Law Office of Ashley Daniel

Criminal Defense

Ashley Daniel, Esq., is a California criminal defense attorney at the Law Office of Ashley Daniel who is dedicated to helping individuals who are accused of committing crimes.Whether you have been charged with a misdemeanor, a DUI, drug crime, theft crime, assault, or a serious felony, our criminal defense lawyers will work on devising a solid defense strategy and strive to help you achieve the best possible outcome. As a former prosecutor, Mr. Daniel knows how district attorneys and law enforcement officials build their cases and the tactics they employ. We utilize this valuable knowledge to help fight the charges against you.

We know that any type of criminal charge – be it a felony or misdemeanor – can come with serious consequences. You may be looking at time in county jail or state prison. You may be facing hefty fines. You may even be in danger of losing your driver’s license, your professional licenses or your job. The stakes in criminal cases are always high and the repercussions may follow you, potentially, for the rest of your life.

A Strong and Proactive Approach

If you are facing a criminal charge in California, or even when you find out that you are under investigation for a specific crime, it is important to retain the services of an experienced criminal defense attorney right away. We believe there is absolutely no time to waste, whether you are facing an investigation, have just been arrested or are facing formal charges.

We are strongly committed to taking an aggressive and proactive approach to resolve your situation, in some instances even before law enforcement officials file formal charges against you. When we begin to work right away, we can identify witnesses and collect evidence that work in your favor and jumpstart the effort to help you fight off the charges and clear your name.  Our firm is ready to fight for you.  We continue to serve Orange County, Los Angles, San Diego, Riverside, San Bernardino, and San Francisco County to name a few.

We understand that even news of an investigation against you, the report of an arrest or charges filed against you can leave a cloud hanging over your reputation, and standing in society. The news media cover arrests and charges, often splashing them on the front page despite the fact that the individual has not been found guilty. The Law Office of Ashley Daniel is extremely sensitive to all these issues and will work diligently so we can defeat the charges against you.

An Independent Investigation

Criminal cases are investigated by law enforcement officials, which may include local city police, county sheriff’s deputies, state police or federal agents. District attorneys also have their own investigators to look into criminal cases, gather evidence and locate witnesses. However, it is very important to remember that many of these individuals are not really engaged in an objective pursuit of the truth. Their goal, typically, is to build a strong case against you.

This is why you need a defense attorney who has the resources and personnel to independently investigate your case and to gather evidence and witness statements that are favorable to you. Our law firm identifies and locates witnesses, re-interviews witnesses when necessary, scouts locations for additional evidence, obtains surveillance tapes that may offer crucial information about the case, performs background checks on key prosecution witnesses and works to obtain other critical evidence that may assist your case.

In criminal cases, the prosecution has the burden of proof. This means that the defendant is innocent until proven guilty. The prosecutor must present witnesses and evidence to prove the charges. When we conduct a thorough and independent investigation, we maximize the chances of exposing the inadequacies in the prosecution’s case.

What to Do If You Are Facing Criminal Charges

If you are facing any type of criminal charge in California, it is absolutely vital that you take certain steps in order to protect your rights and prevent jeopardizing your case:

Exercise your right to remain silent. The Fifth Amendment of the U.S. Constitution gives you the right to not make statements that are incriminating. If you are facing a barrage of questions, the best way to avoid incriminating yourself is to remain silent. If you have been arrested, politely insist that you will not answer any questions without your lawyer present. By doing so, you are exercising your Fifth Amendment rights. Do not speak with law enforcement officials even if they appear cordial act like they want to help you. Anything you say can and often will be used against you.

Avoid talking to others about your case. Remember that the conversations you have with your family and friends may be potentially used against you. Under California law, only your spouse can refuse to testify against you. The best course of action is to not talk to anyone about your case until it is resolved. Do not post any details about your case or discuss it online or on social media. Please remember that social media posts are often used in criminal cases as evidence. This includes any photos or videos you may post as well. Our advice is to suspend all social media activity until your case is resolved.

Make detailed notes. Write down the facts of the case soon after the incident so it is all still fresh in your mind. Write down a thorough account regarding all the events that led up to your arrest as soon as possible. Include details such as date, time, location, who you were with and what you were doing. Provide this information to your lawyer.

Retain an experienced criminal defense lawyer. This is the most important step when it comes to defending yourself and fighting the charges against you. The sooner you retain the services of a defense attorney, the better your chances of being able to solidify your defense strategy. The prosecutor may try to rush a plea deal through. But often, that is not in your best interests. Before you make that critical decision to plead guilty, consult with our experienced California criminal defense attorneys to discuss your options and the best course of action to take.

Experienced California Criminal Defense Attorneys

The Law Firm of Ashley Daniel handles a wide variety of criminal cases ranging from infractions to low-level misdemeanors all the way to serious felony matters. Some of the many types of cases we can help you with include:

• Theft Crimes
• Drug Possession
• Assault and Battery
• Domestic Violence
• DUI & reckless driving
• White Collar Crimes and Corporate representation
• Probation Violation
• Sex Offenses
• Restraining Orders
• Violent Crimes
• Expungement
• Sealing Your Arrest Records
• Three-strikes Law
• Federal Crimes
• Felonies
• Criminal Immigration Defense

We will fight for your rights every step of the way. Please call our office to schedule your no-cost consultation and case evaluation.  Call (949) 264-2114.

Orange County DUI Attorney Fighting In Your Corner

If convicted of a DUI charge in California, you can face some very serious consequences in the criminal setting and have your license revoked or suspended by the DMV.

DUI charges are governed by Penal Code sections 23152 (standard DUI offense) and 23153 (DUI with injuries).

In order for you to be convicted of a DUI in California, the prosecutor must prove the following the following beyond a reasonable doubt:

1. That you were driving a vehicle; and
2. That while you were driving a vehicle you were under the influence of alcohol and/or drugs.

The Stakes in Any DUI Case Are High

If you have been arrested on suspicion of driving under the influence of alcohol and/or drugs in Orange County, you probably have a number of questions. Will you go to jail? Will you lose your driving privilege? How will you get to and from work? Would you have to pay a lot of money in court costs and fines? While these are all valid questions, the answers could vary from case to case.

Drunk driving may be charged as a misdemeanor or felony crime. The type of charges you face will often depend on the nature and circumstances of the incident, whether any property damage or injuries occurred and if someone other than the drunk driver died in the incident. Drunk drivers may even face manslaughter or murder charges in fatal DUI cases. DUI charges are extremely serious and could have lifelong consequences for the individual facing them.

Since the stakes in any DUI case are high, it would be in your best interest to seek the guidance and counsel of an experienced Orange County defense attorney who will fight the charges and help you achieve the best possible outcome in your case.

What Are the Penalties in a DUI Case?

 A DUI conviction could result in a number of potential penalties including but not limited to suspension of driving privilege, jail time, and fines. Some of the other penalties and consequences may not be apparent right away. But, a DUI could eventually cost you thousands of dollars. You might be looking at fines, possible fees for an ignition interlock device, alcohol education classes, increased insurance rates, etc.

A DUI conviction could also have an adverse impact on your job, especially if you drive for a living. If you are a commercial driver who is arrested on suspicion of driving under the influence, you may be looking at losing your job and possibly, your livelihood. The consequences of a DUI arrest get more serious if you have prior drunk driving convictions.

A first DUI conviction in California is typically charged as a misdemeanor, even though there are exceptions. A first DUI could result in up to $1,000 in fines, jail time, a six-month license suspension in addition to a fourth-month administrative suspension imposed by the Department of Motor Vehicles if you had a blood alcohol concentration of 0.08 percent or higher.

If you refused BAC testing, you could be looking at a one-year administrative suspension. First-time DUI offenders also usually get a three-year term of informal probation. As conditions to fulfill your probation successfully, the court might order you to complete up to 30 hours of classes. The number of hours could be higher if your BAC was 0.20 percent or more at the time of arrest. Also, as of January 1, 2019, first-time DUI offenders are required to install and maintain ignition interlock devices in their vehicles.

A second DUI conviction could result in up to $1,000 in fines, jail time, house arrest, a two-year driver’s license suspension and 12-month DMV administrative suspension, probation, DUI school and installation of an ignition interlock device for up to three years. A third DUI could result in up to $1,000 in fines, jail time, license suspension for three years, up to five years of informal probation, 30 months of DUI school and installation of an ignition interlock device.

The nature and extent of the DUI charges are likely to change if your accident involved injuries to others. These cases may be charged as misdemeanors or felonies. If you are charged with the felony, you could be looking at up to four years in prison. If your DUI incident causes the death of another person, you may face vehicular manslaughter charges.  In such cases, defendants might be looking at 15 years to life in state prison.

Defending DUI Charges

There are a number of potential defenses to fight DUI charges and avoid the serious consequences that come with a conviction. The applicability of a defense in your DUI case will depend on the circumstances of your case, your prior criminal record and a number of other factors. Here are some common DUI defenses that could prove successful:

Illegal stop: A law enforcement officer should at least have a reasonable suspicion that a crime has been committed or that criminal activity is afoot. Before police stop a driver on suspicion of DUI, they tend to look for signs of intoxication such as weaving between lanes or even speeding. In some cases, officers may start a DUI investigation after stopping a driver for some other infraction such as an expired tag or broken tail lights and for example, smelling alcohol in his or her breath. However, officers don’t have the right to stop drivers without reasonable suspicion. If it is determined that the officer made an illegal traffic stop, your case could be dismissed.

Faulty Breathalyzer test:Breathalyzers are often used in the field by law enforcement officials to determine whether a driver is intoxicated. It is possible to challenge the accuracy of the machine that is used particularly if it’s been malfunctioning or hasn’t been calibrated recently. You can also challenge the results of a Breathalyzer test if the officer who administered your test was ill-qualified to do so or failed to administer the test properly.

Faulty field sobriety tests: These are a set of tests that are meant to determine a person’s impairment. However, there are a number of basic issues with these field sobriety tests that lead us to question their accuracy and efficacy when it comes to determining impairment. A standardized field sobriety test typically includes the horizontal gaze nystagmus test that measures an individual’s involuntary eye movements. The walk-and-turn test requires the person to walk heel to toe and turn around and walk back in the opposite direction. The one-leg stand test requires the person to keep one leg off the ground and maintain balance. However, many individuals may not be able to perform one or more of these tests successfully even if they are sober due to a number of reasons ranging from fatigue, sickness, body type, use of medications, uncomfortable clothing, uneven ground, etc.

Evidence contamination: If blood samples are determined to have been handled improperly, contaminated or mixed up, that is a valid defense to fight your DUI charge.

Contact an Experienced Lawyer

If you or a loved one has been charged with driving under the influence, please contact an experienced Orange County DUI defense attorney at the Law Office of Ashley Daniel to find out how we can help you fight your DUI charges and avoid serious consequences that could potentially follow you for the rest of your life. Call us to schedule a free, no-obligation consultation and case evaluation.

California Drug Crimes Lawyer

At the Law Office of Ashley Daniel, our California drug crime defense lawyer represents individuals facing different types of drug charges. Any drug charge – ranging from drug possession for personal use to large-scale manufacturing, transportation or trafficking – may result in serious, potentially life-changing consequences for defendants. Drug crime convictions can result in incarceration, hefty fines and enrollment in a drug treatment program.

If you have been charged with a drug-related crime, regardless of whether it’s a misdemeanor or a felony, you should immediately seek the counsel of an experienced California drug crime defense attorney who will work for your best interests, fight to protect your rights and defend the charges against you.

Drug Charges in California

Here are some of the kinds of drug crimes that defendants are often charged with in California:

Possession of drug paraphernalia: Drug paraphernalia refers to any type of equipment that is used to prepare, inject, measure, weigh, inhale or hide illicit drugs. Examples of drug paraphernalia include bongs, pipes, rolling papers, syringes, weighing scales, etc. While it is illegal for anyone to sell, import or export any type of drug paraphernalia, many items such as measuring spoons or scales are often used for normal, everyday activities such as cooking. Also, items such as bongs are used to smoke legal substances such as tobacco. Further, marijuana for recreational use is now legal in California. So, if you face these charges, you need a knowledgeable attorney on your side.

Possession of drugs: It is a crime under both federal and state drug laws to possess any illegal, controlled substances such as methamphetamine, cocaine or heroin, etc. A person in possession of narcotics or controlled substances may be charged with what is known as “simple possession” or possession with “intent to distribute.” When someone has a small quantity of drugs, often for personal use, he or she may be charged with simple possession. However, a larger amount of drugs may lead to a possession for distribution or sale charge.

Drug manufacturing and delivery: An individual may face drug-manufacturing charges if he or she is involved in producing or manufacturing an illicit drug. Delivering an illegal drug is also a crime under state and federal laws.

Drug trafficking: Federal law makes it illegal to sell, transport and import illegal drugs such as cocaine and heroin, etc. This type of crime is usually charged as a felony because it involves the transportation of a large amount of drugs. This is a crime punishable by a lengthy prison sentence.

Drug dealing: This generally refers to the act of selling illicit drugs on a smaller scale. Typically, it involves one person or “dealer” selling to an individual or smaller group of people. While the penalties here may be less severe than for drug trafficking charges, dealers might face additional charges if they are found to be selling drugs near schools or where children are present.

Penalties for Drug Crimes in California

Under California law, the consequences of a drug crime conviction can be significant, especially if you have been convicted of a felony. There is the potential for incarceration and hefty fines. In addition to that, you may lose your constitutional rights such as the right to vote when you are still imprisoned or on parole. You also lose your right to serve on a jury and the right to serve in the military.

If you are a veteran, you may also lose your benefits. You may not be able to run for public office. Even if your record has been expunged, you will be required to disclose your conviction should you decide to run for public office. Further, those convicted of a felony drug crime may be looking at losing their right to possess a firearm. You will also be required to submit your DNA information, which goes into a state database where it may be compared to samples taken from crime scene investigations in the future.

Jail time for drug crime convictions in California may range from a few months to life in prison. The nature of your charges and sentencing terms may depend on the circumstances of your arrest, whether you possessed or used a firearm, if you have a prior criminal record, and/or the amount of drugs that was confiscated as part of your case, etc. You are not immune from serious penalties even if you are charged with a misdemeanor or if it is your first-time drug offense. This is why it is critical that you contact an experienced drug crime defense lawyer to discuss your case right away.

Defenses in a California Drug Case

In a drug crime case, the burden of proof is on the prosecution, which means it is the duty of the prosecutor to show that you committed a crime. Here are some of the most effective defense strategies that we have employed in drug crime cases in California:

Unlawful search and seizure: The Fourth Amendment of the U.S. Constitution states that you have the right to due process, which includes lawful search and seizure before an arrest. When illegal drugs are found in plain view, it is legal for law enforcement officials to seize them and use them as evidence. But when officers search your home, vehicle or person without permission, then any evidence that is collected cannot be used in court. If your Fourth Amendment rights were violated, evidence obtained in this manner cannot be used in court and the charges must be dismissed.

Drug ownership: If you did not own the drugs obtained during the investigation, you cannot be charged with drug possession. For example, if police found drugs in your home or apartment, but if the drugs belonged to a visitor or a roommate, you should not face charges.

Entrapment: It is extremely common for law enforcement officials to set up drug busts and sting operations. If officers lure individuals into committing a crime, that amounts to entrapment. For instance, if someone pressures you into taking drugs or passing them on to a third party, that may be viewed as entrapment under the law and the charges against you must be dismissed.

Marijuana laws: Under California law, marijuana is legal whether it is used for medicinal or recreational purposes. The only exception is when you are using marijuana or possess the drug while on federal property such as in a national park.

Contacting a Knowledgeable Lawyer

If you have been accused of committing a drug crime in California, please contact the Law Office of Ashley Daniel to find out how our experienced drug crime defense lawyers can help you. We will strive to get your charges dismissed or reduced and explore other opportunities such as drug courts, which offer nonviolent drug offenders the opportunity to resolve their cases outside of the criminal justice system. Call us for a free and comprehensive initial consultation from a knowledgeable criminal defense lawyer.

California Theft Crimes Lawyer

In California, a theft related conviction can be particularly harmful with respect to gaining future employment, obtaining state licensing, as well other benefits. Although most theft convictions can eventually be expunged, they can still show up on background checks. Prospective employers tend to be extra cautious of applicants with theft records, often due to fear that such applicants are untruthful may steal from their employers.

Additionally, a vast majority California theft offenses are considered “crimes of moral turpitude,” which can lead to more adverse consequences when applying for state licenses or certifications. These convictions may additionally pose negative immigration consequences for those seeking visas, green cards, or naturalization to the United States.

Fight your Case and Protect your Freedom. Let the Law Office of Ashely Daniel help. Schedule a free consultation today by filling out our contact form.

Common California Theft Crimes

Below you will see some of the most common theft crimes that are often charged by prosecuting agencies throughout the state of California:

• Petty Theft/Larceny:  Under Penal Code §484 and §488, this is the stealing of property valued up to $950. Although the offense is a misdemeanor, a second offense can potentially be charged as a felony under Penal Code 666 (Petty Theft with a Prior).
• Grand Theft:  Under Penal Code §487, this is the stealing of property valued at more than  $950 (i.e. stolen property valued at $951). Depending on the circumstances, it can be charged as a misdemeanor or a felony.
• Grand Theft Auto:  the same rules as above apply to theft of a vehicle. However, unlike the video games of the same name, in real life grand theft auto can have some very serious consequences.
• Shoplifting – 459.5 PC: If an individual enters a commercial establishment while it is open to the public with the intent to steal something while inside constitutes the crime of shoplifting under Penal Code 459.5 PC.
• Robbery: An individual commits Robbery in California if he/she uses violence, force or threats to take property from someone’s immediate possession. It should be noted that this type of offense counts as a strike under California Three Strikes Laws.
• Carjacking: Pursuant to Penal Code §215, this is basically robbery of a vehicle. If one uses force or fear to take a vehicle from someone’s immediate possession, a California carjacking may be charged.
• Receiving Stolen  Property: If an individual purchases or receives property that he/she knows (or reasonably should know) is stolen, then the individual has violated Penal Code §496 – receiving stolen property.
• Burglary: Under Penal Code §459, entering  a structure with the intent to commit a felony or theft while inside constitutes burglary in California. This is not just limited to homes and it can apply to any sort of structure including garages, vehicles, sealed cargo container, or an aircraft. However, if the structure is a home or an “inhabited dwelling,” then you can be charged with residential burglary which counts as a “strike” pursuant to California Three Strikes Laws.

Possible Defenses for California Theft Crimes

When someone is accused of theft in California, there are several ways to challenge the allegations. These defenses are like legal arguments that can be used to protect a person accused of theft. Keep in mind that every situation is different, and only a knowledgeable attorney can determine if any of the below are plausible for your specific circumstances.

1. Lack of Intent: If the accused person didn’t mean to steal or take something permanently. For example, if they thought the item was theirs.
2. Consent: If the owner of the item said it was okay for the accused to take it, this can be a strong defense. But the consent must be freely given.
3. Claim of Right: If the accused believed they had a right to the property, that can be a defense. This might apply in situations involving shared property, or unclear ownership.
4. Mistaken Identity: If there’s evidence showing that the accused person wasn’t the one who did the theft, they might use a defense based on mistaken identity.
5. Duress: If the accused was forced to commit the theft because they were threatened or pressured, they can use the duress defense.
6. Property Belongs to the Accused: If the accused can prove that the property in question actually belongs to them, that’s a valid defense against theft charges.
7. Entrapment: If law enforcement officers or their agents encouraged the accused to commit the theft, they might have an entrapment defense.
8. Value of Property: In cases of grand theft, if the value of the property is very close to the legal limit, the defense might challenge the value.
9. Ownership Dispute: If there’s a genuine disagreement about who owns the property, the defense may argue that no theft occurred.
10. Statute of Limitations: Sometimes, theft charges aren’t brought within the legally allowed time, and that can be a defense.

Fighting a California Theft Charge

At the Law Office of Ashley Daniel, an experienced California theft crime attorney can potentially help you defeat the criminal theft charge and keep the matter off your record. The first step is to carefully analyze the alleged facts to see if the prosecution has enough evidence to prove that you are guilty beyond a reasonable doubt – a very high standard. If it turns out there is not enough evidence, then the case can be dismissed or you can win a not guilty verdict at trial.

Alternatively, if the facts are overwhelmingly in the prosecution’s favor, then other alternatives may be available in the form of reduced charges or dismissals.

In California, theft crimes are treated very harshly and the Law Office of Ashley Daniel can help you fight your case and protect your freedom. To Contact us and schedule a free consultation with an Orange County Criminal Defense Lawyer simply fill out the form on this page or call us. If you or a loved one has been arrested or charged with theft crime you need the best representation from an experienced attorney.