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Withdrawing a Guilty Plea

WITHDRAWING A GUILTY OR NO CONTEST PLEA It’s not uncommon to plead guilty or no contest to a California offense and then regret it later. You may have pled guilty because you felt you had no other options or because you wanted to put the experience behind you; but now you feel like it wasn’t in your best interests. Fortunately, it may be possible to withdraw your guilty plea with the help of an experienced attorney. Whether you can withdraw

Types of Search Warrants

TYPES OF SEARCH WARRANTS “No-knock” warrants are generally only approved in cases where police officers believe they will face undue harm by announcing themselves by knocking. Telephonic or facsimile warrants allow police to communicate the statutory grounds for obtaining the warrant by phone or electronic means. These warrants are often obtained when police believe time is of the essence. “Rollback” or “piggyback” warrants allow police to search an individual’s home, place of business, or another location after finding evidence that

Sex & Drugs Offender Registration

SEX AND NARCOTICS OFFENDER REGISTRATION Sex offenders – regardless of where their conviction occurred – are required to register for life under California law. They must provide information about their current location to the state so they can be included in the Megan’s Law database. There are three levels of registration, depending on the conviction offense. Users of the Megan’s Law database can see the names, addresses and photographs of the most serious offenders. Those convicted of a less-serious offense

California Three Strikes Law

CALIFORNIA’S THREE STRIKES LAW Thousands of Californians have been caught in the net of the state’s controversial three strikes law. This law dictates that serious or violent felony convictions count as a strike. Felony manslaughter, rape, aggravated assault, robbery, and even burglary count as first- and second-strike offenses. Individuals with two prior “strike” convictions can be sentenced to life in prison for a third felony conviction even if it is a non-violent offense. Under the three strikes law, your punishment

California Plea Bargains

CALIFONIA PLEA BARGAINS With some California criminal charges it may be in your best interests to take your case to trial, but in others your attorney may advise you to consider a skillfully negotiated plea bargain. Need quick, free advice about plea bargains? Email an attorney a question at info@mironerlaw.com with the subject line: Plea Bargain Question Plea bargains should be just what the name implies – a good deal for both you and the prosecutor. You’re allowed to plead

California Bail Schedules

BAIL SCHEDULES IN CALIFORNIA CRIMINAL CASES Bail is a deposit that provides insurance to the court that you will appear for future court appearances. If you appear at all court hearings and see your criminal case through to the end, the bail will be returned to whomever posted it. If you don’t answer to the charges, the bail will be forfeited. Everyone arrested for a California criminal offense must either post bail or obtain release on their own recognizance, also

CALIFORNIA ALTERNATIVE SENTENCING

If you’re found guilty in court or plead guilty to a criminal offense, you may be eligible for alternative sentencing that can reduce or eliminate jail time and other harsh punishment. If you’re a first-time criminal offender, you may be eligible for California’s Deferred Entry of Judgment (DEJ) program. DEJ allows you to plead guilty to a criminal offense and later withdraw that plea after you’ve successfully completed an 18-month to three-year rehabilitation program. If you fail to complete the

How much jail time i am facing?

The first question almost every defendant asks, understandably, is how much jail or prison time can be imposed. Naturally, if you’re convicted, the best possible outcome is no jail time at all, but that’s not always realistic. Determining how much jail or prison time you face if convicted of a California criminal offense is a complex task. Under California law, each criminal offense has a lower, a middle, and upper prison term. The judge is required by law to impose