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When Charged With a Crime ®
October 27, 2020 eNewsletter Issue no. 50
Guilty Until Proven Innocent?
An opinion article by Stefano L. Molea was published this month in the Times of San Diego. The article, entitled “We Should Temper Our Immediate Reaction to News of Alleged Crimes,” provides a strong argument for withholding judgment in criminal justice cases until we hear all the facts. After all, the accused are presumed innocent until proven guilty, right?

At issue was a report of the alleged attempted kidnapping of a child from a car parked at a Costco store in North County San Diego. The alleged kidnapper was arrested, and then released on bail. In response to the fact that the man had been bailed out, there was an immediate social media frenzy, with reactions running from panic, to outrage, to concern over the safety of the community. As it turned out, the incident appears not to have been a serious threat, but rather a mistake.

Stefano’s conclusion: Information in the media is often incomplete, and sometimes way off the mark. It’s always best to pause before making up your mind about criminal matters reported in the press, and question how the information was gathered, and the timing of its release. Until the case makes its way through our criminal justice system, which will likely take longer than usual during these days of Covid, we may not know the truth for a while. Just because someone was arrested for, and/or accused of a crime, does not mean they are guilty. In fact, they could even be 100% factually innocent of the offense(s).

To hear Stefano speak about the issue, click here or on the photo above.
Don't Plead Guilty To Anything Before Seeing This!
A significant percentage of criminal cases are resolved by way of a plea bargain. If you are charged with a crime, there are questions you should ask your attorney before agreeing to plead guilty. In this video, attorney Ally Keegan discusses 6 of the most common questions to ask before giving up your constitutional rights relating to a jury trial.

  1. If you go to trial and lose, what is your maximum exposure? A 5-year sentence may look good if your total exposure is 50 years in prison. Your decision will also be affected by the strength – or weakness – of the prosecution’s case.
  2. Is the crime you are charged with a serious or violent felony – a “strike”? If so, it could have serious consequences for you down the road if you pick up another charge.
  3. How much custody credit will you receive?
  4. Will pleading guilty affect your immigration status? This could mean potential deportation or DACA issues.
  5. Will the conviction affect your right to own or possess firearms in the future? If so, for how long?
  6. If you are sentenced to probation, will that include a waiver of your 4th amendment rights? This could even allow your phone to be searched without probable cause. Your attorney may be able to convince the judge that such a broad waiver is not necessary in your case.

If you would like more information about questions you should ask before entering into a plea bargain, or if you would like a second opinion on your case, call us today to get the case evaluation process started and to get your questions answered.
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San Diego, CA 92103
Phone: 619-295-3555
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This newsletter is for meant for informational and marketing purposes only, and should not be relied on as legal advice. Viewing and/or use of the newsletter, including sending email or submission of forms, does not create or constitute an attorney-client relationship. Any endorsement, testimonial or other statement contained in or referred to in this newsletter is not a guarantee, a warranty or a prediction of a particular result in your case. Our attorneys are active members of the State Bar of California and are admitted to practice law in any and all California state courts and in the Southern District of California federal courts.