25 December

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What to do after an accident in California?

If you are involved in a car accident in California, it’s important to remain calm and take the following steps:

1. Check for injuries: Make sure you and any passengers are not seriously injured. If anyone is injured, call 911 immediately.

2. Move your vehicle: If your car is blocking traffic and it is safe to do so, move it to the side of the road. If you can’t move your car, turn on your hazard lights to warn other drivers.

3. Call the police: If there are injuries, property damage, or a hit-and-run, you are required by law to call the police. Even if the accident is minor and there are no injuries, it’s a good idea to call the police and file a report.

4. Exchange information: Get the name, contact information, and insurance information of the other driver(s) involved in the accident. You should also get the license plate numbers and make and model of the other vehicles involved. Be sure to gather the contact information for all witnesses.

5. Take photos: Use your phone to take photos of the scene of the accident, including any damage to your vehicle and the surrounding area. If possible, look around for any cameras that may have captured the accident.

6. Don’t admit fault: Don’t apologize or admit fault at the scene of the accident. Wait until you have all the facts before deciding who was at fault.

7. Contact your insurance company: As soon as possible after the accident, contact your insurance company to report the accident and file a claim.

It’s also a good idea to consult with an attorney if you have been injured in the accident or if you have any questions about your legal rights.

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01 April

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Sex crimes attorney in Los Angeles

Posted by Joel Garcia

in Sex Crimes, Violent Crimes

Of all crimes, few are more serious than sex crimes. A conviction may not only mean prison time, but also lifetime registration as a sex offender. Remember, if investigated or charged for a sex crime, YOU ARE INNOCENT UNTIL PROVEN GUILTY. BEFORE SPEAKING TO THE POLICE, call Garcia Law Group for a FREE CONSULTATION—this can make all the difference in your case!

Sex crimes in California are prosecuted heavily and most carry significant prison sentences. Most prosecution offices (including the Los Angeles District Attorney’s Office), have special units to prosecute sex crimes. An experienced criminal defense lawyer can ensure that those that are falsely charged are not wrongfully convicted.

What are some types of sex crimes?

Sex crimes typically include:

– rape

– Child molestation/child sexual abuse

– prostitution

– sexual assault

– lewd conduct

– possession/distribution of child pornography

– date rape

– statutory rape

– public indecency

– many others

What are some defenses to sex crimes?

– Illegal search and seizure by the police

– DNA evidence exoneration

– Victim’s motivation to lie and fabricate false allegations

– Victim interviews where the allegations/facts are suggestive of abuse

– Misidentification

What to do after an arrest or police call you regarding a sex crime allegation?

If you are arrested for a sex crime in Los Angeles, it’s extremely important that you know your rights. You have the right to remain silent AND the right to a lawyer—you should exercise BOTH of these rights. After the arresting officers have informed you of the reason for the arrest, they will read you your Miranda rights, you will be booked (fingerprinted and photographed) at the police station. Depending on the charges, you may or may not qualify for bail. After booking you have the right to contact an attorney. You would be wise to call an experienced sex crimes attorney in Los Angeles, such as Garcia Law Group.

It’s important to fight the charges aggressively!

Garcia Law Group is here to help

The consequences of a felony sex crime conviction can also lead to employment and housing difficulties. There are many defenses and legal issues that an experienced criminal defense attorney can bring up to defend your rights. Call now and schedule your FREE and CONFIDENTIAL consultation: 323-419-5165.

By Joel Garcia, Esq.

CALL NOW FOR A FREE CONSULTATION

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24 January

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PC 995 Motion to Set Aside

Posted by Joel Garcia

in Criminal Procedure, Violent Crimes

995 Motion to Set Aside the Information

Background information:

In a felony case, defendants are entitled to a preliminary hearing. A preliminary hearing is a probable cause hearing where the judge will answer two questions: (1) is there probable cause that the crime was committed? And (2) is there probable cause to believe that the defendant committed it?

If the answer to both of these questions is “yes,” then the defendant is “held to answer” to the charges and the prosecutor files an “information” (a fancy word for complaint) with the court. Within 15 days of the preliminary hearing (after being “held to answer”),the defendant is arraigned on the charges and the case is sent to the trial court. The defendant is provided with the transcripts of the preliminary hearing. The transcripts are very important for a 995 motion.

What is a PC 995 Motion to Set Aside?

A Penal Code 995 Motion to Set Aside the Information is a request made by the defendant to the court to dismiss all or some of the charges that the defendant is being charged with. A 995 motion is filed after the preliminary hearing.

What is required to file a 995 motion?

A 995 motion may be filed in cases where all of the charge are felonies or the charges include both felony charges and misdemeanor charges. The purpose of the preliminary hearing is to eliminate charges that are unsupported by evidence. Charges are unsupported by evidence when:

The defendant was illegally committed for trial, and/or
The defendant was committed for trial without probable cause.

What are some examples where a 995 motion may be granted?

Many different situations can justify a court granting a 995 motion. These include a violation of:

The right to legal counsel;
The right to cross-examine witnesses at the preliminary hearing;
The right to have the preliminary hearing in a single session;
Failure for the prosecutor to provide favorable evidence to the defendant;
Insufficient evidence;
Illegally obtained evidence;
Other case-specific situations.

What happens when a 995 motion is granted?

If a 995 motion is granted, those charges will be dismissed. The prosecutor may then proceed on the remaining charges or appeal the decision and the case would be continued (extended) until the appeal is determined. The prosecutor can also elect to dismiss and re-file the in a new complaint.

What happens if a 995 motion is denied?

If a 995 motion is denied, the defendant may appeal the decision or the case will proceed toward trial and the defendant can exercise his/her right to a speedy trial within 60 days of the arraignment.

Are you facing felony charges?

Appearing in front of a judge by yourself can be an intimidating experience. Additionally, the laws are complicated. If you are facing a criminal case, Garcia Law Group is here to help you. We’ve handled hundreds of cases and represented individuals in your situation. We are here to help you get through this stressful situation.

Call now and speak to attorney Joel Garcia for a FREE CONSULTATION.

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03 December

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Overview of Domestic Violence in California

Posted by Joel Garcia

in Violent Crimes

Domestic Violence in California

The consequences of a domestic violence (DV) conviction can be devastating. Generally, domestic violence charges occur from household disputes that cause harm to one of the parties. What makes this type of charge “domestic” is the relationship between the alleged victim and the accused. California law (Penal Code § 1300) defines “domestic violence” as abuse an “intimate partner.” This includes a wife/husband, boyfriend/girlfriend, domestic partner, or someone the accused has dated in the past. California law also protects others in the household that could be deemed as “victims” of domestic violence. These include: brothers, sisters, uncles, aunts, step-siblings, half-siblings, grandparents, grandchildren and nieces/nephews. Domestic violence does not only include physical harm, but also includes threats and emotional abuse.

If you are facing a domestic violence charge, call Garcia Law Group at 323-419-5175 and schedule your FREE and CONFIDENTIAL consultation!!!

Types of crimes that are deemed Domestic Violence

Most domestic violence crimes are considered “wobblers” in California. A “wobbler” is a crime that can be prosecuted as either a felony or a misdemeanor. Whether the case gets filed as a felony or misdemeanor, it will depend on the facts of the case, the defendant’s prior criminal record, and the seriousness of the injuries to the victim.

Some of the most common types of arrests for domestic violence include:

Domestic Battery, Penal Code § 243(e)(1)

Aggravated Trespass, Penal Code § 601

Child Abuse, Penal Code § 273d

Child Endangerment, Penal Code § 273a

Child Neglect, Penal Code § 368

Corporal Injury to Spouse, Penal Code § 273.5(a)

Criminal Threats, Penal Code § 422

Electronic Cyber Harassment, Penal Code § 653.2

Restraining Order Violation, Penal Code § 273.6

Revenge Porn, Penal Code § 647(j)(4)

Stalking, Penal Code § 646.9

Consequences for a Conviction for Domestic Violence

The consequences for a domestic violence conviction can vary great greatly. This can include jail sentence, prison sentence, restitution, domestic violence classes, therapy, loss of custody rights, and loss of gun rights.

For non-citizens, a domestic violence is considered an “aggravated felony” or a crime involving moral turpitude. This can lead to deportation and/or inadmissibility to the United States. Before pleading to a domestic violence charge, it is important to consult with an attorney.

Garcia Law Group is here to help

The consequences of a domestic violence conviction can also lead to employment and housing difficulties. There are many defenses and legal issues that an experienced criminal defense attorney can bring up to defend your rights.

Call now and schedule your FREE and CONFIDENTIAL consultation: 323-419-5165.

By Joel Garcia, Esq.

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Sex crimes attorney in Los Angeles

What are some types of sex crimes?

What are some defenses to sex crimes?

What to do after an arrest or police call you regarding a sex crime allegation?

It’s important to fight the charges aggressively!

Get in touch

free consultation

PC 995 Motion to Set Aside

995 Motion to Set Aside the Information

Background information:

What is a PC 995 Motion to Set Aside?

What is required to file a 995 motion?

What are some examples where a 995 motion may be granted?

What happens when a 995 motion is granted?

What happens if a 995 motion is denied?

Are you facing felony charges?

Overview of Domestic Violence in California

Domestic Violence in California

Types of crimes that are deemed Domestic Violence

Consequences for a Conviction for Domestic Violence

Garcia Law Group is here to help

Call now and schedule your FREE and CONFIDENTIAL consultation: 323-419-5165.

Get in touch

free consultation