Criminal Defense Blog

DUI- HOLIDAY WEEKEND (Breath or Blood Test)

2009-09-04T16:49:00.000-07:00

Law enforcement ramps up DUI prevention over holiday weekends. Police will be spending more time and resources seeking out individuals suspected of driving under the influence.

California license holders arrested for DUI are required to submit to either a breath or blood test. Should you fail to voluntarily take a test, you lose your license for a year regardless of whether you actually drove under the influence.

After a DUI arrest, a driver has ten days to notify the DMV that they wish to contest the automatic suspension of their license. Should no hearing be set, a suspension will occur thirty days after the arrest for driving under the influence.

DUI Attorney San Mateo County Driving Under the Influence Criminal Defense

Marijuana Possession

2009-09-01T22:02:00.000-07:00

Under the law, it is still illegal to possess marijuana in California. Less than an ounce can only be charged as a misdemeanor. The maximum penalty for misdemeanor possession is a small fine. You cannot be sentenced to jail for misdemeanor possession. Felony possession can be charged for amounts greater than an ounce.

With a marijuana card, a person can legally possess marijuana. A marijuana card does not allow a person to trade, sell or give away marijuana. Any of these activities can be charged as a felony no matter how small of an amount is involved. There is also a limit on how much marijuana a person can legally possess at any given time. If you obtain a marijuana card it is important to know the law. This can keep you within the law and out of jail.

Marijuana Criminal Defense Attorney San Mateo Criminal Defense Marijuana

Drug Possession- Personal Use

2009-08-18T21:01:00.000-07:00

Under Penal Code Section 11350, the possession of heroin or crack cocaine can only be charged as a felony. The possession of almost all other controlled substances can be charged as either a misdemeanor or a felony. The maximum sentence for possession for personal use is three years in prison.

Persons charged with a possession offense are often eligible for a probation only sentence. This means they have a right to drug treatment in lieu of prison or jail. In California, these programs are called 'Deferred Entry of Judgement' and 'Proposition 36 Treatment'. Each program has different requirements for eligibility. If a person is sentenced under either of these programs, they have a right to have their case dismissed if they complete probation successfully.

Criminal Defense Attorney San Mateo Possession of Controlled Substances

Consent to Search

2009-08-13T14:17:00.000-07:00

Without a warrant or other valid exception, the government is not allowed to search one's person or property. This protection stems from an expectation of privacy in the protected areas. Law enforcement often requests permission to search in order to avoid the necessity of getting a warrant. Many feel that law enforcement puts pressure on them to give such permission. Any pressure exerted by law enforcement is improper and illegal. Consent given as a result of police coercion is invalid. You have a right to say, 'No.'Denying consent cannot be used against you.

Criminal Attorney San Mateo Redwood City Search and Seizure

Miranda Rights Cannot Be Equivocal

2009-08-10T15:44:00.000-07:00

A request for an attorney must be conveyed to law enforcement in a clear unambiguous manner. Should there be any question as to the true intention of the speaker, law enforcement is not required to take steps to determine the statement's meaning. In other words, law enforcement can continue to question a suspect as if he or she never asserted a right for counsel. To avoid any undue prejudice, request an attorney in a clear manner and immediately upon being taken into custody.

Additionally, the request for an attorney is offense specific. This means that a person who is being investigated for more than one offense, must specifically request an attorney as it relates to each matter. In other words, if someone is being investigated for two separate offenses, he or she must make it clear that the request for an attorney applies to each offense. The same holds true if a person is being investigated for a new offense in conjunction with a probation violation.

Criminal Attorney Defense Redwood City Miranda Rights

Law on Expungement

2009-08-07T16:11:00.000-07:00

Under Penal Code Section 1203.4, a person who has been convicted of a crime and granted probation is entitled to have his record expunged, with the case dismissed, if (a) he has fulfilled the terms of his probation; (b) his period of probation is over; or (c) the court, in its discretion, finds that defendant, in the interest of justice, is entitled to relief.

Furthermore, Penal Code Section 1203.4 allows for probation to be terminated early to allow someone to expunge their conviction.

People v. McLernon states that a person is eligible for an expungement even if they suffered a probation violation, such as a 'dirty' drug test. A court can look at any relevant information in determining whether to grant an expungement, including post-conviction good behavior. Good conduct such as employment, education, or other methods of rehabilitation are factors which may qualify someone for expungement.

People v. McLernon also states that a person can reapply for expungement even if their request has been previously denied.

Criminal Defense Attorney San Mateo County Redwood City Expungement

Restraining Orders- Know Your Rights

2009-08-03T22:28:00.000-07:00

A restraining order can be obtained by victims of harassment. This order can keep the restrained party away from a person's home, work, vehicle and family. Typically, restraining orders require the restrained party to stay 100 yards away. Restraining orders are often valid for three years.

A person seeking a restraining order needs to establish that he or she is a victim of violence, a credible threat of violence, or a course of conduct intended to seriously alarm, annoy, or harasses a person.

Each violation of a restraining order can result in criminal charges.

Restraining Order Criminal Attorney San Mateo County Redwood City

Expungement: A Clean Slate

2009-07-27T19:54:00.001-07:00

Criminal convictions can make it difficult to find a job. Most job applications require an applicant to disclose a past conviction. In these days of rising unemployment, expungement is often necessary to get a fair shot from a prospective employer.

Under the Penal and Vehicle Code, almost all misdemeanors can be expunged. Many felonies can also be expunged. In fact, the Penal Code allows for probation to be terminated early and a conviction to be expunged immediately.

Expungement can clear someones record and offers the clean slate needed to get the desired job.

Criminal Attorney Expungement Lawyer San Mateo County Redwood City

Traffic Tickets- Don't Let Your Insurance Raise Your Rates

2009-07-22T21:17:00.001-07:00

In the modern world, more people commute to work than eat a daily breakfast. All this time on the road, can make a driver vulnerable to traffic tickets. Each moving violation can cause additional points on a driving record and increase insurance premiums. To make matters worse, tickets seem to come in pairs. One will not get a ticket for several years, and then all of a sudden receive two over a short period of time.

Many people feel there is nothing that can be done besides request traffic school. This simply is not true. If you are not eligible for traffic school, there are several additional strategies to fight your ticket, such as negotiating for a non-moving violation (no points), Level II Traffic School or taking your case to trial.

Traffic Ticket San Mateo County Criminal Defense Traffic School

First Amendment and Criminal Threats

2009-07-20T17:52:00.000-07:00

I think it goes without saying that almost everyone is for freedom of speech. But where should the limits be? You cannot yell, "Fire!" in a crowded movie theater. Should you be able to curse at someone, yell racial slurs, or even threaten to commit injury to another.

When it comes to threatening another person, the law is clear that not all threats are created equal. For a threat to be a crime, the speaker must have the intent that the words spoken be taken as a threat. Who amongst us hasn't said something they did not mean in the heat of an argument. Such comments, when the person does not mean literally what they said, are simply not crimes.

Criminal Threats San Mateo Criminal Defense Redwood City

Public Intoxication or Summertime Fun

2009-07-19T18:59:00.000-07:00

Having a few spirits on a hot summer day is a popular past time for many. But sometimes, the fun can go to far. Whether in public, or on private property opened to the public, you cannot consume alcohol to the extent that you become a danger to yourself. Simply put, you must stay in control. So, if you decide to enjoy a few alcoholic drinks this summer remain sober enough to protect yourself and not endanger anyone. Then the fun, simply stays fun.

Public Intoxication Criminal Defense Attorney Redwood City

Know the Defenses that Can Prove Your Innocence

2009-07-15T18:24:00.001-07:00

Defenses Which Could Result in Dismissal of Your Case

Illegal Search or Seizure: All searches or seizures by the police must be pursuant to a valid warrant or a legal exception.

Failure to Give Miranda Warnings: The police are required to read a suspect his or her Miranda Rights prior to any custodial interrogation.

Self-Defense: A person is allowed to use reasonable force to prevent imminent danger to oneself, others or property.

Alibi: The prosecution must prove that the accused was present and committed the crime with which he/she is charged.

Mistake of Fact: A person who was acting under a mistake of fact is innocent.

Entrapment: The government cannot cause a normally law-abiding person to commit a crime.

Statute of Limitations: With some exceptions, the government must prosecute misdemeanors within one year of the offense and felonies within three years.

Lack of Knowledge: Many offenses require knowledge that certain contraband exists, i.e. knowledge that an illegal item is present in one’s home, vehicle or on their person. Lack of knowledge is an absolute defense to such crimes.

Lack of Intent: Certain crimes require a criminal intent, for example an intent to steal. The prosecution must prove criminal intent beyond a reasonable doubt to convict you.

Proof Beyond a Reasonable Doubt: The Prosecution has the burden of proving each and every element of a criminal offense beyond a reasonable doubt.

Speedy Trial: The government must prosecute or serve an arrest warrant without unreasonable delay.

Confront Your Accuser: Your accuser must appear in court to face cross-examination of their claims. Failure to do so requires dismissal.

Intoxication: Intoxication can be a defense to crimes which require certain mental states, such as intent or knowledge.

Cruel and Unusual Punishment: It is illegal for any punishment to be cruel and unusual.

Mental Impairment: A mental health condition may be a defense to many crimes.

Unconsciousness: You cannot be guilty of a crime if you were unconscious during an act, such as when sleep walking or severely injured.

Duress: An accused is not guilty of an offense if he/she acted under duress, threat or menace.

Accident: An accidental act or misfortune cannot be prosecuted as a crime.

Necessity: An accused is not guilty of a crime if he/she acted out of necessity.

Jurisdiction: A criminal offense must have occurred in the jurisdiction in which the offense is charged.

Criminal Defense Attorney San Mateo County Redwood City

Problems with Eye-Witness Identification

2009-07-12T18:42:00.000-07:00

A common method of obtaining an identification of a suspect is for law enforcement to use a six-pack photo array (a series of six headshots). When faced with a police lineup or photo array, eyewitnesses are likely to see it as a multiple choice type of test -- a multiple choice test that has no "none of the above" answer. Therefore, a witness may see the lineup or photo array as a task of identifying the person who best matches his recollection of the perpetrator -- even if that match is not perfect.

But simply choosing the person who looks the most like a perpetrator, is not a method of obtaining justice. Some reports indicate over 5,000 people a year are wrongly convicted due to misidentification. Mistaken eyewitness identification is widely considered the leading cause of wrongful convictions in the United States. Of the 232 cases over-turned by DNA evidence to date, over 75% have involved faulty eyewitness identification.

San Mateo Attorney Criminal Defense Redwood City

2009-07-10T14:53:00.000-07:00

"http://rossgreenlaw.blogspot.com/"

Know Your Judge, It May Make a Difference

2009-07-07T18:54:00.000-07:00

The same argument can be made in front of two different judges with drastically different results. This reality can cause disparate treatment and punishment by the courts. The answer to this reality is to make sure that your attorney knows the judge who is hearing your case. An experienced attorney can modify his argument to emphasis the points which will be effective to a specific judge.

The Law Offices of Ross Green has the skill and knowledge to reach the desired result in front of any court. As a former prosecutor, Ross Green has learned how to navigate the various idiosyncrasies of California Judges. This knowledge base has only increased since Ross Green joined the defense bar. For a free consultation, contact The Law Offices of Ross Green at http://www.rossgreenlaw.com/.

Attorney Criminal Attorneys San Mateo County Redwood City

Officer Safety, What Exactly Does this Justify?

2009-07-06T20:35:00.000-07:00

Office safety is commonly used as a rationale for law enforcement to conduct a search or seizure without a warrant. For instance, if the police search a home pursuant to a warrant, it is lawful to freeze the residence and force everyone in the home to leave. The police, under certain circumstances, can briefly detain guests inside the residence in order to request identification. But where does this justification stop?

Officer safety is now being used as an excuse for a warrantless search of personal property. If the police enter a home, should they be allowed to search the purse of woman who refuses to identify herself? Clearly this is the easiest way to determine who this person may be or whether this person has any violence in their past. But are the police allowed to use this most intrusive of methods in order to ensure safety.

There are many other options available to law enforcement which do not require a surrendering of our right to privacy. In the situation discussed above, the police could have simply asked the person to leave the home. Law enforcement could also request consent to search for weapons if the third party insists on staying in the residence. Both of these methods alleviate officer safety concerns without eviscerating our right to privacy. Additionally, these methods would not take undue time or create a substantial burden.

Food for thought, if you believe that the police should be allowed to search a person's purse without any other justification than officer safety, should this allow them to search all the passengers of a vehicle which was pulled over for a simple traffic infraction. The slippery slope may not be clear, but we must take measures not to loose our footing and tumble down the hill.

Attorney Criminal Defense San Mateo County Redwood City

Michael Jackson's Acquital- Does it Mean Anything?

2009-07-05T19:06:00.000-07:00

On June 25, 2009, Michael Jackson suddenly passed away. His death has invoked a variety of responses from the general public. Just today, over 1.6 million people applied for tickets to Mr. Jackson's memorial service in Los Angeles.

Yet, not everyone is mourning his death. For many, the allegations of child molestation have overshadowed his five decades of contributions to American pop culture. Yet, Michael Jackson was never convicted of any offense related to child abuse. In fact, on June 13, 2005, he was acquitted of such charges. Nonetheless, many still feel he is guilty with no excuse for his actions.

Of course, the resistance to accepting Mr. Jackson's innocence may be tied to his unusual behavior or his settlement of a civil suit, on similar charges, for a staggering $22 million dollars. Yet, unusual conduct does not make one a child molester. Also, the motivations of the litigants in the civil action may be questioned by their acceptance of money in lieu of testifying in criminal court.

We will never know whether Mr. Jackson ever committed an act of child molestation. All the public can do is speculate. Unfortunately, this speculation sometimes becomes reality. A reality which has never been, nor ever will, be proven in a court of law.

Defense Criminal Attorney Redwood City San Mateo

Fight Your Traffic Ticket

2009-07-02T16:47:00.000-07:00

Although a traffic ticket cannot result in any jail time, a costly fine, suspension or termination of a driver’s license and increased insurance premiums often occur. Like all criminal offenses, the Prosecution needs to prove all traffic tickets beyond a reasonable doubt and you have a right to a trial to prove your innocence. Even if one is guilty of a traffic offense, traffic school is often a possibility. If traffic school has already been taken within the last 18 months, Level II (Advanced) traffic school can also be available.

Potential Penalties for Traffic Tickets
• Fine
• License Suspension or Termination
• Increased Insurance Premiums
• Permanent Criminal Record

Potential Penalties for Traffic Tickets
• Illegal Traffic Stop
• Inaccurate or Poorly Maintained Radar
• Traffic School (Level I or II)
• Inaccurate or Poorly Maintained Speedometer
• Failure to Establish Proof Beyond a Reasonable Doubt
• Speed Trap
• Necessity

Traffic Tickets San Mateo County Criminal Defense Attorney

What is a Misdemeanor?

2009-07-02T16:44:00.000-07:00

Misdemeanor offenses can carry jail time of up to 1 year, extensive fines and probation. Furthermore, a misdemeanor conviction can create a permanent criminal record and interfere with a person’s ability to find employment.

A person charged with a misdemeanor offense should consult an attorney before making any decisions. Selecting an attorney is often a difficult process. Be sure to discuss with whomever you choose, any and all viable defenses. Should fighting your case at trial not be the best option, talk to your attorney about the possibility of an alternative sentence, such as community service, electronic home monitoring or work furlough. A plea bargain can often be negotiated to reduce fines or allow for an extended payment period.

Contact the Law Offices of Ross Green for a free consultation. Ross has over eight years of experience handling misdemeanor offenses. All possible defenses will be explored and your rights clearly explained.

Defense Criminal Attorney Redwood City Misdemeanors

California's Three Strikes Law

2009-07-02T16:42:00.000-07:00

Under California’s Three Strikes law certain violent or serious offenses can be used by the prosecution to lengthen an individual’s prison term. A person with one prior ‘Strike’ offense can be sentenced to prison for twice as long as is normally allowed. For instance, a person charged with auto theft has the maximum exposure of three years. If the same person has a prior ‘Strike’, the maximum sentence becomes six years. A person with two prior ‘Strike’ offenses can face twenty-five years to life in prison. Furthermore, a ‘Strike’ makes an individual ineligible for probation.

California’s Three Strikes law only applies to felonies. Nonetheless, if a person has a prior ‘Strike’, their sentence can be enhanced even if the new offense is not violent or serious. As such, sentences are commonly lengthened for crimes such as theft and simple drug possession.
A person falling under California’s Three Strikes law can move the court to dismiss the prior offense by filing a Romero Motion. Once stricken, the sentence cannot be doubled and the person becomes eligible for probation.

A ‘Strike’ offense has serious ramifications to a person’s future. Any person charged with a ‘Strike’ offense should consult an attorney before making any decisions. Selecting an attorney is often a difficult process. Be sure to discuss with whomever you choose, any and all viable defenses. Should fighting your case at trial not be the best option, talk to your attorney about the possibility of an alternative sentence, such as community service, electronic home monitoring or work furlough. A plea bargain can often be negotiated to reduce fines or allow for an extended payment period.

Contact the Law Offices of Ross Green for a free consultation. Ross has over eight years of experience with California’s Three Strikes law. All possible defenses will be explored and your rights clearly explained.

Defense Criminal Attorney San Mateo County Redwood City California's Three Strikes Law

Drug Sales or Trafficking- Defenses

2009-07-02T16:38:00.000-07:00

A person is guilty for a sales or trafficking offense if they either sell a controlled substance or possess the contraband with an intent to sell it at a later time. Drug Sales or Trafficking offenses can only be felonies. Unlike simple possession offenses, a person guilty of this type of crime is not eligible for a probation only sentence.

Potential Penalties for Drug Sales or Trafficking
• Jail Time (Up to 5 Years)
• Fine
• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Drug Sales or Trafficking
• Failure to Give Miranda Warnings
• Illegal Search or Seizure
• No Intent to Sell (Personal Use Only)
• Lack of Knowledge that Contraband is Present
• No Possession or Control over Contraband
• Entrapment

Defense Criminal Attorney San Mateo County Drug Sales or Trafficking Redwood C ity

Drug & Paraphernalia Possession

2009-07-02T16:34:00.000-07:00

A person is guilty of a controlled substance offense when they knowingly possess a usable quantity of contraband or a device used to ingest a controlled substance. A paraphernalia offense can only be charged as a misdemeanor, while, possession of a controlled substance can be charged as either a misdemeanor or felony.

Persons charged with paraphernalia or drug possession offenses are often eligible for a probation only sentence, no jail time will be required and a defendant will only be required to comply with probation and take substance abuse classes. If probation is successfully completed, the charge will be dismissed without tarnishing a person’s permanent record.

Potential Penalties for Resisting Arrest
• Misdemeanor Jail Time (Up to 6 Months)
• Felony Jail Time (Up to 3 Years)
• Fine
• In-patient/ Out-patient Drug Treatment
• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Resisting Arrest
• Failure to Give Miranda Warnings
• Illegal Search or Seizure
• Lack of Knowledge that Contraband is Present
• Lack of Possession or Control over Contraband
• Not Usable Amount of Controlled Substance
• Voluntary Intoxication
• Accident

Defense Criminal Attorney Drug & Paraphernalia Possession San Mateo County

Resisting Arrest- Know Your Rights

2009-07-02T16:31:00.000-07:00

In order to be found guilty of this offense, a prosecutor must prove that a person knowingly and willfully obstructed, delay or resisted a peace officer in the performance of his or her duties. This offense can only be charged as a misdemeanor.

Potential Penalties for Resisting Arrest
• Jail Time (Up to 1 Year)
• Fine
• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Resisting Arrest
• Failure to Give Miranda Warnings
• Excessive Force by Police
• Illegal Detention or Arrest by Police
• Lack of Knowledge that Accuser is a Peace Officer
• Accident
• Duress

Defense Criminal Attorney San Mateo County Redwood City Resisting Arrest

Assault and Battery- Common Defenses

2009-07-02T16:28:00.000-07:00

Assault and Battery are two different offenses. Simply put, an assault is a failed battery. For instance, if a person attempts to punch another but misses, only an assault is committed. If the same person makes contact with his target, both a battery and an assault have been committed. In order to prove this offense, a Prosecutor needs to establish beyond a reasonable doubt that the act was done willfully and not in self-defense. As long as great bodily injury does not occur, Assault and Battery offenses can only be charged as misdemeanors.

Potential Penalties for Assault and Battery
• Jail Time (Up to 6 Months)
• Fine
• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Assault and Battery
• Failure to Give Miranda Warnings
• Force used in Self-Defense
• Lack of a Deadly Weapon
• Manner of Force not Likely to Cause Great Bodily Injury
• No Present Ability to Actually Apply Force
• Accident
• Unconsciousness
• Necessity
• Duress

Defense Criminal Attorney San Mateo Redwood City Assault and Battery

Assault With A Deadly Weapon

2009-07-02T16:14:00.000-07:00

Assault with a deadly weapon is a hybrid offense which can be charged under a variety of scenarios. The most common scenario is an assault which is committed with a deadly weapon, such as a gun or a knife. Under certain circumstances, this offense can be committed, without a weapon, when the force is applied in a manner likely to produce great bodily injury. If you are confused by this definition, you are not alone. Many attorneys do not understand the intricacies of this offense. As such, an experienced attorney is necessary to guarantee a person’s rights are fully protected.

Assault with a Deadly Weapon can also be a ‘Strike’ under California’s Three Strikes law. As such, the consequences of a conviction can be lifelong. For more information on the affect of a ‘Strike’ conviction see the information at http://www.rossgreenlaw.com/three-strikes.htm.

Potential Penalties for Assault with a Deadly Weapon
· Felony Jail Time (Up to 4 Years)
· A ‘Strike’ under California’s Three Strikes Law
· Fine
· Informal/formal Probation
· Permanent Criminal Record

Common Defenses for Assault with a Deadly Weapon
• Failure to Give Miranda Warnings
• Force used in Self-Defense
• Lack of a Deadly Weapon
• Manner of Force not Likely to Cause Great Bodily Injury
• No Present Ability to Actually Apply Force
• Accident
• Unconsciousness
• Necessity
• Duress

Defense Criminal Attorney San Mateo County Assault With a Deadly Weapon

Common Defenses to Robbery

2009-07-02T16:07:00.000-07:00

A theft becomes a robbery when the taking of property is accomplished with the use of force or fear. The Property must be taken from a person or their immediate presence.

Robbery is a very serious offense and carries harsh penalties. Robbery is also a ‘Strike’, under California’s Three Strikes law. As such, consequences of a robbery conviction can be lifelong. For more information on the affect of a ‘Strike’ conviction see http://www.rossgreenlaw.com/three-strikes.htm. Robbery can only be charged as a Felony.

Potential Penalties for Robbery
• Felony Jail Time (Up to 4 Years)
• A ‘Strike’ under California’s Three Strikes Law
• Fine• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Robbery
• Failure to Give Miranda Warnings
• Force used in Self-Defense
• Lack of Intent to Permanently Deprive
• Abandonment of the Property
• Property Not Taken from Person or their Presence

Attorney Criminal Redwood City San Mateo County

2nd Amendment and Weapons Offenses

2009-06-30T14:51:00.000-07:00

Weapons offenses involve the balancing of a citizen’s right to bear arms versus society’s interest in deterring violence. As such, whether a weapon, such as a gun or a knife, was illegally possessed often depends on where and how it was possessed. Additionally, all weapons crimes require the prosecution to prove that a person knowingly possessed the item involved. Examples of illegal weapons vary from guns and knives to ordinary household items with an otherwise lawful use. Weapons offenses can be charged as either felonies or misdemeanors.

Potential Penalties for Weapons Offenses
• Misdemeanor Jail Time (Up to 1 Year)
• Felony Jail Time (Up to 3 Years)
• Fine
• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Weapons Offenses
• Failure to Give Miranda Warnings
• Illegal Search or Seizure
• Location in which the Weapon is Possessed
• Lack of Knowledge
• No Personal Control or Ownership of Weapon
• Manner in which Weapon is Possessed
• Lack of Intent to Possess as a Weapon
• Self-Defense
• Necessity

Weapons San Mateo County Former Prosecutor Criminal Attorney

Vandalism Defenses and Penalties

2009-06-30T14:48:00.000-07:00

Vandalism is a very common charge. In order to be guilty of vandalism, the Prosecution must prove that a person willfully damaged property belonging to another with malice. Malice is defined as an act done with an intent to annoy or injure another. Vandalism can be charged as a felony when the value of the damage is $400 or more. Any damage of a lesser value can only be a misdemeanor.

Potential Penalties for Vandalism
• Misdemeanor Jail Time (Up to 1 Year)
• Felony Jail Time (Up to 3 Years)
• Fine
• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Vandalism
• Failure to Give Miranda Warnings
• Consent by Owner
• Lack of Malice
• No Damage Actually Occurred
• Necessity
• Ownership of the Property
• Self-Defense
• Accident

Vandalism Criminal Defense San Mateo County Former Prosecutor

Fraud-Embezzlement-Identity Theft

2009-06-30T14:42:00.001-07:00

Many thefts these days involve the use of another person’s identifying information, such as social security number, date of birth or bank account security codes. Identity Theft is often complex and involves many different aspects of the law, including fraud and embezzlement. Almost all of these acts require an intent to fraudulently use another’s information for an illegal purpose. Identity theft can be filed as either a misdemeanor or a felony.

Potential Penalties for Identity Theft
• Misdemeanor Jail Time (Up to 1 Year)
• Felony Jail Time (Up to 3 Years)
• Fine
• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Identity Theft
• Failure to Give Miranda Warnings
• Lack of Intent
• Consent by Owner
• Jurisdiction
• Mistake of Fact
• Duress
• Necessity

Identity Theft Fraud Embezzlement San Mateo County

Auto Theft Penalties and Defenses

2009-06-30T14:39:00.000-07:00

To be convicted of Auto Theft the Prosecution must prove that you took or drove a vehicle, belonging to another, without the owner’s consent and had the intent to permanently deprive the owner of possession or ownership for any period of time. Auto Theft can be charged as either a misdemeanor or felony.

Potential Penalties for Auto Theft
• Misdemeanor Jail Time (Up to 1 Year)
• Felony Jail Time (Up to 3 Years)
• Fine
• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Auto Theft
• Failure to Give Miranda Warnings
• Illegal Traffic Stop
• Lack of Intent
• Consent by Owner
• No Taking or Driving of Vehicle
• Alibi
• Mistake of Fact

Criminal Defense * Former Prosecutor * Auto Theft * San Mateo County

Potential Defenses to Burglary Crimes

2009-06-30T14:33:00.000-07:00

A Burglary occurs when a person enters an enclosed structure with the intent to commit a felony or a theft. A Burglary of a commercial establishment or vehicle can be charged as a misdemeanor or a felony. A Burglary of a residence can only be charged as a felony.

Residential Burglary is also a ‘Strike’, under California’s Three Strikes law. As such, the consequences can be lifelong. For more information on the affect of a ‘Strike’ conviction see the information entitled “California’s Three Strikes Law” at http://www.rossgreenlaw.com/.

Potential Penalties for Burglary
• Misdemeanor Jail Time (Up to 1 Year)
• Felony Jail Time (16 Months – 6 Years)
• Fines
• ‘Strike’ Offense on Permanent Record
• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Burglary
• Failure to Read Miranda Warnings
• Illegal Search or Seizure
• Lack of Intent to commit Felony or Theft
• No Entering into the Building
• Alibi
• Mistake of Fact

Burglary Criminal Defense San Mateo County Former Prosecutor

There is Nothing Petty About Theft Penalties

2009-06-30T14:30:00.000-07:00

Petty Theft is commonly known as shoplifting. To be guilty of this offense, the prosecution must prove a taking of property with the intent to permanently deprive the owner of the item. A petty theft can be charged as a felony if a person has a prior theft offense.

Potential Penalties for Shoplifting
• Misdemeanor Jail Time (Up to 6 Months)
• Felony Jail Time (Up to 3 Years in Prison)
• Fines
• Permanent Criminal Record
• Informal/ Formal Probation

Common Defenses for Shoplifting
• Failure to Give Miranda Warnings
• Illegal Search or Seizure
• Claim of Ownership of Property
• Lack of Intent to Permanently Deprive Owner of Property
• Accident
• Mistake of Fact
• No Taking of Property
• No Movement of Merchandise

Petty Theft Shoplifting San Mateo County Criminal Defense

DOMESTIC VIOLENCE CAN AFFECT THE WHOLE FAMILY

2009-06-28T09:44:00.001-07:00

Domestic Violence affects the entire family. Those charged with such offenses can be removed from their home and ordered to have no contact with their loved ones. Jail time, fines and counseling are often ordered by the courts. Whether Domestic Violence is charged as a misdemeanor or felony depends on a person’s criminal record, if a weapon was involved and whether any injury occurred. The Law Offices of Ross Green has the experience necessary to help you navigate through this difficult time which affects every aspect of person’s family life.

Potential Penalties for Domestic Violence
• Misdemeanor Jail Time (Up to 1 Year)
• Felony Jail Time (Most Offenses Have 3 Year Maximums)
• Fines
• Domestic Violence Counseling (Up to 1 Year)
• Anger Management (Up to 3 Months)
• No Contact/Harass Order (Valid for Up to 3 Years)
• Informal/ Formal Probation (Up to 3 Years)
• Permanent Criminal Record• Lifetime Ban from Possessing Firearms

Common Defenses to Domestic Violence Offenses
• Failure to Read Miranda Warnings
• Self-Defense
• Alibi Defense
• Lack of Injury
• False Statements to Police by Accuser
• Voluntary Intoxication
• History of Abuse by Accuser
• Accident

Defense Attorney San Mateo Criminal Defense Domestic Violence

LICENSE SUSPENSION FROM DRUNK DRIVING ARREST OR CONVICTION

2009-06-27T09:32:00.001-07:00

In order to be guilty of driving on a suspended license, the prosecution must prove that you drove a vehicle on a road or highway and knew that your license had been suspended.
The most common type of suspension is triggered by an arrest or conviction for driving under the influence (DUI Driver’s License Suspension). A DUI arrest automatically suspends your driver’s license. You have a right to have a lawyer represent you at any and all DMV hearings but you must set a hearing within 10 days of your arrest. Finding an attorney in timely manner can assist you in preventing lengthy and unnecessary suspensions.

Potential Penalties for Driving with a Suspended License

Mandatory Jail Time for Certain Suspensions
Fines ($300 - $2,000, Plus Assessments)
Informal/Formal Probation
Interlock Ignition Device
Permanent Criminal Record

Common Defenses to Driving with a Suspended License

Illegal Traffic Stop by the Police
No Evidence of Driving
No Knowledge of Suspension

Criminal Defense Suspended License San Mateo County

DUI Criminal Defense Redwood City Attorney San Mateo Lawyer

2009-06-23T11:25:00.001-07:00

What to do after a DUI Arrest?

If you, or a loved one, have been arrested for driving under the influence (drunk driving), you are probably worried about DUI penalties, jail time, fines, driver’s license suspension, having a permanent criminal record, or your ability to assert any and all defenses. The Law Offices of Ross Green has the experience necessary to help you navigate through the difficult questions which result from a DUI arrest.

Potential Penalties for Driving Under the Influence
• Jail Time (48 Hours – 1 Year)
• Fines ($390 - $1,000, plus assessments)
• Driver’s License Suspension or Revocation (Six months- 3 Years)
• Increased Vehicle Insurance Premiums
• Informal/Formal Probation (3 -5 Years)
• DUI Driving School (12 Weeks – 30 Months)
• Suspension or Revocation of Professional Licenses
• Interlock Ignition Device
• Permanent Criminal Record

Common Defenses to DUI Arrests
• Illegal Traffic Stop
• Failure to Give Miranda Warnings
• Inadequate Explanation or Administration of Field Sobriety Tests
• Improper Preservation of Breath or Blood Sample
• Inadequately Calibrated or Maintained Breath Machine
• No Visible Impairment in Driving Ability
• Lack of Signs of Intoxication
• Failure to Give the Breath or Blood Test Admonition

Avoid DUI Penalties
• Jail Time- Actual jail time can often be avoided through alternative sentences such as community service, alcohol treatment, electronic monitoring or work furlough. If fighting your case at trial is not the best alternative, consult with your attorney regarding any available options.
• Fines/Fees- Fines for DUIs are expensive. Often times, financial penalties can be reduced with a proper plea bargain or a negotiation of the payoff period.
• Driver’s License Suspension- A DUI arrest automatically suspends your driver’s license. You have a right to have a lawyer represent you at any and all DMV hearings but you must set a hearing within 10 days of your arrest. Finding an attorney in a timely manner can assist you in preventing lengthy and unnecessary suspensions.

DUI DEFENSE REDWOOD CITY CRIMINAL ATTORNEY SAN MATEO LAWYER

Defenses Which Could Result in a Dismissal of Your Case

2009-06-23T11:08:00.000-07:00

Defenses Which Could Result in Dismissal of Your Case
• Illegal Search or Seizure: All searches or seizures by the police must be pursuant to a valid warrant or a legal exception.
• Failure to Give Miranda Warnings: The police are required to read a suspect his or her Miranda Rights prior to any custodial interrogation.
• Self-Defense: A person is allowed to use reasonable force to prevent imminent danger to oneself, others or property.
• Alibi: The prosecution must prove that the accused was present and committed the crime with which he/she is charged.
• Mistake of Fact: A person who was acting under a mistake of fact is innocent.
• Entrapment: The government cannot cause a normally law-abiding person to commit a crime.
• Statute of Limitations: With some exceptions, the government must prosecute misdemeanors within one year of the offense and felonies within three years.
• Lack of Knowledge: Many offenses require knowledge that certain contraband exists, i.e. knowledge that an illegal item is present in one’s home, vehicle or on their person. Lack of knowledge is an absolute defense to such crimes.
• Lack of Intent: Certain crimes require a criminal intent, for example an intent to steal. The prosecution must prove criminal intent beyond a reasonable doubt to convict you.
• Proof Beyond a Reasonable Doubt: The Prosecution has the burden of proving each and every element of a criminal offense beyond a reasonable doubt.
• Speedy Trial: The government must prosecute or serve an arrest warrant without unreasonable delay.
• Confront Your Accuser: Your accuser must appear in court to face cross-examination of their claims. Failure to do so requires dismissal.
• Intoxication: Intoxication can be a defense to crimes which require certain mental states, such as intent or knowledge.
• Cruel and Unusual Punishment: It is illegal for any punishment to be cruel and unusual.
• Mental Impairment: A mental health condition may be a defense to many crimes.
• Unconsciousness: You cannot be guilty of a crime if you were unconscious during an act, such as when sleep walking or severely injured.
• Duress: An accused is not guilty of an offense if he/she acted under duress, threat or menace.
• Accident: An accidental act or misfortune cannot be prosecuted as a crime.
• Necessity: An accused is not guilty of a crime if he/she acted out of necessity.
• Jurisdiction: A criminal offense must have occurred in the jurisdiction in which the offense is charged.

Ross Green | San Mateo Redwood City Criminal Defense Attorney Website

San Mateo Criminal Defense Lawyer

2009-06-23T11:01:00.000-07:00

The Law Offices of Ross Green cares about each and every one of its clients. Dedicated to asserting every possible defense, Ross has a record of success.

As a former Deputy District Attorney, Ross Green has an advantage over other attorneys who do not have a similar background. Ultimately, Ross’ experience could help you avoid jail time and expensive fines.

Should fighting your case at trial not be the best option, Ross will work towards an alternative sentence, such as community service, rehabilitation, counseling, electronic home monitoring or work furlough.

Visit Ross Green's San Mateo Redwood Criminal Defense Lawyer Website