Category: CRIMINAL DEFENSE

CRIMINAL DEFENSE

CALIFORNIA PROPOSITION 36

SACRAMENTO CRIMINAL DEFENSE ATTORNEY

SACRAMENTO CRIMINAL DEFENSE ATTORNEY

2012’s Proposition 36: Are You Eligible for a Reduced Sentence?

Back in 1994, California passed Proposition 184, a voter initiative that created a very strict “three strikes” sentencing law. The “three strikes” refer to three criminal convictions, and the law imposed a mandatory extended sentence—usually life—for persons convicted of a felony for the third time. The law was prompted largely by the efforts and campaign of a man whose daughter had been murdered by two repeat offenders who had been released from incarceration. The stated purpose of the law was to keep repeat offenders behind bars to prevent them from committing further crimes. If a criminal had not learned to stay straight after serving prison terms for two prior felony convictions, the rationale went, then he could not be trusted on release and therefore should pay for his criminal tendencies by permanent incarceration.

As a result of and since the passage of Proposition 184, nearly 9,000 of California’s approximately 141,000 inmates—or just over 6%—have been sentenced under Proposition 184’s life-sentence provisions, and even more are serving extended terms under Proposition 184’s other extended sentence provisions, which mandated a doubling of the normal sentence for a second felony conviction if the first felony conviction was for a serious or violent crime, such as burglary, robbery, or rape. Continue reading “CALIFORNIA PROPOSITION 36”

POLICE CONTACT

CRIMINAL DEFENSE ATTORNEY IN SACRAMENTO CA

criminal defense attorney in Sacramento

If you have been contacted by law enforcement, now is the time to contact Law Offices of Alin Cintean by calling (916) 441-3500.

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”

CHILD MOLESTATION ACCUSATIONS & CHARGES

SACRAMENTO CRIMINAL DEFENSE LAWYER

Sacramento Criminal Defense Lawyer
Sacramento criminal defense lawyer Alin Cintean is knowledgeable in protecting you against false accusations of lewd and lascivious conduct involving minors. As a former prosecutor and a California board-certified criminal law specialist will put his knowledge to work for you. We provide stellar representation to clients throughout the Greater Sacramento Area.

Child Molestation

California Penal Code Section 288 defines child molestation as touching a victim younger than 14 with the intent to arouse the sexual desire of either the offender or the victim. The statute is especially broad because it does not name any specific part of the body. While a child’s private parts are most obvious, touching any part of a child’s body with the intent to arouse sexual gratification can lead to a conviction. Even an accidental touching on the head or arm of a minor can be turned into a child molestation charge in California. Continue reading “CHILD MOLESTATION ACCUSATIONS & CHARGES”

CHILD PORNOGRAPHY CHARGES

SACRAMENTO CRIMINAL DEFENSE ATTORNEY

Sacramento Criminal Defense Attorney

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

The consequences for possessing, selling, or distributing child pornography can be severe. In today’s information age, most child pornography offenses occur on the Internet, which crosses state lines. Early in 2013, suspects from California were among 245 individuals (both male and female) who were arrested in “Operation Sunflower” a federal sweep of people believed to be traders, producers, or owners of child pornography. The sweep was dubbed Operation Sunflower to commemorate the one-year anniversary of the rescue of an eleven-year-old in Kansas that resulted from the identification of a sunflower-shaped highway road sign. In another early 2013 federal case, a man was sentenced to 135 months in prison for transportation of child pornography. Continue reading “CHILD PORNOGRAPHY CHARGES”

FELONY MURDER RULE

SACRAMENTO CRIMINAL DEFENSE LAWYER

Sacramento Criminal Defense Lawyer

CALIFORNIA’S 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

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 Alin Cintean immediately so that one of our criminal defense attorneys can work to arrange a new court date for you. Continue reading “SACRAMENTO COUNTY WARRANTS”

ELK GROVE STUDENT’S RACIST RANT DRAWS NATIONAL CONDEMNATION

ELK GROVE (CBS13) — A Pleasant Grove High School student is in hot water after a racist video she recorded went viral on social media.

The girl filmed herself making derogatory comments about the black community. The video has more 3 million views on Twitter since it was first posted over the weekend.

“Black people are trash; they need to die,” she said.

The racist, hate-filled rant has gone viral on social media, of two Pleasant Grove High students — one is seen in the background laughing at her friend’s racist remarks.

The girl in the video went on to say: “When the police were killing all those black people I was so happy.”

Community members are now demanding a public apology.

LEARN MORE: http://sacramento.cbslocal.com/2017/12/27/elk-grove-students-racist-rant-draws-national-condemnation/

FEDERAL CRIMES DEFENSE

Criminal Defense Attorney in Sacramento

CRIMINAL DEFENSE ATTORNEY IN SACRAMENTO

SUCCESSFULLY DEFENDING FEDERAL CRIMINAL CHARGES

Criminal defense attorney in Sacramento Alin Cintean has successfully represented numerous federal defendants in California. Alin Cintean is dedicated to protecting your rights and achieving the best possible outcome in your case.

Federal crimes refer to crimes prosecuted under federal law. While the district attorney prosecutes state crimes, the United States attorney prosecutes federal crimes. State courts are responsible for adjudicating most state-related issues, including family law, real property issues, and traffic violations. Federal courts have jurisdiction over cases implicating federal laws and issues involving more than one state.

Most white-collar crimes, for example, are governed by federal securities law and therefore are adjudicated in federal court. Matters involving interstate and international commerce, like drug trafficking, racketeering, and wire fraud cross state lines and are therefore considered federal crimes.

Examples of other federal crimes include:

  • Bribery
  • Extortion
  • Embezzlement
  • Money laundering
  • Forgery and counterfeiting
  • Computer and cyber crimes
  • Insurance and healthcare fraud
  • Federal drug charges
  • Gun crimes

Continue reading “FEDERAL CRIMES DEFENSE”

MOM SAYS SECURITY GUARD ACCUSED OF EXCESSIVE FORCE HAD REQUESTED TRANSFER

SACRAMENTO (CBS13) — A security guard accused of using excessive force on a homeless man appeared in court on Thursday.

Michael Johnson, 23, was arraigned in Sacramento County court. Johnson was appointed a public defender during his arraignment.

The victim remains in critical condition with life-threatening injuries.

“This is the end result for something; had he been patrolling another site, he wouldn’t be here,” said Shirelle Williams, Johnson’s mother.

Her son is behind bars, but she says he’s not the one to blame. Williams says her son quit his security job two weeks ago because he felt unsafe at work.

Learn more here: http://sacramento.cbslocal.com/2017/10/26/safeway-security-guard-arrested/

AGGRAVATED ASSAULT CRIMES & CHARGES

Criminal Defense Lawyer in Sacramento

Sacramento Criminal Defense Lawyer Explains Aggravated Assault Crimes & Charges

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”