What Happens After an Arrest in California? - Answered by San Diego Defense Attorney

After being arrested and facing criminal charges in California, there are important things to know and understand regarding the process in order to adequately prepare yourself just in case it happens. You may be in an unknown and unfamiliar situation, and are most likely scared and confused while considering your options and next steps. Knowing that you have a support system and an attorney you can depend on to fight for your best interest is the first step to handling this situation successfully. You may have just been arrested, released on bail or researching on behalf of a loved one who was recently arrested. Regardless of your situation and your current status in relation to the legal process, Attorney Ashby Sorensen is here to support you and offer the strongest defense possible. There are many steps involved in handling a criminal case and he strives to prepare you with the knowledge of what to expect, and the answers you need to successfully combat each step.

Initial Attorney Consultation 

Your initial consultation is vital in retaining the representation your case needs, and offering relevant information so your attorney can adequately understand your matter. Together you will thoroughly discuss the details of your matter and review possible options that support your best interest. Attorney Ashby Sorensen prides himself in being open, honest and trustworthy with his clients to create a relationship that can successfully work towards ideal outcomes.

First Appearance/Arraignment

After you are arrested you will have a first appearance, or arraignment, in front of the judge. At this appearance you will hear the formal charges the prosecution has decided to place against you. It is important to obtain an attorney prior to your first appearance considering measures can often be taken prior to arraignment on your behalf in an effort to lessen your charges. You will also state your plea, whether guilty or not guilty and bail will be discussed in terms of availability and amount, if offered.

Pre-Trial Hearings 

Once a plea has been entered and bail has been set the court will schedule a pre-trial hearing. During this hearing the attorneys will discuss the possibility of settling and what the terms of that agreement are comprised of. This may include terms such as a guilty plea with an offered amount of probation to be served instead of jail time, or something similar. Discussing these possibilities and outcomes with your attorney is critical at this stage in order to negotiate the most feasible and ideal result.

Contact a San Diego Defense Attorney to Defend You After an Arrest

Attorney Ashby Sorensen is a trusted defense attorney will the knowledge and experience to aggressively defend your rights and act in your best interest. Through every step of the legal process after an arrest, he will defend you and your case with the focus it deserves. Call (858) 999-6921 now for your free consultation and protect your rights and freedom today.

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What California Civil Code Section 1219 Means to Your Domestic Violence Case - Discussed by an Experienced San Diego Domestic Violence Lawyer

The level of consequences you may face if charged with domestic violence may be severe and more involved than most individuals understand. Possible repercussions include jail time, completing a batterer’s treatment program and the implementation of protective or restraining orders may occur as a result of the charges you face. A treatment program may last for over one year and a criminal protective order may hinder you from visiting places you normally would or limit your time with friends or loved ones. Unfortunately, some individuals charged with domestic violence are subjected to such limitations and punishments after being unjustly and falsely accused.  A skilled and knowledgeable San Diego Domestic Violence Lawyer can discuss your matter with you, help you understand your options and offer a path to an ideal outcome.

California Domestic Violence Laws and Punishments
Oftentimes a spouse or loved one may call the police, report an incident of domestic violence, and then later wish to retract it. However, once police are called regarding domestic violence, they are required to respond regardless of how the alleged victim now feels or if the accusations were falsely made. Commonly couples get into an argument and alcohol or substances may be involved that amplify emotions and the level of the argument. Out of passion or anger one spouse may wish to combat the other with a call to the police despite a lack of actual violence occurring, or may overstate the physicality that did or did not occur.

Officers responding to alleged domestic violence calls will most likely make an arrest and are able to do so under California Penal Code if certain circumstances are present. California Penal Code section 836(d) states a police officer responding to a domestic violence situation ”…may arrest the suspect without a warrant where both of the following circumstances apply:

1. The peace officer has probable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed.
2. The peace officer makes the arrest as soon as probable cause arises to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed.”

This code stands to support alleged victims considering it allows for arrest regardless of whether actual assault or batter has occurred. In conjunction with the fact that alleged domestic violence victims are not required to testify, it is very important to have aggressive defense counsel on your side.

San Diego Domestic Violence Lawyer Offers Trusted Aggressive Defense
The California Penal Code may be working against your favor in a domestic violence case and Attorney Ashby Sorensen has the knowledge and insight it takes to combat the prosecution. He will use his years of experience and vast knowledge of California’s domestic violence laws towards your case’s success. Call (858) 999-6921 now to schedule your free consultation to discuss your best options.

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Do I Have to Testify in a California Domestic Violence Matter? Answered by an Experienced San Diego Domestic Violence Lawyer

Being charged with domestic violence can be a very difficult and stressful time. You may be faced with a plethora of questions surrounding your rights, when you can get out of jail, when you can go home, if you have to testify and so many others. Every state’s domestic violence laws can be different so it is important to understand the legal system and what you may be facing in California. One of the main questions individuals have is whether or not they have to testify in a domestic violence matter. For example, a wife may call the police to claim she was hit or abused by her husband. When the police arrive to arrest the alleged suspect the victim says it didn’t happen, however the alleged suspect
may still go to jail. The supposed victim no longer wishes to testify against her husband, so what will happen with this case in court and what will happen to the suspect?
 
Retracted Domestic Violence Claim 
 If an alleged victim retracts their claim of domestic violence and denies that anything physical or violent occurred, the prosecutor can still move forward with the state’s case against the husband or suspect. This can occur by way of the prosecution issuing a subpoena and forcing the victim to take the stand. Additionally, if the wife’s original statements are assumed to be true she does not have the right to not to testify against her husband. Many scenarios could unfold if the person originally alleging domestic violence retracts their accusations and refuses to testify. The District Attorney may attempt to offer her previous statements and discuss how they are inconsistent. The judge may also hold
that person in contempt of court if they refuse to testify and a good explanation cannot be offered, although this is incredibly rare.  Knowledgeable domestic violence lawyers are aware of ways to protect individuals from having to testify and can secure their legal rights.

Although the process does not necessarily stop if criminal charges are made against someone, then retracted, there are helpful options available. The police and the prosecutors have the majority of control once they are involved at the outset, however a domestic violence lawyer will be able to analyze the matter and provide possible options given the circumstances. Despite someone’s wishes to move forward with the charges or not, the prosecution ultimately makes the decision and your hands may be tied. It is important to know at the outset the severity of making statements, pressing charges and securing proper legal representation to best handle a case that may proceed without your consent.

How a San Diego Domestic Violence Lawyer Can Answer Your Domestic Violence Charges Questions
Emotions and circumstances can fuel situations and we can make unfortunate decisions. If you have found yourself in a domestic violence matter you no longer wish to be apart of or do not wish to testify on behalf of, our firm can help. Attorney Ashby Sorensen has years of experience and vast knowledge of California’s domestic violence laws, which he will use to contribute to your case’s success. Call (858) 999-6921 now to schedule your free consultation to review your best options.

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Best Criminal defense lawyer in san diego

Have you been charged of any criminal cases and looking for the best legal advisor? Criminal defense lawyer, Ashby C. Sorenson is skilled, experienced and proficient enough to represent you in all criminal cases like drug charges, DUI, domestic violence, robbery etc. For the past many years, he has been dealing with the post trial issues, investigations and sentencing cases. Call us today at (858) 999-6921 to hire the best defense attorney for your case or visit our website www.diegoattorney.com for more information.

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How a Dismissal Can Help You Get a Job or Keep Your License – Discussed by a San Diego Defense Lawyer

Although it is safe to assume that no one wishes to have a criminal record or be convicted of a crime, it may surprise some people to fully understand the ramifications and negative effects both can have your life. Some individuals plan to tackle their case on their own without fully grasping the weight of what is at stake, and how a guilty conviction may hinder them from gaining employment or a driver’s license. A qualified and experienced defense lawyer understands the applicable California laws, and is able to present aggressive defenses, expunge a record or request a dismissal in order to protect your legal rights, your future and your freedom.

How a Dismissal Relates to Employment

In California, there are certain laws and regulations pertaining to what employers can and cannot ask a prospective employee who wishes to be hired. Although there are restrictions for both public and private employers, your chances of being hired are far more likely if you are to receive a dismissal in comparison to a conviction. Per California law, private employers cannot specifically ask a potential employee about any arrests that did not lead to conviction. Therefore, if you were arrested but you were not convicted of a crime, you do not have to disclose that in your application or during an interview. A private employer has legal boundaries and only has the ability to ask you if you have been convicted of a crime, or if you are out on bail or on your own recognizance pertaining to a recent arrest. On the other hand, public employers require far more transparency considering you are required to submit fingerprints and a standard background check. This will result in full disclosure of any and all convictions or arrests in your past and detail your entire criminal history.

Past Conviction Dismissal or Expungement

California also allows individuals to dismiss past convictions if enough time has passed and certain qualifications are met. Although a dismissal is ideal, an expungement can also benefit your well-being and help to clean up your record. Commonly misunderstood, an expungement does not in fact erase previous convictions but vacates convictions or guilty pleas and replaces them with dismissals. To expunge a record, an attorney can petition the court asking to expunge a record, including all offense information and pertinent details to assist the judge in making his or her decision.

Contact a San Diego Defense Lawyer Today to Discuss a Dismissal or Record Expungement

If you have a past that is hindering your present or holding you back from a better future, San Diego Defense Lawyer Ashby Sorensen can help. His years of experience have helped him to understand the frustrations and concerns you may have, and he has helped many individuals just like you clean up their record. Call (858) 999-6921 now for your free consultation and exercise your rights to a cleaner record today.

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San Diego Criminal Defense Attorney Discusses How to Handle Booking and Bailing After a DUI Arrest

With the holiday season upon us, the amount of DUI checkpoints heavily increases in Southern California, and so do the amount of DUI arrests. If you find yourself being arrested for a DUI, you probably have many questions and concerns regarding the process and what actions you should take. Typically in a DUI scenario, a person is either pulled over on a freeway or street, or at a DUI checkpoint by an officer and is subjected a Breathalyzer test or is asked to take a field sobriety test. Based on those results or an officer’s observations, the officer may arrest the suspect for driving under the influence. A person can be charged with a DUI for driving under the influence of either alcohol or drugs, or a combination of both. Regardless of the influence, if their judgment is impaired and their ability to drive is hindered, they are likely to be arrested, booked and processed. It is always recommended that you call an attorney you can trust who will quickly and attentively support your defense, however there are some things you need to remember regardless of how you choose to proceed.

Booking Process After a DUI Arrest

The booking process essentially begins as soon as you are arrested. When you arrive at the police station, your fingerprints and personal information will be taken, and any items on your person will be searched and most likely confiscated. Your photograph will be taken and a background check will be performed to review your criminal history and any other relevant information about your past. You will then most likely be held in a jail cell or holding cell alone or with other individuals.

Generally, those people who are brought in and arrested for DUI are released on bail or a term commonly known as “own recognizance.” Once you have been booked you may be given the option to post bail and be released from jail in exchange for monetary payment. There is a caveat to this release in that the suspect must return for their court appearance, which is usually scheduled for a future date soon after the arrest. If the amount of bail is set by the judge at a later time, he or she will set an amount based on the person’s ties to the community, their work or familial obligations, their risk of flight, the severity of the offense and the suspect’s criminal history.

The individual who was arrested, a family member, or a bail bondsmen may post bail for the suspect to secure their release. A bond may also be posted with an agreement to pay the full amount should the suspect not attend their court appearance. On the other hand, if an individual is released on own recognizance, no amount of bail money or bond is owed and the suspect is free to leave. Some restrictions may be imposed such as not being allowed to travel outside of the state for example.

How Contacting a San Diego Defense Attorney Can Help With Your Recent Arrest

Whether you were arrested for the first time or you have a criminal history or record, our office understands the frustrations you are experiencing. We pride ourselves in aggressively protecting our client’s rights, and that often begins at the booking and bailing stage of an arrest. San Diego Defense Attorney Ashby Sorensen is a trusted attorney who knows how to act quickly and in your best interest. Call (858) 999-6921 now for your free consultation and protect your rights today.

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San Diego Criminal Defense Attorney Discusses the Effect of Three Strikes Law Reform

Most Californians, and the nation in general are familiar with the heavy three strikes law and the punishment of 25 years to life in prison if convicted of a third offense. However, many individuals may not be aware that certain developments have created a shift in the effect of the law and reform has created possibility for those convicted in the past. Because the law was vague in deciphering what constituted as a “violent” offense, an influx of “strikers” were created and prisons began to be grossly overcrowded. As a result, Proposition 36 was passed in 2012 to combat this result and dilute the amount of “strikers” by narrowing those that qualified by definition. The 2012 reform essentially stated there would no longer be a mandatory 25-years-to-life sentence for "strikers" whose third strike is not a "serious" or "violent" felony. Not only were California voters overwhelmingly supportive of this outcome, so were the imprisoned “strikers” considering they were able to petition against their newly found unfair term.   

Term Reduction for Those Serving a Three Strikes Sentence

In order to know if you or a loved one that is serving a sentence is eligible for a sentence reduction, it is important to first understand what convictions qualify for consideration. Serious or violent felonies were listed under the Three Strikes Law, and therefore qualified for possible sentence reduction. Generally, most felonies involving violence were on the list, including rape, robbery, burglary and murder given the heinous nature of the crime.  

Many juvenile offenses are also on the list considering the harshness the Three Strikes Law imposed. For a juvenile conviction to qualify for reduction, the offense and defendant must meet certain criteria. These include the defendant being 16 years of age or older at the time of the offense, the conviction qualifying as a strike under the California Penal Code definitions of violent or serious felony and that the crime is listed in California Welfare and Institutions Code 707(b). 

Other types of offenses can count as well and qualify for sentence reduction in the state of California. For example, if the offense occurred out of state it may count as a strike so long as it would qualify as a strike in California. Multiple strikes that may have accumulated in a single trial may also qualify collectively and do not need to be brought and tried separately. Given the intricate nature of the reform and the complexity of understanding what does and does not qualify, it is recommended that you speak to an experienced criminal defense attorney who is well-versed in the applicable California laws. 

Call a San Diego Criminal Defense Attorney with Three Strikes Questions Today

If you are serving a sentence you feel warrants reduction, or know of a loved one who deserves to be released early under Three Strikes, contact our office today. Trust that Criminal Defense Attorney in San Diego, Ashby Sorensen has your best interest in mind, and will fight for your rights and freedom. Call (858) 999-6921 today for your free consultation.

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