What You Need to Know About Domestic Violence Charges

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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Grand Theft Auto Attorney

Grand theft auto charges are serious and carry severe penalties if convicted. That’s why it’s recommended that you find the right criminal defense attorney to represent you. Retaining the proper defense services can mean the difference between severe penalties or lenient ones, depending on the specifics of your case. The following provides insight into how California defines grand theft auto and what kinds of punishments are associated with it.

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San Diego Burglary Attorney

The definition of burglary, under California law, is when an individual enters:

  • a building – private or commercial, attached garage, warehouse
  • a vehicle – e.g., auto, truck, camper, airplane
  • a vessel – e.g., a boat, or
  • a cargo container – e.g., a railroad car

– with the intention of (a) stealing something or (b) committing a felony.

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San Diego Theft Defense Attorney

Misdemeanor Theft & Felony Theft in San Diego County

Theft is a common crime and a major issue in the state of California. In 2006 alone, the California Law Enforcement Agency Uniform Crime Report concluded that there were more than 240,00 vehicle thefts, nearly 667,000 instances of larceny, over 246,000 burglaries, and almost 71,000 robbers in the state of California.

While theft may be a common crime, it is still an offense severe enough that prosecutors aggressively pursue penalties in court. If you have been charged with theft in San Diego County, the first thing you should do is secure an experienced criminal defense attorney who can protect your legal rights and advocate on your behalf.

Free Consultation (619) 233-4433

San Diego Violent Crime Attorney

Violent crimes, whether against living beings or property, have the most severe penalties. If you have been arrested for or charged with a violent crime, it’s in your best interest to have a highly skilled and aggressive criminal defense lawyer. Anna R. Yum has experience as a litigator on both sides of the equation – defense and prosecution – and she can provide you with the top-quality representation that you need.

Against a Person, Against Property

Violent crimes can be grouped into two categories: those against a person, and those against property. Violent crimes against a person include:

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California’s Domestic Violence Restraining Order Laws

What Is A Restraining Order?

A restraining order is issued by a court and is ultimately designed to protect an individual from any harassment, threats, stalking, or physical harm caused by the person named in the order. The protective order can have certain terms and conditions that prohibit specific actions such as making contact or entering a property. Intentionally ignoring the provisions of that restraining order is strictly prohibited.

What Does It Mean to Violate A Domestic Violence Restraining Order?

California’s Penal Code 273.6 PC makes it a crime to violate a domestic violence restraining order. A California restraining order is issued by a judge and the terms or conditions cannot be intentionally violated without consequence. A restraining order is synonymous with a protective order or a stay away order and the act of violating such an order is illegal.

When facing charges of violating a domestic violence restraining order, Penal Code 273.6 PC, it’s recommended that you find strong legal representation. A criminal defense attorney who is familiar with the punishments and penalties associated with violating a domestic violence restraining order can help inform you on the best possible course of action. The following are a few examples that demonstrate what it means to violate a domestic violence restraining order.

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San Diego Civil Harassment Order

Attorney Anna R. Yum helps individuals who need to file or defend themselves against a restraining order, including Civil Harassment Restraining Orders (“CHOs”). By granting a CHO, a judge is ordering that an individual stay away from or stop harassing the person who asked for the CHO. Such court orders are issued in San Diego County to people who have concerns about their personal safety in light of conduct on the part of someone who is not:

  • His or her spouse (husband/wife)
  • Someone with a domestic relationship to the person seeking the CHO (e.g., live-in boyfriend or girlfriend)
  • A close family member, such as an adult child or sibling

California laws and San Diego County guidelines regarding CHOs and other types of restraining orders are complex enough to merit the attention of a skilled and experienced attorney like Anna R. Yum. If you feel that you need a CHO or other restraining order, you can schedule a free consultation to discuss your concerns with Anna R. Yum today.

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San Diego Temporary Restraining Orders

Temporary restraining orders (TROs) in San Diego County number in the hundreds each year because they are relatively easy to get. An Attorney can go to a Superior Court location in San Diego and ask for a restraining order against you, without you being there to provide your point of view, and without you even being aware that he or she is doing so. There is also more than one type of temporary restraining order in San Diego, and if you have been served with the papers for any of them or you wish to file one, you probably have some questions.

If You Are the Target of a TRO

It’s important that you get the right answers. Defense attorney Anna R. Yum is a very knowledgeable and experienced former prosecutor who will protect your legal rights. If you’ve been served with a restraining order or need to file one against someone else, you can contact her law offices for a free, no-commitment discussion of your circumstances. 

Free Consultation (619) 233-4433

San Diego BAC Testing

In California, the arresting officer must tell you that you have the right to choose between different types of tests for alcohol. This usually means the choice between a Chemical Breath test, or a blood test. You will probably be given a series of field sobriety tests, such as walking a straight line and reciting the alphabet before being asked for a more scientific analysis. In some states you will be asked to perform a breathalyzer which measures gases in the breath. These results are susceptible to numerous problems, including false positives from people with diabetes and those who have worked with volatile chemicals. If you are offered a choice of tests, it is generally agreed that blood tests are the most accurate.

Implied Consent Warning

The main principle behind the state’s right to ask for a chemical test to determine your blood alcohol level is the implied consent law. It states that anyone with a driver’s license automatically consents to testing. No one has the absolute right to operate a vehicle. Every state has an implied consent law. Supreme Court rulings have decided that police may forcibly take your blood in order to test your blood alcohol levels, though on a practical level, that rarely happens. Most states rely on statutes that make refusing to test even more punishing than taking the test and failing. In California, you make a choice between the type of test you wish to take. If the facility only has blood testing, then you must use that type of test.  

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Restraining Order Defense Attorney in San Diego County

San Diego Restraining Order Defense

When you need to defend yourself against a restraining order, an experienced San Diego criminal defense attorney’s job is to protect and advance your rights. Restraining order law in California is complex, and having a knowledgeable, skilled criminal defense attorney working on your behalf can help you to understand the implications of a restraining order, and how you can defend yourself against baseless claims.

Types of Restraining Orders in San Diego

Under the law, there are four types of restraining orders that an individual in the state of California may request or be served with:

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Field Sobriety Test for DUI

If you are stopped for suspected drunk driving in San Diego, the officer on the scene may ask you to perform a series of tasks to determine your ability to operate a motor vehicle. In some jurisdictions, field sobriety tests are often filmed by a camera mounted in the patrol car and may be used against you in a court of law.

The field sobriety tests (walking a straight line, walking heel-to-toe, balance testing, eye test) are not legally required of you Under California law if you are pulled over, even if you’re pulled over on suspicion of drunk or drugged driving. If you are not intoxicated or under the influence of drugs, it may be best to perform the sobriety tests. If you are drunk or drugged, it may be better to decline to perform them and ask for an attorney. If you refuse the field sobriety tests you will likely be arrested and transported to a facility to have your blood tested.

 

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Experienced San Diego DUI/DWI Defense Attorney

Driving under the influence (DUI) is illegal in California. If you have been arrested for a DUI in San Diego county, it means that the governments believe that you are guilty of having operated a vehicle while under the influence of alcohol and/or drugs to include illegal narcotics, or quite possibly, legally prescribed medications. 
Regardless of the specifics of your arrest, San Diego County has some of the strictest DUI laws in the country. This means you’re going to need an experienced San Diego DUI Defense attorney on your side.

DUI arrests (aka Drunk Driving arrests) are incredibly common. Furthermore, many individuals who are charged with DUI have never, ever been arrested. They are not criminals, nor are they repeat offenders. More often than not they are law abiding citizens who made a bad decision. All the same, there are going to be potential repercussions.
Even though the overwhelming majority of people charged with a DUI in San Diego are charged with a misdemeanor, the DUI legal process in San Diego County is no cakewalk. By contrast, it is extraordinarily complex, and therefore, it is essential to have an experienced DUI Defense attorney to help guide you through the process, and to mitigate the potentially devastating consequences that a DUI may have on your life, including your livelihood.

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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.  Of course, for this defense to work you need to contact Attorney Yum right away—before the prosecution … Read more

DUI Charges

Many DUI lawyers will tell you that your case cannot be won.  This is not necessarily true.  The conduct of the 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 your DUI defense by … Read more

Restraining Orders

Restraining order law in California is complex. Having a knowledgeable and skilled San Diego Criminal Attorney working on your behalf is one of the best steps you can take.

Drug Charges

Drug charges in San Diego can result in the government seizing your property, a prison sentence, fines, or all of the above. Anna Yum has over 10 years handling drug charges.

Title 17 Regulations

California Code of Regulations Title 17 sets forth procedures that need to be followed by whoever is administering the chemical tests. If these regulations are not followed, the results from the test may be excluded from evidence.

Innocent Explanation for Symptoms

Police officers will often use their observations as hard evidence to prove that you are DUI. “Objective symptoms of intoxication” include but are not limited to slurred speech, bloodshot or watery eyes, unsteady hands, or being red in the face. An officer has a list of these symptoms on his report that he simply checks … Read more

Bad Drivers

Just because you were speeding does not necessarily mean that you were driving under the influence. It is a well known fact that sober drivers commit the majority of traffic violations. If you weave between your lane or speed, the officer may try to use this as evidence that you were driving under the influence. … Read more

Miranda

An officer must advise you of your Miranda Rights if you are in custody or if they question you to gain information that may incriminate you. If your Miranda Rights are not read to you, anything that you have said will most likely be excluded from evidence.

Probable Cause

The officer needs to provide “specific articulable facts” that indicate they had reasonable suspicion to pull you over. If there was no evident reason to stop you, detain you, or arrest you, there is no probable cause for your arrest. If this is the case, other evidence of DUI will be overlooked and it is … Read more

Bill E. / San Diego

Since the very first time I spoke to Anna I knew she was the Lawyer I needed to handle my driving under the influence incident. Having a busy schedule with school and work, I was calm knowing Anna was handling my case. She also made this experience less painful in which I did not have … Read more

Nancy W. / San Diego

I hired Anna as my attorney for a DUI, and she was not only extremely helpful and informative, but she also was sensitive to the shameful and upsetting experience that goes along with being arrested and charged with a DUI. I would highly recommend her to anyone looking for a strong defense attorney.

James T. / San Diego

I referred Anna to a friend of mine who was facing several charges of felony related to child abuse. Anna fought the case excellently and got most of the charges dropped, reduced the rest to misdemeanor and obtained a very favorable outcome. Her knowledge of the system, familiarity with the judges and DAs helped immensely. … Read more

Contact

When your future and freedom are on the line… Choosing the right attorney makes all the difference. You can’t change decisions you made in the past…But, when it comes to your life and freedom, you can change your future. If you need legal assistance, call my office today for a free consultation. You will not … Read more

Jennifer S. / San Diego

I hired Ana to protect myself from a procedural arrest in which I was innocent. Needless to say that she addressed every question and concern that I had and made this process very easy. She’s an honest professional who treats clients with dignity and respect vice a number. Highly recommended to anyone needing a lawyer … Read more

Derek F. / San Diego

Anna is awesome! She is prompt and does what she says she will. Do your part and she will amaze you. Found Anna online with good reviews and very glad I chose her to be my lawyer. Anna helped me to get rid of charges that would otherwise limit my life and now I am … Read more

Practice Areas

The Law Offices of Anna R. Yum is experienced in handling a variety of Criminal Law cases.  Click on one of the topics below to read more or click here to schedule a free, no obligation consultation with Ms Yum, an excellent San Diego Criminal Lawyer. Read about Ms. Yum’s recent case results. Aiding and … Read more

Stand-Out Criminal Defense Services for San Diego

 {module Contact Us} Former Prosecutor As a former prosecutor, Ms. Yum has the experience and knowledge to know how the government works and thinks. Many San Diego criminal attorneys sit around and try to guess what’s going on in the prosecutor’s mind, but Ms. Yum has actually been there. As a former deputy district attorney, … Read more