The Law Office of Peter Blair

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Your ‘Accused List’ – What to do When You’ve Been Accused of a Crime

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accused listYou want to have an ‘accused list’ ready for when you have been accused of a crime. What we mean by this is that we want you to be prepared for anything and we will prepare you by going over some steps for some things you can do after an accusation. We understand that going through this difficult time can be demeaning and can harm your reputation, so you want to seek the help of an attorney as soon as possible when it comes to your case.

Steps to Take

As part of your ‘accused list,’ you want to prepare by taking these various steps:

Collect Evidence: You want to collect any evidence that shows that you were falsely accused of a crime. You might even be able to show that you have an alibi for the night in question and present this. 

Organize Documents: You want to ensure that all documents relating to the incident are in order, such as criminal records, GPS records, computer records, and more.

Make List: Make a list of all evidence that was allegedly taken from the crime scene. If you remain organized, you might be able to counter the evidence that was made against you.

List Witnesses: If somebody was with you when the crime apparently took place, you can add them to your witness list. 

Don’t Speak Out: Don’t speak to law enforcement officials about your case or submit to any testing or interrogations until you talk to your attorney. 

Speak to an Attorney: Always speak to an attorney before you give anybody else the time of day, because any statements given without an attorney could be an indication of guilt even if you don’t intend for it to be. You want to leave the best impact on your case and have the help you deserve. Call us for more information on how we can help.

How a Criminal Defense Lawyer Can Help in Your Case

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criminal defense lawyerYou’re facing prison or high fines and you want the most out of your case. You also don’t want to stand alone and have to defend yourself when you don’t know the first steps to a criminal case or raising a defense. This is why it is important to have the best criminal defense lawyer on your side. No criminal case is exactly like the next, which is why we want to help you understand your case and gain the start you deserve.

The Different Ways an Attorney Can Help 

It starts with much more than just heading into the courtroom and defending you against a crime. There are many things that a criminal defense lawyer can do, including the following points:

  • Your attorney will be able to try and help you get a deal when it comes to your case, such as a plea bargain. If you defend yourself, you might have a hard time going up against the prosecutor.
  • Your attorney will also help you figure out the best sentencing program for your situation. Perhaps you were convicted of a drug crime and you are facing years in prison. A diversion program might be better for you, and your attorney will realize this and help you fight for your rights.
  • You will also receive the reality check you deserve. You might not know anything about your particular crime. Maybe you have heard that people do ten years in prison for a specific crime, but the reality is that the laws might be different than you imagined. This is why it is important to have an attorney guiding you.
  • You might not have a broad understanding of the state legal system, which is why it pays to have an attorney. There are many unwritten rules of the court system and you want to have these benefits on your side.
  • Your attorney might also be able to get expert witnesses on your side who can prove your innocence so that you aren’t doing that alone.

Many people think that they can defend themselves when it comes to a crime, but this might not be the case. No number of textbooks will help you when it’s either you on your own or the help from an experienced attorney that you deserve. Call us for more help with your case at the Law Office of Peter Blair. We are waiting to hear from you.

Reversing Your Conviction and How the Process Works

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reversing your convictionWhen it comes to reversing your conviction, it might not be easy as it sounds on paper. Courts will rarely overturn what has been decided by the lower court, but this does not mean it is an impossible process that you never see. Sometimes, errors take place that can cause harm and make your trial unfair. Resentencing might become an option, which means that reversing your conviction is closer than you once thought.

Appeals and Writs

When it comes to reversing your conviction, appeals and writs become necessary. You, noted as a convicted defendant under the law, always have the right to challenge a verdict of a case if you believe that mistakes were made during the process. These are called ‘appeals and writs’ and become prevalent in a variety of cases each year.

Appeals: If there were errors in the way your case has been handled and you have spoken to your attorney about this, you have the right to file an appeal. However, you must have a convincing argument that there were serious mistakes made. Prosecutor must be able to reach a guilty verdict and, if they cannot, there is no way that you can be convicted for the crime.

Writs: You might also be able to file a writ, which is an order from the higher court that directs the lower court to take action. Though they are rare, they are seen in extraordinary circumstances. For instance, what if there was a defense that you could have brought but your attorney failed to do so? A writ could change the course of your case and you might have a second chance.

Reversing your conviction is never an easy thing to do, but you have options. At the Law Office of Peter Blair, we want to help in your time of need. The odds might seem stacked against you but you have a chance. Call us for more information.

The Domestic Violence Arraignment: What You Should Expect

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domestic violence arraignmentThere are many things that you should know about the domestic violence arraignment when it comes to your case. What is the arraignment and what does it have to do with your case?

An arraignment, in any event, is a hearing where the judge formally charges you with the crime that you are being accused of. This means that you will have a right to speak with an attorney and have bail set if it is applicable in your case. You will either plead guilty or not guilty so that you can move forward to your next steps. At the domestic violence arraignment, this is where protective orders usually come into place as well. If the plaintiff in your case brings a protective order against you, this could mean disaster if you are sharing your home with the plaintiff and are suddenly left with few options moving forward.

Entering the Plea 

This is why, when it comes to your domestic violence arraignment, you should always be prepared to enter your plea. You have the decision to either enter a guilty plea, not guilty, or no contest. Of course, you probably know what it means to enter guilty or not guilty. But what is no contest?

No contest means that you are not admitting guilt in your case but that you are choosing not to consent to the charges. You will probably talk to your attorney in advance when it comes to your charges so that you know what is more beneficial to you and your outcome.

Choose an attorney on your side who understands the ins and outs of domestic violence law. We want to stand by your side and help in your time of need when you need us the most. Call us for more information at The Law Office of Peter Blair.

Diminished Capacity Defense: When Can It Be Used?

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diminished capacityThe diminished capacity defense is used to limit criminal liability after a defendant has been accused of a crime. Perhaps you want to use this as a defense with the help of your attorney because you did not have the mental capacity to commit the crime that you were accused of. When this defense is used, it is used for crimes of ‘specific intent,’ or those that happen with an intentional state of mind.

Diminished Capacity Vs. Insanity Defense 

Diminished capacity and insanity defenses are different from one another. If a plea of insanity is given, this will lead to the judge sentencing ‘not guilty by reason of insanity,’ which means that you could be committed to a mental institution as a result. If you had diminished capacity, on the other hand, you will probably get a lesser charge.

Sometimes, people believe that they can use diminished capacity in heat of passion crimes, but this is a lot different tan those crimes. In heat of passion crimes, the defendant had no time to think over or plan their crime, so it is not possible for them to receive the highest extent of charges. Many people bring diminished capacity defenses for crimes where they were intoxicated at the time of the crime, so they did not have the reason to form intent before committing the crime.

You want to be prepared for anything when it comes to your case. This is why it is good to speak with an attorney if you want to bring a defense of diminished capacity, because you don’t want to handle your case on your own. Call us for more information on how we can help at the Law Office of Peter Blair.

Drunk Driving Charges: Why You Should Never Flee the Scene

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drunk drivingYou were out drinking with friends and you made the poor decision to get behind the wheel of your vehicle and drive. When doing so, you made a bad turn and ended up slamming into the side of another person’s vehicle. Many people will stay at the scene until police show up, which will definitely lead to drunk driving charges. However, many other people try to flee the scene, believing that they can’t be caught after one of these accidents occurs at their own hands.

What many people don’t know is that, in doing so, they could be facing felony charges that will follow them through life. You could face charges of vehicular manslaughter if you fled the scene and somebody has lost their life, and the judge could even attempt to enhance your crime if you are convicted of leaving. You want to avoid hit-and-run charges at all costs since your case is stacked against you. California law says that you absolutely must stop and exchange your name, address, and insurance information with another driver when somebody has been injured in an accident, much less any accident that occurs.

Defending Yourself

Police will use whatever it takes to find a driver who fled the scene, which could be used against you later on. They might take a look at paint scratches, tire marks, word of witnesses, and so much more to piece together evidence that can later be used. Then, an investigation will take place to determine if you were driving drunk at the time and if you knowingly fled from the accident.

As with any DUI case, all hope is not lost. You should turn to the advice of a specialized attorney who can handle your DUI case and has experience in doing so. You want to do what it takes to avoid jail time, large fines, and license suspension. Call us today at the Law Office of Peter Blair to find out how we can help in your time of need. We are here for you.

How Police and Prosecution Work Together – Filing Charges

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Arrest and prosecution are a lot different from one another. You might wonder if the police and prosecutor in your case work together, and they do in some ways. – but not in others. Police must have probable cause to believe that you committed a crime when they make their arrest, and prosecutors must also use a type of reasonable cause to file charges against you and make a case. They have what is called “prosecutorial discretion,” which takes many factors into account: from your criminal record to the facts of the current case and more.

Prosecutors Taking a Close Look at the Police Report

prosecutionThe prosecution will take a close look at the report that police leave behind on the day that you were officially arrested for your crime. They will study the facts of your case to determine what is there and what might be missing, as this is what they will use to make a case against you. They will see dates, times, the location, weather condition, and so much more that was prevalent at the time of your arrest.

The unfortunate fact of this matter is that many arrest reports are one-sided, which means that the prosecution could unfairly look at the details that the police collected and not want to listen to what happened from your point of view. Unfortunately, what the police claim to have seen might be enough to make a case against you, which will put you in a position of defending your rights from every angle with the help of an attorney.

Only a defense attorney will understand how to work with the prosecution and move forward with your case, depending on how serious the crime. At the Law Office of Peter Blair, we want to help in your case when it comes to building your case to defend yourself from the very beginning.

Avoiding Contact After You’ve Received Domestic Violence Charges

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There are some things we would like you to know about what to do after you have received domestic violence charges. After you have been charged, there will be a no contact order put in place so that you have absolutely no contact whatsoever with the victim. Let us guide you through the process of what you should and shouldn’t do.

Arraignment Happens First 

Arraignment will be the first procedure that takes place after you have been formally charged. Your attorney will usually advise that you do not plead guilty, especially when you believe that you have done nothing wrong, or maybe have a defense to use in your case.

The Introduction of the No Contact Order 

A No Contact order will be ordered in many cases, where you (the defendant) will not have any contact with the alleged victim. In most cases, because domestic violence is treated so seriously, the order will usually be extended to a victim’s home, their place of employment, and even to their children. Though this is a difficult situation, you should never break the order. Even if you happen to work in the same building with your spouse or girlfriend, or you have children with them, you should never violate it, because it will put you in a dismal position. Even if they tell you that they want to work things out and be around you, you should never break the order before the trial.

Why is it wrong to contact the alleged victim and break the order? You could end up facing serious penalties, such as being jailed or slapped with a fine for doing so. You could also essentially destroy certain aspects of your case, where the judge would have once listened to your side of the story. Even consensual contact, with given permission, is still a violation of the order and can quickly be held against you if the victim so chooses. It is a criminal act to break the order, and you want to avoid being charged with a new crime while you are already fighting domestic violence charges.

You need legal help if you want to successfully defend yourself in a case of domestic violence. We can spend time on your matters when you are facing charges even though you know you haven’t committed a crime. Call us for more information on how we can help.

The Differences in Being Charged on Federal and State Levels

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When you have been charged with a crime in California, no matter what the kind, it is important to seek legal advice so you can move forward with your case. If you have been charged with a federal crime, you will want to have representation that is familiar with these cases and the severe penalties you could be facing. These crimes are very different from one another.

To take a better look at both state and federal crimes, let’s look at some examples. The majority of crimes that take place today are state crimes. These crimes are investigated by a variety of people, from police officers, to state agents and county sheriffs. Some of the most common state crimes include assault, kidnapping, stalking, robbery, and homicide. However, those on a federal level are a bit different and involve different agencies like the FBI, DEA, IRS, and ATF. Some of the most common federal crimes include drug trafficking, immigration crimes, white collar crimes, and computer-related fraud.

How These Crimes Are Prosecuted

These crimes are covered under completely different systems with different judges for your case. Federal judges handle federal cases, while state court judges take care of state criminal cases. In federal cases, you will typically see all types of forensic evidence, which calls for help from a specialized federal attorney.

One of the main differences in these cases is the length of the sentence you could receive when the trial meets its end. Federal sentencing is used in federal cases, which consist of mandatory minimums. These are usually much lengthier than state sentences. Even if you have committed a federal crime that is similar to a state crime, the federal sentencing will usually be longer and harsher. Of course, the prisons are different as well. Whereas you may see more violent offenders in state prisons, those in federal prisons are usually non-violent offenders convicted of white collar crimes.

No matter what type of crime you are facing, it helps to have a criminal defense attorney on your side. We are able to help you with a variety of different charges and can help you get the best outcome possible. Contact us for more information.

Statistics on Juvenile Crimes and What Might be at Stake

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The Office of Juvenile Justice and Delinquency Prevention has compiled statistics on juvenile crime rates, understanding some of the common juvenile crimes that initially enter a delinquent into the system, and so much more. Here are some of the common statistics composed over the past few years:

  • In many regards, if you are a youth, you are more likely to be caught committing a crime than an adult.
  • As far as juvenile crimes are concerned, arrest rates have decreased over the years. However, they are still being committed, with some of the most alarming crimes included in this finding are aggravated assault and murder rates.
  • Drug abuse arrest crimes are at the top of the pyramid, increasing steadily since the 90s. They still have yet to drop.
  • The most common crimes that juveniles commit to this day include theft, simple assault, drug abuse, disorderly conduct, and curfew violations.

What’s at Stake 

The juvenile systems in many states include high turnover rates, with huge amounts of caseloads to care for. This leads to the court unfairly pushing people through the system without a second thought, at times. Many juveniles who are facing criminal charges will be told to accept a plea bargain before they even speak to an attorney, putting them in an uncomfortable position that could lead to adverse results. This can sometimes happen as well when public defenders are appointed to juveniles and do not meet with the juvenile until several days after charges are filed. This is why there is such a need for a juvenile to meet with a private attorney who can help them in all aspects and spend the necessary time with them to investigate their case, gather documentation, and evaluate what works best for them and their future.

Juvenile crimes can interfere with a young person’s ability to do many things in life that somebody would at their age, from applying for scholarships, to obtaining and keeping employment. This is why it’s a good idea to get started on your case as early as possible. Call us today for more information on how we can help you or your loved one.

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Have you been arrested?

While it is true that everyone makes mistakes, this fact is of little comfort when you have been arrested. An arrest could compromise your job, your social and familial relationships, reputation, literally life as you've known it. Since the government has the power to take away your liberty for a mandated period of time, possibly for the rest of your life, a vital first step after an arrest is to seek the counsel of a San Diego criminal defense lawyer who understands the courts and laws of our region. Criminal defense is definitely an area of the law you do not want to face alone or try to handle without assistance. No matter what the charge, a DUI, drug crime, internet crime or domestic violence, a professional criminal defense attorney will offer a free consultation.

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401 West A Street Suite 1420San Diego,CA92101
Phone(619) 357-4977Fax(619) 839-3745If you have been arrested we come to you.

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