• A justifiable homicide is committed to protect against serious bodily harm or defend against another. This includes situations when police officers apprehend a person for a felony or are lawfully trying to keep the peace.

• An excusable homicide occurs when the homicide was an accident and the situation surrounding the homicide was legal. In this case there is fault, but not at the same level as a justifiable homicide.

1. Arraignment: You will be asked to enter a plea of guilty or not guilty and the date for the trial will be set.
2. Pretrial: We will discuss your case with the prosecutor and try to negotiate a resolution so you do not have to go to trial. 
3. Trial: If we are not able to negotiate an acceptable resolution and the matter is not resolved by plea bargain, we will proceed to trial.

• Insufficient evidence showing you “willfully” did not pay your taxes
• Statute of limitations has run out on the charges
• Mistakes were made in what specifically needed to be reported or in underreporting
• Advice of CPA or CPA-developed tax return
• Reliance of counsel in completing tax return
• No taxes were due or owed
• Mistaken belief in the law

• You were not driving while intoxicated. 
• You did not commit a grossly negligent act that was so unreasonable and reckless as to create a high risk of death.
• Your actions did not cause the death of another. 

• You are now 18 years of age or older or the jurisdiction of the juvenile court terminated at least five years ago.
• You have not been convicted of a misdemeanor or felony as an adult that involves theft, fraud, sex offenses or certain drug offenses (crimes of moral turpitude).
• The court believes that you are rehabilitated.
• You do not have any pending civil litigation as a result of your juvenile offenses.

1. Up to one year in prison plus probation upon release.
2. Fines of up to $6000.
3. A financial donation to a battered women’s shelter or restitution to the victim.
4. A no contact order with the victim.
5. Community service.
6. Domestic violence counseling.

1. Self-defense or Defense of Others: You killed an individual to protect yourself or another from being killed, from suffering great bodily injury or from being raped, maimed or robbed.
2. Imperfect Self-defense: Often used with Battered Women’s Syndrome, you believed that you or another was in imminent danger and the force was necessary to defend against danger, but there was, in fact, no imminent danger.
3. Insanity: You did not understand the nature of your act when killing another and/or you cannot distinguish from right and wrong.
4. Accident: You had no intent to harm another, you were not acting negligently and you were not engaged in an unlawful act at the time of the murder.

On January 9, 2012, the IRS reinstated the Offshore Voluntary Disclosure Program (OVDP), which provides an opportunity for individuals with unreported offshore accounts to disclose this information, decreasing the risk of criminal prosecution. This is the third time the IRS has instituted OVDP; contact a tax fraud attorney in Ventura County for additional details on this important program. 

The current OVDP is similar to the programs the IRS had in place in the past with a few notable exceptions:   

There are no specific deadlines for submitting the application and information to OVDP.

Penalties are subject to increase; currently the highest penalty rate is 27.5% of the total aggregate value of unreported assets.

The IRS may end the program at will.

If you wish to participate in the OVDP, call an experienced California tax fraud lawyer for assistance in preparing the paperwork and documents, which include:

Filing all original and/or amended income tax returns for up to eight years.

Paying delinquent income taxes and related interest for up to eight years.

Paying accuracy-related penalties and/or failure to file penalties.

Individuals with less than $75,000 in the yearly aggregate may be eligible for a reduced penalty of 12.5%.

Call the Law Offices of Bamieh & Erickson, PLC, to speak with a Ventura tax fraud attorney if you are considering participation in the OVDP. We will speak with you confidentially and determine whether you are eligible to participate in the program. Call our office at (805) 643-5555; we are here to work with you and to protect your rights.

• Using a false handicapped placard (fines up to $1000 and 6 months in county jail)
• Manufacturing fraudulent driving licenses or DMV identification cards (fines between $250 and $1000 up to 1 year in county jail and mandatory sentence of 24 hours community service)
• Purchase or sale of vehicles with altered VIN numbers (up to 1 year in county jail and fines up to $1000)
• Tampering with a vehicle (1 year in county jail, with fines between $250 and $2000)
• Interfering with traffic control devices (fines up to $5000 unless the offense caused injury or death, in which case higher fines and jail time may be considered)
• Giving false insurance information to a police officer (fines up to $750, 30 days in county jail and a restricted driver’s license for 1 year)
• Filing a false car theft report (first offense carries fines to $1000, repeated offenses increase fine to $10,000 and incarceration in state prison)

In 2009, The California Supreme Court ruled that defendants could challenge a breathalyzer’s readings as evidence, since a number of factors can affect the readings

Here are just a few physical factors that can throw off a breathalyzer’s readings:

• Gender
• Body temperature
• Atmospheric pressure
• The calibration of the device itself
• An outstanding medical condition
• Recent vomiting or cigarette smoking
• Lack of officer training to ensure accuracy

In addition to physical factors, there are other ways the results of a breathalyzer can be inaccurate. Courts have found that there are too many variables on the roadside that can contribute to breathalyzer error. For example, police officers are required to observe a suspect for at least fifteen minutes before administering a breathalyzer. During this time, a suspect cannot drink any fluids or eat anything prior to the test.

If you need help fighting a DWI conviction in California, our experienced Ventura criminal defense lawyers can give you time-tested legal advice in your case. Call Bamieh & Erickson today at (805) 643-5555 for a free consultation.

In May, a man called Placer County Sheriff's 911 dispatch center in the early hours of the morning. The caller said that there was a man outside of his bedroom window peering into the room.

When police arrived, they found 43-year-old Steven Allen Shade, an Auburn parolee, creeping behind the caller's north Auburn apartment building. Upon investigation, officers discovered that Shade had entered the secured area behind the apartments through a hole in the fencing.

Although Shade had nowhere to run, he did not surrender to police. He forced a deputy to chase him from the Terracina Oaks Apartments complex and ignored the officer's requests to stop. It was when Shade reached into his pocket that the deputy used his Taser to bring Shade down.

Shade received treatment at a local hospital for removal of the Taser prongs before being brought to the Placer County Jail. He is being held without bail pending charges of resisting arrest, prowling, and violation of his parole.

If you are facing a third strike in California, our experienced Ventura criminal defense lawyers can help fight for your rights. Call Bamieh & Erickson today at (805) 643-5555 for a free consultation.

Unfortunately, there is no hard-and-fast rule. Depending on your situation, you could be charged with anything from an infraction to a felony. For example:

• If you cost of the vandalism damage is under $250 and you have never faced these charges before, you may only be convicted of an infraction. 
• If this is your second vandalism conviction, you will then be charged with at least a misdemeanor offense, resulting in hefty fines and community service.
• If you committed the act as part of a street gang, there is a special California enhancement for your crime. Also known as "tagging," this behavior is used to promote gang status, and prosecutors can file a gang enhancement to your charge.
• If the intent of the vandalism was to frighten or intimidate another person or group (such as slurs against another person's race, religion, or sexual preference) the person responsible may also be charged with a hate crime - turning the act into an automatic felony.

Whether this is an isolated offense or a third strike, our experienced Ventura criminal defense lawyers can help you get the charges against you dropped. If someone you love has been charged with vandalism in Ventura, call Bamieh & Erickson today at (805) 643-5555 for a free consultation.

California penal code section 666 states that any person convicted of theft for a third time can be charged with felony petty theft. Even if all previous offenses are considered petty theft (such as shoplifting), a felony conviction on the third offense can mean up to one year in state prison.

Many Californians believe that this section of law is unfair because it involves sending people to prison for misdemeanor offenses. The law was originally put in place to discourage repeat offenders: A study done on Orange County underage offenders found that between 8 and 12 percent of juveniles account for 60 percent of the crimes committed.

Fair or not, the law is still on the books and can be applied to your case if you are facing a third conviction of petty theft. Our experienced Ventura criminal defense lawyers can help you fight your petty theft charge, reducing the sentencing and working to get underage offenders' criminal records cleared.

If someone in your family has been charged with shoplifting in Santa Barbara, call Bamieh & Erickson today at (805) 643-5555 for a free consultation.

The biggest difference between the two charges is that disturbing the peace requires an intentional action on your part that could be perceived as violent or disruptive. In order to disturb the peace in California, a person must have:

• Engaged in public fighting or other violent conduct
• Provoked others with the intent of a violent reaction
• Made a loud or disturbing noise, and did not stop after being asked
• Disrupted the lawful activity of a person or group

Whether you have been charged with disorderly conduct or disturbing the peace, you will be facing a misdemeanor offense. If you are convicted, you will face up to 90 days in jail and possible fines up to $400.

Our trusted Ventura criminal defense lawyers have experience fighting against bogus charges and saving you the embarrassment of an entry on your criminal record. If you or someone in your family has been charged with disturbing the peace in Santa Barbara, call Bamieh & Erickson today at (805) 643-5555 for a free consultation.

Under California law, a "ransom" doesn't necessarily refer to a large sum of money. Consider these things that a jury may see as a "ransom":

• Property. Cars, houses, even family pets may be considered ransom demands if the alleged kidnapper requests that they be returned to him in exchange for the victim.
• Failure to act. A woman protecting her child from an abusive father may demand that he leave the family home or leave the state before she will return with their child.
• Ultimatums. Sometimes the alleged kidnapper wants something to change on behalf of the victim. The kidnapper may call relatives to demand that the child be placed in their care, or not be returned to a facility where they have experienced abuse.

As experienced Ventura criminal defense lawyers, we know that many kidnapping charges arise from misunderstandings, such as mothers only wanting the best for their children. However, many of these accused kidnappers will receive prison sentences, leaving those they love without proper care.

If you or someone you love is facing kidnapping charges in Santa Barbara, call Bamieh & Erickson today at (805) 643-5555.

A few factors that can turn your California trespassing case from civil to criminal:

• Unlawful entry. In some cases, merely entering restricted areas (such as farmland) may be deemed a criminal offense. Actions such as building a fire or shooting a firearm on private property may also be charged as criminal.
• Property theft or damage. If you removed or willfully damaged timber, plants, crops, livestock or structures on private property, you have committed criminal trespassing.
• Sign tampering. Since signs denoting private property boundaries must be posted at regular intervals by law, removing, defacing or otherwise tampering with signs count as criminal trespass.

As experienced Ventura criminal defense lawyers, we know that the facts in these cases must be presented clearly. A hiker wandering onto restricted farmland may mean no harm, yet he could still be charged with a misdemeanor or even a felony offense.

Don't take your chances in court. If you or someone you love is facing criminal trespassing charges in Santa Barbara, call Bamieh & Erickson today at (805) 643-5555.

However, there may be a way to retain your child's California driving privileges. Unlike criminal charges, the Zero Tolerance rule is enforced by the California Department of Motor Vehicles. Any appeal you make must be brought before the DMV.

A step-by step-guide to fighting your child's license suspension:

• Within ten days of arrest, your child must formally request a California DMV hearing. 
• Gather as much evidence as you can in your child's case, including any prior convictions for underage drinking and any mitigating circumstances of the current offense.
• If your child must drive because of the particular needs of your household (such as a disabled parent or single-parent home), you can apply for a critical needs restriction on your child's license, enabling him to drive short distances during the year of suspension. 
• Your child has a right to an attorney at his DMV hearing. An experienced Ventura juvenile defense lawyer can get your child's license reinstated and the offense stricken from his permanent record.

If your child is facing underage drinking charges in Santa Barbara, call Bamieh & Erickson today at (805) 643-5555.

But what they should know is that the evidence might not be as concrete as the prosecution thinks.

Learn which lawyers will fight for your rights in our FREE BOOK!

How to Hire a Lawyer in Santa Barbara County 

Police and federal investigators must follow the letter of the law when collecting evidence.  If any portion of the evidence was obtained through suspect means, such as illegal search and seizure, that evidence can be suppressed in court and cannot be used against you when the jury decides the case.

At Bamieh & Erickson, we know that a Ventura drug possession case hangs on the evidence.  How was it collected?  Did the authorities have a right to enter your home?  Was the evidence tampered with after collection?  The answers to any one of these questions could get the evidence thrown out-and your case dismissed.

Not all defense lawyers will know which questions to ask during a drug trial, but an effective Ventura criminal defense lawyer must make it clear that the defendant's rights were compromised.  To find out if evidence was illegally obtained in your case, call the criminal law team at Bamieh & Erickson today at (805) 643-5555. 

But the California Department of Alcohol and Drug Programs reports an overwhelming success rate among first-time DUI offenders-a misdemeanor offense in California.

Thinking of hiring an attorney? 

Learn what to look for in our FREE BOOK!

How to Hire a Lawyer in Santa Barbara County 

Defendants sentenced to court-ordered rehab for DUI can face treatment durations anywhere between three and eighteen months.  The time required in treatment for a first-time offender in California depends on the circumstances of the DUI.  For example:

•  All first-time DUI offenders must be in the program for a minimum of three months.

•  First offenders with a blood alcohol level (BAC) over .02 percent must attend the six-month program.

•  First offenders between the ages of 18-20 are automatically required to complete the six-month program.

The ADP offers a chance to avoid any future drug-related offenses by allowing offenders to catch their substance issues early.  An overwhelming 87% of first-time DUI participants completed the 3-month DUI program, resulting in the reinstatement of their driving privileges. 

If you have been charged with a criminal offense in Ventura County, consider calling Bamieh & Erickson today at (805) 643-5555.