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Indictments: How do They Work in the Criminal System?

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indictmentsWhat is an indictment? You’ve been swept into the criminal justice system and now you wonder what to expect in your case, but you hear all these terms being thrown around and don’t know what to expect. Indictments are the formal accusation that takes place against an individual who is suspected of committing a crime. Indictments tend to be obtained for felony charges, some of the harshest crimes you can be charged for.

You might not have known it before, but an indictment against an individual can be obtained before an arrest is actually made. An indictment is a product of sworn testimony. They tend to hold real weight in court.

How the Indictment Comes Into Play 

If an indictment is to be brought against an individual, the prosecutor must make their case to the grand jury. The grand jury is responsible for many things, such as reviewing the prosecutor’s evidence against the individual. They are able to determine if the prosecutor had the probable cause to bring the case in the first place.

When these proceedings take place, there is no judge involved in the process. The grand jury will work to review the case and at least 12 of the grand jurors must vote to approve the indictment. If it moves forward, the case can be brought to court. It doesn’t, however, mean that the defendant is automatically guilty.

After the indictment has been approved, the judge will seek the defendant in an arraignment. The arraignment is the hearing that takes place before a judge to determine the charges that are being brought against the defendant. From there, you will be able to make a plea bargain with the prosecutor or move forward to a jury trial.

As you can see, this can become a complicated process and you might need help on your side. We want to help you every step of the way at the Law Office of Peter Blair. Call us for more information.

Juvenile Delinquency vs. Dependency: What’s the Difference?

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juvenile delinquencyIn California, many cases sprout up over the course of a month that involve children. When it comes to criminal defense cases, you might see a lot of cases that revolve around juvenile delinquency vs. dependency. These cases have moved to an all-time high over the past few decades. Because of this, many judges might have more cases than they bargained and might not be able to touch base on every case that pops up in a short amount of time. Today we want to focus on the juvenile delinquency and dependency cases that might pop up, and why it matters to get the best results for your family.

Juvenile Delinquency vs. Dependency 

When it comes to juvenile delinquency cases, they revolve around minors who are between the ages of 10-18 who have committed a crime. They will go through an adjudication process where they will receive a disposition and sentence. Juvenile cases get started by a prosecutor, who filed a civil petition and charges the delinquent. The court will then rule on what they believe to be a ‘just’ and fair punishment.

Juvenile dependency cases are a lot different. Many children in these cases will arrive to court when their parent or guardian has not been taking care of them. The court has to make a difficult decision to remove a child from a home or not. Many people believe that these cases go hand-in-hand with juvenile delinquency cases, because sometimes case workers are alerted to issues at hand when crimes have become prevalent. Though this is true, they are also very different as you can now see.

If you are dealing with a juvenile-related case and need a good defense team on your side, look no further than the Law Office of Peter Blair for the help you deserve. We care about the outcome of your case and want to hear from 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.

If My Case is Dismissed, Does This Mean I Have No Criminal Record?

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criminal recordIf your case is dismissed, this must surely mean that you have no criminal record – right? You were not found guilty of a crime in California and you’re ready to move on with your life. However, as much as you would love for things to work that way, they usually don’t. There is a big difference between a conviction and a criminal record.

Many people believe that, just because their charges were dismissed, they have no official criminal record. But this is not fully true. A dismissal means that a conviction has not occurred yes, but you will still have your record placed onto the Board of Probation record within your state. Anytime that you have been arraigned on a criminal charge, even if your case is dismissed, the charges will show up on that record. The unfortunate truth is that, because of this creation of a record, employers and landlords may not want to hear more about why you have received a conviction and may refuse to listen to your side of the story even further. This means that you could still be denied that home you wanted, or that job that you want. The creation of a criminal record to any extent is enough to create damage in your life.

Working Out an Exchange in Court 

Many people who have been accused of a crime will show up at court and work out an agreement with a prosecutor. The prosecution in your case may try to work out a dismissal based on the premise that you will perform community service or pay restitution to the victims of your crime. This does not automatically mean that you are “off the hook,” so to speak. The charge will continue to remain on your record until you file a petition to have the case sealed. This means that you could be carrying a big burden around for some time, which nobody wants to have to deal with.

Now that you understand your criminal record and how charges could still show up on said record, you may want to move forward with sealing your record, so you should talk to an attorney immediately to find out if you qualify to do so and how this process works. At the Law Office of Peter Blair, we have experience with these types of cases and can help in your time of need. Call us today for more on how we can offer a helping hand.

Prosecuted for Domestic Violence Even if the Victim Won’t Testify?

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domestic violenceYou’ve been accused of domestic violence and you know you haven’t committed this heinous crime, or some of the aspects you’ve been accused of. If you have been accused of domestic violence against your spouse, you may be worried that the case will be turned around on you and that you won’t receive the results you were hoping for. Sometimes, the theory of ‘marital privilege’ comes into play, which means that your spouse may not be forced to testify against you in trial if it means that your relationship will be destroyed due to the testimony.

If a victim refuses to testify against you, you may wonder if you will be prosecuted for domestic violence. The truth is, yes, a prosecutor can still move forward and prosecute you even if the victim refuses to give their testimony. However, it depends if there is enough evidence for them to move forward on their own. For instance, did the police arrive at the scene and find that the victim had bruises and took photographs of any injuries on their body? Maybe the witness who lived next door heard a fight happening and that was the reason why the police were called. These are bits of evidence that may be used against you in a case even without testimony from your spouse.

Will Prior Convictions Come Into Play?  

If you are a defendant in a domestic violence case and the victim will not testify against you, you may worry that your past convictions will be brought into the case. Perhaps you have once been arrested for a crime of violence against another but you did not commit domestic violence this time. How will this look to the court? Your past may become relevant in a case if you have prior convictions of domestic violence and, unfortunately, the prosecution may be able to bring this information forward to a judge.

You could be left in an uncomfortable position if you have been accused of domestic violence. If there is evidence that is consistent with domestic violence, a case may be able to continue even if the victim won’t testify. However, without a statement from the victim, it is also very difficult to move forward with a case. We want to help you if you have been accused of a serious crime of domestic violence and you are unsure of how to move forward. Call us today at the Law Office of Peter Blair for more information.

How Long Can I Be Held Before Charges Are Filed?

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You have been suspected of a crime, and the police showed up at your home in the middle of the day. Before you know it, your life is turned upside-down and you’re being whisked off to the police station, wondering when you’ll be able to clear things up for a crime you know you didn’t commit. Being arrested is one of the scariest and most confusing things you can ever go through, and the longer the police hold you in custody, the more confusing things get. Fortunately for you, the police can’t hold you forever. In fact, state laws and the Constitution itself dictates these laws.

Your Right to a Speedy Trial

The Sixth Amendment of the U.S. Constitution guarantees the right to a speedy trial. But what is a speedy trial and how speedy is this? A “speedy trial” refers to the amount of time that the court is permitted to take waiting on trial after they arrest a defendant. This means that they can’t make you sit in a jail cell for weeks while you await trial. Usually, state laws determine how long this can be. As a general rule, this will usually be about 72 hours after charges are filed. One of the reasons for this is because of the anxiety and publicity that you could face after you have been charged formally.

What the Prosecution Will Do

In your case, the prosecutor will take a look at the events surrounding your case and make a decision on what charges should stick. Sometimes, you may be charged with one crime, but end up charged with a completely different crime by the time the trial is over. This is because of evidence that the prosecution will listen to along the way. If the prosecutor decides that he doesn’t have enough evidence to bring charges within the time limit, then legally you must be let go.

When you believe you are being unlawfully held for a long amount of time, you have the right to a writ of habeas corpus, which is an order issued by the court that instructs police to bring you to court so that a judge can decide if you are being held for an unlawfully long time. If you believe this is so, you have a right to speak to your attorney as soon as possible. Call us at The Law Office of Peter Blair to find out how we can help to ensure that your rights are not being broken.

When the Prosecutor Uses Misconduct in Your Criminal Case

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Prosecutors are under a great amount of pressure when it comes to the criminal justice system. That is why, those who are facing charges, commonly say they “moved through the system quickly,” because prosecutors use care in these cases and attempt to use their best judgment to get quick results and sentences that make sense for the crime. However, if you are on the other end and you are a defendant who is facing charges, you want to make sure that you are getting the fairest treatment with your case. If you believe that a prosecutor has acted unethically and used unfair tactics to arrive at your sentence, you must speak up to your attorney immediately. Today we will look at some ways that prosecutor’s misconduct occurs.

Misconduct by the Prosecution

Wrong Suspect: Sometimes, prosecutors work so quickly to move criminals through the system, that they focus too closely on a suspect even though evidence points to someone else. This doesn’t help if you haven’t actually committed a crime, but you are being blamed for it anyway. Prosecutors operate in the public eye, which means that they devote a lot of resources toward their “best bet” suspect, which is not always the right person in the end. This actually leads to a wrongful conviction in a variety of cases.

Fabrication of Evidence: Perhaps evidence has come into play, and the prosecution suppressed it. If a prosecutor believes that someone committed a crime even though they didn’t, and evidence later points in another direction, they may wrongly decide to suppress the evidence to make themselves look better and without mistake. They may even go to the lengths of hiding evidence or destroying it in some cases, which is illegal. 

Unreliable Witnesses: Sometimes, a prosecutor relies on unreliable witnesses. Sometimes this means that they will invest in the word of jailhouse informants who are available to deliver the most damaging evidence against a person, even if it is false. In most cases, these people are not telling the truth and only want to help themselves.

How We Can Help 

If you believe there was misconduct by a prosecutor in your case, you want to be able to prove it, which is where an experienced attorney comes in. If you believe that you have reliable evidence and need help with your case, give us a call today. We can help you every step of the way and get you the best results. At the Law Office of Peter Blair, we care about your case.

What is the Burden of Proof and How Does it Apply to Trial?

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The burden of proof is the standard that a party must show to prove a fact in court. In criminal cases, it refers to the defendant’s guilt and whether or not the prosecution can show it. At the end of the trial, after the prosecutor has shown evidence backing their claim, the jury or judge will decide whether or not the prosecution has proved its case “beyond a reasonable doubt.”

What the Prosecution Must Show 

The job of the prosecutor is to produce every bit of evidence they have on every element of the charged crime. Take this for example: The prosecutor believes that you stole something and you have been charged with theft. However, they are unable to provide any evidence in the case. If they are not able to do so, the judge will acquit the defendant.

Before a prosecutor takes the case in front of the judge, they will almost always ensure that they have evidence of every aspect. The theory of proving something “beyond a reasonable doubt” is provided in the U.S. Constitution.

What a Defendant Can Do

If the prosecution has proved every element of the crime and shown that a defendant has most likely committed the crime, a defendant has the choice to show why they should not be convicted. Their reasons are known as “affirmative defenses” and include things like self-defense, necessity, and insanity. However, the defendant will have to show evidence backing up why they committed the crime.

In most of these cases, the defendant not only has to produce evidence, but also the burden of persuasion. These cases can become very complicated. If you have been charged with a crime but you believe that you had a valid defense in your case, talk to us today. We can help you through the difficult steps and help you get results in your case.

Drug Trafficking a Major Issue in the State of California

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Just this past week, Senior U.S. and Mexican government officials discussed the state of California’s drug trafficking problems and agreed to work together to fight international drug trafficking organizations and criminal enterprises across the border. This has been a growing issue in California for many years. When people think of drug trafficking, they think of major organizations, but this is not always the case – some cases of trafficking take place on a much smaller level. If you have been arrested and charged with drug trafficking, this means that you have participated in a crime of selling, transporting, or illegally importing unlawful controlled substances. Some of the most common drugs include heroin, cocaine, marijuana, and more.

How the Prosecutor Makes a Case 

Sometimes, making a case can be more difficult than you may think, which is good news for your case. Drug trafficking and drug possession go hand in hand, as they require you as the defendant to understand that you possessed an illegal substance. If you had no idea that you had the drug on you, then you can’t be charged with this crime. If the prosecutor in your case can show that you sold, transported, or imported the drug, then your crime would be charged as a felony. Your case will look like a drug trafficking event if they found certain paraphernalia on you when you were arrested, such as a scale or business cards.

Penalties 

Drug trafficking, of course, is different from drug possession in the way that it is charged harshly. If you have been arrested and charged, you could see both state and federal charges. Depending on the drug you possessed, the penalties could be harsher. For instance, you may not be charged as harshly for trafficking marijuana than you would heroin. If the prosecution decides to tack on an enhancement, your crime could be considered even more serious. This could, for example, happen in a case where you sold drugs in a school zone.

Have you been charged with the crime of drug trafficking? This crime is extremely serious and you could risk years in prison and huge fines. Because of this, we want to help. Call us today for more information.

The Stages of Money Laundering and Defenses to Use

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When you engage in the white collar crime of money laundering, you are participating in a particular crime that includes disguising proceeds from financial transactions to show where the money actually came from. Every day, people are caught money laundering because law enforcement officials are constantly on the lookout for these crimes taking place. If you have been charged with money laundering, you probably know that you are facing large fines and other penalties, such as time in prison. Today we will discuss the stages of money laundering and defenses you may be able to use.

Stages of Money Laundering 

Placement: This stage happens when finances hit the system to be used and be hidden. In many cases, people take the money that they got ahold of illegally and they transfer it in ways that will offer them security, even if it’s illegal. Financial officials are always looking for suspicious transactions, making this the riskiest time. 

Layering: This happens when money is separated from its original source and put into different areas. This usually includes moving the money between various countries.

Integration: This, the final stage, involves getting the funds back from what looks like a reputable source, keeping it under the radar. A criminal will do anything to avoid detection in this stage of the crime.

Defenses to Money Laundering 

Lack of Evidence: Perhaps the prosecutor does not have enough evidence against you to convict you of the crime. If they cannot show that you received the money illegally, then you cannot be convicted. 

No Intent: Did you intend to take the money from illegal sources and then hide this information? If the prosecution can’t prove that you were aware of the source of the illegal funds, then your case won’t be successful. 

Duress: Duress occurs when you have been roped into money laundering through threats. You may be able to use this as a defense.

As you can see, money laundering is extremely complicated and is always handled delicately because there are many factors to prove in these cases. Call us for more information on how we can handle your money laundering case and what it means for you, depending on the circumstances.

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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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