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Crime.Justice & America - Ask a Lawyer - Drug Related Cases and Spousal and Child Abuse Criminal Cases explained

"Better education means better justice. Better education means a higher standard for government to insure proper prosecution and incarceration. Better education means reduced recidivism, and in turn, less financial burden on society".

 Drug Related Cases and Spousal and Child Abuse Criminal Cases explained

Hinkle, Jachimowicz, Pointer & Mayron talks about two of the difficult situations you may face in the criminal justice system. Since they claim the title of largest private criminal law practice in Santa Clara County CA, with decades of experience and seven attorneys, it would make sense for those involved in a criminal case to read on….

Drug Related Cases

Most people do not realize that being under the influence of a controlled substance such as meth-amphetamine, cocaine or ecstasy results in a mandatory 90-day sentence in jail, if other options like Deferred Entry of Judgment (formerly called Diversion) are not explored and achieved. Your lawyers experience is important in making the right referral at the right time for a client caught in the web of a drug arrest. While many cases can be defended on Illegal Search & Seizure grounds, the true answer often lies in recovery from a drug problem, even if it is only occasional drug use. A referral to a program often will be accepted by the court in lieu of a jail sentence. These outpatient or inpatient programs usually allow the client to go to work on a daily basis and continue money coming in for his family and still cover most, if not all, jail requirements. Drug cases can be fought based on illegal Search & Seizure, lack of probable cause to stop (illegal stop by the police) and ultimately trial. Blood samples can be re-tested and expert opinions obtained on quantities of active, metabolized drugs (whether there is really any influence left from the drugs ingested). A major component, however, is the recovery process and your lawyer should discuss how this could help you, both personally and with your case.

Spousal and Child Abuse

Since "O.J.", the spousal abuse case has taken on a whole new dimension in California Law. If you are reading this paragraph, you probably realize that a spouse, roommate or indeed anyone in your life, can make a complaint, whether true or false, which will, under California law, usually require the police to arrest the person against whom a complaint is made. Even if the person who dialed 911 shows that they were not injured, or begs the police not to arrest, the arrest is usually made, resulting in a large bail and serious consequences, including jail, one-year domestic violence programs, and fines and expenses of the program which can exceed several thousands of dollars. Laws intended to protect victims, have victimized many innocent people. Your lawyer must aggressively fight to protect the rights of the people accused of battery. In many cases, the victims who have alleged family violence, have begged the District Attorney to drop charges, or even admitted that they have not told the truth, and yet the District Attorney persists in prosecuting the case, without regard to the rights of the alleged victims. We have represented both victims as well as the person accused of the crime. Our firm’s knowledge of the system, and the fact that four of our seven criminal attorneys have law enforcement backgrounds give us our unique perspective on the phenomenon of domestic violence, and helps us to obtain the appropriate result for your case, and not merely satisfy the needs of a society angered by the spectacular and "newsworthy" cases that do not necessarily apply to your situation.

Hinkle, Jachimowicz, Pointer & Mayron can be reached at 408-246-5500. Come by and talk with them. 2007 W. Hedding Street, Suite 100, San Jose, California 95128

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