Robin Johnson

Serving Riverside, San Diego and San Bernardino Counties, CA

The Shark Lawyer

Robin Johnson

Attorney at law

Criminal Defense

shark

ELECTED ATTORNEY OF THE YEAR 2016

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By robinjohnso19628844, Jun 9 2017 03:16PM

There are times when a plea bargain can be a great solution for a criminal case, but a person shouldn’t assume that this option is always the best outcome. Instead of jumping to conclusions, the best solution is to talk to an experienced criminal defense attorney for personalized recommendations.

Why a Plea Bargain?

Why should a defendant consider a plea bargain? Most people want to be found innocent in the case, so they are hoping that their attorney can offer the right defense for this verdict.

If an attorney looks at the evidence and determines that it will be difficult to get a favorable verdict, then the attorney might make the suggestion to use a plea deal instead. Rather than building a case around the innocence of the defendant, the attorney will focus her efforts on negotiating for either a charge reduction or reduced penalties in exchange for a guilty plea.

Deciding on a Plea Bargain or Trial

Which solution will offer the best outcome: trial or plea bargain? The attorney can’t know the exact outcome of each case. But, previous experience in the courtroom will help him to know the lowest risk solution for each client.

The benefit of going to trial and winning is that the case is dismissed. But, if a loss is experienced in the courtroom, then the judge has a lot of discretion to determine the sentencing for the case. A loss means that the punishment will be based on the convicted charge.

There are many times when a plea bargain can offer a great solution to mitigate the penalties. This negotiated settlement will take place between the prosecutor and the attorney. The negotiation process allows the defendant to know the exact details of the punishment before pleading guilty.

Professional Advice from a Defense Attorney

The choice between a plea bargain or trial shouldn’t be made without consulting with an experienced criminal defense attorney. The lawyer will look at the circumstances of the case, and then make recommendations based on the strength of the evidence. Schedule a consultation with Robin Johnson to discuss the details of a case and choose the best defense plan.

By robinjohnso19628844, May 16 2017 01:54AM

When a person is facing criminal charges, is it likely that his past convictions will impact the current case? Most psychologists will say that the best predictor of human behavior is the behavior that has been exhibited in the past, but how does this impact the activities in the courtroom?

Building a Case in the Courtroom

In a court of law, both attorneys will work to use past behavior as a way to show the jury historical evidence about the defendant. So, a past conviction could be ammunition that the prosecuting attorney uses to prove the behavioral trend of the defendant.

At the same time, the defendant’s criminal defense attorney will work hard to devalue the arguments of the prosecution. Instead, the attorney will show the history that proves the positive character traits.

Most cases are settled with a plea bargain. However, if a case goes to trial, only past behavior and convictions of moral turpitude (lying) can be told to the jury, but only if the DA convinces the judge that the “probative value of the info outweighs the prejudicial effect.”

However, the law is designed to not allow past criminal behavior to be used as proof for a current case. It is up to the prosecutor to establish the evidence that applies to the current situation. For example, the prosecutor can not bring up the fact that the defendant has a previous DUI, as it doesn’t prove guilt in a separate DUI charge.

Every Case is Different

There are various laws on both a Federal and state level that govern the collection and use of evidence during a trial. Factors that impact this evidence include the circumstances of the case and the type of evidence. So, every case can be different, and the interpretation of these laws can be based on the judge’s opinion.

Before the trial starts, the prosecutors and police will be able to access the defendant’s criminal records. Even if convictions have been expunged, they still might be able to see those convictions. As a result, this information could impact the charges that are filed in the current case. If there is an extensive record, then it increases the likelihood that the prosecutor will file more serious charges.

Contact a Criminal Defense Attorney

The best way to know how past convictions will impact current charges is to talk to a criminal defense attorney. Legal advice can improve the outcome of the situation and minimize the impact of historical convictions. For more information, talk to Robin Johnson about the services that are available.

By robinjohnso19628844, May 8 2017 03:25PM

It goes without saying that driving under the influence is extremely dangerous to the driver and other people on the road, which is why the state of California has strict laws about blood alcohol content. If a person has been charged with a DUI, then the best thing that he can do is talk to an experienced criminal defense attorney.

DUI Defenses

Even if a person is guilty of driving under the influence, the attorney can use several defense strategies to ensure the best outcome in the case. These are some of the common defenses that might be used:

1. The defendant was mistaken to be the driver, but he was sitting in the passenger seat

2. It was an unlawful arrest

3. The arresting officer skipped the proper 15-minute observation period

4. Improper procedures were used when the DUI test was performed

5. The DUI test results were false or incorrect

6. Objective symptoms of DUI (red eyes, slurred speech, flushed skin, etc.) were due to an innocent situation such as a head cold or allergies

7. Another product, such as mouthwash or cough syrup, left traces of alcohol in the mouth

8. The arresting officer didn’t advise the defendant of his rights

9. Blood alcohol levels were still rising when the test was administered, which could mean that the BAC level was lower when the defendant was behind the wheel

10. Dietary choices, such as a high protein/low carb diet, affected the readings and produced falsely high results

11. Bad driving was caused by something else on the road or in the car, not alcohol or drugs

12. Acid reflux or another medical condition affected the interpretation of the test

These defenses might not apply to each case, but an experienced attorney can offer advice to build the best case for the situation. The attorney can evaluate medical conditions or any other factors that might be relevant to a strong defense. A criminal defense attorney can use this information to show the jury that things aren’t always what they seem, especially when it comes to a DUI.

If a person has been charged with a DUI, then it is essential that he contacts a criminal defense attorney right away. For more information about these services, talk to Robin Johnson.

By robinjohnso19628844, Apr 21 2017 04:50AM

Will a person be convicted of a violent crime if the act was committed in self-defense? If someone is injured because of the actions of another person, then it will be necessary to show that the crime was committed in self-defense.

California Self-Defense Laws

In the state of California, there are laws that protect you from being found guilty of a violent crime if it occurred to protect yourself. But, the conduct needs to be reasonable based on the circumstances of the situation.

Self-defense laws are applicable in all states, although the details of the laws can vary when you cross state lines. When it comes to legal grounds for self-defense, “reasonable under the circumstances” could be categorized in three situations:

1. The person believed that he was in imminent danger of being injured, unlawfully touched, or killed.

2. The person believed that force was needed to prevent these things from happening.

3. The response was reasonable to the threat.

When someone feels like he needs to use self-defense, then he is most likely acting in the moment without thinking about the implications of his actions. By hiring a good criminal defense attorney, it is possible to prove that the actions were justified by self-defense. These laws can be helpful when arguing many crimes, including assault, murder, battery, and more.

“Stand Your Ground” Laws

In California, there are laws that are commonly referred to as the “stand your ground” laws. These laws mean that there is no obligation for an individual to retreat if he is under attack. So, if danger is imminent, then the person can choose self-defense instead of trying to escape or run away.

Additional self-defense laws relate to the defense of property, defense of third parties, robbery, battery on a peace officer, rape, and burglary, to name a few. The best way to understand the laws in California is to talk to an experienced criminal defense attorney who can explain how the local laws apply to each situation.

Are you facing criminal charges for an act of self-defense? It is essential that you contact an experienced lawyer as soon as possible. Contact me for more information about these services.

By robinjohnso19628844, Apr 3 2017 11:05PM

Whether you are facing criminal charges or you need someone to help with a divorce, the most important decision that you can make is hiring the right attorney. This begins with finding the correct type of attorney and then finding the best qualified attorney within the area of practice.

The quality of your legal services could make-or-break your court case, affecting the long-term outlook for your life.

Finding the Correct Type of Attorney

Every attorney practices within a specific area of the law. For some it’s criminal law, for others it might be family law, civil litigation, real estate, wills, trusts, workers’ comp, or even disability law. Attorneys often refer cases to each other when they come across a situation that falls outside the scope of their practice, but rarely will a lawyer handle a case that is not within his specialty. So when facing a criminal matter, you need a criminal defense attorney.

The Best Chances for a Favorable Outcome

There are no guarantees that your attorney will be able to win the case, but you need to do everything that you can to pick someone who knows the best options to create a favorable outcome. Laws can be very complicated and often difficult to interpret. Being represented by someone with knowledge and experience dealing with your legal matter is critical.

It also pays to work with an attorney who is familiar with the courts in your area. When the attorney is already up to speed and knows the “players” such as clerks, judges, and prosecutors, it can mean a favorable difference for you.

The bottom line here is don’t be afraid to ask questions. Before hiring an attorney, ask her (or him) if she has handled similar cases, find out how long she has been in practice, and make sure she has experience in the area where you need representation.

General Qualifications for Your Attorney

It is also a good idea to find an attorney that meets general qualifications to ensure a positive experience. For example, your attorney should provide clear details about her fee structure, so that you can decide if you can afford the services. Also, the attorney needs to be licensed in the state where the trial will be held.

Another essential characteristic is to find someone who maintains open communication. You want to stay up-to-date about the progress of your case, so it can be frustrating if you never hear from your attorney. During the initial consultation, ask what you can expect for updates with information about your case.

Researching Your Attorney in Advance

Before you sign a retainer agreement, do a little online research to learn more about the attorney that you are considering hiring. You will be able to find details about her history and reputation, giving you an idea of what you can expect in the future. It can also be beneficial to talk to friends and family to see if they have recommendations or experience with the attorney.

If you have questions or need assistance, please feel free to contact me.

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