Criminal Charges
The consequences of a criminal conviction can be severe. You run the risk of losing your independence, your ability to support yourself, and even your right to vote. The “Three Strikes” sentencing policy in California results in much higher stakes for criminal law trials. Your future is too important to rely solely on luck and chance. Whether you are facing a first-time DUI or subsequent offense, allegations of a sex crime, drug charges, or the need for post-conviction relief to help you start over, a reputable criminal charges lawyer in Van Nuys is what you need.
Especially when you are seeking a green card to allow you to remain in the United States, it is critical that you speak with an experienced immigration lawyer if you have a criminal record, because they can help you determine your options and might mean the difference between being sent to prison and being allowed to leave the courtroom. Our criminal defense team puts out unrelenting effort to establish your innocence and keep you out of jail.
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The Law Offices of Hussain & Gutierrez offers tenacious legal defense to Van Nuys clients charged with federal offenses. Our firm has vast experience defending clients accused of federal charges, and federal crimes call for a lawyer with specialized and detailed understanding. It is crucial that you retain a federal criminal defense attorney with experience in these cases if you are facing federal criminal charges.
Federal criminal investigations might take many months or even years before official charges are brought, depending on the particulars of the offense. A skilled criminal charges lawyer’s early involvement can frequently influence the investigation’s direction and save an indictment.
About 25,000 Californians have received terms of 25 years or more in jail after committing three crimes. In 1994, the "Three Strikes" law accomplishes two key objectives:
- The criteria for imposing a 25-year sentence on a defendant as a third strike offender demands that the new or third offense be a major or violent one with two or more prior strikes.
- The establishment of a procedure via which certain criminals already serving third strike sentences might approach the court to have their term reduced to a second strike sentence if the new law had allowed them to get a second strike.
Your choice of criminal charges attorney in Van Nuys is crucial, even if you've been accused of one felony. You may rest easy knowing that you'll have a tenacious legal advocate fighting for your rights and your freedom if you locate a seasoned law company with a track record of litigating the most difficult criminal cases. The Law Offices of Hussain & Gutierrez offers you such attorneys that can be the difference between life in prison and freedom.
Criminal charges in California are divided into the following three categories:
- Infractions - These offenses are civil in nature and are not punishable by imprisonment. Minor traffic offenses are a frequent infraction. Paying a fee is the standard penalty for these offenses, and those who obtain citations typically aren't entitled to a public defender or a jury trial.
- Misdemeanors - These offenses are punishable by fines that are normally between $1,000 and $2,000 as well as up to a year in a county jail. Petty theft, trespassing, and public intoxication are a few examples of crimes that are regularly punished as misdemeanors.
- Felonies - This group includes the most severe crimes. Although certain crimes may result in probation, others may result in the death penalty, a life sentence in a state prison, or even life behind bars. This group of crimes includes drug offenses, domestic abuse, felony DUI, significant assault, manslaughter, and murder.
Because they fall somewhere in between, many offenses can be charged as either a misdemeanor or a felony. These violations are referred to as "wobbler" infractions. Whether a crime is charged as a felony or misdemeanor depends on the aggravating circumstances present, such as the use of a weapon, and the offender's prior convictions.
Not all criminal convictions are treated equally when it comes to immigration issues. “Crimes involving moral turpitude” (CIMT) are viewed much more critically by the U.S. Citizenship and Immigration Services (USCIS) when it comes to granting an application for a green card or citizenship. Some of these types of criminal convictions include:
- Fraud
- Petty theft
- Burglary
- White collar crimes
- Assault with a deadly weapon
- Drug offenses
CIMT convictions on both the state and federal level will be evaluated when an immigration petition is being considered. Often, the USCIS will look at the federal equivalent of the state charge when analyzing your record, which may be a more severe charge. If you have been convicted of more than two “crimes involving moral turpitude,” our Van Nuys criminal charges attorney can help you apply for a waiver that will allow you to apply for a green card. We will also help you by mounting an aggressive removal defense if you are facing criminal deportation proceedings, if your application for a green card triggered this type of action by the USCIS.
If you are convicted of a CIMT after our criminal charges lawyer has helped you obtain a green card, your eligibility for citizenship will be affected. In fact, any crime you commit, whether it is deemed CIMT or not, will be considered when your petition is being processed. More importantly, any offense committed after your green card has been granted may be grounds for criminal deportation and may permanently bar you from applying for citizenship. We are here to counsel you about your chances of a successful citizenship petition, to help you with the process and to prevent criminal deportation if it is based on unfair grounds.
Top-Rated Criminal Defense Attorneys For Drugs Charges and Other Criminal Convictions
We provide discrete, targeted, and strategic representation from the moment we are appointed. Many of our customers contact us right once when they learn of a criminal investigation that is currently underway. We have a unique opportunity to learn more, talk to witnesses, and engage with the police and prosecutor. A prosecutor’s decision to bring charges or not can frequently be decided by taking an aggressive and proactive approach. Attorney Fakhrudeen Hussain is committed to fighting for your freedom and upholding your rights because we are conscious of the grave repercussions and complexity of the penal code. Every case is unique, so we’ll collaborate with you to understand your specific needs and goals.
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The prosecution must file charges for the majority of misdemeanor offenses one year after the incident was allegedly committed. If the crime is a felony, the prosecution typically has three years from the alleged crime date to press charges.
The prosecution can also choose not to charge you or decide to end the case before trial.
With the exception of Sundays and federal holiday weekends, a suspect who is being held in jail for a misdemeanor or crime shall appear in court “without undue delay” and within 48 hours after their arrest.
The accused will not be reimbursed for their bail money if they fail to appear in court on the scheduled hearing date or if they violate any of their bail terms, such as interfering with witnesses .If the accused is found guilty, the bail money will be returned after the case is ended.
Charges can only be brought by prosecutors, or lawyers who work for the state government. Law enforcement can, however, be notified of a crime. A prosecutor may decide to pursue charges after an investigation and get in touch with you to ask you to testify.
