5 Ways An Orange County Theft Crime Defense Lawyer Can Lower Your Sentence

No one ever wants to be the recipient of a long prison term and having one hang over your head can be frustrating and mentally debilitating. There are a variety of different methods that an Orange County theft crime defense lawyer can use to try to lower your sentence and you can read on to learn more.

1. Plea Bargain

This is one of the most common ways for an Orange County theft crime defense lawyer to lower your sentence. In many instances, the prosecution will offer a lesser sentence in exchange for a guilty plea before the trial begins. This allows them to save valuable time and effort by not having to take you to trial, while giving the defendant the chance to accept a sentence that they may not have had access to normally.

2. Negotiate With Judge And Prosecution

A judge is not beholden to the state’s sentencing guidelines. They are able to take all of the unique facts of your particular case under consideration and potentially recommend a lower sentence than the law suggests. Having an Orange County theft crime defense lawyer who is able to persuade the judge to look favorably upon your case is a big reason why you hire them in the first place.

3. Get Charges Reduced

The judge assigned to your case can also have your charges reduced if they see fit. Many felonies and misdemeanor can be charged with the same level of severity as long as it is considered a “wobbler”. “Wobblers” are cases where the prosecutor and judge have the ability to decide which level you are charged at. With an experienced Orange County theft crime defense lawyer by your side, it gives you an increased chance of successfully convincing the judge and prosecution to charge you on the lower end of the spectrum.

4. Find Holes In Case

Often, there are massive holes in the prosecution’s case that you are unaware of, due to lack of legal expertise. Instead of sitting idly by, waiting for the other shoe to drop, your Orange County theft crimes defense lawyer is able to unravel any loose threads in the prosecution’s case and uncover any instances where the proper protocol was not followed during your arrest.

5. Display Your Positive Attributes

Judges’ opinions can be swayed when evidence of your true nature is presented to them. A person who has maintained a quality job, takes care of their family and has been an upstanding citizen stands a far greater chance of seeing a reduced sentence than a career criminal with no tangible connection to their community. It is up to you and your lawyer to display these positive attributes to the judge and show them what a loss your incarceration would be to the people around you.

Is A Personal Injury The Right Choice For My Wrongful Death Suit?

The person who has to file a wrongful death suit is suffering from a host of issues including, emotional, family, spiritual and economic issues. Often these issues are concurrent and conflicting. The answer to the question above, in short, is yes. But there are several things a person should know before hiring any kind of an attorney.

First, you should know the function of a Personal Injury Lawyer. The Personal Injury Lawyer provides legal representation for those with claims of injury, including mental and physical, due to the negligence of others. Those others may be individuals, government agencies, corporations or other entities that have caused damage due to negligence.

The second fact to know is that personal injury and wrongful death are such broad topics that often Personal Injury Lawyers specialize in different types of suits, such as medical malpractice, accidental injury, work injuries, defective products and many more area. In general, this area of law is known as tort law, which includes civil wrongs to an individual’s person, property, reputation or rights. Tort law includes the recovery of damages which include actual damages but also punitive damages.

The key to hiring a Personal Injury Lawyer for a wrongful death suit is whether there has been negligence in your situation. Negligence has a specific, legal definition, so the Personal Injury Lawyer can provide guidance regarding the specific requirements, documentation and other factors that establish negligence. Due to the negative connotation of the word “negligence”, care must be taken to ensure this topic is addressed in specific detail.

As one approaches their wrongful death suit, the most practical subject needing consideration is that of what fees the Personal Injury Lawyer will charge. The potential client must perform reasonable due diligence because rate structure is an individual choice made by individual attorneys and law firms. Some use contingency fees; others use a percentage of recovery. The potential legal client must address their own ability to afford the representation they desire.

At the critical time of recovering from a wrongful death, knowing what Personal Injury is; considering the specific area of Personal Injury; establishing negligence and answering the fiscal questions are essential topics. The individual must take the time to address them adequately in order to lay the foundation for the desired outcome.

When everything is properly evaluated, hiring a Personal Injury Lawyer is the best choice for a wrongful death suit. Attorneys who practice other areas of law can provide acceptable legal representation, but only those involved in the Personal Injury field can provide excellent representation.

Can An Orange County Criminal Attorney Reduce Felony Charges?

Felony charges tend to be quite serious in nature. A person who finds them accused of a felony should be calling an Orange County criminal attorney as soon as possible. While there is no guarantee that hiring a criminal attorney will lead to reduced charges, it is your best chance of persuading a judge to see your side of things. Unfortunately, the question of whether an Orange County criminal attorney can reduce a felony charge does not come with a simple yes or no answer. There are certain charges that are unable to be reduced, no matter how good your attorney is. Obviously, murder and armed robbery come to mind here. However, for clients who have been charged with crimes that the legal system determines to be “wobblers”, there is a chance of getting these charges reduced. There are crimes on the books that can be charged both ways, at the discretion of the legal system responsible for your arrest. Clients who have already been sentenced to serve time in a federal prison are not eligible to have their charges reduced under any circumstances. Once a person has served a state prison sentence, then these crimes are always charged as a felony, with no exceptions. This is important advice to bear in mind before you expect an Orange County criminal attorney to work a miracle. For those who are eligible, an Orange County criminal attorney often tries to work a reduction into any plea agreement that is made. If you are offered a plea bargain in your case, the conditions are simple: you will plead guilty to a lesser crime and in exchange, the charges against you are reduced from a felony to a misdemeanor. This is not a right, however. The court is able to decide at their own discretion whether or not you qualify for any sort of leniency. Clients who have already been on probation for their charges are actually at an advantage. If a court sees that you have performed well while on probation, this works in a client’s favor. It is recommended for a client to have an Orange County criminal attorney file their motion to have a charge reduced and write it on their behalf. By allowing their attorney to handle this part of the case, this increases the chances of it being filed successfully. Filing this motion is often the difference between having your charges reduced and being forced to face the felony charge in trial. It is no exaggeration to say that this motion may be the most important thing you’ve ever done in your life. For that reason, it is strongly recommended that you retain an Orange County criminal attorney to help you through the process.

Violent Crimes Lawyers And Sentencing In Orange County

I recently overheard a conversation in an Orange County café regarding the sentencing of a convict and the role of the Orange County violent crimes lawyer in the sentencing. Specifically, the speaker was of the impression the principle Orange County violent crimes lawyer should not only be part of the sentencing, but have the ultimate authority for determining the length of the sentence in some cases.

Naturally, my initial reaction was to reject the premise and dismiss the speaker as a tough talking blow hard. Imagine my surprise when I recognized the speaker as the most decent, thoughtful and well respected Orange County violent crimes lawyer in recent memory.

Knowing this individual personally and knowing he rarely, if ever, would shoot from the hip, I was compelled to examine my stance on the question of whether an Orange County violent crimes lawyer should be able to determine the sentence for a convicted criminal.

Following several hours of internal discussion and several more cups of too strong coffee, I arrived at the very spot this reexamination began. That is, there is no logical or legal reason to allow any Orange County violent crimes lawyer to be involved in sentencing beyond what already takes place. Period!

I have no axe to grind with the fine men and women of the Orange County prosecutor’s office. I simply feel strongly that sentencing belongs in the hands of the presiding judge. Allowing the prosecutor to determine the sentence would be akin to allowing the OR nurse to perform open heart surgery. They could probably do it as well as the surgeon, but what happens if/when it goes horribly wrong?

The case for allowing the violent crimes lawyer to determine a sentence is a very thin one at best. It could be argued the prosecutor has access to the convict the judge simply does not or cannot have. Maybe the prosecutor has seen into the soul of the criminal and has a good feel knowing if the maximum sentence or leniency is appropriate.

The case against the idea of a prosecutor determining a sentence is much more robust and asks as many questions as it answers. At the very heart of the case against is the word no one in the prosecutor’s office wants to hear. Corruption! I don’t know if it is the robe, the gavel, the bench or some combination of the three but a judge is far more insulated from the world of back room deals and favors for a friend than a junior prosecutor. That’s not to say judges are immune to corruption, it is just far less likely.

There are numerous other issues that lead me to believe that prosecutors shouldn’t be involved in sentencing, not the least of which is consistency among the ranks and blind ambition. I vote we let quarterbacks do the quarterbacking, captains do the captaining and judges do the judging……and sentencing.

Will DUI Attorneys Be Able To Remove A Felony Charge?

First of all, it may be useful to know that to remove a felony charge is to expunge a felony charge.. DUI attorneys may well be able to have this done for you. Of course, the laws and how to of the process will vary by state and or jurisdiction, and in some states it may not be an option at all. Your DUI attorneys will take into consideration your prior record, time clean and without incident since charges, etc. in order to determine if you would be a good candidate and how best to present the petition.

The short answer is yes, it can be done. But many factors will play into it, in addition to your prior record, there may be requirements that you would need to fulfill before the charge is expunged and your DUI attorneys would go over those possibilities with you. In some states a felony DUI charge can not be expunged or removed. In others there are time requirements between the time of charge and time of request.

Every attorney is different and that as well is something to consider. Again, the question of can the charge be expunged and will your DUI attorneys do this for you may differ. It is also important to understand the definition of removed or expunged in this circumstance. To expunge the charge is to make it invisible on background checks and it will not hurt you in your search of housing, jobs or credit. However it is not completely and totally removed or erased. Having your charge expunged means that law enforcement and court officials will still be able to see it and use it if it becomes necessary, as part of your record. Your DUI attorneys can not eliminate that aspect for you.

Whether or not it is a possibility depends in large part on where it occurred or where you live. It does however, also depend a great deal on you and your specific circumstances and how your attorney chooses to handle your case. Whether you’ve stayed out of trouble, the reasons for the request, how long it’s been since your charge, as well as the specifics of the charge will all play a role in whether it will be done. But it can be done.

Getting a felony expunged is of course more difficult than a lesser charge but not impossible. A good attorney or team of DUI attorneys will be able to go over all of the options and requirements per state and yes a felony charge can be removed. It will cease to stop you from obtaining suitable housing, suitable and desirable employment and the credit necessary to move on with your life.