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.