If you feel anxious after you have been charged with a crime, such as DUI or a drug crime, you are not alone. It is important to not yield to despair but instead to seek out an experienced, skillful criminal defense attorney who can evaluate the facts of your situation and mount the strongest available defense to fight the charges. John W. Noonan has protected the rights of East Bay residents facing criminal charges for more than 45 years. He provides strong advocacy to clients in juvenile and state courts from offices in Dublin and Manteca. In each case, our firm works as a team to ensure that advice received by a client is tailored to his or her unique matter. Mr. Noonan communicates with each client personally.
Crimes can be charged as felonies or misdemeanors in California. Some crimes are known as wobblers, which means that they can be charged as either a misdemeanor or a felony, depending on the circumstances. What must be shown hinges on the particular charges that are brought. Each element of a crime must be proved beyond a reasonable doubt. If the prosecution cannot meet this burden, the judge or jury must acquit the defendant.
Drunk driving is taken seriously by California prosecutors. A first-offense DUI conviction can result in consequences such as jail time, misdemeanor probation, and the installation of an ignition interlock device. Subsequent DUI convictions may result in harsher penalties. There often are strong defenses that may be available in response to DUI charges, even when a chemical test suggests that a conviction is likely. A criminal attorney in the Pleasanton area can closely examine whether there was a reasonable suspicion to pull you over, whether the arrest had probable cause, and whether it is appropriate to bring a motion to suppress evidence, such as the results of a field sobriety test or chemical test.Drug Crimes
The California Health and Safety Code organizes controlled drugs into schedules of narcotics. There are five Schedules, listed as I through V. Schedule I narcotics have the highest potential for abuse and carry the harshest penalties. For example, heroin and opiates are Schedule I drugs under section 11054. The activity involved with a drug — whether it is possession, sales, or manufacturing — can determine how it is charged and the penalties that may be imposed. Manufacturing methamphetamine, for example, is a drug crime that is punishable by a maximum of seven years in state prison.Violent Crimes
Violent crime in California is rampant. If you are convicted, the penalties are very harsh. If you are charged with a violent crime, you should retain a Pleasanton criminal attorney with a proven track record of trying these cases. Violent crimes include murder, carjacking, terrorist threats, assault, arson, stalking, kidnapping, domestic violence, and robbery. Some defenses to consider may include self-defense, defense of others, or misidentification, or it may be more appropriate to raise a constitutional or procedural defense. A skillful attorney will weigh all of your options.Murder
In California, Penal Code section 187 provides that murder is the unjustified and unlawful killing of another human being with malice aforethought. Malice aforethought is the intention to illegally kill a person. It can be an express intention or an implied intention. These charges are very serious and carry harsh penalties if you are convicted. A Watson murder is a serious crime in which a driver has a prior DUI or other violations on their driving record, and then again drives drunk or violates a traffic law and kills someone. In this situation, a driver is presumed to know that they are unable to drive safely.Prostitution and Sex Crimes
Sex crimes are taken seriously in California. If you are convicted of a sex crime, you may face a lifelong requirement that you register as a sex offender. Prostitution is a common example of a sex crime. Penal Code section 647b prohibits prostitution and solicitation. It is a misdemeanor for anyone who is at least 18 to pay or exchange money or other consideration for a sex act, offer to engage in prostitution, or agree to engage in prostitution.Pornography and Cyber Crimes
Pornography and cyber crimes are prohibited by state and federal laws. In California, obscenity laws protect children from being exploited via child pornography. It is illegal to possess, product, distribute, transport, or sell pornographic materials showing minors who are under age 18. Different code sections prohibit different aspects of child pornography, and a Pleasanton criminal lawyer can advise you on the specific charge that you may be facing. For example, California Penal Code section 311.3 prohibits the sexual exploitation of a child. California Penal Code sections 311.1-311.2 prohibit knowingly possessing, sending, transporting, producing, or duplicating child pornography with the intent to distribute. The potential penalties and sentences for child pornography will depend on the charge levied against the defendant and the defendant's activities in connection with the pornography.Domestic Violence
Domestic violence occurs when a criminal act is committed within certain familial or intimate relationships. Intimate or family relationships in which criminal domestic violence may occur include spousal relationships, former spouses, cohabitants or former cohabitants, parents who share a child, and people who are dating. If the government charges you with domestic violence, it will need to decide which crime to charge. Factors that may influence this decision include how serious the domestic violence was and how much harm you did to the person with whom you have or had an intimate or family relationship. For example, Penal Code section 243(e)(1) criminalizes battery within specific intimate or familial relationships.Juvenile Crimes
If your child is under age 18 and gets charged with a crime, he or she will probably be tried in juvenile court, rather than adult court. Juvenile courts are meant to counsel, educate, and rehabilitate minors, whereas adult courts punish minors who are convicted. However, the stakes are still very high, and it is crucial to protect a child's future by retaining an experienced juvenile crime attorney. John W. Noonan is familiar with the distinctive procedures in juvenile court. If your child is at risk of being transferred to adult court to face charges, moreover, he can represent them in a fitness hearing.Consult an Experienced Criminal Defense Lawyer in the Pleasanton Area
Whether you have been charged with murder or a sex crime, it is important to retain a criminal defense attorney with the experience and skill to protect your rights. Mr. Noonan is a former district attorney who puts his insights to work for people accused of crimes. He represents defendants throughout the East Bay and the Tri-Valley area. Contact us at 925-463-3340 or via our online form. We can be reached 24 hours a day, seven days a week.
When you are facing criminal charges, you want a lawyer who understands your situation and will provide you with the vigorous defense you deserve. John W. Noonan has completely dedicated his practice of law to criminal defense. Having previously served as prosecutor and a pro tem-judge, he brings over 46 years of experience to your case.
Pleasanton Criminal Lawyer | San Joaquin County DUI Attorney | John W. Noonan