Category: Criminal Law

STEP BY STEP GUIDE: Can I Get Criminal Charges Against Me Dismissed?

December 15, 2015  |  Adriel B. Villarreal

Criminal charges will stay on your record. Getting these charges dismissed is the best way to beat a charge and finally be able to move on with your life. While the obvious choice is to hire a criminal defense attorney to help you beat your charges, there are some vital steps that will need to be taken when a case goes to dismissal. 1. Understand Grounds for Dismissal Dismissal may come from the following: Lack of probable cause Lack of evidence Illegal stop and search Improper filing Lack of key witness Normally, dismissals will only occur before an appeal, but there is a chance that if an appeal is won, all charges will be dismissed. 2. View Your Options As you now understand, there are various reasons that a charge may be dismissed. You’ll need to build your defense based on these reasons. Let’s take an in-depth look at each: Lack of Probable Cause There must be a cause for your arrest. If you were arrested for looking suspicious, this is simply not enough. There always has to be a reason to be arrested. If you were not caught in the act or did not match a witness’ description, you may be able to get a dismissal based on lack of probable cause….

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STEP BY STEP GUIDE: How to Behave If You’re Being Arrested

December 3, 2015  |  Adriel B. Villarreal

If you’re under arrest, your first instinct may be to resist – especially if you’re innocent. But the way you behave and conduct yourself will have a major impact on the outcome of your case. Knowing how to behave will be the key to a favorable outcome. 1. Stay Calm The first, and most important thing, is to stay calm. Stay in control of your emotions, words and body language. Yelling, using inappropriate language or resisting the officers will only make matters worse for you. Be polite and be respectful. 2. Do Not Try to Run It should go without saying, but you should never try to run or even walk away. Always keep your hands where the officers can see them. Do not put your hands in your pockets or make any sudden movements. Do not touch a police officer either. 3. Don’t Give More Information Than You Have To If necessary, give the police your name and address, but do not provide them with any other information. Always remember that anything you say can and will be used against you. Simply remain silent or ask to speak to your lawyer. 4. Do Not Give the Police Permission to Search Your Vehicle To search a vehicle, the police must have probably cause,…

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Misdemeanors– Finding the Representation You Need

September 18, 2014  |  Adriel B. Villarreal

Misdemeanors are not to be taken lightly. Charges of this kind can result in incarceration and serious fines. With the representation of a criminal defense lawyer, you may be able to reduce incarceration time and/or fines, or if you are not guilty, have the charges against you dropped altogether. Understanding the law and the charges against you are the first steps to ensuring that you find the right lawyer for your case. What is a Misdemeanor A misdemeanor, as classified under the law, is a crime in which the sentence is up to 90 days in jail. Misdemeanors are often something small like theft or DUI/DWI. Types of Misdemeanors There are two types of misdemeanors that every person should know: gross and regular. Gross Misdemeanor: A misdemeanor that is more serious in nature. These charges may come with fines up to $3,000 and incarceration up to the maximum of 12 months. Regular Misdemeanor: A regular misdemeanor is a lesser crime. Most crimes classified as regular misdemeanors only come with a fine and/or community service. Incarceration may also be included with a regular misdemeanor, but cannot exceed 90 days in jail or $1000 in fines. Finding a Lawyer if You Were Charged With a Misdemeanor in Minnesota Finding a lawyer to fight your misdemeanor…

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