Law Offices of Severo, PLCOver 40 Years Of Proven Legal Success In Handling California Criminal Defense Cases2024-02-21T14:01:17Zhttps://www.severolegal.com/feed/atom/WordPress/wp-content/uploads/sites/1201821/2021/06/cropped-severo-site-icon-32x32.jpgOn Behalf of Law Offices of Severo, PLChttps://www.severolegal.com/?p=497422022-11-15T13:55:50Z2022-11-15T13:55:50ZIf the police charge you with driving under the influence (DUI), you shouldn’t just accept the charge. It’s a criminal offense with severe consequences, including a criminal record.
Yet many people do just accept it in a way they probably would not for other criminal accusations. As with any criminal charge, there is always a chance to beat a DUI. Here are some possible ways to do so:
1. Challenge the stop and arrest procedures
The police must follow specific rules when pulling people over, operating a sobriety checkpoint or making an arrest. Yet sometimes, they don’t. Even one procedural mistake might be enough to invalidate the case against you.
2. Challenge the test results
Even the most rigorous science experiments are open to doubt. So are police DUI tests:
Did you fail a breathalyzer test? What if you knew that these machines are not always accurate? If the police fail to get their machine calibrated on schedule, there may be enough potential for error with the reading that you could have been under the limit, despite reading over.
Did you fail a field sobriety test? These are said to be pretty accurate when the results from the three standards tests are combined, but they are still open to interpretation by the officer that had you take them. There are also many reasons why even someone who is stone-cold sober might fail one or more of these tests – for example, a disability, nerves or not understanding the instruction correctly.
Knowing that these options exist is a long way from understanding how to choose the appropriate one and put it into action. For that, you should always seek legal help from an experienced DUI defense team.]]>On Behalf of Law Offices of Severo, PLChttps://www.severolegal.com/?p=497302022-10-31T14:47:26Z2022-10-31T14:47:26ZThe role of intent
The most important thing to remember with these types of tax situations is that intent is incredibly important. If you intended to under-report that income specifically so that you could pay less in taxes, then this could be counted as a criminal act. Willfully defrauding the government of tax money is illegal, and it is something that the IRS takes very seriously.
On the other side of the coin, however, is the fact that a lot of people make honest mistakes with their taxes. Even business owners may not have tax-specific training, and most people who are filing their personal taxes have never taken any training courses at all. If you make a mistake without intent, though you may have to rectify it later by paying the amount that you owe, it is generally not considered an illegal act.
If you do find yourself accused of breaking the law and you’re worried about what it means for your future, it may be time to start looking into your criminal defense options.
]]>On Behalf of Law Offices of Severo, PLChttps://www.severolegal.com/?p=497342022-10-26T13:43:35Z2022-10-26T13:43:35ZExpungement is a process sometimes used by those who have a criminal record. They want to clear the record, and so they seek to have it expunged. This is also sometimes referred to as sealing the record.Often, people assume that this means that the record has been erased. It no longer exists. But it’s important to note that that’s not exactly how it works. The record is simply sealed and altered, but it does still exist. Here’s what you should know:
Then why seek an expungement?
What the expungement does is that it limits who can actually see that record. To a prospective employer, for instance, the charges that you had expunged are not going to show up on a background check. You are fully allowed to tell them that you don’t have a criminal record if they ask.But the goal of doing this is generally just to give people more options in life after a criminal conviction. An expungement can help them get a job, and it may help with finding a place to live, applying for benefits or even applying to certain schools – just to name a few examples.But the authorities, such as the police department or the FBI, can certainly still see your record. It does exist. It is marked for them, so they can see that it was sealed, but it is not entirely erased. That record is likely still going to stay on these government files, but the vast majority of people that you actually interact with on a daily basis would have limited ability to look at your history.If sealing a record is something that you’re interested in doing, it can be a complex process. You may want to make sure you know exactly what steps to take.]]>On Behalf of Law Offices of Severo, PLChttps://www.severolegal.com/?p=497012022-10-10T14:34:27Z2022-10-10T14:34:27ZEvery prosecution rests on the strength of the evidence the state has in its possession. Yet, what the prosecution claims is irrefutable evidence isn’t always as foolproof as they say. Hence looking for ways to challenge evidence can be a key defense strategy in any criminal case.
Here are three ways your California defense team might be able to challenge the evidence in your case and raise reasonable doubts:
By presenting evidence to the contrary
The prosecution presents a passerby who says they saw you at the crime scene around the time it occurred. If you can find another person who will stand up and say you could not have been there because you were with them, it can negate the passerby’s testimony. Alternatively, you could use receipts or other time-stamped documents to prove you were elsewhere.
By casting doubt on the validity of a physical piece of evidence
If the prosecution presents an item they claim you used in an attack, you need to look at what records the police have to prove that it was:
Found where they say it was
Found when they say it was
Stored securely so that no one could swap it out or mix it up
By showing the police did not have a right to collect a piece of evidence
Let’s imagine you are accused of a crime based on information discovered on your computer. The police cannot just go around seizing people’s electronic devices. They usually need a search warrant if they wish to enter your property and take things. Without one, a judge may refuse to admit the evidence.Do not give up hope if facing criminal charges. If you seek help from an experienced criminal defense team, you may find defense options you have never even considered. ]]>On Behalf of Law Offices of Severo, PLChttps://www.severolegal.com/?p=497042022-10-03T13:31:54Z2022-10-03T13:31:54ZDiscovering you face criminal charges can be scary. Unfortunately, that could lead you to do things that make your situation more difficult.
Once you realize you might face charges or already are, you need to think everything through carefully. That is why the general advice is to seek an attorney immediately. They can guide you on what to do and what not to do.Here are three things to stay clear of:
1. Posting about your charges on social media
Let’s say you are charged with assault after a bar fight. You feel indignant because the other person threw the first punch. If your social media posts are open to the public, someone could make comments suggesting that you were to blame -- and provoke you into defending yourself with a narrative that could later be used against you. They might even have a recording of you earlier in the bar, appearing a bit drunk or mouthy. Legal teams often search social media for evidence, so by refraining from posting, you reduce the chance you'll gift them something that harms your defense.
2. Contacting your accuser
Let’s imagine the bar fight was with someone you know or a friend of a friend. It may seem natural to try and contact them to see if you can sort this out some other way without involving the courts. They could agree, but the risk is that they record your contact attempts and present them as evidence that you were trying to silence them.
3. Destroying evidence
Prosecutors will look for evidence to use against you. They may even try to take something innocent and twist things so that it looks like evidence. You might think disposing of anything they could use to accuse you is a wise precaution. Yet a court might view it as you trying to cover something up, which could lead to further charges.If you're facing criminal charges, you cannot afford to make these mistakes. Seeking urgent legal guidance is crucial to avoid doing so.]]>On Behalf of Law Offices of Severo, PLChttps://www.severolegal.com/?p=497062022-10-03T13:36:38Z2022-09-30T13:35:36ZThere are so many budding entrepreneurs and business owners looking for an investment that convincing someone they should invest in you and your idea can be incredibly challenging.
Therefore, some people exaggerate how good their idea or product is. If all goes well, and you make a lot of money for everyone, then they are unlikely to complain. When things do not go so well, they might.One famous example from the past few years is the CEO of Theranos, Elizabeth Holmes. A federal court found her guilty of lying to cover up the problems with her blood-testing product. It convicted her of three accounts of wire fraud and one of attempting to commit wire fraud. She is due to be sentenced in October of this year but could face years in jail as courts typically treat fraud very seriously.
There will always be some risk to investing
Not all companies people invest in will turn out as wonderful as they hoped. It is the risk they take. Therefore, even if someone accuses you of fraud, they still have a lot to prove for a court to convict you. For example, the prosecution would need to show:
You gave someone something that you presented as facts.
You knew that information was incorrect.
They relied on those facts to make a decision.
They lost money or suffered some other form of harm as a result.
That leaves many ways to contest their accusations. For example, you may have given them facts you knew were wrong, but if you can show they had plenty of other information to the contrary, you could argue they should not have relied on the information you provided.You should not try to defend against fraud charges alone. Seek legal help to increase your chances of success.]]>On Behalf of Law Offices of Severo, PLChttps://www.severolegal.com/?p=496812022-09-28T15:53:58Z2022-09-28T15:53:58ZThe United States has a drug problem, but the near-hysteria regarding opioid prescriptions has put many legitimate pain clinics and pain doctors under a microscope where their every action is (often unfairly) scrutinized.
A recent U.S. Supreme Court ruling in Ruan v. United States has recently raised the bar, however, when it comes to prosecuting doctors for “overprescribing” pain medications based on their heartfelt assessments of their patients’ medical needs.
What brought the case to the U.S. Supreme Court?
The Ruan case actually involved two physicians who were sentenced to decades apiece in prison for, in essence, operating “pill mills” by dispensing prescriptions for opioids outside of their usual dosages. Through jury instructions, the trial court had denied the physicians the ability to present a “good-faith” defense based on the idea that they had issued the prescriptions for what they believed were legitimate reasons. Expert witnesses in the case, which were relied upon by the government to make their case, simply testified that the dosages were not in line with what another “reasonable” physician would do.After their initial appeals failed, the U.S. Supreme Court agreed to hear the case, and the justices unanimously agreed that both cases should be remanded back to the lower courts for reconsideration.
What does this mean for doctors accused of overprescribing?
According to the Supreme Court, prosecutors now have a higher burden of proof in order to win a conviction against medical providers in these situations. Not only must they prove that the dosages were outside the norm, but that the prescriptions were given “knowingly or intentionally” without a medical purpose.Essentially, this helps draw a line between doctors who are truly operating “pill mills” for profit and doctors who are just honestly trying to provide appropriate care to patients in pain. Given that there’s a lot of debate about what kind of pain relief is best for any given situation, this opens the door to a more robust defense if you’re a doctor accused of a drug crime.If you’re a physician who is accused of overprescribing, it’s time to revisit the defense options available to you. Learn more about your legal options today when you content a criminal defense attorney.]]>On Behalf of Law Offices of Severo, PLChttps://www.severolegal.com/?p=496832022-09-28T21:58:54Z2022-09-27T21:57:21Ztype of theft and falls under that general umbrella.
However, there are some key distinctions that make embezzlement different than traditional types of theft. It’s important to know what these are if you’re facing such accusations. It may help you as you look into all of the legal options that you have and determine the best defense strategy.
You may originally obtain the assets legally
One of the biggest differences is how you get the assets initially. With other types of theft, the individual is accused of taking something that does not belong to them directly. Someone breaks into a home and steals a television, for example.
With embezzlement, however, the assets are often given to you – for example, to invest or hold. You legally obtain them. The problem is misappropriation after the fact. When those assets are transferred somewhere else illegally or used in an inappropriate manner, then it becomes embezzlement. This is true even though you were supposed to be given the assets, perhaps as part of your duties at work.
For instance, someone who works at a store or restaurant may be tasked with taking the money from a cash register and depositing it in the bank at the end of the night. They are certainly allowed to take the money with them, but as soon as they keep some for themselves instead of depositing it all in the bank, it becomes embezzlement.
This may seem like a small distinction, but it can make a very big difference when looking at the chain of evidence and what a person’s responsibilities actually were. If you’re facing such charges, be sure you know about all of the criminal defense options at your disposal.]]>On Behalf of Law Offices of Severo, PLChttps://www.severolegal.com/?p=496652022-09-27T19:27:09Z2022-09-23T15:25:25ZBefore you decide it’s not worth it to try to fight a DUI charge, it’s crucial that you realize all of the effects it can have on virtually every aspect of your life – including where you can travel for vacation or business.
A DUI on your record in California (or any other state) can prevent you from entering another country. All countries have their own laws around allowing visitors with a criminal record to enter. Drunk driving is a more serious offense in some other countries than it typically is in the U.S. – for example, in the Middle East. A DUI conviction can also prevent you from traveling across our border. Let’s look more closely at the regulations of our neighbors to the south and north.
Mexico
Anyone who has had a DUI conviction within the last 10 years can expect to be denied entry into Mexico. Mexico considers drunk driving offenses “indictable” crimes, which are similar to our felony crimes. People who have been convicted of felonies in the U.S. or crimes that Mexico equates with felonies can be prevented from entering.
Canada
Canadian regulations are a little more complicated. If someone has been convicted of a drunk driving offense within the past five years, Canadian law prohibits them from entering. As in Mexico, a DUI is the equivalent of a felony. Once you’ve hit the five-year mark (and have had no other criminal offenses), however, you can enter if you’re willing to pay a $200 fine or apply for something called “criminal rehabilitation” to seek entry. Only after ten years following your conviction (and no further criminal convictions) can you enter without going through either of the above steps. Ten years is the point where Canada deems someone “rehabilitated by time.”
Can an expungement allow you to travel freely?
If you already have a DUI conviction and you need to travel across the border to visit family, for work or for a vacation, you may want to seek an expungement of the conviction from your criminal record. If that was your only criminal conviction, this should free you up to travel as you choose. Whether you have been charged with DUI or have been convicted and want to seek an expungement, it’s crucial to have experienced legal guidance.]]>On Behalf of Law Offices of Severo, PLChttps://www.severolegal.com/?p=496692022-09-27T19:11:35Z2022-09-21T15:00:48ZRecreational marijuana is legal in California, along with numerous other states. This means that licensed dispensaries are allowed to sell the product without violating state law, and people are able to buy it without having a medical card. Marijuana remains illegal at the federal level, but the states are beginning to set their own laws as citizens vote on what they would actually like to see.
One thing that is very common is for an individual to buy marijuana at a dispensary, go to a social gathering with friends and then share that marijuana with their friends. Is it legal to do this?
You can give cannabis as a gift
The good news is that you are allowed to give your marijuana products away as a gift in California. You can’t sell them, however. Only those with a license are allowed to sell them and make a profit. So you can’t charge your friends for the products at that social gathering, but you can give those same products to them for free if you would like to do so.Naturally, the person that you’re giving the products to also has to be at least 21 years of age. They need to be able to legally obtain those products. In other words, if they could have gone to the dispensary themselves and made the purchase, you can share it with them just to save time. But if there is something prohibiting them from legally purchasing marijuana themselves, such as an age restriction that they don’t meet, then giving it to them is still illegal.If you do find yourself facing serious charges after a mistake with marijuana, you should speak with an experienced attorney about your legal defense options.]]>