APPEALS
Any
conviction may be appealed. An appeal is essentially a challenge
to the legality of decisions made by the lower court. An appeal
is an effective mechanism for compelling the court to observe
all of a client’s rights, before and after conviction.
Whenever
a client is convicted of a crime, we scrutinize the record
to ascertain if the court acted contrary to the law. For example,
if the court lets the prosecution use evidence that was obtained
in violation of the client’s Fourth Amendment rights,
a violation of the constitution has occurred. On appeal, the
violation is challenged, and if successful, the matter is
either dismissed or remanded to the trial court.
Angel
& Sugar has extensive experience before state and federal
appellate courts. Benefit from our experience and understanding
of appellate law.
WRITS
OF HABEAS CORPUS
Angel
& Sugar has a positive track record in the complex and
little understood specialization. The writ of Habeas Corpus
may be used to gain a person’s liberty when one is wrongfully
imprisoned.
One
of its more common uses is to obtain the freedom of individuals
who have been improperly denied parole. All to often, the
board denies parole where it should be granted. That is where
the writ of Habeas Corpus comes in.
Also
known as “The Great Writ” Habeas Corpus is a fundamental
cornerstone of our judicial system.
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PROP
36/DIVERSION
If a client is charged with personal use drug charges, they
may be eligible for drug treatment pursuant to Proposition
36 or Deferred Entry of Judgment. Prop 36 Treatment is provided
by the state and upon successful completion the client will
have all charges dismissed as if they were never charged with
the crimes.
DEJ
is a guilty plea where the sentencing is deferred until the
completion of a twelve-week drug treatment prevention class.
If completed, and if the client stays out of trouble for eighteen
months, the charges are dismissed and no Judgment is ever
entered. DEJ is only available on the first personal use drug
arrest of any individual.
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RECORD
CLEARANCE
After
successful completion of your grant of probation you can ask
the court to grant you a record clearance or expungement.
This has the affect of sealing your criminal conviction from
the public view. However, it will still be available to any
governmental agency or to any governmental licensing agency.
Sometimes
if all the terms of your probation are successfully completed
a client may ask the court for an early termination of probation
and then a record clearance.
SEARCHES
AND SEIZURES
The
Forth Amendment of the Constitution forbids law enforcement
from undertaking unreasonable searches and seizures. Any evidence
obtained in violation of this key provision of the constitution
is inadmissible in a court of law. For instance, the police
must with few exceptions, have a warrant to search a person’s
room, apartment or house. Any searches without a warrant are
presumed to be “unreasonable”. It is then up to
the prosecution to prove the search was justified by some
exception to the warrant requirement.
The
rule that keeps such “tainted” evidence out of
court is known as the “exclusionary rule”. This
goes for any item of physical evidence, as well as any statements
made as a result of an unreasonable search or arrest. Angel
& Sugar aggressively litigates motions to prevent the
prosecution from using such tainted evidence against its clients.
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THREE
STRIKES
Under
the Three Strikes law, many felony’s are considered
“strike” offenses. An individual with a strike
prior who is charge with a second strike offense may be facing
a doubling of their sentence if convicted. A person with two
strike priors facing charges for a third strike may be facing
a sentence of 15, 20, or 25 years to life in prison. This
is the case even when the third strike is not a serious offense,
such as theft of property.
It
is the policy of Angel & Sugar to fight imposition of
Three Strikes whenever our clients are confronted with it.
All too often, Three Strikes results in sentences that are
disproportionate to the offense. The Eighth Amendment to the
Constitution forbids such a result as being “cruel and
unusual” punishment. Angel & Sugar aggressively
litigates any prosecution effort to charge strike priors which
would enhance the prison terms of its clients. This is done
through the Romero Motion, where we work to persuade the court
to dismiss the strike prior.
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TRIAL
A
sound and aggressive criminal defense stars with serious trial
preparation. Angel & Sugar prepares for every case as
if the matter is going to trial. By being prepared, out clients
are in a better position to obtain positive results without
the expense of trial. Angel & Sugar's tested court room
attorneys take the business of jury trials very seriously.
Don’t settle until you have spoken with our attorneys.
Trial may be the only way to vindicate your rights.
Angel
& Sugar has a demonstrated ability to create options where
none may seem available. This is because we take the time;
we look at the facts and listen to your concerns. Prior to
trial, we perform investigation and discovery to ensure that
the case we put before the jury is the best one possible.
Use our experience and expertise to level the playing field.
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