Drug crimes and drug offenses are a major portion of the crimes committed in the Southern California and Greater Los Angeles area. Drug offenders are also the majority of inmates in California jails and prisons. There is no question that drugs are a major problem in today's society and only growing and its top on the list for politicians and government agencies to aggressively crack down on.
Whether charged with possession, harvesting, trafficking or transportation, the penalties for drug offenses are very costly. There are many your options and alternatives in fighting and defending a drug charge. It is important that you have a lawyer familiar with not only the local Los Angeles courts, but with the nature of the narcotics and the charges.
Attorney Jose Medina has been representing clients in criminal matters for over 30 years in Los Angeles County, Orange County, Riverside County, San Bernardino County, Fresno County, Arizona and New York. Attorney Jose Medina is familiar with the development of drug laws and the changes in policy and practice.
In California, a driving under the influence case typically consists of two separate charges: driving with a blood alcohol concentration (BAC) of .08% or above, and driving while under the influence of alcohol and/or drugs. This means that it is possible to be charged with driving under the influence even if your blood alcohol concentration was not tested or if your BAC was below the legal limit. If you are under 21, you cannot drive with a blood alcohol concentration of .01% or higher.
If you are convicted of driving under the influence (DUI) in California, you will likely lose your license and face criminal penalties including fines, jail time, community service and alcohol counseling.
If you’ve been arrested or charged with DUI you should speak with a knowledgeable DUI defense attorney immediately. Law Offices of Jose Medina can provide you will affordable, reliable legal counsel. The Law Offices of Jose Medina has successfully handled a vast array of DUI cases for clients in Los Angeles, Orange, Riverside and San Bernardino Counties. At the Law Offices of Jose Medina, each client’s case is considered a priority. Criminal Defense Lawyer, Jose Medina, aims to provide each of her clients with upstanding legal advice and dependable resources.
Accused of Domestic Violence?
Domestic violence is any act of aggression which results in some harm to a wife, husband, children, or any other individual residing in the home. Domestic violence can and does occur in any family. Although some families may appear to be normal, there are often unseen domestic issues leading to accusations of domestic violence. Acts of domestic violence are taken very seriously by the police, and the courts. The punishments are harsh and could result in jail time, fines, special programs, and removal of children. Whether you are the victim of domestic violence or possibly falsely accused, you would be prudent to contact an attorney with 30 years of experience handling domestic violence cases.
Whether you find yourself a victim of domestic violence or defending yourself against a charge, we have effective and concerned attorneys who can assist you with the proper strategy to handle your situation. Attorney Jose Medina has years of experience handling domestic violence issues and will be able to take whatever steps are needed to resolve your situation. The Law Offices of Jose Medina has successfully handled Domestic Violence cases for clients in Los Angeles, Orange, Riverside and San Bernardino Counties. At the Law Offices of Jose Medina, each client’s case is considered a priority. Criminal Defense Lawyer, Jose Medina, aims to provide each of her clients with upstanding legal advice and dependable resources.
A juvenile crime is a criminal act committed by a person who is under the age of 18. Even though juveniles are minors, they are still subject to harsh legal consequences if they are convicted of a crime. In some cases, a juvenile may even be charged as an adult. This is likely to occur if the juvenile is closer to the age of 18, or if the juvenile committed a serious crime, such as homicide. Commonly committed juvenile crimes include:
- Petty theft
- Grand theft auto
- Underage drinking
- DUI (driving under the influence)
- Drug crimes>
Once a juvenile is charged with a criminal offense, it is in his/her best interest to meet with a skilled criminal defense attorney who has successfully represented minors in the past. Juveniles and their parents need to be informed of their rights and options before entering into a court room. All too often, people make the mistake of assuming juvenile crimes are not serious. However, the legal penalties associated with juvenile crime convictions can adversely impact the young person’s present and future quality of life.
Juvenile Crimes & Legal Penalties
When a juvenile is charged with a crime, the court’s focus remains upon rehabilitation instead of punishment. If a juvenile is convicted of a crime, his/her legal consequences will depend upon several factors. The court will carefully review the juvenile’s prior criminal history and take into consideration the type of crime the juvenile committed before sentencing. Convicted juvenile offenders may be sentenced with out-of-home residential placement, house arrest, probation, monetary fines, community service, and court ordered counseling.
If you have been charged with a juvenile crime, or if you are a parent whose child has been charged with a juvenile offense, you will need reliable, aggressive legal representation from a skilled criminal defense attorney. The Law Offices of Jose Medina has successfully handled a vast array of juvenile crime cases for clients in Los Angeles, Orange, Riverside and San Bernardino Counties. At the Law Offices of Jose Medina, each client’s case is considered a priority. Criminal Defense Lawyer, Jose Medina, aims to provide each of her clients with upstanding legal advice and dependable resources.
Firearm and Gun Offenses
When committing a crime, possessing a gun or any weapon can increase the severity of the penalties you face. Apart from committing a crime, though, you may be arrested for having a firearm if it is found on your person, even in non-criminal circumstances. Given the complexity of gun laws in California, it is important to have a skilled legal professional on your side.
Common Gun and Firearm Offenses
If someone commits a crime of any kind while using a weapon, the punishment for the crime becomes much more severe. Even if the weapon is found in that person's possession and was not used to commit the crime, the penalties still become more severe. There are also some instances where people are arrested for possession of a gun, even if that person is the rightful licensed owner and did not intend to commit a crime.
After a Gun Offense Charge
After a gun or firearm charge, it is in your best interests to contact Jose Medina, a criminal defense attorney. Examining the available evidence in your case, Attorney Jose Medina will help you get a fair trial in court, as you are guaranteed by the United States Constitution. If a weapon was falsely planted on you by someone else, he will ensure that this fact is known and will fight on your behalf. If you were not acting criminally in any fashion and were discovered with a gun or firearm after a search, Attorney Jose Medina will analyze the Constitutionality of the arresting officer's search.
Early Termination of Probation
Under Section 1203.3 of the California Penal Code, a person on probation may petition for an early termination of probation if he or she can show sufficient cause. Upon filing a successful motion to terminate probation, you will be eligible to begin the expungement process to have your juvenile or adult record cleared of any state misdemeanor or felony conviction.
Typically, the court will expect you to have served at least 12 to 18 months of your probation in an exemplary manner before considering your case. The judge may expect a longer probationary period for felony convictions. To end your probation early, you will have to prove that you are not a risk to the public and have met the terms of your probation in an exemplary manner. This includes paying all fines, attending all required classes and honoring all restitution requirements that may have been part of your original sentence.
Contact the Law Offices of Jose Medina to assist you in petitioning for an early termination of probation. Attorney Jose Medina provides aggressive representation to help people end their probation.
Probation Violations and Parole Violations
Probation and parole violations are serious offenses that often result in harsh penalties such as community service, heavy fines, extended jail time, and more. The consequences associated with a parole or probation violation usually depends on a number of factors, including prior convictions and/or parole violations.
It is important to note that probation violations are typically tried under a "preponderance of the evidence" standard, where the prosecutor must show only that it is more likely than not that the probationer violated the terms of his probation. There have been many cases where a person's probation was violated for engaging in new criminal activity, despite the fact that he was acquitted of the new charge, or was in fact never charged with a new offense.
If you are convicted on charges of violation of probation or parole, you may face the following consequences:
- Revocation of probation
- Imprisonment or jail time
- Hefty fines
- Community service
- Rehabilitation program
Building a strong defense is crucial for having the charges against you dismissed or having your penalties minimized. At Law Offices of Jose Medina, we can build a solid case in your defense based on insufficient evidence, your actual innocence, or other relevant circumstances. Contact Attorney Jose Medina if you’ve been charged with a Probation Violation or Parole Violation.
If you are facing an allegation of violating California penal code section 288(a) 288(b) or 288.5, for child molestation or child annoying in violation of penal code section 647.6, call our office immediately.
Your ability to get a successful outcome is jeopardized if you simply do nothing. We have the experience to help you now. Call our office and we can answer any question you may have relating to any accusation of a sex crime. Call us at (562) 637-3240.
Being falsely accused of a felony sex crime carries harsh consequences if convicted. Penalties include a lengthy state prison commitment up to life in state prison. In addition, these offenses require a life time of registration as a sex offender. Do you really need the headaches of people protesting in front of your house wherever you live? Our winning track record shows that we provide effective legal representation against these Penal Code 288 and Penal Code 647.6 allegations.
Know Your Rights
California Penal Code section 288 (a), is punishable up to eight years in state prison for each felony count for lewd or lascivious acts with a minor who is under the age of 14 years of age. Each sex act is a separate felony charge. Therefore, a person could be charged with numerous felony counts for conduct occurring on the same day.
If the allegation against a family member, it is often alleged that this has occurred over a period of time. It is not uncommon that prosecutors file 15 to 20 felony counts for conduct arising out of only a few alleged incidents. Bail is generally set at $100,000. per alleged felony count of Penal Code 288 (a) according to the standard bail schedule. An allegation of violating Penal Code section 288.7 carries a presumptive bail of $250,000. Any allegation of sexual penetration carries a presumptive bail of $100,000. A defendant facing multiple counts could easily be required to post bail in the amount of $1,000,000.00 or more.
Whenever, a client is accused of participating in three or more acts of child molestation with the same child over a period of time not less than three months, that client is now exposed to greater punishment. Pursuant to California Penal Code section 288.5, the accused is now facing incarceration in state prison up to 16 years for each alleged violation of penal code section 288.5.
Certain Sex Charges carry punishment of life imprisonment.
The client is looking at 25 years to life under Penal Code Section 667.61 subdivision (a), if the client has a prior conviction for a violation of penal code section 264.1, 288(b), 289(a) or 288(a) unless the defendant qualifies for probation under subdivision (c) of Section 1203.066.
In addition under California Penal Code section 288.7, any person 18 years of age or older who engages in sexual intercourse or sodomy with a child who is 10 years of age or younger is guilty of a felony and shall be punished by imprisonment in the state prison for a term of 25 years to life.
Also under California Penal Code section 288.7, any person 18 years of age or older who engages in oral copulation or sexual penetration, as defined in Section 289, with a child who is 10 years of age or younger is guilty of a felony and shall be punished by imprisonment in the state prison for a term of 15 years to life.
The client is looking at 25 to life is two or more circumstances involving items listed under subdivision (e).
The client is looking at 15 years to life pursuant to Penal Code section 667.61 subdivision (e) if any one of the following are present (1) Kidnapping was involved, (2) It occurred during the commission of a burglary (3) great bodily injury was inflicted, (4) personal use of a dangerous or deadly weapon or firearm, (5) There are multiple victims (6) Engaging in tying or binding of the victim or another person, (7) A controlled substance was administered by force, violence or fear.
Offenses that require mandatory registration as a sex offender
Under California Penal Code section 290, life time registration as a sex offender is required for the following: child molestation, rape, sodomy, lewd or lascivious acts, oral copulation, sexual battery, indecent exposure, annoying or molesting child under 18. Those convicted are required to register with the chief of police of the city he or she is residing on an annual basis. Any person convicted of a felony or juvenile adjudication who willfully fails to register is guilty of a felony and shall serve punishment by imprisonment in the state prison for 16 months, or two or three years. However, because the underlying prior felony sex offense is often a “strike’ this punishment is often enhanced to either double the base term or 25 years to life if the person has two or more prior strikes.
Many sex offenses are strikes
Under the three strikes law passed in California, many felony sex offenses are listed as strikes and carry severe consequences.
If you have been charged with a sex crime, you will need reliable, aggressive legal representation from a skilled criminal defense attorney. The Law Offices of Jose Medina has successfully handled a vast array of juvenile crime cases for clients in Los Angeles, Orange, Riverside and San Bernardino Counties. At the Law Offices of Jose Medina, each client’s case is considered a priority. Criminal Defense Lawyer, Jose Medina, aims to provide each of her clients with upstanding legal advice and dependable resources.
When you are arrested for DUI the police officer will confiscate your license and is authorized by the law to issue you a temporary license that is good for only 30 days along with the notice of impending suspension. Once this occurs you only have ten days to contact the DMV to schedule a hearing in order to attempt to keep your license from being revoked. If you fail to schedule this hearing, your suspension will become effective automatically after the 30 days are up.
Although you can choose to have your DMV Hearing over the phone, we recommend you schedule it in person, with your attorney present. The hearing will be held at a local DMV Driver's Safety Office, where a Hearing officer will act as a judge. Because the police officer that arrested you is required to be present, this allows your attorney to cross examine the officer to determine if any procedural steps were not done correctly, opening the door to a possible defense for you to not lose your license. Other witnesses can be brought it to the Hearing as well.
Issues to be discussed will include whether you were lawfully arrested and if your blood alcohol content was over the legal limit of .08%. Our strategy will be to challenge the procedures in order to attempt to overturn your license suspension.
Commercial drivers must especially beware when charged with a DUI. A DUI conviction can result in the loss of the commercial license for one year. A second major violation can cause a loss of commercial license for life.
The Law Offices of Jose Medina has successfully handled DMV Hearing for clients in Los Angeles, Orange, Riverside and San Bernardino Counties. At the Law Offices of Jose Medina, each client’s case is considered a priority. Criminal Defense Lawyer, Jose Medina, aims to provide each of her clients with upstanding legal advice and dependable resources.
CRIMES OF VIOLENCE
A violent crime is a criminal act involving physical and/or verbal force. When a violent crime is committed, the offender uses violence against the victim as a means to an end. During the commission of a violent crime, an offender may or may not use a weapon. If an offender is charged with a violent crime involving the use of a weapon, he/she may be subject to enhanced criminal charges and sentencing if convicted. Any person who is convicted of a violent crime may be punished with imprisonment, fines, parole, probation, and community service.
Murder is defined as having the intent to unlawfully kill another human being with malice aforethought. This is the most serious crime a person can be charged with, with the harshest penalties if convicted. A conviction for murder can result in a lifetime sentence in a penitentiary or even the death penalty. If you or someone you know has been accused or charged with murder it is extremely important that you obtain a highly qualified attorney. Attorney Jose Medina is highly experienced in all forms of Homicide cases and has the ability to defend your rights in both state and federal court.
Types of Murder Charges
A homicide is an act, whether intentional or unintentional, that results in the death of a human being. There are many forms of homicide, which follow:
1st Degree Murder: A homicide that is committed intentionally with premeditation or malice aforethought.
2nd Degree Murder: A homicide that is committed intentionally, but is not premeditated or planned. It is not committed in a reasonable "heat of passion"
Voluntary Manslaughter: The intentional killing of a human being with no prior intent to kill, typically in the "heat of passion, as seen in domestic violence cases.
Involuntary Manslaughter: The unintentional killing of a human being, usually due to negligence or recklessness.
Vehicular Manslaughter: A death that is due to reckless driving or DUI and that is unintentional.
Depending on your charge, the consequences for any conviction can be quite severe. Our top legal service team which we will put together to defend your case will review police reports, evidence, and conduct its own investigation in order to properly defend you. Our dedicated attorneys are very thorough and will assess your case and build an aggressive defense strategy specially designed on your behalf.
Theft crimes are considered to have occurred when an individual steals or takes something from another without their consent. Theft being a serious charge, it requires a skilled and knowledgeable Attorney to handle the situation for you. At the Law Offices of Jose Medina, we are able to provide you with aggressive and thorough representation for any robbery, shoplifting, embezzlement or other theft crime.
Attorney Jose Medina has a successfully track record in defending the legal rights of individuals suspected of committing theft crimes in the greater Los Angeles County, Orange County, Riverside County and San Bernardino County. We have effectively handled a variety of theft crime cases, ranging from misdemeanors to felonies. Attorney Jose Medina understands the adverse consequences people face when they are convicted of a theft crime and will do our utmost to get you through this procedure quickly.
Aggressive Defense of All Theft Related Offenses
There are numerous types of theft crimes that an individual can be charged with. Theft can be as simple as taking something out of someone's vehicle, but can include force if someone is accosted and robbed on the street. Or, if a theft is committed at gunpoint, this would be considered a more serious crime, but also charged as a theft crime, with other possible related charges. A theft crime could also occur If someone is a victim of fraud, either through the internet or through a fraudulent investment of some sort. Below are listed some of the most common:
- Petty theft
- Identity theft
- Credit card fraud
- Bad checks
- Armed Robbery
- Juvenile theft crimes
- Insider trading
- Grand theft
- Grand theft auto
- Internet theft crimes
There are two categories of theft crimes grand theft and petty theft. Grand theft involves more severe legal consequences. Punishments for theft convictions may involve jail time, restitution (repayment of stolen property's value), fines, probation, and court ordered treatment.
Regardless of what type of theft charges you are facing, it is vital to speak with one of our dedicated criminal defense lawyer. Attorney Jose Medina has 30 years of experience defending individuals that have been charged with theft crimes. The Law Offices of Jose Medina has successfully handled a vast array of juvenile crime cases for clients in Los Angeles, Orange, Riverside and San Bernardino Counties. At the Law Offices of Jose Medina, each client’s case is considered a priority. Criminal Defense Lawyer, Jose Medina, aims to provide each of her clients with upstanding legal advice and dependable resources.