If you are charged with and convicted of petty theft then you could be spending as much as six months in jail and paying as much as $1,000 in fines. That said, if you have a prior conviction for a theft crime on your record, then you could be charged with an entirely different crime: Petty theft with a prior. Either way, you should contact a criminal defense attorney as soon as possible.

The facts about being charged with petty theft with a prior

This can be a complicated crime because it is only applicable if you have already been convicted of a crime in the past. If you have, then the jury will need to decide if that prior crime should result in you being convicted of petty theft with a prior. In order to prove that, the conviction must prove that both of the following are true:

1. You have at least one conviction for a theft crime on your record and you served time in jail or prison for that crime;
2. You have at least one conviction for a serious and / or violent California crime that resulted in jail or prison time.

For example, robbery, burglary, grand theft, and carjacking would all be applicable.

However, that is not enough on the surface. You must also have a conviction for at least one of these offenses:

• Theft and / or fraud of an elderly person re: California’s elder abuse laws;
• Sex crime that requires you to register as a sex offender;
• Serious or violent felony. This can include rape, murder, gross vehicular manslaughter, possession of a weapon of mass destruction, assault with a machine gun on a police officer, and certain sex crimes. These are just some of the crimes. Note that any felony that is potentially punishable by lie in prison or the death penalty counts as a serious or violent felony.

You could be facing years in prison

The good news about petty theft with a prior is that it is what’s known as a wobbler offense in California. This means that the prosecution can decide to charge it as either a misdemeanor or a felony – it all depends on the particular case and your particular criminal history. If you are convicted of misdemeanor petty theft then the maximum sentence is 364 days in county jail. A felony conviction can come with a much more significant penalty such as two or even three years in state prison.

You do not want to face these charges alone. You need an attorney who will take your case seriously. You need an attorney who will fight diligently for the best possible outcome for you. You need Law Offices of Torrence L. Howell. Reach our offices by calling 909-920-0908 now for your free legal consultation.

While you may have a specific vision apply when you think about charges of carjacking, the state of California defines it as the felonious taking of a vehicle from another person, against their will, and with the intent of depriving them of the vehicle, whether permanently or temporarily, and involving the use of either fear or force.

Anyone charged with a criminal offense should contact a criminal defense attorney as soon as possible but this is especially true with this particular burglary charge. Keep reading to learn the six things you should know and then contact Law Offices of Torrence L. Howell at 909-920-0908 for your legal consultation.

1. Carjacking is a felony

Other burglary charges are often wobbler offenses, which means they can be charged as felonies or misdemeanors. Carjacking is always a felony and can result in a prison sentence of three years, five years, or nine years.

2. Carjacking counts as a strike

California’s famous Three Strikes Law means that if a person is repeatedly convicted of certain felonies, their sentences will automatically increase. When they are convicted of a third felony they will face 25 years to life. Carjacking does count as a strike.

3. The punishment increase drastically if a gun is used

When a person uses a gun during the commission of any crime, they expect sentencing enhancements. In most cases, it will be one year if the weapon was a gun, three years if the weapon was an assault weapon, and three years if another type of deadly or dangerous weapon is used.

4. The prosecution must prove that force or fear were used

It is not enough to simply take a car to be guilty of carjacking. The prosecution must also prove that force or fear were used.

5. A person could be convicted of carjacking for taking a person’s keys

It does not actually matter if a perpetrator took the vehicle but rather if they used force or fear to try and get their vehicle. It could be that they simply got the car keys with the intent to take the vehicle and they would be considered guilty of carjacking.

6. It doesn’t matter where you took the car

Another felony applies if you actually drove off with the car but it is important to understand that the distance you went does not matter. It could be as simple as driving the car across the street – it is the act itself that matters, not how far it was moved.

If you have been charged with carjacking or a family member has, then you need an experienced criminal defense attorney. You have found one in Law Offices of Torrence L. Howell. Call our offices today at 909-920-0908 to find out what your options are. Whether we strike an aggressive plea deal or take the case to court, you can count on us to fight for the best possible outcome.

Many people assume that certain drug crimes are not worth fighting. This is never true. The reality is that even if you are charged with a misdemeanor, having this charge on your record could affect your ability to get a job, to find a home, to get a professional license, and any future crimes you may be charge with. No matter how minor or serious your drug charges are, read on to learn how Law Offices of Torrence L. Howell can help you fight them.

There are many types of drug charges

The most common drug charge is possession but it is not the only one. It can involve any number of drugs from obviously illegal drugs like cocaine, heroin, crack, meth, and ecstasy, to drugs that many people think are legal such as Vicodin and Codeine. The reality is that these prescription drugs are only legal if the person who has them has a valid license.

Other potential drug crimes including selling drugs, transportation drugs, transporting with the intent to sell, and manufacturing drugs. You can also be charged if you are found in possession of specific types of paraphernalia that is used for illegal drugs, such as a needle for heroin or pipe for crack. You may also get a DUI for driving under the influence of drugs.

Potential consequences of drug crimes convictions

Depending on the type of drug you are caught with, the circumstances of your arrest, your criminal history, and how much of the drug you had on you, the penalty could be as long as three years in prison. In many cases, first-time offenders are eligible to go through a drug diversion program instead. The worst penalties are doled out for those who are convicted of manufacturing drugs. In fact, in the worst-case scenario, this crime can come with as much as seven years in prison.

There are legal options for drug charges

The best strategy for your particular charges will vary based on the issues listed above. In some cases we may be able to have it handled via informal diversion, which means there will be nothing on your record. With more serious charges, we may work to have evidence thrown out by showing that the prosecution and / or police made mistakes in your case. We may also work to have the charges reduced in exchange for a guilty plea, though we will only do this if we believe strongly that it is the best option given the evidence against you.

If necessary, you can count on Law Offices of Torrence L. Howell to take your case to court. To find out more about the ways in which we can help you, please reach out at 909-920-0908. We offer a free legal consultation so that you can get a better idea of your options before we begin. Call today and let us help you out of this difficult situation.

A person who is facing criminal charges for the first time understandably has a lot of questions. The best way to get answers to your specific questions is to contact Law Offices of Torrence L. Howell at 909-920-0908 for a free legal consultation. In the meantime, you can read on to get answers to some of the most commonly asked questions we get.

What is an arraignment?

The word refers to the first time you appear in court after your arrest. At your arraignment you will get a lot of information that you need, including the charges you will be facing. It is also the first change you will have to plead guilty or not guilty. Your arraignment is also the time at which your bail will be set and you will be appointed a criminal defense lawyer if you do not already have one. We do recommend that you hire your criminal defense attorney before your arraignment, if possible.

At what point is an attorney appointed?

At the arraignment. If you hire your own attorney, then you will need to ensure they are at your arraignment. If you are planning to work with a Public Defender then you will meet one at the arraignment who will handle that appearance for you. However, they are not likely the one who will move forward and help you with the rest of your case. At the arraignment, you will get a few minutes with this Public Defender to talk about the charges before you decide how to plea to the judge.

What does the judge consider when deciding on bail?

The judge is going to decide on the amount of bail at the arraignment. They will take numerous factors into consideration. For example, a person who is charged with a guns and weapon charge is likely to have higher bail set than a person charged with shoplifting. Know as well that even if you made bail before arraignment, the judge can increase or decrease the bail amount at the arraignment – it all depends on whether or not the prosecutor has changed the charges against you.

Finally, it is important to know that when the judge sets bail, they are using what is known as a bail schedule. This schedule determines how much bail will be charged for different offenses. The judge can raise or lower it – the bail schedule is just a starting point – but it can give you an idea of likely bail amounts.

Work with an experienced criminal defense attorney for the help you need

The bottom line is that if you are charged with a crime, you need a criminal defense attorney. We highly recommend getting a criminal defense consultation before the arraignment. You can do so by calling Law Offices of Torrence L. Howell at 909-920-0908. We are here to help you through this time. Remember: You do not have to face it alone and there are always options.

California has some of the strictest gun laws in the country. There are laws about how you can buy guns, how you can sell guns, what guns and accessories you can own, and where you can take your guns. There are also laws about other weapons, such as knives and tasers. Violating these rules can lead to prison time, yet the laws are often confusing. If you’ve been charged with any gun crime then we recommend you contact Law Offices of Torrence L. Howell at 909-920-0908 to speak to an experienced criminal law attorney.

The potential consequences of a conviction for a gun or weapons charge

There are many gun and weapons charges and as a result, there are many levels of punishment. Some of the most commonly charged gun crimes include:

• Selling a gun without a license
• Illegally discharging a weapon from a vehicle
• Possessing an illegal firearm
• Illegally selling a firearm
• Concealed carry without a permit

The consequences for your actions will vary based on the nature of the crime you committed, what type of weapon you used, whether or not you have a criminal history, and the judge’s discretion. If you used a gun while committing another crime, such as committing a burglary, then you will qualify for the “use a gun and you’re done” law. This means that the judge can sentence you ten years for using a gun, twenty years if you fired it, and 25 – life if serious harm came as a result of your gun.

Potential legal defenses to gun and weapons charges

The fact that there are so many different gun and weapons charges means that there are also many potential defense options. The right way to defend your case will depend on what you’re charged with. For example, if you’re charged with illegally possessing a firearm then it could be as easy as showing that you actually did have a right to own the weapon.

The best defense may also involve arguing that the weapon didn’t belong to you and someone else put it in your possession without you knowing about. We could also work to have the weapon thrown out if the police didn’t follow the appropriate and legal requirements when they found it.

Finally, if there is a wealth of evidence against you then the best way forward may be to find the best possible plea deal. If this is true of your case, then you can count on us to negotiate aggressively on your behalf. We may be able to have a felony reduced to a misdemeanor, a charge reduced to an infraction, or the sentenced reduced.

Get legal help today

If you’re facing a weapons charge or have reason to believe that you may in the near future then we recommend you contact a criminal defense attorney right away. Reach out to Law Offices of Torrence L. Howell at 909-920-0908 and we can help you find the best defense options.