If you use money to obtain sex, then you may be charged with a solicitation for prostitution. Whether you use a phone or the internet, you still may be charged with prostitution. Many individuals wrongly assume that the use of dating sites for solicitation insulates them from criminal charges. However, pictures and posts by attractive "women" may actually be undercover cops trying to entice you to commit a crime.
ESCORT SERVICES & PROSTITUTION
Some escort services may be just a front for prostitution. Knowing this, police officers will often pose as 'customers' to entice unsuspecting women to engage in acts of prostitution. Often, even if the escort refuses to participate in acts of prostitution, they will be arrested. Remember, vice-squads spend lots of money and man-hours to catch prostitutes in the act.
Remember, vice squads can't exist without the existence of prostitution. If they can't catch you soliciting or in the act of prostitution, then they will need to "encourage" you to commit the crime. If you have been charged with prostitution, you need to contact me BEFORE you appear in court. In fact, if you hire an attorney you may NEVER have to appear in court. Call me today to fight your prostitution charges.
The Law Offices of Errol Cook will aggressively defend you.
Saturday, December 31, 2011
Friday, December 30, 2011
Prostitution
The consequences of being charged with prostitution can be both expensive and embarrassing. I will handle your PROSTITUTION CASE DISCREETLY. The charge itself is a public record and can have a negative impact on your career and your family life. You need an experienced attorney who is both aggressive and experienced in prostitution charges.
Don't go to your arraigment (your first court appearance) by yourself. In fact, don't go to the arraignment, have me go for you. The judge or prosecutor may offer you a deal (plea bargain) that you think is great, only to find out later that had you hired an attorney you could've had the charges reduced or dismissed.
Prostitution charges can also be handled by your attorney without you ever having to appear in court. This will save you both time away from your job and the embarrassment of having the charges read aloud in court.
CALL ME NOW @ (562) 209-1114
Don't go to your arraigment (your first court appearance) by yourself. In fact, don't go to the arraignment, have me go for you. The judge or prosecutor may offer you a deal (plea bargain) that you think is great, only to find out later that had you hired an attorney you could've had the charges reduced or dismissed.
Prostitution charges can also be handled by your attorney without you ever having to appear in court. This will save you both time away from your job and the embarrassment of having the charges read aloud in court.
CALL ME NOW @ (562) 209-1114
Thursday, December 29, 2011
Prostitution
Prostitution is a very serious crime that can lead to loss of your job, professional humiliation, a criminal record, jail time, and the break-up of your family. I have handled numerous cases involving prostitution and have obtained acquitals, dismissals and reduced charges. I can help you by reviewing the police report, looking for mistakes, errors, and ommissions that can lead to your prostitution charges being reduced or even dismissed. You need a trial attorney who is skilled and confident when facing prostitution charges.
Wednesday, December 28, 2011
Welfare Fraud
Welfare Fraud is a very serious crime that can cause the accused to lose essential government benefits. Whether you are accused of receiving food vouchers or even housing benefits wrongfully, you need an aggressive attorney to defend you in court.
Tuesday, December 27, 2011
Drunk in Public
The District Attorney files this charge for a person who is found in a public place under the influence of drugs or alcohol, in a condition such that he is unable to care for his own safety or the safety of others, or if he is interfering with the use of a public street or walkway. This crime is a misdemeanor (Penal Code Section 647(f)). Depending on your age, a conviction of this crime could result in a suspension of your California Driver's License.
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case
Monday, December 26, 2011
Arson
The District Attorney files arson charges against a person if they willfully and maliciously set fire or burn someone else's property (Penal Code Section 451). This charge is a felony, and punishment varies depending on the particular facts of the case. For example, there are increased punishments for a fire that was started to an inhabited dwelling, or if someone is injured as a result of the fire.
Depending on the facts, the District Attorney could, instead, file charges against a person for "unlawfully causing a fire" if the act was reckless rather than malicious and intentional (Penal Code Section 452). Again, the punishment varies depending on the facts, any injuries, the property burned, etc. This charge can be filed as a misdemeanor or felony.
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.
Depending on the facts, the District Attorney could, instead, file charges against a person for "unlawfully causing a fire" if the act was reckless rather than malicious and intentional (Penal Code Section 452). Again, the punishment varies depending on the facts, any injuries, the property burned, etc. This charge can be filed as a misdemeanor or felony.
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.
Sunday, December 25, 2011
Vandalism Or Graffiti
The District Attorney files this charge against a person who maliciously defaces, damages, or destroys the property of another (Penal Code Section 594(a)). This charge can be filed as a misdemeanor or felony depending on the value of the damage caused to the property. A conviction for violating this statute requires a one year suspension of your driving privilege, or a one year delay in your ability to get a California Driver's License.
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.
Saturday, December 24, 2011
ADVICE TO PARENTS: Hiring a Qualified Juvenile Attorney
Mr. Cook has handled the gamut of juvenile cases in Los Angeles and Orange Counties. His experience in juvenile court includes virtually every charge imaginable including gang cases, gun cases, drug sales/possession, crimes of violence, robberies, vandalism, driving under the influence, etc.
Contact Mr. Cook if you suspect your child is under investigation for a crime, or has been arrested. Do not discuss anything with the police or probation before hiring an attorney.
Contact Mr. Cook if you suspect your child is under investigation for a crime, or has been arrested. Do not discuss anything with the police or probation before hiring an attorney.
Friday, December 23, 2011
ADVICE TO PARENTS: Costs of the Juvenile Adjudication Process
Once your child appears in court, he/she will be appointed a Public Defender from the Public Defenders Office. The court will not allow your child to go through the proceedings unrepresented. Although this appears to be a "free" lawyer service, it is not. The county will bill you per appearance for their services.
If your child is in custody, you also will be billed by the county for each and every day spent in juvenile hall. If he/she becomes a ward of the court and placed on probation, you will be billed for the costs of probation supervision, including drug/alcohol testing, counseling, etc.
Not hiring an attorney can be a costly mistake. Errolcooklaw.com
If your child is in custody, you also will be billed by the county for each and every day spent in juvenile hall. If he/she becomes a ward of the court and placed on probation, you will be billed for the costs of probation supervision, including drug/alcohol testing, counseling, etc.
Not hiring an attorney can be a costly mistake. Errolcooklaw.com
Thursday, December 22, 2011
ADVICE FOR PARENTS: Probation Interview
The same principle stated above holds true during an interview with the probation department. Remember, as discussed above, any statements made by you or your child to probation will be used throughout the juvenile proceeding against your child. Complaints about your child's behavior at home, at school, about your child's drug/alcohol use, prior criminal activity, etc., will all be used during the negotiation of your child's case.
You need a qualified juvenile attorney to assist guiding you and your child through this complex process. An attorney should be contacted prior to any discussions with the police or probation, irrespective of the guilt or innocence of your child. The issue is not culpability, the issue is being advised of your child's rights, what consequences him/her is facing, and what the appropriate steps are to take in order to help your child avoid making a bad situation worse. Again, do not fall into the trap of believing that your child is "getting what he/she deserves". You will later learn that this is often times just not the case. Once the bell has been rung, it's frequently too late.
Wednesday, December 21, 2011
ADVICE TO PARENTS: Police Interrogation
If your child is under investigation by the police, it is time to contact an attorney. As we all know, children often times are poor decision-makers, and may tell the police (or any authoritative figure) a variety of things, some true, some false, believing that they are helping themselves avoid trouble. This is, quite frankly, a bad idea. The best thing your child can do is not discuss any matter with the police without an attorney present, regardless of his/her guilt or innocence.
Any statements given to the police by you or your child are in furtherance of a prosecution, and there should be no mistake about this concept. Even if you believe that your child is "guilty" of the crime and learning a deserved hard lesson, do not believe anyone that tells you, "Don't worry, it will just be a slap on the wrist". You will soon find that this was not accurate advice.
Your child has the right to an attorney, to remain silent, to have a parent present during questioning, or to discuss the case with the police if they so choose. However, these issues should only be decided with the assistance of a qualified juvenile attorney
Tuesday, December 20, 2011
Juvenile Crimes
Having a child arrested and accused of committing a crime can be one of the most difficult and trying times for a parent. Most parents are not familiar with the criminal law process, particularly when it involves their own child. Hiring a qualified juvenile attorney to protect and fight for your child's rights is of utmost importance.
This first thing a parent needs to know is that juvenile crimes are handled in a very unique and different manner than adult cases. This is very important to understand when making a decision about hiring an attorney. Although many defense attorneys will gladly take on a juvenile case, a great majority do not have extensive experience or knowledge in this area of the law. You absolutely need to find an attorney that has devoted a large portion of his/her practice to juvenile law. Southerncaliforniacriminalattorney.com
Stage 1: Investigation
Similar to any criminal case investigation, the police either respond to a complaint made by a "victim", or they witness what they believe to be a crime committed by a child. If the police believe that your child may have been involved, they will want to question him/her. In almost every single juvenile case, the child is more than willing to cooperate and tell their side of the story, whether that story is the truth or not. This, without fail, results in a disaster. Typically, the police will question your child outside of your presence, and often without your child's full understanding of what his/her legal rights are, or the consequences of their statements.
Stage 2: Arrest
After conducting their investigation, the police may arrest your child. If so, your child will either be booked and released back to your custody, or will remain in custody and taken to juvenile hall. This determination is made by a combination of factors, including the seriousness of the crime, your child's involvement, his/her family life and support, and the physical capacity of the juvenile hall to accept your child. If the child remains in after arrest, he/she will be brought in front of a judge within two days for a "detention hearing".
Stage 3: The Probation Interview
The probation department will set up an interview with you, the parents, and your child after the arrest. If your child is out of custody, you will receive a letter in the mail with an appointment date that "requires" your attendance before your child's first appearance in court. If in custody, the appointment will be shortly after the arrest, but before the detention hearing.
During the interview with your child, the probation officer will ask him/her about the incident. They will be armed with the benefit of a police report, and they will ask your child about his/her specific involvement in the crimes alleged. Additionally, they will ask your child about their family life and social history, school history/attendance/grades, prior drug/alcohol use, and prior criminal activities. Juveniles typically agree to discuss these issues with probation, and many times admit to their involvement in the crime (if they were, indeed, involved), as well as every single "bad" thing they have done in their entire life.
You, as parents, will be asked a similar line of questioning as your child. Parents, without knowing the dire consequences of their statements, typically take this opportunity to complain and vent about everything their child has done wrong over the past few years. Usually this involves how disrespectful your child is at home, how he/she doesn't listen, doesn't obey rules, has experimented with drugs/alcohol, or has poor performance in school.
All of the statements made to probation are then published in a report. A copy of this report is given to the judge, the prosecutor, and the defense attorney. This report has a dramatic influence on what happens to your child's case, from start to finish. It can be the basis for continued detention of an in-custody child, or their release back to you. The report will absolutely be used to influence the ultimate outcome/resolution of your child's case.
Stage 4: Arraignment/Detention Hearing
This is the first court appearance on your child's case. At least one parent is ordered to attend.
If your child is in custody, this is the date in which the judge will decide whether or not to keep him/her detained, or released back to you. The seriousness of the offense alleged, the probation report, and oral argument by the district attorney and defense counsel will all be considered.
On this date, your child will be advised of the charges against him, and your attorney will typically enter a denial of the allegations and set future court hearing dates. Your attorney will get a copy of the initial "discovery" on the case, which includes the probation report and police reports filed with the District Attorney.
Stage 5: Pre-Trial
Similar to an adult criminal case, this is usually the first stage of negotiations between the defense attorney and the prosecutor (called the "petitioner" in juvenile cases). The two attorneys will talk about the facts of the case, mitigating and aggravating factors, your child's social history, etc. The probation department and the judge are oftentimes involved in these conversations as well.
If an appropriate resolution of the case is agreed upon by all parties, then your child may decide to admit to the allegations and accept the bargained for agreement. The outcome of your child's case will vary based upon all of the aforementioned factors, including the crime committed, your child's involvement, his/her social history, etc.
If an agreement about resolving the case cannot be reached, or your child did not commit the crime alleged, then the case proceeds to trial.
Stage 6: Trial
Your child has a "speedy trial" right to be tried within 15 court working days if in custody, or 30 calendar days if out of custody. Your child, under current law, does not have the right to a trial by jury in California (unless the case is serious enough that it is elevated to adult court). Instead, your child has the right to have his/her trial in front of a judge. The judge, instead of a jury, listens to the evidence presented at trial, and decides whether the petitioner has proven the case beyond a reasonable doubt.
If the judge believes that petitioner has met their burden of proof, your child usually becomes a "ward" of the juvenile court and can be placed into custody, given a work program commitment, community service, or various other types of sanctions. Typically, your child is also placed on formal probation, is required to report to a probation officer, and must comply with certain terms and conditions of probation. If your child does not comply, his/her probation can be revoked and he/she can be further sanctioned for non-compliance.
If the case is not proven beyond a reasonable doubt, your child is acquitted. The District Attorney can no longer prosecute your child for the crime alleged to have occurred.
Sealing Your Child's Juvenile Record:
Once all court sanctions are complete, your child should hire an attorney to assist in "sealing" his/her record. While a juvenile "adjudication" is not considered a criminal conviction, it is still important to seal your child's record because it will help preclude future employers from finding out about the mistakes one makes while still a juvenile. Your child can legally say he/she has not been convicted of any criminal offense, and it will make your child's future that much easier.
Monday, December 19, 2011
Probation Violations
Probation violations can be complicated for a person to handle without a skilled advocate fighting for them. The defendant is already on probation with the court, and the prosecutor only has to prove that it's more likely than not that the defendant violated some term of this probation. If proven, the defendant can then be sentenced by the judge without further ado. There is no right to a jury trial on a probation violation case.
The problem many defendants with probation violations face is that the Judge will likely not want to listen to any of their excuses about not paying fines, not attending a court-ordered program, or failing to do something they were supposed to do. If you go to court and spend a day listening to all of the excuses people so commonly use, you'll see why almost every probation violation is such an uphill battle from the outset. Most Judges simply get fed up hearing that "the dog ate my homework."
Having an attorney who can discuss or negotiate your case with the Judge and prosecutor is imperative to a better outcome. Avoiding a probation violation may also help you down the road if you're trying to get a conviction off of your record pursuant to Penal Code Section 1203.4.
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case. Southerncaliforniacriminalattorney.com
Sunday, December 18, 2011
Brandishing
Any person who, except in self-defense, draws or exhibits a deadly weapon or firearm in an angry, rude, or threatening way, or uses it in a fight can be charged with "brandishing" by the District Attorney. Punishment varies, but the District Attorney will frequently want to impose a mandatory minimum amount of custody time as required by this particular statute (Penal Code Section 417).
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case. southerncaliforniacriminalattorney.com
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case. southerncaliforniacriminalattorney.com
Saturday, December 17, 2011
Possession Of A Dangerous Or Deadly Weapon
There are many weapons that, if knowingly possessed, violate Penal Code Section 12020, including: billy clubs, brass knuckles, short-barreled shotguns, dirk or daggers, etc. This crime can be filed as a misdemeanor or felony by the District Attorney.
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your casesoutherncaliforniacriminalattorney.com
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your casesoutherncaliforniacriminalattorney.com
Friday, December 16, 2011
Resisting Arrest
If a person engages in any conduct that either obstructs, resists, or delays a police officer in the lawful performance of their duties, the District Attorney will file misdemeanor charges alleging a violation of Penal Code Section 148(a)(1). If convicted, the accused faces up to a year in custody.
Unfortunately, the threshold for violating this statute seems relatively low, and the victim is always a police officer. That could very well mean that it's going to be your word versus the officer's as to what exactly happened at the time of the arrest. The officer will commonly have other officers willing to back up his version of the events, and they will likely contradict your version. Accordingly, an aggressive defense is imperative.
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.
southerncaliforniacriminalattorney.com
Unfortunately, the threshold for violating this statute seems relatively low, and the victim is always a police officer. That could very well mean that it's going to be your word versus the officer's as to what exactly happened at the time of the arrest. The officer will commonly have other officers willing to back up his version of the events, and they will likely contradict your version. Accordingly, an aggressive defense is imperative.
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.
southerncaliforniacriminalattorney.com
Thursday, December 15, 2011
Assault/Battery Against Police Officer
This crime is very similar to a simple assault and battery, the only difference being that the alleged victim is a police officer. Most often, this charge is filed by the District Attorney's Office as the result of some sort of physical altercation between a person and an on-duty police officer. Unfortunately, it frequently turns into a situation where it's the officer's word against the word of the citizen being
charged.
To be convicted of a battery against a police officer, the prosecutor must prove that a person willfully touched an officer in a harmful or offensive manner, and was not acting in self-defense. The prosecutor also must prove that the person knew, or reasonably should have known, that the victim was a police officer engaged in the performance of their duties. There is no requirement that the officer suffer any injury or pain as a result of the touching. Any touching is enough, so long as it's done in a harmful or offensive manner.
Proving an assault on a police officer is even easier for the prosecution. The prosecutor basically just has to prove that the person did some act that would likely result in the application of force to the officer. Usually, this simply involves taking a swing, even if there is no contact made. The battery component is charged if actual contact is made. Thus, if you swing and miss, it's just an assault. If you make contact, it's an assault and a battery.
These types of charges can be filed as either misdemeanors or felonies, depending on the injury inflicted. If convicted, the sentencing possibilities vary dramatically, ranging from up to a year in custody in county jail, or several years in state prison. If weapons are involved, or great bodily injury is inflicted, then different or enhanced charges could be filed, and an enhanced sentencing scheme may also apply.
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.
southerncaliforniacriminalattorney.com
charged.
To be convicted of a battery against a police officer, the prosecutor must prove that a person willfully touched an officer in a harmful or offensive manner, and was not acting in self-defense. The prosecutor also must prove that the person knew, or reasonably should have known, that the victim was a police officer engaged in the performance of their duties. There is no requirement that the officer suffer any injury or pain as a result of the touching. Any touching is enough, so long as it's done in a harmful or offensive manner.
Proving an assault on a police officer is even easier for the prosecution. The prosecutor basically just has to prove that the person did some act that would likely result in the application of force to the officer. Usually, this simply involves taking a swing, even if there is no contact made. The battery component is charged if actual contact is made. Thus, if you swing and miss, it's just an assault. If you make contact, it's an assault and a battery.
These types of charges can be filed as either misdemeanors or felonies, depending on the injury inflicted. If convicted, the sentencing possibilities vary dramatically, ranging from up to a year in custody in county jail, or several years in state prison. If weapons are involved, or great bodily injury is inflicted, then different or enhanced charges could be filed, and an enhanced sentencing scheme may also apply.
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.
southerncaliforniacriminalattorney.com
Wednesday, December 14, 2011
Assault and Battery
Most often, this charge is filed by the District Attorney's Office as the result of some sort of physical altercation between two people (Penal Code Section 240/242). Unfortunately, many times it's the winner of the fight that gets prosecuted, not necessarily the person who started it.
To be convicted of a battery, the prosecutor must prove that a person willfully touched another person in a harmful or offensive manner, and was not acting in self-defense. There is no requirement that the victim suffer any injury or pain as a result of the touching. Any touching is enough, so long as it's done in a harmful or offensive manner.
Proving an assault is even easier. The prosecutor basically just has to prove that the person did some act that would likely result in the application of force to someone. Usually in a fight case, the assault is the swing, the battery is the actual contact. Thus, if you swing and miss, it's just an assault. If you make contact, it's an assault and a battery.
If convicted of either of these charges, the accused faces a misdemeanor on their record and up to 6 months in custody. If the injuries are severe, weapons are involved, or the victim is a police officer, then different or enhanced charges could be filed. Please refer to our Violent Crime or Crimes Against Police Officers sections for more information about those charges.
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.
southerncaliforniacriminalattorney.com
Tuesday, December 13, 2011
Embezzlement
Similar to grand or petty theft, embezzlement is essentially a crime of theft from a person who trusted their property with another (Penal Code Section 503, read in conjunction with the "theft" Penal Code Sections). This crime can be charged as a felony or misdemeanor, similar to the theft statutes. Typical embezzlement involves employers being the victims and employees who are the defendants.
Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.
southerncaliforniacriminalattorney.com
Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.
southerncaliforniacriminalattorney.com
Sunday, December 11, 2011
Grand Theft Auto
Commonly called "Grand Theft Auto," the prosecutor will file a complaint alleging violation of Vehicle Code Section 10851(a) if it believes the person stole a car with the intent to permanently keep the car, or even if the person only intended to keep the car temporarily. Auto theft charges can be filed against family members who take the car for a night out or even just a ride around town.
Believe it or not, this charge is often times filed against children who take their parent's car for the night without permission (assuming, of course, the police somehow get involved). Please note that this charge doesn't apply only to automobiles - it also applies to any "vehicle," as defined by the Vehicle Code. A "vehicle," for the purposes of this statute, may also include a golf-cart, motorcycle, motor scooter, etc.
This charge can be filed as either a misdemeanor or a felony, meaning the sentence ranges from a year in county jail all the way up to 3 years in state prison depending on one’s criminal history
Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.
southerncaliforniacriminalattorney.com
Believe it or not, this charge is often times filed against children who take their parent's car for the night without permission (assuming, of course, the police somehow get involved). Please note that this charge doesn't apply only to automobiles - it also applies to any "vehicle," as defined by the Vehicle Code. A "vehicle," for the purposes of this statute, may also include a golf-cart, motorcycle, motor scooter, etc.
This charge can be filed as either a misdemeanor or a felony, meaning the sentence ranges from a year in county jail all the way up to 3 years in state prison depending on one’s criminal history
Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.
southerncaliforniacriminalattorney.com
Saturday, December 10, 2011
Residential Burglary
A residential burglary charge is filed if the prosecutor believes that they can prove a person entered an inhabited dwelling house or building with the intent to commit a theft or any other felony (Penal Code Section 459-460(a)). This charge is a felony, and the maximum custody commitment is up to six years in state prison depending on the person’s criminal history.
There are subtle nuances in this area of law. Not only is residential burglary a strike offense, but it also has special enhancements if the dwelling was occupied. This is a very serious charge and you MUST have an experienced lawyer to fight for you.
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.
There are subtle nuances in this area of law. Not only is residential burglary a strike offense, but it also has special enhancements if the dwelling was occupied. This is a very serious charge and you MUST have an experienced lawyer to fight for you.
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.
Friday, December 9, 2011
Receiving Stolen Property
Similar to theft, this crime (a violation of Penal Code Section 496(a)) can be filed as a misdemeanor or felony. Usually, this charge is filed when the prosecutor believes that a person is in possession of stolen property, and that the person knew the property was stolen. Facing such a charge without an attorney is unwise. Allowing an attorney to be appointed to your case who simply has too many other cases to handle that day is also unwise.
If convicted of this charge as a misdemeanor, the accused can face up to a year in custody at a county jail. If the charge is a felony then the accused can face up to l year in custody if convicted of a felony.
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case
If convicted of this charge as a misdemeanor, the accused can face up to a year in custody at a county jail. If the charge is a felony then the accused can face up to l year in custody if convicted of a felony.
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case
Thursday, December 8, 2011
Commercial Burglary
A commercial burglary is filed if the District Attorney's Office believes that they can prove a person entered a building, such as a store, with the intent to commit a theft or any other felony (Penal Code Section 459-460(b)). Many of the big department and warehouse stores aggressively prosecute all shoplifters, even young children. Store security personal are also trained to arrest anyone they suspect is stealing, regardless of whether it was an oversight by the shopper.
A person can be charged with a petty or grand theft, and at the same time also be charged with a commercial burglary. This charge can be filed as a misdemeanor or as a felony as well, meaning the maximum exposure can vary from either a year in county jail, or up to several years in state prison depending on one’s criminal history.
Contact: Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.
Wednesday, December 7, 2011
Petty Theft/ Grand Theft
Petty Theft and Grand Theft
The prosecutor will file charges against a person for petty theft or grand theft if that person takes someone else's property without their consent, and intends to keep it permanently (Penal Code Section 484(a)-488, or Penal Code Section 487(a)). These charges can be filed as misdemeanors or as felonies depending on the value of the items stolen ($400 is the breaking point), and whether or not the person has a prior theft conviction (Penal Code Section 666).
If filed as a misdemeanor, the maximum sentence is up to six months in county jail. If the accused has a prior theft conviction, the maximum penalty is increased, and the charges can be filed as a misdemeanor or as a felony. If filed as a felony or petty theft with priors, the maximum sentence is several years in state prison.
The prosecutor will file charges against a person for petty theft or grand theft if that person takes someone else's property without their consent, and intends to keep it permanently (Penal Code Section 484(a)-488, or Penal Code Section 487(a)). These charges can be filed as misdemeanors or as felonies depending on the value of the items stolen ($400 is the breaking point), and whether or not the person has a prior theft conviction (Penal Code Section 666).
If filed as a misdemeanor, the maximum sentence is up to six months in county jail. If the accused has a prior theft conviction, the maximum penalty is increased, and the charges can be filed as a misdemeanor or as a felony. If filed as a felony or petty theft with priors, the maximum sentence is several years in state prison.
Tuesday, December 6, 2011
Theft
Theft charges are very serious and are considered crimes of 'moral turpitude.' Crimes of moral turpitude are crimes that may cause problems with immigration and naturalization or obtaining a job that requires a security clearance. They may cause you to fail a background check, lose your job, fail an interview and cause serious immigration problems for you and your family.
Although most individuals believe that the sanctions for a first time petty theft don’t require the assistance of an attorney, not getting the attorney’s advice on the future consequences of such a conviction can be serious.
Incarceration in theft cases can vary significantly between county to county and even courthouse to courthouse. For example, pleading guilty to a first time petty theft in one Orange County court can mean a class, DNA swab and fine, versus a different courthouse requiring jail. Obviously an experienced attorney is a must in these situations.
Sometimes a difference in one (1) day in jail may change the effect of the charge. You need an aggressive and experienced attorney who knows and understands the consequences of such a serious charge.
The Law Offices of Errol Cook will aggressively defend you.
Monday, December 5, 2011
Expungement of Records
If probation is granted to a defendant after a conviction you may be eligible to get your record cleared/expunged. In fact, you are eligible to get your record expunged whether you went to trial and lost or if you pleaded guilty and were placed on probation. Penal Code Section 1203 governs expungement, whether the district attorney or city attorney prosecuted your case.
Usually the probationer must complete their entire period of probation successfully to get an expungement. Even if you violated your probation, you are still eligible for an expungement. If expunged, the conviction is set aside and the case is dismissed from the defendant's record. The defendant then has the legal right to say that he has not been convicted of any crime, even when applying for a job (subject to certain exceptions, such as applying for a job with the county, state, etc.).
If a defendant is sent to state prison, and thereafter paroled, the process is more complicated and generally requires the parolee to get a "certificate of rehabilitation".
Expungement is a remedy available for most felonies and misdemeanors, although not all.
southerncaliforniacriminalattorney.com
Usually the probationer must complete their entire period of probation successfully to get an expungement. Even if you violated your probation, you are still eligible for an expungement. If expunged, the conviction is set aside and the case is dismissed from the defendant's record. The defendant then has the legal right to say that he has not been convicted of any crime, even when applying for a job (subject to certain exceptions, such as applying for a job with the county, state, etc.).
If a defendant is sent to state prison, and thereafter paroled, the process is more complicated and generally requires the parolee to get a "certificate of rehabilitation".
Expungement is a remedy available for most felonies and misdemeanors, although not all.
southerncaliforniacriminalattorney.com
Sunday, December 4, 2011
Under the Influence of A Controlled Substance
The prosecutor will file misdemeanor charges against a person for being under the influence of a controlled substance if he used a controlled substance, such as methamphetamine, heroin, ecstasy, or cocaine, and at the time of his arrest his body was being affected by that substance (Health & Safety Code Section 11550(a)).
If convicted of this misdemeanor offense, California law requires a mandatory minimum jail sentence of 90 days on a first violation unless you are eligible for a drug diversion and treatment program. If so, you may be able to avoid custody altogether, and even be able to keep a conviction off of your record if you complete such a program successfully.
southerncaliforniacriminalattorney.com
If convicted of this misdemeanor offense, California law requires a mandatory minimum jail sentence of 90 days on a first violation unless you are eligible for a drug diversion and treatment program. If so, you may be able to avoid custody altogether, and even be able to keep a conviction off of your record if you complete such a program successfully.
southerncaliforniacriminalattorney.com
Saturday, December 3, 2011
Possession of Drug Paraphernalia
The prosecutor will file misdemeanor charges against a person for possession of drug paraphernalia if the suspect possessed an object that can be used to inject or consume a controlled substance (Health & Safety Code Section 11364). These types of charges usually involve devices such as pipes, syringes, hypodermic needles, or anything else (even straws) that can be used to ingest narcotics.
If you've been charged with possession drug paraphernalia, the good news is that California has adopted various drug diversion and treatment programs that may be available to you. You may even be able to keep a possession of drug paraphernalia conviction off of your record altogether, should you qualify for such a program, and complete it successfully.
Contact : Errol L. Cook has years of experience handling drug cases, and will be able to advise you of your rights, options, and how to properly proceed with your case.
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