Part 4 in my series about appearing in court in Orange County. Today's post is focused specifically on the West Justice Center in Westminster. For more information about appearing in Santa Ana, Fullerton or Newport Beach, read my previous posts, below.
The West Orange County Justice Center is located at 1841 13th Street in Westminster, about 1 block east of Beach Blvd. From the 22 freeway, exit at Beach Blvd and head south. From the 405 Freeway, exit at Beach and head north.
The Westminster courthouse hears criminal cases from Costa Mesa, Cypress, Fountain Valley, Garden Grove, Huntington Beach, Los Alamitos, Seal Beach, Stanton and Westminster.
There are 3 parking lots -- one reserved for jurors, a free lot and a garage that charges to park. The free lot fills up early, so show up before 8:15 to save some money on parking.
Like the Harbor Justice Center, the courthouse in Westminster features an outdoor walk-up window for the clerk's office. You can make a payment, request an extension, reserve a court date, or obtain information about your case without going through the security screening process.
Also like the other courts in Orange County, you must find your name on the electronic display board as soon as you enter the building. The board will direct you to the appropriate courtroom.
Most misdemeanor arraignments and traffic matters are heard downstairs, in department W-3. For more information about what to expect at your misdemeanor arraignment, read my post about appearing at the North Justice Center in Fullerton, below.
If you plead "not guilty" at your misdemeanor arraignment, subsequent pre-trial conferences will be heard upstairs, in department W-15.
Most felonies are heard downstairs in departments W-1 or W-2. Once felony cases are set for preliminary hearings or motions, they are assigned out to a different department, depending on availability.
The West Justice Center is the smallest courthouse in the Orange County justice system. They pack a lot of people into a few rooms, so it gets a little crowded. There's no cafeteria inside the building, but there is a vending machine at the north end of the second floor. There's also a hot dog vendor out front if you're brave and hungry enough.
If you or a loved one has to appear in court at the West Justice Center in Orange County, call us for a free consultation. (714) 505-2468. Ask for John.
Thanks for reading.
Westminster Criminal Defense Attorney
Showing posts with label shoplifting. Show all posts
Showing posts with label shoplifting. Show all posts
Thursday, November 19, 2015
Wednesday, November 18, 2015
Appearing in Court at the Harbor Justice Center in Newport Beach: What to Expect
The Harbor Justice Center is located at 4601 Jamboree Rd. in Newport Beach, CA. From the 405 freeway, exit at Jamboree and head west for about a mile. From the 73 toll road, exit at Bristol and head east on Jamboree for a mile.
The Harbor courthouse hears criminal matters from Aliso Viejo, Irvine, Dana Point, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Mission Viejo, Newport Beach, Rancho Santa Margarita, San Clemente and San Juan Capistrano.
There is a large lot with free parking, but it fills up quickly. Arrive early, or else plan to circle the lot for a while.
If you need to make a payment or speak with a clerk about your case, you can do so at the outdoor walk-up window, located next door to the building's main entrance. The walk-up window allows many people to quickly and conveniently handle their matters without going through the security screening process.
Like all the other courts in Orange County, security screening includes metal detectors and x-rays of any bags. They will not allow you to bring weapons, tools, sporting equipment, skateboards or cigarette lighters into the building.
Once you're inside the building, find your name on the electronic display board, near the stairs. The board will direct you to the appropriate courtroom. If your name is not on the monitor, speak to the clerk.
Most misdemeanor arraignments are heard upstairs, in department H-8. For more information about what to expect at a misdemeanor arraignment, see my previous post about appearing in the North Justice Center.
If you plead "not guilty" at your arraignment in a misdemeanor case, your subsequent pre-trial conferences will be conducted across the hall, in department H-1.
Most felony arraignments are now being heard in department H-7, but check the monitor to be safe.
Remember to dress appropriately -- no hats, sandals, shorts or tank-tops. Silence your phone or turn it off completely so that it doesn't ring in the courtroom.
There is no cafeteria inside the Harbor Justice Center, but there are plenty of places to eat in the area.
If you or a loved one has a court date at the Harbor Justice Center, call us for a free consultation. (714) 449 3335. Ask for John.
Thanks for reading.
Newport Beach Criminal Defense Attorney
The Harbor courthouse hears criminal matters from Aliso Viejo, Irvine, Dana Point, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Mission Viejo, Newport Beach, Rancho Santa Margarita, San Clemente and San Juan Capistrano.
There is a large lot with free parking, but it fills up quickly. Arrive early, or else plan to circle the lot for a while.
If you need to make a payment or speak with a clerk about your case, you can do so at the outdoor walk-up window, located next door to the building's main entrance. The walk-up window allows many people to quickly and conveniently handle their matters without going through the security screening process.
Like all the other courts in Orange County, security screening includes metal detectors and x-rays of any bags. They will not allow you to bring weapons, tools, sporting equipment, skateboards or cigarette lighters into the building.
Once you're inside the building, find your name on the electronic display board, near the stairs. The board will direct you to the appropriate courtroom. If your name is not on the monitor, speak to the clerk.
Most misdemeanor arraignments are heard upstairs, in department H-8. For more information about what to expect at a misdemeanor arraignment, see my previous post about appearing in the North Justice Center.
If you plead "not guilty" at your arraignment in a misdemeanor case, your subsequent pre-trial conferences will be conducted across the hall, in department H-1.
Most felony arraignments are now being heard in department H-7, but check the monitor to be safe.
Remember to dress appropriately -- no hats, sandals, shorts or tank-tops. Silence your phone or turn it off completely so that it doesn't ring in the courtroom.
There is no cafeteria inside the Harbor Justice Center, but there are plenty of places to eat in the area.
If you or a loved one has a court date at the Harbor Justice Center, call us for a free consultation. (714) 449 3335. Ask for John.
Thanks for reading.
Newport Beach Criminal Defense Attorney
Tuesday, November 17, 2015
Appearing in Court at the Central Orange County Courthouse in Santa Ana: What to Expect
This post in part 2 in my series about what to expect when appearing in an Orange County courthouse. Today, I want to discuss the largest and busiest court in the Orange County criminal justice system -- Santa Ana, A.K.A. Central Orange County.
The Santa Ana courthouse is located at 700 Civic Center Dr. West. From the 5 Freeway, exit at Santa Ana Blvd. and follow the signs to the court. The Central Justice Center hears criminal matters from Santa Ana, Tustin, Villa Park and Orange.
There is a large parking garage, but the fee to park is $1.50 per 20 minutes (as of 11/17/15). There is also metered parking on surrounding streets and some lots in the area that charge a flat fee.
Since the courthouse is so big and busy, make sure you allow yourself enough time to get through the security line. Some judges are more strict than others regarding punctuality.
The Central OC Courthouse complex features a "tower" and an "annex". The tower is obvious -- it's the tall part. The annex is the 3-story wing that runs along the west side of the building.
Most misdemeanors in Santa Ana are heard on the second floor of the annex. Arraignments are usually heard in department C-54, and subsequent pre-trial conferences are conducted down the hall, in department C-48. For more information regarding what to expect at your arraignment and what happens at a pre-trial conference, see my previous post about appearing at the North Justice Center in Fullerton.
Felonies in Santa Ana are generally handled in department C-5 until they are assigned to another room for preliminary hearings and trial. Department C-5 is located on the second floor of the tower.
Attorneys who handle felony criminal matters in Santa Ana understand the importance of proper preparation at the early stages. Because of the building's heavy volume, judges in Santa Ana are under tremendous pressure to ensure that cases are handled expeditiously and without unnecessary delays. They expect that attorneys are working diligently to resolve their matters from day-1. Judges will not tolerate excessive continuances or inexplicable "foot-dragging". Attorneys from out of the area are often surprised by our local judges' hard-line policies against granting continuances.
As a criminal defense attorney who practices primarily in Orange County, I understand the importance of diving in and getting to work immediately when I'm dealing with felonies in Santa Ana. Time is of the essence in these cases. Discovery requests must be served on the DA at the time of arraignment to avoid delays. Investigations must be conducted expeditiously. I try to predict issues before they arise so that I can plan our strategy accordingly. I even prepare motions in advance so that they're ready to file on short notice.
If you or a loved one has a criminal case in or around Orange County, call us for a free consultation. (714) 449-3335. Ask for John.
Thanks for reading.
Santa Ana Criminal Defense Attorney
The Santa Ana courthouse is located at 700 Civic Center Dr. West. From the 5 Freeway, exit at Santa Ana Blvd. and follow the signs to the court. The Central Justice Center hears criminal matters from Santa Ana, Tustin, Villa Park and Orange.
There is a large parking garage, but the fee to park is $1.50 per 20 minutes (as of 11/17/15). There is also metered parking on surrounding streets and some lots in the area that charge a flat fee.
Since the courthouse is so big and busy, make sure you allow yourself enough time to get through the security line. Some judges are more strict than others regarding punctuality.
The Central OC Courthouse complex features a "tower" and an "annex". The tower is obvious -- it's the tall part. The annex is the 3-story wing that runs along the west side of the building.
Most misdemeanors in Santa Ana are heard on the second floor of the annex. Arraignments are usually heard in department C-54, and subsequent pre-trial conferences are conducted down the hall, in department C-48. For more information regarding what to expect at your arraignment and what happens at a pre-trial conference, see my previous post about appearing at the North Justice Center in Fullerton.
Felonies in Santa Ana are generally handled in department C-5 until they are assigned to another room for preliminary hearings and trial. Department C-5 is located on the second floor of the tower.
Attorneys who handle felony criminal matters in Santa Ana understand the importance of proper preparation at the early stages. Because of the building's heavy volume, judges in Santa Ana are under tremendous pressure to ensure that cases are handled expeditiously and without unnecessary delays. They expect that attorneys are working diligently to resolve their matters from day-1. Judges will not tolerate excessive continuances or inexplicable "foot-dragging". Attorneys from out of the area are often surprised by our local judges' hard-line policies against granting continuances.
As a criminal defense attorney who practices primarily in Orange County, I understand the importance of diving in and getting to work immediately when I'm dealing with felonies in Santa Ana. Time is of the essence in these cases. Discovery requests must be served on the DA at the time of arraignment to avoid delays. Investigations must be conducted expeditiously. I try to predict issues before they arise so that I can plan our strategy accordingly. I even prepare motions in advance so that they're ready to file on short notice.
If you or a loved one has a criminal case in or around Orange County, call us for a free consultation. (714) 449-3335. Ask for John.
Thanks for reading.
Santa Ana Criminal Defense Attorney
Monday, November 16, 2015
Appearing in Court at the North Orange County Justice Center in Fullerton: What to Expect
If you've been arrested or cited in North Orange County, your court appearances will probably be held at the North Justice Center in Fullerton. North OC includes Anaheim, Fullerton, Buena Park, Brea, Yorba Linda, La Palma, La Habra and Placentia.
Today's post is about what to expect when you appear at the Fullerton courthouse.
The North Justice Center is located at 1275 N. Berkeley Ave., near the corner of Harbor Blvd. and Valley View, just north of Downtown. From the 91 freeway, exit at Harbor and head north for about 2 miles.
First, some good news: Plenty of free parking. The courthouse in Fullerton features two large parking lots. If the upper lot is full, check down below.
Be prepared to go through a security screening, including a metal detector and x-ray of your bags. They will not allow you to enter the building with any type of weapons, tools, sporting equipment, skateboards or cigarette lighters.
If you received a letter in the mail instructing you to appear in court, check the electronic monitors for your name as soon as you enter the building. The big T.V. screens will direct you to the appropriate courtroom. If your name does not appear on the screen, go straight to the clerk's office in room 350, located on the 3rd floor.
Misdemeanors
If you're appearing in Fullerton for your first appearance in a misdemeanor case (including DUI), your matter will probably be heard in department N-12 on the 4th floor. Your first appearance is called the "arraignment". At your arraignment, the judge will officially notify you of the charges. You will have an opportunity to resolve your case on the spot by simply pleading "guilty" if you choose to do so.
You or your lawyer must personally appear at the arraignment. Nobody else may appear for you unless he or she is a licensed attorney. Do not send your mom or your spouse to court on your behalf. If you fail to appear, a warrant will be issued for your arrest.
Most misdemeanors in North Orange County are prosecuted by the Orange County District Attorney's Office. Anaheim has it's own prosecutorial agency within their City Attorney's Office that handles all misdemeanor cases arising within the City of Anaheim. Once you find your courtroom, the next step is trying to determine who your prosecutor will be. If you were cited or arrested in Anaheim for a misdemeanor, then you will probably be prosecuted by the Anaheim City Attorney rather than the Orange County District Attorney. This gets complicated. If two people are arrested for the exact same crime across the street from each other -- one in Orange and the other in Anaheim -- the person arrested in Anaheim will be prosecuted in Fullerton by the Anaheim City Attorney. The person arrested in Orange will be prosecuted in Santa Ana by the Orange County District Attorney. Even if the cases are closely related, the prosecutors in each case might not even be aware of the other.
Your arraignment is not the day for your trial. The judge will not hear witnesses or evidence at the time of your arraignment. He will not allow you to explain yourself or to tell your side of the story. If you do not believe that you are guilty, or if you want to consult with an attorney before deciding how to proceed, you may either apply for the services of the Public Defender, or you may ask for a brief continuance to retain your own private attorney. If you tell the judge that you want to hire a lawyer before making any decisions, he will assign a new court date in 2-3 weeks. You will not be punished for requesting an opportunity to talk to a lawyer. In most misdemeanor cases, your private attorney can appear at the next hearing(s) without you.
If you request the services of the Public Defender at your arraignment, you must fill out a financial declaration so that the clerk can determine whether or not you qualify for court-appointed counsel. You may be billed for the Public Defender's services if the court determines that you have the ability to pay those costs.
After pleading "not guilty" at your misdemeanor arraignment, your case will be scheduled for a series of "pre-trial conferences" around the corner, usually in department N-9. At these pre-trial conferences, your attorney will have a chance to sit down with the prosecutor to discuss details of your case. The prosecutor and your attorney will attempt to negotiate a fair disposition. Depending on the unique facts and circumstances of your case a "fair disposition" could be a dismissal, a reduction of charges, or a negotiated plea bargain. Attorneys will also exchange "discovery" -- evidence that would potentially be used by either side at trial. Your lawyer might share a "mitigation packet" with the prosecutor -- a collection of documents, character letters, proof of attendance at AA meetings, medical records, etc. -- to argue for leniency.
Your attorney and the prosecutor can have several pre-trial conferences while they attempt to work towards a resolution. If no agreement can be reached, or if you do not wish to accept any plea deal, then your case might eventually proceed to trial. If that happens, then you will be sent down the hall to department N-4. Department N-4 controls the "master calendar" for the North Orange County Justice Center. There, a judge will assign your case to a courtroom for trial, based on the court's availability. If there are no courtrooms available in the Fullerton courthouse, your case can even be transferred to another courthouse in Orange County for trial (Westminster, Santa Ana or Newport Beach).
Felonies
If you're appearing in Fullerton for a felony case, your arraignment will probably happen on the 3rd floor, in department N-3. The felony arraignment procedure is similar to misdemeanor cases, except that the judge will not allow a defendant to simply plead "guilty" at his or her first appearance, even if the defendant wants to. Felony cases are too serious and too complicated to wrap up cleanly in a single appearance. Your attorney will need to thoroughly review the allegations and the evidence before advising you whether or not to accept any plea deal in a felony case, and that's not possible at the arraignment stage.
After pleading "not guilty" in your felony case, you will have a series of pre-trial conferences, just like in misdemeanor cases. Again, your attorney will sit with the DA, discuss the evidence, and try to negotiate a fair resolution.
If no reasonable resolution can be agreed upon, then your felony case will proceed to the "preliminary hearing" stage. At the prelim, the DA will present evidence to try to convince a judge that there exists "probable cause" to "hold you to answer" for the charge. The DA must prove that there is a good reason to believe that a felony has been committed and that you are the person who committed it. They will usually call an investigating officer who may testify as to what he saw and heard at the time of your arrest. The investigating officer may even testify as to "hearsay" during the prelim, even if some of these statements might not be admissible at trial.
If the judge finds that there exists "probable cause" and he decides to "hold you to answer" after the preliminary hearing, then you and your attorney will begin to prepare for trial. Long, complicated trials are usually transferred to Santa Ana. The Santa Ana courthouse is better equipped to accommodate large jury pools, crowds of spectators and reporters, and lengthy matters that might occupy a courtroom for weeks at a time.
Post-Conviction Proceedings
If you've previously been convicted of a crime, you were probably placed onto probation with lots of terms and conditions imposed. The judge might have ordered to you complete classes / counseling, take drug tests, attend AA meetings, perform community service, or pay fines. You might also have "progress report hearings" scheduled.
A "progress report hearing" is just what it sounds like -- a chance for the judge to check up on the progress of whatever program(s) you were ordered to complete.
Judges in Fullerton are notoriously strict at progress report hearings. They expect you to fulfill your end of whatever bargain you agreed to. If you have failed to comply, then the judge will almost certainly impose consequences. Those consequences may include jail time. Judges in Fullerton will not be moved by sad stories. They don't care that the court-ordered classes have been inconvenient for you to attend or that they conflict with your work schedule. They will not sympathize if you cannot coordinate transportation or child care. They expect you to comply. If you demonstrate that you cannot or will not comply with the terms of your probation, then those terms will simply be converted to straight time in the Orange County Jail.
If you expect to have trouble complying with the terms of your probation, or if you know that a violation is imminent due to circumstances beyond your control, you or your attorney must go before a judge before you miss a court-imposed deadline. Explain the problem and bring any supporting paperwork to show the judge. If you can demonstrate that you are making a good-faith effort to comply, and you are proactive about bringing your problem to the judge before your problem becomes a violation, then the court might accommodate you. The judge can grant you an extension or convert a portion of your sentence (e.g., fines to community service, or vice versa).
That's the short version of what to expect when appearing in court at the North Orange County Justice Center in Fullerton. Here's a cheat-sheet for important offices located inside the building:
-Collections Department: 1st floor. They accept payments for all criminal and traffic matters. The line gets long by mid-morning. I'd recommend getting there early.
-Criminal & Traffic Clerk: 3rd floor. If you show up but your name is not on the electronic screen, check in here. Start here if you need to add yourself onto the court's calendar (to recall a warrant, to request an extension for something, etc.).
-District Attorney's Office: 3rd floor, along the North wing.
-Probation Department: 3rd floor, near the Criminal & Traffic Clerk
-Anaheim City Attorney's Office: 4th floor, along the South Wing
-OneOC (Volunteer Center): 4th floor. Go here to sign up for community service if the judge orders you to do so. OneOC will assign you to an approved non-profit group in your area where you may perform your labor.
If you or a loved one is arrested in Fullerton / North Orange County, or if you have a pending court date in the North Justice Center, call us for a free consultation. (714) 449 3335. Ask for John.
Thanks for reading.
Fullerton Criminal Defense Attorney
Today's post is about what to expect when you appear at the Fullerton courthouse.
The North Justice Center is located at 1275 N. Berkeley Ave., near the corner of Harbor Blvd. and Valley View, just north of Downtown. From the 91 freeway, exit at Harbor and head north for about 2 miles.
First, some good news: Plenty of free parking. The courthouse in Fullerton features two large parking lots. If the upper lot is full, check down below.
Be prepared to go through a security screening, including a metal detector and x-ray of your bags. They will not allow you to enter the building with any type of weapons, tools, sporting equipment, skateboards or cigarette lighters.
If you received a letter in the mail instructing you to appear in court, check the electronic monitors for your name as soon as you enter the building. The big T.V. screens will direct you to the appropriate courtroom. If your name does not appear on the screen, go straight to the clerk's office in room 350, located on the 3rd floor.
Misdemeanors
If you're appearing in Fullerton for your first appearance in a misdemeanor case (including DUI), your matter will probably be heard in department N-12 on the 4th floor. Your first appearance is called the "arraignment". At your arraignment, the judge will officially notify you of the charges. You will have an opportunity to resolve your case on the spot by simply pleading "guilty" if you choose to do so.
You or your lawyer must personally appear at the arraignment. Nobody else may appear for you unless he or she is a licensed attorney. Do not send your mom or your spouse to court on your behalf. If you fail to appear, a warrant will be issued for your arrest.
Most misdemeanors in North Orange County are prosecuted by the Orange County District Attorney's Office. Anaheim has it's own prosecutorial agency within their City Attorney's Office that handles all misdemeanor cases arising within the City of Anaheim. Once you find your courtroom, the next step is trying to determine who your prosecutor will be. If you were cited or arrested in Anaheim for a misdemeanor, then you will probably be prosecuted by the Anaheim City Attorney rather than the Orange County District Attorney. This gets complicated. If two people are arrested for the exact same crime across the street from each other -- one in Orange and the other in Anaheim -- the person arrested in Anaheim will be prosecuted in Fullerton by the Anaheim City Attorney. The person arrested in Orange will be prosecuted in Santa Ana by the Orange County District Attorney. Even if the cases are closely related, the prosecutors in each case might not even be aware of the other.
Your arraignment is not the day for your trial. The judge will not hear witnesses or evidence at the time of your arraignment. He will not allow you to explain yourself or to tell your side of the story. If you do not believe that you are guilty, or if you want to consult with an attorney before deciding how to proceed, you may either apply for the services of the Public Defender, or you may ask for a brief continuance to retain your own private attorney. If you tell the judge that you want to hire a lawyer before making any decisions, he will assign a new court date in 2-3 weeks. You will not be punished for requesting an opportunity to talk to a lawyer. In most misdemeanor cases, your private attorney can appear at the next hearing(s) without you.
If you request the services of the Public Defender at your arraignment, you must fill out a financial declaration so that the clerk can determine whether or not you qualify for court-appointed counsel. You may be billed for the Public Defender's services if the court determines that you have the ability to pay those costs.
After pleading "not guilty" at your misdemeanor arraignment, your case will be scheduled for a series of "pre-trial conferences" around the corner, usually in department N-9. At these pre-trial conferences, your attorney will have a chance to sit down with the prosecutor to discuss details of your case. The prosecutor and your attorney will attempt to negotiate a fair disposition. Depending on the unique facts and circumstances of your case a "fair disposition" could be a dismissal, a reduction of charges, or a negotiated plea bargain. Attorneys will also exchange "discovery" -- evidence that would potentially be used by either side at trial. Your lawyer might share a "mitigation packet" with the prosecutor -- a collection of documents, character letters, proof of attendance at AA meetings, medical records, etc. -- to argue for leniency.
Your attorney and the prosecutor can have several pre-trial conferences while they attempt to work towards a resolution. If no agreement can be reached, or if you do not wish to accept any plea deal, then your case might eventually proceed to trial. If that happens, then you will be sent down the hall to department N-4. Department N-4 controls the "master calendar" for the North Orange County Justice Center. There, a judge will assign your case to a courtroom for trial, based on the court's availability. If there are no courtrooms available in the Fullerton courthouse, your case can even be transferred to another courthouse in Orange County for trial (Westminster, Santa Ana or Newport Beach).
Felonies
If you're appearing in Fullerton for a felony case, your arraignment will probably happen on the 3rd floor, in department N-3. The felony arraignment procedure is similar to misdemeanor cases, except that the judge will not allow a defendant to simply plead "guilty" at his or her first appearance, even if the defendant wants to. Felony cases are too serious and too complicated to wrap up cleanly in a single appearance. Your attorney will need to thoroughly review the allegations and the evidence before advising you whether or not to accept any plea deal in a felony case, and that's not possible at the arraignment stage.
After pleading "not guilty" in your felony case, you will have a series of pre-trial conferences, just like in misdemeanor cases. Again, your attorney will sit with the DA, discuss the evidence, and try to negotiate a fair resolution.
If no reasonable resolution can be agreed upon, then your felony case will proceed to the "preliminary hearing" stage. At the prelim, the DA will present evidence to try to convince a judge that there exists "probable cause" to "hold you to answer" for the charge. The DA must prove that there is a good reason to believe that a felony has been committed and that you are the person who committed it. They will usually call an investigating officer who may testify as to what he saw and heard at the time of your arrest. The investigating officer may even testify as to "hearsay" during the prelim, even if some of these statements might not be admissible at trial.
If the judge finds that there exists "probable cause" and he decides to "hold you to answer" after the preliminary hearing, then you and your attorney will begin to prepare for trial. Long, complicated trials are usually transferred to Santa Ana. The Santa Ana courthouse is better equipped to accommodate large jury pools, crowds of spectators and reporters, and lengthy matters that might occupy a courtroom for weeks at a time.
Post-Conviction Proceedings
If you've previously been convicted of a crime, you were probably placed onto probation with lots of terms and conditions imposed. The judge might have ordered to you complete classes / counseling, take drug tests, attend AA meetings, perform community service, or pay fines. You might also have "progress report hearings" scheduled.
A "progress report hearing" is just what it sounds like -- a chance for the judge to check up on the progress of whatever program(s) you were ordered to complete.
Judges in Fullerton are notoriously strict at progress report hearings. They expect you to fulfill your end of whatever bargain you agreed to. If you have failed to comply, then the judge will almost certainly impose consequences. Those consequences may include jail time. Judges in Fullerton will not be moved by sad stories. They don't care that the court-ordered classes have been inconvenient for you to attend or that they conflict with your work schedule. They will not sympathize if you cannot coordinate transportation or child care. They expect you to comply. If you demonstrate that you cannot or will not comply with the terms of your probation, then those terms will simply be converted to straight time in the Orange County Jail.
If you expect to have trouble complying with the terms of your probation, or if you know that a violation is imminent due to circumstances beyond your control, you or your attorney must go before a judge before you miss a court-imposed deadline. Explain the problem and bring any supporting paperwork to show the judge. If you can demonstrate that you are making a good-faith effort to comply, and you are proactive about bringing your problem to the judge before your problem becomes a violation, then the court might accommodate you. The judge can grant you an extension or convert a portion of your sentence (e.g., fines to community service, or vice versa).
That's the short version of what to expect when appearing in court at the North Orange County Justice Center in Fullerton. Here's a cheat-sheet for important offices located inside the building:
-Collections Department: 1st floor. They accept payments for all criminal and traffic matters. The line gets long by mid-morning. I'd recommend getting there early.
-Criminal & Traffic Clerk: 3rd floor. If you show up but your name is not on the electronic screen, check in here. Start here if you need to add yourself onto the court's calendar (to recall a warrant, to request an extension for something, etc.).
-District Attorney's Office: 3rd floor, along the North wing.
-Probation Department: 3rd floor, near the Criminal & Traffic Clerk
-Anaheim City Attorney's Office: 4th floor, along the South Wing
-OneOC (Volunteer Center): 4th floor. Go here to sign up for community service if the judge orders you to do so. OneOC will assign you to an approved non-profit group in your area where you may perform your labor.
If you or a loved one is arrested in Fullerton / North Orange County, or if you have a pending court date in the North Justice Center, call us for a free consultation. (714) 449 3335. Ask for John.
Thanks for reading.
Fullerton Criminal Defense Attorney
Monday, October 12, 2015
Announcing Our New Fullerton Location
I'm proud to announce the opening of our firm's newest branch office on the 9th floor of the Fullerton Towers, 1440 N. Harbor Blvd. Located just a block from the Fullerton Courthouse (North Orange County Justice Center), this space will allow us to better serve our clients in Fullerton, Buena Park, Brea and Anaheim.
Our main office will remain in Santa Ana. I also plan to keep branches in Riverside and San Bernardino for the convenience of my clients in the Inland Empire.
As a local boy, I'm excited about this new opportunity to serve clients in my home town. There's no place I'd rather be.
If you or a loved one is accused of a crime in Fullerton, call for a free consultation. (714) 505-2468. Ask for John.
Thanks for reading.
Fullerton Criminal Defense Lawyer
Wednesday, May 15, 2013
What's the Difference Between "Robbery" and "Burglary"?
Update: This story was taken from the LA Times this morning, May 20, 2013. Notice that the author refers to "robbers" and their plans to "rob" a car. At the end of the article, the writer notes that both subjects were booked on suspicion of "burglary". Someone doesn't follow this blog.
Robbery and burglary are both theft-related crimes, but they should not be confused with each other. I hear news broadcasters screw this one up all the time, e.g. "Robbers entered the vacant business around 4:30 AM and made off with inventory before police were able to respond to the building's silent alarm system", "Two homes in the Fullerton area were robbed while the occupants were away on vacation", or "Robbers are now using credit card scanners to steal your personal information while you're not even aware it's happening". These fictitious news stories actually describe burglaries and thefts, but not robberies.
The distinction between "robbery" and other forms of theft is fairly simple and should not be cause for confusion. Unfortunately, this distinction still eludes many in the news media -- people who have allegedly been trained to speak precisely and to accurately convey facts to the rest of us.
Put simply, robbery involves the taking of property from a person, "accomplished by means of force or fear". The crime of robbery typically involves beating a victim and making off with the victim's wallet (taking of property accomplished by force), or sticking a gun into someone's face and demanding that a victim hand over his watch and jewelry (taking of property accomplished by fear).
Burglary, on the other hand, is the crime of entering property with the intent to commit theft. Burglary can involve entering a person's home with the intent to steal that person's stereo (residential burglary), or breaking into a business to steal a safe (commercial burglary). Note: since the passage of Prop. 47, entering a commercial business during normal business hours with the intent to commit theft is no longer included within the definition of "commercial burglary".
If you come home from the movies and you find that thieves have broken a window to your garage and stolen your TV, you have been the victim of a burglary. If thieves enter your house while you are home, tie you to a chair and beat you while they ransack the place, you have been the victim of a robbery.
I hope that answers all the questions you never cared to ask. From now on, let's pay close attention to the definitions of the words we use, especially if we're in the business of accurately conveying information to the public. Thanks for reading.
Robbery and burglary are both theft-related crimes, but they should not be confused with each other. I hear news broadcasters screw this one up all the time, e.g. "Robbers entered the vacant business around 4:30 AM and made off with inventory before police were able to respond to the building's silent alarm system", "Two homes in the Fullerton area were robbed while the occupants were away on vacation", or "Robbers are now using credit card scanners to steal your personal information while you're not even aware it's happening". These fictitious news stories actually describe burglaries and thefts, but not robberies.
The distinction between "robbery" and other forms of theft is fairly simple and should not be cause for confusion. Unfortunately, this distinction still eludes many in the news media -- people who have allegedly been trained to speak precisely and to accurately convey facts to the rest of us.
Put simply, robbery involves the taking of property from a person, "accomplished by means of force or fear". The crime of robbery typically involves beating a victim and making off with the victim's wallet (taking of property accomplished by force), or sticking a gun into someone's face and demanding that a victim hand over his watch and jewelry (taking of property accomplished by fear).
Burglary, on the other hand, is the crime of entering property with the intent to commit theft. Burglary can involve entering a person's home with the intent to steal that person's stereo (residential burglary), or breaking into a business to steal a safe (commercial burglary). Note: since the passage of Prop. 47, entering a commercial business during normal business hours with the intent to commit theft is no longer included within the definition of "commercial burglary".
If you come home from the movies and you find that thieves have broken a window to your garage and stolen your TV, you have been the victim of a burglary. If thieves enter your house while you are home, tie you to a chair and beat you while they ransack the place, you have been the victim of a robbery.
I hope that answers all the questions you never cared to ask. From now on, let's pay close attention to the definitions of the words we use, especially if we're in the business of accurately conveying information to the public. Thanks for reading.
Tuesday, February 19, 2013
I Was Arrested for Shoplifting. Now What?
The following is a guide that I published on Avvo.com a couple years ago. I still get so many calls on the topic that I've decided to re-publish it here with a few updates.
Shoplifting is one of the most commonly charged offenses in California, with a huge range of possible penalties. I wrote the following legal guide to help answer some of the questions that I receive nearly every day on the topic.
Theft can be much more complicated than it looks on the surface because of the above-mentioned range of possible punishments. The simple act of walking into a store and taking some goods without paying can be classified as an infraction, a misdemeanor or a felony, depending on a lot of circumstances.
Before the prosecutor will decide what charges, if any, to file against a suspect, attorneys from the DA's office will take a number of facts into consideration -- What was the value of the thing taken? Was the property damaged in any way? Did the suspect use any force or the threat of force to take the property? What kind of criminal history does the suspect have? Did the suspect enter the store with the intent to commit theft or did the suspect decide to commit theft once he or she was already inside? Can it be proven that the theft was actually intentional or is there a chance that an innocent shopper simply forgot to pay for something? The answers to these questions will guide the prosecutors in deciding what types of criminal charges to file against a person suspected of shoplifting.
The Value of the Thing Taken
Typically, if the value of the property taken is low, nothing is damaged, the store receives the property back, and the suspect has no significant criminal history, the DA might be willing to reduce the charge to a simple infraction, similar to a speeding ticket. Depending on the county, the defendant might be required to take some classes, provide a DNA sample or make a financial contribution to a program that benefits victims of crimes before the case will be reduced from a misdemeanor to an infraction. An infraction will include some fines, but no probation and no jail time.
If the value of the thing taken is significant but less than $950, the suspect will probably be charged with misdemeanor petty theft. If, however, the suspect has some history of theft, if force was involved in the crime, or if it appears that the suspect entered the store with the plan to commit a theft, he or she could be looking at more serious charges, described below.
Any theft of goods valued at more than $950 will probably be charged as felony grand theft. Also, some theft of various agricultural products valued at more than $250 can also be charged as felony grand theft.
Defendant's Criminal History
Usually, if someone has had a shoplifting conviction reduced to an infraction in the past, the DA will not offer such a favorable deal again. The suspect will probably be charged with either a misdemeanor or a felony this time.
A suspect with a prior conviction for petty theft can also be charged with a felony if he or she is convicted of petty theft a second time (petty theft with a prior). People don't always realize that stealing a candy bar can send them away for years if they've been convicted of stealing candy bars in the past.
Did the Suspect Use Force or the Threat of Force?
In California, robbery is defined as theft + force (or the threat of force). If a Loss Prevention Officer or a store clerk blocks your escape path and you push him, that act can transform a simple infraction into a serious, violent felony. This is called an "Estes Robbery" (shoplifting with force), and it can carry potential prison time.
The Civil Demand Letter
If you have recently been arrested for shoplifting, you will probably receive a letter in the mail from the store where you were caught or from the store's attorney. The letter will inform you that you owe the store a sum of money, usually several hundred dollars. The letter may contain other threatening language and will appear very intimidating. Disregard this letter. DO NOT SEND ANY MONEY. This is a common scam. You have no obligation to pay the store a penny, absent a court order to do so.
A civil demand letter is basically a threat to sue. The store is claiming that they suffered some loss and that you were responsible for whatever loss they are claiming. If you refuse to pay and you deny that you caused the store any loss, the store will have to decide whether or not it intends to sue you. Again, in order for the store to prevail in any civil suit, they will have to prove to the court that you caused them to suffer some actual, financial loss. If you did not cause the store to suffer any loss (because they received the property back and it was not damaged), then they will lose in a civil suit -- they have no damages and you owe them nothing. The store and their attorneys understand this basic economics. They will not waste their time and money to pursue a losing venture in civil court.
Of course, the civil demand has absolutely no effect on the CRIMINAL case against you. The DA will pursue the criminal theft charges regardless of whether or not you pay the store's civil demand. Paying money to the store will not help your criminal case, and refusing to pay the civil demand will not hurt your criminal case -- they are completely independent of each other.
Since shoplifting can carry such a huge range of possible penalties, you should immediately talk to a local attorney if you are arrested. Our firm has recently had a lot of success defending against shoplifting charges. Call for a free attorney consultation. (714) 449-3335. Ask for John.
Thanks for reading.
Fullerton Shoplifting Attorney
Thanks for reading.
Fullerton Shoplifting Attorney
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