Client charged with 2nd time DUI along with a willful refusal to submit to any testing. Client hired me after she had been incarcerated for approximately 2 weeks. Client was still on probation for first DUI. Court had previously warned Client that if she were to be convicted for another DUI while on probation, court would … Read more
Client was charged with first degree murder. He, along with 2 co-defendants, was accused of killing the victim while at a house party. Specifically, the prosecution alleged that the defendants were involved in a fight with the victim. During the fight, the defendants allegedly kicked and stomped the victim to death. Upon extensive negotiation with … Read more
Client was charged with first degree murder after she was arrested for stabbing the father of her child during an altercation involving his alleged infidelity. Client served our country as a member of the military for nearly ten years. This was another high-profile case that garnered widespread media attention. Client was facing 25 years to … Read more
Client was charged with hit and run involving the death of another. Client, a college student, was driving down a windy road in Del Mar when he struck a man who was riding his bicycle in the middle of the night. This was a case which garnered extensive media attention. The government alleged that Client … Read more
Client was a Marine who was charged with committing an assault with force likely to produce great bodily injury. In addition, the prosecution had alleged that great bodily injury had been inflicted upon the victim. Client and his co-defendant were in the Gaslamp area of San Diego on a weekend night. Prosecution alleged that Client … Read more
Client was charged with felony criminal threats and felony assault with a deadly weapon or force likely to produce great bodily injury. Client, along with his father, were charged with threatening to kill their neighbor and assaulting a former neighbor. Prosecution alleged that Client and his father ganged up on the former neighbor and that … Read more
Client was charged with felony assault with a deadly weapon, domestic violence offenses, and making criminal threats, which is a strike. Client was a licensed attorney; any conviction could affect his future ability to practice law. After defense investigation, I met with the deputy district attorney to discuss the case. After extensive discussions, the prosecution agreed to … Read more
Client was arrested for possession of controlled substances and being under the influence of a controlled substance. After providing consent to search the vehicle, officers found methamphetamine, heroin, and numerous prescription pills. Officers also located foil paper with residue indicating recent use of the controlled substances. After extensive negotiation with the prosecution, Client did NOT … Read more
Client was talking to his girlfriend in his vehicle, which was parked legally on the street. A police officer approached him and blocked his vehicle from leaving. The police officer asked him what he was doing and asked Client if he had anything illegal in his car. Officer proceeded to search Client’s person and vehicle. … Read more
Client was charged with possession of cocaine and methamphetamine for purposes of sale. The prosecution alleged that Client sold cocaine and methamphetamine to another while at a local nightclub. Client had a previous arrest for possession of controlled substances for sale. After in-depth defense investigation and negotiations, Prosecution agreed to NO jail time for client. … Read more
Client was charged with possession of drugs for sales. Prosecution alleged that he was in possession of nearly 20 grams of controlled substances and that he possessed it for purposes of sale. Client served no jail time; instead, he was ordered to complete days of public work service.
Client charged with being under the influence of a controlled substance. He was looking at a minimum of 90 days in custody and registration as a narcotics offender. Upon defense investigation, I was able to convince the prosecutor to drop the charges. Case dismissed.
Client was charged with multiple counts of drug possession while armed with a firearm and theft related offenses. Prosecution was adamant that my client deserved a significant amount of time in prison. After advising my client to attend residential rehabilitation among other efforts to show that she was trying to improve her life, I was able to … Read more
Client was charged with multiple robberies and gang enhancements. There were 2 alleged victims in the case. The defense with respect to one of the victims is that my client was wrongfully accused based upon cross-racial mistaken identification. Upon zealous cross-examination and after the case was presented to the jury, the jury voted NOT GUILTY … Read more
Client was accused of committing a robbery at a check cashing business. The prosecution alleged that Client had robbed a woman who was opening the check cashing business in the morning. There were a number of witnesses who allegedly observed the incident. Prosecution was unable to prove their case beyond a reasonable doubt and the … Read more
Client was charged with battery while on felony probation for multiple robberies with gang enhancements. Once the probation violation was alleged, the gang deputy district attorney wanted the client to serve approximately 20 years in prison. After significant and time-consuming negotiations with the deputy district attorney and gang detective, I convinced the prosecutor to agree to no jail … Read more
Client was charged with multiple counts of rape and sodomy of an intoxicated and unconscious victim. Client was a college student who allegedly committed these acts at a house party near a local college campus. The prosecution maintained that the complaining witness was drugged while at the party and that Client forced himself upon her … Read more
Client, a teacher and coach, was charged with several sex crimes involving an inappropriate relationship with a student. Client was charged with arranging a meeting with a minor for lewd purposes, among other offenses. After lengthy negotiations with the prosecution, Client was sentenced to no incarceration in jail and a grant of probation.
Client was charged with committing numerous lewd or lascivious acts with a minor. Client met the victim online and they began a relationship. Once the minor’s mother discovered the extent of the relationship, authorities were notified and Client was criminally charged. These types of cases rarely settle for anything less than prison. Although Client was … Read more
Client was a former female fifth-grade school teacher who was charged with 14 counts of lewd and lascivious acts on a minor and 3 counts of statutory rape. The prosecution alleged that my client had engaged in child molestation concerning two of her former male students. If convicted, my client was looking at more than … Read more
Client was charged with arranging a meeting with a minor for lewd purposes. Client was exchanging text messages and emails with an undercover officer who he allegedly believed to be a minor. The prosecution argued that the Client intended to engage in sexual intercourse and oral copulation with a person whom he believed to be … Read more
Client was charged with several counts of lewd or lascivious acts on a minor who was under 14 years of age at the time of the alleged incident. The prosecution argued that Client, a sports coach, groomed the victim and initiated an inappropriate relationship with his student. These types of serious charges and allegations very … Read more
Client hired me to defend against a temporary restraining order. The petitioner (the person who filed the temporary restraining order against client) alleged that my client had forcefully raped her on numerous occasions. After I cross-examined the petitioner, in addition to presenting defense witnesses, the court did not believe that the petitioner had met their burden of … Read more
Client was served with a temporary restraining order. The respondent alleged that Client was harassing her and the rest of her family. The case was unable to reach mediation or settlement between the respondent and my client. After testimony was presented during trial, the judge did not grant the restraining order and the case was dismissed.
Client filed a temporary restraining order against her ex-husband three times. The first time, Client decided not to go forward against her then husband. The second time, Client petitioned the court for a permanent restraining order against her ex-husband. I was not her attorney at the time. After a trial, the Court did not grant … Read more
Client was served with a temporary restraining order. In response, I advised her that we should file a cross-temporary restraining order against petitioner. Our cross-temporary restraining order was granted. Upon being served, the petitioner decided to drop the case and not proceed with the hearing. The restraining order was dismissed.
Client hired me to file a temporary restraining order against a person who was stalking her. After hearing, the court granted the permanent restraining order.
Client was charged with possession of counterfeit money. Client was at risk of losing his taxi cab license if he were to be convicted of a felony. Client was apprehended by law enforcement because he happened to be standing next to a vehicle which was getting pulled over for a traffic violation. Upon police contact, … Read more
Once the jury has been selected (we will make sure that a favorable jury is chosen — this is very important), opening statements are made and the trial commences. Throughout the proceedings, an experienced DUI defense attorney will make appropriate objections at timely moments to raise doubt and weaken the prosecution’s case.
Since the burden of proof rests with the prosecution, the prosecutor is allowed to make an opening statement and call witnesses first. Typically, the prosecution will first call the arresting officer to testify. Once the prosecution is finished, the defense attorney is allowed to cross–examine the witness.
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California has a different set of punishments for the same offense. A first conviction may include probation and a license suspension for as little as 30 days. If you refuse a blood alcohol test, you may be punished more than if you had taken and failed the test. In some cases, the punishment is twice that of a DUI conviction. For a second and third offense, the number of days the suspension is in effect increases. Your license may be revoked. If a fatality results from an accident in which the driver at fault is found to be legally intoxicated, then the driver may be charged with a felony requiring mandatory jail time.
A DUI conviction is often accompanied by many hidden costs, monetary and otherwise. According to the Automobile Club of Southern California, the total cost of a first offense DUI conviction is over $12,000, but there are also serious personal and professional repercussions if convicted such as jail time, probation, loss of driver’s license, and more.
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When a person is arrested on DUI charges, the DMV will impose its own penalties separate from those the courts impose. These penalties (license restrictions or suspensions) are mandatory, and court proceedings will have no bearing on what the DMV chooses to do regarding your driving privileges until a verdict is reached. The DMV will make its own choices based on the evidence you present. A skilled DUI attorney will be able to help you successfully defend yourself and maximize your chances of retaining your driving privileges until your case is over, in addition to helping ensure that your criminal court proceedings have the best possible outcome.
At the DMV hearing, a hearing officer will render a judgment based on all the evidence presented. Many issues are discussed at the DMV hearing, including:
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The first court appearance a defendant will have to make for a DUI is usually the arraignment. At this point, the defendant’s case will not even be discussed.
At the arraignment, several things will happen:
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There are a number of factors that must be considered if you are charged with a DUI. The conduct of the arresting officer, the legality of your arrest, field sobriety tests, proper functioning test equipment, and correct handling of your evidence are just a few of the issues that can be raised during legal proceedings by your criminal defense lawyer.
In many situations, it is possible that several of these factors could work in your favor and result in the dismissal of your case.
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It’s important to know your rights should you be pulled over for suspicion of Driving Under the Influence (DUI) in San Diego County.
Here are some key points to be aware of during a traffic stop:
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California Penal Codes (PC) 266h and PC 266i, pimping and pandering, are very serious charges that carry extensive consequences. They are closely related to prostitution under PC 647(b). However, the penalties for pimping and pandering are more severe. Pimping and pandering are often charged together because they are so closely related. However, they are two distinct crimes that require some delving into in order to help differentiate them.
What is the difference between Pimping PC 266h and Pandering PC 266i?
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California law defines the act of prostitution as offering or agreeing to lewd and/or sexual acts with someone in exchange for monetary compensation or other considerations. These other considerations can mean other goods and services such as exchanging sex for heroin or other illicit drugs.
Cases of prostitution and related charges are often aggressively pursued because of pressure from the political and social atmosphere. Due to this pressure, local law enforcement agencies tend to invest significant resources in creating vice squads. So, if you are facing possible charges under PC 647(b), prostitution or related charges, finding a top notch criminal defense lawyer is highly recommended to protect your rights.
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Facing charges of assault with a deadly weapon can lead to the worst possible outcome if you do not retain the right criminal defense attorney.
Are you facing either a misdemeanor or felony counts for California Penal Code 245(a)(1): assault with a deadly weapon and are located in the greater San Diego area, Los Angeles, or Orange County? If that is the case, then finding a San Diego criminal defense lawyer is imperative when trying to keep control of your rights and your freedom.
How Does California law define assault with a deadly weapon?
Under California Penal Code 245(a)(1), assault with a deadly weapon also referred to as AWD, is when an assault is committed towards another person with either a deadly weapon, or another instrument that is not a firearm, or with a force that is likely to result in great bodily injury.
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Elder abuse is also referred to as senior abuse and California’s elderly abuse law is defined under Penal Code 368. It prohibits abusive behaviors directed at an individual(s) sixty-five years old or older. The following actions and behaviors illustrate what elderly abuse is:
Inflicting physical abuse; causing an elderly person unjustifiable physical pain or injury,
Inflicting emotional abuse; causing mental suffering to a senior through unjustifiably isolating or ridiculing them,
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Facing charges of attempted murder is very serious and in the state of California, the penalties can include life in prison. Since it is considered such a serious crime that comes with life-changing consequences, it is highly-recommended that you find the best criminal defense attorney to help you face such charges.
California law defines attempted murder under Penal Code (PC) 664/ PC 187. Under PC 664/PC 187, attempted murder is when you:
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Defendants charged with murder in San Diego cannot afford to delay in hiring an experienced murder defense attorney. Although California has not executed an inmate in many years, the state of California does not prohibit the death penalty. In fact, California has more than 700 prison inmates waiting to appeal their death sentence, while they sit in prison on death row, according to the U.S. Department of Justice. A conviction of murder in California – depending on a variety of factors – can indeed lead to the most severe penalties in the state, to include execution.
Murder is specifically prohibited by California Penal Code 187, and is further defined in subsequent Penal Codes (188-197). California Penal Code 187 reads:
187. (a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
187. (b) This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:
Per California Penal Code 189, Murder of the First Degree (AKA First Degree Murder) is defined as:
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If you or someone you know is facing indecent exposure charges and are not sure what to do next, then contact a criminal defense attorney right away. The consequences you face depend on the situation and your criminal background history. Indecent exposure can be charged as a misdemeanor or felony and carry penalties that will follow you for the rest of your life. The right legal representation can help you understand if your rights were violated and help achieve the best possible outcome.
Under California’s Penal Code 314 PC, indecent exposure is considered a sex crime and can cover a broad number of situations. California’s Penal Code 314 PC is defined as exposing your genitals to another person(s), with the motivation to sexually gratify yourself or to offend another person. Exposing your private parts in a public place can be considered indecent exposure and covers the genitals, posterior, and breasts.
Examples of who can be charged with PC 314 Indecent Exposure
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Facing charges for sex offenses can be a critical situation that could significantly impact your life. When presented with such charges, you can increase your chances of gaining the best possible outcome by finding the right criminal defense attorney. If you are facing charges of California Penal Code 261.5, statutory rape, the following information could shed some light on the situation.
What is Statutory Rape, Penal Code (PC) 261.5?
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Facing charges of domestic battery can have serious consequences and retaining strong legal representation will help. Domestic battery charges are commonly filed in addition to other domestic violence crimes. It is not recommended that you choose to face these charges alone, hire an aggressive criminal defense lawyer to fight on your behalf.
California’s Penal Code 243(e)(1) PC domestic battery is defined as:
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Being charged with rape under California’s Penal Code 261 PC is not something you should face alone. This offense carries penalties and consequences that could follow you for the rest of your life. It is highly recommended you seek the right criminal defense attorney if you are facing charges for rape, date rape, spousal rape, or other related offenses.
What is California’s Rape Law?
Under Penal Code 261 PC California’s Rape Law, rape is defined as non-consensual sexual intercourse with a person who is not the spouse of the offender, by means of:
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The media attention and public outrage over child molestation incidents in California is intense and constant, and while there is legitimate cause for this concern, unfortunately, there is often little thought of the possibility the accused could be innocent.
In California, child molestation charges, legally termed lewd or lascivious acts with a minor, carry with them severe, lifelong consequences, including lifetime registration as a sex offender and an undying social stigma. When you have been charged with a crime of this magnitude, or believe you are about to be charged, there is no time to waste in finding a skilled criminal defense attorney. The Law Offices of Anna R. Yum are here to guide you through this challenging time.
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Sex crimes carry a social stigma more so than essentially any other crime. In fact, most felony and misdemeanor sex crimes require you to register with law enforcement as a sex offender for the rest of your life. If convicted, your record as a sex offender will be public and available for anyone to look up. This social stigma will never go away.
Most people also don’t realize that the sentencing punishment for felony sex crimes can often times be harsher than the punishment for murder. If you are being investigated, arrested, or charged with a sex crime, then you are facing extremely serious consequences. You must act quickly and call an aggressive criminal defense attorney who is experienced in handling sex crimes immediately. Do not wait for charges to be filed before contacting an attorney. It might be too late and the damage may already be done. Call the Law Offices of Anna R. Yum to schedule a free consultation as soon as possible.
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A vandalism charge can have very serious consequences. Severe fines and even prison time are possibilities, and vandalism can be charged as a misdemeanor or a felony. Anna R. Yum, a knowledgeable and skilled defense lawyer in San Diego, can negotiate with the District Attorney to get a vandalism charge reduced or dismissed before it’s filed.
The California Penal Code defines vandalism as maliciously damaging or destroying property that is not yours, or defacing property with graffiti. This can include:
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California’s domestic violence laws often cover aggravated trespassing and facing such charges is not something you should take lightly. California’s Penal Code 601 PC Aggravated Trespass have felony consequences, so it is highly recommended you find an experienced criminal defense attorney right away.
Under California’s Penal Code 601 PC aggravated trespass is committed when you threaten to physically harm someone and trespass on their property within thirty days of making those threats. Aggravated trespass is also known as trespassing after making threats and felony trespass. However, aggravated trespass is also considered a “wobbler” in California. This means it can be charged as a misdemeanor or felony depending on the specifics of the case.
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Trespassing in California can be charged as an “infraction” or as a misdemeanor. Either way, a conviction for trespassing will create a criminal record for you and can lead to a future restraining order. Anna R. Yum is a skilled and knowledgeable defense attorney who can help minimize the negative consequences of being convicted of trespassing.
The definition of trespassing under California’s Penal Code (section 602) covers quite a bit more than merely being on someone else’s property without their consent, although this is the core concept of trespassing — unlawful entry onto the real property of another (“real property” means real estate, which also includes essentially everything on the property).
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If you have been arrested or charged with domestic violence, then early intervention is the best course of action. California law is known to be extremely tough on domestic violence cases. This means that it takes very little evidence for you to be implicated, arrested, and/or charged with a domestic violence case. Unfortunately, domestic violence is a crime in which it is extremely common for people to be falsely accused and wrongly convicted.
The key is to try to stop the moving train, that is the government, before you are charged with domestic violence. If you hire an aggressive and experienced domestic violence attorney to conduct an extensive investigation and build your best legal defense, then it may be possible to block criminal charges before they are even filed by the prosecution. Do not wait until after domestic violence charges have been filed to start researching attorneys. If you are proactive in your defense from the moment that accusations are made, then you are protecting yourself from potential life-long consequences.
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