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”

CALIFORNIA PROFESSIONAL LICENSE ALLEGATIONS

SACRAMENTO PROFESSIONAL LICENSE DEFENSE LAWYER

Sacramento Professional License Defense Lawyer

FALSE PROFESSIONAL LICENSE ALLEGATIONS

There are many possible defenses when a regulatory licensing board has filed an accusation against a professional license holder. One of the more common defenses is that the factual allegations lodged against the licensee are untrue.

Although this type of defense may seem obvious in a California professional license defense case, not every professional license accusation can or should be defended in this manner. If a skilled and knowledgeable professional license defense attorney decides to use this defense, the professional license defense lawyer should be ready to take all the necessary steps available to illuminate the facts that show the client did not violate the state licensing board’s rules, codes or regulations. The license defense attorney should immediately begin to sculpt out the known facts in order to show that the allegations against the professional license holder are just plain false.

OUR ATTORNEYS WILL INVESTIGATE ALL CLAIMS MADE BY THE REGULATING BOARD

At the Law Offices of Alin Cintean we are ready to thoroughly and zealously investigate all claims made by the regulating board. This is done to quickly determine if the licensing agency possesses any evidence required to show the professional license holder violated the regulatory agency’s codes of conduct. Experienced Sacramento professional license defense lawyer at the Law Offices of Alin Cintean knows that just because a licensing agency brings forth allegations, it does not mean the agency will be able to prove that the allegations are true. The allegations must be carefully compared to the existing codes and regulations. Many accusations will fall apart when the evidence is viewed in light of all the rules of evidence as well as subjected to rigorous cross-examination. Continue reading “CALIFORNIA PROFESSIONAL LICENSE ALLEGATIONS”

THE ADMINISTRATIVE REVIEW PROCESS

SACRAMENTO PROFESSIONAL LICENSE DEFENSE ATTORNEY

Sacramento Professional License Defense Attorney
In the state of California, by law, many people who hold a profession in an industry like medical, legal, construction, service, and many more, require to hold a current professional license in order to practice their profession. If you are a licensed professional, you have invested a substantial amount of years and money for education. You are considered an expert in your field and know how to advance in such profession. If you are facing an investigation, allegation or accusation that questions your license, contact an experienced Sacramento professional license defense attorney immediately for help.

Some disciplinary actions against your licensee could occur for:

  • Negligent care
  • Improper prescriptions or administration of drugs
  • Professional misconduct
  • Inadequate maintenance of patient charts or records in the medical field
  • Chemical dependency (drugs and alcohol)
  • Criminal arrests
  • Unprofessional conduct

Continue reading “THE ADMINISTRATIVE REVIEW PROCESS”

GUN VIOLATIONS & WEAPONS CHARGES

CRIMINAL DEFENSE ATTORNEY IN SACRAMENTO

Criminal Defense Attorney in Sacramento Alin Cintean

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”

WHAT IS DOMESTIC VIOLENCE?

CRIMINAL DEFENSE LAWYER IN SACRAMENTO

Criminal Attorney in Sacramento

DOMESTIC VIOLENCE IN CALIFORNIA

Domestic violence is defined in California Penal Code section 13700 as: “abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.”

Two types of domestic violence charges are common in criminal court: “corporal injury to a spouse or cohabitant” (California Penal Code section 273.5) and “domestic battery” (California Penal Code section 243(e)).

  • In a “corporal injury” case, any visible physical injury perpetrated on a spouse or cohabitating intimate is charged as a crime. If convicted, the accused can be fined up to $6,000, put on probation, required to participate in diversion programs, and imprisoned for one year in county jail or for four years in a state prison.
  • “Domestic Battery”
 occurs when there is willful and unlawful use of force or violence upon a domestic partner. If convicted, the accused may be subject to fines, participation in a treatment program, and one year in a county jail. Continue reading “WHAT IS DOMESTIC VIOLENCE?”

PROFESSIONAL LICENSE DEFENSE

SACRAMENTO PROFESSIONAL LICENSE DEFENSE ATTORNEY

Sacramento professional license defense attorney

Legal Trouble With Your Professional Licensing Board?

Sacramento professional license defense attorney Alin Cintean handles professional license defense cases in California. The area of the law dealing with professional license defense can be complex and often confusing.

In order to protect the general public from harm, the State of California has instituted many rules and regulations that govern the conduct of various professions and professionals. These rules and standards are enforced though a complex professional licensing system. The state system also includes standards for professional license discipline. While the state regulates a vast number of professions, there are some common threads when it comes to regulation, defense and punishment.

Of course someone seeking to practice a regulated profession, such as a doctor, nurse, dentist must obtain a license from the state agency that polices that specific profession. This licensing agency may attempt to deny a license or seek to discipline for current license holders if it believes their conduct does not meet the standards set in that particular profession. Such a denial or discipline is usually done through a hearing that is articulated in the Administrative Procedure Act (Gov Code 11340-11529). Continue reading “PROFESSIONAL LICENSE DEFENSE”

DUI CONVICTIONS FOR UNDERAGE DRIVERS

DUI Attorney in Sacramento

DUI Attorney in Sacramento
Getting a DUI is a serious matter which should be discussed with an experienced DUI attorney at the Law Offices of Alin Cintean. There are two main laws that cover underage DUIs in California:

Vehicle Code 23136 VC

This is known as the “zero tolerance” law for underage DUI. This law states that anyone under the age of 21 that drives with a blood alcohol content (BAC) of 0.01% or greater is in violation of the law and may face a one-year suspension of their driver’s license. This law is not only limited to alcoholic beverages and includes any sources that include alcohol, including medications. In order to determine the presence of very low amounts of alcohol in the underage driver’s blood, law officers use a preliminary alcohol screening (PAS) test. This can be conducted through a standard breathalyzer or similar device and works by measuring the alcohol on a person’s breath and converts it to the blood content.

Though breaking this law is not a crime with severe punishments, it is still advantageous to hire a skilled DUI attorney in Sacramento. An attorney can help an individual in violation of this law to challenge the license suspension, resulting in a cancellation of the suspension or in the procurement of a special “restricted hardship” license, which permits the individual to drive to work, school, or for family affairs. Continue reading “DUI CONVICTIONS FOR UNDERAGE DRIVERS”

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, Alin Cintean 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”