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If someone you know has been arrested and booked into jail, contact my office for a free consultation and I will make arrangements for their release from jail at the earliest possible time. |
Practice Areas
Probation ViolationsWhen a California criminal defendant is serving probation, there are rules that must be followed. If any of these rules are broken during the probationary period, a probation violation occurs, which could result in Revocation of Probation and/or Jail time How is Probation Violated? Failure to Pay Failure to Comply Failure to Appear Violation of Rules Possession of Illegal Substances Committing Crimes Being Arrested In Orange County Probation violations are treated very seriously with bail often being denied and severe penalties. For example, currently the Orange County bench is in the practice of trying to give every single person who is found to be in violation of their felony probation 90 days in custody for a first time violation, 180 days for a second time violation, and state prison on their third violation. If you need help with a probation violation contact me immediately to get the best possible help. Juvenile DefenseIf your child has been arrested and this is your first experience with the criminal justice system your probably full of questions. What are the potential consequences for your child? Will this affect their ability to get a job and to lead a productive life? Will this be on their record forever? Will your child have to spend time in juvenile detention? Please contact me and I would be happy to answer all of your questions at no charge. If your child is under the age of 18, they will most likely be tried as a minor. However, serious crimes such as rape, murder or kidnapping may result in an adult charge. The California juvenile system, while similar in some respects to the adult justice system, is complex and has its own rules, regulations and customs. If your child is arrested, they should behave as an adult would, refusing to answer questions without legal representation present, not volunteering any information to the police, and not giving consent to any searches without a proper warrant. Juveniles who have been arrested should insist on having their parents and an attorney present before answering any questions or speaking about the accusation. Domestic ViolenceDomestic violence is any kind of abuse or violence which takes place within a family structure, meaning that the abuser and abused person are in some way related. Some people who may be involved in domestic violence, as abuser or victim, may include parents, children, spouses, grandparents, ex-spouses, and same sex partners. All accusations of domestic violence and abuse, even false accusations, must be taken very seriously, as the legal repercussions are very serious. Many innocent people have been arrested on domestic violence and domestic abuse charges when an argument is misinterpreted by neighbors or other people who are unaware of the situation at hand. The alleged victim no longer needs to press charges for the accused to be arrested. The police now have the right to press charges against the alleged abuser even if the alleged victim does not want to.
Throughout California and the United States, domestic abuse laws are very harsh and anyone convicted of this type of crime will be severely punished. Some penalties may include mandatory donations to a battered women's shelter, counseling costs paid to the victim, imprisonment, restraining orders, 52 week domestic violence classes, alcohol classes and/or other monetary fines. Gang CasesGang laws are found in section 186.22(a) and (b) of the penal code. Section 186.22(a) Any person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, shall be punished by imprisonment in a county jail for a period not to exceed one year, or by imprisonment in the state prison for 16 months, or two or three years. (b) Any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished as follows:
These laws provide that criminal charges become far more serious when made against a gang member or when the crime is committed for the benefit of a gang. This means that penalties and jail time are greater simply because the crime is considered "gang-related". Everyday Prosecutors and police officers charge individuals as gang members who are not, and crimes that are committed as gang crimes when they are not. Anybody who associates with “gang members” risks the possibility of being labeled a gang member. If a person is labeled as a gang member, then any crime that the person is accused of committing is punished much more severely. I realize that this is unfair and that’s why I have spent years of my life fighting for the rights of people who are accused of being gang members and committing gang crimes. Sex Crimes“Sex Crimes” is a general term that includes criminal sexual behaviors, ranging from indecent exposure to rape. If you or someone you know has been charged with committing a sex offense, it is very important that you contact us to obtain the legal representation of a skilled criminal defense attorney. The penalties for a sex offense conviction can be severe, however there are many defenses available. Contacting the Vargas Law Firm as soon as possible allows the evidence to be assessed and the witnesses to be questioned soon after the event, providing the best opportunity for a successful defense. Time is of the essence and we cannot begin preparing your defense unless and until you hire us. Sex Crimes pose a unique challenge to a criminal defense attorney. Most of the public find sex crimes so appalling that they do not keep an open mind and they believe anyone accused of a sex offense is guilty. I know that being charged with a sex offense is different than being guilty. I will not pre-judge you and I will fight to protect your rights and your reputation. I have successfully handling the defense of clients charged with various types of sex crimes in California. Some examples of crimes that are considered criminal sexual behavior in California are:
Sexual Assault Statutory Rape Date Rape Prostitution and Pimping Lewd acts, lascivious conduct and indecent exposure Conclusion Crimes of ViolenceIf you are charged with a violent crime time is of the essence. It is imperative that we begin the investigation immediately so we can interview witnesses, preserve evidence, and secure witness statements before the evidence gets stale and the police have an opportunity to poison the witnesses against you. During the scope of our investigation we interview or re-interview any key witnesses (both friendly and hostile), find other witnesses not named in the police report, visit the scene of the crime, seek out documentary evidence, and consult with our own expert witnesses on the meaning of the physical evidence. We do much of the investigation personally, and use extremely talented investigators with a wide range of experience to do the rest. We believe in knowing more about the case, by the time we go to trial, than anyone in the courtroom. Violent crimes are harshly punished in the state of California. If you have been arrested for committing a violent crime, you may be facing a prison term of 25 years to life or the death penalty, depending upon the individual circumstances of your case. A conviction of any of the following crimes will result in extremely serious penalties:
If you are charged with any violent crime, I realize that this is a very serious situation. Call me if you would like to start planning your defense and protecting your rights. Pre-filing DefenseIf you have been contacted by a law enforcement agency and are being investigated - or suspect you are being investigated - for a crime, now is the time to hire me to protect your rights. I can help you NOW, BEFORE criminal charges are filed! A pre-file investigation is a situation where a person is contacted by law enforcement officers and investigated for a crime, although no formal charges have been filed. At this point it is vital that you hire a knowledgeable criminal defense attorney to begin an investigation on your behalf. It is our goal to conduct out own investigation and to then use all the favorable evidence to prevent criminal charges from being filed against you. InvestigationInformation is power. When we investigate a case, we interview all key witnesses (both friendly and hostile), find other witnesses not named in the police reports, visit the scene of the crime, seek out documentary evidence, and consult with our own expert witnesses on the meaning of the physical evidence. We do much of the investigation personally, and use extremely talented investigators with a wide range of experience to do the rest. The more thorough the investigation and the more that I know about your case the better off I am to defend you Driving Under the Influence of Alcohol / DrugsIf you have been arrested for a DUI, you do not need to plea guilty. There are several defenses that may be available to you, here are a few:
Driving under the influence can be charged as either a misdemeanor or felony DUI, depending upon your record or whether there were serious injuries. If you are arrested for a DUI, you have the right to refuse to do the field sobriety tests and the portable breath test that the police want you to take in their field investigation. However, California law requires that you take a blood or breath test after you are arrested and brought down to the police station. YOU ONLY HAVE 10 DAYS TO REQUEST A DMV HEARING AFTER YOUR ARREST! Therefore, it is extremely important that you consult an experienced attorney after your arrest, so that immediate steps can be taken to preserve your right to a DMV hearing and to prepare a defense against DUI charges. Your freedom and record are too important to entrust to a non-qualified attorney. I have successfully defended hundreds of people with their Drunk Driving charges. I have experience and proven results handling DUI cases in Southern California courts, particularly in Orange County. Before you sign with an over-priced attorney, let me give you an opinion on your case. You don't have to pay more than $5000 for every DUI case. IF YOU HAVE BEEN CHARGED WITH A DUI, CONTACT MY OFFICE TODAY FOR A FREE CONSULTATION ON HOW TO PREPARE A SUCCESSFUL DEFENSE. Three Strikes CasesIn California, there are laws referred to as “the three strikes law”. Crimes that are considered “strikes” are listed in two separate penal code sections; one section lists “serious” crimes and one lists “violent” crimes. What happens if a person is convicted of a crime that is considered a strike? Strike 1 Strike 2 Strike 3 Is there any way around the 3 strike laws? Yes. There is a defense to the three strikes laws. Sometimes the district attorney’s office charges crimes as strikes that are legally not strikes. It takes a skilled attorney to know the difference. It is also possible to bring a Romero motion and have a judge dismiss or “strike” one or more of the strikes. I have run many successful Romero motions and I have numerous clients who have avoided life sentences because they hired me as their lawyer. Bail & ReleaseWhen police book a suspect into jail, the Sheriff's place bail as a condition of the suspect's release before his court appearance based upon a bail schedule devised by the court. If I am retained, I can contact the jailer and request that they either lower the bail or release the suspect on a promise to appear. Once Bail is set, if a suspect wants to be released before the first court date, he or she must post bail either through a bail bondsman or directly with the jail. If the suspect uses a bail bondsman, the bondsman typically charges 10% of the total amount of the bail as the bail bondsman's fee for undertaking the risk that the suspect will not make his required appearances in court. If I represent you, I can get you a negotiated rate of only 8% of the total bail. Another alternative (if you have the money) is that you can post the entire bail directly with the jail. The upside to this is that you would not have to spend the 8% on the bail bondsman. The downside is that if the defendant does not show up to court, then you risk losing your money. If the bail is initially set too high for what the suspect is accused of, I can persuade the court to substantially lower the bail, or, release the suspect on his own recognizance, thus saving the suspect and his family a lot of money on bail. IF SOMEONE YOU KNOW HAS BEEN ARRESTED AND BOOKED INTO JAIL, CONTACT MY OFFICE FOR A FREE CONSULTATION AND I WILL MAKE ARRANGEMENTS FOR THEIR RELEASE FROM JAIL AT THE EARLIEST POSSIBLE TIME. Drug CasesDrug cases cover a broad range of offenses, from the less severe, such as simple possession of a small amount of certain drugs, to the more serious, such as possession with the intent to sell, sales or manufacturing and distributing drugs. In California even possessing minor amounts of methamphetamine or cocaine can, and almost always are, charged as felonies. A skilled criminal defense attorney can take some of the panic out of being accused of a drug crime by answering questions and guiding you through the complex legal maze that awaits. You do not belong in jail because you are addicted to drugs I am being charged with sales even though it was my personal stash! wtf? The cops had no right to search me The Fourth Amendment of the Constitution protects an individual against unreasonable searches and seizures of his or her person or property. In many drug cases, the arrest and evidence used to support the conviction generally results from a search and seizure. If the government's conduct violated constitutional limits, however, the evidence may be deemed inadmissible and the charges may be dismissed or un-provable. A skilled criminal defense attorney can advise his clients on whether the evidence leading to a drug charge may have resulted from an improper search or seizure. Set up an appointment with me if you would like to discuss whether there are any problems with the search in your case. The police may legitimately search persons and property, and seize both persons and property, either with or without a warrant if the circumstances justify their actions. If they act without probable cause, however, or exceed constitutional limitations on their actions, both searches and seizures may be deemed invalid and any resulting evidence may be tainted and thus inadmissible. If you have been charged with a drug-related crime and have questions about whether the police may have violated your search and seizure rights, contact me now. The police busted into my house with a warrant Conclusion |
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