How We Can Help
The Law Offices of Mark A. Berg
1515 Lincoln Way
Auburn, CA 95603
Phone: 530.823.7700 or 916.773.7100
Fax: 530.889.1711
Free Consultation
We accept Visa, MasterCard, Cash, and Checks.
We are a full service criminal law firm and handle most criminal law matters. Please see the criminal defense areas below and click on the link for more information on how we can help you.
Allegations of sex crimes are some of the most serious charges a person can face. This is one of the types of cases that brand a person for life. Sex charges carry with them a stigma in the community and are taken very seriously by the District Attorney with very serious consequences. Not only can you face prison or jail time, you also may be required to register as a sex offender for life and be required to go to a sex offender program for an indefinite amount of time. You may also find your picture and address listed on the Megan’s Law website.
You should immediately hire an attorney so that attorney can begin speaking with the District Attorney.
The process works as follows: after the arrest, the arresting agency will forward the police reports to the District Attorney who reviews them to determine if there is enough evidence to charge the alleged offense. If they believe there is they can charge misdemeanor or felony charges not withstanding what the officer charged. Misdemeanor charges can mean up to one year in jail and felony charges can mean state prison. What the officer does not do is take the time to determine who the victim is, who you are and what the circumstances were surrounding the alleged abuse.
After the arrest you should exercise your right to remain silent and not speak to anyone about your case. If the alleged victim calls you, you should not talk to that person either. The only person you should speak to is an attorney.
If you have retained us prior to the arraignment (1st court date), we attack the allegations by contacting the District Attorney’s office before the arraignment and explaining who you are and what the circumstance are so they have all the facts before deciding to file or possibly being convinced not to file.
If the District Attorney decides to file against you we then go to work evaluating your case by reviewing and analyzing the evidence against you to determine the course of action which will assist you in resolving your case by either dismissal, through negotiation or at trial.
Protect yourself and contact an attorney immediately after your contact with law enforcement and do not speak any further about your case to anyone but an attorney.
When a child under the age of 18 is found to have committed a crime, he can be made a ward of the juvenile delinquency court. If a child is made a ward, the court effectively becomes a third parent to the child. The court then has the right to: place the child on formal probation with terms and conditions that affect the entire family; remove the child from the parent’s home and place him in juvenile hall, group home or boot camp; move the child to a different school; delay or suspend the child’s right to drive. Some charges will affect the child’s future by excluding him from the military, making her ineligible for federal student loans, preventing him from sealing his records. Some charges will count as strikes under California’s “Three Strikes” law. Children have the same constitutional rights as adults, except for the right to a trial by jury. It is important to understand all of your rights and all of the possible consequences of your actions before proceeding with your delinquency case.
Allegations of Domestic violence charges can be devastating. The consequences of a domestic violence conviction are as follows:
-
possible county jail or prison (if jail you will not be eligible for electronic monitoring or home arrest);
-
minimum of three years probation;
-
$200 assessment fee;
-
$5000.00 maximum fine;
-
$200 restitution fine;
-
$100 assessment to a women’s center;
-
52 week (2 hours a week) batterer’s class ($40 per class);
-
20 hours of community service;
-
must not be in possession of any guns for 10 years under state law with a federal lifetime ban;
-
be forced to pay for any victim restitution claimed by the victim for counseling, medical, physical damages, etc.;
-
have a restraining order imposed on you to stay away from the victim for three years, even if the victim wants contact.
The process works as follows: after the arrest, the arresting agency will forward the police reports to the District Attorney who reviews them to determine if there is enough evidence to charge the alleged offense. If they believe there is they can charge misdemeanor or felony charges not withstanding what the officer charged. Misdemeanor charges can mean up to one year in jail and felony charges can mean state prison. What the officer does not do is take the time to determine who the victim is, who you are and what the circumstances were surrounding the alleged abuse.
If you retain us prior to the arraignment (1st court date), we attack allegations of domestic violence by contacting the District Attorney’s office before the arraignment and explaining who you are and what the circumstance are so they have all the facts before deciding to file or possibly being convinced not to file.
If the District Attorney decides to file against you we then go to work evaluating your case by reviewing and analyzing the evidence against you to determine the course of action which will assist you in resolving your case by either dismissal, through negotiation or at trial.
Protect yourself and contact an attorney immediately after your contact with law enforcement and do not speak any further about your case to anyone but an attorney.
Felonies are the class of criminal offenses that involve the most serious crimes. That is because they carry the potential for a State Prison sentence as compared to a sentence involving County Jail. Some felonies can be reduced to misdemeanors (“wobblers”) and some felonies can be sentenced to the County Jail or may allow the defendant to apply for an alternative sentence.
Misdemeanors are crimes that have a sentence of up to one year in the County Jail. Most misdemeanors allow the defendant to apply for an alternative sentence.
Information coming soon.
Infractions only involve a fine, but can have collateral consequences such as points on your DMV record that could lead to a suspension of your driver’s license.
Drug charges run the gamut of criminal charges. Generally drug charges are separated by possession of drugs, possession for sale of drugs, or the manufacturing of drugs. What is critical for an attorney to know on behalf of their client, is the potential sentence for each drug charge and whether there are any enhancements that increase the penalty, alternative programs for drug clients such as Diversion and Proposition 36, and most importantly, treatment options.
Embezzlement generally involves an employee because of “life pressures” that betrays the trust of their employer. An attorney that is familiar with Restitutions, the facts that mitigate the case, can further the best interests of their client. Theft covers a range of crimes from Petty Theft to Identity Theft to Burglary. An attorney that is familiar with the sentencing laws of each crime, the consequences of the defendant’s plea or conviction, and alternatives such as “D.A. Diversion”, may make the difference in a case.
Probation violations (VOP) are common. The difference is understanding the significance of a VOP, what the likely outcome is, and how to a) defend, b) mitigate, or c) propose an alternative solution to the Probation Officer or District Attorney that is in the defendant’s best interest.
The law of search and seizure requires a lawyer to stay current with the law, know how to file a motion to suppress, and appeal an adverse ruling. Having a Motion to Suppress granted may result in the dismissal of the criminal case.
Knowledge of what constitutes a strike, how to have a strike dismissed by the Court (Romero Motion), and the severe consequences of having your client’s sentence doubled, or in a two strikes case your client sentenced to 25 years to life, requires an experienced attorney who understands the complexity of the Three Strikes Law
Penal Code Sections 1203.3 and 1203.4 allows a defendant to have their probation terminated and their record cleared. An attorney who understands how to properly draft a “Motion to Expunge” increases the possibility a Judge will grant the motion. For some cases the Court is required to grant the motions.
The suspension of a person’s driver’s license can have severe consequences for everyday life. An attorney who understands the law of DMV hearings and what Hearing Officers can and can’t do, how to appeal adverse rulings, and in particular how to timely set the hearing up, can make the difference as to whether you keep or lose your driver’s license.
