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Brian E. Watkins has extensive trial experience in both criminal and civil matters. He tried the biggest civil rights case in San Diego County! Call Today! 619.255.5930

 

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Criminal Law San Diego

Early Termination of Probation

A judge may end a defendant’s term of probation before its scheduled time in certain circumstances. The applicable statute states:

The court shall have the ability at any time during the term of probation to revoke, change, or alter its order. The judge may at any time terminate the period of probation, and discharge the person that is  held.

Early termination of probation | san diego criminal defense attorney

(Penal Code §1203.3, subdivision (a).)

It is well-known that although the prosecuting attorney must be given a two-day written notice and a chance to be heard regarding a defendant’s motion for early termination of probation (Penal Code §1203.3, subdivision (b)), the choice to end defendant’s probation early is a matter “for the exclusive exercise of judicial energy.” (People v. Allen (1975) 46 Cal. App. 3d 583.) That's, the prosecutor has no “veto power” regarding a defendant’s request that his probation be terminated before the full term features expired. (Id.)

For DUI cases, as soon as probation is terminated, there isn't any more Zero Tolerance as it relates to driving with any measurable amount of alcohol or drugs in your system.

Expungements

What's an expungement? An expungement is a method for you to get your record sealed for most practical purposes and therefore, give you a greater possibility to get employment and advance within your selected career. 

After an expungement is granted, if the file is exposed one would see it, but inside the file it would show that you pled not guilty and the charges against you had been dismissed. Additionally, if you get an expungement, govt. agencies will still have knowledge of the criminal activity, but private businesses will not. 

Expungements | San Diego Criminal Defense Attorney

If you had a DUI case and the results had been expunged and you get another DUI for example, the prosecution would know about the prior offense and could use the previous conviction against you. Furthermore, if given an expungement, future companies may not find out about the expungement, investigate it or hold it against you. If they do they would be subjecting themselves to criminal prosecution.

Embezzlement

Embezzlement is a offense that criminal prosecutors take very seriously. The perception that an executive or any other employee betrayed the trust of his or her company so that they can line his or her pockets is galling, and juries are usually unforgiving in these cases.

Brian Watkin's criminal defense attorneys have aided numerous clients like you who have actually been accused of embezzlement. These cases are usually rather complex, involving hard, complicated financial questions and hard-to-decipher papers and ledgers.

We know just what to expect in embezzlement cases and other white collar crimes. We’re equipped to provide you with a spirited, competent legal protection.

The Details of Embezzlement

Embezzlement is a type of fraudulence that revolves around a betrayal of financial trust by one or more parties to a transaction or series of deals.

Commerce generally relies upon one party to a deal placing trust in another party’s honesty. A customer has to trust that the person he’s investing will make use of the cash in the agreed-upon way, and a business has to trust that employees who handle the firm’s finances are directing the cash appropriately.

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The classic example of embezzlement is a high-ranking executive funneling company funds into his very own bank account. However, these cases are often much more complex than that, and if you are accused of embezzlement, finding the right criminal protection legislation firm to represent you will be important if you're to show your innocence.

How We Can Help

No attorney can guarantee you an acquittal or a positive plea deal. There are no guarantees in the law, and if a lawyer attempts to guarantee you a certain outcome, you should discover another lawyer.

Still, finding the right criminal defense law company means a lot. We can utilize our years of knowledge to help you by:

  • Negotiating with your company to find an out-of-court solution
  • Examining the relevant economic data
  • Finding flaws in the prosecution’s case
  • Investigating the details of the case
  • Negotiating with prosecutors to achieve a plea deal

Probation Violations

Probation violations are offenses that happen when you break the terms or conditions of your probation. The consequences associated with probation violation generally rely on a variety of factors, such as the nature and seriousness of the violation, whether you have any previous violations, and whether there are various other circumstances that may lessen (or worsen) the extent of the situation. A probation violation may end up in significant penalties, such as hefty fines, extended probation, jail time, or more.

Probation Violations | San Diego Criminal Defense Attorney

 

How Probation Is Violated

Probation violation laws vary among the states and are influenced by federal and state law. Generally, a probation violation happens when you ignore, avoid, refuse, or otherwise break the terms or conditions of your probation at any time during the probation duration. Probation typically runs from one to three years, but may additionally last for a number of years based on the original offense.

Probation may be violated in many various ways. Circumstances that may lead to a probation breach include:

  • Not showing up during a planned court look on a set date and time;
  • Not reporting to your probation officer at the planned time or place;
  • Not paying any needed fines or restitutions (to victims) as purchased by a court;
  • Checking out certain people or locations, or traveling out of state without the authorization of your probation officer;
  • Possessing, using, or offering unlawful drugs;
  • Committing other crimes or offenses; and
  • Getting arrested for another offense, irrespective of whether criminal or perhaps not.

When Probation Is Violated -- What Happens Next?

Warning or Request to look in Court

There isn't any set rule as to just what takes place after a probation violation is reported. Probation officers have broad discretion to issue a warning, or need you to appear in court for a probation breach hearing. In determining, a probation officer may consider the severity and kind of condition violated, previous probation violations or warnings, and other factors. If you are requested to appear in court, the probation officer will request some form of penalty, which may possibly include prison time.

Determination of Probation Violation

During a probation hearing, a judge will hear your case to think about whether you violated any terms or conditions of your probation. The prosecuting lawyer will require to prove a violation occurred by a "preponderance of the evidence" standard, or by a likelihood of more than 50 percent. Factors a judge might think about range from the nature, kind, and severity of the violation claimed, as well as a history of previous probation violations and other aggregating or mitigating circumstances.

Sentencing

If you are found responsible of probation breach, sentencing will occur soon after the probation hearing, at which time the judge may expand your probation, enforce additional probation terms, order you serve a brief time in prison, or revoke your probation completely and require you to serve away any time of your original sentence in prison. Factors a judge may consider in determining your sentence may include the nature and way of the offense and whether the offender was a "first-time" or "repeat" offender, among other considerations.

Legal Rights at a Probation Hearing

If you are facing probation violation costs, it's important to understand your legal liberties to lessen or stay away from additional penalties and effects. Generally, you've got the right to: (1) receive written notice of the claimed violations against you, (2) be heard by a neutral judge in judge, (3) attorney representation, and (4) to present proof and witnesses to help your case, or refute proof against you. A local attorney or other expert legal adviser can assist you understand the legal rights available to you at a probation hearing in your particular state.

Penalties and Punishment for Violating Probation

Judges have actually broad discretion to impose prison phrases or other charges for probation violations, subject to the maximum limits of a specific state statute. Some of the lighter penalties for violating your probation consist of having to perform community solution, attend rehabilitation, "boot camp" or other programs directed at correcting the behavior. Other, more severe, penalties consist of having to spend big fines or restitutions (financial fines to victims), or having to serve a brief time in prison. The judge may also revoke your probation entirely and need you to serve the staying terms of your original phrase in prison.

Conclusion

Probation violation is a severe offense that happens when an individual prevents or breaks any of the terms or conditions of his or the woman probation. Whenever those terms are broken, the person serving probation confronts severe consequences and penalties, including the possibility of extra probation terms, significant fines, a revoked probation or, more significantly, jail time.

 

Vandalism

Avoiding Vandalism Charges
According to the California Vandalism Law under, Penal Code section 594, if it doesn't belong to you and you deface it, destroy or harm it without the owner's authorization, you may possibly have committed the crime of vandalism. While subway graffiti, keying a parked car or defacing a road sign may seem inconsequential, these crimes qualify as vandalism by California lawmakers whom are determined to bring an end to vandalism throughout the state.

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Knowledgeable and experienced lawyers at our criminal law firm can usually get a reduction in fines or a total dismissal of vandalism charges, depending on the circumstances. If you have been charged with vandalism, we urge you to get in touch with a San Diego criminal defense lawyer at Brian Watkins and Associates as soon as possible so that we could review the charges against you and help you decide your best program of action.

Vandalism Defense Lawyer in San Diego
Vandalism charges may be prosecuted as either misdemeanors or felonies based on the surrounding circumstances. No matter whether the vandalism was committed due to indifference, passed off as juvenile mischief or creative expression, or was triggered by malicious intent, effects can be severe. A first time vandalism offense with harm under $400 is generally charged as a misdemeanor and penalties include no prison time, restitution, fines, community service and three years of probation. If the harm is over $400 and you've got a prior conviction for vandalism, you could be charged with a felony and may be facing county jail or state prison, formal probation, restitution, community solution, hefty fines and in some instances, a one year driver's permit suspension.

In some cases, your misdemeanor vandalism charge can be raised to a felony if you've got a previous criminal record, are a gang user or your offense features hate criminal activity implications. Information technology is crucial to understand that if you are charged with gang improvement, then perhaps not just is your charge a felony but it's a "Strike" against you per the CA Three Strikes Law.

Other Vandalism Crimes
Prominent acts of vandalism in CA include damaging, destroying and defacing schools, churches, cemeteries, mail boxes and engine automobiles. A variety of criminal activities can be associated with vandalism, including these:

  • Slashing tires
  • Breaking windows
  • Damaging benches
  • Ripping bus seats
  • Toppling headstones
  • Etching windows
  • Eliminating vehicle emblems
  • Carving initials into desks
  • Putting graffiti on school walls with paint or permanent marker.

Vandalism is maybe not restricted to the many common property damage crimes seen throughout San Diego and the state of CA. Other crimes prosecuted under the CA Vandalism Law include:

  • Possession of aerosol paint containers under age 18 (Penal Code 594.1)
  • Possession of vandalism tools (Penal Code 594.2)
  • Vandalism to a church or synagogue (Penal Code 594.3)
  • Vandalism to government services or cars (Penal Code 640.5)
  • Vandalism on or near a highway (Penal Code 640.7)
  • Vandalism on a freeway (Penal Code 640.8)
  • Vandalism utilizing noxious or caustic chemicals (Penal Code 594.4).

In CA, lawmakers have instituted a vandalism prevention effort and vandals are prosecuted to the complete extent of the legislation. Aggressive representation in your vandalism situation is critically crucial to anybody who is accused of vandalism, particularly whenever charged with a felony. At our company, our lawyers excel at using very early action in vandalism cases to enhance chances of a dismissal or to secure a reduction in costs at the pre-filing phase.

Fraud

Business fraud is, very merely, fraud in any business activity that resorts to deceitful practices to cause economic injury. Company fraudulence and consumer fraud are extremely closely associated. The appropriate definition of consumer fraud is as follows:

"Customer fraud occurs whenever, in the context of a business transaction, false statements of reality are made, the individual making false statements knew that the statements were false when they were made, and that the other party in the transaction relied on the false statements to their detriment."

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The elements of company fraud are:

  • False representation of fact
  • Knowledge that the representation had been false whenever information technology was made
  • An intention to get or induce the plaintiff to act or refrain from acting in reliance on the representation
  • Damage occurred to the plaintiff as an outcome of the reliance

Unfortunately, company and consumer fraud have become epidemic in our society. Not a time goes by that we don't hear something about identification theft, credit card numbers being taken, investors being defrauded, CEO's being accused of embezzling, and average Joe's being swindled at the regional car dealership. One of the absolute most shameful types of consumer fraud is the one that steals money from our retired Americans, living on a fixed income for which they have actually prepared and conserved for many years, if not years or even a life time.

Burglary

Burglary criminal defense attorneys are criminal attorneys who represent individuals accused of one or more burglary counts:

  • Residential burglary (the breaking and entering into a residence)
  • Commercial burglary
  • Burglary involving the use of a lethal weapon
  • Home invasion burglary
  • Entering a car, vessel or cargo container with the intention of stealing

 

Protecting Your Rights

It is the part of a burglary defense lawyer to protect the constitutionally guaranteed appropriate rights of somebody who has been arrested for or charged with or convicted of burglary. Each state has different regulations regarding burglary offenses, but the charges in all states for burglary crimes are all harsh. The prospective discipline for being convicted of a burglary includes:

  • Jail and prison time
  • Fines
  • Forfeiture of property
  • Restitution of residential property to the victim
  • A criminal record that can affect the rest of your life
  • Burglaries Matter toward "Three Strikes"

In addition, burglary charges count toward the 'three strikes' systems in states that use them. For instance, a first-degree burglary conviction in CA is a felony and thus a major offense, which means that the convicted individual will have to serve at least 85 percent of his prison or prison sentence, and if he is convicted later of another felony, it is immediately doubled, and at minimum 80 percent of it must be served. A 3rd hit (felony) may result in an incredibly long (also "life") sentence.

In many states, a burglary committed in someone's house (i.e., a residential burglary) is a first-degree burglary and a felony, because of the risk to the lives of men and women who reside there. All other kinds of burglaries (businesses, vehicles, etc.) are second-degree burglaries and may be charged as either a felony or a misdemeanor. A burglary defense lawyer will work to get a client's charges reduced or also dismissed.

Intent and Burglary

In some states, the prosecutor must show that the accused had the intention to commit a criminal offense when he or she entered the building. In other jurisdictions, it doesn't matter whether there was intent or perhaps not. Your criminal protection lawyer will explain the elements of your burglary fee to you.