your expenses. Why? There are many reasons for hiring legal representation.

Why should I hire a lawyer to help me with my driving offense?

At first, a traffic ticket seems harmless enough. After all, it’s just a fine. However, that’s not entirely true. Receiving a parking ticket isn’t just a temporary financial setback. In fact, it can lead to an increase in your insurance rate and negatively affect your current driving record. So, why not hire a lawyer to help you get rid of it? Here’s how attorneys can help:

They might get you out of it

Traffic violation attorneys have ample experience helping individuals get out of traffic-related charges and tickets. For example, a skilled lawyer can implement one of the many strategies available that will help you get out of your traffic ticket.

One of the most common methods is spotting an error on your traffic ticket, which allows your attorney to react and to get the ticket dismissed based on lack of compliance. What’s more, they’ll also provide the information and documentation necessary to finalize the process of getting your ticket annulled.

A lawyer could reduce your ticket

However, eliminating your ticket is not the only thing your lawyer can do. For example, if there’s no error on the ticket and there are no other options available to get out of it, a qualified attorney will do the next best thing – reduce your ticket as much as possible.

Your lawyer will do all they can to negotiate a more favorable fine that you can pay more easily, without a significant dent in your finances. From using your good driving record to other extenuating circumstances that work in your favor, they’ll find a way to lower your fine.

Your rights will remain your own

One of the crucial aspects of enlisting assistance from an experienced traffic violation lawyer is that they’ll represent your rights in front of the court. Without professional help, you’d likely be left to your own devices and without knowledge of your basic rights in a case such as yours.

This, in turn, leads to less favorable tickets or sentencing, causing both financial hardship as well as mental and emotional strain. However, a lawyer is always there to help you get your voice and your side of the story across.

It’s not expensive

Most people refrain from contacting a lawyer to help them fight their traffic ticket because they’re afraid of the costs. In reality, experts make quick work of parking or traffic tickets and other minor offenses, meaning you’ll pay far less for their services than you initially thought.

Prosecutors won’t intimidate them

Finally, you stand little chance against a seasoned prosecutor without a skilled lawyer at your side. What’s more, a prosecutor is far more likely to intimidate you than a professional, leaving you with little room to state your case and adequately defend yourself. A lawyer knows all the tactics of the prosecution and will not allow them to take advantage of your lack of experience.

Who is the leading traffic ticket attorney in San Diego?

Whenever you find yourself faced with one of the most common traffic violation charges, it’s important to secure professional legal representation for a wide range of reasons. Not only do lawyers understand the details regarding frequent driving violations, they also have ample experience representing individuals and reducing their fines. That’s why a lawyer is your best strategy for fighting your traffic offense.

And when you need experienced traffic violation lawyers, you should always reach out to Monder Criminal Lawyer Group. We’re the leading boutique legal firm in San Diego and we specialize in providing representation in traffic violation cases. It doesn’t matter if you’ve made your alleged offense in Bankers Hill or another location in the area, we’re here for you. COntact us today and let’s see how we can help you win your case!

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Common Driving Violations & Potential Punishments Pt. 2

It seems that driving violations are, unfortunately, an unavoidable part in the life of any driver in the United States. There are numerous reasons why individuals across the country receive traffic violation tickets which can have either minor or major consequences, depending on the type of offense. Knowing what some of the most frequent violations are and the punishments they can bring will help you decide if you need help from traffic violation lawyers in San Diego.

What are the most frequent driving violations?

Participating in traffic on a daily basis carries the potential to commit one or several driving violations. It happens to most drivers at one point or another, making it extremely important to get familiar with the most common traffic violations and the punishments they can carry if you commit them:

Illegal passing

A no-passing zone iz a well-marked section of the road involving either a solid or a double line. However, some drivers either fail to notice these clear markings or wilfully choose to disregard them, committing a serious traffic violation.

Attempts of passing in these zones involve being pulled over by the police and receiving a high fine for your actions. The reason for this is that these areas are dangerous for overtaking and can place other drivers at risk of collision.

Not wearing a seatbelt

Both passengers and drivers have to wear seatbelts in all states of the USA, including California. Failing to do so always results in a fine. That’s because not wearing a seatbelt and being involved in a collision greatly increases the chances of more serious injuries.

Although seat belts are not always the primary reason for being pulled over, a police officer will write up a ticket for failing to fasten them.

Absence of insurance

Drives in California, as well as other states of the USA, have to possess automobile insurance for the vehicle they’re operating. Not having such insurance is a violation of state law. Such offenses usually involve very high fines. What’s more, they can cause suspension if you repeat the violation.

DUI

Driving under the influence is one of the most serious traffic violations an individual can commit, but still one of the most common. Drunk driving or drugged driving causes severe automotive accidents in which thousands of individuals lose their lives every year.

California adopts a punitive approach to resolving such incidents, resulting in major fines, jail time, and other adjoining consequences.

Not stopping for a school bus

Finally, failing to stop for a school bus is also among the most commonly-committed traffic violations in the state of California. Every driver is required to stop and allow a school bus to pass for the safety of the children in it. Not stopping carries a ticket and a fine.

Who are the leading traffic violation lawyers in San Diego?

Having an in-depth knowledge of the most frequent traffic violations and their potential punishments is the first step in avoiding making them and preventing potentially serious consequences. However, if you’re already committed such a mistake, it’s time to hire an experienced attorney to help you fight your driving violation charge with some of the most effective defense strategies against traffic offenses.

If you’re unsure which lawyers specializing in driving offenses you should hire, reach out to Monder Criminal Lawyer Group. Our boutique law firm will dedicate all our time to helping you quickly and successfully resolve your driving violation charges. Come to our offices for a free consultation first and we’ll start devising a tailored defense strategy. We’ll help you attain peace again and enjoy the beautiful La Jolla Cove without a worry in mind. Call now!

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Common Driving Violations & Potential Punishments Pt. 1

Traffic violations are some of the most common offenses individuals across the United States, including California, make. Unfortunately, the majority of drivers commit a less severe offense at a certain point in their lives. That’s what makes it important to know what the most common offenses are and what punishments you can expect unless you hire an experienced traffic violation lawyer in San Diego to represent your case.

What are some of the most common driving offenses?

There are numerous traffic offenses drivers across the country commit. These violations come with varying degrees of severity and their potential punishments vary from mild fines to severe consequences. It’s always best to avoid committing traffic violations. However, if it happens, it’s best to know more about them and their repercussions:

Speeding

This is one of the most common traffic offenses and it involves individuals driving above the stated speed limit on the section of the road they find themselves on. Although it’s generally acceptable to drive approximately five miles above the limit, police offices will write up tickets for any violation of the speed limit.

Double-digit violations, on the other hand, lead to increased fines and even more severe consequences depending on the circumstances of the violation committed.

Not stopping at a red light

Drivers have to stop at a red light by law. Regardless, failure to stop your vehicle at a red light is still one of the most frequent traffic violations individuals commit. In fact, it’s highly common for a driver to try to speed through a yellow light instead of stop and prepare for the red light, leading to tickets and fines. Consequently, speeding through a red light carries more serious punishments.

Not signaling

Failing to properly signal the direction you’re going to turn in is a minor offense, but still an extremely frequent one. In fact, it seems that signaling is becoming increasingly popular among younger drivers, leading to a high frequency of such violations.

This is highly prominent during lane changes, potentially endangering other drivers. Such offenses usually involve receiving a ticket and a fine, lest they result in a more serious circumstance.

Reckless driving

Reckless driving involves using both excess speed and utmost disregard for the health and safety of all other individuals currently involved in traffic. As such, reckless driving constitutes a serious offense that most commonly involves a criminal charge. Depending on the circumstances, reckless driving can lead to very high fines and even jail time.

Closely following

This is an offense known most commonly as tailgating. It involves following a car in front of you in a dangerous manner, potentially risking a severe rear-end collision. When in traffic, it’s necessary to ensure a two-second distance between the car in front, minimizing the potential for accidents. Otherwise, you risk receiving a fine.

Who is the most reputable traffic violation lawyer in San Diego?

Knowing what some of the most common driving violations are and what punishments you can expect for them can help you avoid making these mistakes and potentially costly consequences. However, if you find yourself in a situation where you’ve committed such an offense, know that a skilled lawyer can help you with your traffic violation by implementing some tried-and-tested defense strategies designed to fight driving offenses.

But how do you know which reputable professionals you should hire when you find yourself in such a situation? The only answer is Monder Criminal Lawyer Group. We’re the top boutique legal firm in all of San Diego and its surrounding areas. Feel free to reach out to us at any time and we’ll assist you with your charges. Come in for a free consultation and gain peace of mind to enjoy Balboa Park again. Give us a call today!

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Manslaughter: Potential Punishments & Defense Strategies

Facing false charges for manslaughter is extremely stressful and it can severely impact your life. In fact, manslaughter is one of the most serious offenses you can be tried for. The first course of action should always be to hire the best possible criminal defense lawyer in San Diego, CA to help you prove your innocence. However, you should also become familiar with the most common punishments and defense strategies for manslaughter.

What are the punishments for manslaughter?

Not all manslaughter cases are the same. Depending on your type of manslaughter charge, there are different types of potential punishments you can expect. Here are the most common punishments across the three main types of charges for manslaughter in the state of California:

• Punishments for voluntary manslaughter: The state of California defines all voluntary manslaughter cases as felonies that can result in the following punishments:
  • 3, 6, or 11 years in state prison
  • Up to $10,000 in fines
  • Strike on your record and increased penalties in case of previous strikes
  • Community service
  • Counseling
  • Loss of right on firearms
• Punishments for involuntary manslaughter: California recognizes involuntary manslaughter as a felony. The potential punishments for this type of criminal offense include:
  • Two, three, or four years in prison
  • Fine in the amount of a maximum of ten thousand dollars
• Punishments for vehicular manslaughter: The penalties for vehicular manslaughter in the state of California depend on whether an individual acted with ordinary negligence or gross negligence.
  • If a person acted with gross negligence, the offense is a wobbler and can be tried as both a felony and a misdemeanor. In the case of a misdemeanor, the maximum sentence is a year in prison. If the case is a felony, the maximum sentence is six years in prison.
  • On the other hand, if a person acted with ordinary negligence, the offense is always a misdemeanor that can result in a single year in prison.

What are the common defenses for manslaughter?

Knowing the potential punishments is only one aspect of preparing for your case. Additionally, you should also learn more about the most common defense strategies you can implement for your case:

• Regular and imperfect self-defense: The law in California recognizes homicide during self-defense in case the defendant reasonably believed their life was in danger. Imperfect self-defense refers to the act of self-defense during which the force used to protect oneself from impending danger was above reasonable.
• Accidental homicide: This type of defense is possible in manslaughter cases if an individual died due to an accident and the following three criteria stand:
  • The individual acted lawfully
  • The individual wasn’t negligent
  • The individual had no intention to harm another person
• Improper investigation and lack of evidence: There are numerous manslaughter cases that feature a severe lack of evidence against the defendant. Also, these cases can also suffer from improper investigation, which can also be a strong defense strategy.

Who is the best criminal defense lawyer for manslaughter charges in San Diego?

Manslaughter is only one of the most serious criminal offenses you can be improperly charged with. That’s why you have to prepare yourself if you’re facing wrongful charges. First, see what the different types of murder charges are and how you can defend yourself against such accusations. Then, get familiar with the different charges in manslaughter cases and what you can do if it comes to that. Most importantly, find a good lawyer for your case.

Luckily, Vik Monder of Monder Criminal Lawyer Group is always at your side. Vik Monders has many years of experience successfully handling various types of manslaughter cases. He and his team will do everything in their power to secure a favorable sentence. Our offices are near Balboa Theatre, so feel free to come in for a free consultation and tell us what kind of problems you’re facing. Everything else is up to us.

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3 Types of Manslaughter

Manslaughter is a serious crime, almost as serious as homicide, and it can carry severe punishments and serious charges with it. That’s why you should work fast and secure an experienced lawyer for criminal defense in San Diego as soon as you’re falsely accused of manslaughter. However, you should also try to do your part and gain some knowledge about the three different types of manslaughter charges in California.

What are the three types of manslaughter?

Under Penal Code 192 PC, the state of California defines manslaughter as an unlawful killing of another human being without an intent of malice. However, this definition of manslaughter doesn’t translate equally into different types of cases for manslaughter.

In fact, California recognizes three distinct types of manslaughter depending on the circumstances of the case – voluntary manslaughter, involuntary manslaughter, and vehicular manslaughter. The details of your case affect the manslaughter you’ll face, which is why it’s important to know more about the three main categories in California:

Voluntary manslaughter

This type of manslaughter refers to the completely intentional killing of another human being that isn’t motivated by one’s own malice. This means that an individual can be charged with manslaughter, and not homicide, if they end another person’s life in the heat of the moment or in a fight.

Perhaps the most common example of voluntary manslaughter is during the heat of passion which can stem from various circumstances. This can happen during a heated argument between spouses, friends, or acquaintances. The term “heat of passion” refers to an uncontrollable emotion that any individual may experience in a similar situation.

Involuntary manslaughter

Involuntary manslaughter is a type of manslaughter that refers to the act of a person acting carelessly or recklessly, leading to another person’s death as a result. This means that the person had no explicit intent to harm another human being. Some of the common examples of involuntary manslaughter are:

• Accidental firearm discharging
• Improper medication prescription
• Unlicensed practice of medicine
• Forcing workforce to operate during extreme weather
• Failing to control an aggressive dog
• During a non-dangerous offense
• Performing a duty with criminal negligence

Vehicular manslaughter

The state of California recognizes vehicular manslaughter as the act of performing an offense that is not a felony but which ends in a fatal automotive accident resulting in another human being’s death. Some of the common examples of vehicular manslaughter include:

• Speeding
• Racing
• Texting in your vehicle while driving
• Driving while under the influence
• Driving while sleepy and falling asleep

Both voluntary and involuntary manslaughter are felonies, while vehicular manslaughter is a wobbler. Depending on the circumstances, it can be both a felony and a misdemeanor. If a defendant receives the charge of basic negligence, the vehicular manslaughter will probably be a misdemeanor. On the other hand, if a defendant receives the charge of severe negligence, vehicular manslaughter becomes a felony.

Who is the leading lawyer for manslaughter criminal defense in San Diego & the area?

It’s important to do everything you can to fight false criminal charges made against you. This means learning all you can about the different types of murder charges and the most frequent defense strategies for them. However, you should also get to know the details about the potential punishments and defense strategies for manslaughter. Once you learn all you can, it’s time to secure adequate legal representation for your case.

And you can’t do better than Vik Monder and his Monder Criminal Lawyer Group. He is one of the most successful criminal defense attorneys in San Diego and across the region. He has the expertise and the experience to aptly handle your case and secure a favorable outcome. We offer a free consultation. Our offices are conveniently located near Horton Plaza Park. Reach out to us today!

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Biggest Changes Under SB 384

California’s Senate Bill 384 has made various changes to current laws regarding sex offenses. The focus of these changes is to create better mandates for sex offenders through a new and improved system. Knowing how SB 384 changes the sex offender laws is vital when being falsely charged with committing such offenses. That’s why you should read through the following article before contacting San Diego, CA’s top criminal defense lawyer to help you.

What changes does California’s SB 384 introduce?

Senate Bill 384 will replace California’s existing laws regarding sex offenses and offenders. The single biggest change is the introduction of a new three-tier system in place of current lifetime registration of all sex offenders, regardless of the severity of the crime they were convicted of. The goal of these changes is to make the system more efficient for the law enforcement and to remove the unfairness of the system toward low-level offenders.

• Potential for removal from the registry: This bill entails is the potential for certain convicted criminals that fall into the first or second category to be deleted from the database for sex offenders. However, this is only possible upon successful completion of the ten or twenty years of their registration term.

Although all sex offenders have to register with the CSAR database, low-level offenders will receive the opportunity to apply and potentially remove their name from the law enforcement registry.

• Requirements for removal: However, it is important to emphasize that sex offenders will not receive automatic removal from the registry upon completion of their tier under the new system.

What’s more, having their names removed is not a guarantee, since they have to successfully complete their petition and process for removal. The offenders first have to petition the juvenile of superior court to terminate their registry requirements once their mandated registration period expires.

Once the court receives the petition, it will review the request within 60 days. If the offender had no additional convictions for other crimes during the mandatory period, and if they complied with all other requirements regarding sex offenders, the court can approve the removal of their name from the list of offenders.

What is the three-tier system?

This system takes specific criteria into consideration, including the entire criminal background of the offender, the seriousness of their committed sexual offense, and their recidivism potential. Based on this information, the law recognizes three categories, or tiers, of sex offenders:

• Tier one: This is the category reserved for low-risk offenders and is the least severe. It can include crimes of misdemeanor sexual battery. This tier requires the offender to remain in the registry for a minimum of 10 years for adults and 5 years for juveniles.
• Tier two: This tier is for mid-level offenders who committed crimes of lascivious and lewd behavior. The minimal period of registration for these individuals is 20 years for adults and 10 years for juveniles.
• Tier three: This is the category for high-level offenders that committed more serious crimes, for example human trafficking. Individuals who fall into this category have to face lifelong registration, meaning the system doesn’t change for them.

Who is San Diego, CA’s foremost criminal defense lawyer?

The SB 384 has introduced many changes into existing laws and legislations governing sexual offenses and it’s vital to become familiar with the details of California’s SB 384 and what it’s designed to do. Thee biggest goal behind this Senate Bill is to significantly reduce incidents of sexual abuse across the entire state of Calfornia and help officials apprehend perpetrators as much as this law allows it. But what if you’ve been wrongly accused?

That’s when you need to hire the best possible legal representation for your case, and that’s when you need Vik Monder and his Monder Criminal Lawyer Group. Vik Monder is a qualified and experienced criminal defense lawyer who will help you establish your defense and innocence. We offer free-of-charge first consultation. You can find our office in the vicinity of the Lyceum Theatre and Gallery. Give us a call today!

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What Is California’s SB 384 & Why Was It Introduced?

It has been more than three years since the Senate passed the 384 Bill regarding sex offense law in California. It is designed to introduce several changes into the current system for sex offenses and to create a safe environment for all the parties involved. That is why it’s important to become familiar with what SB 384 is before finding a criminal defense lawyer in San Diego, CA to assist you in establishing your innocence.

What are the current rules regarding sex offenses?

Currently, the state of California is one of only four states with a mandatory lifetime registration system for different types of sex offenders. The past system, the one that SB 384 aims to change, required that a person undergoes lifetime registration for their sex offense.

If the offender receives a conviction, they have to register with their law enforcement every year within 5 days of their birthday. They also have to provide updated information if they change their residence. When the offender registers with the law enforcement office, the police adds their information into the CSAR, or California Sex and Arson Registry database.

This database is private and only for use by the law enforcement offices. However, Megan’s Law dictates that certain information from the private law enforcement database is made accessible to the general public through an additional database.

What is SB 384?

California’s Senate Bill 384 changes the lifelong system for registering sex offenders and introduces a tier-based alternative across three distinct categories. Certain types of sex offenders have the right to file their petition. If they meet all the criteria, they can gain eligibility for removal from the lifelong sex offender list.

Why was SB 384 added?

The primary reason behind the approval of the Senate Bill 384 is to improve the efficiency and efficacy of the existing database of sex offenders. Currently, the database is not as useful to the law enforcement as it could be because it equally lists both low-level offenses and individuals who performed more serious, high-risk offenses.

By separating the different types of sex offenses and their perpetrators into three different categories, the police will have an easier time keeping closer watch on high-risk offenders rather than wasting time monitoring the entire database.

Additionally, the proponents of SB 384 also believe in the unfairness of the existing lifetime registration requirements. The reason for this is the inability of the current system to factor in the crime’s severity and other potentially mitigating circumstances. The new system will both end the existing unfairness and allow the police to be more efficient at doing their job by protecting the public from those high-risk offenders who have performed more serious crimes.

Which criminal defense lawyer in San Diego, CA should I turn to?

California’s SB 384 is an important addition to the legislation for sex offenses and is designed to keep everybody safer. That’s why it’s also vital to learn about all the biggest changes the SB 384 has introduced into the laws regarding sexual crimes and know how it changes the current dynamics. However, it’s also vital for you to secure proper legal representation in case you’ve been wrongly accused of committing a sex offense.

This is when you should contact Vik Monder and his expert Monder Criminal Lawyer Group. Vik Monder is an experienced and dedicated criminal defense lawyer with previous success handling false sex offense allegations. He will do everything in his power to help you prove your innocence and clear your name. Our initial consultation is always free and you can pay for our services with methods. Our offices are conveniently located near Balboa Theater. Call today!