Author: alincintean

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”

DOMESTIC VIOLENCE DEFENSE

SACRAMENTO DOMESTIC VIOLENCE LAWYER

Sacramento Domestic Violence Lawyer
Law Offices of Alin Cintean has established itself as a leading California domestic violence law firm, having successfully handled numerous domestic violence cases in Sacramento County. We are dedicated to defending your rights and providing you with the highest quality legal representation.

Domestic violence refers to a wide range of conduct, from threats and verbal harassment to the use of physical force. Domestic violence includes all forms of abuse, from screaming and pushing, to emotional and physical abuse. Each year, approximately 1 million women suffer from nonfatal violence perpetrated by an intimate partner. More than 4 million women experience a serious assault by someone they know or love. Continue reading “DOMESTIC VIOLENCE DEFENSE”

JUVENILES AND THE LAW

CRIMINAL DEFENSE LAWYER IN SACRAMENTO

Criminal Defense Lawyer in Sacramento

JUVENILE ARRESTS & CALIFORNIA LAW

As soon as someone turns 18, they are considered an adult with privileges such as being able to vote, enter into contracts, get married and have “freedom”. However, everything up until 18, they are considered minors and are under the care of a parent or parental guardian, which also means any legal implications they may get caught up in.

The California juvenile court process begins with an arrest. If the incident is not that serious, law enforcement may just give the minor a warning and let them go. But if the matter is serious, they will take the minor to juvenile hall and as a parent you want to make sure you defend and protect your child so make sure to contact an experienced criminal defense lawyer in Sacramento at the Law Offices of Alin Cintean who can help guide you through the process. Continue reading “JUVENILES AND THE LAW”

CRIMES AGAINST A PERSON

CRIMINAL ATTORNEY IN SACRAMENTO

Criminal Attorney in Sacramento

Crimes Against Another Person

Crimes against persons is a term used to define the general group of criminal offenses that involve bodily harm, the threat of such, and other actions against individuals.

There are 9 types of crimes against persons as defined by California Law:

  • Homicide
  • Mayhem
  • Kidnapping
  • Hostages
  • Robbery
  • Attempts to Kill
  • Assault with Intent to Commit a Felony Other than Murder
  • False Imprisonment and Human Trafficking
  • Assault and Battery

Continue reading “CRIMES AGAINST A PERSON”

WEAPON CHARGES

CRIMINAL DEFENSE LAWYER IN SACRAMENTO

Criminal Defense Lawyer in Sacramento

There are few areas of law as hotly contested as that of guns and weapons.

The state of California lies at one extreme while a large portion of the country lies at another, where guns and weapons are quite loosely regulated. Since individuals cross state lines quite frequently, it can be complicated to understand what exactly is permitted in each state.

Weapons Charges in California

California regulates guns and other weapons quite strictly, so there are many laws related to this subject. Due to this high regulation, it can be difficult to understand what is legal and what is illegal. Some of the more common weapons charges in California include:

  • Carrying a concealed firearm
  • Improper handling of a gun in a car
  • Aggravated assault with a deadly weapon (includes firearms)
  • Firing a gun into a building or structure that is occupied
  • Selling firearms
  • Possessing an assault weapon

Continue reading “WEAPON CHARGES”

ASSAULT & BATTERY

SACRAMENTO CRIMINAL DEFENSE ATTORNEY

Sacramento Criminal Defense Attorney

ASSAULT & BATTERY

Most domestic battery arrests occur in the home, and most simple non-domestic battery arrests occur in bars or public places. Regardless of the type of battery, they both usually begin by someone calling the police on a recorded 911 call. In many instances the “victim” does not want to have the Defendant arrested.

Aside from driving charges like DUI or driving while license suspended, assault and battery charges levied against individuals are a close third in the total number of arrests for criminal charges in the State of California. An arrest for a battery often occurs in the house, in front of children, friends, or family members. The stigma attached to having a battery conviction can have dramatic consequences, since it is a crime of violence

California law enforcement is trained to arrest individuals if they believe they can prove who the primary aggressor(s) is, or if there are visible signs of injury. It is important to remember, that burden for an arrest in California is probable cause. That does NOT mean that you are guilty beyond a reasonable doubt of the charge you were arrested for. Getting a trained battery lawyer on your side must be done fast, as evidence such as videos, witness statements, receipts, and pictures of injury to alleged defendants will disappear as time goes on. Continue reading “ASSAULT & BATTERY”

VOLUNTARY AND INVOLUNTARY MANSLAUGHTER & MURDER

SACRAMENTO CRIMINAL LAWYER

Sacramento Criminal Lawyer

VOLUNTARY MANSLAUGHTER

Manslaughter is the unintentional killing of another human being. There are three types of manslaughter that can take place: voluntary, involuntary, and vehicular manslaughter. Voluntary manslaughter is more serious than involuntary manslaughter, and the punishment is accordingly stiffer. For example, if a death occurs upon a sudden quarrel or heat of passion, you may be charged with voluntary manslaughter.

Voluntary manslaughter is an intentional killing without malice aforethought. Usually there are some mitigating circumstances that justify reducing a murder charge to the lesser offense of manslaughter.

A common example of voluntary manslaughter is a killing committed in the “heat of passion” by a husband who finds his wife in bed with another man. If the wronged husband kills before a reasonable person in the same situation would have cooled off, the killing, although still unlawful, is usually reduced from murder to voluntary manslaughter. But if the husband did not act immediately and instead plotted the killing for a few weeks, there would be a good argument that he is guilty of murder because he waited beyond a reasonable cooling-off period before acting. Continue reading “VOLUNTARY AND INVOLUNTARY MANSLAUGHTER & MURDER”

BAIL

CRIMINAL DEFENSE LAWYER IN SACRAMENTO

criminal defense lawyer in sacramento

BAIL IN CALIFORNIA

With the exception of capital offenses, persons charged with most other criminal charges are entitled to an amount of bail. In state court (criminal charges pending in the local county court), a schedule is maintained for the appropriate bail according to the charges faced. Each county sets the bail schedule at a different amount. While the goal is uniformity, It is not uncommon for different counties to have different amounts for the similar charges. The initial bail amount is fixed either shortly after the arrest or at the first court appearance, generally the arraignment. Continue reading “BAIL”