Top Indio Criminal Defense and DUI Attorneys

In a domestic violence case, the alleged victim cannot simply drop the charges, as the decision to proceed with prosecution lies with the prosecutor. Under Penal Code section 1219, an alleged victim cannot be jailed for refusing to testify. Additionally, a witness who lied to police may invoke the 5th Amendment and refuse to testify.

However, these strategies can have complex implications, and whether they’re the right move depends on the specifics of the case. It's essential to thoroughly review the situation with an experienced attorney before making any decisions. Your lawyer can help determine the best course of action to protect your rights.

First and foremost, remember that the police are not on your side, and giving a statement without first consulting an experienced domestic violence defense attorney is a serious mistake. Do not speak to law enforcement until you've had legal guidance.

Next, preserve any important evidence—such as text messages, photos, or social media posts—that could support your defense. Take screenshots and save them in a secure cloud drive that can be accessed later by your attorney.

Finally, consult with an attorney as soon as possible. Early mistakes in an investigation can seriously harm your case down the line, so it’s critical to have a skilled lawyer on your side to protect your rights and help you navigate the process effectively.

Domestic violence charges should never be taken lightly. Even misdemeanor charges under Penal Code section 243(e)(1) (with no injury) can lead to significant consequences, including:

• Jail time

• Probation

• 52 weeks of mandatory batterer’s intervention classes

• Loss of Second Amendment rights (the right to possess firearms)

• Deportation for non-citizens

• Loss of child custody

In more severe cases, such as felony domestic violence charges, the consequences can be even harsher, potentially leading to a sentence to state prison. The long-term effects can be life-altering, so it’s crucial to seek legal counsel and understand your options as early as possible.

First and foremost, never make a statement to the police. Their goal is to gather information that could lead to a conviction, and anything you say can be used against you. Do not talk to police without speaking to an experienced attorney first.

Next, preserve any evidence you have. Take screenshots, save digital messages, photos, or any other relevant evidence in a secure cloud drive that can be accessed later. Be aware that your phone may be taken as evidence if you are arrested, so make sure to back up important data beforehand.

Finally, contact an attorney as soon as possible to guide you through the process and protect your rights. The sooner you take action, the better your chances of building a strong defense.

In California, the statute of limitations for most sex crimes is 10 years from the date of the alleged offense. However, for more serious charges, such as rape or child molestation, the statute of limitations can extend until the alleged victim turns 40 years old.

This means that, in some cases, you could be prosecuted for accusations that are many years old. It’s important to understand the specific circumstances of your case and consult with an experienced attorney to evaluate your options and protect your rights.

Yes, in sex crime cases, the alleged victim’s statement alone can be enough for the prosecution to move forward with charges. Corroborating evidence is not required for the case to be brought to trial.

This can make sex crime accusations particularly challenging, as the case may rely heavily on the testimony of the accuser. However, a skilled defense attorney can challenge the credibility of the statement, examine any inconsistencies, and work to uncover facts that may weaken the prosecution's case. It’s critical to have strong legal representation to protect your rights and fight back against false accusations.

Yes, in cases involving possession for personal use, you may qualify for Penal Code section 1000 diversion, which allows you to complete a rehabilitation program instead of facing criminal penalties. Depending on the circumstances, a judge might offer a more flexible diversion option, such as taking an online class under Penal Code section 1001.95.

However, prior convictions or charges involving possession for sales typically disqualify you from diversion programs. If you successfully complete the diversion program, your case will be dismissed. It’s important to work with an attorney to determine your eligibility and the best path forward.

Maybe. Rehabilitation instead of jail or prison can be an option, especially for serious offenders with a history of addiction. However, the decision ultimately lies with the judge, who will evaluate the specifics of your case, including your criminal history, the nature of the offense, and whether rehab is a viable alternative to incarceration. It’s important to work with a skilled attorney who can advocate for rehabilitation and help present your case in the best light possible.

Selling drugs, particularly fentanyl, carries serious penalties, including potential state prison time. For a first offense, a seller might be offered probation, but repeated convictions for selling drugs, especially fentanyl, will likely lead to a state prison sentence. The severity of the penalties reflects the dangerous nature of fentanyl and its potential for harm. If you’re facing charges for selling fentanyl or other drugs, it’s crucial to consult with an experienced attorney to explore your legal options and protect your future.