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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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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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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