Details About Proposition 47 From a Drug Attorney

As a drug attorney, clients have recently been asking about Proposition 47 and how it can impact them.  In fact, if you have a loved one that has been sent to jail for drug possession, this is important for you to know as well. Proposition 47 was recently passed into law and it impacts those who have been convicted of certain crimes in California.  If you live out of the state, this will not apply to you.

According to the new law, people that have been charged with certain crimes that can either be classified as a misdemeanor or a felony, will now always be prosecuted as a misdemeanor.  This is extremely important because the classification of a crime (misdemeanor vs. felony) directly impacts the penalties suffered upon conviction.  Felonies often come with time in state prison, for example, where misdemeanor sentences are typically for a shorter period of time and served in the local county jail.

This is particularly relevant to drug crimes as many defendants received long sentences in the past.  Now, thanks to Proposition 47, these cases can be reviewed by a judge with a possibility of having the sentence changed.  If you have a family member in jail, this can be particularly helpful.  For example, as a drug attorney, I know that if someone is serving time in state prison for committing a drug crime, it is because that person suffered a felony conviction.  If a judge reduces the felony to a misdemeanor, there is a chance they will have already served the necessary amount of time in jail, leading to a potential release. This is a big deal, and if you know someone in this situation, you should call us to discuss their case further. 

The judge has the discretion to either keep the sentence the same or to revise it.  Time will tell how many cases end up being revised and how many people are let out of jail as a result.  One thing, to keep in mind, is that if the judge believes that someone will commit certain violent crimes upon their release, they will be unlikely to convert the felony to a misdemeanor. Additionally, certain crimes will not qualify under Prop 47.  This list includes but is not limited to the crimes of murder, some sex crimes and gun crimes.  Most drug crimes, however, should qualify.

Proposition 47 states that all drug crimes for personal use be charged as a misdemeanor with the exception of marijuana which can be charged as a misdemeanor or an infraction.  An infraction carries an even lighter penalty. Keep in mind that the cultivation of drugs is not for personal use and if you are caught growing a large amount of marijuana or cultivating methamphetamine, as an example, you may still be charged with a felony.  As a drug attorney, we can review your case and let you know if and how Prop 47 can help you.

California Cultivation Laws and Why You Need a Drug Attorney

California drug laws are very strict. An individual can be arrested and charged with drug cultivation easier than you probably think.   This is a very serious criminal offense so it is important to call a lawyer immediately after being arrested - even if you did not intend to grow or produce illegal drugs, or you were simply using the substances for personal use. 

California law states that someone may not be in the possession of certain chemicals used to create PCP or methamphetamine.  This can create a challenge because someone that has never used or made this drug would be unlikely to know what those ingredients are.  In spite of this logical conclusion, if the police find some of these chemicals in your possession, you could be arrested and taken to jail.  The only way around this is if you had a permit to possess the chemicals.  Even so, you would need to carry the permit with you whenever the chemicals were around.  The strict nature of the law makes it easy to be charged with cultivation, even if you are innocent. 

The thing to remember is that you are innocent until proven guilty, and as a lawyer, it is my job to help show your innocence or at least create enough reasonable doubt as to your guilt. In the case of PCP or meth, we will need to demonstrate that you had a reason to have the chemicals that was unrelated to manufacturing drugs.

  

You can also be charged with marijuana cultivation, even though medical marijuana is legal in California.  In order to grow marijuana, you need to have a doctor's recommendation for doing so.  This can either be for your personal use or as a caregiver.  There are limits to how much you can grow, and you must have a medical marijuana card in order to do so.  If the police catch you without your card or if you are growing more than legally allowed, you could be charged with cultivation.  California’s marijuana laws are not a license to grow and sell, and these provisions ensure that it doesn't happen as often as it could.

As a lawyer, we will try and get the charges dismissed or reduced.  If you are charged with growing or manufacturing drugs for your own personal use, the penalties are far less severe than if you are doing so with the intent to sell them.  By simply having the charges reduced, you could be exposed to less jail time.  If you are convicted of the cultivation of PCP or methamphetamine, you could face up to seven years in jail and a $50,000 fine.  If convicted of cultivating marijuana, the sentence could be two years in State Prison. 

Regardless of whether you are innocent, it is important to work with an attorney that is experienced in handling criminal cases.  Drug crime allegations come with criminal charges that can stay on your record permanently.  A conviction can lead to consequences that extend well into the future such as difficulty finding employment or renting a home.  In order to protect yourself and your family make sure that you have a zealous criminal defense attorney that can provide a strong defense and the best chance at remaining free. 

A Criminal Attorney Explains Unlawful Intent and Identity Theft Charges

In California, it is important to work with a criminal attorney if you are charged or implicated in an identity theft crime. While, in some states, you will need to have personally harmed someone in order to be convicted, the laws are different California.  Here, you can be charged with identity theft merely by transferring information to someone who later uses it to harm another.

These are serious criminal charges that can result in jail time and a fine.  Unfortunately, to be convicted of identity theft can be easy for the prosecution.  If, for example, you were in a relationship and opened a credit card for your significant other based on a conversation you two had – they could come back and say that you stole their identity.  With that in mind, here is what you need to know.

What is “unlawful purpose”?
In the state of California, identity theft can occur when there is an unlawful purpose.  This is the intent provision.  If you obtain information about someone and intend to do something illegal with that information, that is unlawful purpose. You can also be charged with a crime if you obtain information on someone and either transfer or sell it to someone else that is going to do something illegal with it. This aspect of the law can get tricky as you may have innocently shared information, not knowing the character of who you were sharing it with.  As a criminal attorney, we can use this to build a defense. 

What information is illegal to take?
Surprisingly, this includes far more than a social security number.  Did you know that it is illegal to obtain someone’s phone number with an unlawful purpose?  This basic information is typically publicly available but, if used to accomplish something illegal, it could be considered identity theft.  It is also illegal to take more sensitive information like a passport ID number and social security number. 

What is illegal?
With identity theft laws, you cannot open a credit card or obtain property in someone else’s name.  For example, you cannot buy a house in your mother’s name or open a credit card and start spending money.   It is important to note that you cannot obtain medical information either. 

Penalties
The exact penalty will be based on the damage suffered by the victim.  For example, if the victim lost $100 the penalty would be far less than if a home was bought in their name and foreclosed on.  Those that are convicted of identity theft can face a combination of time in prison and paying a fine.  

As a criminal attorney, we recommend seeking professional help if you are charged with a crime of any kind, including identity theft.  Even if you did not intend to take someone’s identity or transfer information, that defense is not enough without an attorney.  Our job is to prove your innocence in court or create enough reasonable doubt that a jury would have difficulty convicting you.  To get help, call our office right away.

Work With a Drug Attorney and Protect Yourself from Prescription Drug Charges

As a California drug attorney, I regularly see people charged with crimes that they did not commit.  This is, unfortunately, all too common as police continue the war on drugs.  In this war, the most common victim is regular people just trying to live their lives.  While the police arrest the easy targets, drug dealers continue to roam the streets.  Don’t make the mistake of thinking that you are immune to being arrested for drug possession.  Instead, protect yourself by taking precautionary measures.

Arrests for possession of prescription drugs continue to mount and very often the people arrested are completely innocent.  As an example, there was a case in Georgia where a girl was arrested after the police found methamphetamine in her car that had been prescribed to her.  She did not have her prescription in her possession, so the officers assumed she was committing an illegal act. Officers also found a spoon in her possession.  Yes – a spoon.  She explained that she had used it to eat lunch, but they didn't believe her and decided that she had been creating methamphetamine. 

She argued in defense of these allegations and explained that she was innocent but was still arrested and sentenced by a judge to drug counseling pending trial.  Even though she had not been proven guilty, she was still required to attend drug counseling and, when she could not attend the counseling appointments, was arrested and put in jail for a month.  During this time, she also lost her job.  Eventually, the lab results came back, and it corroborated her story that the spoon was used to eat lunch and contained no drug residue.  As a drug attorney, we encounter cases like this on a regular basis where an innocent person becomes a victim of the war on drugs. 

Another reason that people are often arrested illegally is because they have prescriptions in their possession that belong to someone else.  This is fairly easy to do when you think about it.  For example, if you borrow your roommate's car and you are pulled over for speeding and the police ask to search the vehicle.  If you allow the search and they find prescription medication in the glove box, you could be arrested.  Even if the medication is in the name of the person that owns the car, you could still go to jail.  This may seem unfair, and it is, but the police have the right to do this and often do.  

As a drug attorney, we recommend that you take steps to protect yourself.  One of the first things you should do is be cautious of what you do and say around the police.  Do not mention anything that could be considered incriminating and prompt a search of your vehicle.  Do not give them permission to do a search of your car or home.  Instead, ask them to produce a warrant and call a lawyer. Even if you think that you have nothing to hide, the police will often find something that they will use to incriminate you.

Whenever in doubt, call an attorney so that you don’t become another victim of the war on drugs.

Criminal Law and Illegal Cell Phone Searches in San Diego

As someone who practices criminal law, I see warrantless searches on a regular basis. If the police believe a crime was committed, they are likely to look for a way to prove it. This can often include searching your car or home without a warrant. Keep in mind that if the police ask if they can come in your home or search your car, you have the right to say no. It may not feel that way in the moment because badge wearing, gun carrying police officers can be intimidating but you do have the right to object to warrantless searches and you should. If you object to a warrantless search the police officer may attempt to obtain a warrant from a judge by giving a statement of probable cause.

One area of dispute has been whether or not the police are allowed to go through your cell phone without a warrant. It has happened on a frequent basis and officers have used the information they found to arrest or prosecute. A recent case, Riley v. California went all the way to the Supreme Court where there was a unanimous ruling that a warrant is needed in order to search the contents of a cell phone. This is important for you to know because the police will not tell you your rights. You have to know them and enforce them.

As an Orange County criminal law attorney, this Supreme Court decision is an important one. Without it, the police and prosecutors have been able to submit into evidence photos that were taken on a person's phone, videos, maps with history on them, call logs, texts, etc. in order to prove their case. This has been highly unfair for defendants that use their cell phone as a way to record personal information and conduct what they believed to be, private conversations.

One of the cases that was heard by the Supreme Court, United States v. Wurie, came out of California and involved a man that was pulled over and arrested for possession of guns. In the meantime, his phone was searched, and the police found evidence of Wurie being connected with a gang shooting that had taken place. No warrant was obtained prior to conducting the search and as a result of the evidence obtained from his cell phone, he was sentenced to fifteen years in jail.

My job, as a criminal defense attorney, is to make sure that my clients receive the best possible defense after being charged with a crime. It doesn’t matter what the crime is; everyone deserves a strong defense and the opportunity to make their case. Doing so often involves making sure that my clients’ rights are protected at the same time. Even though, the Supreme Court has issued this ruling some law enforcement officers and prosecutors may be unaware of this change. It is up to me, as a defense attorney, to argue case law before a judge as to why certain evidence is inadmissible and should not be used in court. It is important to work with someone that is experienced in criminal law because the more your attorney knows, the better chance you have of navigating the court system to your benefit. As they say, knowledge is power! If you are pulled over, remember that you do not have to consent to a search and should never give consent for an officer to look through your cell phone.

A Criminal Lawyer Can Help you to Qualify for House Arrest

If you are facing criminal charges, a criminal lawyer can build a case to defend your innocence.  Part of building a defense is creating enough reasonable doubt that the jury will not convict you.  If the evidence clearly points to a conviction then a secondary aspect of an attorney's job is to use mitigating factors in an effort to reduce your sentence. In California, it may be possible to qualify for Supervised Electronic Confinement, more commonly known as house arrest.

In this scenario, you are still convicted of a crime but instead of going to jail you can serve out your sentence at your home and, in some circumstances, you may be able to continue working at your job outside of your home.  Imagine your life confined in prison and surrounded by other inmates that you do not know, most of them committed for crimes far worse than yours, having to live with rules that you did not create and a schedule you are forced to follow.  In this world, your family and friends can only see you at certain times, and when they do, you are wearing a uniform.  Now, imagine spending that time waking up in your own bed, sitting on your own couch, and cooking in your own kitchen.  Family and friends can visit you freely and instead of a jailhouse uniform, you are wearing your normal clothes.  These two worlds are miles apart, and your attorney can help you to stay out of jail, even if you were convicted of a crime.

Only certain people qualify for Supervised Electronic Confinement.  In order for this to be a possibility you need to be a low risk and nonviolent offender along with meeting these criteria:

• You have to be able to afford to pay for the home confinement program; 
• You must have a working telephone at your home;
• You agree to the conditions of Supervised Electronic Confinement;
• The judge did not prohibit you from participating in the program;
• You were sentenced to serve time in a county jail. 

If you are facing a medical condition or have mental health issues that would make going into custody an undue hardship, you may also qualify for the program even if some of the other criteria are not met.  It is up to your criminal lawyer to make a case for why house arrest is the best option for you but that also satisfy the requirements of the court.

If you are granted house arrest, the rules that apply to you will be set by the judge.  These rules are different on a case by case scenario.  Some people, for example, are allowed to continue with their employment rather than being required to stay in the home. 

You may be able to continue with basic activities like going to the grocery store, attending doctor’s visits and any mandatory rehabilitation programs.  This means that even though you are technically on house arrest, you can still leave your home under the permitted conditions.  This may be a far better way to serve your sentence so call a criminal lawyer today so that you may get the assistance you need.

What You Need to Know About Criminal Law After Being in a Car Wreck

It is important to understand California criminal law and how you potentially could be charged if you were driving a vehicle and someone died.  Getting into a car accident is a terrible experience, and if someone was injured and/or died in the process, the aftermath for everyone involved is tragic.  Even if you were not trying to harm anyone – you could still be charged with a crime. 

If someone dies as a result of your driving, there are several  codes under which you can be charged.  Understanding the difference is important, as is working with a skilled lawyer that can help get the charges reduced and argue your defense on your behalf. 

Penal Code 187  [Murder] 

This criminal law code might apply if someone was killed as a result of your driving while committing a felony.  For example, if you committed a robbery and were fleeing from the police and, as a result of speeding, someone was killed – this criminal charge could apply.  These cases are rare, but it gives you an idea of one of the situations under which you could be charged with murder even if you did not intend to hurt anyone. 

Penal Code 192 [Vehicular Manslaughter] 

This situation is far more common and applies when a person is driving and commits an unlawful act that is not a felony. This code may also apply even if your actions are lawful but someone dies as a direct consequence of your actions. You can also be charged under this code if you were driving negligently and someone was killed as a result of your negligent driving.   For example, while making a right-hand turn, you hit a person with your vehicle and they died as a result of your conduct, though the act of making the turn was legal, you could be charged with vehicular manslaughter.  You turning your vehicle would not be considered illegal in and of itself, but by choosing to make the turn, your actions caused someone to die and therefore you could be charged with a crime. 

Penal Code 191.5 [Manslaughter]

If you are under the influence of alcohol or drugs when driving and someone is killed as a result, you would likely be charged under this criminal law statute.  California has a specific law for these types of situations and the government would have to prove that you were intoxicated in order to get a conviction. 

Each one of the above crimes comes with various penalties. As a criminal lawyer, I work diligently to have the charges reduced whenever possible.  If you are currently facing the possibility of being charged with one of these crimes, it is important to speak with a lawyer and start working on your criminal defense immediately.  In a situation where someone dies as a result of your seemingly minimal conduct, such as sending a text message, it may seem unreal that you would need a lawyer to represent you and to fight for your freedom.  The reality is that if someone died because of your driving or conduct, you need a criminal lawyer, and you need a good one.  The decision to hire a specific attorney can influence the rest of your life. 

What You Need to Know Before Hiring a DUI Lawyer

If you have been arrested for drunk driving, you need a DUI lawyer that is an expert at fighting these types of cases.  A DUI is a serious offense and should be treated with the same level of care that you would give to a criminal charge.  It can have long-term consequences that include financial and social risks.  Additionally, DUIs can come with jail time so hiring the right attorney is important for protecting your rights and your freedom.

Before you hire a lawyer here is what you need to know:

Location is Important

Look for an attorney that is located within your county or the county where you were arrested.  If you hire someone from outside of the area, you will end up paying more in legal fees as they will bill you for the time it takes them to drive to court.  Additionally, each county has nuances that when known can help your attorney navigate through the court system.  Local attorneys have the benefit of the inside scoop.

DUI Law is a Special Practice Area

There are many types of lawyers out there, some of which practice general law, meaning that they do everything.  When you work with a DUI lawyer, you will have access to better representation because this is what they focus on.  For example, you wouldn’t hire a business attorney to handle your divorce case.  Similarly, it doesn’t make sense to hire a family lawyer for your DUI.  When you work with an experienced DUI attorney, you have access to the additional resources that their experience may provide.

Build a Strong Defense

Look for an attorney that will work to build a strong defense in your favor. Everything is up for debate including the circumstances leading up to the arrest, the arrest itself, and any equipment that was used to determine whether or not you were intoxicated. If you were arrested for a DUI, you don’t have to accept it and assume guilt.  You can fight the charges and should.  The key is hiring the right DUI lawyer that is willing to fight for your rights and to work towards getting the charges dropped or reduced.

You May Not Go to Court

Depending on the circumstances of the arrest and the negotiating skills of your lawyer, you may not have to go to court.  You can decide whether or not you want to try to settle the charges outside of court or fight them fully.  The choice is yours, so it is important to hire an attorney that is willing to help with the case, regardless of which direction it takes.

As an experienced DUI lawyer, Ms. Martina Vigil understands how important it is to fight DUI charges.  A conviction can have negative consequences that last for years so make sure that you are working with an attorney that can fight for your rights.  To schedule a consultation with Ms. Vigil call (714) 543-5840.

A Criminal Attorney Can Walk You Through the Arrest and Trial Process

Martina A. Vigil is a criminal attorney that can assist you after being arrested.  For most people getting arrested is a frightening ordeal and the process of subsequently appearing in court can be just as overwhelming.  Working with an experienced lawyer is important because being innocent is not enough.  Your lawyer must build a strong defense in order to present mitigating factors in a way that the jury believes or at least has enough reasonable doubt to not convict you.

Additionally, there are protocols and timelines that must be followed per court procedure.  If you try to represent yourself and miss a deadline or fail to file a document such as a witness list, the prosecutor will use this against you in court and try to prevent key evidence from being submitted or a witness from being able to speak.  Important tools such as a subpoena must be issued a certain number of days before trial begins, etc.  These are the nuances that make it difficult to represent yourself in court and why working with a lawyer is so important.

What you should know about the process.

Your prosecution begins with the arrest itself.  Police officers cannot arrest you without probable cause.  This means that they need to have a reasonable amount of suspicion to believe that a crime was committed and you committed that crime prior to arresting you.  If they did not have the requisite amount of suspicion, the officers did not act lawfully when making the arrest and the case may be eligible for dismissal.  The same is true for search and seizure.  If the arrest took place because of something they found in your possession, but the search was done illegally, the evidence may be inadmissible in court, making the prosecution’s case weaker. As a criminal attorney, Ms. Vigil can review your arrest report and identify any holes or weaknesses that exist.

After you are out on bail, a hearing will be held to determine whether or not the case should proceed to trial.  Depending on the type of charges that were brought against you, this could be a probable cause hearing to determine if the case will move toward an indictment.  Your lawyer will have the opportunity voice a defense and reasons why the charges should be dismissed while the prosecutor will have an opportunity to prove that there is probable cause to proceed with the prosecution.  The judge will make the ultimate decision.

The discovery process begins once a court date is set.  This is extremely important because you have the right to request copies of the police report, any and all evidence the prosecutor intends on using against you, and the prosecutor’s witness list.  Review each item carefully with your criminal attorney to determine any possible defenses you may have and any weaknesses in the prosecutor’s case that may be beneficial for you. This is also the time where you need to provide your lawyer with anything that supports your innocence or provides that reasonable doubt.  Witnesses should also be identified and interviewed.

At trial, a good criminal attorney will present your case in the best possible light and mount a strong defense that is supported by evidence and conduct cross examination that weakens the prosecution’s theory.  The goal is to create enough reasonable doubt that the jury will avoid convicting you.  Ms. Vigil is an excellent attorney and will do just that – build a strong defense and fight for your rights.

Hire a Domestic Violence Attorney to Protect Your Rights

If you have been charged with domestic violence, you need a domestic violence attorney. California has strict laws regarding this type of crime, and the charges alone can be enough to change your life negatively.  If you have gotten into a physical altercation with your spouse, significant other, child, or cohabitant a prosecutor will likely follow through with the case, even if the other party recants their story.  Don’t expect the charges to go away. Instead, hire a good lawyer that can protect your rights.

Many innocent people are accused of domestic violence and sometimes what starts as a simple argument escalates out of control.  In either situation, attorney Martina A. Vigil can help.  You can schedule an appointment by calling (714) 543-5840. 

There are several reasons why a person may be falsely accused of violence.  Oftentimes a spouse will bring charges in order to gain the upper hand in a custody case.  In California, perpetrators of domestic violence are automatically assumed to be detrimental to children which means you could very well lose custody and even visitation rights, making hiring a good domestic violence attorney extremely important. 

Many times there is no perpetrator of violence but rather a fight breaks out with two people behaving aggressively towards each other.  In this instance, charges may be brought against one individual when they shouldn’t be.  It is also important to tell your attorney if you were simply responding in self-defense.  

When working with Ms. Vigil, you can expect her to build a strong defense.  The sooner you discuss the case, the better because it gives more time to interview witnesses and uncover evidence that will back your side of the story. If the case appears strong enough, she may be able to convince prosecutors to drop or reduce the charges before they are actually filed. This is the best case scenario and can help you to avoid the complications that come from having criminal charges filed against you. 

It is also important to note that domestic violence charges could be brought even if you did not actually harm someone.  For example, you could be charged with a crime for allowing someone else in your household to beat a child or expose them to harm by having a drug lab or something similar in the home.  This can be particularly tricky for a spouse that may be scared to report their significant other.  

Threats of violence that produce fear in the other person could also be considered a crime, even if it didn’t escalate to violence.  This can be a grey area as what you may consider to be a joke or a figure of speech could be interpreted by the other party as a major threat to their health and safety.  If a charge of this nature is brought against you, witnesses become extremely important along with building a defense around your overall character.  

Due to the complexity of California law, it is important to hire a domestic violence attorney that can advocate for your rights and ensure that they are protected.  To schedule an appointment call (714) 543-5840 and speak with Ms. Vigil today.

A Criminal Defense Attorney Helps to Fight Drug Charges

If you are arrested for drugs, call a criminal defense attorney to help you get out of jail and stay out of jail.  Drug charges are serious and many of the inmates in our local and federal jail system are there on drug convictions. Even a simple marijuana possession can lead to jail time for the convicted. Do not let this happen to you.  Hire the professional representation you need in order to stay out of jail.

According to the FBI, 1,531,251 arrests were made for drug-related charges in 2011.  In 2012, the police made a marijuana specific arrest every 42 seconds. This is a staggering number and should give anyone pause.  The likelihood of a recreational drug user being arrested is extremely high.  Over seventy percent of these arrests were of males.  In other words if you are a male recreational drug user, you need to have a plan in place in case you are ever arrested.  

In many parts of the country the chances of being arrested for drug crimes are higher than others.  The local police will often take leeway in breaking search and seizure laws which can lead to an unlawful arrest.  For example, if the police pull you over and ask to search your car, you have the right to say no.  If they illegally search you without a warrant, the drugs they find may be inadmissible so long as you have a criminal defense attorney that understands how to mount this type of defense. 

As a criminal defense attorney, we help people fight drug charges and avoid a conviction that could lead to jail time.  We represent all types of clients so if you were arrested for possession or selling drugs, we can help. The key is to invoke your right to stay silent and to call an attorney right away.  This way the police cannot question you and use your words against you at a later date in a nearby courtroom. 

Recreational drug use may not seem like a big deal, but it has big consequences.  Going to jail is no laughing matter, and it can happen to virtually anyone.  Don’t take a risk by trying to represent yourself when a good lawyer can help you keep your freedom.  A simple mistake in how you present your case or submitting paperwork or evidence late can create problems for the rest of your life.  The Law Offices of Martina A. Vigil is experienced in fighting drug cases and avoiding these common mistakes. 

By hiring Martina Vigil as your criminal defense attorney, you are guaranteed to have an advocate that will fight for your rights and create a strong defense in your favor.  Our job is to create enough reasonable doubt that a jury will not want to convict you or will at minimum reduce the charges against you. Through working together we can help you stay out of jail and prevent a drug conviction from entering your permanent record.

Why You Need a Domestic Violence Attorney

As an experienced domestic violence attorney, Martina A. Vigil represents those accused of domestic violence. There are many times where a misunderstanding has occurred or a situation escalates out of control, and one party is accused of abusing the other.  These charges are serious and require expert legal advice in order to navigate through the court system and ensure that your rights are protected.

In the state of California, violence against a family member, spouse, child, or significant other has more serious consequences than violence against the average person. The law has also been updated to include former spouses and cohabitants.  In other words, if you get into a physical altercation with an ex-girlfriend or boyfriend you could still be charged with domestic violence even if the relationship ended a long time ago.  Many people are unaware of this revision to the law and surprised when charges are brought against them. 

Another reason you may need a domestic violence attorney is if you have children.  According to Family Code 3044, the courts are required to assume that giving some form of custody to the perpetrator of domestic violence is detrimental to the child.  This means that if you are charged and convicted of domestic violence, you may lose custody of your children.  A skilled attorney can argue the merits of your case with the goal of getting the charges reduced or eliminated so that you can continue to see your children or maintain your current custody situation. 

Being charged with a crime can be a frightening experience for anyone, even more so when it involves family and the home situation.  These charges can prevent you from returning to your residence due to a restraining order, from seeing your children, and going about life as usual.  One mistake can transform your entire life in the span of hours.  Fortunately, we can help.

If you have been charged with domestic violence don’t assume that the charges will go away once you and your partner have calmed down.  Instead, get the representation you need in order to fight the charges so that your life can be protected and restored.  This is extremely important as most prosecutors in California will proceed with the case, even if the alleged victim of abuse recants their story.  Many counties also impose mandatory jail time, regardless of whether or not you are a first-time offender, which can interfere with work obligations.  In order to protect yourself, call the Law Offices of Martina A. Vigil, PC either from jail or immediately after being released on bail.  Starting early is important for being able to locate any witnesses and to build a strong defense. 

As a domestic violence attorney, Martina A. Vigil works diligently to build a defense that is based on the facts, witness testimony, and character witnesses.  Proving that this was an isolated incident is important, especially when dealing with custody issues.  The more time Ms. Vigil has to interview people and prepare for court, the better your chances will be of having the charges reduced or dropped.

A Criminal Defense Attorney Will Protect Your Rights

If you have been charged with a crime, a criminal defense attorney can help. It is imperative that you hire the right attorney because a criminal charge and conviction can impact the rest of your life.  Your freedom can be taken away, and even minor convictions can hurt your job prospects and ability to maintain custody of your children.  This is not a risk worth taking.

Under our legal system you have the right to a public defender.  Many of these lawyers are passionate about their job and defending people’s rights. The challenge is that they are typically overworked and have a huge caseload. This does not provide them with the luxury of time to investigate the facts of your case and to build a strong defense. The result is that many public defenders will negotiate a plea deal on behalf of their clients instead of fighting the charges altogether. 

You don’t have to settle your case if you are innocent.  An experienced and aggressive criminal defense attorney can fight for your rights, your innocence, and your freedom.  The Law Offices of Martina A. Vigil are experienced with all types of criminal cases.  We understand the effort and dedication it takes to mount a strong legal defense and work with our clients every step of the way to present the strongest case possible. 

If you are arrested, it is important to remember your right to stay silent and your right to an attorney. If you invoke your rights, the police cannot ask questions without your attorney present.  This will ensure that you are not a victim of entrapment or a coerced confession.  These activities still happen today and the only one that can protect you is your attorney.  What you say in holding, in jail, or during an interview can and will be used against you in a court of law.  Do not trust anyone outside of your legal counsel.

Once retained, we will represent you at your bail hearing and try to get you out of jail quickly pending trial.  This will allow you to spend your time at home preparing for your court case.  We will ask a lot of questions to find out all of the details surrounding the events leading up to your arrest.  This is important because it allows us to launch our own investigation that is separate from the one conducted by the police.  We will gather our own evidence, interview witnesses, and build a case that we can use as an argument to what the state will say when prosecuting you before the judge.  Anyone that you can think of that can help confirm your version of the facts is important for us to speak with. 

As a criminal defense attorney, we understand that everyone’s financial situation is unique and many people have not saved up for this type of a case.  There are several ways to pay for your defense, so please don’t let money prevent you from calling us.  Contact the Law Offices of Martina A. Vigil at (714) 543-5840 to get the help you need in order to stay free.