You Need A Former Prosecutor to Help you Fight for Your Freedom

At the Law Office of Ashley Daniel, we are dedicated to providing high-quality legal representation for those facing criminal charges. As a former Deputy District Attorney, Mr. Daniel handled hundreds of cases ranging from low-level misdemeanors all the way to serious felonies. His background as prosecutor and as a stellar criminal defense attorney has provided him with extensive knowledge and experience in understanding how the criminal justice system works, and more importantly how to help you aggressively defend your constitutional rights. Whether you have been charged with a misdemeanor, DUI, or felony, this former prosecutor knows how to fight for you in court.

Mr. Daniel works diligently to build legal strategies and defenses which are tailor-made to give clients the best defense they need to help get the best possible outcome.

Practice Areas

The Law Office of Ashely Daniel specializes in a number of different criminal defense practice areas. Some of the many areas of criminal law we serve include the following.

police arrest

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

criminal defense attorney

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.

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

Independent Criminal 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

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

defense lawyer

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

 

 

 

 

dui attorney orange county

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

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 DUI 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?

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

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.

 

 

drug crime

Drug Crimes

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

illegal-drugs

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

jail

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

defenses drug cases

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

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.

theft crimes

Theft Crimes – Fight your Case and Protect your Freedom

Theft Crimes in California

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.

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.

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. Contact us today for a free consultation if you or a loved one has been arrested or charged with theft crime.

Why We Are The Best Choice

Any lawyer can promise to help you through the criminal justice system. But what you need is a tenacious criminal defense attorney who possesses the knowledge, skills, and experience within the courtroom to help you fight your case and protect your rights. Mr. Daniel has extensive experience in the courtroom conducting jury trials, court trials, arguing motions, and with preliminary hearings. The courtroom is where most criminal cases are won. You need an attorney with substantial criminal trial and courtroom experience where your case is pending. Ashley Daniel has that experience in Southern California.

Get Representation from an Experienced Trial Lawyer You can Trust

If you’re facing criminal prosecution, your freedom is at stake. Time is of the essence and you need superb legal representation from a diligent defense attorney that you can trust. Contact Ashley Daniel now at (714) 973-2024

Orange County Criminal Defense Attorney

orange county law office of ashley danielOrange County criminal defense attorney, Ashley Daniel, handles a number of different types of criminal offenses. As a former prosecutor, Mr. Daniel has an intimate knowledge of legal matters ranging from infractions and misdemeanors to serious felony charges.

The Law Office of Ashley Daniel strongly believes that every individual has the right under the United States Constitution to be considered innocent until found guilty. Each and every one of us who has been charged with a crime deserves the right to a vigorous defense. There are few things in this world as frightening as facing arrest, prosecution, potential conviction and incarceration.

The consequences of a criminal conviction could follow you for the rest of your life. Individuals who are facing criminal charges in Orange County – be it a DUI, theft or sexual assault – are looking at repercussions ranging from jail or prison time to fines, loss of employment, loss of professional licenses and having a criminal conviction on their permanent records. Having a criminal conviction on your record could jeopardize your future opportunities for housing, employment, licensing and education.

If you have been charged with a crime or if you know you are under investigation by the authorities, it is crucial that you contact an experienced Orange County criminal defense attorney right away. Getting an experienced lawyer on your side as soon as possible will give you the best possible opportunity to clear your name, be vindicated and get your life back.

Why Do You Need a Criminal Defense Attorney?

Why Do You Need a Criminal Defense Attorney

Many individuals who have been charged with crimes in Orange County may hesitate to contact a criminal defense attorney due to concerns about what it might cost them. A number of people who believe they cannot afford to hire a criminal defense attorney tend to be represented by public defenders who are essentially lawyers appointed by courts to represent defendants who cannot afford to retain the services of a lawyer.

A public defender is a lawyer who works for the county public defender’s office, which is an agency funded by the government to provide legal representation to those in need. The court appoints the public defender’s office to represent a defendant who needs their services and the public defender’s office assigns lawyers to cases. Orange County also has a Federal Public Defender’s Office (Central District of California), which represents indigent clients charged with federal crimes.

While you don’t have to pay a public defender to represent you, there are still several advantages to hiring a private criminal defense lawyer in Orange County. This is because public defenders are often saddled with staggering caseloads, which gives them much less time to devote to your case.

There are severe limitations in terms of time and money available for these programs. These limitations may manifest in several ways including less time for attorney-client conferences, which means less planning. The public defender might not have the time and resources it takes to independently investigate a case including forensic testing.

At the Law Office of Ashley Daniel, we are able to devote our full attention to the cases we handle. We have the time and resources necessary to conduct a thorough, independent investigation and assemble witnesses and experts who can help solidify your defense.

Types of Cases We Handle

Types of Cases We Handle

Here are some of the types of cases our Orange County criminal defense attorneys handle:

DUI cases: It is illegal under California law to operate a motor vehicle under the influence of alcohol and/or drugs. If you are convicted of a DUI, you may be looking at consequences such as jail time, loss of driver’s license, fines, alcohol/drug education programs and installation of an ignition interlock device in your vehicle. Our attorneys can help you fight the DUI charge and assist you with achieving the best possible outcome in your case.

Drug crimes: Drug crime charges in Orange County, whether you are facing a drug possession charge or selling or transporting drugs, can result in serious consequences for defendants. Drug crime convictions have the potential to result in jail or prison time, hefty fines and enrollment in a drug treatment program. An experienced Orange County drug crime defense attorney can employ a number of defenses to help acquit you of these serious charges or reduce the severity of the charges.

Assault/Battery: You could face assault and/or battery charges in Orange County even if you don’t physically strike or injure another person. Often, the threat of an assault is sufficient for a defendant to be charged. Assault and battery charges could be charged as a misdemeanor or a felony depending on the nature and circumstances of the incidents and the injuries sustained by the victim.

Murder: A homicide or murder charge is probably the most serious charge an individual can face. A murder case often ends up in a jury trial, which can be complex. As with any criminal case, the burden of proof in a murder case rests on the prosecution. This means it is up to the prosecutor to prove your guilt. Defendants in murder cases who are convicted could be looking at the death penalty or life in prison with or without the possibility of parole.

Theft: California law defines theft as the intentional and unlawful taking of property. For a theft to have occurred, the owner of the property must have been permanently deprived of the property by the offender. For example, if the defendant borrowed the property with the intention of returning it, that is not theft under the law. The severity of theft charges often depends on the nature and circumstances of the incident and possibly, the defendant’s criminal history. Our criminal defense attorneys represent defendants against petty theft and grand theft charges.

Domestic violence: Under California law, it is a crime to harm or threaten to harm a spouse, cohabitant, intimate partner or other members of the household such as children. Common criminal charges in domestic violence cases include domestic battery and inflicting corporal injury on an intimate partner. However, there are several cases where individuals may be wrongfully charged with domestic violence. The consequences of these charges could be severe including jail time, probation and loss of child custody. We can help you fight these charges and vindicate yourself.

Sex crimes: These types of crimes can also range in severity depending on the degree of violence involved and the age of the victim, among other things. Some examples of sex crime cases we take on include rape, sexual assault, sexual battery, child sex abuse, indecent exposure and possession of child pornography. In addition to other types of repercussions, sex crime defendants, if convicted, may also face having to register as a sex offender.

White-collar crimes: White-collar crimes could range from bribery, burglary, credit card fraud and embezzlement to healthcare fraud, identify theft, forgery, Internet fraud and mail fraud. The crucial key to success in defending white-collar crimes is to get a knowledgeable lawyer on your side early on in the process. If you know you are being investigated, call a lawyer who could potentially prevent the charges from being filed.

Parole violations: Parole is essentially a conditional release from prison before your term has been completed. When you are on parole, you are still under sentencing, but serve your time outside of confinement. However, any violation of the terms or conditions of parole can result in you returning to jail or prison. Our defense lawyers can help fight for your rights and keep you out of jail.

Contacting an Experienced Criminal Defense Attorney

Contacting an Experienced Criminal Defense Attorney

If you have been arrested on suspicion of committing a crime or if you are under investigation, the experienced Orange County criminal defense attorneys at the Law Office of Ashley Daniel can help fight for your rights and formulate a strong defense. We understand the repercussions of a criminal conviction. Call us for a no-cost consultation and case evaluation.

If you are in need of representation for a DUI charge, domestic violence, theft, assault and battery, burglary, drug crimes, deadly weapon charges, a hit and run arrest, or any other criminal matter, contact the Law Office of Ashley Daniel.

 

Orange County Office

Law Office of Ashley Daniel
949 S Coast Drive, Suite 250
Costa Mesa, CA 92626
(949) 264-2114

Los Angeles

Los Angeles Criminal Defense AttorneyIf you’re in need of a Los Angeles criminal defense lawyer, why not hire a former prosecutor who can help you with your case? Mr. Daniel has helped people with a number of different criminal offenses. The former prosecutor has an intimate knowledge of legal matters, which allows him to help those in need of a knowledgeable, experienced, and reputable criminal attorney.

If you have been accused of a crime or have been arrested on suspicion of a crime in Los Angeles, you are probably concerned about the consequences you are likely to face if convicted. Your concerns are absolutely justified. A conviction can have devastating, lifelong consequences including jail or prison time, harsh fines and a potentially permanent mark on your criminal record.

A Conviction Can Have Devastating, Lifelong Consequences – Let Us Help

A Conviction Can Have Devastating, Lifelong Consequences - Let Us Help

At the Law Office of Ashley Daniel, our Los Angeles criminal defense attorneys have a track record of success defending clients against a variety of criminal charges. Our attorneys are knowledgeable, understand how local courts work and can help you construct a defense strategy that can help protect your future from potential repercussions.  

Why Do You Need a Criminal Defense Attorney?

Why Do You Need a Criminal Defense Attorney

If you have been arrested on suspicion of a crime, you may be wondering if you actually need to retain the services of an experienced Los Angeles criminal defense attorney or take a court-appointed public defender. It is important to understand that the stakes in any type criminal defense can be quite high. This is especially true if you are facing a felony charge, if you have violated your probation or parole, or if you are a repeat offender.

Even misdemeanor convictions can have a lasting impact on your life. While public defenders are appointed by the courts for those who cannot afford to hire a defense lawyer, it is important to remember that these lawyers are overloaded with cases and often cannot provide the time and attention your case needs and deserves.

Here are a few other reasons why you should consider hiring an experienced Los Angeles criminal defense attorney to represent you:

You want to clear your name. A criminal conviction or sometimes, even being accused of a crime, can leave your reputation tainted. A knowledgeable criminal defense attorney will be able to handle your case as discreetly as possible and help you clear your name with minimum penalties.

You want to expedite the process. Even what appears to be the most minor criminal cases can take up a lot of your time in the form of visits to the courthouse, filing paperwork and so on. A criminal defense attorney can take a lot of this work off your hands and keep the process moving so it will be resolved as quickly and as painlessly as possible.

You don’t want to lose your job. If you are facing a serious criminal accusation, you may either be fired from your job or put on administrative leave (paid or unpaid), depending on the circumstances. If a lawyer can reduce the level of your offense or get the case thrown out, you are more likely to keep your job and return to work soon, restoring a sense of normalcy in your life.

You want to minimize penalties. You may be facing potential consequences including jail time and fines. A skilled criminal defense lawyer can typically negotiate with the prosecutor for less or no jail time. Your attorney will also be able to negotiate a lower fine, which could make a huge difference if you are facing hefty monetary penalties.

You need help understanding the charges. Often times, the criminal justice system can be challenging and confusing to understand. Your criminal defense lawyer will be able to explain the case and charges against you so you will be able to understand the type of effort that is required. Your lawyer will also keep track of the different steps in the process, and help you understand what your rights and options are at every step.

You want someone to communicate with other parties. Our criminal defense attorneys almost always advise clients not to discuss their case with anyone including members of the media, friends, co-workers and even family members. This is because anything you say during this critical time can and will be used against you. Your defense attorney can help communicate with other parties involved in your case including the prosecution and law enforcement officials. In other words, your lawyer will do the talking for you.

You want to build a strong defense. A criminal defense attorney will be able to talk with witnesses, conduct independent investigations if necessary and build the evidence that is needed to bolster your case.

Types of Cases We Handle

Types of Cases We Handle

Here are some of the types of cases our Los Angeles criminal defense attorneys handle:

  • Driving under the influence (DUI)
  • Drug crimes (Possession/Manufacturing/Sale/Transportation)
  • Assault and battery
  • Murder
  • Theft
  • Burglary
  • Domestic violence
  • Sex crimes
  • White-collar crimes (bribery, fraud, embezzlement, identity theft, forgery, etc.)
  • Parole violations

What Steps Should You Take?

What Steps Should You Take

If you have been arrested on suspicion of committing a crime, it is important that you resist the urge to speak to the authorities or reveal any details or specifics about your case. Never admit fault and don’t try to talk your way out of the situation. The best thing you can do at this point is to remain calm, be polite to police officers and ask to speak with a criminal defense attorney. By doing so, you are simply exercising your constitutional rights.

Do not make any statements, even casually, to anyone. That includes family members and friends. Discuss your case only with your defense attorney because whatever you tell your lawyer is protected. Stay away from social media until your case is resolved. Do not post anything, on social media or anywhere online. If prosecutors or law enforcement want to see what’s on your Facebook or Twitter, they will find a way to get to it. Online posts, including photos and videos, can be used against you in court.

When should you contact an experienced Los Angeles criminal defense attorney?

When should you contact an experienced Los Angeles criminal defense attorney

You should get in touch with an attorney right away. The sooner you talk to your attorney, he or she can take the necessary steps to get the process moving. Your chances of building a successful defense strategy are significantly increased.

If you or a loved one is facing criminal charges, the experienced Los Angeles criminal defense attorneys at the Law Office of Ashley Daniel can help you better understand your rights and options. Call us today for a free, comprehensive and confidential consultation.

Riverside

riverside criminal defense attorneyAs a criminal defense attorney in Riverside, Ashley Daniel, Esq. has helped people with a number of different criminal offenses and DUI cases. The former deputy district attorney has an intimate knowledge of legal matters, which allows him to help those in need of a knowledgeable, experienced, and reputable criminal attorney.

If you have just been accused of committing a crime, the experienced Riverside criminal defense attorneys at the Law Office of Ashley Daniel understand that you are going through a difficult time. While one may hope that the facts and evidence in a case should be enough to get justice, it is also important to have an experienced criminal defense lawyer on your side who will help protect your rights every step of the way and make sure your voice is heard.

The Consequences of a Criminal Conviction Can Be Dire

The Consequences of a Criminal Conviction Can Be Dire

The consequences of a criminal conviction in Riverside County can be dire and could follow you for the rest of your life. Whether you are facing a misdemeanor or felony charge, or if your case is in the investigation stage, it is crucial that you reach out to a knowledgeable criminal defense lawyer who can start working on building a solid defense and help you achieve a positive outcome.

Charged with a Crime? What Next?

Charged with a Crime? What Next

If you have been charged with a crime such as drunk driving, drug possession or sexual assault, you probably have a number of questions. The most important question you are probably asking yourself is whether you will face jail or prison time. At this time, the most important steps you can take are the ones that could potentially enhance your chances of achieving a more favorable outcome in your case.

Here are some of the steps you should take in the aftermath of your arrest or soon after you have been charged with a crime:

  • Remember that you have the right to remain silent. Resist the temptation to speak to the authorities or disclose any details of specifics. Don’t try to offer excuses or explanations. Trying to talk your way out could end up proving detrimental to your case. The best step you can take in such stressful situations is to remain calm, provide basic information to the police, be polite to the authorities and ask to speak to a criminal defense attorney.
  • It is a fact that anything you say in such situations can and will be used against you. Stay away from discussing the details of your case with anyone including your close friends and family members. Discuss your case only with your criminal defense attorney. Anything you tell your attorney is protected by the attorney-client privilege under the law.
  • Stay away from social media until your case is resolved. Do not post anything, not to mention details about your case, on social media or anywhere online. When it comes to online sites, privacy is a myth. If prosecutors or law enforcement want to see what’s on your Facebook or Twitter, they will find a way to get to it. Online posts, including photos and videos, can be used against you in court.
  • Keep a careful record of any evidence that might help your case such as contact information for individuals who might serve as your alibi or those who can serve as character witnesses.
  • Do not give recorded statements without your attorney’s guidance and counsel. Be honest and cooperative with your lawyer. Clear communication and cooperation between you and your attorney will help create the foundation for a successful defense and positive case outcome.
  • The best time to contact a Riverside criminal defense lawyer is – right away. Schedule an initial consultation immediately. At the Law Office of Ashley Daniel, we offer free consultations.

Types of Cases We Handle

Types of Cases We Handle

At the Law Office of Ashley Daniel, our Riverside criminal defense attorneys are adept at defending criminal charges – be it misdemeanors or felonies. In a criminal case, it is important to remember that the burden of proof is on the prosecution. This essentially means that it is the prosecution’s job to prove that you committed the crime.

The law says that you are innocent until proven guilty. Sadly, that’s not how the media and community view individuals who are charged with crimes. A number of high-profile cases, particularly homicide and sexual assault cases, are tried in community forums and often, in the media. Our attorneys will help protect your rights throughout the process.

Here are some of the types of cases our firm handles:

Driving under the influence (DUI):A DUI conviction has serious consequences in Riverside County ranging from losing your driver’s license to jail time, fines and court fees. In addition to direct consequences, you may also face other repercussions such as job loss and auto insurance rate hikes.

Drug crimes: Drug crime charges in Riverside County, whether you are facing a drug possession charge or selling or transporting drugs, can result in dire consequences. Depending on the severity and seriousness of the circumstances, drug crime convictions could result in lengthy incarceration, hefty crimes and enrollment in a drug treatment program.

White-collar crimes: These could be charged as state or federal crimes. Regardless, a conviction could lead to job loss, jail time and hefty fines. Examples of white-collar crime charges include bribery, burglary, credit card fraud and embezzlement to healthcare fraud, identify theft, forgery, Internet fraud and mail fraud.

Sex crimes: These types of crimes are often charged as felonies and have serious consequences ranging from prison time to registering as a sex offender. Some examples of sex crime cases we take on include rape, sexual assault, sexual battery, child sex abuse, indecent exposure and possession of child pornography.

Murder: Defendants in murder cases who are convicted could be looking at the death penalty or life in prison with or without the possibility of parole. An experienced Riverside criminal defense lawyer might be able to help you fight the charge and increase your chances of getting acquitted.

Domestic violence: Under California law, it is a crime to harm or threaten to harm a spouse, cohabitant, intimate partner or other members of the household such as children. Common criminal charges in domestic violence cases include domestic battery and inflicting corporal injury on an intimate partner. The consequences of these charges could be severe including jail time, probation and loss of child custody.

Parole violations: Parole is a conditional release from prison before your term has been completed. While you serve your time outside of confinement when on parole, you are still bound by certain terms and conditions. If you violate those conditions, you may end up back in prison. Our defense lawyers can help fight for your rights and keep you out of jail.

Contacting a Riverside Criminal Defense Attorney

Contacting a Riverside Criminal Defense Attorney

If you have been arrested on suspicion of committing a crime or if you are under investigation, the experienced Riverside criminal defense attorneys at Law Office of Ashley Daniel can help fight for your rights and formulate a strong defense. Call us for a free consultation and comprehensive case evaluation.

What People Are Saying

When your liberty is at stake you want a knowledgeable, and skilled attorney.  Continue reading to learn what others have said after working with Southern California criminal defense attorney Ashely Daniel.

We are very happy with the turn out of having Mr Daniels as our attorney he was on top of everything an everyone. he made sure we got the best answers to what was best on our behalf. Thank you very much Mr Daniels for the fantastic job you are doing for us. we would highly recommend you to family an friends. God bless.

Review originally published on AVVO.

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Frequently Asked Questions

If you still need answers after reading some of our most commonly asked questions, please don’t hesitate to call us to speak with a legal specialist right now.

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What’s the Difference Between Assault and Aggravated Assault?

If you review the police blotter in any Southern California city, regardless of its population or size, you’ll see a number of incidents labeled as “assault.” Several criminal offenses fall under the category of “assault” under California law. What many people don’t realize is you don’t actually have to hurt or injure a person in order to face assault charges in California. That said, there are a number of different types of assault charges one can potentially face. The severity of assault charges you could face often depends on a number of factors including the circumstances of the incident, whether any injuries were sustained, the defendant’s prior criminal history and whether a weapon was used during the incident.

Assault Versus Aggravated Assault

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“Simple assault” or assault is a willful attempt or threat to inflict injury upon the person another. This means that the assault might be committed without actually touching striking or inflicting injury or bodily harm to someone. It is important to remember that a display or threat of force that would give the other person reason to fear or expect injury or bodily harm also constitutes assault. For example, if a person raises his or her fist at you as if to strike you, that could be viewed as assault even if he or she did not actually strike or injure you.

But, if a person used a “deadly weapon” while threatening injury, it would likely elevate the charge to an aggravated assault. A deadly weapon is defined as any instrument that could be potentially used to inflict a serious or fatal injury. Common examples of deadly weapons include guns and knives. However, a deadly weapon may also refer to an instrument that is not commonly used as a weapon such as a hammer, a baseball bat or even a vehicle. While a baseball bat is not normally considered a “deadly weapon,” a jury might find that it was being used as one, depending on the circumstances of the case.

Sometimes, a simple assault may become elevated to the level of an aggravated assault charge. This could happen in a case where the victim is a peace officer such as a police officer or a firefighter. In some cases, assault on a pregnant woman might be elevated to an aggravated assault.

What Makes Aggravated Assault Different?

What Makes Aggravated Assault Different?

Assault or simple assault is when a person has clear intent to commit an assault against another person. Aggravated assault refers to a situation in which a person attempted to inflict serious injury without regard for the life or well-being of the victim. A simple assault charge may be elevated to aggravated assault if a deadly weapon such as a firearm was used during the incident. Also, if an assault occurred during the commission of another crime such as rape, robbery or attempted murder, then, it will be considered as an aggravated assault.

What Are the Penalties?

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Aggravated assault could be considered as a “wobbler” offense, which means they could be charged as a misdemeanor or as a felony, which is a more serious charge with potentially devastating consequences and penalties. However, the penalties in a misdemeanor involving simple assault could be milder compared to a misdemeanor aggravated assault case. Under California law, simple assault is almost always charged as a misdemeanor and is punishable in most cases with a fine of up to $1,000 and/or up to six months in county jail.

However, when it comes to aggravated assault, the potential for penalties is much higher. A misdemeanor conviction could result in fines as high as $10,000, confiscation of weapons, up to one year in jail, probation, restitution, community service and court-mandated anger management classes. If you have been convicted of felony aggravated assault, you may be looking at all these penalties and a longer prison sentence.

In addition, a felony aggravated assault conviction also counts as a strike under California Three Strikes Law. This is essentially a law that significantly increases prison time for individuals convicted of a felony if they have had prior convictions for two or more violent crimes or felonies. If a person gets three strikes, he or she could end up receiving a life sentence.

What Are the Legal Defenses?

It is important to remember that you can be charged with and convicted of assault even if no one was actually hurt by your behavior. As a result, a number of people who have no prior criminal record or who never thought they were engaging in illegal activity tend to face these types of charges. There are several powerful legal defenses you can use to fight assault charges in California. Here are some of the most commonly used defenses in assault cases:

  • You committed the act in your own defense or in the process of defending someone else.
  • You did not have the ability to inflict force on the other person.
  • You did not commit the act with intent.
  • You were wrongfully accused.
  • There was mistaken identity involved.

In aggravated assault cases, the legal defenses are similar. Your criminal defense attorney may be able to argue that did not have the ability to inflict great bodily injury on the alleged victim. For example, if you were charged with a crime in which a gun was involved, but wasn’t loaded, you may be able to establish that you were not capable of inflicting significant injury because the weapon was not loaded.

Self-defense once again is a good defense in aggravated assault cases. You may also be able to prove a case of mistaken identity by showing that you were not at the scene where the incident occurred. An experienced California assault defense lawyer will be able to compile evidence in your case and present a solid defense strategy that will pave the way to you getting acquitted or at the very least, getting the charges reduced.

If you or a loved one has been accused of simple assault or aggravated assault in California, it is important that you do not take these charges lightly. A conviction on either charge could leave you with long-term consequences and significant penalties. Please contact an experienced California criminal defense lawyer who will fight for your rights, help you defend the charges and avoid the potentially devastating consequences.

criminal-charges

What to Do If You Have Been Arrested on Suspicion of Possessing Methamphetamines

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Health & Safety Code 11377 HS is a California law that makes it illegal for individuals to possess methamphetamines for personal use. This is a drug crime that is charged as a misdemeanor because voters in California passed Proposition 47 in 2014, a measure that requires that possession of methamphetamine and most other illicit drugs be charged only as a misdemeanor. However, it is important to remember that any type of drug crime conviction can have a significant impact on an individual’s life.

What Are Methamphetamines?

drug-crime-criminal-charges

Methamphetamines are powerful, highly addictive stimulants that affect the central nervous system. These drugs are commonly known by a number of other names including meth, blue, ice and crystal. It takes the form of a white, odorless, bitter-tasting crystalline powder, which dissolves easily in alcohol or water. It is designated as a “controlled substance” meaning its manufacture, possession and use are regulated under the federal Controlled Substances Act. It is illegal to possess methamphetamines without a valid prescription.

Methamphetamines today are some of the most abused drugs and are frequently manufactured and sold illegally. Most methamphetamine that results in criminal charges in California comes from Mexico. However, California still has a number of illegal meth labs that manufacture these drugs. Individuals run these makeshift labs out of their homes, garages or even warehouses. Since these drugs are easily available and relatively cheap, they are an attractive option for those seeking to use drugs. Prosecutors in California aggressively prosecute all drug crimes, particularly those involving methamphetamine.

Possession of meth for personal use, a violation of HS 11377, is a misdemeanor that is punishable by up to one year in county jail and/or a fine of up to $1,000. However, in California, your charge could be escalated to a felony if you have a prior conviction for a serious felony such as sexual assault, murder or gross vehicular manslaughter while intoxicated.

In meth possession cases, a defendant may be eligible for drug diversion programs instead of jail time particularly if he or she is a first- or second-time non-violent offender and if the meth was only for personal use. Drug diversion programs are essentially alternative sentencing options that allow those who abuse drugs to receive treatment instead of being incarcerated. However, this option is not available to those who are convicted of selling meth or possessing the drug for sale.

Those who have been arrested for possession of a controlled substance should speak with a reputable lawyer to learn more about their options as each case will be unique.

What Does the Prosecutor Need to Prove?

As with any crime, prosecutors must prove that the defendant illegally possessed methamphetamines for personal use. In order to obtain a conviction in such a case, the prosecutor must prove the following beyond a reasonable doubt:

The methamphetamine was unlawfully possessed. Even though methamphetamine is not a drug that is commonly prescribed, it can be legally possessed with a valid prescription. However, if you don’t have a valid prescription, it is unlawful to possess it. The methamphetamines need not be pure for the prosecutor to get a conviction. Even if the meth has been mixed with other substances, it is still a violation to possess it.

You knew of its presence. In order to be convicted of possessing meth, you should actually have knowledge of its presence on your person, your vehicle or home. For example, if someone you know left the drug in your home and you had no idea it was there, you cannot be found guilty of possessing meth. If you possessed meth, but did not realize that the substance you possessed was a controlled substance, that cannot be considered a violation  of section 11377. However, if you knew you were in possession of a controlled substance, but didn’t know it was meth, you are still in violation of law. For example, if you possessed meth, but believed it was heroin, you would still be violating section 11377.

The quantity of drugs was sufficient to be used. The prosecutor must also show that the amount of meth you possessed was usable. For example, if you are found with a negligible amount of meth that cannot actually used as a drug, it can be difficult for the prosecutor to show that you possessed a usable amount of the controlled substance.

Possession Versus Sale Charges

A prosecutor will typically consider whether you possessed the meth for personal use or for sale while considering how to charge you. HS 11377 refers to possession of meth for personal use only. This is also often known as “simple possession.” However, it is a much more serious crime to possess methamphetamines for sale under Health and Safety Code 11378 HS.

So, how does a prosecutor determine whether to charge you with “simple possession” or “possession for sale?” They might go by your statements. They will consider the quantity of methamphetamine that was in your possession. A larger quantity points to an intent to sell the drug. Prosecutors will also look at how the drugs are packaged. If they are in several zipped bags, it might be viewed as intent to sell. However, if it’s in one baggie or bottle, it would seem intended for personal use. In addition, officials often look at the presence of drug paraphernalia. If they find paraphernalia such as needles, pipes or straws, it could serve as evidence that the drugs were for personal use.

Fighting Meth Possession Charges

The legal defenses to fight meth possession charges depend largely on the nature and circumstances of your case. Here are some of the common defenses in such cases:

  • The defendant had a valid prescription and possessed only the amount that was prescribed.
  • The methamphetamines belonged to someone else.
  • The drugs were discovered in violation of California’s search and seizure laws. This is the case if the law enforcement officials did not have a valid search warrant to search your person or property such as a home or vehicle.
  • You were stopped and search without probable cause or consent.

If you or a loved one has been arrested of possessing methamphetamine, please contact an experienced California drug crime defense lawyer who will help protect your rights and help you obtain an acquittal, reduce the charges or an alternative sentencing such as a drug diversion program instead of jail time. Get the best care by contacting a local and reputable attorney right away. Our Orange County criminal defense attorney law firm serves people like you throughout Southern California including Los Angeles, Riverside, and San Diego among others.

Call us now to get a free consultation. (949) 264-2114

what-happens-when-you-violate-probation

What Happens When You Violate Probation?

If you violate any of the probation terms, there may be a number of potential consequences. Your probation could be revoked or modified at the discretion of the judge. If the court revokes your probation, you will likely be sentenced to jail or prison. Here are some of the consequences you could face if you have been accused of violating your probation.