Showing posts with label San Bernardino County Criminal Defense Attorney. Show all posts
Showing posts with label San Bernardino County Criminal Defense Attorney. Show all posts

Monday, December 24, 2012

2012 DUI

lawyer-image

Fighting your DUI case
If you are pulled over for a traffic violation and are suspected by law enforcement officers that you might have been drinking and driving, the police officer will ask to administer a road test more commonly known as a field sobriety test.  There are more than 2 field sobriety tests.  Most common are the:c
  • Walk-and-Turn where the officer will instruct you to align your left and right foot so your right heel is touching your left toe then your left heel will touch your right toe and so on for 9 consecutive steps.
  • One-Leg Stand: The officer will instruct you to stand with one foot six inches off the ground while counting aloud in thousands (one-one thousand, two-one thousand, etc.) until the officer instructs you to stop. You are also required to keep your arms at your side, look down at your foot, and keep your toes pointed. 
If you fail the administered field sobriety tests you will then be required to take a chemical test which can consist of a:
  • blood sample,
  • or most likely a
  • breath sample on an evidential breath testing machine, a Breathalyzer
Fighting your DUI charges is a must if you are looking to get a job in the future when a DUI or DWI conviction may harm your chances for the job.
Field sobriety tests are often used by law enforcement officers to try to establish probable cause for making a DUI or DWI arrests.   Such tests are often not as reliable as law enforcement officials would like the public to believe. That’s why it is important to hire a qualified defense lawyer to represent you if get a DUI arrest.
Breathalyzer test results can be challenged for a number of reasons, including:
  • improper administration of the test;
  • improper or poorly documented maintenance of the testing equipment;
  • your medical conditions or
  • other facts of your case that might impact the breathalyzer test accuracy.
DUI cases have been argued in court over breathalyzer results and in some instances returned.  There are also many ways an attorney could challenge a breath test during the trial.
Attorney James Crawford has fought numerous DUI cases both at the trial and appellate levels and has also argued DUI cases at DMV hearings. Please contact attorney James Crawford at the following addresses for a free consultation.
James M. Crawford
528 N. Glassell                            164 East 3rd St
Orange, CA  92867                      San Bernardino, CA 92410
Office: (714) 538-0305                 Office (909) 388-2690
Fax (714) 538-0306                     Fax (714) 538-0306

Wednesday, October 10, 2012

James M. Crawford - OC DUI Lawyer



James M. Crawford, Attorney
If you have been arrested for DUI, you will have to deal with both the criminal justice system and the DMV.
Even for a first offense, the penalties can be serious-including license suspension, fines of almost $2,000, mandatory attendance at State or DMV Approved alcohol programs, and potential jail time. In addition, a DUI conviction stays on your DMV record for at least 10 years, and may result in higher insurance premiums.
You must contact a lawyer immediately so that the attorney can request an Admin Per Se hearing with the DMV within ten days of your arrest so that your driving privilege is not suspended.
Unlike the criminal process at Court, the DMV is a civil matter, run by the Office of Driver Safety.
The DMV hearing officer acts as both judge and prosecutor in this procedure. They are only interested in three issues:
- Did the arresting officer have reasonable cause to believe that you were driving under the influence;?
- Was the arrest lawful, and; 
- Was your blood alcohol .08 % or higher at the time of driving? 
A DMV hearing is won or lost based on technical issues.   Since procedures are different between the Court and the DMV, it is possible to be found guilty in the criminal case, but still win the DMV hearing. On the other hand, if you were actually acquitted in court of the DUI charge, and had previously lost your DMV hearing, you would then have the right to force the DMV to return your license and set aside their suspension.
Mr. Crawford has the knowledge and experience to secure a favorable outcome for driving under the influence charges and DMV matters, such as a dismissal altogether or a reduction to a lessor charge. reduce the time in custody or eliminate it altogether.  
James Crawford has tried numerous DUI cases as a defense attorney and has a winning record.   Mr. Crawford is a graduate of the Gerry Spence Trial lawyer's College and has extensive knowledge of the psychology behind the art of jury selection.  If you have been arrested for a DUI, you can turn to James Crawford for the DUI law help you need. 
Contact Mr. Crawford today to discuss your legal options and start planning your defense.


DUI

A DUI charge can lead to the loss of a driver's license, jail time, fines, community service or many other consequences. Understanding the laws and penalties associated with drunk driving can help you to avoid a violation or to proceed properly if a violation has already been issued.

What Is Intoxication?

To understand the charges, it is helpful to understand what exactly the law means by "intoxication". Intoxication is most commonly defined in two ways. The first is by the state’s legal limit—usually .08 or higher. Intoxication is also defined as the loss of a person’s normal mental or physical faculties because of the introduction of any substance into their system.

What Designates Operation of a Motor Vehicle?

Charges for driving while intoxicated can be brought even when the person charged wasn't actually driving a moving vehicle. In fact, any operation of a vehicle while a person is intoxicated is prohibited by the laws of every state.      
Operation of a vehicle is so broadly defined that it includes almost any activity related to control of the vehicle. Activities which courts have considered sufficient for charges to be brought include turning the ignition on, pressing the brake pedal when the engine is on, and letting the vehicle idle in park.

Blood and Breath Tests

If the officer believes that the driver is intoxicated, he may want to confirm the results with an official breath test or blood test. These are admissible in court. Some states allow defendants to refuse to submit to a breath or blood test, but automatically suspend their license when they do.
Some courts even allow the refusal to be admitted at trial as evidence that the defendant was hiding his guilt by the refusal. Other states have no-refusal provisions for repeat offenses. 

Defenses to DUI Charges

Before deciding to take a case to trial, a defendant should ask an attorney to evaluate the reliability of all the evidence. Defenses may involve challenging the validity of any field sobriety, breath, or blood test result and any other evidence collected by officers at the scene of the stop.
Sometimes, a claim by the defendant that the results of a test were inaccurate may be supported by the evidence the officer collected at the scene. Other times, the officer may have video recorded the defendant stumbling or failing the field sobriety test, or recorded the slurred voice of the defendant during the stop, which may actually be enough for a conviction whether or not the blood or other test results are called into question.
A defendant should also understand all of the sentencing options associated with a conviction and possible enhancements which may make the sentence more severe.

If You Have Been Charged With A DUI....

Call James M Crawford at (714) 538-0305 now.

 Search the links below to see if your friend, family member, or loved one is currently incarcerated:
Orange County
San Bernardino County
Los Angeles County
Riverside County
528 N. Glassell
Orange, CA 92867
Office: 714-538-0305 Fax: 714-538-0306
164 East 3rd Street San Bernardino, CA 92410
Office: 909-388-2690

Monday, May 21, 2012

Orange County Criminal Defense Attorney - Juvenile Law


Juvenile Law
Juvenile law governs delinquency and other related matters. State statutes define which persons are under the original jurisdiction of the juvenile court. Most states define the upper age of juvenile court jurisdiction in delinquency matters as 17.  When juveniles are referred to the juvenile courts, the court determines whether an adjudicatory hearing is warranted or to transfer jurisdiction to an adult criminal court. When a juvenile judge sets the case for "adjudication," a trial is set.  In lieu of twelve jurors, juvenile court trials are done by a judge or commissioner. Therefore it is very important that you have a lawyer that is familiar with juvenile court proceedings. Only an experienced juvenile attorney will be able to object to any unfair tactics by the court and prosecutor or the presentation of inadmissible evidence. Once a juvenile is under juvenile court disposition, the court may retain jurisdiction until the juvenile legally becomes an adult . In some jurisdictions, juvenile offenders may be classified as youthful offenders which can lead to extended sentences.  This is where the defense attorney's experience and legal expertise will be most beneficial. James M Crawford handles Orange County Juvenile cases.  If you need an Orange County Juvenile Lawyer call or contact us by email today.


Search the links below to see if your friend, family member, or loved one is currently incarcerated:
Orange County
San Bernardino County
Los Angeles County
Riverside County
528 N. Glassell
Orange, CA 92867
Office: 714-538-0305 Fax: 714-538-0306 
164 East 3rd Street San Bernardino, CA 92410
Office: 909-388-2690

Friday, May 18, 2012

Orange County Criminal Defense Lawyer - DUI Law


Have you or someone you know been arrested for DUI? Contact James M Crawford for help and answers.
If you have been arrested for DUI, you will have to deal with both the criminal justice system and the DMV.
Even for a first offense, the penalties can be serious-including license suspension, fines of almost $2,000, mandatory attendance at State or DMV Approved alcohol programs, and potential jail time. In addition, a DUI conviction stays on your DMV record for at least 10 years, and may result in higher insurance premiums
You must contact a lawyer immediately so that the attorney can request an Admin Per Se hearing with the DMV within ten days of your arrest so that your driving privilege is not suspended.
Unlike the criminal process at Court, the DMV is a civil matter, run by the Office of Driver Safety.
The DMV hearing officer acts as both judge and prosecutor in this procedure. They are only interested in three issues:
- Did the arresting officer have reasonable cause to believe that you were driving under the influence;?
- Was the arrest lawful, and;
- Was your blood alcohol .08 % or higher at the time of driving?
A DMV hearing is won or lost based on technical issues.   Since procedures are different between the Court and the DMV, it is possible to be found guilty in the criminal case, but still win the DMV hearing. On the other hand, if you were actually acquitted in court of the DUI charge, and had previously lost your DMV hearing, you would then have the right to force the DMV to return your license and set aside their suspension.
Mr. Crawford has the knowledge and experience to secure a favorable outcome for driving under the influence charges and DMV matters, such as a dismissal altogether or a reduction to a lessor charge. reduce the time in custody or eliminate it altogether.
James Crawford has tried numerous DUI cases as a defense attorney and has a winning record.   Mr. Crawford is a graduate of the Gerry Spence Trial lawyer's College and has extensive knowledge of the psychology behind the art of jury selection.  If you have been arrested for a DUI, you can turn to James Crawford for the DUI law help you need.
Contact Mr. Crawford today to discuss your legal options and start planning your defense.
Search the links below to see if your friend, family member, or loved one is currently incarcerated:
Orange County
San Bernardino County
Los Angeles County
Riverside County
James M. Crawford
528 N. Glassell
Orange, CA 92867
Office: 714-538-0305
Fax: 714-538-0306 
164 East 3rd Street
San Bernardino, CA 92410
Office: 909-388-2690

Wednesday, May 16, 2012

Defending Rape Charges


Being arrested for rape is a very serious matter. If you or someone you know is convicted of rape, you face a lifetime of consequences such as a lengthy state prison sentence, loss of your job, compulsory HIV/AIDS testing, court ordered rehabilitation, large fines and lifelong sex offender registration. The outcome of your case may depend on whether you have an experienced and aggressive criminal defense attorney to defend you.  Your  rights include the right to a jury trial, the right to cross-examine witnesses, the right against self-incrimination and the right to produce evidence. Mr. Crawford possesses deep knowledge and extensive experience in defending these types of cases and can aggressively defend your rights.
Sex offenses include all types of sexual activities ranging from the serious crime of rape, usually defined as sexual penetration without consent, to the crime of prostitution.  If you are accused of any sex crimes, it is important that you seek the services of Mr. Crawford who is experienced in these types of cases.
Types of rape include:
•Statutory rape: A sexual act with a minor under the legal age of 18. In this type of case, statutory rape charges are usually brought up by the parents of the victim but in California the state can also raise them.
•Date rape: A forcible sexual act between people that know each other during a social engagement. The fact that the engagement was voluntary and that the parties knew each other is not a defense for this type of charge.
•Spousal rape: Occurs when one spouse forces the other spouse to have sex without consent.
Most sexual assault crimes are charged as felonies although lesser offenses are charged as misdemeanors. Punishment for sexual assault crimes includes jail or prison, fines, community service, counseling, probation/parole and lifetime sex registration. Multiple convictions of sexual assaults lead to increasingly severe punishments. The decision whether to charge a person with a felony or a misdemeanor rests with the prosecutor; however, a criminal defense attorney, if contacted early enough in the investigation, may be able to minimize the charges that you face.
Ways that Mr Crawford can help you include:          
•Arranging for bail, bail reductions or being released on your "own recognizance"
•Understanding the possible penalties and likely outcome of your case
•Hiring an investigator to interview witnesses and gather evidence favorable to your case
•Negotiating with the prosecutor for a reduction of the charges and sentences
•Presenting the best legal defense for you and challenging the prosecution to prove their case
•Seeking alternative sentencing programs such as electronic monitoring, residential treatment, counseling and informal probation
Mr. Crawford can assist you in proving your innocence. He understands that a false rape accusation is humiliating and damaging, and believes it is his duty to use his knowledge of California's sex crime laws to successfully resolve your case as quickly as possible.
Contact an Orange County, San Bernardino/Riverside rape attorney if you are facing sexual assault charges to make sure that your rights are protected and that you are provided with an effective and aggressive representation. 
Rape Defense 
Mr. Crawford can develop an innovative defense strategy to effectively improve the outcome of your case. Potential rape defenses may include the victim's consent, lack of evidence to support the case, factual evidence or mistaken identity, the use of polygraph tests, and more.
If you've been accused or charged with rape, do NOT attempt to investigate or defend your own case. It is in your best interest to retain competent and aggressive legal representation to ensure you rights and interests are protected every step of the way.
Please contact the law offices of James M. Crawford at 714/538-0305 today for a FREE case evaluation with a rape defense attorney.