The Functions of a Trial Judge in Punishment

The Functions of A Trial Judge in Punishment

A judge performs functions to ensure that a criminal defendant receives a fair trial. However, in the event that the jury returns a verdict against the Defendant, these are the issues that the Judge will deal with:

First, a Judge has the discretion to make sentencing choices. This means that under the Determinate Sentencing Law, the judge has the power to select a high, middle or low term of imprisonment. The Judge can impose sentence, suspend the sentence, or even sentence in alternative formats like community service or county jail.

Second, a Judge has the power to impose a sentence for a misdemeanor and determine the punishment in the county jail for a particular amount of time, impose a fine in a fixed amount or both by fine and confinement.

Third, where the crime can be punished as a felony or misdemeanor, the judge has the power to reduce the charge pursuant to Penal Code 17(b)(4) to a misdemeanor.

Fourth, when a Defendant is charged with more than one offense, the judge determines whether the sentence shall run concurrently or consecutively.

Fifth, a Judge can grant probation and dismiss the charges after completion of the conditions of probation.

Finally, if permitted by law, a judge may change the minimum penalties and eligibility of the Defendant for parole by dismissing a charge of a prior conviction.

Client facing life in prison. Life charges dismissed.

Our client was facing life in prison for some very serious offenses involving lewd acts on a minor. Through our investigation, we determined that the client was being truthful about how he was innocent and had not committed the offenses.

One of his charges was an allegation for a violation of Penal Code 288.7, a life count.

CLICK HERE TO SEE THE SENTENCING RANGE FOR THIS CHARGE – 25 years to life

He was also charged with an allegation for a violation of Penal Code 269(a)(5), another life count.

CLICK HERE TO SEE THE 15 TO LIFE SENTENCING RANGE OF THIS CHARGE

After 14 court appearance, we were ready for trial. While the case was trailing, the District Attorney agreed to offer our client 6 years in custody in exchange for a dismissal of the most serious charges.

From a legal perspective, anyone facing life in prison must decide whether it is worth it to “roll the dice”. In this particular case, accepting a 6 year deal in light of the possibility of facing life in prison for a young adult is not a difficult decision.

Our client pled guilty because “it was in his best interest to do so”. The life charges were dismissed against him.

CLICK HERE TO SEE THE CASE SUMMARY ON THIS CASE INCLUDING THE DISMISSALS OF THE LIFE ALLEGATIONS

When Does A Police Officer Have To Read You Your Miranda Rights?

Once a week, I receive calls or meet clients who indicate to me that they spoke to an officer investigating a crime involving them, or their family, but that they felt that because the officer didnt’ read them their rights, that they can’t use the stuff they said against them in Court.

WRONG!!

WRONG!!

Most people are quite ignorant of the Miranda requirement. If there is one area of law that is the most important in our daily lives, it is the concept of Miranda.

A police officer does not have to read you your rights until you are in custodial interrogation. Both of these words are important. (1) Custody and (2) Interrogation.

Often, officers will not read rights because they will claim that the suspect was not in custody. Is this legitimate? Absolutely, the US Supreme Court allows officers to engage suspects in conversations and essentially interrogate them without being in custody as long as they are being detained for investigative purposes.

Don’t let this happen to you. If you have been accused of violating a criminal offense, speak to an attorney immediately. Or, better yet, invoke your right to remain silent and ask to speak to an attorney.

At KIA LAW FIRM, we are all about preventative legal help. The more you know, the more knowledge you have.

I will offer a free consultation with anyone who has legal questions. Knowledge is key. Knowledge is power.

Client Charged With Misdemeanor Hit And Run. Case Dismissed.

Our client in this matter was charged with violating California Penal Code 20002, leaving the scene of an accident without exchanging information. The client was taken into custody following the incident. We appeared at the arraignment of this matter and argued that the Defendant should be released on is own promise to appear. We were able to have the client be released from jail without posting any bail.

We successfully defended this matter and were able to reach a resolution of this case with a dismissal of the criminal charges against our client.

Our client had a high paying position which would have fired him if he had any misdemeanor convictions on his record. If you take a look at page 4 of the attached criminal docket, you will see it states, “THE CASE IS ORDERED DISMISSED”.

It should be noted that we were able to resolve this case by way of a CIVIL COMPROMISE, which is a difficult proposition for many district attorneys. Essentially, all criminal charges are dismissed against the client. Here, our client was responsible for the damages he caused. In our agreement, as long as he paid for the damages he caused, the entire criminal case was dismissed. A true success story of another happy client at KIA LAW FIRM.

SEE PDF OF CASE DISMISSAL BY CLICKING HERE

Arrested For Drunk Driving? Protect Your Rights. Call Us Now!

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DUI; CRIMINAL/TRAFFIC MISDEMEANORS; AND TRAFFIC INFRACTIONS (TICKETS)

The California Vehicle Code states as pertinent:

23152(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

Under Section 23152 (a) “under the influence” basically means that due to your drinking your physical and mental abilities are impaired and you no longer have the ability to drive with the same caution as a prudent ordinary sober person under the same or similar circumstances.

Under Section 23152 (b), you are prohibited from driving, if you have 0.08% of alcohol by weight, in your blood. You break the law simply by having that blood alcohol level or higher.

Once lawfully arrested (the officer had “reasonable suspicion” to pull you over and “probable cause” to arrest you), under Vehicle Code Section 23612, you are required to submit to a chemical test of your blood alcohol level.

The testing should be administered under the direction the officer who arrested you who has “reasonable cause” to believe that you were driving under the influence. The officer has to inform you that your failure to submit to or complete a chemical test will lead to the suspension of your driver’s license for one year (for a first offense).

In order to protect your constitutional rights and begin preparing for your defense, call us immediately.

When you are arrested, the officer will take your driver’s license. The officer will give a temporary license that is good for 30 days, and a notice that your license will be suspended in 30 days.

Once you get the notice, you have 10 days to request a DMV Hearing regarding the suspension of your license. Without the hearing, your license will be suspended for four months, and under certain conditions, even longer.

The maximum penalties for a first offense DUI under either or both of the Vehicle Code sections stated above can include: 6 months in the county jail; penalties and fines over $3,000; a license suspension of 6 months (under certain conditions, longer); impoundment of your car for 30 days; and the attachment of an “interlock ignition” device to your car that won’t allow you to start the engine if it detects alcohol in your breath.

The penalties for a second and third conviction for DUI are far more severe.

If you are arrested for DUI, like any other criminal case, you are presumed innocent unless proven guilty beyond a reasonable doubt of every element of the alleged offense as stated in the statute. It is important that you contact an attorney immediately to protect and preserve your rights and also make sure that you schedule the DMV Hearing within the 10 day period.

This information is for informational purposes only and does not constitute nor is it intended to constitute legal advice.