Don Gorman Law

What are the penalties for selling drugs in California?

California has very strict drug laws that hold high penalties. Prosecutors are not worried about drug dealers, and have no problem putting them behind bars. You do not want to be one of these people. If you’re smart, you’ll do your best to avoid jail time at all costs.

Yet, if you do find yourself in this situation for any reason, you want to hire the best criminal defense attorney out there. A good attorney will be able to help mitigate your sentence, and make sure you are not penalized more than necessary for your situation. This is a very serious crime, but if you are in this situation, consider hiring an attorney with experience in this area of the law.

The charge

drugchargesIn California, the charge for selling drugs is called possession with intent to sell. This crime is broken up into two elements, possession and intent to sell.

* Possession – The law describes these drug possession charges as being within your control. This can mean it is in your hand or in your pocket, but it extends to other situations as well. In your control could mean sitting next to you, in your car, or at home. Depending on your situation, your attorney can argue that you did not have possession, and it is the prosecutor’s job to prove that you did.

* Intent to sell – The prosecutor has to prove that when you had drugs on you, you had the intention to sell them. The easiest way is if an officer saw you selling it, or was undercover and you sold it to him or her. Yet, there are other indications. For example, the amount of drugs within your possession, the activities surrounding the situation such as people constantly coming and going from your place and only staying a short time, and paraphernalia including packaging materials, scales, weapons and anything else that shows a business being run. This is all evidence pointing to intent to sell, and it is your attorney’s job to dispute these incidents.

The defenses

attorney defendingHere are some defenses that can be brought in your favor if you are willing to hire a qualified criminal lawyer:

* Possession for personal use – Depending on the evidence, you can try to prove that the drugs in your possession were for personal use only, and you did not intend to sell them. Provided the evidence points this way, this can lead to a reduced charge.

* Entrapment – This is much more difficult. This occurs when the police push you into the crime without you having any personal say of your own. This does not mean tricking you, as long as you had a choice to say no, generally it is not entrapment. It can be argued though in your defense.

* Not in your possession – If you were visiting someone’s home or the drugs were not yours, and then your attorney can argue that to get your charges dropped or reduced.

The penalties

drug penaltiesThe penalty you will face if convicted of possession with the intent to sell will vary depending on the type of drug, the activities involved, your previous criminal record, and anything that is allowable by California state law.

– You may receive felony sentencing of three to five years.

– If you moved the drugs from one county to another, then your sentence can be increased to three to nine years.

– If you involve minors in any way, sentences can range from three to nine years.

– You may receive a sentencing enhancement if any sale activities occur within 1,000 feet of schools, school-related programs, or playgrounds during operational hours.

– Felony sale of marijuana over one ounce leads to two, three or four years’ imprisonment.

– Selling chemicals used as ingredients to manufacture PCP and methamphetamine or the drugs themselves can carry a sentence of sixteen months to six years.

– For all drug sale crimes, there are increase sentences if you have prior offenses.

The Three Strike Rule

2015-07-31-1438362465-1604460-No3strikesIn California, a drug felony is considered a strike under the Three Strike Rule. This rule states that if you commit three felonies considered in the rule, then it carries an automatic twenty four to life prison sentence. Are you willing to risk this? If not contact an attorney to see if your case can be mitigated down to a misdemeanor or if there is evidence showing you did not have the intent to sell.

Contact an attorney to represent you in these cases.

 

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Benefits of Hiring a Domestic Violence Defense Lawyer

Domestic-Violence-LawyerA domestic violence case can be influenced by several factors. Finding yourself charged with domestic violence can be very distressful, especially when you are an innocent and not actually at fault. In such a situation, you need the help of an experienced person who fully knows the legal procedures in your area to help get you out of the charges you’re facing.

Of course, you are allowed to fight your own domestic violence case, but such cases can be influenced by several factors that are extremely challenging for an outsider to navigate through the legal system and chances are that you may face charges that are too severe to take on alone.

So it is always suggested to hire a professional domestic violence lawyer who will handle all of the issues from paperwork, trials, pleading, and other legal procedures and provide you with all of the required emotional support.

Let’s focus on numerous benefits of hiring a domestic violence lawyer.

  1. These lawyers are experts when it comes to defending false cases of domestic violence

private attorneyEvery year, several cases are filed as domestic battery where the accused persons are completely innocent. Sometimes, people get involved in a household argument with other persons where those persons escalate the matter to local law enforcement. Those persons bring the charges against innocent people that they threatened them and incidents occurred about domestic violence.

Even cases about child abuse have been also filed where it has been seen that the spouse is actually battling for the child custody. Now in these false cases, an expert domestic violence defense lawyer can prove the false accusation charged against his or her client as he has studied and worked in this field for years and knows the loopholes and inconsistencies of the law system. Thus, he can bring the case in favor of the accused person.

  1. Private domestic violence lawyers know the laws better

In a battlefield, success is owned by that person who knows exactly how to fight the war. If you are stuck with false accusations of domestic violence, you have the right to defend your own case. But chances are there that you may find yourself in a very tricky position as you do not have adequate knowledge, like the prosecutors, juries and other important members of the court. On the contrary, if you hire a domestic violence lawyer who knows everything about the criminal law system, prosecution procedures and judges, you will have a bigger advantage.

  1. These lawyers save you against heavy penalty

During every domestic violence charge, the prosecutors harshly communicate with the alleged defendants. Even though you are innocent and have been accused falsely for the domestic violence charge against you, it won’t spare you from the possibility of receiving penalty. If you hire a good domestic violence lawyer, he or she can save you against the brutal prosecution process and severe penalties by proving that you are accused of false domestic violence charges. In case, you are found guilty, your lawyer will protect you from unfair sentencing.

  1. The domestic violence lawyers protect your rights in the proper way

Every state follows specific laws and regulations about domestic violence. When you are accused of a domestic violence case, whether you will be arrested or not, that depends on the laws. It is better not to indulge any kind of heated conversation with the arresting officer in the process of proving that you are innocent as this can keep you from getting your desired result. Rather you need to contact an experienced lawyer who knows better what to do in order to bring you out from the worse situation.

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The First Steps to Take After Being Charged with a Crime

Legal rights picture for Orange County defendantsIf you have been charged with a crime, you will want to seek legal advice from a defense attorney that handles criminal cases before you speak with law enforcement on record. Whether you have been charged with a misdemeanor or a felony, you need to enlist the aid of an attorney so that your legal rights are protected.

If you are charged with a misdemeanor, you may be allowed to post bail to be released from jail immediately but if you are charged with a felony, you will be held until you have an initial appearance in court. Your bond will be set at your initial hearing.

If you cannot afford an attorney, one can be appointed for you. Whether you obtain an attorney on your own or one is appointed for you, enlisting the help of a defense attorney is crucial to protecting your rights!

In misdemeanor cases, you will be asked to enter a plea of guilty, not guilty or no contest. In felony cases, a date is set for a preliminary hearing although many defendants opt to waive the preliminary hearing. If you are charged with a felony, your case may be presented to a grand jury and an indictment could be handed down if the grand jury finds that there is enough evidence against you.

If you are indicted, you will then appear before a judge at an arraignment.

For serious criminal offenses, especially in Orange County, California, you want to make sure to receive assistance from a skilled legal professional as soon as possible after your arrest. Contact the best criminal defense lawyer in Orange County that you can find and have them provide you a free consultation.

Most attorneys will advise their clients to enter a not guilty plea to felony or misdemeanor charges initially. This will give you and your attorney time to request discovery from the prosecutor in the case so that you can review all evidence against you in the case.

After an arraignment, a defendant’s attorney will meet with the prosecutor in the case at a status conference or review hearing. A plea bargain may be presented at that time by the prosecutor or defense attorney to initiate a possible plea agreement in the case or to facilitate the charges being dropped altogether.

If the charges are not dismissed, and you, the defendant in the case, agree to the terms of the plea agreement, a change of plea hearing will be scheduled and a judge will approve or deny the sentence. In most cases, the judge will approve the plea agreement. If you do not agree to the plea agreement presented to you, your defense attorney can negotiate again with the prosecutor in the case or you can exercise your right to have your case go to trial.

As the defendant, you can choose between a trial in which your guilt or innocence is determined by a jury of your peers or you can have your case heard before a judge who will hand down a guilty or not guilty verdict.

From the time you are charged with a crime until your case is resolved, a defense attorney is paramount to protecting your rights every step of the way! Enlist the help of an attorney so that he or she can help you navigate your way through the justice system!

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Beware: Some Defective Products Cause Death

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Like any consumer, you expect the products you purchase and bring into your home should be safe and defect free. However, badly build, poorly designed, and falsely advertised products are constantly being sold to unsuspecting buyers all over the country. When a defective product causes injury to you or to a loved one, you have a right to pursue legal reparations.

Common types of product defects include automotive defects, pharmaceutical defects, and defective toys.

Those who are injured by defective products may bring defective product cases under premises of products liability. The term ‘products liability’ is used to describe laws that provide for the compensation of those injured by dangerous or defective products. In some states, manufacturers are held liable for any defective products they sell that have caused injury.

This means that those who are injured need only prove that the product at issue was defective and that it was, in fact, the cause of the injury. Defective products can be faulty by the nature of how they were designed, the manner in which they were manufactured, or the way the products were marketed.

A defective product design is a fault in the way the item was engineered. A defect in manufacturing is a fault in the way the product was assembled. Defective marketing means the advertisement for the product was misleading and caused consumers to use the item in a manner for which it is not well suited or designed.

One of the most common defenses negligent parties in products liability cases will raise is that the injured party misused or altered the product and thereby brought the injury upon themselves.

Types of injuries incurred through the use of defective products can range widely, to include injuries to the back or neck, amputation, poisoning, internal organ injuries from defective drugs and death. Defective product cases tend to be complex, requiring a thorough investigation of the product, the alleged defect, and the responsible party. 

The injured party must do more than prove they were injured while using the defective product. They need to show that use of the defective product caused the injury. The injured party must then show that the product which injured them was used as the advertisement and packaged literature expressed it should be used.

That is, the injured party must make the strong and convincing argument to the effect that the product was used by the injured party in the way the manufacturer intended for their customers to use it, that this manufacturer recommended use combined with the defect present in the product together produced injury.

Should the party seeking to be made whole for injuries presents compelling evidence to these points, they stand a good chance of being awarded for damages.

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How to Find a Great Personal Injury Lawyer in Riverside, California

download (1)Nobody plans to get hurt in an accident. Things just seem to go wrong when least expected. However, once involved in an accident, there are things that a person can do to make the best of a bad situation. First and foremost, they should visit a medical professional to ensure their physical safety. Then, it is imperative that they contact a personal injury lawyer who can help them receive justice for what has been done to them.
Finding a great personal injury lawyer in Riverside, California, involves searching for one who is committed to winning compensatory and punitive damages, when possible, and prepared to go all the way to trial, if necessary.

Compensatory Damages

A great personal injury attorney will push for adequate compensatory damages. This award is what the judge or jury, known as the fact finder, gives the victim, the plaintiff, to compensate for the harm done. In general, this monetary award should meet the out-of-the-pocket expenses suffered as a direct result of the accident.
Medical costs are a primary example of compensatory damages. Accident victims usually have some physical injuries that require medical attention. For some families, a wrongful death attorney is needed to obtain compensation for funeral expenses. These bills are, of course, usually high, even with insurance. The best lawyer will gather the necessary reports to properly establish the direct link between the medical diagnoses and the negligence of the defendant, the one who caused the accident.

Punitive Damages

Along with compensatory damages, California courts can assess punitive damages. Again, this is a financial award. The difference is that unlike compensatory damages, in which the victim must prove having lost the amount requested, with punitive damages, the fact finder has virtually complete leeway in deciding the amount.
The objective of punitive damages is to punish the defendant for their negligence. This financial penalty is in lieu of a criminal punishment, since personal injuries are part of the civil law procedural system.

Litigation

Civil law cases are a long process. From the initial consultation, through discovery, to settlement offers and onto trial, the best personal injury lawyers are prepared for the battle at each step. It is necessary for an attorney to be experienced at handling all phases of civil litigation.
An opposing attorney will know if a personal injury lawyer does not posses the experience to get through a trial, for example. They will then refuse settlement offers knowing that they can probably drive the amount lower. A great Riverside lawyer must exude confidence in their ability to win at each stage.

Time to Find the Best Personal Injury Lawyer Possible

Armed with this information, the average Southern Californian harmed in an auto collision, slip-and-fall, medical malpractice case or any other personal injury situation can go out and find themselves a great attorney in Riverside.

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Advantages of Hiring an Orange County Criminal Defense Lawyer

advantages

There is an old saying that goes “He who represents himself has a fool for a client.” While it might sound harsh, understanding legal facts and the entire legal system is a must. Without this sort of experience and knowledge, any individual, no matter how intelligent, is going to struggle representing him or herself in a court of law.

This is especially the case in a criminal case. No matter how obvious the facts might be to an accused individual, a qualified, skilled lawyer on the prosecution can tear any case apart and make it look like the defendant is guilty. That is exactly why it is essential to take advantage of an Orange County criminal defense lawyer.

An Orange Country criminal defense lawyer can represent an individual in a court of law. They defend a client’s right and make sure they receive the best legal advice possible. No matter what the case is or what sort of charges are being brought up against the individual, the experience and knowledge of a defense attorney might be the difference between freedom and sitting in a jail cell for many years.

Nobody wants to sit in a jail cell and spend years of their life behind bars. An Orange County Criminal Defense lawyer is able to help.

Beyond just defending an individual in the court of law, the criminal defense lawyer is able to work with the prosecution as well in cutting a deal so the case never even makes it to trial. Often times, both sides would rather avoid taking a case to trial. In some instances, a trial is necessary, but in many cases, avoid a trial all together is the best outcome for both parties. It all just depends on the case, the situation itself and what the defense client wants to do.

The Orange County criminal defense lawyer is never going to do something the client doesn’t want to do. If the client doesn’t want to take a deal, make a deal or have any kind of back and forth with the prosecution there doesn’t need to be. This is simply one of the many advantages available when using a defense lawyer, but it is not the only one and it does not need to be used.

So, if a defense client would just rather go to trial and use the experience of the lawyer to handle a trial, that is always a possibility.

No matter what the case is or how clear and cut it might seem, someone who is being prosecuted by the state should never stand to represent themselves. This is where the best of the best Orange County criminal defense lawyer is able to stand up and do everything in their power to defend their client and protect their rights as a citizen of the United States and of Orange County. So, regardless of the potential crime, an Orange County criminal defense lawyer is able to offer the very best legal defense.

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What a Riverside Motorcycle Accident Lawyer Can Do For You

There is nothing like riding a motorcycle on a crisp fall day through country roads.  People love motorcycles because they represent a type of freedom in America that we are slowly losing.  Unfortunately, these wonderful machines are not without their downsides.  As a Riverside motorcycle accident lawyer, we see far too many cases involving these machines due to their higher than average rate of accidents associated with use.

Motorcycle Facts and Figures

According to the National Highway Traffic Safety Administration, the accident rates for motorcycles in the United States is 72.34 per 100,000 registered motorcycles.  That’s nearly six and a half times that of cars.  Furthermore, motorcycle accidents result in more fatalities and greater injuries than that of cars, due to their obviously limited protections.  According to the Hurt report, less than one quarter of motorcycle accidents are the result of the rider error.  In the majority of motorcycle accident cases (75%) the motorcycle is involved in a collision or event with a passenger vehicle or truck where that driver ignored the motorcycle’s right-of-way.  It is unfortunate that any vehicular accidents happen, but moreso when the chances for severe injury increase as they do with motorcycles.

motorcycle-accidentUnlike cars, in the event of an accident motorcyclists are more likely to sustain serious injury or death.  In fact, 80% of motorcycle accidents will results in death or injury, compared to cars at 20%. Given that the statistics also show that in most cases the cyclist is not even the driver at fault, the statistics are all the more grim and sad.  Even with helmets and padding motorcyclists simply do not have the protections necessary to prevent serious injury, which is why it is so important for state agencies to increase driver awareness of these vehicles.

Getting Help When You Need It

Motorcycle injuries, their treatment, and even their insurance claims are always complicated.  This is partially due to the higher rates of serious injuries and fatalities associated with them.  When and if someone does survive a motorcycle accident, they often require months of rehabilitation, and insurance companies are not always the best about supporting families during this period or providing maximum benefits entitled to the individual or their survivors.

There are many reasons for this, not least of which is that the entire business model for the insurance industry is based on not paying out claims and lowering overhead costs.  It is important to note that the insurance company is not a friend to anyone that’s not a shareholder.  They are a business.  If they can quickly dispatch a claim without fan-fair they will, rather than fight for the full legal rights of their holders.  This is why many people choose to work with personal injury attorneys or a someone who specializes as a motorcycle accident lawyer.

When someone has been involved in a motorcycle accident they will require a motorcycle-accidentsknowledgeable and proactive approach from a motorcycle accident lawyer in order to obtain the types of compensation that will provide for their family while they recuperate.  If you or someone that you love has been in a motorcycle accident or motorcycle collision as the result of the negligence of another person it is important that you seek the assistance of a Riverside motorcycle accident lawyer who not only understands the Riverside courts, but also the somewhat dubious insurance system.

Our team of motorcycle accident lawyers have worked with people and families just like yours to get their loved one the treatment that he or she deserves.  We work tirelessly on your behalf to make the process as quick and painless as possible.

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Two of the Most Common Types of Lawyers in Riverside

No matter where you live, life can throw a number of curve balls at you, leaving you in need of legal advice from a trusted legal expert. While there are countless different types of lawyers that you might need for a variety of different circumstances, there are two particular legal specialties that you are most likely to need help with if you live in Riverside: criminal defense and/or personal injury law. You may think you’ll never have a reason to break a law, or that you’re careful enough to avoid serious injury, but you never really know.

urlNot every lawyer is skilled in multiple areas, and if you happen to ask for specific legal advice from a Riverside lawyer with zero experience assisting people in your position, the advice you receive is not as likely to apply to your situation. It’s very important to know what kind of attorney you need, before it is too late. When you make your choice to contact a lawyer, think about what you need in terms of representation or advice.

Clarifying what you can expect from a criminal defense lawyer and a personal injury lawyer can help to make sure you find the Riverside lawyer that is going to help you with your situation. Here’s some more information about these two types of attorney, and what you can expect them to do on your behalf.

The Criminal Defense Lawyer

This type of lawyer is also known as a defense lawyer, and, as the name says, he or she has a specialization in defending companies or individuals who are charged with criminal activity.

personal-injury-lawyerYou have heard that when going to court, some people received a public defender – these are those lawyers that are employed in various jurisdictions by criminal courts to be appointed for representing those faced with criminal charges that cannot afford an attorney to represent them.

There are different situations when a person might need this kind of lawyer, and it’s important to know how to select a criminal defense attorney. For example, if you are facing a criminal investigation, an arrest, a sentence, a criminal charge, an appeal or some other post-trial issues, then you will surely need a criminal defense lawyer, as this is their area of expertise.

hand-cuffsSome legal professionals have subsidiary specialization, those who focus their entire practices on one particular kind of law, like drug defense or DUI defense. DWI or DUI is driving while intoxicated and driving under the influence and it refers to crimes in which a person is charged for driving a vehicle while he or she is impaired by some drug or alcohol, affecting their ability to overate their vehicle effectively.

DUI defense lawyers are one of the most popular of the criminal defense niche. Some might say that this is because, unlike many other types of serious crimes, driving while intoxicated is regularly committed by those with high paying jobs and distinguished social status. This makes it easier for the attorney to make a good living.

One Riverside DUI attorney was able to open multiple DUI law offices throughout Southern California focusing solely on DUI cases. In a struggling economy, it’s no wonder so many lawyers drift to the “dark side”.

All jokes aside, criminal defense law is not all fun and games.

Criminal defense lawyers are required to work a lot to properly represent their clients. From dealing with crimes that a person is charged with, helping the clients before the charges have been filed, helping with counseling and representation while dealing with investigators and police, and performing investigation as well as other similar tasks, this type of lawyer can easily work 60 to 80 hours per week.

The Personal Injury Lawyer

personal_injury_lawyerYou will need this type of lawyer if you need legal representation for the following situations – you claim you have been injured, psychologically or physically, and that the injury is the result of the wrongdoing or negligence of another person, government agency, company or any other entity.

Being a personal injury lawyer doesn’t mean you have to handle ALL types of personal injury law. You can focus on car accident cases exclusively. You can click here to view how one Riverside car accident attorney focused his practice on auto accidents exclusively.

These are lawyers with a wide area of training, and they have plenty of experience in tort law. This covers all the civil wrongs that cause someone to suffer a loss or harm. This results in a legal liability for those who commit the tortuous act, and they are called tortfeasors. If you need someone to cover the civil wrongs, the non-economic or balanceeconomic damages to your property, rights or reputation, then this is the type of lawyer that you need.

They are trained to cover any field of law, but personal injury lawyers generally handle the cases that are related to work injuries, other kinds of accidents, medical mistakes, defective products, slip and fall accidents and others alike.

When you decide to take your problem to a lawyer, keep in mind that you always need the right lawyer to take care of your case. Each has different skills and masters different areas of law, and it’s very important to know exactly what you need to obtain justice as the court allows.

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