Blog | Fresno, CA | Ralph Torres Attorney at Law

Strong Defenses Against Drug Possession Charges

Tue, 02 Feb 2021 12:29:26 GMT

A drug possession crime is when a person is willfully in possession of illegal substances. These substances include heroin, cocaine, methamphetamine, and marijuana. According to the Department of Justice, more than 80 percent of all drug-related arrests in the U.S. are associated with drug possession.

Moreover, most of the arrests are for the possession of marijuana. If you have been arrested on a drug possession charge, there are several defenses that you can raise to have the charges reduced or dropped.

1. Unwitting Possession

One common defense against drug possession charges is unwitting possession. In such a situation, though you may be in possession of the drugs, you cannot be found guilty because you didn't know that you had the drugs. For example, when a person gives a messenger a parcel that contains drugs and tells them to deliver it to a particular address, the messenger cannot be held accountable for drug possession.

Unwitting possession can also be raised as a defense if you're charged with constructive possession. For example, if the police search your house and find drugs that you didn't know were there. In such a scenario, your lawyer can raise the unwitting defense against the charge of constructive possession.

2. Unlawful Search and Seizure

According to the Fourth Amendment of the U.S. Constitution, you're protected from search and seizure procedures. Police officers can only conduct searches and seizures if they have probable cause. Unlawful search and seizure are often used as a drug possession defense.

Illegal drugs found in plain view, like in your car's dashboard during a traffic stop, can be used as evidence. However, drugs found in the trunk of your car after forcing it open with a crowbar, cannot be accepted as evidence. Therefore, if your Fourth Amendment rights are violated, the drugs found in your possession cannot be used in your trial. This means the charges against you will be automatically dismissed.

3. Drugs Were Planted

Planting evidence is an offense under California Penal Code Section 141 PC. Police officers are notorious for planting drugs, so they may have a justification for arresting their targets. It can be difficult to prove

that a police officer planted drugs in your house or car. However, your lawyer can file a motion to obtain a record of the police officer.

If the police department has received numerous complaints about a police officer's tendency to plant or tamper with evidence, this can be used in your favor. Additionally, if you're not a drug user, this can further strengthen your claim. Your lawyer has to prove that the officer planted the evidence intentionally in order to have you charged with drug possession.

4. Lack of Possession

This defense is used when it's hard to prove the "dominion and control" element for constructive possession. With the dominion and control element , the prosecution needs to prove that you had the intent or ability to control the illicit drugs. The defense of lack of possession is common when illegal drugs are found among a group of people.

For example, if a police officer stops a car with several people, it would be difficult to charge one person with drug possession. Dominion and control is required to prove possession. Therefore, the denial of dominion and control is essentially a lack of possession defense.

It's essential to maintain legal counsel if you're facing charges for drug possession. With many years in criminal defense, you can count on the Law Office of Ralph Torres to have the charges against you reduced or dropped. Contact us now and let us mount the best legal defense for you.

An Overview of Restraining Orders in California

Wed, 02 Dec 2020 12:48:59 GMT

A restraining order is a temporary court order that directs a person to avoid or engage in a specific action. Victims of abuse can use restraining orders for their protection. California recognizes the following four main forms of restraining orders.

1. Domestic Violence

As the name suggests, this form of restraining order protects you from domestic violence. Like other states, the definition of domestic violence in California is broader than the term suggests. First, the term violence includes:

Sexual assault
Stalking
Threats of physical violence
Reckless acts
Harassment

In short, you don't have to hit someone to face domestic violence charges.

Secondly, the term domestic doesn't just mean members of your family. You can face domestic violence charges if:

The victim is your former (divorced) spouse
You have a child with the victim
You have dated or currently date the victim

A domestic violence restraining order specifies both what the accused cannot do and what they should do. For example, a restraining order can order you to:

Move out of the house
Pay certain bills
Avoid insurance alterations
Return certain property

Also, victims of domestic violence don't have to file for restraining orders on their own. Parents can file for orders on behalf of their children, especially children under the age of 12.

2. Civil Harassment

Domestic violence restraining orders protect only abuse victims who have intimate relationships with their abusers. Civil harassment restraining orders do more or less of the same things if the abuser and the abuse victim don't have a close relationship.

For example, you can get a civil harassment restraining order against:

A neighbor who is stalking you
A friend who is harassing you
An acquaintance who has abused you sexually
A distant relative who has assaulted you physically

Again, many forms of abuse can trigger civil harassment restraining orders. The victim just needs to prove that the action would cause a reasonable person to experience or fear mental or physical harm.

3. Elder or Dependent Adult Abuse

The government protects everyone, but it reserves special protection to vulnerable residents who cannot defend themselves as well as the average person. Elderly persons and dependent adults are some of those who deserve special protection. In this context, an elder or dependent adult:

Is at least 65 years old
Is between the ages of 18 and 64 and has a mental or physical disability

As with the other forms of restraining orders, elder or dependent adult restraining orders aren't restricted to physical violence cases. Anything that causes or can cause physical or mental suffering qualifies. Financial abuse, neglect, and deprivation are some of the actions that can form the basis for such a restraining order.

4. Workplace Violence

Lastly, California also recognizes restraining orders against workplace violence. A workplace is a protected place, and everyone should work without abuse, violence, or threats of violence.

A workplace violence restraining order is different from the other restraining orders in that the employer files it on behalf of their employee. An aggrieved employee cannot approach the court for a restraining order directly. In addition, the order can protect both the employee and their family or household members.

The violence victim must prove that the abuse is not a legitimate labor dispute. They also need to prove that the abuse is not a constitutionally protected activity.

A restraining order can affect various aspects of your life, including your work, domestic life, and hobbies, among others. Contact The Law Office of Ralph Torres if someone has filed a restraining order against you. We will defend the allegations against you in an effort to get the court to lift the order.

Dealing With False Accusations of Domestic Abuse

Tue, 06 Oct 2020 12:53:32 GMT

The consequences of domestic violence are dire. Incarceration, restriction of civil liberties, and presumption of child custody (where you automatically lose custody of your child) are some of the consequences. You shouldn't suffer these and other penalties if you are innocent. Below are some of the actions you should take if you face false allegations of domestic violence.

Understand Domestic Abuse

The first thing is to understand what the law says about domestic abuse. That way, you will know what you are up against. For example, you should know that:

You don't have to be violent for the courts to convict you - even threats of physical force count as domestic violence.
Your actions don't have to be intentional - even reckless acts count.
The victim doesn't have to be a family member - even a former spouse or romantic interest counts.

If you don't know these things, you might think that your accuser is lying while, in the real sense, they are right.

Secure Your Login Information

The next step is to do everything possible to deny your accuser the chance to fabricate evidence against you. For example, an ingenious accuser can even log into your phone, email, or social media accounts and send threatening messages to themselves. You might struggle to deal with such fabricated evidence if they show up in court.

Secure your gadgets and accounts to prevent such possibilities. Change your passwords and PINs and make them as complex as possible.

Preserve Evidence

Gather and preserve any evidence that may extricate you from the accusations. For example, if someone has accused you of a physical confrontation, you should preserve evidence that put you at an alternative location at the time of the alleged incident. A purchase receipt, a selfie, or a can provide you with an alibi.

Respect Restraining Orders

Most people get restraining orders against their accusers. The restraining order is not a conviction of guilt. The restraining order is just to prevent any or further abuse and keep the alleged victim safe.

Respect every letter of the restraining order even if you feel it's unjust. Don't even try to confront your accuser. For example, if the restraining order calls for you to avoid the accuser's residence or office, don't go there to explain yourself. Such actions will only give your accuser further ammunition to fight you.

Tell the Truth from the Start

Tell the truth from the beginning to the end of the case. Nothing will hurt your credibility like an inconsistent story. Don't omit things that seem embarrassing or things you aren't proud of. As long as your words and actions don't amount to domestic violence, telling the truth is better than lying.

Clear Your Name

Take legal steps to get rid of the restraining order. Few people will believe your innocence as long as you still have the restraining order against you. Don't forget that domestic violence accusations can damage your reputation, affect your work, and even ruin your personal relationships.

File a motion with the court to lift the restraining order. If your accuser contests the motion, you will get the chance to argue your case during a hearing. Hopefully, the hearing and cross-examination of your accuser will reveal your innocence.

Hire an Attorney

Hire an attorney to help you with the defense. Even if the accusations against you are clearly false, they won't go away by themselves. The accuser must get their day in court, and the best way to refute their claims is to use an experienced criminal lawyer.

Don't sit back and wait for your accuser to recant their story. Take proactive steps to defend yourself. Ralph Torres Attorney At Law, has extensive expertise and experience with criminal law. Contact us so that we can begin the aggressive representation you deserve.

Criminal Arraignment: Tips and What to Expect

Fri, 31 Jul 2020 13:09:50 GMT

The arraignment is your first appearance in court if you have a criminal case. Below is an overview of what to expect at the arraignment and the conduct to exhibit.

What to Expect

Many people who have never faced arrest don't know what happens during an arrangement. Below are some of the things to expect during the arrangement.

Notification of Charges

A judicial official, such as the District attorney, will read the official charges against you. Note that a criminal act or arrest can trigger multiple criminal charges. For example, if the police arrested you during a fight, the charges against you might be:

Endangering public safety
Creating a public disturbance
Assault and battery

Each charge attracts its own punishment should the court convict you.

Notification of Constitutional Rights

The court will also inform you of your constitutional rights as a convicted criminal. For example, the court may inform you that you have the right to:

A speedy trial
A trial by a jury of your peers
Legal representation

Note that constitutional rights might not be uniform for all criminal defendants. The nature of the charges determines your constructional rights at that time.

Plea Request

The court will also ask you to take a plea. Typical pleas include:

Not guilty if you deny the charges against you
Guilty if you accept all the charges against you
Nolo contendere (no contest) if you neither deny nor accept the charges against you

If you remain mute, the court will enter a not guilty plea on your behalf.

Release Determination

If you were in custody, then the court may discuss your release during the arrangement. For example, the judge may decide to:

Release you on your own recognizance
Release you on bail
Release you under the supervision of another person, such as a guardian

Note that your release is not a guarantee since some offenses are not bailable.

Future Proceedings

At the end of the arraignment, the judge will announce the dates for future court proceedings. For example, the judge might announce the date for the preliminary hearing.

What Conduct to Exhibit

An arrangement is not a hearing, and the process is usually brief. However, you shouldn't underestimate the significance of the process. Below are some tips on how to handle your arrangement.

Make a Good First Impression

The arrangement is your first court appearance after your arrest. Do your best to make a good first impression. If possible, wear presentable clothes and groom yourself properly.

Arrive Early

If you are not in custody, leave the house early so that you can arrive for your arraignment a few minutes early. The judge might issue a bench warrant for your arrest if you are late or miss your arraignment.

Check In When You Arrive

Many people are not aware of court procedures. Unfortunately, courts rarely accept ignorance as a defense. Check in with the court clerk or officer when you arrive. The officer will inform you of what is required for you so you don't make a mistake.

Communicate Effectively

The arrangement process requires effective communication from you. Effective communication is a two-way street - you should understand the judge, and the judge should understand you. Speak up whenever you reply to the judge's questions. Ask for clarification if you don't understand something, such as the charges against you.

Plead Not Guilty

Plead not guilty, unless you have consulted a lawyer and they have advised an alternative plea. You can always change a not guilty plea to another plea, but a guilty plea is difficult (though possible) to recant. A not guilty plea gives you time to get legal counsel and decide how to handle the case.

The right lawyer can bring a world of difference to your criminal case. Ralph Torres Attorney At Law is an experienced criminal lawyer with decades of experience. Contact us about your criminal case so that we can review it and determine the best way forward.

4 Common Crimes Associated With Drug Possession

Mon, 01 Jun 2020 13:19:16 GMT

Using and possessing controlled substances like illegal drugs carry many consequences, including fines and time in jail. If you or someone you know may be at risk of drug possession arrest, check out these four common crimes associated with the possession of drugs.

1. Simple Possession

To be convicted of possession of drugs, the prosecutor must prove that you knew the drugs were a controlled substance and that you knew you had possession of the drugs. For example, if a friend gave you a package to hang on to, and you honestly had no idea what was in it, you may be found innocent.

In many cases, when you are arrested, you'll have the illegal drugs on you, which makes the case easier. However, even if you don't have the drugs on you, the prosecutor may prove you had access to drugs. Perhaps you had a key to a storage facility that stored drugs. As long as the courts can prove you knew what was in the storage unit, you may be found guilty.

2. Possession With the Intent to Sell

Simple possession usually involves a small amount of drugs that the courts assume is for personal use. However, if you have large amounts of illegal drugs, you may be charged with possession and the intent to distribute or sell the drugs. Harsh punishments to try and stop drug distribution means that you'll face tougher consequences if convicted of possession with the intent to sell or distribute.

Other proof that may be used to argue you were planning on distributing the drugs is packaging material, money, and communications with customers. If you have all this but you don't actually have the drugs, you may not be charged with possession with the intent to distribute, but you may be charged with conspiracy to distribute drugs or a similar crime.

3. Possession of Drug Paraphernalia

Even if you aren't found with drugs in your possession, you may be convicted for having drug paraphernalia. Paraphernalia includes anything used to consume and distribute illegal drugs. This includes pipes, needles, syringes, razor blades, mirrors, small plastic bags, scales, and vials. Of course, just because you have a few bags lying around and a scale doesn't mean you're going to be convicted.

The courts have to prove you knew the object was related to illegal drugs, but they don't have to find the paraphernalia on you to charge you. They can charge you for having paraphernalia in your home, locker, etc. If you are repeatedly arrested for having lots of drug paraphernalia, you may face felony charges.

4. Driving Under the Influence of a Controlled Substance

Driving under the influence of anything that impairs your ability to think and react quickly is never a good idea and usually illegal. Therefore, if you are found to be driving under the influence of a controlled substance, you may face DUID (driving under the influence of drugs) charges along with possession. In California, most DUIDs are considered misdemeanors and equal to driving under the influence of alcohol.

For this reason, punishment is similar to driving while under the influence of alcohol. You may face 3 to 5 years of probation, a fine, DUI school, and a license suspension. If an accident occurred because you were driving under the influence of drugs, you may also face jail time, especially if someone was hurt. A DUID can become a felony if you do hurt someone or you have many DUI/DUIDs.

Having any amount of illegal drugs is never a good idea, but if you have lots of drugs, the courts may determine you had the intent to sell, which comes with higher punishments. If you want to better protect yourself, you need a skilled attorney. For more information, or to get a consultation, contact us at The Law Office of Ralph Torres today.

Probation & Probation Violation in California

Mon, 13 Apr 2020 13:27:27 GMT

A probation violation is a serious issue in California and may involve steep consequences. When you are on probation, you often avoid consequences like going to jail. In other cases, probation may actually shorten the length of a jail sentence. When probation is violated, however, these benefits disappear. Learn more about probation and the consequences of violating it in this blog.

What Is Probation?

Probation is typically put in place by a judge as part of a sentence, in addition to or instead of incarceration. It comes with conditions: for instance, you might face a fine in relation to the crime you are convicted of. You might also be ordered to perform community service, like picking up trash with a road crew certain days of the week. The hours of your service depend on the severity of the offense.

If you have been convicted of a DUI or DWI, you may be required to abstain from drugs or alcohol during the probationary period.

Electronic monitoring, which may be via a SCRAM device in the case of multiple DUIs, may send information about your alcohol use and location to authorities. DUI convictions may lead to the installation of ignition interlock devices as well.

You may be ordered to pass drug tests, often administered randomly. Some probationary terms might require that you stay employed over the course of the period, or that you attend therapy sessions.

In cases that involve domestic violence or assault, you may be ordered not to have any contact with the victim as part of your probation terms. In cases that involve sexual offenses, you may be required to register as a sex offender.

What Is a Probation Violation?

If someone has accused you of violating probation, authorities have determined that you have broken the conditions applied to your case by your judge. For instance, you may have fallen behind on restitution payments, or perhaps you have failed a drug test. Any violation of any single term, no matter how big or small could lead to a breach on your record.

What Happens After a Probation Violation?

If you violate probation, an officer may arrest you - even for a small offense. Authorities may issue a warrant so that they can arrest you on sight. In some cases, you are eligible to post bail. Bail is up to the judge's discretion.

After an arrest, you will face a probation revocation hearing. You have the right to have legal representation at this hearing and to call witnesses on your behalf. You also have the right to present your case and testify on your own behalf, addressing the evidence against you. The prosecution, on the other hand, will try to prove beyond a reasonable doubt that you are in violation.

You must also take note that a judge oversees probation violation hearings, not a jury. During sentencing, the judge will take into account your criminal history, original sentence, violation severity, and any recommendations made by probation officers.

Your sentence might include reinstatement of your original probation sentence, but it also could involve a slight modification. For instance, your judge could make the provisions of your sentence more strict or increase the length of probation. In serious cases, the judge could decide to revoke your probation entirely.

Do You Need an Attorney for a Probation Violation?

You should hire an attorney to approach your probation violation hearing. After all, a criminal defense attorney will understand your rights and know how to defend you in court. Your attorney will use their skills on your behalf to potentially eliminate or minimize jail time.

If you've been accused of violating your parole, get in touch with Ralph Torres Attorney At Law . Set up a consultation today to ensure that you can protect your rights in court.

What You Need to Know After Your Arrest

Mon, 03 Feb 2020 13:30:53 GMT

If you have been arrested for the first time, you should know some important things to legally protect yourself. Every action you take going forward can have an impact on how your case turns out. You need to fully understand how you should act, what you should and should not say, and what you are entitled to by law.

The following are some important things you need to be aware of after you are arrested.

Stay Quiet Without an Attorney Present

Upon your arrest, you should receive a Miranda warning. This law allows you to remain silent for as long as you wish. You should not provide any information to law enforcement voluntarily unless your attorney tells you to do so. Even the smallest detail can have a major impact on your freedom. Make sure you call your attorney immediately after your arrest.

Be Aware of Search and Seizure Laws

Contrary to popular belief, some instances exist in which you or your property can be searched without a warrant. Law enforcement may also be able to seize evidence in some cases. However, a warrant is required at other times. If you and your property were searched without a warrant, you need to know why.

If anything was seized or if you or your property was seized without a warrant, you need to find out if it was done according to the law. If the search and seizure required a warrant, any evidence the police collect is often considered inadmissible.

Consider Your Defense

Each case will vary as to which defense is appropriate. You should begin thinking about your defense as soon as you are arrested. You and your attorney will work together to make a defense that will give you the best chance of beating a conviction.

For example, were you questioned under duress? Did the prosecutor meet the burden of proof? If any instances exist where you can argue you did not receive your constitutional protections or can otherwise prove you are innocent, you need to start thinking about this right away.

Decrease Your Sentence

If you are in fact guilty of your charge, you and your attorney can possibly decrease your sentence. You may even be able to escape time in jail in some circumstances. If you are sentenced to a jail sentence, your attorney may be able to lessen the amount of time you must remain behind bars.

Your attorney can argue for probation and fines in lieu of jail time, especially if this is your first offense and was not an egregious crime. You may or may not receive a lighter sentence, but your attorney should still make an attempt.

Keeping Your Record Clean

One major disadvantage of a criminal conviction is the damage it does to your record. A criminal record can impact your employment, your ability to get a new job, or even obtain a lease for an apartment.

For your first offense, your attorney may be able to keep your record clean if you are eligible for a diversion program. If you can successfully complete a diversion program, the judge can dismiss your charges and your record will remain clean.

Criminal convictions come with some harsh penalties. To best protect yourself, you need a great criminal law attorney on your side. When you consider your attorney, be sure to choose one who you think can help you avoid a sentence that can change your life forever.

If you do not have an attorney to help you through this difficult time, be sure to contact The Law Office of Ralph Torres . We are here to help you with your arrest and criminal conviction.

4 Common Defenses to Domestic Violence Charges

Mon, 02 Dec 2019 13:38:33 GMT

If you have been arrested for domestic violence, you may feel like the deck is stacked against you. You were likely arrested because someone stated that you assaulted them and/or the police saw marks on the person that corroborate their story. With your word against theirs, you may feel like the case will be hard to fight and no one will believe your version of events.

Fortunately, a criminal defense attorney can use common defenses to help you fight the charges you are facing. Here are four common defenses that are often used to fight domestic violence charges.

1. The Injury Was Unintentional and Accidental

One of the defenses that can be raised if you are charged with a domestic violence offense is that the injuries that you inflicted on someone else were unintentional and/or accidental. For example, if you are in the kitchen chopping up vegetables with a knife and your spouse sneaks up behind you, you may turn around quickly due to the surprise and accidentally injure them. This was unintentional and accidental.

A defense attorney can use pictures of the accident scene, photos of the injuries, and statements from yourself, the victim and any witnesses to help prove an accidental or unintentional defense claim.

2. The Injury Occurred As You Were Defending Yourself

Another common defense to domestic violence charges is self defense. If you are in a heated argument with your spouse, they may come after you with an object or strike you. Out of fear, and in an effort to defend yourself, you may restrain them, push them or hit them back. Unfortunately, when the police arrive, they may see the injuries you caused and arrest you.

If you were arrested for domestic violence and you were defending yourself, ask the police to photograph any visible injuries on you, including scratches, welts, bruises and red marks. Being able to show that you were being assaulted can be extremely helpful for a defense attorney in proving self defense.

3. Consent Was Given For the Activity That Resulted in the Injury

One of the lesser-known defenses to domestic violence charges is that consent was given for the activity that led to the injuries. Many couples engage in consensual bedroom behavior that may result in injuries such as bruises on the buttocks or redness around the neck. If your partner consented to these activities, injuries that they sustained cannot be grounds for a domestic violence charge.

In most cases, the other party acknowledging that consent was given is enough to get charges dismissed. However, if the victim disputes that consent was given, a criminal defense attorney can use evidence and photos to corroborate your version of events, helping to get the charges reduced, dismissed or helping you to get acquitted.

4. The Allegations Made Are False

Another defense to domestic violence charges is that the allegations against you are flat out false. Unfortunately, domestic violence is often alleged during difficult breaks ups or when one party does not want the other party to have custody of the children. In these cases, the victim may make a false allegation of abuse to punish you or retain custody.

A great criminal defense lawyer can work to show where you were at the time the allegations were made and what the victims reason for alleging the abuse are. Without evidence that you committed the alleged violence, the charges against you should be dismissed.

Have you been arrested and charged with a domestic violence crime in the Fresno, Madera, Clovis, Sanger, Kingsburg, Selma, Reedley or Parlier, CA. area? Contact The Law Office of Ralph Torres as quickly as possible and let me begin to help you with a defense to the charges you are facing.

What Impacts the Consequences of a DUI in California?

Thu, 03 Oct 2019 13:55:30 GMT

When you are stopped for a DUI in California, you can expect a wide range of possible consequences. The consequences for a DUI are based on a variety of factors, which include your criminal background and if you hurt anyone while you were driving under the influence.

While no two cases are the same, the following items can also seriously impact the consequences of your DUI case.

Refusal to Take a Sobriety Test

If you refuse to take a sobriety test once you get to the police station after a DUI arrest, you could suffer some additional consequences along with your DUI charges.

Once you are arrested for driving under the influence, the officer will ask if you will take a field sobriety test while on the scene. You do not have to do this if you prefer not to do so. The field sobriety test gives officers an idea if you are actually intoxicated. If you are ultimately arrested, you must comply with a sobriety test at the station, although the officer cannot force you to do so.

If you do not take the test and are ultimately found guilty, however, the refusal to cooperate with the test is considered by the judge during sentencing. It is always best to comply with the sobriety test at the station.

Erratic Driving

Typically, an officer does not stop an individual for suspicion of driving under the influence unless you were already doing something else wrong while driving. If you are driving erratically, speeding, running traffic signals, or weaving around the road, the officer will stop you and you can be arrested for driving under the influence as well as your erratic driving.

Any erratic driving, especially if you could have caused harm to someone else on the roadway, will have an impact on your case during sentencing. If you hit other cars due to your erratic driving, you can face civil lawsuits as well. If you kill someone with your car, you can go to jail.

You Have Prior DUIs

If you already have DUIs on your record, you can face some serious charges and consequences during sentencing. After a number of DUI charges, you enter the realm of different statutes that govern consequences, which can then include mandatory time in jail and loss of driving privileges.

If you have prior DUIs, you need to work with your attorney right away to help mitigate the consequences. Depending on the judge on your case, you could face major consequences.

Your Blood Alcohol Level Is Significantly High

Another factor which can impact your consequences is your blood alcohol level at the time of your arrest. While there is no specific percentage over the legal limit for which you can face additional consequences, a judge will not take kindly to a dangerous level of alcohol in your system while you were behind the wheel.

If any if these factors apply to your case, you need to consult with your attorney right away. Do not attempt to deal with any of these issues without professional legal assistance.

The overall outcome of your case can seriously impact the rest of your life. If you have a job in which driving is a major component, you could likely lose the opportunity to work again, which could leave you without a way to support yourself.

If you have any questions about a DUI or have other legal matters you need assistance with, please contact The Law Office of Ralph Torres . We are experienced with DUI law and are happy to evaluate your case and help you build your defense.

Embezzlement: An Overview and Possible Defenses

Mon, 19 Aug 2019 14:04:26 GMT

If your job activities are heavily involved and connected with your company's finances, then an accusation of embezzlement could be detrimental to your personal life and career. Embezzlement is a serious crime in California and accusing someone of the crime is often fairly easy.

You have ways to defend yourself and prove your innocence from an accusation of embezzlement. Here is more information about the definition of embezzlement and how you can defend yourself.

Definition of Embezzlement

Embezzlement involves taking or misusing money entrusted to a person by another party. Other terms for embezzlement include misappropriation or misdirection of funds. For example, if you were entrusted to deposit company funds into a company bank account, but you skimmed a little off for yourself, then that would be embezzlement.

Differences Between Embezzlement and Larceny

Both crimes are considered theft, but result in different charges and different punishments. Embezzlement requires that you be in a position of trust, but anyone can commit larceny. An office clerk stealing money from a safe is larceny because that person is not directly entrusted with the money. However, an accountant redirecting money into another account would be embezzlement because an accountant is entrusted with the business's finances.

Punishments for Embezzlement

Punishment for embezzlement depends on how much was embezzled. In California, the theft has to be over $950 to be considered a felony. Under that amount is considered misdemeanor embezzlement, and over that amount is considered a felony. In the very least, you will have to pay the money back plus penalties. However, serious cases could involve lengthy jail time.

Defenses to Embezzlement Charges

You can defend yourself from embezzlement accusations in a variety of ways. Here are some common defenses to embezzlement.

You Didn't Do the Crime

Your accuser must prove that you were actually in a position of trust and committed embezzlement, and not larceny or some other crime. They must also prove that you were the one who did the crime, especially if other people also had access to the money. You can claim insufficient evidence if there is little or no substantial proof of a crime.

You Had a Right to the Money

You can claim that you had an agreement to take the money for fees or payment for services. An example of this is if you were a trustee and it was agreed that you were allowed to take out a certain amount or percentage of the assets for your work.

You Weren't Asked for the Money Back

If the owner of the money discovered that you took the money, but never asked for it back or said anything else about it, then you could use this as a defense. You may be able to claim personal neglect or forgetfulness on your part and that the owner didn't seem to care.

You Were Under Duress

If you were credibly threatened if you didn't take the money, then you can claim duress. One example of this is if your boss or other authority figure threatened to fire you unless you did what they asked. However, financial hardship or personal issues, such as a satisfying a gambling debt, are not considered duress in this case.

You Thought the Money Was Yours

If you truly thought the money was yours, then you could use this as a defense for embezzlement. For example, if you were given money or property that you thought was a gift, and you had no way of knowing otherwise, then you may be able to prove your case.

False accusations of embezzlement can have a great impact on your career as well as put you at risk for serious punishment. Do not take these accusations lying down and prepare to defend yourself. The law offices of Ralph Torres Attorney At Law can help you fight off charges of white collar crimes such as embezzlement. Contact us for a consultation about your case.

What To Do If You Are Accused Of Tax Fraud

Tue, 25 Jun 2019 14:23:37 GMT

If you have received a letter or call from the Internal Revenue Service (IRS) accusing you of tax fraud, you may be wondering what you should do. To help you out in this situation, here is an overview of some essential tips.

1. Take the Accusations Seriously

The IRS doesn't accuse taxpayers of fraud lightly. In fact, while the agency processes millions of tax returns every year, it only brings criminal prosecution against about 3,000 people per year . If you have received a fraud accusation, you need to take it very seriously.

The IRS defines fraud as the purposeful attempt to evade taxes or filing requirements. Depending on the situation, you can be charged with a felony for filing a fraudulent return or misrepresenting financial details to avoid paying taxes. Misdemeanor charges may apply for not filing or not keeping records, as well as civil penalties or criminal charges for not disclosing offshore accounts.

2. Don't Make False Statements to the IRS

To protect yourself, do not lie to the IRS verbally or in writing. The agency keeps detailed records, and if you are caught falsifying records or lying, that improves the case against you. You should provide information to the IRS as requested, but you shouldn't volunteer any information. Ideally, you should have a skilled professional communicate with the agency on your behalf.

3. Be Aware That Communications with Tax Preparers Are Not Privileged

When looking for someone to help you with the tax fraud accusations, you may want to consult with an accountant, but if you take that route, you need to be aware that most accountant-client communication is not privileged.

As a result, if you tell your accountant that you falsified some of the information in your accounting records, your accountant does not have a legal obligation to keep that information quiet. In other words, your accountant may testify against you if they are called to court.

4. Contact an Attorney Experienced With Tax Fraud

In contrast, attorney-client communication is privileged. Once you establish a relationship with an attorney, they cannot be legally mandated to share information about you through a discovery or a testimony under oath.

However, not all attorneys are experienced with tax law. To ensure you get the help and guidance you need, you should contact an attorney who regularly works with white collar crimes such as tax fraud. If possible, ask about previous cases and the results obtained. During your consultation, your attorney may be able to give you an overview of what to expect during the criminal trial.

5. Consider Paying the Tax Owed

To protect yourself, you may want to pay the tax that has been assessed on you. By making a payment, you show the IRS that you are serious about wanting to make amends. You also help to stop any civil penalties or interest from accruing on the tax debt.

If a criminal investigation shows that you are innocent and if a review of your tax situation shows that you do not owe the assessed amount, you can receive a refund of any overpayments.

6. Seek Innocent Spouse Relief If Applicable

In most cases, spouses are jointly responsible for tax debt if they submit their returns as married filing jointly. In situations involving criminal fraud, spouses are usually not liable, but if your spouse is charged with civil penalties, you may still bear responsibility.

The IRS innocent spouse relief program allows you to get past this issue and clear the tax debt associated with your name. To increase your chances of acceptance, you should work with an attorney who is experienced with tax issues.

At the Law Office of Ralph Torres, we represent clients in all kinds of situations. We are criminal defense lawyers who are experienced with tax fraud accusations. Don't get caught off guard by a tax fraud accusation; know your rights, work with a good team, and move forward with confidence.

Youthful Offender Program: 6 Questions You Might Have Regarding AB 1276

Wed, 24 Apr 2019 14:31:39 GMT

If your loved one was convicted of a crime while under the age of 23, they may benefit from AB 1276, which is a law that was enacted in 2014. AB 1276, or the youthful offender program, provides opportunities to California's most vulnerable inmates - those who have entered the system while still in their youth.

If you haven't heard about AB 1276, you should talk to your loved one's attorney as soon as possible. Here are the answers to some questions that you might have about the program.

1. What Is AB 1276?

Under prior laws, anyone convicted of a serious crime was sent to a level IV security prison, regardless of their age. Unfortunately, that meant that young offenders were sentenced to serve their time with older, more violent inmates. AB 1276 provides youthful offenders with access to lower-level facilities. These lowerlevel facilities ensure that younger inmates have access to the training and treatment that they need.

2. Why Was AB 1276 Enacted?

As stated above, prior to the enactment of AB 1276, young offenders were often sent to prison yards that housed older, more violent inmates. Once housed with those older inmates, young offenders were sometimes subjected to extreme violence, including rapes and beatings. AB 1276 was enacted to ensure that young offenders are no longer housed with older inmates as soon as they enter the prison system.

3. What Is the Purpose of AB 1276?

The purpose of AB 1276 is to identify those young offenders who would benefit from access to rehabilitation and training. The bill went into effect July 1, 2015, so inmates who are younger than 22 years of age at the time of incarceration are now screened for participation as soon as they enter reception.

4. How Is Eligibility for AB 1276 Determined?

During the screening process, prison counseling staff interview each young offender. To be eligible for services under AB 1276, a young offender must first meet the age requirement, which is that they must have entered the California prison system prior to turning 22 years of age.

If the inmate has already been in the prison system, they must be free of any misconduct for at least 12 months prior to their annual review. Finally, to participate in the youthful offender program, AB 1276, a young offender must agree to voluntarily enter the program.

5. What Facilities Are Available for AB 1276 Placement?

If your loved one enters into the youthful offender program, they will be eligible for a reduced security level. For instance, if they enter as a level IV placement, then under the youthful offender program they may be eligible for level III placement. Level III placement provides extended out-of-cell time - including additional time allotted for outdoor activities - as well as additional access to training programs.

These programs are offered through several different facilities within the California prison system. Some of the facilities that your loved one may enter include Ironwood State Prison, Pleasant Valley State Prison, and California State Prison Solano.

6. Is Sentencing Affected by AB 1276?

Under the guidelines of AB 1276, young offenders who entered the prison system prior to reaching their 18th birthday will be eligible for parole after they've served at least 25 years of their original sentence. However, S.B. 261 expanded that eligibility to young offenders who are incarcerated prior to their 23rd birthday . If your loved one meets either of those criteria, they may be eligible for parole, even if they were sentenced to life without the possibility of parole (LWOP).

California has made changes to their penal system that are designed to change the ways that young offenders are treated. One of those changes is AB 1276. If you have questions about the youthful offenders program, contact us at The Law Office of Ralph Torres. We can help you understand how this law affects your loved one.

How to Avoid DUI Stops and Arrests

Tue, 26 Feb 2019 14:40:41 GMT

The best way to avoid driving under the influence (DUI) charges is not to drink and drive. The second best way is to do everything possible to avoid DUI stops and arrests. Here are a few tips that can help you with the second option.

Avoid Defective Cars

The police don't flag down cars on a whim; the police officers must have probable cause - reasonable suspicion of wrongdoing - to stop you. After the stop, the police can ask you if you have taken alcohol or test your blood alcohol levels. Therefore, you can escape DUI stops if you don't give the police a reason to stop you in the first place.

Car defects are some of the common reasons police officers stop motorists. For example, the police can stop you if your taillights are busted, if your wipers don't work in the rain, or if your car's wheels are wobbly. Don't drive any car with such defects if you don't want the police to stop you.

Obey all Traffic Rules

Police officers also flag own drivers who break traffic rules, and once they flag you down, expect DUI tests and related questions. The authorities know that intoxication impairs judgment and reaction times, and intoxicated drivers are more likely to break the law than other drivers. Therefore, stay on your lane, stop for pedestrians, and obey all traffic laws to avoid DUI stops.

Don't Rely On DUI Myths

Numerous DUI myths abound, and many of them can lead you into trouble with the authorities. For example, some people believe that a driver must be drunk to face a DUI arrest, but that belief isn't true at all. The police can arrest and charge you with DUI as long as you have taken alcohol or drugs, and the substance has affected how you drive.

Here are a couple of other myths that won't help you but can land you in trouble:

You can avoid DUI suspicion or the smell of alcohol if you put something - like a penny or mouthwash - in your mouth. In reality, such things won't fool the breathalyzer or the officer who stopped you.
The police can only arrest you for DUI if your car moves while you are intoxicated. In reality, the police can charge you with DUI even if your car was stationary at the time of the arrest.

In short, you shouldn't trust any general knowledge you have about DUI arrests to get out of trouble. Don't drink and drive, but if you do, seek the help of a qualified attorney.

Don't Be Difficult

If the police do stop you, cooperate with them as much as you can without self-incrimination. Don't be unnecessarily antagonistic because such behavior will only make the officers suspicious of you. For example, you should state your name clearly and hand over your driving license if the police ask for it.

Coherency will also help you; for example, don't fumble for your driving license or struggle to open the windows under the instructions of the police. The officers might take your hesitations or fumbles as signs of intoxication.

Don't Admit or Volunteer Guilt

If the police stop you and ask about your alcohol intake, don't say that you have only taken a glass or a bottle or a sip of alcohol. Some people believe that the police will reward such honesty and let them go. In real life, the police will suspect you of a DUI if you make such an admission of guilt. Expect a DUI test even if the police didn't plan to test you in the first place.

Hopefully, the tips above will help you avoid DUI arrests and stops. If the police do charge you with a DUI, Ralph Torres Attorney At Law is the person to call. With our vast experience on DUI cases, we will do our best to get you a favorable outcome for your DUI case. If the police have arrested you on suspicion of DUI, contact us as early as possible so we can start to work on your case.

Hiring an Attorney for Domestic Assault: What You Need to Know

Tue, 09 Oct 2018 14:45:31 GMT

Domestic assault victims have the option to pursue an order of protection against their assailant without the help of an attorney. However, if you have children, an issue with immigration status, or if the abuser has his or her own attorney you should have an attorney on your side as well.

The following are some of the things you should know about an attorney and how he or she should help you with your domestic violence case.

The Role of an Attorney

Before you select an attorney, you first need to understand their role. Your attorney is there to represent your interests in and out of court. He or she will work strategically to help you win your case through calling certain witnesses to testify, gather evidence, and so on.

At the end of the day, you have the final say regarding what you ultimately want to do with charges, but an attorney will encourage you to protect yourself and your family.

You should feel confident your attorney is working with your best interests in mind. If you think your attorney is not representing you well enough or is not taking your concerns seriously, you need to speak about your concerns right away. You have the right to use the attorney you feel will advocate for you the best.

Questions You Should Ask

Never feel intimidated when you speak to potential attorneys. An attorney is there to help you, so feel free to ask what you want. Asking questions will also help you determine if an attorney is a good fit for you.

When you meet with an attorney, make sure you fully explain your case. Take your time to explain the facts you believe are relevant to your case. Make your concerns and goals for the case well known. Make sure you fully understand the language the attorney uses when responding to you and whether or not you have confidence in his or her ability to advocate for you.

Ask questions about the strategy and preparation he or she uses in domestic assault cases. Also, ask if other members in the firm has any connection to the person who committed the domestic abuse against you or if anyone is currently representing that person.

You should also ask about how often he or she represents others with cases similar to yours and how they turned out. Were the cases contested, appealed, or sent to trial? Also, ask about the judges. How do the judges typically respond to these types of cases? Learn about various forms of protections for yourself and your children.

Before you speak to an attorney, make a thorough list of questions and topics you want to bring up. This list will help keep you on point and prevent you from forgetting anything you want to discuss. You could even show your list to your attorney so he or she can expound on anything if necessary.

Affording an Attorney

One obstacle that prevents victims of domestic assault from seeking help is the expense of an attorney and trial. If you cannot pay for an attorney, seek out an attorney referral service who can help guide you to the best attorney for your needs and price point.

You may qualify for legal aid or assistance with an attorney. Other attorneys may be able to take your case pro bono or with a sliding scale price model. You have options, so do not ever avoid seeking help just because you believe you cannot afford it.

If you need help with a domestic assault case, please contact The Law Office of Ralph Torres .

My Former Partner Accused Me of Stalking: Will I Go to Jail?

Thu, 30 Aug 2018 14:57:18 GMT

California has some of the harshest laws on stalking in the country. Stalking an intimate partner is under the state's domestic violence laws, and if you are found guilty, the court could subject you to harsh penalties, including jail time and heavy fines.

Unfortunately, an intimate partner can falsely accuse you of stalking. If the law has charged you with stalking but you believe the accusations are false, contact a criminal defense lawyer.

Read on to learn more about stalking in California, penalties, and possible defenses.

Stalking Law

In California, the law defines stalking as willfully, maliciously, and repeatedly following or harassing another person. Stalking further constitutes threatening another person and causing that person to fear for their and their family's safety.

The prosecutor must demonstrate that your actions were deliberately malicious and that you knowingly engaged in these actions, even if you did not realize that certain actions were illegal.

Further, the prosecutor must show that the threats you made were credible and that you actually had the ability to act on these threats. A threat can be verbal or written and conveyed through any media including electronic devices such as smartphones.

Penalties

If you are accused of stalking, the prosecutor can choose to present your case as either a misdemeanor or a felony depending on your criminal history and the nature of your actions.

Misdemeanor

The court may convict you for misdemeanor stalking if this is your first stalking offense or you do not have a previous criminal record.

Punishment for misdemeanor stalking could include a maximum of one year in jail, payment of a fine, counseling in a state hospital, informal probation, and a restraining order.

Felony

The law will charge you with a felony stalking offense if the court had previously convicted you of domestic violence, making criminal threats, or violating a restraining order.

According to the California Penal Code, if you have a previous domestic violence conviction, a new stalking charge could result in imprisonment in a county jail for at least a year and/or payment of a fine. Alternatively, the court may decide to send you to a state prison for a period of 2-5 years.

If you have a previous felony conviction of stalking, the law will prosecute the new stalking charge as a felony and can attract a prison sentence of 2-5 years, the California Penal Code states.

Defenses

Just because the law has accused you of stalking does not automatically mean you are convicted of that crime. A skilled criminal defense lawyer can employ several defenses against a stalking charge.

Credibility

You may argue that your threats were not credible because you lacked the means to actually execute these threats.

False Accusations

Sometimes, former intimate partners can assume that their ex-partner is the one harassing or stalking them even when someone else is.

Your attorney can deploy several resources such as hiring stalking experts and private investigators to demonstrate that you are innocent of the crime the law has accused you of.

Stalking, especially within the context of domestic violence, is a serious offense that can result in jail time and, worse, earn you a sex offender status. Seek legal representation from an experienced criminal defense attorney who can help you fight a stalking charge.

At The Law Office of Ralph Torres , we understand the grave consequences of a stalking or domestic violence conviction. With over 25 years' experience, you can trust us to put up an aggressive defense for you. If your former partner has accused you of stalking, get in touch with us today to discuss your legal options.

Inmate Responsibility Under Proposition 57

Sat, 30 Jun 2018 15:10:30 GMT

Prevention of prison overcrowding by enabling non-violent offenders to serve shorter sentences was the purpose of the California Parole for Non-Violent Criminals and Juvenile Court Trial Requirements Initiative (Prop 57). The decision to make a change was not optional because the overcrowding made the state guilty of violating the Eighth Amendment.

Proposition 57 passed in November 2016, and most of the changes give detainees the responsibility to convince the court system of their readiness for parole. Prison inmates need to understand and follow the standards of the credit system to shorten the time they spend incarcerated. There are several options available for non-violent offenders.

Eligibility for Release

The California Department of Corrections lists 23 crimes as violent offenses. A conviction for any of these crimes makes a prisoner ineligible for an early release under Prop 57. Many of the crimes are obvious, like murder and rape. Other crimes on the list are less easy to understand. For example, mayhem, some verbal threats, and certain forms of extortion made the list.

Inmates often need an attorney to figure out if their charges fall under the description of a violent crime or a non-violent offense. The details of the case and the specific charges filed against the offender may determine eligibility. An attorney can file an appeal if the inmate was not violent, but they are ineligible due to the type of charge made against them.

Earning the Credit

Credits are applied for good behavior, but the inmate must do more than behave. Participation in work groups counts as much as following rules. The completion of certain programs earns people milestone credits. Non-violent offenders can earn up to six weeks of credit time per year. Included in this credit system are training, education, and rehabilitation programs.

Education credits beyond the milestone credits help even more. Inmates that receive high school diplomas or higher degrees qualify for the added credit. Those that completed the programs before the law came into effect can receive retroactive credits. Rule violations of any kind cause loss of the credits.

Primary Offense Release

The passing of Prop 57 changed the law to allow the release of some inmates after serving out the time sentenced for their primary offense. The law also enables some to earn more credits than usual towards an early release, but the California Department of Corrections and Rehabilitation (CDCR) controls who qualifies for this benefit.

Exclusions for Some

Prior convictions, particularly those that fall under the three strikes law, can lead to ineligibility as well as the requirement to register as a sex offender. The CDCR may also exclude inmates that break prison rules. The CDCR can consider the time spent in a mental health facility after committing a crime as a prior offense and use it to consider an inmate ineligible.

Prove Public Safety

Prop 57 does not guarantee an early release. Every inmate must prove they do not pose a threat to society. The benefit an inmate receives depends on their effort to improve their lives and their willingness to follow prison rules. The CDCR conducts reviews on each qualified inmate once they serve the time for their primary offense before granting their release.

Proposition 57 helps many non-violent offenders to serve their sentences faster and return to their normal lives sooner. Unfortunately, there is a lot of confusion about who qualifies. Anyone facing criminal charges must have an attorney to prevent ineligibility through incorrect charges. Current inmates should have their case reviewed to see if they deserve any retroactive credits.

There are plenty of reasons why anyone facing or experiencing incarceration would want some advice and guidance about this law. Contact Ralph Torres Attorney At Law to discuss your case or to learn more about early release credits.

Statutory Rape: It’s Your Duty to Be Informed

Thu, 03 May 2018 15:16:20 GMT

If you have been accused of statutory rape, you need to understand what the law says and what your options are. Read this blog to learn more.

In California, an individual can willfully and legally engage in sexual contact at 18, known as the age of consent. An adult that engages in sexual activity with someone who has not reached this age can be charged with statutory rape.

A common claim among many in this predicament is that they did not know the actual age of the child. But according to the law, a lack of information is not a viable claim. If you've been charged with statutory rape, there are several things you must understand.

Duty to Be Informed

Rape is often mischaracterized. People hear the term and think about a violent, forceful, non-consensual exchange. But rape can also be non-violent and consensual when a minor is involved. The term rape is justified in this instance because the state of California believes that persons under the age of 18 are not mentally prepared to consent to and understand the nature of the activity in which they are engaging in.

Adults are responsible to know the age of any person with which they sexually interact. A claim that you failed to ask their age is not enough. Your failure to act responsibly and verify the age of the other party could very well lead to your conviction, and the consequences of this judgment could include fines, probation, and/or years behind bars.

California Connection

California aggressively investigates, charges, and convicts individuals accused of statutory rape. In addition to an eagerness to protect children from sexual exploitation, the state also has a unique structure as it pertains to statutory rape.

If you're no more than three years older than the victim, this is an automatic misdemeanor charge. If you're over the age of 21 and the victim is 16 or younger, you will be charged with a felony rape charge.

Several states have adapted Romeo and Juliet exemptions aimed at waiving or preventing charges when the victim and the accused are close in age, such as 18 and 16. The state of California exercises this exemption, but not entirely. A statutory rape charge will still be pursued, but at best, a charge may be reduced from a felony to a misdemeanor.

Plausible Defenses

Each person charged with statutory rape isn't guilty, but a plausible defense is critical for those individuals that fall into this category. Here are some possibilities.

No Sexual Contact

A relationship does not equal sex. If you and the minor dated, texted, talked on the phone, and engaged in other relationship-like behavior but were not sexually involved, you can argue that the claim is false since there was no sexual contact.

This is sometimes a viable defense when parents bring charges against an individual with whom they assume their child has engaged sexually. However, you need to be able to prove this claim.

Reason to Believe

Teenagers often lie, and there is no age limit on this unsavory behavior. When a minor lies to an adult and provides the individual with a valid reason to believe they are of age, this is a possible defense. For example, the minor showed proof of their age, such as a falsified identification or the accused met the minor at an adult-only establishment, such as a nightclub.

In these instances, it's arguable that the accused did their due diligence to verify the age of the other party, but the other party lied.

A charge of statutory rape is severe. Attorney representation is critical to protect your rights and work towards the best possible outcome. Ralph Torres Attorney At Law is standing by and waiting to fight for justice on your behalf.

Recent Changes to California Law

Thu, 08 Mar 2018 15:25:43 GMT

Get to know some of the recent changes and updates to California law that may impact you and your experience of the criminal justice system in the state.

If you live in California, you know that the laws and regulations regarding criminal charges and sentences can change quickly. Lawmakers are constantly trying to improve the system and to alter it to best suit the state's overall needs.

However, because of that, the system can be confusing to anyone who is charged with a crime or the loved ones of those people charged with a crime. Get to know some of the recent changes and updates to California law that may impact you and your experience of the criminal justice system in the state.

Drug Laws

Because cannabis has been legalized in California, the ways in which drug crimes are defined and identified have needed to be updated and changed to match the changes in society. Because possession of cannabis is no longer a crime, even in terms of recreational cannabis use, lawmakers had to update those laws as well as laws regarding what is legal and illegal in terms of cannabis use.

It is illegal now, for example, to drive under the influence of cannabis and open containers of cannabis in a vehicle are also illegal. These laws are much like the laws regarding alcohol use in the state and represent a new age in drug law and regulation in the state.

Cannabis laws are not the only drug laws that have changed recently. The mandatory minimum of three additional years to repeat drug offenses has been done away with as well. This means that nonviolent drug crimes will not carry sentences that are as harsh and can help reduce overcrowding in prisons.

Prison Rules for Elderly Inmates

One of the legal changes in the criminal justice system in California not having to do with drug crimes has to do with changes in the way the prison system deals with older inmates. If an inmate is over 60 years of age and has served at least 25 years in prison, the parole board is now legally required to consider them for parole and release.

The main idea behind this is to reduce prison overcrowding. However, this law could benefit you if you have a family member or other loved one that has been in prison for a large portion of their life and has reached the age of 60 or above.

Rules About Filming Crimes

With the increase in smartphone usage and other devices, laws have had to be updated regarding crimes committed while on camera. If a person knowingly and intentionally films themselves committing a crime in California, that person can face longer sentences and additional charges.

The act of video recording or live streaming a crime can now be considered an aggravating factor, particularly if the crime is violent. Recording or streaming a crime could also be grounds to deem the crime premeditated rather than an unplanned incident.

How a Lawyer Can Help You Navigate These Laws

Changes in California criminal laws can be confusing and can make it difficult to navigate the criminal justice system.
Whether you find yourself charged with a crime or you have a loved one that is dealing with criminal charges or is currently incarcerated, the best thing you can do for yourself is to consult with a lawyer . They will be able to help you understand the laws and make the most of the changes that have occurred to these laws recently, reducing sentence times and improving parole opportunities.

Now that you know more about the recent changes in California laws regarding criminal law, consult a lawyer if you need help dealing with any of the issues described in this blog.

6 Mistakes a Motorist Needs to Avoid When They’ve Been Pulled Over for a DUI

Wed, 03 Jan 2018 15:33:22 GMT

Your reaction to being pulled over, questioned, and arrested over a possible DUI will have a big impact on the outcome. Unfortunately, a lot of motorists make some big mistakes because they don't know enough about DUI law and procedures.

However, if you remember to avoid the following six mistakes, you could avoid a DUI arrest or conviction.

1. Talking Too Much

You are not obligated to be talkative or provide information that wasn't explicitly asked for when you're pulled over. While you will have to communicate with the officer that pulls you over, you should be brief and to the point, as you answer the officer's questions.

Being excessively talkative could give the officer the impression that you are nervous because you have had a lot to drink. Your best bet is to say as little as possible while still being polite and helpful.

2. Being Uncooperative

While you don't want to talk any more than necessary when you're pulled over, you also want to avoid being uncooperative or giving an attitude to the police officers. Police officers may be more suspicious of you if you seem bothered about being pulled over and are reluctant to follow their requests. Being uncooperative may give the officer the impression that you are combative because you have been drinking.

Be polite with the officer and make sure you don't come across as irritated or angry.

3. Lacking Required Documents

Any motorist knows that the first thing they'll need to present when they're pulled over is their license, registration, and proof of insurance.

If you are driving, then you should always have these documents with you. If your papers are organized and all in one location, then your organization may help in any situation where you are pulled over.

4. Showing Nervousness

This is probably the most difficult mistake to avoid, but it's important. Do your best to relax when you're pulled over, regardless of if you are guilty or not, and behave normally without showing signs of stress or worry when the officer starts talking to you.

Police officers may interpret your nervousness as a sign of guilt or drunkenness when in actuality you're just nervous to be in this situation. The more relaxed you are, the more likely you are to avoid the scrutiny of the police officer and to be allowed to go on your way.

5. Being Distracted

If you are distracted when the officer comes up to your vehicle and begins talking to you, the officer may be more suspicious than if you come across as focused and alert. If you end up having to take a field sobriety test, you'll need to be very focused because you will be judged on how well you handle the instructions.

It's important to avoid all distractions when you've been pulled over and focus your attention on getting through the interaction with the officer without arousing suspicion.

6. Refusing Sobriety and Breathalyzer Tests

In most states, refusing a field sobriety or Breathalyzer test is taken as an admittance of guilt and will put you in a bad situation. You'll most likely end up with a license suspension and could also still be charged with DUI as well. California is a state with implied consent laws , which refer to the refusal to take a sobriety test.

If you refuse the field sobriety test, the officer is going to assume it is because you know you're over the legal limit. You'll inevitably face consequences, so it's best to cooperate with the officers and hire an experienced DUI attorney.

Ralph Torres Attorney At Law is the friendly professional legal advisor you can rely on. Contact his office to learn more about dealing with a DUI pullover and DUI charges.

Understanding California's Three Strikes Law

Mon, 09 Oct 2017 15:37:40 GMT

California, like several other states, has implemented a Three Strikes Law. The general idea behind the law is that an individual who is convicted of three felonies may be sentenced to an extremely severe prison sentence. While each state may put these types of laws into place differently, understanding California's guidelines may lend insight to Three Strikes in general.

The law was passed as a response to several California murders that shocked the public, including the deaths of teenagers Polly Klaas and Kimber Reynolds. These were heinous crimes that encouraged the public to reconsider how felonies may indicate future behavior.

California's implementation of Three Strikes is meant to prevent crime and to keep habitual offenders off the streets, eliminating the ability to commit future crimes. Overall, it is not clear whether Three Strikes actually works to deter crimes from occurring.

While the laws surrounding Three Strikes change, the consequences are severe. Without proper legal help, you may find yourself in a situation where you are facing a life sentence in prison. This guide will help you understand how to approach your next court case.

What Is the Three Strikes Law?

The Three Strikes Law, sometimes referred to as a habitual offender law, is meant to increase consequences for those convicted of multiple felonies. If an individual already has two strikes and is convicted of a third felony, he or she faces a state mandated prison term of 25 years to life.

Changes in Three Strikes in recent years has made it more difficult for certain felonies to count as the final strike. For example, a shoplifting offense is no longer eligible to count as a third strike as it may have in the past. This means that the crimes now have to be considered violent or serious since the law changes in the early 2000s and in 2016.

What Convictions Are Considered Strikes?

A strike is considered a felony that has been deemed violent or serious. On the surface, these include rape and murder; however, there are also other felonies that count. These include infliction of great bodily harm, attempted murder, certain types of gang activity, and firearm-related crimes. Essentially, any crime that could potentially be punished with death or life in prison could be a strike.

Sexually-based offenses that count as strikes in California also include oral copulation, sodomy, lewd acts on a child under 14, armed sexual assault, and ongoing sexual abuse.

Crimes associated with theft may also count as strikes. These include robbery, residential burglary, and carjacking.

Juvenile convictions may also count as strikes if the felony is violent or serious and the juvenile was at least 16 at the time of the offense.

Of course, this is not a comprehensive list. There are many crimes not listed here that may be considered violent or serious.

Can an Individual Appeal Sentencing in a Three Strikes Case?

If you find yourself in a position where you are facing sentencing for a third strike, you may be able to appeal this, sometimes through a higher court. You will need a solid legal professional to challenge the law on this level.

It is much simpler to fight back against strikes early on before they begin to accumulate, and it is also often worth the fight. You are facing high stakes, so you need a strong defense attorney to fight for your rights.

Ralph Torres Attorney At Law can help you by providing a strong defense. When the consequences of your actions could include life in prison, you do not want to bet on your freedom. Strong legal counsel can protect your rights.