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POLICE CONTACT

CRIMINAL DEFENSE ATTORNEY IN SACRAMENTO

criminal defense attorney in Sacramento

If you have been contacted by law enforcement, now is the time to contact Law Offices of Richard Dudek by calling (916) 444-7595.

It is not uncommon for someone to have no knowledge that they are being investigated until a federal agent or a detective attempts to make contact and obtain a statement. Most often the contact will be attempted in person but it is also not uncommon for law enforcement to initiate phone contact. If contact was attempted and the person was not home, a detective or agent may leave behind a business card with a number to call. Sometimes in rare situations law enforcement will attempt to make contact with the friends or family of the person they want to speak with. If you suspect that you are the subject of an investigation do not wait to call a criminal defense attorney.
Continue reading “POLICE CONTACT”

FEDERAL DRUG CHARGES

CRIMINAL DEFENSE LAWYER IN SACRAMENTO

criminal defense lawyer in Sacramento

If You Are Facing Federal Drug Charges, You Need A Criminal Defense Lawyer in Sacramento With Experience Handling Drug Crime Defense Work In Federal Court

Many of the activities involving the production, sale, possession, or use of illicit drugs violate both state and federal criminal law. However, some activities violate only either a state law or a federal law.

For example, in California, despite statewide propositions that have sought to legalize marijuana use for medical purposes, federal law still prohibits the manufacture, sale, and possession of marijuana. Accordingly, individuals who believe they may conduct certain marijuana-related activities in California with impunity are mistaken, and may be surprised to find themselves arrested and charged by federal authorities. This is just one example where, when state and federal laws differ, a defendant may find himself or herself charged with a federal rather than state drug crime. Continue reading “FEDERAL DRUG CHARGES”

AGGRAVATED ASSAULT CRIMES & CHARGES

SACRAMENTO CRIMINAL DEFENSE LAWYER

Sacramento Criminal Defense Lawyer

What is Assault?

Though many people think of assault as a part of or connected to battery, most likely due to our consistent use of “assault and battery” as a phrase, the state of California considers assault and battery separate charges. While battery is defined as unlawful and willful physical contact with another individual, assault is defined as the unlawful attempt combined with the present ability to commit violent injury to another person, or an attempt and ability to commit battery. Essentially, assault is attempted battery. If you’ve been charged with assault, or have questions of the differences, make sure to contact a  Sacramento criminal defense lawyer for legal assistance pertaining to your specific case. Continue reading “AGGRAVATED ASSAULT CRIMES & CHARGES”

GUN VIOLATIONS & WEAPONS CHARGES

CRIMINAL DEFENSE ATTORNEY IN SACRAMENTO

Criminal Defense Attorney in Sacramento Richard Dudek

GUN VIOLATIONS & WEAPONS CHARGES IN CALIFORNIA

California has some of the strictest gun laws in the country. It can be difficult to keep track of all the specific laws and their consequences. Here’s a broad overview of some of the more common gun violations and weapons charges one might face in the state of California but only an experienced criminal defense attorney in Sacramento can provide the legal assistance you need.

Concealed Firearms

Carrying a concealed firearm in violation of California Penal Code 25400 PC is a misdemeanor that may result in the following consequences:

  • Up to a year in jail
  • Up to $1000 in fines

Though this is somewhat lenient, some circumstances paired with carrying a concealed firearm make this violation a felony. Conditions that could increase the severity of the charge include:

  • Having a prior felony conviction or a conviction for a firearm offense in the state of California
  • Carrying a concealed firearm that you knew, or should have reasonably known, was stolen
  • It is determined the person with the concealed weapon is involved in a criminal street gang
  • You do not lawfully possess the firearm
  • You are strictly prohibited from possessing a firearm under California’s felon with a firearm law
  • You are strictly prohibited from possessing a firearm under Penal Code 29900 PC for committing or attempting to commit a violent offense

Continue reading “GUN VIOLATIONS & WEAPONS CHARGES”

CHILD MOLESTATION CHARGE

CRIMINAL DEFENSE LAWYER IN SACRAMENTO

Criminal Defense Lawyer in Sacramento

IN 2011, 9.7% OF REPORTED CASES OF CHILD ABUSE INVOLVED SEXUAL ABUSE

Since 2011, California has been implementing a realignment policy following a ruling by the United States Supreme Court mandating lower crowding in prisons. Since then, there has been a 15% increase in parolees required to register as sex offenders violating the terms of their release. Sacramento has an especially high percentage of sex offender parole violations as compared to the rest of California.

PENALTIES FOR A SEX OFFENSE CONVICTION ARE SEVERE

Experienced criminal defense lawyer in Sacramento, Richard Dudek has a thorough understanding of how child molestation charges are structured from investigation through trial and appeal. In California, the penalties for a sex offense conviction are severe, and can be even more substantial than the penalties for murder, including a lifetime registered as a sex offender. Because the list of registered sex offenders is so readily accessible, registration can affect whether someone who is convicted can find a job or a place to live.

The mere accusation of child molestation can ruin your reputation and relationships with your family, coworkers, employer, and friends. Therefore, if you are being investigated or facing charges of child molestation in Sacramento, it is imperative that you contact an experienced criminal defense lawyer in Sacramento. Below is information that may help you understand how this offense is defined in California, and how the related criminal process works from beginning to end. Continue reading “CHILD MOLESTATION CHARGE”

EXTORTION

SACRAMENTO CRIMINAL DEFENSE ATTORNEY

Sacramento criminal defense attorney

EXTORTION DEFENSE IN SACRAMENTO COUNTY

Extortion, also known as “blackmail” is a serious crime that can be punishable by imprisonment, fines, community service, restitution or a variety of the sort. White-collar was first defined by Edwin Sutherland in 1939 who said it was a “crime committed by a person of respectability and high social status in the course of his occupation”. In fact, a lot of politicians, sports stars and celebrities are frequent targets of extortion. No extortion case is ever the same so it’s best to contact an experienced attorney who can help you.

In California, extortion is defined as using force or threats to compel another person to give you money or other property, using force or threats to compel a public officer to perform an official act or if you are a public official, acting under color of your official right to compel another person to give you money or other property. Extortion is usually considered a felony in California and can be brought in a wide variety of scenarios. Continue reading “EXTORTION”

DUI: DRIVER’S LICENSE RESTORATION

SACRAMENTO DUI LAWYER

Sacramento DUI Lawyer

DRIVER’S LICENSE RESTORATION AFTER A DUI CONVICTION

If you are convicted of a single DUI, the court will suspend your driving privilege for 6 months and require to you to complete a DUI program prior to your license being reinstated. You need to contact an experienced Sacramento DUI lawyer to protect your rights.

The arresting police officer is required to forward a copy of the completed notice of suspensions or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV will then conduct an administrative review and if the suspension or revocation is upheld during this time, you may request a hearing to contest the suspensions or revocation. You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside and you will be notified. Continue reading “DUI: DRIVER’S LICENSE RESTORATION”

CALIFORNIA CRIMINAL JUSTICE SYSTEM

SACRAMENTO CRIMINAL ATTORNEY

Sacramento Criminal Attorney
Chances are that if you are reading this page you are seeking to learn more about the California state criminal justice system and how it works. Below we set out some of the basics of what happens after someone is arrested. This is by no means a thorough overview but we hope it will be a good starting point. Each case is different and requires individual attention. If you have been arrested and charged with a crime it is best to contact a Sacramento criminal attorney for free consultation about your case.

FOLLOWING THE ARREST

Once someone is arrested a police report is usually generated. This police report typically makes its way to the District Attorney’s office within 24 to 48 hours after the arrest. A deputy district attorney is typically assigned to review police report and file a complaint with the court. In some cases it is possible that a complaint was already filed in Superior Court prior to the arrest. The complaint would contain the criminal charges supported by the facts alleged in the police report. The prosecution of a felony case can also commence by filing a grand jury indictment. If the arrested person remains in custody they are generally arraigned within two days following the arrest. Someone arrested on a weekend or during a holiday may have to wait an extra day to be arraigned Continue reading “CALIFORNIA CRIMINAL JUSTICE SYSTEM”

CHILD ABUSE

CRIMINAL LAWYER SACRAMENTO

Criminal Lawyer in Sacramento

Being falsely accused of child abuse can ruin lives and professional careers.

Publicized events have highlighted situations in which authorities failed to protect children by not intervening fast enough. Unfortunately for the accused this now often means that the authorities will act first and ask questions later. More often than not child abuse allegations start with a complaint to law enforcement filed by someone outside the home. Often charges of child abuse or child endangerment arise after a complaint started by a “mandated reporter.” A mandated reporter in the child abuse context can be a teacher, a caretaker, a pediatric nurse or other professional who has regular contact with children in the course of their work. The law imposes on people within such professions the duty to report suspected physical abuse, sexual abuse or any other type of abuse or evidence of neglect. For the purposes of fulfilling the mandated reporting laws, abuse is typically suspected when the child seems to have suffered physical injury other than in an accidental way, has injuries or has other signs of a condition resulting from abuse or neglect. Such conditions may include sexual molestation, physical exploitation, and even malnutrition. Continue reading “CHILD ABUSE”

LEAVING A CHILD UNATTENDED IN A CAR

CRIMINAL DEFENSE ATTORNEY IN SACRAMENTO

Criminal Defense Attorney in Sacramento

In the fall of 2001, Kaitlyn’s Law was passed in the state of California that makes it illegal to leave a child unattended in a motorized vehicle. The law originates after Kaitlyn Russell died after being left alone in a car for two hours. If a parent, legal guardian or any one who is over 12 years older and responsible for the supervision of someone under 6 years old could be found in violation under certain circumstances. If there are conditions that present significant risk to a child’s health or safety such as a set outdoor temperature that becomes it unsafe inside. Continue reading “LEAVING A CHILD UNATTENDED IN A CAR”