Category: CRIMINAL DEFENSE

CRIMINAL DEFENSE

PROPERTY CRIMES

SACRAMENTO CRIMINAL ATTORNEY

Sacramento Criminal Attorney

Property crimes are the most common crimes committed in California

Property crimes in the State of California include many common offenses that relate to the theft or destruction of someone else’s property. Crimes against property can range from low-level misdemeanors to general felonies. By definition, a property crime is the theft or damage of another’s property, and does not involve the use of force or threat of force against. In some cases, more serious violent felonies including robbery are considered crimes against property.

Property crimes are the most common crimes committed in California, and after years of declining property crime rates in the state, California has seen an explosion in crimes against property. Experts argue on the exact nature of the increase, but the numbers are clear. Continue reading “PROPERTY CRIMES”

FIRST-DEGREE & SECOND-DEGREE CHARGES

SACRAMENTO DEFENSE LAWYER

Sacramento Defense Lawyer - Law Offices of Richard Dudek

Sacramento Defense Lawyer Discusses First-Degree & Second-Degree Charges in California

Specific categorization of crimes allows the Court to give detailed sentences that match the severity of the crime. In California, felony crimes have varying degrees. For example, if there was only one degree of murder, then anyone who killed another person would probably spend the rest of his or her life in jail.

There would be no room to consider the exact details of the crime such as it occurring in the heat of an argument or as another consequence of an action not intended to actually kill the person. The severity of punishments are all circumstantial. If you have been charged of a first-degree or second-degree crime, contact a Sacramento defense lawyer immediately for legal assistance.

The court takes several aspects of a crime into consideration when determining the classification of the transgression. One important consideration is aggravating or mitigating circumstances. Mitigating circumstances are elements of the crime that do not necessarily excuse the crime but that are considered in order to fairly judge the severity, and degree, of a crime. Crimes that are committed in the “heat of passion” are an example of the consideration of mitigating circumstances. Aggravating circumstances are elements of the crime that actually increase its severity – such as killing someone based on their sexual orientation. Continue reading “FIRST-DEGREE & SECOND-DEGREE CHARGES”

WILL PAST CONVICTIONS AFFECT MY CURRENT CASE?

SACRAMENTO CRIMINAL DEFENSE ATTORNEY

Sacramento Criminal Defense Attorney

Past Convictions and How They Can Affect Your Current Case

If you ask a psychologist what the best predictor of future human behavior is, they will almost certainly answer “past human behavior”. Many of us are programmed to be change averse, and this tends to make our habits and personality “sticky” and difficult to change. Continue reading “WILL PAST CONVICTIONS AFFECT MY CURRENT CASE?”

WHAT TO DO IF YOU ARE ARRESTED?

SACRAMENTO CRIMINAL LAWYER

Getting charged for any crime can be extremely overwhelming and stressful. Contact Sacramento criminal lawyer Richard Dudek  for consultation today.

What should you do if you are ever arrested?

The first thing is to stay calm and obey all of the police officer’s instructions – even if you feel that you have done nothing wrong and that the arrest is unlawful. You don’t need to have actually committed a crime to be arrested; the officer needs to have only probable cause to arrest you. And the penalty for resisting arrest can be much more serious than that for the charge on which you were arrested originally. Continue reading “WHAT TO DO IF YOU ARE ARRESTED?”

FELONY MURDER RULE

SACRAMENTO CRIMINAL DEFENSE LAWYER

Sacramento Criminal Defense Lawyer - Law Offices of Richard Dudek  (916) 444-7595

CALIFORNIA FELONY-MURDER RULE

California’s felony-murder rule attaches criminal liability to anyone who kills another human being during the commission of an inherently dangerous felony. The rule was established with the goal of holding people who engage in dangerous behavior accountable for the harm to others. Because of this rule, the government can allege criminal liability for the death of another even if the accused did not intend for anyone to die during the commission of certain conduct.

The purpose of the felony murder rule is to deter people from engaging in dangerous behavior that may lead to loss of life. When the felony murder rule is applied, the court does not distinguish between intentional, accidental, or negligent homicides. If a person dies during the commission of a felony, the felony murder rule applies and the person engaged in committing the felony can be charged with murder.

Continue reading “FELONY MURDER RULE”

SACRAMENTO COUNTY WARRANTS

CRIMINAL DEFENSE LAWYER IN SACRAMENTO

Criminal Defense Lawyer in Sacramento - Law Offices of Richard Dudek  (916) 444-7595

If you believe that you have an outstanding warrant out of Sacramento County contact our offices immediately.

The experienced criminal defense attorney you will speak with will need to determine if the warrant is a bench warrant or an arrest warrant. With bench warrants, the criminal defense attorneys will work with your bail agent to secure release. Bench warrants are issued when a defendant fails to appear at a hearing. Many courts will allow a bail agent to re-assume the bond (meaning reinstate the previous bond) for a minimal fee. If you have missed a court appearance in Sacramento or any other Northern California criminal court, it is likely that the court issued a bench warrant for your arrest. Contact the Law Offices of Richard Dudek immediately so that one of our criminal defense attorneys can work to arrange a new court date for you. Continue reading “SACRAMENTO COUNTY WARRANTS”

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”

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”

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”

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”