The Law Office of Peter Blair

(619) 357-4977

Crimes of Moral Turpitude: What Does This Mean in Your Case?

By

moral turpitudeUsually, the phrase ‘crimes of moral turpitude’ will come up when somebody wants to obtain or keep a US green card but has committed a very specific crime. If you are somebody who has a visa or green card, you could suddenly become deportable if you commit one of these serious laws. But how are these crimes defined and what should you expect in your case?

Crimes of Moral Turpitude 

Crimes of moral turpitude are usually those where somebody acted with evil intent or they acted in a reckless manner, to the point where it harmed society. If the crime is morally wrong or perhaps did something nasty to another party, then it might fall into this category – but that is usually for the courts to decide.

There are many “CMTs” as our courts call them, which include some of the following:

  • Murder
  • Voluntary manslaughter
  • Rape
  • Spousal abuse
  • Incest
  • Child abuse
  • Kidnapping
  • Mayhem
  • Theft
  • Conspiracy

In the past, the former attorney general allowed immigration officials to look at the full record of a defendant. However, in 2015, things changed. Now, all courts and officials can consider is assessing whether or not a crime involves moral turpitude. They will look at the language of the specific criminal statute under which the person was convicted.

You have rights when it comes to your case. We want to ensure that you get the most out of your case and that you do not lose any rights and face deportation during a difficult time. Call us for more information today at the Law Office of Peter Blair.

“Right to Bail” – Do You Have a Right No Matter the Crime?

By

right to bailWhen it comes to any crime, you have probably heard what is ‘innocent until proven guilty.’ Many people think that they have a right to bail, but this is not always the case. Bail works to strike a balance between innocence and the need to ensure that a criminal will stay in one area while they are awaiting trial.

When the Right to Bail no Longer Exists 

Sometimes, there are ‘public safety exceptions’ and protective measures put in place that crush the right to bail. This means that, technically, a judge could deny bail altogether when it comes down to a dangerous crime. If the defendant is considered a danger to the public, it could mean that a defendant will not have the chance to be released on bail because of this.

In federal court, something called the ‘Bail Reform Act of 1984’ exists to ensure that a dangerous defendant is not let out of prison while they are awaiting their trial. The crimes that dictate this fall under:

  • Violent crimes
  • Crimes with maximum penalties of life in prison or death
  • Drug offenses with over 10 years in prison
  • Felonies involving minor victims

Judges consider many things when they consider if somebody should be permitted to have bail or not. Judges sometimes consider aspects such as the circumstances surrounding the charges, as every crime is different. They also look at the danger of the defendant, which means that they consider what crimes the defendant has committed in the past. They might also look at the strength of the case that the prosecutor has built against the defendant and how strong the case will be.

Yes, sometimes there is a right to bail. However, sometimes this right can be revoked. We want to speak with you as soon as possible when it comes to your case. Call us as soon as possible about your case at the Law Office of Peter Blair.

What You Need to Know About Mandatory Minimum Sentencing

By

mandatory minimum sentencingWhat is mandatory minimum sentencing and why do so many people have an aversion to the idea? Mandatory minimum sentencing laws have been put in place for crimes that judges are not able to lower. As you know, when you have plead guilty or are found guilty, the sentencing judge assigned to your case will decide your punishment. Punishments are always supposed to be proportionate to the crime, which means that you wouldn’t, say, spend ten years in prison over stealing a pack of gum from the store. This is considered outrageous.

Most of the time, judges choose to not adhere so strictly to the sentencing. Perhaps you were looking at five years for a crime but a judge believed that, since this was your first crime ever, you shouldn’t be sentenced so harshly. Many judges have discretion over these practices and can decide what seems fair and what doesn’t. Judges will take many factors into consideration, such as what role you actually played in the crime, if you hurt somebody through your actions, and your mental state at the time of the crime.

So, What Do Mandatory Minimums Do?  

If the crime you committed is covered under mandatory minimum sentencing, this changes things drastically. This means that the judge in your case loses most of the discretion in setting your punishment, which means that you will get at least the minimum sentence set in place by the law if you are found guilty. Even if the judge wants to be lenient with you, they have no discretion to do so and you have to “take what you get.” On top of that, if the judge decides to consider aggravating factors, you could see even harsher penalties on top of that.

Many of these crimes revolve around drug crimes. For instance, if you are found possessing 100 grams of heroin under the law, you will spend at least five years in prison. Even if a judge wants to give you less, they won’t be able to under the law.

We understand the ins and outs of mandatory minimum sentences and want to help in your time of need. If you believe that a sentence is unfair because you have not actually committed the crime or you have a valid defense, you may want to speak with us as soon as possible. Call us at the Law Office of Peter Blair to get started.

Are You Able to Have Your Federal Crime Expunged?

By

You may already know that you can sometimes have your record expunged for state crimes, the least serious of the crimes. Expungement is a process that takes place where your records are physically destroyed, but it is not always possible depending on the severity and circumstances of the crime. In most cases, the process takes place so that your record cannot be accessed in any way, which is a great way for people to move forward with their life, especially when they are looking for employment or housing.

Federal Crime Expungement: Is it Possible?

There are many types of crimes that could fall under federal law, from violent offenses like assault and kidnapping, to identity theft, arson, cyber crimes, and more. Because these crimes always seem to be charged so harshly, you may wonder if you can have your record expunged if you have committed one. Having one of these serious crimes on your record can have huge effects on your life, from where you attend college, to where you travel, to where you are able to live.

Here’s the bad news: For most federal crimes, expungement is not an option. Here’s the good news: There are some exceptions to this rule. A federal conviction may be a good candidate for expungement if a conviction is based on a law that ends up being unconstitutional later on, a judge finds that the conviction was the result of government misconduct, or you were convicted of certain drug possession offenses under the age of 21, and now you have no drug offenses. In some cases, instead of expungement, the court will accept record sealing, which is a different process.

Each state has approved guidelines for who is eligible for expungement. In many cases, non-violent, non-serious types of crimes will be dismissed under expungement, as long as a person meets all the other requirements. If you have been convicted of a federal crime years ago and want to see if you qualify for expungement, the best place you can turn is to an experienced criminal defense attorney. Call us today.

The Differences in Being Charged on Federal and State Levels

By

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

By

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.

What Sex Crimes Lead to a Sex Offender Registration?

By

Sex offender registry laws are covered by the California Department of Justice (DOJ) and state that all people who have been convicted of specific sex crimes must register as sex offenders with a law enforcement agency. When you have been convicted of a sex crime, you will be notified of your duty to register after your jail sentence or probation. Every year, you must update your information with local law enforcement and the website automatically keeps track of required updates, if you are in violation, and much more.

Crimes That Constitute Registration 

There are some sex offenses that are more common than others. These include the following:

  • Sexual conduct with a minor
  • Sexual assault
  • Child Molestation
  • Lewd and lascivious acts
  • Indecent exposure
  • Taking a child for the purpose of prostitution
  • Sexual exploitation
  • Incest
  • Kidnapping
  • Failure to register as a sex offender

Failing to Register 

Let’s take a look at that final crime mentioned: failure to register as a sex offender. If you fail to register, you could be convicted of a California crime for your failure. This happens if you have not registered every year within 5 working days of your birthday, or every time you move to a new address. If you knowingly evade registering even just one time, you will receive charges. An example of this is a college student who was convicted of statutory rape and then moves to a new city, but doesn’t tell anyone.

So how would you be charged for this crime? Well, it depends. If the sex crime that required you to file was a misdemeanor, then you will also receive a misdemeanor for failing to register, which could lead to a year in prison. However, if the crime was a felony, then you will receive a felony under California law. This could lead to months to several years behind bars.

If you have failed to register, we can help. Sometimes, you may have attempted to register but your information was lost. Sometimes, you may have been falsely accused of the crime. No matter what defense you want to bring in your case, we are here to talk to you and help you get the best results. Call us at The Law Office of Peter Blair today.

Felony Embezzlement and Penalties You May Face

By

Bail Bond: 1275 HoldHave you been charged with the crime of embezzlement? Embezzlement crimes take place when somebody entrusts their money to a defendant, but the defendant unlawfully converts ownership rights in an act of fraud to the true owner. The reason a defendant does this? To gain the money for their own personal use when they gain possession of the funds. What makes embezzlement cases different from theft is the fact that, in cases of embezzlement, a person is given lawful possession of the property, whereas in cases of theft, they stole it completely.

These crimes are white collar crimes that are considered very serious under California law. In many cases, you will see a misdemeanor charge if small amounts of funds are stolen, such as less than $2,500. However, if you steal over $2,500 in funds in your crime, you will be charged with a felony, which is an enhanced type of crime that could earn you more time in prison, larger fines, and restitution to victims.

Penalties 

If you have been charged with felony embezzlement, you could see penalties that will affect you for a long time. Depending on your state, you could see years in prison and thousands in fines, such as $1,000 and 1-3 years for a Class I Felony, or $5,000 and a sentence of 5 years for a Glass G. Not only could you have a criminal case brought against you, but it could also lead to a civil lawsuit if the victim decides to sue.

Many of these penalties depend on a variety of factors. These include the severity of harm, aggravating circumstances in your case, prior convictions you have received, whether or not you are currently on probation, or the violence used in the crime.

The legal system surrounding these crimes can be complicated, which is where we come in. If you have been charged with a misdemeanor or felony white collar crime, regardless of severity, it is always helpful to have an attorney because these crimes can affect you for the rest of your life. Call us today for more information on how we can help.

What You Should Expect at Your Bail Hearing

By

A bail hearing can be a stressful scenario that makes you wonder what will happen next in the trial process. The judge assigned to your case will look at many aspects, especially the nature of your charges and how serious they are. They will also take a close look at any evidence that has been used against you and the danger that you could pose to the community around you, and this will be considered as they question whether or not you should receive bail.

What if You Are Determined to be a Risk? 

A lot can happen if you are determined to be a risk to the community. If you are found to be a risk, then in most cases, you will be held without bail. In other cases, you could be released on personal recognizance if you promise that you will stay out of crime’s way and will not commit any crimes during the period of your release. Because, if you do, you could be charged harshly by the court the next time around.

Perhaps the court has assessed your risk and found that you are unsafe or that you may fail to appear based on past circumstances. In these cases, a number of conditions could be imposed to ensure that you will stick around. Some of these include limiting travel, maintaining employment, undergoing treatment, complying with a curfew, refraining from alcohol use, complying with periodic check-ins with authorities, executing a bond agreement, and more. And, if the court believes that you should not have been given bail because you are a flight risk or an immediate risk to the community, a bail appeal could occur.

As you can see, there are a variety of bail situations that could occur in your case depending on the crime and how severe it was. Because of this, it helps to have a defense attorney on your side. We have experience in these cases and can help you in your time of need.

Life Imprisonment: The Crimes That Could Lead to a Sentence

By

A report was issued in summer 2017 stating that one in every seven state or federal prisoners across the country are involved in a life sentence. California, in 2016, was in a tie with Utah in regards to numbers. In California, you can also see the highest number of juveniles sentenced to life in prison, at over 3,000. So what do you think of when you hear the term ‘life sentence’? Your mind is probably automatically redirected to those who commit crimes of murder or rape, the most violent crimes. However, the reason why so many Californians are serving life sentences for crimes is because there are many enhancements attached to crimes, making them eligible for life sentences.

However, research also shows that out of 2,200 of the inmates who have been serving life sentences in California over the past few years, have been paroled within five years. What does this mean? This shows that ‘life’ doesn’t actually mean ‘for life’ in the criminal justice system. In just 2009 alone, an astounding 221 lifers were released from prison or parole, forever changing the way that Californian’s see “life in prison.”

What Could Lead to a “Life” Sentence? 

Regardless of the chance for parole, many people in California continue to receive life in prison for their serious crimes. What are some of the crimes that can lead to these sentences? Typically, they are reserved for the offenders who have inflicted great harm on others or are considered to be dangerous within society.

If you have been charged with murder on any level, from aggravated murder to felony murder, you will typically see life in prison. These crimes occur when a defendant took the time to plot and plan their crime before committing it, which leads to intent and severe consequences. The same can be said in murder cases where there was no intent, because the offender was exceptionally brutal in their killing and used a weapon to do so.

You may also see life in prison for such crimes as sexual battery and rape where people’s lives are risked and forever changed, high treason during war time, and other extremely violent situations like kidnapping, human trafficking, or drug trafficking, depending on the circumstances. If you are a leader of a gang or have repeatedly committed the same crime again and again, a life sentence could be imposed. Because it can be difficult to assess whether or not you could receive a life sentence for your crime, you should always let an experienced defense attorney handle your case. Call us today for more.

Recent Post

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.

Office Location

Available 24/7 Don't Wait Call Us NowThe Law Office of Peter Blair
401 West A Street Suite 1420San Diego,CA92101
Phone(619) 357-4977Fax(619) 839-3745If you have been arrested we come to you.

Follow Us