Last updated 6 months ago
Being arrested means that you are legally under police custody and are not free to leave the scene. However, you may be detained or held for questioning for a short period of time without being legally arrested if officials suspect that you are involved in a crime. An arrest can be one of the most terrifying experiences of your life, making it difficult to keep a clear head. The best way to protect your own self-interests is to have a handle on your legal rights:
Who Can Arrest You
The first step in ensuring your rights is to understand who can arrest you. In the state of California, all law enforcement officers can make an arrest regardless of whether or not they are on duty. California also allows an arrest to be made by a probation or parole officer in most cases.
Miranda Rights
When you are legally arrested, a law enforcement officer must notify you of your Miranda Rights before he or she can question you. Your Miranda Rights include:
- The right to remain silent
- The right to be notified that anything you say may be used against you in a court of law
- The right to have an attorney present while you are being questioned
- The right to have an attorney appointed for you if you cannot afford one
It is important to remember that unless you are notified of your Miranda rights, police officials cannot use your statements against you.
Obtaining a Lawyer
If you are arrested for a serious criminal charge, including drug crimes, sex crimes, or even manslaughter, then you have the right to request the presence of an attorney even before your questioning begins. This ensures that your best interests will be maintained during the entire legal process.
Whether you’ve been arrested, in the San Diego area, for cybercrimes, drug charges, or manslaughter, the Law Offices of Bill O'Connell are here to help. For more information on representation for felonies, contact our office at (619) 550-3872.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 7 months ago
Felonies are defined as criminal offenses with maximum penalties that exceed one year in prison. While there are a number of crimes that are considered felonies, one of the most serious charges is manslaughter. Consider this overview on manslaughter charges to learn more:
What Constitutes Manslaughter?
In order to understand the penalties for manslaughter, it is important to first understand what differentiates manslaughter from murder. There are several different types of manslaughter, including:
- Involuntary manslaughter: This term refers to the unlawful killing of another individual without malice or a lawful act without due caution. In order for a person to be convicted of involuntary manslaughter, it must be proven that the defendant was criminally negligent or failed to perform a legal duty that caused the death of another.
- Voluntary manslaughter: This term refers to the unlawful killing of another individual without malice after being provoked, causing the person to act under the influence of anger or intense emotion that ultimately obscured their judgment. The state of California maintains that it must be proven that the defendant did not kill the individual due to a sudden quarrel or in the heat of passion in order to qualify as voluntary manslaughter rather than murder.
- Vehicular manslaughter: This is the unlawful killing of another individual without malice while driving a vehicle and simultaneously committing a misdemeanor.
What Are the Penalties for Manslaughter?
The charges for manslaughter vary from state to state and are based on the type. In the state of California, the penalties for manslaughter include:
- Involuntary: State prison for two, three, or four years.
- Voluntary: Three, six, or eight years in a federal state prison.
- Vehicular: Punishable by county jail for up to 12 months or federal prison for up to 10 years.
If you’ve been charged with manslaughter, then you’ll need the very best defense attorney by your side. With over 35 years of experience, the Law Offices of Bill O'Connell, serving the San Diego area, handle all major felonies from manslaughter to drug crimes. Get the legal representation you need by contacting our office at (619) 550-3872.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 7 months ago
Getting charged with a drug crime can be a serious offense in the state of California. Drug charges can land you in serious legal and financial trouble, including jail time, fines, probation, and more. Being smart about the way you handle drug charges and drug arrests is extremely important. Here are some tips for protecting yourself when you are suspected of drug crimes:
When dealing with the police, staying calm is very important. Whether or not you are guilty, you should always remain calm, collected, and cooperative. Getting aggressive or hostile towards a police officer will only escalate the situation and land you in handcuffs more quickly. While there are no guarantees of what will happen, police officers will not respond favorably when they feel threatened.
- Don’t Give Up Your Rights
While it’s important to keep your cool, you don’t have to give your rights. You can always assert your right to avoid self-discrimination by refusing to admit guilt, not answering the officer’s questions regarding the crime, or simply remaining silent. You also have the right to refuse searches for drugs or drug paraphernalia in your car, home, or on your person.
- Never Refuse an Arrest or Ticket
If an officer issues a citation or arrests you for a drug crime, then don’t refuse. Refusing a ticket or an arrest will not only make the officer mad but may also put you in the running for additional charges.
Hiring a criminal defense lawyer with experience in defending against drug charges will help to ensure that you have the best chance of fighting against your charges. Until your lawyer arrives, do not further discuss the charges with the police.
For expert criminal defense representation, in the San Diego area, for drug crimes, sex crimes, felonies, cybercrimes, or manslaughter, contact the Law Offices of Bill O’Connell. Call (619) 550-3872 for a consultation today.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 7 months ago
Although probation is an alternative to extended jail time, a number of people have trouble managing their lives according to the rules of their probation. This can lead to further legal trouble, including incarceration and fines. Here are a few helpful tips to you get through probation without getting into trouble:
Understand the Expectations of Your Probation
When you are on probation for drug crimes, sex crimes, or other criminal activity, there are a number of different rules you are expected to follow. Being clear on what these rules and policies are is very important to ensuring that you can successfully complete your probation. Also, take note of what type of supervision program you are on—depending on the probation program, you may have to take certain steps to avoid further legal trouble.
Communicate with Your Probation Officer
Your probation officer is an invaluable resource while you are in the probation system, so communicating with them regularly is a must. It’s important for you to attend regularly scheduled appointments, drug screenings, and any other meetings that your probation officer schedules with you. Missing appointments consistently is a violation of your probation agreement and can lead to fines or jail time.
Work with a Criminal Attorney
If you’ve been charged with a crime, having reliable, experienced legal representation is crucial in ensuring that you are treated fairly during court proceedings. Even after sentencing, an attorney can help you shorten the probation period and negotiate the terms of your sentence.
For high quality legal representation from a seasoned criminal defense attorney, contact the Law Offices of Bill O’Connell. Our office specializes in criminal defense representation for those charged with drug crimes, sex crimes, manslaughter, felonies, cyber crimes, and more. Call (619) 550-3872 for a free consultation today.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 7 months ago
Court cases involving sexual crimes often take center stage on national television and in the media. Most of these crimes are felonies and require an experienced defense attorney to make a case for the defendant.
Rape: Forced sexual intercourse is one of the most ubiquitous sex crimes in the world. The act often includes threats, intimidation tactics, and physical abuse. If you are charged with rape, then you can expect severe consequences depending on your legal defense and the circumstances surrounding the crime.
Prostitution: The sale of sexual services is illegal across the nation, except in the state of Nevada. The legal definition of sexual services is not limited to sexual intercourse and may vary state-to-state. Likewise, it is also illegal to solicit sexual services or to maintain a brothel. Sting operations are often employed to catch and detain suspected “clients” of prostitutes.
Human Trafficking: Across the world, humans are transported and sold for sex to turn a profit. The enterprise of human trafficking is one of fastest growing criminal markets, bringing in between five and nine billion dollars in annual black market revenues. The victims of human trafficking are usually kidnapped or coerced into exploitation. Because of the ubiquitous nature of this market, some become involved unknowingly and need the help of a defense attorney.
Sexual Child Abuse: Any sexual acts between a child below the age of consent and an adult are a criminal act. These acts are not limited to intercourse. Coercing a child to engage with sexual images, produce erotic images, or undress is illegal. Incest is usually included under this designation.
Trust the Law Offices of Bill O’Connell to handle your legal case. We have practiced law and handled criminal cases for over 35 years. We work with sexual abuse, drug, cyber crime, and manslaughter cases and are here for your defense. To schedule consultation, contact us at (610) 550-3872.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
