Law Offices of John Patrick Ryan Visalia Criminal Law Lawyer | Hanford DUI Attorney | Civil Disputes2023-11-24T05:30:04Zhttps://www.jprattorney.com/feed/atom/WordPressOn Behalf of Law Offices of John Patrick Ryanhttps://www.jprattorney.com/?p=469982021-12-07T19:44:21Z2021-12-16T19:42:49ZCraft a defense strategy
At our law firm, we understand that misdemeanor charges should be treated as seriously as all other charges. We do our best to help our clients craft a defense strategy for their unique circumstances. Drug charges, weapons charges, domestic violence, DUIs – these, among others, are some of the categories of alleged crimes that could leave California residents facing misdemeanor charges. For more information about how we might be able to help in your case, please visit the criminal defense overview section of our law firm’s website.
]]>On Behalf of Law Offices of John Patrick Ryanhttps://www.jprattorney.com/?p=469962021-12-06T22:48:54Z2021-12-10T22:46:51Zprotective order.
Criminal consequences for violating a protective order
In California, offenders that violate a protective order are as follows:
First violation: First violations are charged as misdemeanors, and offenders are subject to jail time up to a year and maximum fines of $1,000.
Second violation: Second violations are usually charged as a felony, with offenders potentially subject to three years prison and fines up to $10,000.
A criminal defense lawyer can protect your rights
Being charged with a serious crime, such as violating a protective order, can upend your life. Even if you avoid jail, you may be stuck with serious fines and irreparable damage to your reputation. It may also be difficult to find a job and rent an apartment with a conviction on your record.
Considering the stakes, having the right legal representation is critical. An experienced criminal defense attorney can ensure your rights are acknowledged and identify flaws in the prosecution’s case.
Tulare, California, residents shouldn’t hesitate to reach out. If cost is a concern, many lawyers offer a free initial consultation at no out-of-pocket cost to the client.]]>On Behalf of Law Offices of John Patrick Ryanhttps://www.jprattorney.com/?p=469942021-11-30T06:56:21Z2021-12-03T06:55:49Ztheft crimes though. The type of theft people are charged with depends on a couple different factors. It depends on where people took the property, how they took the property and the value of the property that they took. People can be charged with theft, burglary or shoplifting depending on the circumstances. Theft and burglary have broader definitions that include broader types of thefts. However, shoplifting has a fairly specific definition.
Definition of shoplifting
People can be charged with shoplifting if they go into a commercial store while the store is open for business and both intend to take and in fact take items from the store without permission or without paying for them. The value of the property needs to be less than $950 though. If the value of the property is more than $950 or people enter the store when it is not open for business then it is considered burglary. If people are charged with shoplifting, they cannot be charged with any other type of theft.
Many people are charged with shoplifting in California. Shoplifting is considered a misdemeanor. The penalties for misdemeanors may not be as severe as other crimes, but shoplifting can have detrimental effects are other areas of people’s lives. Shoplifting will be on people’s criminal records and show up on background checks for jobs and rentals. People may be able to have the charges dismissed or the consequences minimized though. People are innocent until proven guilty and consulting with experienced attorneys can be beneficial.
]]>On Behalf of Law Offices of John Patrick Ryanhttps://www.jprattorney.com/?p=469922021-11-19T11:28:58Z2021-11-24T11:28:29ZEmbezzlement is a specific type of theft
In 2018, the owner of a diesel engine repair company, based in Bakersfield, hired an outside accounting firm to review the company’s finances. He had noticed discrepancies in the company’s past transactions, including a check made out to their former bookkeeper for more than $9,000.
Following an investigation into the company’s accounts, the bookkeeper was recently charged with 28 felonies, including embezzlement and grand theft. The accounting firm estimates the company’s total loss to be approximately $400,000. If convicted, the woman could face many years in prison.
Embezzlement is defined in California Penal Code Section 503. It is a theft offense, but it contains specific requirements unlike general theft offenses. The primary difference is the relationship between the property taken and the person who allegedly took it. To be guilty of embezzlement, one must first have been entrusted with the property. Property can be physical property or money. If the entrusted person then wrongfully appropriates that property for their own use, they can be guilty of embezzlement.
Since it considered a white collar crime, embezzlement is typically thought of as involving large sums of money, such as the bookkeeper who was recently charged. But embezzlement can occur at very small amounts as well, such as a cashier who is entrusted with the contents of their cash register but misappropriates those funds. Regardless of the amounts involved, if you have been accused of embezzlement, it is critical that you have an experienced professional on your side to formulate a sound defense strategy.
]]>On Behalf of Law Offices of John Patrick Ryanhttps://www.jprattorney.com/?p=469902021-11-10T19:00:32Z2021-11-10T19:00:32ZThe reality of implied consent laws
If you have alcohol in your bloodstream and a police officer stops you, California’s “implied consent” law applies. under this law, the state presumes that because you are operating a vehicle, you have already agreed to submit to chemical tests of your breath, blood, or urine to establish if you have drugs and/or alcohol in your system. However, not every person who is stopped by police on suspicion of a DUI will agree to take a breath test (or blood or urine test). Legally, the officer cannot force you to take the test.
In California, a person’s refusal to take a breath test can result in a citation. Generally, the only way to get out of the citation is to agree to having one’s blood drawn instead of taking the breath test.
Serious consequences
If you are convicted on DUI charges, you may lose your license and pay a fine. You may even spend time in jail.
If you are charged with a DUI, it’s important to consult a DUI defense lawyer who can advise you on your defense options.
The results of your breath test may be refutable. Certain factors may influence the credibility of your case. Some of the questions that you may ask are whether the breath test was calibrated correctly, whether the officer who tested your breath had been trained correctly, whether any mistakes were made during the test, and whether the breath test results were consistent with your blood alcohol content (BAC) test scores.]]>On Behalf of Law Offices of John Patrick Ryanhttps://www.jprattorney.com/?p=469882021-11-09T12:33:12Z2021-11-09T12:33:12Zrunning a red a light as an example. Here, the police can give you a citation if you blatantly run a red light, roll through an intersection with a red light, or stop over the light at a red light. This violation can cost you a fine of up to $500 and add a point to your driver’s license. As if the financial penalty isn’t enough, the points accumulated on your driver’s license could lead to suspension.
Other dangers of running a red light
In far too many cases, law enforcement officers use traffic violations as pretext for traffic stops that ultimately lead to a search of the vehicle. For some Californians, this means that what started out as a seemingly minor event quickly escalates into serious and severe criminal charges. That’s all the more reason to challenge a red light citation if at all possible. After all, a traffic stop that is deemed to be illegally conducted can lead to the suppression of otherwise damaging evidence.
Know how to navigate your traffic ticket woes
Even if you’re just facing a traffic citation, you should still consider your legal defense options, especially if your ticket is going to leave you with a suspended license. After all, a suspended or revoked license can touch nearly every facet of your life, including your ability to get to work and school, as well as your ability to pick up your children for scheduled visitation. So, if you’d like to learn more about what you can do to try to avoid penalties related to a traffic violation, then we encourage you to continue to browse our website.
]]>On Behalf of Law Offices of John Patrick Ryanhttps://www.jprattorney.com/?p=469862021-11-01T10:57:42Z2021-11-03T10:56:44ZFourth Amendment protections
Some people may also keep illegal property in their homes as well, such as illegal drugs. Even though it is illegal, people still have a right to privacy in their homes and they have the protections of the Fourth Amendment. This protects people from unreasonable searches in places where they have a reasonable expectation of privacy. This usually means places where someone in the general public would not be able to see without entering other people’s property.
If police enter people’s property without a valid search warrant, they are violating people’s Fourth Amendment rights. There are some exceptions to the rule, but if police find drugs in violation of people’s rights, people may still be charged with a drug crime. However, people may be able to suppress the evidence of the drugs. This means that the evidence found in violation of people’s rights could not be used against the individual and a conviction becomes very unlikely.
There are many people in California who possess illegal drugs and are charged with drug crimes if the police find them on people. People who are convicted of certain drug crimes may face serious consequences depending on the circumstances. However, people have constitutional rights that the police cannot violate. It is important to understand these rights and potential defenses. Experienced attorneys understand the potential defenses to drug crimes and may be able to help protect one’s rights.
]]>On Behalf of Law Offices of John Patrick Ryanhttps://www.jprattorney.com/?p=469842021-10-26T12:00:19Z2021-10-26T12:00:19ZMisdemeanor traffic violation defense
Accused drivers may receive traffic citations for misdemeanor traffic violations such as driving without a license. When the traffic violation does not involve drug or alcohol, the accused driver may be asked to sign the ticket which is considered a promise to appear in court but not an admission to the traffic infraction being alleged. The accused driver is required to appear in court on the date noted on their ticket unless the court provides a different court date to the accused driver.
For more serious misdemeanor traffic violations such as driving under the influence of alcohol or drugs, the accused driver can face significant potential penalties and consequences. They may face time in the city or county jail of up to one year and a fine up to $5,000. Accused drivers who fail to appear in court can have their driver’s license suspended and may face additional misdemeanor charges for the failure to appear, as well as the court issuing a warrant for their arrest. Accused drivers authorities suspect are driving under the influence of alcohol or drugs may be taken directly into custody.
It is important not to dismiss the importance and seriousness of a misdemeanor traffic violation charges. Accused drivers should know how they can respond and be familiar with their criminal defense options when facing serious traffic infractions.
]]>On Behalf of Law Offices of John Patrick Ryanhttps://www.jprattorney.com/?p=469822021-10-20T08:03:29Z2021-10-20T08:03:29ZBribery involves individuals wrongfully attempting to influence individuals in power, such as politicians at different levels of government. Depending on the facts alleged, in California bribery can be a misdemeanor or a felony.
Valuation of the alleged bribe
When a bribe is made, a person offers an individual in power something of value for support or decisions made in the person’s favor. Depending on the value of the item offered in the bribe, the alleged crime can be a misdemeanor or felony. When the value of the item, if stolen, would constitute petty theft, the bribe would be a misdemeanor. However, if value of the item offered in the bribe would be considered grand theft if stolen, the alleged bribe would be a felony.
Working through the facts of a bribery charge
As readers can tell, bribery is a serious criminal matter. It can become a conviction punishable through imprisonment if it is alleged to be a felony and a prosecutor prevails in their case. It can result in fines and other losses even as a misdemeanor conviction.
Individuals facing bribery and other white collar crime charges do not have to work alone to prepare their defense strategies. They have rights to seek legal counsel, and criminal defense attorneys can assist them with understanding their charges and the strategies they may use to mitigate or overcome their bribery charges.
]]>On Behalf of Law Offices of John Patrick Ryanhttps://www.jprattorney.com/?p=469752021-10-08T11:09:22Z2021-10-12T11:09:02ZThe controversy
Ever since the introduction of this law, public prosecutors and criminal defense attorneys have argued over its interpretation. Judgments too have been conflicted, owing to a lack of clarity. Prosecutors, attorneys and lawmakers have been seeking clarity on this law from the higher courts and have even appealed for new legislation to resolve the confusion.
This clarity is being sought primarily based on the grounds that the diversion provision is in contradiction with California Vehicle Code Section 23640, which does not allow judges to grant diversion as an alternative to criminal penalties. This has resulted in disparities based on which judge is hearing the case and in which county the trial is being conducted. There are multiple such instances, which have caused heated debates over the past few months.
What happens next?
Multiple bills have been introduced in the legislature to address the issue. Per Senate Bill 421, diversion would only be available for those defendants who have no prior DUI conviction and have also not attended a diversion program in the past 10 years. In addition, those undergoing the diversion program would have to install an ignition interlock device and participate in education and counseling programs. This bill has received approval from two key Senate committees. A Senate committee rejected the other bill, Assembly Bill 282 in July. That bill sought to exclude DUIs from the original bill that was enacted into law.
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