Criminal Defense Practice
Accused of a crime?
You still have options.
The Igarian Law Firm aggressively defends those accused of crimes across all California courts. Many people assume the outcome is already decided. It is not. Consultations are always free and confidential.
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Drug & Gun Charges
California has one of the strictest gun law frameworks in the nation. Couple that with the war on drugs, and it is clear how seriously a gun or drug charge must be taken. A conviction can wreck your personal life and your finances. Being arrested for a drug or weapons charge requires a knowledgeable criminal defense attorney who can fight to reduce or drop your charges.
Penalties & consequences
- Lengthy jail or prison time
- Substantial fines
- Possible immigration consequences, including deportation
- A strike under the Three Strikes Law (if a felony)
- Disclosure required on job applications
- Suspension or denial of a California professional license
- Loss of the right to own a firearm
- Loss of the right to serve on a jury
- Loss of voting rights
Drug crimes we handle
- Possession of a controlled substance
- Possession with intent to sell
- Sale or transportation of a controlled substance
- Drug trafficking
- Manufacturing a controlled substance
- Under the influence of a controlled substance
- Federal drug charges
Firearms charges we handle
- Felon in possession of a firearm
- Carrying a concealed firearm
- Possession of a firearm on school grounds
- Carrying a loaded firearm in public
- Possession of an assault weapon
- Possession of a silencer or stun gun
- Assault with a firearm
- Assault with a deadly weapon
- Brandishing a weapon
- Shooting at a dwelling, vehicle, or aircraft
Common defenses & tactics
Evidence obtained through an illegal search or seizure can be thrown out, which may significantly reduce or even dismiss charges.
Evidence obtained through a Miranda violation can be suppressed, which may also reduce or dismiss charges.
Most drug or gun charges require proof of actual or constructive possession. If it was not found on you, the prosecutor must prove you had knowledge and the right to control or access it.
If you truly did not know about the drug or gun, you cannot be convicted.
Cases built on limited or circumstantial evidence can be fought with proper investigation and witness interviews.
If you are arrested for a drug or weapons violation, exercise your right to remain silent and contact an experienced criminal defense attorney immediately. Do not give a statement or talk to law enforcement.
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Financial & White-Collar Crimes
Financial crimes typically involve non-violent offenses committed by individuals of professional standing. Though often not perceived as serious as violent crimes, these charges are generally classified as felonies under California law and frequently result in prison sentences. They demand extensive investigation and a complex legal strategy. Consequences vary with the alleged loss, your role, the number of victims, and whether charges are filed in federal or state court.
Charges we handle
- Mail fraud
- Healthcare fraud
- Insurance fraud
- Petty theft
- Grand theft
- Receiving stolen property
- Extortion
- Identity theft
- Money laundering
- Forgery
- Bribery
- Embezzlement
- Credit card fraud
- Commercial burglary
- Federal financial crimes
Common defenses & tactics
Most financial crimes require specific intent, which the prosecution often struggles to prove. Actions may have been unintentional or misinterpreted.
Charges sometimes result from false accusations, framing, or wrongful arrest driven by mistakes or emotion.
Cases built on limited or circumstantial evidence can be challenged through investigation and witness interviews.
Law enforcement may have coerced someone into committing a crime they otherwise would not attempt.
Improperly obtained evidence may be excluded, potentially reducing or dismissing charges.
Evidence obtained without proper Miranda warnings may be suppressed, weakening the prosecution.
Upon arrest, exercise your right to silence and immediately contact an experienced criminal defense attorney. Avoid statements to law enforcement. Convictions carry serious consequences including imprisonment, substantial fines, and a permanent record.
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Serious & Violent Felonies
In California, a felony carries a maximum sentence of more than one year in prison. Some felonies are 'wobblers' that can be reduced to a misdemeanor, but the most serious are straight felonies. Most felonies are punishable under Penal Code §1170(h) by 16 months, 2 years, or 3 years. Serious and violent felonies carry far heavier terms, up to life in prison. Being investigated or charged requires a knowledgeable attorney who can fight to get charges reduced or dropped.
Serious & violent felonies (each counts as a strike)
- Murder
- Attempted murder
- Mayhem
- Rape
- Assault with a deadly weapon
- Any felony punishable by life in prison or death
- Burglary
- Robbery
- Arson
- Kidnapping
- Grand theft
- Extortion
- Criminal threats
- Carjacking
Collateral consequences of a conviction
- Disclosure required on job applications
- Denial or suspension of a California professional license
- Loss of gun rights (10 years or for life)
- Loss of the right to serve on a jury
- Loss of voting rights
- A strike under the Three Strikes Law
- Possible immigration consequences
Common defenses & tactics
Evidence obtained through an illegal search or seizure can be thrown out, which may significantly reduce or dismiss charges.
Evidence obtained through a Miranda violation can be suppressed, which may also reduce or dismiss charges.
Most serious felonies require specific intent, which is very hard to prove beyond a reasonable doubt. Your actions may have been accidental or misinterpreted.
If you reasonably believed you were in immediate danger and used necessary force to defend yourself, you are not guilty of the underlying crime.
People can make mistakes or act out of anger or jealousy, leading to false accusations.
Cases built on limited or circumstantial evidence can be fought with proper investigation and witness interviews.
If you are arrested for a serious or violent felony, exercise your right to remain silent and contact an experienced criminal defense attorney immediately. We want to hear your side of the story and may be able to get your charges reduced or even totally dismissed.
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DUIs
A DUI arrest can be frightening. Many people assume they have no chance and plead guilty without consulting a good DUI attorney. The penalties, including hefty fines and a driver's license suspension, can be devastating. But there are many ways a DUI can be fought and won, and having the right attorney on your side makes all the difference.
DMV process: time is of the essence. Your license can be automatically suspended unless you contact the DMV within 10 days of your arrest to request a hearing. We can place a stay on your license so you can keep driving while we fight your case, then fight the suspension at the DMV hearing.
DUI penalties
- 1st DUI: up to 6 months jail; $390–$1,000 fine; 3, 6, or 9-month alcohol class; 6-month license suspension with IID
- 2nd DUI: 4 days to 1 year jail; $390–$1,000 fine; 18 or 30-month alcohol class; 1-year suspension with IID
- 3rd DUI: 120 days to 1 year jail; $390–$1,000 fine; 30-month alcohol class; 2-year license suspension
- DUI with injury (misdemeanor): 5 days to 1 year jail; $390–$5,000 fine plus restitution; 3, 18, or 30-month class; 6-month suspension with IID
- Felony DUI: 16 months, 2, or 3 years state prison; $390–$1,000 fines; 18 or 30-month class; up to 5-year suspension
Common defenses & tactics
An officer needs reasonable suspicion to make a traffic stop. If proper procedure was not followed, the evidence can be thrown out.
An officer needs probable cause to conduct a DUI investigation and arrest. An unlawful arrest can get the evidence suppressed.
These optional tests can be attacked by explaining other causes such as fatigue, clothing, physical disability, or allergies.
Improper administration of blood or breath tests (15-minute observation, calibration, collection, storage) can lead to a favorable plea, dismissal, or not-guilty verdict.
The prosecution must prove you were impaired at the time of driving. If your BAC was still rising when you were stopped, you may not have been under the influence while actually driving.
Stay calm, be polite, decline any optional field sobriety tests, exercise your right to remain silent, and contact us immediately. We have a proven track record and may be able to get your charges reduced or even totally dismissed.
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Expungements
An expungement releases you from most of the negative consequences of a conviction. In today's competitive economy, being able to put one past mistake aside and state that you have a clean record matters. Penal Code §1203.4 is the California procedure that releases an individual from virtually all penalties and disabilities arising from a conviction.
Who is eligible
- You successfully completed probation for the offense, AND
- You did not serve time in state prison for the offense
Who is NOT eligible
- Currently charged with a criminal offense
- On probation for a criminal offense
- Serving a sentence for a criminal offense
- Those convicted of certain sex crimes are also not eligible
What an expungement does
- You can legally answer 'No' if an employer asks whether you have been convicted of a crime
- Your guilty plea is withdrawn and a not-guilty plea is entered
- Your record shows the underlying case as dismissed
- It can help you obtain a state professional license
- You cannot be impeached with the expunged conviction as a witness in a civil case
- You can close that chapter of your past and move on
What it does NOT do
- Overturn a driver's license suspension
- Restore gun rights that were taken away
- Erase a strike: it still counts as a strike for future purposes
- Prevent the conviction from enhancing a future sentence
- Remove the disclosure requirement for government jobs (but you may note 'Dismissed per PC §1203.4')
Even if you violated probation, the court can still find you a good candidate for expungement in the interest of justice. We have had great success in such cases. Contact us now to see if you are eligible.
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