Coachella Valley Criminal Law Attorney Anastacio De La Cruz represents clients all over the Coachella Valley and Riverside County in a variety of Criminal Law cases.
Coachella Valley Criminal Law Attorney Anastacio De La Cruz can represent you in any case related to Felony or Misdemeanor cases including:
- Domestic Violence
- Drug Offenses
- Theft/Burglary Robbery
- Warrant Recall
- Violation of Probation
Successful True Examples Criminal Cases *
In most criminal cases, the defendant either makes a plea agreement with the prosecution or goes to trial. Sometimes though, a defense lawyer can get the charges dismissed before trial, either by demonstrating to the prosecution the holes in their case, or through pretrial motions. The procedure and basis for a pretrial motion to dismiss vary somewhat depending on where the case is, but the motion is an extremely useful tool for defense attorneys everywhere.
DISMISSAL AFTER NEGOTATION
In 2019, Mr. A and his wife were charged with violations of Penal Code Section 273d(a), commonly known as infliction of traumatic injury upon a child. The Law Offices of Anastacio De La Cruz was retained to defend against these false accusations, and protect Mr. A’s rights. After diligent review of the “evidence” presented by the Office of the District Attorney, Mr. De La Cruz noted some serious issues and inconsistencies with the “proof” provided. After contracting a private investigator, it became clear that the complaining witness had fabricated a series of events, which ultimately lead to all charges against Mr. A, and his wife, being dismissed.
DISMISSALS AFTER PRETRIAL MOTIONS
In 2012, Ms. C, a United States Citizen studying to be a nurse, was driving from Imperial Valley home to the Coachella Valley when she was stopped at an immigration checkpoint and detained for nearly an hour upon the request of the California Highway Patrol. Ms. C was subsequently arrested for suspicion of driving under the influence. Ms. C, maintaining her innocence and concerned with possibly being expelled from her nursing program hired the Law Offices of Anastacio De La Cruz to defend her. After carefully reviewing the facts and evidence in this case, and reviewing the applicable law, Mr. De La Cruz filed a motion to suppress the evidence, alleging that Ms. C was unlawfully detained and arrested, in violation of her Fourth Amendment Rights. After taking testimony, the presiding judge agreed, and all evidence obtained after the unlawful stop was suppressed. The case was then suppressed. Ms. C was able to move forward in her chosen career.
In 2019 Mr. and Mrs. E were made aware that warrants for their arrest had been issued in 2014 stemming from an unfortunate incident in 2013 where two family pets perished. The couple indicated that they had never been arrested, never signed a notice to appear, and in fact had no knowledge that charges had ever been filed. The couple maintained their innocence and were concerned about these charges interfering with their current jobs, as well as future employment prospects. The Law Offices of Anastacio De La Cruz was hired for representation. After carefully reviewing the evidence and facts of the case as well as the pertinent case law, it became clear that the couples’ Sixth Amendment Right to a Speedy Trial had been violated. Mr. De La Cruz carefully addressed the factors set forth by case law and noted the prejudice that couple suffered by the unreasonable delay. At the motion hearing, the presiding judge granted the speedy trial motion, and the case was dismissed.
Where a dismissal does not occur, The Law Offices of Anastacio De La Cruz strives to mitigate, when possible, the most serious consequences of a conviction. In some cases, there might be devastating immigration or employment consequences. In other cases, the consequences might involve 290 Sex Registration or restraining orders.
PLEA BARGAINS MITIGATING IMMIGRATION CONSEQUENCES
In 2019 Mr. Y was arrested for suspected violation of Vehicle Code Sections 23152(a) and 23152(b), commonly known as driving while under the influence. His blood alcohol level was tested at nearly double the legal limit. Concerned with losing his Deferred Action for Childhood Arrivals (DACA) status, and being subject to deportation, Mr. Y retained the Law Offices of Anastacio De La Cruz in order to defend him and mitigate the disastrous criminal/immigration consequences. Seeing few legal defenses, Mr. De La Cruz worked with Mr. Y to show substantial rehabilitation, even before charges had officially been filed. Based on the equities, and the tremendous amount of rehabilitation shown by Mr. Y, the Supervising Assistant District Attorney agreed to substitute the charge to a violation of Vehicle Code Section Vehicle Code Section 23103 per Vehicle Code Section 23103.5, commonly known as a “wet reckless.” Mr. Y was able to keep his DACA status, and remains in the United States, working and providing for his family.
In 2014, Mr. G, a Legal Permanent Resident of the United States, had charges in two separate cases filed against, alleging automobile insurance fraud as felonies. Mr. G, tremendously concerned with his immigration status, immediately retained the services of the Law Offices of Anastacio De La Cruz to defend him. After carefully analyzing the case, including the facts and evidence presented, it was clear that Mr. G’s role was very minor. It was equally as clear, in reviewing the applicable criminal and immigration case law that a conviction in both cases would lead to Mr. G’s deportation. Through skillful negotiation and presentation of Mr. G’s tremendous equities, the prosecution agreed to dismiss one of the cases outright and accept an immigration neutral plea on the other case. Mr. G continues to reside in the United States with legal status.
Where dismissals and plea bargains are not feasible, a defendant has the right to ask for a trial. The trial is perhaps the best-known part of the criminal process, but it is only one of many stages of a criminal case. Very few criminal cases ever go to trial. Prosecutors and defendants frequently reach plea agreements, by which the state might agree to reduce the charge to a lesser offense in exchange for a guilty plea. Trials must follow certain procedures that are intended to maximize the court system’s efficiency while protecting defendants’ rights.
In 2016, Mr. B was charged with a violation of Penal Code Section 273.5, commonly known as Spousal Abuse with corporal injury. Mr. B, a non-citizen, hired the Law Offices of Anastacio De La Cruz maintained his innocence, and was especially concerned with the immigration consequences of these charges. After months of reviewing the discovery (evidence) provided by the Office of the District Attorney, as well as independent investigation, Mr. B rejected all plea offers and decided to set the matter for jury trial. After three days of jury trial, Mr. De La Cruz was able to convince all twelve (12) jurors to vote “not guilty”, thereby acquitting Mr. B. Mr. B. continues to reside in the United States, with his wife and children.
*The above are only a partial listing on successful outcomes in selected criminal cases. Results can never be guaranteed, and each case is unique, depending on a multitude of factors.
Driving Under the Influence: California Vehicle Code Section 23152 (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. California Vehicle Code Section 23152 (b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle. If you have been charged with a DUI, Coachella Valley Criminal Law Attorney Anastacio De La Cruz can represent you in court proceedings.
Domestic Violence: If you have been charged with a Domestic Violence, Coachella Valley Criminal Law Attorney Anastacio De La Cruz can represent you in court proceedings.
Battery/Assault: If you have been charged with Battery or Assault, Coachella Valley Criminal Law Attorney Anastacio De La Cruz can represent you in court proceedings.
Drug Offenses: If you have been charged with a Drug Offense, Coachella Valley Criminal Law Attorney Anastacio De La Cruz can represent you in court proceedings.
Theft/Burglary/Robbery: If you have been charged with a Theft, Burglary, or Robbery, Coachella Valley Criminal Law Attorney Anastacio De La Cruz can represent you in court proceedings.
Fraud: If you have been charged with a Fraud, Coachella Valley Criminal Law Attorney Anastacio De La Cruz can represent you in court proceedings.
Warrant Recall: If you have an arrest warrant, Coachella Valley Criminal Law Attorney Anastacio De La Cruz can represent you in court proceedings.
Violation of Probation: If you have been charged with Violation of Probation, Coachella Valley Criminal Law Attorney Anastacio De La Cruz can represent you in court proceedings.
Expungements: If you want to expunge your past criminal record, Coachella Valley Criminal Law Attorney Anastacio De La Cruz can represent you in court proceedings.