CRIMINAL DEFENSE
An Overview
Are you charged with a misdemeanor? You may not have to appear in court.
Here at the Law Offices of Alex Amar Kannan, we understand that being charged with a misdemeanor does not have to be the end of the world for you. What a lot of people do not know is that California’s Penal Code 977(a) allows us to go to court on their behalf. In other words, you don't have to spend money on hotels and airfares if you're accused of committing a misdemeanor crime.
Penal Code 977(a) has, however, two exceptions:
DOMESTIC ABUSE
Misdemeanor cases that relate to domestic abuse require that you appear in court in person both for the arraignment and sentencing. The defendant’s presence is also required where a protective order is issued.
DRIVING UNDER THE INFLUENCE (DUI)
Depending on the judge, DUI cases may also require that you appear in court during your arraignment, plea and sentencing.
Depending on the circumstances, the offenses that are outlined below may be classified as either misdemeanors or felonies.
If you are charged with a felony, read the section "Felony Offenses" below. If you were charged with Domestic Abuse or a DUI, read the section on "Domestic Abuse and DUI’s".
Please note: Although you may not have to appear in court, your attorney will never take any action on your behalf with which you do not agree. Your attorney will advise and guide you through all of your options, but ultimately, YOU, the client, will make the final decision on your case.
MISDEMEANORS
Depending on the circumstances, most of the following cases can be classified as misdemeanors.
Common Misdemeanor Offenses
1. Assault and Battery
Assault and battery cases are usually classified as misdemeanors in California, which means that you do not, in most cases, need to appear in court in person. Common assault and battery cases include; assault, assault with caustic chemical, assault with a deadly weapon, assault public officials, battery, battery on a peace officers, battery with serious bodily injury and many more. Penalties for assault and battery can be severe, which is why you need to engage the services of a good criminal defense lawyer to represent you in court. Contact us now, and we will make sure that your daily routine is not interrupted by managing the progress of your case through California’s judicial system.
2. Domestic Abuse
The consequences of having domestic violence (DV) charges against you tend to be devastating and humiliating. These cases include domestic battery, corporal injury, child abuse, criminal threats, child endangerment, elder abuse, child neglect, violation of a restraining order, aggravated trespass and damaging phone lines.That is particularly the case in California, where getting charged with domestic violence often means you will have to stay in jail overnight. The charge may also prevent you from going home for a while. Most domestic abuse cases actually require that you appear in court in person. The potential for embarrassment and being found guilty on a DV charge makes it important for you to hire the services of the a criminal defense attorney that you trust and with whom you feel comfortable.
3. Driving Crimes
Driving crimes range from DUI, vehicular manslaughter, DUI of drugs, driving without a license, driving on a suspended license, hit and run, evading an officer, drinking alcohol in a motor vehicle and driving while addicted to drugs.Whatever the case, you need a good criminal defense lawyer to represent you in court when facing driving crimes, since penalties for being found guild can be rather severe. Without proper representation, you could, as an example, end up being incarcerated, or facing financial ruin following a conviction. You could also end up having your license suspended, which will affect your work and personal life, particularly if you need to drive to get to and from work every day. In California, whether or not you are going to be required to appear in court when facing a driving offense is entirely dependent on the judge. Call us today, and we will advise you to put you in the best position possible to defend your case.
4. Drug Crimes
Many drug possession cases were reduced to misdemeanors in California under proposition 47. If you are charged with a misdemeanor offense, you likely will not need to appear in court in person during the hearing of your case. Examples of drug offenses in the state are possession, possession for sale, manufacturing and transportation.Call us today so we can calmly and carefully advise you so you are best prepared to defend your case.
5. Fraud
Under Penal Code 476, cases of fraud in the state of California can be classified either as misdemeanors or felonies. They range fromauto insurance fraud to check fraud, credit card fraud, health care fraud, gambling fraud, identity theft, real estate fraud, welfare fraud, unemployment insurance fraud and workers comp fraud. Contact us to we can evaluate your case. Should you be charged under a misdemeanor, we will appear in court on your behalf. You can, therefore, go about your business, knowing fully well that your case is in capable hands.
6. Sex Crimes
Whether guilty or not, facing a sex related charge is something that can leave an indelible mark on your ability to function in society. In California, sex crimes can be range from rape, sexual battery, statutory rape, indecent exposure, prostitution/ solicitation, lewd conduct in public and lewd acts with a child.Whatever the charge that you are facing, you need to be properly represented in court to make sure that your interests are protected. What most people do not realize is that not all sex offenses are regarded as felonies in California. Call us so we can evaluate the exact nature of the charge you are facing.
7. Theft
In California, whether or not your theft case is going to be treated as either a misdemeanor or a felony is entirely dependent on the prosecutor. Theft charges range from grand theft, petty theft, burglary, embezzlement, auto burglary, burglary of a safe or vault, robbery, shoplifting, receiving stolen property and misappropriation of public funds. Call us today to evaluate your case, and we will make sure that you are free to go about your business, even as your case is being heard in California’s courts.
FELONY OFFENSES
Penal Code 977 (a), which makes it possible for attorneys to appear in court on behalf of their clients, is applicable to almost all misdemeanors. The same cannot be said, however, for felony offenses.
Should you ever be charged with a felony offense, you will actually need to appear in court in person.
Felony charges require that you appear in court for your arraignment and plea. You also need to be there when it becomes time for the preliminary hearing, as well as on the day of your sentencing.
Should your case proceed to trial, and evidence needs to be given in the presence of a jury, the law also requires that you be present for the duration of the proceedings.
WE ARE ALSO EXPERIENCED IN IMMIGRATION LAW.
At the Law Offices of Alex Amar Kannan, we not only practice criminal law, but immigration law as well. We therefore understand the complexities of immigration law and how criminal proceedings can affect one’s immigration status. If you are a non-citizen (undocumented, in possession of a work permit (such as DACA), or a legal permanent resident), it is absolutely necessary you consult with an attorney who has extensive knowledgeand experience in immigration law. Here, we will do all we can to carefully guide you through your criminal proceeding to make sure you will not later suffer negative immigration consequences.
If you are a non-U.S. Citizen and you are charged with a misdemeanor, and are afraid of attending your criminal court proceeding, call us today. Based on the above information, you may not have to appear in court and thus constantly fear interactions with government officials at your hearing. Rest assured, we will attend your hearing for you and keep you updated of all relevant stages of your case.
