Working with a Lawyer After a Serious Accusation

Being accused of a crime can be both frightening and stressful. If you are charged and convicted of a criminal offense, your life can be forever changed. That is why it is important to protect your rights and hire a lawyer right away. But if you do hire a criminal defense lawyer, will that make the police think you are guilty?

If you have been accused of a crime, it is critical to speak with an attorney immediately. At Ridley Defense, we are dedicated to protecting the rights and freedoms of the accused. Our criminal defense lawyers in Ventura will work closely with you and advocate strongly on your behalf to secure the best possible outcome. To get started, call (805) 208-1866 today to schedule your complimentary consultation.

Does Hiring a Lawyer Make You Look Guilty?

The answer is no. While many people worry that hiring an attorney will make the police think they are guilty, it is simply not true. Investigators are fully aware you have the right to hire an attorney, as well as remain silent, and that doing either does not mean you are guilty of any wrongdoing. 

The fact of the matter is, if you are being questioned or interrogated by police in relation to a crime, the chances are pretty high they already consider you guilty. That presumption of guilt makes it all that much more necessary to retain legal counsel to protect your rights and best interests.

Should You Hire an Attorney?

Absolutely. Many people don’t hire an attorney right away, thinking that doing so will make the police believe they are guilty of a crime. However, going it alone and speaking to the police without an attorney present can have dire consequences.

Police use several tactics to get you to confess to a crime. In fact, you might be completely innocent of any wrongdoing but simply get confused or say something that could be misconstrued as a confession. It is always best to have an attorney by your side to tell you what you should and should not say and do during the process. Your attorney can also speak on your behalf and work with the police and prosecutors to avoid charges from being filed.

What to Do If You Have Been Accused of a Crime

If you are being investigated for a crime, you should immediately consult with an attorney. If the police have asked to question you about your alleged involvement in a criminal offense, it is always best to invoke your 5th Amendment right and decline to answer their questions. Politely tell the officers that you do not wish to speak with them and that you would like to speak with your attorney.

What NOT to Do If You Are Under Investigation

While hiring a criminal defense lawyer is the first thing you should do if you are being investigated for a crime, there are a handful of things you should NOT do in this situation. The following are a few things you should never do if you are facing criminal charges:

• Don’t speak to anyone about the alleged crime - Many individuals turn to family and friends when facing criminal charges. However, investigators can and likely will ask to speak to those close to you and ask them about any statements you have made. So it is important to resist the temptation to discuss the situation with your loved ones. Discuss the matter with your attorney and only your attorney.
• Stay off social media - With the wide use of social media in today’s world, the police will likely look you up on social media, combing through your posts and the posts of anyone close to you, looking for evidence against you. Stay off social media and never post details or photos relating to the incident.

Contact Our Team of Criminal Defense Attorneys to Learn More

There is so much on the line when facing serious criminal charges. That is why you need to do everything possible to protect yourself. And the first step in protecting yourself is hiring a skilled criminal defense lawyer. 

If you have been accused of or charged with a criminal offense, call Ridley Defense. Our experienced team of Ventura criminal defense attorneys are committed to protecting the rights of our clients and will do everything possible to have your charges reduced or dismissed. Contact us at (805) 208-1866 today to arrange a free, confidential consultation.

What to Know If You Are Arrested for a Marijuana DUI

In California, cannabis is legal for both medicinal and recreational purposes, but it is still unlawful to drive while impaired by the substance. Unlike alcohol which has a set legal limit, it can be more challenging to determine if a person is under the influence or intoxicated by marijuana. Proving impairment, therefore, must be done by more than just a test result.

At Ridley Defense, we provide dedicated defense for individuals who have been charged with driving under the influence of marijuana. Our experienced legal team is here to help you understand your rights and help to mitigate the consequences of a DUI arrest or potential conviction. If you were arrested for a marijuana DUI, contact our office at (805) 208-1866 to schedule a complimentary consultation. 

What Is a Marijuana DUI?

California Vehicle Code Section 23152(f) makes it unlawful to drive under the influence of any drug. Even though marijuana is legal in the state, it is still illegal to drive while impaired by the substance. Therefore, if you are stopped for a traffic violation or at a checkpoint, and the officer suspects that you are driving under the influence of marijuana, they could arrest you. 

A marijuana DUI carries many of the same penalties as a DUI based on alcohol consumption. You could be required to pay a fine of $390 plus penalty assessments, face a suspended license, and even jail time. If you are facing charges based on a DUI with drugs, you need to speak to an attorney as soon as possible.

What Is Considered Impaired?

Unlike alcohol, there is no “per se” limit for intoxication of marijuana. Therefore, the officer must use other factors to determine whether you were impaired by the drug and, therefore, under the influence.

If you are arrested for a marijuana DUI you will be required to submit to a chemical test to determine the level of tetrahydrocannabinol (THC) in your system. If you refuse a chemical test, you could face additional penalties. Additionally, you may be convicted of a marijuana DUI even without a blood test to confirm THC levels.

How Does a Police Officer Prove Marijuana Intoxication?

An officer may consider several factors to determine whether you are impaired by marijuana. Ultimately, the blood test will say what the level of THC is in your system. 

Factors an officer may take into consideration to prove marijuana intoxication:

• Erratic driving (slow driving, weaving, running stop lights, etc.)
• Slurred speech
• An odor of marijuana
• Statements that you make to the officer
• Dilated pupils or red, bloodshot eyes
• Reaction time

In some cases, the officer that makes the stop may call in a Drug Recognition Expert (DRE). A DRE is specially trained in drug detection and will do a 12-step process to determine whether you are under the influence of marijuana or another substance.

Contact Our Office for a Complimentary Consultation

If you have been arrested for driving under the influence of marijuana, contact our office at (805) 208-1866 to schedule a complimentary consultation. You should not enter a plea until you have had the chance to consult with an attorney. Call now to get started. 

Why You Should Retain a Lawyer Before Talking to the Police

Prior to custodial interrogation, an officer is required to read you your Miranda rights. If you are taken into custody, you will be informed that you have the right to remain silent and that anything you say can and will be used against you in a court of law. It is important that you exercise these rights and ask to speak with an attorney immediately. What you say can hurt your case and may be used to incriminate you.

At Ridley Defense, we know that you may be eager to tell your side of the story, but you need to be careful when you are speaking to a police officer. It is in your best interest to remain silent and exercise your right to an attorney. If you have been arrested or are being investigated for a crime, contact our office at (805) 208-1866 to schedule a complimentary consultation. 

Should I Talk to the Police Without an Attorney?

It is always advisable to consult with an attorney prior to speaking with the police. When people talk to police without legal counsel, they may answer questions in an incriminating manner. In many cases, they do not even realize that what they are saying could hurt their case. Many people are also nervous when they are being questioned. While you may be doing your best to answer the officer’s questions, your nerves may be seen as being evasive.

If you are not honest with the police and it is discovered, you could face additional penalties under the law. Making false statements to police officers while they are performing their official duties is a crime within itself. To avoid these and other consequences, you should retain an attorney as early in the process as possible.

Do I Have to Answer an Officer’s Questions?

You have the right to remain silent, and you should exercise that right until you have retained an attorney. An attorney can advise you on how to proceed if you are being investigated for a crime. However, it is important to note that you do not have the right to impede an officer’s investigation. You cannot make false statements or attempt to obstruct them. 

Always be respectful in any interaction with law enforcement. You should not make any threatening statements or gestures. Be courteous and ask for an attorney if you are being taken into custody. Knowing your rights is critical. Remember, you have the right to speak to an attorney before you answer an officer’s questions.

What If I Talk to the Police Without an Attorney?

What you say can and will be used against you. You cannot be punished for refusing to answer an officer’s questions, but you can face additional penalties for lying to an officer. You have the right to ask for a lawyer at any time. Even if you started answering questions, you can stop and exercise your right to legal counsel.

Arrested for a Crime in Southern California? Contact Our Office.

Were you or a loved one arrested for a crime in Southern California? Contact our office at (805) 208-1866 to schedule a complimentary consultation. Early intervention is often essential in criminal cases. Before you speak with law enforcement, call our office to speak directly with a member of our legal team. 

Know Your Rights When Filming the Police

Many people are uncertain whether they are legally allowed to film the police during a traffic stop or investigation. While the vast majority of interactions with law enforcement are uneventful, some can become escalated. Filming the incident can help keep officers accountable and help to bring about change if there is evidence of misconduct. However, it is important to understand your rights before you start recording the police.

At Ridley Defense, we represent individuals who have been arrested or charged with a crime in Southern California. Our dedicated legal team can help you understand your rights. We are committed to helping you get your life back on track and ensuring you receive the best possible outcome in your case. Are you facing criminal charges? Contact our office at (805) 208-1866 to schedule a complimentary consultation. 

Is It Legal to Film Police in California?

California Penal Code 148(g) states that filming or taking a picture of an officer does not in and of itself constitute obstruction of justice. While there are exceptions, you are usually within your rights to make an audio or video recording of an officer. 

In general, a person may film or take pictures of police in:

• A public place; or
• A place where the person taking the picture or recording has a legal right to be.

Under this penal code, recording an officer does not give reasonable suspicion for them to detain you or probable cause for them to place you under arrest.

What Can I Video?

A good rule of thumb is that you are legally allowed to video anything that is in a public space and is in plain view. You must, however, have a legal right to be there. For example, you cannot trespass on another person’s property and record a video or take pictures. You also cannot harass an officer or attempt to obstruct their investigation.

Can an Officer Confiscate or Delete My Video?

If you are legally filming an officer, they cannot demand that you turn over your phone or camera without a warrant. Furthermore, an officer may not delete your photographs or videos.

Do I Have to Show That I Am Recording?

Another essential thing to remember is that you should not try to conceal or cover up the fact that you are recording. Under many circumstances, it is within your legal right to record an officer, so there should be no reason to attempt to hide your camera or phone. Furthermore, the law prevents you from attempting to record confidential communication without a person’s consent. 

What Should I Do If I Am Arrested for Taking a Video of the Police? 

If you are arrested for taking a video of the police, you need to be cooperative. As soon as possible, ask to speak to an attorney to ensure that your rights are protected. Remember, your right to video an officer does not give you the right to interfere with their duties. If you break a law while attempting to video or photograph an officer, there may be legal grounds for an arrest.

You should never attempt to stop the arrest of another person, even if you believe that the arrest is unjust. The best course of action is always to speak to an attorney as soon as possible. 

Contact Our Office to Learn More

Were you arrested for recording a police officer or another crime in Southern California? Contact our office today to schedule a complimentary consultation. Call (805) 208-1866 to speak directly with a knowledgeable member of our legal team.

What Happens If You Are Convicted of a Sex Crime?

Even accusations of a sex crime can be devastating to a person’s career and reputation. Sex crimes, however, are commonly charged and carry serious penalties upon conviction. If you are charged with a sex crime in California, you need to consult with a lawyer as soon as possible.

At Ridley Defense, we provide experienced representation for individuals who have been charged with sex abuse crimes throughout Southern California. Our knowledgeable legal team will work to get you the best possible outcome in your case. Contact our office today at (805) 208-1866 to schedule a complimentary consultation. 

What Are Common Sex Crimes in California?

Sex crimes include any criminal offenses that are sexual in nature. They can range from rape and sodomy to sexual assault of a child. It is important to know that these crimes carry significant criminal penalties and should be handled by an attorney.

Common sex crimes in California:

• Rape
• Sodomy 
• Forcible penetration with a foreign object 
• Sexual battery 
• Aggravated sexual assault of a child 
• Sexual acts with a child 10 years or younger
• Unlawful sexual intercourse with a person under 18

Many, but not all, sex crimes are charged as felonies. If convicted a person could face several years in prison and may have to register as a sex offender.

What Are the Penalties for Rape in California?

A person convicted of a violation of Penal Code Section 261 could face a prison sentence of three, six, or eight years. However, certain circumstances, such as the age of the other person,  may increase a person’s prison sentence.

If the act is committed against a child over the age of 14, the prison sentence may be up to 11 years. If the child was under the age of 14, the alleged perpetrator could face a prison sentence of 9, 11, or 13 years. 

What Are the Criminal Consequences of Sexual Battery?

A person convicted of touching an “intimate part of another person” for the purpose of sexual arousal, abuse, or gratification and without consent may be charged with violation of California Penal Code Section 243.4. Criminal penalties may include a jail sentence of up to one year and a fine not to exceed $2,000 or a state prison sentence of two, three, or four years and a fine of up to $10,000.

What Are the Penalties for Aggravated Sexual Assault of a Child?

Aggravated sexual assault of a child (Cal. Penal Code Section 269) may include rape, sexual penetration, sodomy, or oral copulation of a person who is under the age of 14. The offense is considered a felony and is punishable by a prison sentence of 15 years to life.

What Penalties Are There for Statutory Rape?

California law defines statutory rape under Penal Code Section 261.5. A person who has sexual intercourse with a minor (someone under the age of 18) may be charged with statutory rape. The penalty generally depends on the age difference between the two people. 

For instance, if the person is within three years of the alleged perpetrator’s age then the matter may be charged as a misdemeanor, whereas if the person is over three years younger then it could be charged as a misdemeanor or a felony.

Charged with a Sex Crime? Contact Our Office.

Were you charged with a sex offense in Southern California? Our lawyers can help you understand your rights. We provide dedicated representation for people charged with sex abuse crimes. A conviction could result in mandatory sex offender registration restricting where you can live and work. Do not wait. Contact our office today at (805) 208-1866 to schedule a complimentary consultation.

What You Need to Know About Drunk Driving Arrest and Conviction Rates

Driving under the influence is a commonly charged crime in Ventura County and statewide. Ventura County, however, tends to heavily penalize more individuals than many other counties in the state. If you are charged with a DUI or related offense, you need to speak with a lawyer.

At Ridley Defense, we represent individuals who have been arrested for driving under the influence (DUI) in Ventura and the surrounding areas. We understand the deep impact that an arrest for an alcohol-related crime can have on a person and their family. We work hard to help put your life back together after an arrest.

If you were charged with a DUI, contact our office at (805) 208-1866 to schedule a complimentary consultation. 

Is Ventura Tough on DUIs?

Ventura County is considered tough on driving under the influence. It not only penalizes more people for DUI than surrounding jurisdictions, but the county also has a high conviction rate. It is important to remember, however, that just because you are arrested for a DUI does not mean that you will be convicted. 

What Is the Rate of Penalization in Ventura County?

According to Value Penguin, Ventura County has a higher rate of penalizing drunk drivers compared with many of its counterparts. Their research shows that, on average, California penalizes approximately 71% of the drivers that are arrested for driving under the influence. In Ventura, they penalize over 81% of individuals arrested for a DUI.

What Is the DUI Conviction Rate for Ventura?

In addition to having a reputation for penalizing a large percentage of individuals arrested on DUI charges, the county is also known for securing convictions. ValuePenguin’s findings show that Ventura rarely reduced cases. 

In 2020, the insurance website noted that not a single person received a reduction to reckless driving in the county. Ventura County does not offer this as a plea bargain, and many people have false expectations when they compare their experiences to Los Angeles County, where these plea bargains are common. This is one of the reasons it is so important to have an attorney that practices regularly in Ventura County if you have a pending case here.

What Should I Do If I Am Arrested for a DUI?

If you are arrested for driving under the influence, you need to act quickly to protect your rights. You should always contact a DUI defense attorney as early in the process as possible. It is important to remember that you could lose your driving privileges if you do not request a hearing.

 An attorney can help you request a hearing to stop the automatic suspension of your license. They will also help you determine the best way to proceed with your case. It is never too early to consult with an attorney about your case, but it can be too late. The earlier you contact an attorney, the more they can potentially do for your case, including speaking with the district attorney. 

Arrested for a DUI in Ventura County? Contact Our Office. 

Were you arrested for driving under the influence in Ventura County? Contact our office at (805) 208-1866 to schedule a complimentary consultation. Call our office today to speak directly with an experienced member of our legal team. We have decades of combined legal experience and will work hard to get you the best possible disposition on your case.