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Showing posts from July, 2022

What Are The Best Defenses For Kidnapping Charges?

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Consider the case of a loved one or yourself charged with kidnapping. If that is the case, you will need to hire an attorney like Matt Horeczko because kidnappings are taken very seriously by Los Angeles County authorities. What Are the Kidnapping Laws in California? As defined in California Penal Code 207 PC, kidnapping is the act of moving someone a substantial distance, against their will, by force or fear. Essentially, it is "simple kidnapping" that carries a maximum prison sentence of eight years. According to California Criminal Jury Instructions 1215, these crimes have certain elements. In PC 207, it is stated:    (a) Kidnapping occurs when someone is forcibly taken, held, detained, or arrested and taken to another country, state, county, or a part of a county, using fear. It is required that the victim move a considerable amount, or a non-trivial distance, to meet the movement requirement. It is impossible to define exactly how far a distance qualifies as "subst

How to Avoid Jail Time in Federal Child Pornography Issues?

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  In California State and federal courts, Matt Horeczko 's criminal defense team has represented several clients facing child pornography-related charges - including possession and distribution. Before a defendant is indicted for child porn, federal law enforcement agencies have already conducted such an extensive investigation involving electronic records and forensic computer analysis that they can't reasonably claim they didn't possess images depicting minors engaging in sexual activity before the defendant is indicted. To obtain the best possible outcome in a child porn case, even where guilt or innocence is not in doubt, it is crucial to retain a seasoned federal criminal defense lawyer. Based on our decades of experience, we know there are several steps a federal criminal defense attorney can take to advocate for a sentence that recognizes critical mitigating factors in our clients' lives to avoid jail time. Below, our federal criminal defense attorneys provide r

Matt Horeczko - In California, What is the Statute of Limitations for Drug Possession?

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  If you are being investigated or have been arrested for drug possession, you may wonder how long a potential charge will hang over your head, says Matt Horeczko . There is a statute of limitations in California for all crimes, including drug possession charges. This limits the amount of time the prosecution can wait before filing criminal charges. Drug Possession Statute in California According to California Penal Code section 801, crimes punishable by imprisonment in state prison have a statute of limitations of three years. Possession of any drug, even marijuana, can be punished by imprisonment in California (if the amount is large). Therefore, a drug possession charge has a three-year statute of limitations. For possession charges that are not punishable by imprisonment—for example, small amounts of marijuana—the statute of limitations is one year. When a statute of limitations runs out, a defendant can no longer be prosecuted. A statute of limitations is designed to force the pro

Matt Horeczko - The Pros Of Accepting A Plea Deal

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  According to Matt Horeczko , plea bargaining refers to a process in which attorneys from both sides negotiate a resolution of someone's criminal charges in advance of a trial or even during one. The following is chatter about plea bargains and how to decide when to accept a deal, and when to reject one before you are charged with a crime in the state of California. When you are charged with a crime in the state of California, you may request a jury trial or you may enter a plea of guilty, avoid a trial, and face sentencing. As you read on, you will discover what a plea deal is. In addition, you will find more information on the rights and responsibilities of criminal defendants in California. Advantages of Plea Bargains With the criminal courts in California growing ever more overcrowded, cases must be resolved as quickly as possible. A criminal trial can take days, and sometimes even several months, but a plea agreement takes only minutes. The outcome of a trial is never predict

Matt Horeczko - What Are Prescription Drug Crimes?

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  There has been an epidemic of abuse and addiction to prescription medications in the United States. While several states have tried to address the issue through drug treatment programs rather than traditional criminal prosecution, convictions for crimes involving prescription drugs under California and Federal law can carry serious consequences. Matt Horeczko says it is imperative to seek the advice of an experienced attorney if you are charged with a prescription drug crime. Working with an experienced lawyer will give you the best chance to avoid a conviction and get the treatment you need. Prescription Drug Offenses in California Possession Health and Safety Code 11350 prohibits the possession of any usable amount of a controlled substance. This can include illegal drugs such as heroin or cocaine, or prescription drugs such as Vicodin that are not lawfully prescribed. Proposition 47, which passed in November 2014, changes certain drug possession offenses from felonies to misdemea