DRIVING WITHOUT A LICENSE CAN CARRY STIFF PENALTIES

We live in car-crazy Southern California and most of us take our driving privileges and the mobility they provide for granted. There are few of us who don’t get behind the wheel several times a day to drive to and from work. Leisure hours are spent driving to visit friends, to go to the beach, to our favorite restaurant, to go to the movies … well; this list could go on and on. The vast majority of us have a legitimate right to drive around, having passed the driver’s test and kept a clean driving record. Unfortunately, there are other motorists out there who are either driving without a license or are still driving even though their license has been suspended. For them, getting caught can have some severe consequences.

CALIFORNIA PENAL CODE 12500: “A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver’s license issued under this code, except those persons who are expressly exempted under this code.”
There are a variety of ways that you can be charged with this crime, among them that you never got a driver’s license, failed to renew an old license after it expired, moved from elsewhere to California but did not get a California license within the required time or are ineligible to get a driver’s license, such as being an illegal immigrant.

Here are some of the penalties you will face if you are caught driving without a license (keep in mind that out-of-state driver’s licenses are permitted):

• A jail sentence
• A criminal record
• Conviction of a misdemeanor
• Loss of your vehicle
• Loss of employment if you are banned from driving
• Having an interlock ignition device installed in your vehicle
• Being placed on probation, which imposes strict rules on future behavior
• Being ordered to perform community service or volunteer work
• Fines that could be as much as $2,500
• Being ordered to complete certain driver’s education classes

As you can see, there can be long-lasting and painful penalties to pay for violating this law. You should know that the severity of the punishment can vary, depending upon how prosecutors decide to charge you in such cases. Driving without a driver’s license in this state can be charged as either a misdemeanor or an infraction. Such cases are frequently called “wobblers.” If you are charged and convicted of a misdemeanor you will have a criminal record and could face a county jail term. With an infraction, you would not.

There are several ways that an experienced attorney, such as those on the legal team at San Diego Defense Lawyers, can aggressively protect your legal rights in driving-without-a-license cases. Such cases can be resolved with dismissed or reduced charges if the circumstances warrant. Legal filings by your attorney can provide you time to obtain a legitimate drivers’ license. Your attorney also will be aware of diversion program in lieu of convictions that may apply in your case.
One of the advantages of hiring a lawyer such as those at San Diego Defense Lawyer is that they have a complete familiarity with laws affecting driver’s licenses and motor vehicles and on a daily basis work out negotiations on behalf of their clients with prosecutors and judges in every courthouse in San Diego County.

A loss of driving privileges can have a devastating effect on the lives of individuals who otherwise would have to resort to public transportation systems that may not be adequate for their needs or have to depend upon spouses, friends or relatives to take them on work commutes or social trips. The best way to ensure your driving rights, of course, is to obtain a driver’s license by studying for the written and driving tests and then successfully completed.

However, in the event that you failed to obtain a license or failed to renew an old one and are currently driving on the streets and highways of Southern California you are taking a severe risk that could have serious consequences that would negatively affect your employment, mobility and lifestyle. Keep in mind that if you find yourself in this situation, in most occasions the sooner you contact an attorney such as those at San Diego Defense Lawyers, the more effective the legal representation you will receive and the more legal options that will be available to you.

It is highly recommended that if you have been charged with driving without a license that you not compound the problems facing you by ignoring the charges. Your citation will have a scheduled court date which you must comply with or arrange for a rescheduling, if there is an unavoidable conflict. If you do not show up for that date or retain the services of a lawyer to handle your case before and appear or reschedule the case for you a judge will issue a bench warrant for your arrest. This could lead to additional charges and also make it more difficult to resolve the original charge against you in your favor.

It is also not unusual for defense lawyers to successfully negotiate driving without a license cases from misdemeanors down to infractions and avoid the posting of a crime on your record.

NEW SUPREME COURT DECISION ON PLEA BARGAINS

The U.S. Supreme Court has recently handed down a decision that affects an overwhelming number of defendants in criminal cases. The high court’s ruling affects individuals in crimes ranging from driving under the influence to murder and involves the responsibilities of lawyers to inform defendants of the possibility that prosecutors might offer a plea bargain in their case and to explain all the consequences of either accepting or turning one down.

The reality of our criminal justice system is that the overwhelming number of criminal cases are resolved in plea bargains, rather than in cases going to trial and being decided by a jury. Television and movies love to focus on the drama of a trial and the “gotcha” moments of the truth suddenly being revealed before enthralled jurors. However, over 90 percent of all such cases end in plea bargains in which both prosecutors and the defendant agree on a resolution of the case.

In many cases, the resolution can be a guilty plea to a less serious charge, one that carries lighter penalties in terms of fines, probation or time spent behind bars at a jail or prison. There are a number of reasons for plea bargains and here are some that occur most frequently.

• Judges encourage plea bargains because otherwise the court system would be impossibly clogged with trials for which there are not enough judges, courtrooms or jurors.

• Prosecutors frequently “overcharge” the allegations against a defendant, frequently because they do not have all of the evidence at the time that a complaint is filed.

• The evidence in the case may present problems for both the prosecution and the defense that neither side feels comfortable about in going to trial.

• The defense lawyer may have come up with new evidence that shows prosecutors that they have filed charges more serious than merited.

• The defense lawyer may find that evidence in the case was mishandled, which can weaken the prosecution’s case.

• The defense lawyer may provide extenuating circumstances, for instance in a domestic violence case in which a wife’s long-standing history of abuse might explain why she acted in a criminal manner.
Getting back to the Supreme Court decision, the justices ruled based on two cases before them which both involved plea bargains. In one case the defendant wasn’t informed of the plea bargain. In the other, the defendant was misinformed by his lawyer. Here’s the analysis as presented in the Los Angeles Times:

Galin E. Frye was charged by the state of Missouri with driving with a revoked license, a felony because he had several previous convictions. The district attorney offered Frye's lawyer two possible plea deals, one of which would have required him to serve only 90 days in prison. The lawyer, however, didn't inform Frye of the offers, which expired after six weeks. Ultimately Frye pleaded guilty and received a three-year sentence. In the second case, Anthony Cooper shot a woman in her buttock and thighs, causing serious injuries. Prosecutors offered Cooper's lawyers a plea deal in which he would have served a minimum sentence of 51 to 85 months. Cooper turned down the offer because his attorney inaccurately told him that he couldn't be convicted of intent to murder because his victim was shot below the waist. Cooper went to trial, was convicted and was sentenced to 185 to 360 months.
Writing for the majority in both cases, Justice Anthony M. Kennedy abandoned the abstraction that often defines Supreme Court opinions and confronted the hard fact that "criminal justice today is for the most part a system of pleas, not a system of trials." (Were it otherwise, the courts would be clotted with cases.) Given that reality, Kennedy announced two rules: First, a defense counsel must "communicate formal offers from the prosecution to accept a plea on terms and conditions that may be favorable to the accused." Second, if a plea bargain has been offered, "a defendant has the right to effective assistance of counsel in considering whether to accept it." If a lawyer fails in either duty, a defendant can challenge his conviction or sentence in court.

Here, at San Diego Defense Lawyers, our team of attorneys is well-versed in plea bargains, having spent years arranging such resolutions with the District Attorney’s Office, U.S. Attorney’s Office and with the city attorneys’ offices of jurisdictions across San Diego County.

Ensuring that a defendant is aware of any plea bargain that might have been offered by prosecutors and completely explaining all of the details and ramifications of those offers have been among the legal responsibilities that we uphold to the fullest.

Defendants in criminal cases frequently find themselves in difficult situations in which they will eventually have to make decisions which will have long-reaching effects on them and their loved ones. It is one of the cornerstones of our practice to provide our clients all of the information they will need about their case to make informed decisions about what is involved in a plea bargain and whether a plea bargain is best for them.

First Offense DUI

What is the Fair Debt Collection Practices Act?

Beware of Credit Repair Scams

If you are in debt, you’ve probably noticed the many advertisements on TV and the internet for credit counseling and credit repair companies. Many people wonder if they should try these types of services before deciding to file bankruptcy.

Home Saving Options

 So what is new on the housing market front?

                I came across the below mentioned article from a popular real estate publication. On the upside, the homeowner, short term, they get to stay in their home. The caution would be down the road, long term, when the homeowner has paid down the mortgage to create an equity blanket, but now will have to share that equity with the mortgage company.

                In my view, there could very well be a tax consequence that may occur for the forgiveness of debt. As a precautionary measure, get all the facts and have the loan modification agreement reviewed by a tax professional and our bankruptcy attorney at Steigerwalt Law Firm . 

Program Helps Troubled Borrowers Reduce Mortgage if They Share Upside with Investors

                Ocwen Financial Corporation is giving distressed home owners who owe more than their houses are worth an interesting option — the company will reduce your outstanding mortgage, but if your home increases in value by the time you sell or refinance it, you have to share that profit with your lender.

                In Ocwen’s Shared Appreciation Modification program, the principal of your loan is written down to 95% of the current market value of your home. The written-down portion is forgiven in one-third increments over the next three years, so long as you stay current on the modified mortgage. When you later sell or refinance your home, you have to share 25% of the appreciation with the investors that own the loan. You keep the other 75% of the gain.

                “Like all modifications, SAMs help home owners avoid foreclosure,” said Ocwen CEO Ronald Faris. “But they also restore equity. That’s a significant benefit to the customer and, we believe, the economy and housing market.”

                Ocwen data show an underwater home owner is one-and-a-half to two times more likely to default on his mortgage than one with at least some positive equity in his house.

                Ocwen launched the SAM program on a pilot basis in August, 2010. “The results of our initial pilot were extremely positive — 79% borrower acceptance rate with only 2.63% re-defaults,” Faris said.

                Ocwen has since ramped up the program and now has regulatory clearance to make it available to qualified customers in 33 states. “We think this program can make a real impact on curing the negative equity problem and are working hard to obtain approvals for SAMs in all jurisdictions,” Faris said.

Ocwen currently services $74 billion in residential mortgages.

Benefits of the Powerful Chapter 13 Bankruptcy

Have you ever wondered who benefits from filing a Chapter 13 Bankruptcy? A Chapter 13 Bankruptcy benefits individual and married consumers by addressing and resolving a number of the issues life throws their way. Throughout this blog, I will present three of the major benefits a Chapter 13 Bankruptcy has to offer.

The most obvious issue addressed in a Chapter 13 Bankruptcy is unsecured creditors. Throughout the duration of their payment plan, a Chapter 13 client is required to repay a portion of their unsecured debt. This portion can range from 0% to 100% of the client’s total liability and lasts for three to five years. The percentage of pay back and duration of plan are specific to each individual case, however, are generally determined using household size and gross annual income. While the benefits of a low percentage plan are obvious, you may wonder why a consumer would choose to file their case if a high percentage plan is proposed. Even if a consumer is required to repay 100% of their unsecured debts, they are able to do so at a 0% interest rate without the accrual of late fees and/or additional charges. The balances of all accounts are frozen upon filing and cannot increase. In addition, consumers are protected from summons, lawsuits, wage garnishments, levies, collection notices and, not to mention, harassing phone calls associated with creditors during the duration of their plan. Once a Chapter 13 plan is complete, the remaining balances on all unsecured accounts are discharged.

Many consumers also file for Chapter 13 Bankruptcy in an effort to address mortgage arrears. With the state of the economy today, many individuals have fallen behind on mortgage payments and found themselves drawing nearer to default or foreclosure. A Chapter 13 Bankruptcy can cure these arrears by putting the amount required to become current through the plan. Mortgage arrears must be paid in full during the first 36 months of the plan, and it is the client’s responsibility to remain current on both first and second mortgages moving forward. The same rule applies for back property taxes and back hoa dues. For those consumers who have fallen too far behind and are emotionally ready to part with their properties, a Chapter 13 Bankruptcy can surrender their mortgages in full and final. In other words, the consumer will not be held liable for any second or third mortgages post filing all while postponing the date of their Trustee Sale and allowing additional time to make a home elsewhere.

Lastly, a Chapter 13 Bankruptcy can benefit consumers with outstanding IRS or Franchise Tax liability. All liability will be paid in full at a 0% interest rate throughout the duration of the Chapter 13 plan. Upon filing, all garnishments, levies, installment payments, and notices with accruing interest and late fees will cease, and the balances owed will be addressed through the Bankruptcy. Moving forward post filing, it is the consumer’s responsibility to refrain from incurring future tax debt.

In conclusion, addressing unsecured debts, mortgage arrears, and tax liability are just three of the many benefits of the powerful Chapter 13 Bankruptcy. The San Diego bankruptcy attorneys at Steigerwalt Law Firm have extensive experience representing individuals through bankruptcy proceedings. We are committed to helping everyday people who have insurmountable credit card bills, medical bills, and other types of debt. Contact the bankruptcy attorneys at Steigerwalt Law Firm today for expert legal representation. Find out why we are one of the largest filers of consumer bankruptcy in San Diego.

Stay tuned for additional benefits and insight into a complex yet gainful Bankruptcy Chapter.