Self Defense

Self Defense

When prosecutors decide to file charges for serious accusations, such as assault or murder, they often do so despite having evidence that the person they are charging was using self-defense. It is very important for you to understand your right to use self-defense when you are charged with a violent crime.

South Bay criminal defense attorney Brian A. Newman is your best defense in court if you find yourself charged with a crime of violence. Mr. Newman has extensive experience defending persons charged with violent crimes from simple assault to first degree murder. Mr. Newman can be contacted directly

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Probation and Parole

A probation grant comes in lieu of a maximum sentence and is an informal or formal supervision of one who has been convicted of a crime. If the court decides to give the sentence of formal probation (as opposed to sentencing immediate jail-time), it will be imposed immediately after a felony conviction is handed down. Probation is essentially a chance for a person to avoid more severe punishment by being on good behavior and showing signs of rehabilitation. Any violation of probation will usually result in the imposition of a more harsh sentence.

A person sentenced to probation is assigned to a probation officer and subject to regular check-ins with his/her officer. He/she is also required to meet other various conditions associated with the probation.

Any grant of probation will require that a person on probation (probationer) avoids getting into any sort of trouble that would cause law enforcement to intervene. A probationer will violate his/her probation terms if he/she gets arrested or commits a new criminal law offense. A probationer may also be subject to other conditions which could include a variety of requirements (attending counseling, undergoing drug or alcohol treatment and testing, paying various fines or fees, submitting a DNA sample, paying any victims for their losses,  being searched without a warrant, serving time in a county jail, among others).

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Juvenile Law

There is no greater fear for a parent than the fear of something happening to one's child. The teenage years of a child's life can be particularly difficult for parents who are concerned about their children. It can come as a complete shock to you as a parent to be informed that your child has been arrested. While such information can give rise to a slew of emotions, it is important for you as a parent to continue to act rationally and represent your child's best interests.

The absolute most important thing you should do after learning that your child is facing criminal accusations is to immediately call an experienced Juvenile Law attorney.

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Domestic Violence

South Bay criminal law attorney Brian A. Newman is available to discuss an arrest or prosecution of you or someone close to you for domestic violence. Mr. Newman is a criminal law attorney with over 30 years experience handling domestic violence cases. Mr. Newman has a strong track record in Los Angeles Courts of obtaining not guilty verdicts and other outright dismissals in domestic violence cases. He can be contacted directly at (310) 316-6622.

LAW AND PROCEDURE IN DOMESTIC VIOLENCE CASES

In California, police are encouraged to develop their own procedure that encourages the arrest of domestic violence offenders and requires the arrest of one who violates a protective order. The police also are required to make reasonable efforts to seek out the dominant aggressor (not necessarily the first aggressor, but the person who is most significant).

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DUI/DWI

A DUI charge is made against one who is accused of driving under the influence of alcohol or drugs. If you are accused of DUI in California, you could face up to six months in prison for a first offense. If a test taken within three hours of your driving indicates a blood alcohol level of .08 or above, you are considered to be under the influence of alcohol. Determining whether or not one is under the influence of other drugs is more subjective. The arresting officer's opinion is the main factor in determining whether or not you are driving under the influence of drugs.

If you have already been convicted once, a second conviction within ten years of your first conviction carries a one-year maximum jail sentence. A third offense in ten years has a minimum 120 day jail sentence and a maximum one-year sentence. Any subsequent conviction after the third conviction within ten years can be considered a felony and could potentially carry a three-year state prison sentence.

While a DUI is commonly considered to be synonymous with "drunk driving," many people who are arrested with DUI would not typically be considered "drunk". It is very possible, depending on one's weight, for one to reach a blood alcohol level of .08 or above after only two drinks.

If you are arrested for DUI, you face additional consequences beyond your criminal case. You will also face suspension of your driver's license by the California Department of Motor Vehicles (DMV). If you are arrested for DUI, you have just ten days to request an administrative hearing to contest the suspension of your driver's license with the DMV.

The administrative hearing at the DMV has absolutely nothing to do with what happens at criminal court. You are allowed to have an attorney present at the DMV hearing and it is to your advantage to have an experienced DUI attorney by your side. A good attorney can raise a variety of different challenges at the hearing. Depending on the situation, an attorney might question the legality of the traffic stop, the lack of proof of you actually driving the car, whether the test was administered within three hours of driving, among many others. If your challenge to the suspension of your license is successful, you will completely retain your driving privileges.  

If the DMV suspends your license for a first DUI offense, the suspension will last four months. If you refused to give a blood or breath test, the suspension will last for a full year. However, if you did take a test and choose not to contest your suspension, you can negate the last three months of your suspension and instead, opt for a five month restriction on your license. A restricted license will typically enable you to drive to accomplish the necessary tasks in your life, such as driving to work.  In order to convert the last three months of your suspension to a five month restriction, you must enroll in a first offender program, pay a license re-issue fee, and show proof of insurance to the DMV. Unless you choose to contest the suspension and are successful, you will not be able to undo the suspension of your license for the first thirty days.

Other questions regarding DMV consequences can be answered by calling South Bay criminal defense attorney, Brian A. Newman directly at (310) 316-6622

DUI's will also usually be prosecuted in a criminal law court, in addition to the DMV consequences and potential jail time that you will have already faced. If you receive a first conviction, the minimum sentence is three years of summary probation, fines and fees of about $1500, and participation in a 90 day first-offender DUI program. The penalties for second and third convictions within ten years carry longer programs, heavier fines, longer license suspensions, and possible automobile seizure. Subsequent convictions can result in felony convictions and state prison sentences.

Good criminal lawyers will help you make the right choices about how to go defending a DUI. They will be able to represent you in your criminal case and at your administrative hearing with the DMV. 

Criminal law attorney Brian A. Newman has been successfully handling DUI cases for over 30 years. He will make sure that you get the best defense possible based on your individual situation.

People typically do not understand what an illegal traffic stop actually is. DMV actions and criminal cases are very often dismissed because search and seizure principles were violated. It is a mistake to assume that prosecutors will not prosecute DUI cases if police violate search and seizure principles. In fact, most district attorneys and city prosecutors will file criminal cases regardless of the legality of the search.

A good criminal attorney will be able to determine if there was an illegal arrest and get the case dismissed by uncovering the prosecution's flawed arguments. Hiring an attorney might also make it unnecessary for you to show up at a court appearance and potentially save you from missed work and an embarrassing situation in general.

Call us today at 310.316.6622 and talk with an experienced Torrance DUI-DWI defense lawyer that will fight for you!

Serving South Bay Cities:

 

South Bay Criminal Defense Legal Resource Links

Experienced criminal defense attorney in Torrance
Call Mr. Newman directly at (310) 316-6622

 

Misdemeanors

A misdemeanor is a criminal law case in which the maximum state prison sentence is one year (crimes punishable by more than one year in state prison are felonies). A misdemeanor is charged and prosecuted by either a district attorney or a city prosecutor.

If you are charged with a misdemeanor, you have the constitutional right to choose a criminal attorney to represent you at every point in the case both in and out of court. Most of the time when dealing with misdemeanors, if you hire and retain an attorney you won't even have to show up in court. The attorney can make all of the court appearances for you.

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Felonies

Because of the harsh sentences, being accused of a felony can have devastating and permanent consequences. However, many people that are arrested on felony charges can avoid state prison and in some cases, avoid jail-time altogether depending on how strong the evidence is, what is being charged, and the effectiveness of the defense attorney. It is vitally important for you to consult an experienced criminal attorney immediately after being accused of a felony. Do not grant an interview with police until you have talked to a criminal law attorney.

While misdemeanors only carry a maximum sentence of one-year in prison, if you are convicted of a felony, you are facing a punishment greater than one year in state prison. Felonies such as the receipt of stolen property, simple possession of drugs, or grand theft have maximum sentences of three years in prison. A variety of other felonies can have longer maximum sentences. For example, unarmed robbery has a maximum sentence of five years while simple kidnapping has an eight year maximum sentence. The punishment faced for certain types of murder can be the death penalty.

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White Collar Crimes

White collar crimes are typically crimes that occur in a business setting. They are non-violent crimes that include things such as embezzlement or identity theft. Because these are business crimes, these cases are all unique to the nature of the business and the relationships in a business setting. Moreover, if you are charged with a white-collar crime, you can expect the prosecution to take the case very seriously. It is of paramount importance for your lawyer to pay great attention to detail in these cases and to put together an aggressive and coherent defense. If you have any suspicion that you are being investigated for a white collar offense, you should contact a criminal law attorney immediately.

There is too much at stake in these crimes for you to take any chances with the attorney that you hire. People that are accused of these crimes often have completely clean criminal records. Convictions of white collar crimes can do permanent damage to your reputation and put everything that you value in your life at risk. Unfortunately, it is not uncommon for large companies to put immense pressure on prosecutors to file criminal charges in cases where there may very well have been a legitimate misunderstanding between parties. If you find yourself in this type of a situation, the accusations can be very damaging to you.

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Drug Crimes

The majority of drug crimes in California are felonies. If you are convicted of one of these crimes, it can have permanent devastating effects on your life. These crimes are often accompanied by state prison sentences of greater than one year; in fact, most of the crimes have potential sentences of three years or more. An aggressive defense is the key component in ensuring that you achieve the best outcome possible if you are facing drug charges.

 Even if you are facing a misdemeanor charge for something such as possession of marijuana for personal use or possession of paraphernalia, the effects can be severe. Misdemeanor drug charges can potentially cost you a professional license and get you fired from your job. If you are not a citizen, you could face deportation.

 In California, there are two categories of drug crimes: simple possession and aggravated possession. Simple possession often involves personal use. Aggravated possession on the other hand, involves things such as sales, distribution, re-sale, cultivation, transportation, and manufacturing.

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Homicide

Finding an attorney to represent you on a Homicide case can be a very frustrating task, especially when you face charges as serious as murder or homicide. Under these circumstances, it is critical for you to seek the assistance of an experienced and relentlessly aggressive criminal defense attorney to protect your interests and achieve a favorable outcome in the case.

Under California laws, criminal homicide is defined as the intentional killing of another person or unborn child. First-degree intentional homicide is an intentional homicide of another person or unborn child with an intent to kill that person or another person. Second-degree intentional homicide (previously known as manslaughter) is a lesser homicide charge due to mitigating circumstances. Felony murder is an intentional homicide committed during the commission of a felony