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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Dispelling Myths about Medical Marijuana in California

When our state legalized medical marijuana by passing California’s “Compassionate Use” Act of 1996 (known as Prop 215), many people who suffered from painful or debilitating medical conditions could suddenly obtain access to a valuable medicinal resource without fear of prosecution.  Voters approved California Proposition 215, which is now codified as Health and Safety Code Section 11362.5, et seq., to permit use of marijuana for treatment of a “serious medical condition.”  However, there are many myths and misconceptions about medical marijuana in California, so this blog post is intended to set the record straight in the hope this permits people to make an informed decision about whether to take advantage of Prop 215. 

Myth No. 1: An individual will be convicted of possession of marijuana if he or she does not have a medical marijuana card.

While there are distinct benefits to obtaining a medical marijuana identification (MMID) card, an individual can avoid a conviction under marijuana laws pertaining to possession, cultivation, or transportation of marijuana under certain circumstances even without a card.  If you are charged with any of these violations of criminal offenses involving cannabis, you can still assert your legitimate medical use as a defense.  A patient using marijuana will need to prove that a licensed California physician prescribed or approved the individual’s use of the drug either in written or oral form to treat a serious medical condition.  However, the decision to obtain a medical marijuana card can prevent the hassle of an arrest by providing a means to immediately establish that your use, possession, cultivation, or transportation of pot is lawful. If you present a medical marijuana card, a police officer will not arrest you for abiding by the terms of Prop 215 unless the information on the MMIC is false or the card was obtained through fraud.

Myth No. 2: Applicants for medical marijuana cards risk being targeted by law enforcement because their marijuana use is part of a law enforcement database.

A patient’s use of medical marijuana is not a matter of public record, and the California medical marijuana registry does not gather any personal information about cardholders, such as social security numbers, names, or addresses.  The only information that is kept is the unique card number and the fact card is valid.  The MMIC also does not display any personal information on than the individual’s picture.  When an individual purchases cannabis at a dispensary, the card identification number is entered into the database. The only information that is provided is whether the MMIC is valid.

Myth No. 3: Possession of a MMIC provides immunity from arrest or prosecution for marijuana-related offenses.

Although Prop 215 decriminalized medical marijuana in a number of respects, protection of the law depends on compliance with its terms and conditions.  If an individual possesses too substantial a quantity of marijuana or offers the drug for trade, transfer, or sale, these remain criminal acts.  Even possession of a small quantity of medical marijuana is a crime under certain circumstances.  An individual can be prosecuted for smoking marijuana under the following circumstances:

• Within 1,000 feet of a school, youth center, or recreation center (unless within a residence)
• At locations where smoking is prohibited
• On a school bus
• In a motor vehicle while driving

While marijuana is still classified as a Type I Controlled Substance by federal law enforcement authorities, the current policy of the federal government is not to override state medical marijuana laws provided sufficient safeguards are implemented.

Myth #4: My possession of marijuana is not regulated provided I do not have an intent to distribute or otherwise engage in acts of giving away or selling marijuana.

The amount of pot that is permissible under the CUA is strictly regulated in terms of quantity.  The allowable amounts of medical marijuana are indicated below:

• Cultivation: Maximum of eight mature plants or 12 immature plants
• Possession: Maximum of eight ounces of dried marijuana

However, there is an exception to the general rule that permits a medical marijuana patient to possess more plants or marijuana if a doctor indicates the higher quantity is consistent with the individual’s medical needs.

If you have been arrested for a marijuana-related crime or other drug offense, our San Diego Drug Defense Lawyer provides a vigorous defense of those accused of drug offenses.  The Law Office of Ashby Sorensen is devoted exclusively to representing individuals charged with serious crimes, including drug offenses.  Call Ashby today at (858) 999-6921 to schedule a free consultation. 

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Fraud Offenses in California: Understanding the Basics

Under California law, there are a multitude of fraud offenses defined under many separate statutory provisions.  Basically, criminal fraud in this state involve engaging in unfair or dishonest practices that permit you to obtain undeserved benefits and/or cause harm to another individual. Crimes of fraud usually arise out of a desire to escape culpability for illegal actions or to obtain a monetary or other financial advantage.  There are many types of fraud under California law, including the following:

Insurance Fraud: California Insurance Fraud involves attempting to obtain insurance benefits or money to which the insured is otherwise not entitled.  This type of fraud can range from staging a car accident, misrepresenting the insured’s loss or injuries, to submitting false billing to a private health insurer or Medicaid/Medicare for services not performed.  Examples include California Healthcare Insurance Fraud, Medicare/Medicaid Fraud, and Worker’s Compensation. 

Mail Fraud: The offense is a federal crime that is subject to more serious penalties. A violation involves fraud committed through use of the mail to advertise fraudulent services, intentionally fail to deliver a product ordered through mail, or mail a forged check.

Real Estate/Mortgage Fraud: These types of fraud have become much more common in recent years.  These types of fraud schemes take many forms including predatory lending schemes, creation or use of a forged deed, illegal flipping schemes (e.g. use of false appraisal or loan documents), fraudulent offers of foreclosure avoidance services, false financial records to obtain financing, and similar acts involving misrepresentation or false statements.

Check Fraud: Making or issuing a check when you intend to defraud the payee and, you reveal that intent by representing the check to be genuine.

Credit Card Fraud: This form of fraud can take many forms, such as selling fake credit cards, unauthorized use of another person’s credit card, and using an expired or revoked credit card

Nursing Home or Elder Abuse: Fraud in this contact involves financial abuse of nursing home residents or other elderly people.  A caregiver who persuades a resident to sign over the senior’s property, forges the senior’s name on checks, or overbills for care can face criminal charges of fraud.

These are just a handful of examples of fraudulent schemes using dishonesty, misrepresentation, lies, deception, and other forms of unfair conduct to defraud individuals and entities out of money, property, services, or benefits.

If you commit a form of fraud in California, you can face incarceration, substantial fines, the obligation to pay restitution, probation, and other penalties.  Further, a fraud conviction generally will be considered a crime of moral turpitude, which can result in difficulty obtaining a professional license, such as a doctor, attorney, and other occupations, as well as resulting in adverse immigration consequences for non-citizens.

If you have been charged with a fraud offense in Southern California, San Diego Criminal Defense Lawyer Ashby Sorensen is committed to assisting people facing the potentially life-altering consequences of a criminal conviction.  Call the Law Offices of Ashby Sorensen today at (858) 999-6921 to schedule a free consultation. 

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Drug Crime Defenses to California Drug Possession Laws – Discussed by San Diego Drug Lawyer Ashby Sorensen

There are two main overarching types of drug laws in the state of California - those pertaining to the possession of drugs, and those that govern the distribution or intent to sell drugs. There are also distinctions surrounding the types of drugs and their possible offenses that distinguish marijuana, phencyclidine (PCP) and methamphetamine from other controlled substances (commonly called narcotics). According to Section 1170 of the California Penal Code, the prosecutor has the authority to charge an individual and the state has the authority to punish someone who has committed drug-related offenses. If the state feels the individual had intentions of “drug dealing,” they may be charged for possession with intent to sell, or transportation of narcotics, which can lead to increased penalties and punishments. 

Possible Drug Crime Defenses 

A knowledgeable San Diego drug crime defense lawyer will have a deep understanding of California’s drug laws and understand how to present the best possible defense on your behalf. There are a variety of applicable defenses a drug lawyer could offer, and Attorney Ashby Sorensen looks forward to discussing your best options with you. For example, an individual may require the possession or use of certain controlled substances or marijuana for medical reasons, which would make their actions completely legal. A physician or specialist may also have prescribed those controlled and therefore, the individual was allowed to possess and consume them.

Oftentimes, an illegal search or seizure takes place during an arrest and the police find or confiscate evidence or drugs illegally. If that is the case, the evidence may not be admissible in court and an attorney may argue they cannot be used against you on those grounds. There may also have been mishandling of the evidence or faulty lab testing which can lead to inconclusive results and ultimately provide a defense to the charges. A drug lawyer may also argue that there was improper conduct or entrapment on the part of the police officer either during the arrest, custody or the interrogation. Any of the aforementioned circumstances may create a possible defense for the drug charges you are facing. A skilled and experienced drug lawyer such as Ashby Sorensen will be able to assess the details of your circumstances and work hard to protect your legal rights and your freedom.  

Contact San Diego Drug Lawyer Ashby C. Sorensen to Best Defend Your Drug Crime Charges 

Whether you have been arrested for a drug crime, or you know of a loved one who has, there are options and possible defenses. San Diego Drug Lawyer Ashby C. Sorensen has years of experience helping clients protect their legal rights and their freedom. He strives to create the best possible resolutions for drug crime clients and looks forward to building a strong defense for your case. Call (858) 999-6921 today for a free consultation and learn how you can start defending your charges now. 

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DUI Defence by San Diego Lawyer

Being arrested and charged with a DUI can be a very serious offense and may result in harsh punishments. There are a variety of factors and circumstances that lead to certain types of DUI charges. The number of DUI offenses you have previously acquired, whether there was injury to the other party, or the level of that person’s injury are all factors that determine what type of DUI classification you could be charged with. It is important to know the different types of DUI charges so you are educated on what constitutes each type, the available defenses that could be applicable in your case, and the scope of possible penalties and sentences you could be facing.

Different Levels of DUI Offenses

Each time a person has been arrested and charged with a DUI, the level of offense increases.  Meaning, for example, if it is your first offense, you will be charged with a 1st Offense DUI, and if it is your third, you will face 3rd Offense DUI charges. However, this only applies if the prior conviction was within 10 years of the new offense that you are charged with. The level of penalty and amount of fine also increases with each offense. Some possible consequences an individual may be faced with are suspension of driving privileges, lofty fines, probation, and jail time. Whether it is your 1st offense, or you have multiple DUI’s on your record, you have options and an experienced San Diego DUI Defense Lawyer can help you achieve the most favorable outcome.

Vehicular Manslaughter DUI and Felony DUI

Regarding Vehicular Manslaughter While Intoxicated, the level of charge classification depends on the level of negligence with which a person acted. If you acted with gross negligence, you will be charged with a felony under Penal Code 191.5(a), which leads to a sentence in state prison of four (4), six (6) or ten (10) years. However, if you acted with ordinary negligence, you will be charged with Penal Code 191.5(b) ordinary vehicular manslaughter while intoxicated. Ordinary Vehicular Manslaughter While Intoxicated under 191.5(b) is what California calls a “wobbler” charge; meaning, it can be classified as either a misdemeanor (up to one (1) year in county jail) or a felony (16 months, two (2) or four (4) years in prison).

Felony DUI with Injury

You may also be charged with a Felony DUI. A Felony DUI occurs if another person suffers injury or death because you (1) drove under the influence, and (2) either committed an additional vehicle code violation or drove in an otherwise negligent manner which caused someone to be injured. In other words, both elements have to be present, and the additional vehicular violation had to have been committed while you were driving under the influence and your driving caused injury to another person.

Contact Qualified San Diego DUI Defense Lawyer – Ashby C. Sorensen Today 

Despite the type of DUI you have been charged with, or whether or not it is your first offense, our law firm is here to help. If you want the best possible outcome for your case, contact a San Diego DUI Defense Lawyer who has the experience you need today. You have legal rights and we are here to protect them. Call (858) 999-6921 now for your free consultation with a qualified DUI Defense Lawyer who will fight vigorously for your rights.

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California Drug Offense Defenses – Reviewed by a San Diego Drug Lawyer

Most people who are arrested for a drug offense in California are unaware that there may be a variety of possible defenses used to drop or lessen their charges. The impact of a drug charge can be heavy in both personal/professional consequence and punishment. If you are facing drug charges and would like an experienced San Diego Drug Lawyer to review your case and your options with you, Attorney Ashby C. Sorensen is here to help. With years of experience assisting clients in dropping or lowering their charges, he understands the system and knows what it takes to be successful. He is incredibly knowledgeable of California’s Drug Laws and consequently the defenses that are applicable in receiving the best possible outcome.

Possession of a Controlled Substance

If you were in possession of cocaine, heroin, crack, ketamine, GHB, ecstasy or some prescription drugs, Health & Safety Code 11350 states that this violation is a misdemeanor. This type of misdemeanor drug charge may be punishable to up to three (1) year in the county jail. However, most people are unaware that they may be eligible for a Proposition 36 or Penal Code 1000 drug diversion. Proposition 36 modifies California’s drug laws as applicable to some repeat offenders, and PC 1000 allows eligible drug offenders to be "diverted" into an outpatient drug counseling program rather than become part of the criminal court system. An experienced and knowledgeable drug lawyer will be able to assess your circumstances and inform you of your options and qualifications in this regard.

Possession for Sale of Narcotics

Although Health & Safety Code 11351 makes it a felony to possess illegal drugs for the purpose of selling them, some offenders may have options regarding their defense. Proposition 36 and PC 1000 do not apply in terms of possession for sale, however many police officers assume certain quantities are intended for sale when in actuality they are in possession for personal use. Cops can sometimes use faulty information when accusing people of HS 11351 and an attorney who knows the law can aggressively fight in your defense. Attorney Sorensen has also punched holes in many prosecutors cases and had evidence suppressed by showing a warrant was unjustified or improperly obtained.

Call San Diego Drug Lawyer Ashby C. Sorensen Today

If you are facing charges for the possession or possession for sale of drugs, you need an attorney by your side that will fight for your defense. You have legal rights and the justice system is not always easy to believe your side. San Diego Drug Lawyer Ashby Sorensen is experienced in drug law, and has fought for many individual’s rights and rigorously works for the best possible outcome of his clients. Call (858) 999-6921 today for a free consultation and learn what your options are, and how you can drop or lessen your drug charges. 

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About Ashby C. Sorensen

Ashby C. Sorensen works hard to achieve the goals of his clients while maintaining their constitutional rights. An energetic, aggressive, and experienced trial attorney, Mr. Ashby C. Sorensen has devoted his career primarily to the defense of criminal matters, but he also maintains a general civil litigation practice.

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Get Rid of Charges With Expert Advice From San Diego Domestic Violence Lawyer

If you have been charged with domestic violence, you could be facing serious penalties and sentencing. Understandably you are probably dealing with a high amount of stress and a variety of emotions. The one thing you cannot afford to do is waste time by standing idol. The district attorney and their team has already begun developing a case regarding the charges they are pursuing against you. You need to fight back with a powerful defense and an experienced attorney by your side who is knowledgeable of how the system works and will fight for your legal rights. Regardless of whether the victim who brought forth the charges has recanted or insisted they no longer wish to press charges, the district attorney’s office will usually proceed with the case. Be sure you have an attorney fighting on your side to ensure those charges are dropped or pursued fairly if they do proceed.

Domestic Violence Lawyer Ashby Sorensen Will Fight for Your Legal Rights

Almost every district attorney’s office in California has a unit specifically assigned to prosecuting cases of domestic violence, and yours is most likely no different. Whether you are at fault for the offense or the domestic violence allegations were made impulsively and falsely, our team of defense attorneys can help ensure you are given the best defense possible. Domestic Violence charges are pursued very seriously in California and you could be facing much greater penalties than an individual facing assault or battery charges. Unfortunately, many false allegations of domestic abuse are made every day and inflated claims are pursued all of the time. The court system is often sympathetic to alleged victims as well.  Accordingly, you need an attorney who will fight for your legal rights and be sure the court knows your side of the story.

You Could Be Facing Serious Penalties

Charges for domestic violence are not taken lightly in California and the court may not be gentle when it comes to punishments. Most importantly, domestic violence charges will go on an individual’s permanent record, surfacing any time a routine background check is made, making it very difficult for someone to get a job, own a firearm, and many other serious consequences. Someone faced with domestic violence charges could be sentenced on a variety of levels depending on the seriousness of the injuries, and if the defendant has a criminal record. Cases can either be a misdemeanor and carry a maximum penalty of 1 year in the county jail, or they can be a felony depending on the seriousness of the case and you could be facing a lengthy sentence in state prison. Most convictions will also require the defendant to complete a 52-week domestic violence rehabilitation class, on top of serving probation and any time in custody

Contact Qualified San Diego Domestic Violence Lawyer Ashby C. Sorensen Today

If you have been charged with domestic violence you need a San Diego Domestic Violence lawyer you can count on to fight for your legal rights. You could be facing serious penalties or sentencing that could affect your permanent criminal record. Call (858) 999-6921 now to schedule your free consultation or speak with attorney Ashby Sorensen today to develop the best defense to drop or decrease your charges today.

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Criminal Defense Strategies Discussed by a San Diego Defense Attorney

The most important part of combating criminal charges is the strength of your defense. The prosecutor’s job is to pursue the state’s charges against you as vigorously as possible to ensure a ruling in their favor. If you and your attorney are not doing the same, your legal rights may not be adequately defended and you may receive punishment you don’t deserve. How an attorney builds a defense for their client is what measures their value and the benefit they can provide you. You don’t want a defense attorney who simply shuffles through cases and takes any plea bargain they are offered. Every case is different, and every defense should be handled differently; therefore, you need an attorney who will represent you adequately throughout the entire process.

Defending Your Side of the Story

A talented defense attorney such as Ashby Sorensen understands exactly how the prosecution is formulating their case, and as such, will proactively prepare to defend yours. The value of an experienced and knowledgeable defense attorney lies in knowing how to best portray your side of the story given the facts at hand. Many juries tend to favor the prosecution’s side of the story, whereas defense attorney Sorensen knows how to show the jury your side, gain their sympathy, and create balance in the scales of justice. A criminal case essentially comes down to who can tell the best story based on the facts and portray the most believable truth.  With this in mind, it is essential to retain an attorney who knows both the law and the system and can defend your legal rights aggressively.

A Counselor, Advisor and Coach

A good defense attorney will represent their client in court; however, a great defense attorney will be a representative, a counselor, an advisor and a coach – all in one. There are many stages to a criminal case and you want an attorney who you trust to be at your side throughout the entire process. The sign of a truly valuable defense attorney is one who assesses your case with you, advises you of your options, coaches you through the process in the most effective way and is a zealous counselor on your behalf in the courtroom when it is most needed. A criminal defense attorney’s job is to act as a safeguard between you and the court system. They are there to privately and confidently listen to anything you have to say and provide you with encouragement that they will aggressively defend your legal rights. Defense Attorney Sorensen has successfully fulfilled this role with many clients and is ready to do the same for you.

Contact an Experienced Defense Attorney in San Diego – Ashby C. Sorensen – Today

If you are facing criminal charges, your attorney and your defense are the only two things working in your favor. It is important to hire a Defense Attorney San Diego who has your best interest in mind and will work for the best outcome to your case. Help us help you protect your legal rights. Call (858) 999-6921 now for your free consultation and to start building your defense today. 

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Types of California Criminal Infractions Discussed by a San Diego Criminal Defense Attorney

If you have been arrested and charged with a crime, it is important to know the varying classifications of criminal offenses, and the possible penalties you could be facing. An experienced criminal defense lawyer, who is knowledgeable in this area of law, will be able to assess your situation and provide the best possible defense. California has certain laws pertaining to criminal matters that can greatly heighten or lessen the amount of penalty or jail time you may face. Without this knowledge, you may be unprepared against the state’s case against you if you decide to represent yourself or choose a less qualified attorney. Don’t take the chance or risk more jail time than necessary - hire a criminal defense attorney who will aggressively defend your rights.

What Constitutes a Felony Criminal Charge?

A felony is the most serious of the criminal charges and can result in the most severe consequences. All defendants are afforded the right to a jury trial and have the right to counsel. Types of felonious crimes can vary from violent crimes, drug crimes, white collar crimes to serious bodily injury. Felonies may result in probation with some jail time, or jail time ranging from more than one (1) year to a life sentence, or even death. Considering the weight of felony charges and the gravity of consequences that may result, it is highly recommended to retain a qualified and experienced criminal defense attorney. Don’t risk more jail time and hire an attorney who knows the system and can help you obtain the best possible outcome.

What Classifies as a Misdemeanor Criminal Charge?

A misdemeanor is the second tier in criminal offense charges and is punishable by up to one (1) year in jail and usually at least 3 years of probation. Punishments for misdemeanors can also include community service, a fine, probation, and various forms of restitution. Defendants charged with misdemeanor crimes are guaranteed the right to a jury trial given the increased severity of the charges.  Some offenses that constitute a misdemeanor may be elevated to a felony if the defendant is a second-time offender.

What Classifies as an Infraction in California?

Infractions, or violations are the prettiest of the criminal offenses and usually result in only monetary fines and no jail time. The most common type of infraction is usually traffic violations. Oftentime's an attorney is not required for typical infractions, however many individuals choose to hire one if they do not wish to attend traffic school or do not want further points on their license.

Contact an Experienced Criminal Defense Attorney in San Diego Today

Facing criminal charges can be an incredibly stressful time in anyone’s life, and our firm understands the urgency in building your defense. Let Criminal Defense Attorney San Diego, Ashby C. Sorensen ease your fears and aggressively fight to defend you and your legal rights. The state has already begun building their case against you. Call (858) 999-6921 now for your free consultation to start building your strongest defense possible.

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The Difference Between Petty Theft and Grand Theft – Answered by a San Diego Theft Lawyer

Many people are unaware of the scale of theft charges and the difference between petty theft and grand theft. These differences can be helpful when discerning which type of theft charge is applicable to the situation you are dealing with, what defenses may be applicable, and what consequences you may be facing. The main distinctions specifically pertain to the amount of property that has been allegedly stolen and the type of penalty associated with the crime. If you are facing charges of theft, it is important you are educated on the type of charge and you have armed yourself with an experienced attorney who will stand by your side and fight avidly for your defense.

What is Petty Theft in California

According to California Penal Code §§484 and 488, the main difference between petty theft and grand theft is that petty theft applies to a lesser amount of stolen property. If the amount of stolen property’s value is less than $950 total, the alleged perpetrator will be charged with petty theft. This charge is generally categorized as a misdemeanor, which is a lesser offense than a felony. Considering petty theft is categorized as a misdemeanor rather than a felony, it also carries less serious penalties than grand theft. For example, if convicted of petty theft a perpetrator could be facing probation, up to six 6 months in county jail, and/or a fine of up to $1,000. The California Penal Code also states that petty theft involves property that was not taken directly from the owner, such as from the person’s clothing, body, or a container held or carried by the person. This type of criteria is usually applicable during a mugging or robbery, which is a different classification of theft.

What is Felony Theft in California

On the greater scale of theft is felony theft as it involves stolen property greater than $950 in total value and could result in greater penalties or punishment. These charges are usually seen as Commercial Burglary, Vehicle Theft, Theft From Person, or Fraud. There are factors that can automatically result in a charge of felony theft as well, regardless of the value of the item(s) stolen. For instance, if the perpetrator used a gun or has stolen a vehicle, they will automatically be charged with a felony rather than petty theft. Most felony theft charges are unique in the sense that it can be prosecuted as either a misdemeanor or a felony. If charged as a misdemeanor, a perpetrator could be facing up to one (1) year in county jail, however if charged as a felony they could be facing probation and jail for up to one (1) year, or  16 months, two (2) years, or three (3) years in state prison.

Contact Experienced San Diego Theft Lawyer – Ashby C. Sorensen Today 

If you have been charged with a theft related crime, you need to act quickly and obtain the legal representation you can trust to safeguard your legal rights. The sooner you can work on your defense and retain an experienced San Diego Theft Lawyer, the more confident you can be when facing your charges. Call (858) 999-6921 now to schedule your free consultation or ask Attorney Ashby Sorensen any questions you may have about your charges.

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The Role of a San Diego Defense Lawyer – Discussed by Ashby Sorensen

A defense lawyer role is to simply defend those who have been accused of crimes. Their job is to protect your legal rights, especially if you are not guilty of the charges you are facing. The only thing standing between you and the legal system, is your defense lawyer; therefore, so much of your life’s quality and freedom lies in their hands. A valuable defense lawyer wears many hats and plays many significant roles when it comes to defending someone accused of a crime. Not only are they a lawyer or counselor, but they are also an advisory and a coach. Their job is to adequately assess all of the circumstances and facts of the matter, advise a defendant of his or her options, counsel them based on their opinions as to the most feasible and best outcome, and coach them through the grueling process of a trial, if necessary.

Protect Against Unwarranted Charges

Oftentimes, defendants may be facing unwarranted criminal charges and on the road to receiving punishments they do not deserve. A defense lawyer’s role is to combat unwarranted charges and effectively investigate as to what actually happened. Whether a police officer made a well-intentioned mistake, or there were outright fabrications in statements or obtaining warrants, a defense lawyer can unearth holes in the prosecution’s story. A defense attorney’s role is to force the prosecution to prove their side of the story is true in order to keep individuals from serving time or penalties they do not deserve.

Reduce “Over” Charges

Many people accused of crimes are faced with “over” charges, meaning the prosecution is seeking much higher penalties than are warranted for the facts of what was allegedly committed. Another role of a defense attorney is to reduce “over” charges and ensure the scales of justice are evenly and fairly balanced. For example, this can happen if the prosecution seeks a felony conviction rather than a more appropriately applicable misdemeanor classification.

Sentencing Statement by Defense Lawyer

After a verdict has been reached, the court will allow both the prosecuting attorney and the defense attorney to make a sentencing statement. The prosecution will most likely proffer statements that will heighten and intensify the aggravating elements of the case in the hopes of receiving the maximum sentence. The defense lawyer’s role is to combat these allegations and respond with defenses/counterarguments to reduce the requested sentence.  These statements are incredibly important to the outcome of your case and the ultimate status of your freedom.

Get Help From an Aggressive Defense Lawyer in San Diego – Ashby C. Sorensen Today

A defense lawyer has many important roles in defending an individual facing criminal charges. Through every step of the process, their job is to stand beside you and vigorously represent your legal rights. Defense Lawyer San Diego Ashby Sorensen has represented numerous clients and achieved ideal outcomes, and he is ready to defend your case too. Have confidence knowing you have a qualified defense lawyer fighting to protect your legal rights and ensuring your freedom. Call (858) 999-6921 now for your free consultation. 

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Ashby C. Sorensen is Experienced San Diego Drug Lawyer

Are you looking for a San Diego Drug Lawyer? Having successfully defended over many clients, The Law Office of Mr. Ashby C. Sorensen has one of the highest success rates for criminal defence lawyers in San Diego.

Being charged with a criminal offence can have life-altering consequences that can have an impact on your freedom, your reputation and your ability to earn a living. If you have been charged with a criminal offence, you need experienced legal representation fighting to protect your rights. An effective criminal defence can mean the difference between a prison sentence and a reduced or dismissed charge.

The Law Office of Mr. Ashby C. Sorensen understands that everything is at stake when a person is facing drug criminal charges. There can be no compromise in a defence or a drug lawyer when everything is on the line. That is why Ashby C. Sorensen strives to provide the best defence the law will afford for his clients. No matter how serious or minor the criminal charge may be, Mr. Ashby C. Sorensen will ensure you receive the best defence the law will afford.

Mr. Ashby C. Sorensen has over Many years of experience and expertise, day in and day out, defending people just like you. Mr. Ashby C. Sorensen has handled almost every type of Drug offence, from minor charges to more serious and complex charges. He has represented thousands of individuals from all walks of life.

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Experienced Criminal Defense Lawyer in San Diego

During legal troubles, Criminal Defense Lawyer San Diego can be your true friend in resolving felonies. Mr. Ashby C. Sorensen is a leading attorney who zealously defends his clients and has a successful record of dealing with legal cases. Whether you are charged with DUI, fraud or looking for bail hearings, he would escort and defend you in the wide range of legal matters. For him, no case is too tough to handle.

At Criminal Defense Attorney San Diego, we deeply analyze our client's cases and then, recommend a viable solution that always fits your pocket. Mr. Ashby C. Sorensen will personally look after the progress of your legal hearings and are available round the clock for a quick assistance, any time you need.

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Find the Best Criminal Defense Lawyer in San Diego

Criminal defence lawyer in San Diego, California. Ashby C. Sorensen is a criminal lawyer practicing in San Diego.He represents those facing criminal charges or requiring legal advice on criminal law related matters. Having an experienced criminal lawyer on your side is the best defence. It is the only way to help you achieve the best possible results when facing criminal charges.   

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Aggressive Representation from an Experienced Defense Attorney in San Diego

Facing criminal charges can be a long, rigorous and very stressful process. From beginning to end, there are confusions, frustrations, nuances and legal issues that can and will arise. Criminal charges should be taken very seriously, whether it is your first charge or you have been charged before.

California has unique laws and caveats that can make or break your case, and such, it is important to have a Defense Attorney in San Diego by your side each step along the way to ensure you are being fairly and properly represented. San Diego Defense Attorney Ashby Sorensen knows the criminal system inside and out, and as such, can best advise you on your options and the outcomes that will favor your needs. No one wants to be in this position, but if you have found yourself facing charges, now is the time to be proactive and take action to protect your legal rights.

How a Defense Attorney Can Help During Each Stage of Your Criminal Case

There are many stages and steps throughout the process of criminal charges and you will want to be sure you are properly advised and professionally guided throughout them all. As your San Diego Defense Attorney, Ashby Sorensen will gather and discuss your initial arrest reports or investigation with you during your free consultation in order to assess your matter.  We will diligently examine what allegedly happened and what did not happen so we can accurately get more information, as we know police reports may not always provide sufficient detail.

Our firm will go to work gathering relevant evidence, talking to witnesses and digging deeper into details that could help your case. It may be beneficial to hire a private investigator to help us prove or disprove all necessary facts in your case. Defense Attorney Sorensen will also tactfully and strategically evaluate all evidence and testimonies gathered throughout the process and compile the most strong and fair case to protect your legal rights. We know there are many sides to every story and not all arrest reports or allegations tell them all, so we want to hear from you and help you maintain your freedom and reputation.

Aggressive Defense Attorney Representation, at a Fair Price

We don’t believe in high prices that the average person cannot afford. Our firm strives to help any person needing a defense attorney in san diego get the representation they need at a price they can afford. Our free consultation shows that we gladly share our time to see how we can help you and assess what our firm can do for you.

Protect Your Legal Rights - Contact Seasoned San Diego Defense Attorney Ashby C. Sorensen

Do not take any risks hiring an attorney who may not be qualified or know criminal law inside and out. Your freedom and your rights are at stake and our firm is here to help protect them both. Help us help you protect your legal rights. Call (858) 999-6921 now for your free consultation.

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Criminal Defense Attorney San Diego

Whether you or a loved one are facing charges, or you need to bail someone out of jail, Criminal Defense Attorney Ashby Sorensen is here to help. Our firm will give you and your loved ones the peace of mind you need during these traumatizing times. When faced with criminal charges, the last thing you need is to worry about whether or not you will be getting a fair trial, whether your attorney genuinely has your best interests in mind, or questioning the amount of experience and knowledge they have to get you the best possible outcome.

Protect Your Legal Rights

Our law firm fully understands the stresses you are facing, and the freedoms you could be losing. We believe in a hands-on, proactive approach, and treating every client with the respect and attention they deserve. We don’t wait for offers to come our way or for the first court date to take action. From day one we are advocating and taking steps to defend your rights and freedom. Our goal is to educate you on your options throughout the process, to adequately advise you and aggressively represent you every step of the way.  We strive to get you back home to your family and living a normal life as soon as possible.

Finding Flaws in the Prosecution’s Case

San Diego Criminal Defense Attorney Ashby Sorensen’s job is to advocate on your behalf and essentially defend you as if he were in your shoes. This means looking through the police report line by line to ensure no detail is left overlooked or no mistake or flaw goes unnoticed. He will do whatever it takes to find every hole in the prosecution’s case against you and be sure the court is aware of it. His job is to ensure the prosecution’s case doesn’t hold up and the court hears an aggressive defense on your behalf. From start to finish, he will fight for you with that goal in mind.

Need a Second Criminal Defense Legal Opinion?

Perhaps you already have a criminal defense attorney san diego, but you are unsure if they are doing all they can for your case. You may be frustrated and unable to reach them and you want and need answers now. Our firm is happy to evaluate your case and advise you on whether or not your attorney is on the right track or you may have better options. Whether your case has been pending for awhile or you want reassurance that your attorney’s strategy is going to result in the best possible outcome for your charges, we are here to help. We have represented thousands of clients, gotten countless charges dropped and decreased punishments and sentencing. We look forward to doing the same for you and your matter.

Contact an Experienced Criminal Defense Attorney in San Diego - Ashby C. Sorensen - Today

Facing criminal charges can be traumatizing, and our firm knows the stresses you are facing. Let Criminal Defense Attorney Ashby Sorensen ease your fears and give you confidence that your matter is being handled by an experienced criminal defense attorney who knows the law and the system. Protect Your Legal Rights. Call (858) 999-6921 now for your free consultation.

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Why Both Guilty and Innocent People Need a Defense Lawyer in San Diego

Whether or not you are guilty or innocent, everyone who is facing criminal charges can benefit from hiring a qualified defense lawyer. Most innocent people think they can rely on the system and the court to hear their side and have the jury or judge believe them. Unfortunately, that is not always the case.  As such, you do not want to take the risk of being unprepared or unaware of how the system works, and end up losing your freedom as a result. On the other hand, if a person is guilty, they may also be unaware that a defense lawyer can help them battle their charges, help get a reduction, or even get their case dropped. An experienced defense lawyer san diego is more likely to know what constitutes a good “deal” or how to negotiate a lesser charge than the average person.

How a Defense Lawyer Combats the Prosecution

In a criminal case, the prosecutor is the attorney representing the state who is bringing these charges against you. When a police report is filed charging you with a crime, it is then given to the prosecutor’s office to decide whether or not to press charges against you. At this stage, an experienced defense attorney could discuss the charges with the prosecutor and state why this is not a legally sound case and should be thrown out of court. Also, if they police violated a person’s privacy while searching or questioning them, any evidence acquired may be inadmissible and not used if the case is taken to court.

If there is not enough evidence, then the case may never go to trial. And if there is evidence that is not very strong or convincing, it may not be worth the prosecutor’s time or expense to take the matter to trial. A Defense Lawyer’s job is to see to it that evidence that should be withheld is inadmissible and to weaken the strength of the case so it is ultimately dismissed. If the prosecutor decides to take the case to trial, the prosecution is in charge of representing the government and the charges against you, whereas your defense lawyer defends you, your freedom and your rights.

How a Defense Lawyer in San Diego Can Help Expunge Your Criminal Record

Not only are defense lawyers helpful before and during the criminal charges process, they can assist you after your trial and sentencing have concluded. Many people wish to have their criminal record “wiped” or expunged, but are not familiar with the process or how it works. An expungement allows for someone to petition the court to review their conviction in order to assess whether or not it qualifies for dismissal. A Defense Lawyer can help you work through that process and show you how to get certain guilty pleas withdrawn and clean up your record to help you get a job or restore your reputation.

Get Help From Aggressive San Diego Defense Lawyer Ashby C. Sorensen

Anyone faced with criminal charges can benefit from having a trusted legal advisor by their side. Every step of the way provides new opportunity for your case to get worse or to potentially get better. Rest assured knowing you have a qualified defense lawyer fighting to protect your legal rights from beginning to end. Call  (858) 999-6921 now for your free consultation. 

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San Diego Lawyer Explains the Difference Between Domestic Violence, Spousal Abuse & Domestic Battery

In California, the definition of domestic violence is stated under the Penal Code as “abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”  Although most incidents of abuse are through physical violence, they can also be defined as emotional, economical or psychological abuse as well.

Many allegations of domestic violence may arise from a number of different circumstances, not all of which are true or warrant a charge of spousal abuse or domestic battery.  However, if you are found guilty, the penalties involved may be very serious and involve prison time or a loss of custody if you have children.  As such, it is important that you know your rights if you have been charged with domestic violence so you are aware of your options and how to best protect yourself.

What is Spousal Abuse?

Although spousal abuse is different than domestic violence and is codified in another section of the Penal Code, the two usually arise from the same set of events. Spousal abuse is defined in the code as “the infliction of bodily injury resulting in a traumatic condition against a current or former spouse, cohabitant or fiancé.” Oftentimes, circumstances surrounding spousal abuse involve the presence of drugs, alcohol or other factors, which can fuel arguments and cause reactions to arguments that are normally unreasonable.  The crime of Spousal Abuse is a felony and can result in up to four years in prison if found guilty, and up to seven years for repeat offenses.

What is Domestic Battery?

Domestic Battery is defined as battery (willful use of force or violence against another) against a former spouse, current spouse or cohabitant. Although this definition sounds very similar to spousal abuse and domestic violence, the three are not mutually exclusive, can result in different penalties and require different defense approaches. Many defendants charged with domestic violence believe that because the allegations are false the jury or judge will believe their side and they will be proven innocent. This is not always the case, as the court is often sympathetic to alleged victims of abuse or battery.  Therefore, a lawyer’s strategic yet careful approach is incredibly important.

Protect Your Legal Rights - Contact Qualified San Diego Domestic Violence Lawyer Ashby C. Sorensen

If you have been charged with domestic violence, spousal abuse or domestic battery, you need a domestic violence lawyer san diego who you can trust. It is imperative to have a seasoned attorney who has the experience and knowledge your case needs to ensure your legal rights are protected. Call (858) 999-6921 now to schedule your free consultation or speak with attorney Ashby Sorensen today to learn more about your legal options.  

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San Diego Theft Lawyer Have Many Specialties

If you have been charged with a theft crime in San Diego, you probably have many questions and concerns regarding your case. Understandably, this can be a stressful and scary time considering the punishment you may be facing and how intricate theft law can be. It is important with these types of charges that you don't wait to take action in order to protect yourself and your legal rights.

Many people are not aware of the many types or levels of theft crimes that you can be charged with. Each come with varying elements and can result in varying punishments based on severity and circumstance. It is important that you educate yourself on the type of charge you are facing and also, hire a San Diego Theft Lawyer who is familiar with the penal code regarding these charges so they can fight vigorously for you at all stages of your case.

The following are types of theft you could be charged with, and brief qualifiers of each charge:

Shoplifting – entering a commercial establishment while it is open for business with the intent to steal items worth nine hundred fifty ($950) or less.
Robbery – Taking the personal property in the possession of another, from his or her possession with the use of force or fear.
Carjacking - felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence with intent to deprive of possession through force or fear.
Receiving Stolen Property – Knowingly buying, receiving, selling or concealing property that has been stolen from another person.
Petty Theft – Property valued at $950.00 or less, or property that is not taken from the person of another.
Grand Theft – Property valued at $950.00 or more, or property that was taken from the person of another, of an automobile or firearm.
Burglary – Entering the property of another with the intent to commit a felony.
Unlawful Taking or Driving of a Vehicle – driving or taking a vehicle without the consent of the owner with intent to deprive the owner of possession or ownership.
Identity Theft – Taking personal information and using it for an unlawful purpose.

If you are facing theft crime charges in California, a qualified San Diego Theft Lawyer with extensive knowledge of the relevant laws pertaining to your case, can be a huge asset to you. With deep knowledge of theft law comes the ability to provide a defense to your matter that can help you receive the best possible outcome for your case. Whether the result is dropping the charges completely, lessening the charges or decreasing possible punishment or jail time, your defense may be your only hope.

Contact Experienced San Diego Theft Lawyer – Ashby C. Sorensen Today

Being charged with a theft crime is nothing to take lightly. It is important that you arm yourself with an experienced san diego theft lawyer and protect your legal rights. Call (858) 999-6921 now to schedule your free consultation or ask Attorney Sorensen any questions you might have about your charges.

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How to Find & Hire a San Diego Criminal Defense Lawyer

Criminal Defense law encompasses a wide range of charges and includes many areas of the law. Whether you have been charged with petty theft or possession of marijuana, you need a San Diego Criminal Defense Lawyer you can trust. Along with a wide range of possible charges comes a broad spectrum of punishment levels. When it comes to criminal defense, your defense may be all you have so it is important to prepare yourself accordingly.

                                                                    

The prosecution will come down hard on your case and may not be merciful when it comes to your punishment. It is important to know the law and the elements of the charges you are facing.  It is equally critical to hire a qualified criminal defense lawyer who is knowledgeable about the laws and who is willing to stand beside you and aggressively fight for your rights. An experienced lawyer will have knowledge of the laws and experience with the criminal defense system to ensure your best defense is brought forward.

Vigorous Representation from a Criminal Defense Lawyer in San Diego

If you have been charged with a crime or are being investigated, the last thing you want is a passive lawyer who will take whatever “deal” or offer the prosecution is suggesting. Ashby Sorensen is a criminal defense lawyer in san diego that will aggressively fight for your rights and your freedom and work hard to keep you happy with the results. A great lawyer will conduct thorough analysis of the details of your case, compare them to their in-depth knowledge of the relevant laws pertaining to your charges, and provide the court with a strong defense that will help result in the best possible outcome for you. Attorney Sorensen is that type of lawyer and treats each case with the focus and effort that it is deserves. He understands that your freedom and quality of life are on the line and will judiciously fight for both on your behalf.

Types of Criminal Defense Charges Handled by San Diego Criminal Defense Lawyer

There are many kinds of criminal charges one could be facing, and San Diego Criminal Defense Lawyer Ashby Sorensen can handle them all. He has vast experience and success in many areas and would be happy to put that knowledge to work for your benefit. If you are facing any of the following charges, contact our firm today to see how we can help.

• Domestic Violence, Spousal Abuse or Domestic Battery
• Gang Related Activity or Enhancements
• Drug Crimes (possession, sale, distribution)
• Violent Crimes
• Theft Crimes (shoplifting, burglary, auto, petty, grand, robbery, carjacking)
• DUI, DWI or Driving on Suspended License

There are also areas of criminal defense that may not exactly be tied to charges, but seek to change or decrease your criminal record. Criminal Defense Lawyer Ashby Sorensen also handles expungement matters and will be able to assess whether you are eligible or whether expungement is a possible for you. He also handles resentencing cases, which allows for certain felonies to be reclassified as misdemeanors under California’s new Prop 47 that was recently passed in November of 2014.

Contact Experienced Criminal Defense Lawyer in San Diego - Ashby C. Sorensen - Today

Don’t let this time become more stressful or scary than it already is and call our law firm today. We will give you the confidence and peace of mind you need, knowing your case is being handled by a criminal defense lawyer you can trust. You have legal rights, and we are here to protect them. Call (858) 999-6921 now for your free consultation with Criminal Defense Lawyer Ashby Sorensen.

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