Why do crime rates go up around the Christmas Season? What does December have to do with the behavior of people?

Statistically, there is more crime committed during the months of November and December. Some crimes regularly committed during these months are shoplifting, fraud, false pretenses, breaking into cars and forgery.

Crime, specifically robbery, is especially high in and around commercial areas and malls during the holiday season. Shoppers need to be cautious when carrying items back to their cars. It is a good idea to shop with another person or have security walk you to your car. If you feel uncomfortable or as if someone is following you, go back inside of the store.

Police believe robbery goes up during the holiday season because people cannot afford certain things or want to give a nice Christmas to someone else.

It said that winter months leading up to Christmas are when domestic robberies have recently been at their highest. In line with this, warnings are given out to homeowners that Christmas gifts can make an attractive target for thieves.

Though there is no good time to get arrested, if you or a loved one does, remember to call San Diego Criminal Defense – San Diego DUI Attorney, William Daley. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today! Happy Holidays!

Suing a government agency in the United States can be an intimidating ordeal, but if you feel like you or your property has been damaged or violated, it may be necessary. First off, contact a lawyer before you take any action. This can be a nerve-wrecking process and having a lawyer handling most of the headache for you will help.

You must first file a written “claim of damages” with the public agency (a claim that states what damages have been caused by the agency – also known as a “Government Code Section 911.30 claim”). These forms are provided by the government agency you are filing a claim against and usually on their website. Claim forms for claims against the state of California will also be available with the State Board of Control in Sacramento. Although you are not limited to these forms, they make the process much easier. There is a small fee associated with this filing but some people may qualify for a fee waiver.

This claim must be made within six months for any death or injury to a person, personal property, or growing crops. Any other claim must be filed within one year.

If you missed the deadline to file a claim with the government agency, you must file a “leave to present a late claim within one year.” This needs to be accompanied by a claim form as well as a letter of explanation as to why your claim is late. A few reasons that may allow a late claim are:

• Claimant was a minor during all of the time allotted
• Claimant was physically or mentally incapacitated during all of the time allotted
• Injured person died before the expiration of the time allotted
• The defendant lived outside of the state or was in prison for a time.

After you file the claim, one of three things will happen:

1. It will have been reviewed and approved. You will be contacted and will be paid a settlement,
2. It will have been denied. You will now have to file a suit if you want to continue to matter or;
3. You will have heard nothing. The board has 45 days to review and respond. If you do not hear from them after this time frame, the claim is deemed rejected.

In order to file a lawsuit, the claim must have been rejected. A copy of this rejection letter also must be submitted at the time of filing the lawsuit. Your suit must be filed in court not later than six months after your claim was rejected or within two years of the incident if no rejection was received.

For more information on this topic, call The Law Office of William Daley at (619) 238-1905 to set up a free 30 minute consultation today!

Believe it or not, many people who are convicted of a crime and end up in prison were falsely accused. Although the American criminal justice system works in most cases, not all juries get things right, and the consequences can be tragic. The best way to avoid such an unjust result and ensure the proper outcome when faced with criminal accusations is to immediately seek counsel from the best criminal defense attorneys available. A skilled and knowledgeable San Diego criminal defense lawyer knows their way around the criminal justice system and can navigate through the complex procedures to ensure the fairest possible conclusion.

False-accusation Cases Involve the Same Procedures as All Criminal Cases

Being falsely accused of a crime often does not alter the way the case is handled.  A defendant should never believe that because he or she is innocent and has nothing to hide, there is no need for legal representation. In fact, there is perhaps an even greater need for legal advocacy in the case of an individual who did not do what he or she is charged with doing. On the other hand, some falsely accused defendants will still negotiate a plea agreement with the prosecutor in order to avoid a trial and even the possibility of conviction and jail time. In certain cases, pleading guilty to a lesser offense may be the best option, even for innocent defendants, although this choice is always left to the accused himself or herself, and some defendants justifiably refuse to admit to doing anything they did not do. Experienced criminal defense attorneys are in the best position to explain the criminal justice system to their clients and to advise them on the best tactics in a particular case.

Wrongfully Accused Defendants May Have Recourse in the Civil Courts

If someone is falsely accused of a crime, pleads not guilty, and the charges are dismissed, he or she may be able to file suit against the person who brought the charges. In a malicious prosecution case, the wrongfully accused plaintiff can recover his or her actual injuries, which include attorneys’ fees to defend the underlying case in criminal court, the cost of any bail bond, lost wages, damages for embarrassment and humiliation, and damages for harm to his or her reputation. In some cases, punitive damages may also be awarded, above and beyond the actual damages suffered, in order to punish the person who raised the wrongful accusations and to discourage others from engaging in similar conduct.

A person falsely accused of committing a crime faces many of the same challenges as a guilty criminal defendant and has the same, if not an even greater, need for competent legal counsel. When your life is on the line, experience counts.

If falsely accused in San Diego County, call San Diego’s top Criminal Defense lawyer, William Daley at (619) 238-1905 for a free consultation. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

Some San Diego California Criminal Defense attorneys, as a tactic for bargaining down a potential prison sentence to a sentence of straight probation, ask that a client be sent out for a 1203.03 90-day diagnostic evaluation.

Some Judges like using that to scare a defendant and give him a taste of what it’s like in state prison, then bring the defendant back and put him or her on probation.

What happens during a 1203.03 evaluation is during the 90 days the defendant is interviewed by a psychologist or psychiatrist and the prison personnel. They write a report to the judge giving him or her their opinion about the defendant and what an appropriate punishment would be. Depending on the crime committed, the defendant’s background and attitude, the recommendation can be anything from a state prison commitment to straight probation.

After the 90-day diagnostic is completed (which many times takes less than 90 days), the defendant is sent back to the judge for sentencing where the judge reads the report, gets input from the attorney and prosecutor, then makes a decision as to what the defendant’s punishment is going to be.

Though the outcome is up to the judge, a good San Diego Criminal defense lawyer can usually get a judge to agree that after the evaluation, if there aren’t any problems that come up, the client will be released on straight probation. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

The California crime of forgery takes place when you knowingly do any of the following, intending to commit a fraud:

• Sign someone else’s name,
• Fake a seal or someone else’s handwriting,
• Change or falsify any legal document (like a will or a deed), or
• Fake, alter, or present as genuine a false document pertaining to money, finances, or property (like a check or a promissory note).

California Penal Code 470 may be charged as a misdemeanor or felony, depending on the circumstances of the crime and your criminal history.

Potential penalties for a misdemeanor California forgery conviction include:

1. Up to 1 year in county jail,
2. A fine of up to one thousand dollars,
3. Informal (also known as summary) probation, and/or
4. Payment of restitution to any victims.

If you are charged with felony forgery, the penalties may include:

1. 16 months, 2 years or 3 years in prison,
2. A fine of up to ten thousand dollars,
3. Informal or formal probation, and/or
4. Payment of restitution to any victims.

If you or someone you know has been charged with forgery, call the Law Office of William Daley at (619) 238-1905 for a free consultation. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

Cyberstalking is a violation categorized under the California stalking laws.

As defined in Penal Code 646.9, cyberstalking is defined as:

“Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking…”

For the purposes of the term “credible threat”, the code also states that a credible threat can be described as:

“a verbal or written threat, including that performed through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety or the safety of his or her family, and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family. It is not necessary to prove that the defendant had the intent to actually carry out the threat. The present incarceration of a person making the threat shall not be a bar to prosecution under this section” (Penal Code 646.9)

The following may be considered cyberstalking:

• unwanted threatening or harassing emails
• unwanted and/or disturbing pages, instant messages, text or “sext” messages (explicit photos or messages from cell phone to cell phone)
• posing as another person in a chat room and writing things on behalf of that individual that are intended to anger other chat room participants
• posting embarrassing or humiliating information about the alleged victim
• posting personal information (including a phone number, address, workplace, etc.) about another person encouraging others to harass that person
• logging into on-line accounts to empty a person’s bank account or ruin a person’s credit

If you or someone you know has been charged with cyberstalking, you need an aggressive attorney to find the defense that is right for you. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 for a FREE 30 minute consultation. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

Under California law, you act in lawful self-defense if you:

1. reasonably believe that you are in imminent danger of being killed, seriously injured, or unlawfully touched,
2. believe that immediate force is necessary to prevent that danger, and
3. use no more force than necessary to defend against that danger.

If these requirements are met, self-defense can serve as a complete defense to a California violent crime if you are forced to kill or injure another.

The general rule under California self-defense law is that you are only allowed to use enough force to combat the force being used against you.

You must prove that another was about to kill, seriously injure, or unlawfully touch you. A threat of future harm (regardless of how significant the harm may be) will not suffice, as the danger must be immediate.

In addition, prior threats are not sufficient for this defense if they are not coupled with an overt act demonstrating an immediate intention of executing the threat. However, if you have previously been threatened by your attacker, you are entitled to act more quickly and with more force than someone who has not been threatened. Deadly force, however, may only be justified if you are about to suffer great bodily injury or death and if there is no other alternative.

Even if you are the aggressor in the fight, you may plead self-defense if:

1. you make a good faith effort to stop fighting and clearly indicate that you are trying to do so (but the other party doesn’t stop fighting), or
2. the other party counters your initial non deadly attack with deadly force.

If you have been charged with a violent crime, an experienced attorney can prove that you acted in self-defense and have your charges reduced or dismissed. Call the Law Office of William Daley at (619) 238-1905 for a free consultation. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

In order to be convicted of HS 11357 California’s “personal possession of marijuana” law, the prosecutor must prove that:

1. you possessed marijuana,
2. you knew that you possessed marijuana,
3. you knew it was a drug, and
4. you possessed enough marijuana that it could be used as a drug.

What are the penalties?

As of January 1, 2011, possessing less than one ounce or 28.5 grams of marijuana (other than concentrated cannabis) is an infraction, punishable by a maximum fine of $100.

However, if you are over 18 and possess less than one ounce of marijuana (other than concentrated cannabis) on school grounds while the school is open for classes or school-related activities, you face a misdemeanor punishable by up to ten days in a county jail and a maximum $500 fine.

And if you are under 18 and are convicted under these same circumstances, you face a maximum fine of $250 for a first offense. A second offense is punishable by up to $500 and a maximum ten-day commitment to a juvenile detention facility.

If you are convicted of possessing more than one ounce of marijuana (other than concentrated cannabis) you face a maximum of six months in the county jail and a maximum fine of $500.

Possessing any amount of concentrated cannabis (any amount that is still consistent with a personal possession charge and not a sales charge) is an offense that the prosecutor may file as either a misdemeanor or a felony, depending on

1. the specific facts of your case, and
2. your criminal history.

A conviction for this offense as a misdemeanor subjects you to a maximum $500 fine and up to one year in a county jail. A conviction for this offense as a felony subjects you to 16 months, or two or three years in the California state prison.

Additional penalties?

If you are under 21 but over 13 and are convicted of any of the offenses outlined above, your driver’s license or privilege to obtain a driver’s license will be suspended for one year. This penalty will be imposed for each conviction under this law or any other drug-related law.

If, however, you are not convicted of any further drug or alcohol-related offenses within a 12-month period following your initial conviction, the court has the discretion to override the suspension.

What about medical marijuana?

Health and Safety Code 11362.5 California’s Compassionate Use Act authorizes the use of medical marijuana. If you possess marijuana because you have personal medical needs or are the primary caregiver of a patient with a medical need and possess the drugs exclusively for that patient, and a doctor recommended or approved marijuana to help treat the condition, you are not guilty of a crime.

However, in order for a medical marijuana defense to apply, you must only possess an amount of marijuana that is reasonably related to the patient’s medical needs.

If you have been charged with possession of marijuana, you need an experienced attorney to fight to have this charged reduced or dismissed. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

California Penal Code 215 PC states in part that:

“Carjacking is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear.”

In order to convict you of carjacking, the prosecutor must prove:

1. a person had possession of a car,
2. you took that car from his/her immediate presence (or from the passenger’s immediate presence),
3. against his/her will by force or fear, and
4. with the intent to deprive that person of that car either permanently or temporarily.

Carjacking is a felony, punishable by probation and up to one year of county jail, or three, five or nine years in the California state prison and a maximum $10,000 fine.

Note that you face this punishment for EACH victim that is present in the car at the time of the carjacking.

In addition to these penalties, there are a variety of sentencing enhancements that are applicable to carjacking such as if you:

1. injure a victim,
2. use a gun,
3. commit the offense for the benefit of a gang , or
4. kidnap an individual during the carjacking.

Also, carjacking is a strike under California’s three strikes law, which means that you must serve at least 85% of your sentence before you will be eligible for parole.

California takes offenses involving carjacking very seriously and you need an aggressive California criminal defense attorney who knows how to defend a person from these charges. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

A wet-reckless is a charge that is only offered as a plea bargained settlement in place of a DUI (under Vehicle Code 23103 per 23103.5 VC).

In a California wet-reckless charge, the word “wet” implies that you were involved in an alcohol or drug related offense.

A DUI charge is most likely to be reduced to a wet reckless when:

1. your blood alcohol concentration (BAC) is close to 0.08%, or
2. there are some other weaknesses in the “People’s” case against you, so
3. the prosecutor would rather see you convicted of an offense than risk losing at trial.

What are the Advantages to a Wet Reckless?

• No mandatory sentencing enhancements for repeat offenders
• Shorter county jail sentence
• Shorter probation period
• Lesser fines
• No mandatory license suspension
• Shorter DUI school

To reduce a DUI charge to a wet-reckless, you must hire a skilled and experienced San Diego DUI attorney to bargain this charge down. Call our office today to speak with William Daley, an aggressive San Diego DUI lawyer and San Diego criminal defense attorney with over 30 years of experience defending his clients and fighting their DUI charges. Call our office today at (619) 238-1905 for a free consultation.