DUI charges can leave you feeling trapped. When you have been charged with a DUI, your first step is to contact an attorney. Our experienced attorneys know the intricacies of both the criminal and administrative aspects of your case. We know the Santa Barbara justice system and will use that knowledge to your advantage. We can represent you both in court and before the DMV hearing officer.
Police Officers need grounds to stop your vehicle in the first place, and our attorneys will critically examine the record of your traffic stop to ensure your rights were preserved. If they were violated, we have a number of strategies for reducing or dismissing the charges facing you. If due process was followed, we will strongly advocate for an alternative sentence program to help you reduce jail time. If your license is revoked at the administrative hearing, we will advocate for restricted privileges that allow you to commute to work and limit the impact on your life. We know how important your case is, and we will provide a structured and aggressive defense that minimizes this incident in your life.
Drug Crimes charges should not be faced alone. The criminal system for drug crimes is complex and navigation should be done by an experienced attorney. Our goal is to significantly reduce or dismiss the charges facing you. Depending on the situation of your case, there may be a way to entirely avoid jail time through alternative sentencing and treatment. If that is not possible in your situation, our attorneys will advocate strongly on your behalf. We have successfully defended many people charged with drug crimes, and that experience and knowledge will help provide you with the best possible defense.
A. Conspiracy
Anyone who, in any way, knowingly helps facilitate or further the trafficking of drugs can be
charged with conspiracy. You can be charged with conspiracy even if you never even saw the actual
drugs. The sentence for a conspiracy charge is the same as the sentence for actually committing the
offense.
B. Cultivation and Manufacture
Cultivation is the planting, harvesting, processing, etc. of any illegal drug or controlled substance.
The term "cultivation" is often interchangeable with "manufacture". While cultivation of marijuana may
be, under some circumstances, legal under California law, it is not legal under Federal law.
Federal law enforcement can prosecute for it.
C. Distribution and Trafficking
Distribution or trafficking is the transfer of any illegal drug or controlled substance without having
the legal authority to do so. Doctors or pharmacists are examples of people with legal authority.
D. Possession
Anyone who willfully possesses a controlled substance without legal authority to do so may be charged
with possession. This includes illegal drugs such as cocaine or methamphetamine and also prescribed
drugs like vicodin without the prescription. Possession in large amounts can be charged as Possession
with Intent to Distribute, whether or not you actually intended to distribute. Sentencing in
possession cases depends on whether the charge is Simple Possession or Possession with Intent to
Distribute.
Sentencing
In drug cases varies greatly, depending on the type and amount of the controlled substance.
In addition, most drug charges are affected by sentence modifiers called enhancements.
Enhancements can add time to sentences for the way in which a crime was committed or the history of
the defendant. A person convicted of selling to minors or convicted while on bail, for example, may
have an additional term added on. A person with a prior criminal history of drug offenses may also
have time added. For certain offenders alternative sentencing is available.
Proposition 36
For first and second time, nonviolent, simple possession charges, California Proposition 36 provides for
treatment instead of jail time. Under Prop 36 they may instead be eligible for a year of rehabilitation
through outpatient, narcotic replacement therapy, education, etc. and 6 months of aftercare treatment.
Deferred Entry of Judgment
Also available is Deferred Entry of Judgment (also called DEJ or diversion), wherein a guilty plea is
entered but sentencing is deferred for 18 months. In these 18 months the defendant must not be arrested
or convicted of another crime and must attend 6 months of drug education classes. If they do this, when
the 18 months comes the case is dismissed.
Drug Court
Last there is Drug Court. Drug Court is a supervision and treatment program that moves in stages.
The defendant has fewer restrictions with each successive stage. After completion of the Drug Court
program, the case is dismissed.
No matter what charge you are facing, it is important for you to contact an experienced criminal defense attorney quickly. At Balash & Haaland-Ford we know the California justice system and understand how complex it can feel. We have the experience and strategic insight necessary to present your case in the strongest possible terms. Call us now at 805-962-3344 for your free initial consultation.
Theft Crimes make up one of the largest sections of criminal activity and affect the lives of thousands of people each year. Theft is generally defined as taking or using something that is not yours. This includes everything from shoplifting to grand theft as well as crimes like identity theft. Our attorneys are experienced in dealing with all manner of theft crimes. We will construct a comprehensive and aggressive defense strategy to achieve the best resolution possible.
Burglary
Entering into someone else's property without permission by force or deception with the intent to
commit a crime is burglary. Burglary is separated into degrees depending on various criteria on the circumstances of the crime.
Depending on the degree it may be charged as a misdemeanor or a felony.
Grand Theft
Grand Theft, also called Grand Larceny, is charged when the value stolen is greater than $400.
This crime is charged as either a misdemeanor or a felony depending on the circumstances of the case
and your prior criminal history.
Grand Theft Auto
The theft of an automobile is charged separately from other sorts of theft. This crime is charged
as a felony. Grand Theft Auto is committed when a person drives, takes, steals or otherwise removes an
automobile without consent of the owner with the specific intent to permanently deprive the lawful
owner of his/her property.
Petty Theft
Petty Theft, or Petty Larceny, is charged when the amount stolen is less than or equal to $400.
Petty Theft is charged as a misdemeanor.
Receipt of Stolen Property
Receipt or Possession of Stolen Property is charged when you own property that has been stolen,
even without your knowledge of this fact.
Shoplifting
Shoplifting is a form of Petty Theft wherein you steal less than $400 worth of goods from a
store. This crime is charged as a misdemeanor. If more than $400 is stolen, the greater charge
of Grand Theft may apply.
Sentencing in Theft Crimes depends on which specific crime is charged. Sentences may include restitution, fines, or jail time. Some crimes have mandatory sentences and fines, while others carry only fines. Whichever sentence is carried, we understand the impact on your life and the confusion and fear you feel now. Our experienced attorneys have well defined strategies to protect your rights and your future. Call us now at 805-962-3344 for your free initial consultation.
Sex Crimes charges are serious and confusing. You can be charged on accusation alone, without corroborating physical evidence. To protect your rights and your future you need highly specialized and effective legal counsel. Our attorneys have extensive experience with Sex Crimes cases. Mr. Balash has focused and specialized in Sex Crimes defense over his 30 years of practice and has formed comprehensive strategies to help get your case reduced or dismissed if at all possible. His in depth knowledge is available in the event that your case goes to trial. At Balash & Haaland-Ford we have the experience and knowledge to provide you with an aggressive defense that maximizes your chances of a favorable outcome.
Child Enticement
Child Enticement is the attempt to lure, tempt, or entice a child into committing a
sexual act.
Child Pornography
Child Pornography is the possession, distribution, or exhibition of pornographic
depictions of sexual acts of those under the age of 18. Distribution and possession
are now felonies.
Date Rape
Date Rape is sexual contact at a social engagement in which one of the parties does not
consent to the sexual contact. That the person chose to attend the engagement voluntarily
is not a defense. A person does not consent if they are too intoxicated or incapacitated
to form the necessary mental state.
Failure to Register
Most Sex Crimes require registration on the Sex Offenders List for any jurisdiction the
person resides in. Failure to comply with jurisdictional rules for registration is itself
a crime. Many people mistakenly think that their registry will automatically carry with
them as they move.
Indecent Exposure
Exposure generally refers to the purposeful display of one's genitals in a public area or
place of public access. This crime is generally charged as a misdemeanor.
Lewd/Lascivious Conduct
Lewd or Lascivious Conduct is conduct of a sexually explicit nature likely to offend or
alarm the recipient of the behavior. This crime is generally charged as a misdemeanor.
If there is any physical contact made during the behavior, it may be charged as Sexual Assault.
Marital Rape
Marital Rape is rape within the confines of a spousal relationship. That a person is a
spouse does not automatically mean they consent to sexual contact. Only one nonconsensual
sexual act need be alleged for this crime to be charged.
Molestation/Indecent Liberties
Molestation is, generally, making unwanted advances on or to another person, especially
for sexual purposes. The most serious form of Molestation, also known as Child Molestation
and Indecent Liberties, is charged for any sexual contact with a person under the age of 14.
Molestation charges are emotionally devastating and increasingly common. A person may be
charged with Molestation because a school official suspects abuse, even if the child and
family deny it. Early representation is critical in your defense.