Hinkle, Jachimowicz, Pointer & Emanuel Law

Finding Out About Embezzlement

When you’ve been charged with embezzlement one of the first steps to take is to educate yourself on the associated penalties.

This clip takes a closer look at how to research possible penalties for embezzlement. Embezzlement refers to the acquisition of property by a person in a trusted position from a company—and therefore has both civil and criminal penalties. Watch this full video clip to learn more about researching your state’s specific penalties.

Embezzlement cases require the assistance of a qualified criminal defense attorney. Let the criminal lawyers with the San Jose Hinkle, Jachimowicz, Pointer & Emanuel Law firm help you understand your legal options by contacting us at (408) 916-1413 or checking out our website.

The Proceedings of a Criminal Case

While no two criminal cases are exactly alike, the basic proceedings remain the same.

This video provides an overview on the stages of a criminal case.  These cases can be broken down into three sections: the arrest followed by booking and bail, the arraignment and plea bargain, and the trial sentencing and appeal process. Check out this full clip for more information on each stage.

Make sure your legal rights are protected by contacting a criminal defense lawyer immediately following your arrest. For more information on our practice areas, give our San Jose attorneys; Hinkle, Jachimowicz, Pointer & Emanuel Law a call at (408) 916-1413 today!

Why You Should Seek Legal Help When Facing Rape Charges

Under Section 261 of California’s penal code, rape is defined as an act of sexual intercourse performed on an unwilling individual. This may include individuals who are incapable of giving legal consent due to physical disabilities or mental disorders, those who are forced into the act by violence or fear, or those who are unconscious due to intoxicating or anesthetic substances. Unfortunately, a number of date rape charges are the result of a misunderstanding between individuals or may be filed as retribution for a previous action. Regardless of the situation, being accuses of date rape or sexual assault can have dire consequences. Read on for more information on the reasons to seek the counsel of an experienced criminal lawyer when facing rape charges.

Evaluation of Your Case

It’s no surprise that police officials tend to take the side of the accuser when it comes to date rape, and sexual assault as it is often a “he-said, she-said” situation. Unlike police and the public, a criminal defense lawyer will listen to the details of your case and determine the best course of action. It is important to disclose any and all information regarding the events with your attorney so that they can determine the strengths and weaknesses of your case, as well as any weaknesses that may be used against the accuser.

Defense in Court

A qualified attorney will not only help you fight a date rape charge but will also defend you in the event your case goes to trial. A lawyer can also help navigate the appeals process for individuals who are convicted of rape or sexual assault charges.

Don’t let a misunderstanding ruin the rest of your life. Get the legal representation you need for criminal sexual assault convictions by contacting our San Jose attorneys with Hinkle, Jachimowicz, Pointer & Emanuel Law at (408) 916-1413. 

The Differences Between Legal and Illegal Traffic Stops

All police officials must have a legal reason to stop a driver. Unfortunately, not all officers act in accordance with California’s laws regarding DUI traffic stops. Learn more about legal and illegal traffic stops to determine when you should contact a DUI lawyer or traffic violation attorney.

In order to legally stop a driver, the officer executing the stop must be able to prove that there was a legal basis or probable cause to do so. For example, the driver must have been driving with excessive speed, swerving in between lanes, failed to yield, failed to stop at a red light, or exhibited other negligent driving behaviors. Individuals who are pulled over, ticketed, or arrested without probable cause may be released from their charges with the help of a qualified attorney.

It is important to remember that any information obtained during an illegal traffic stop may be suppressed or dismissed from the case. This includes breathalyzer results and other blood alcohol tests that are obtained through an illegal stop. A DUI lawyer will research the details and circumstances regarding your traffic stop as well as interview any witnesses to determine if the information obtained by police officials is applicable or whether it may be excluded from your case to avoid unwarranted charges. An attorney will also review the police records themselves for inconsistencies or evidence of illegal action.

With over 20 years of experience handling DUI cases, the DUI attorneys and drug lawyers with Hinkle, Jachimowicz, Pointer & Emanuel Law are ready to defend your legal rights. All of our attorneys are highly experienced and have an in-depth understanding of California state driving laws. For more information on our practice areas, attorneys, or to learn more about the court process contact our San Jose office at (408) 916-1413. You can also visit us online to set up a free consultation.

Common Prescription Drug Offenses and How an Attorney Can Help

In the state of California, criminal charges can be issued for the possession and sale of both illegal drugs and illegally prescription drugs. This is because a number of prescription drugs lend themselves to abuse. Because prescription drugs can be obtained legally and then sold on the black market, more and more individuals are being charged with prescription drug offenses. Fortunately, an experienced San Jose drug lawyer can help defend your legal rights when facing charges for common prescription medications.

Some of the most common prescription drug cases involve the possession or sale of Xanax, OxyContin, HGH or human growth hormone, steroids, and amphetamines like Adderall. Criminal offenses involving these drugs may involve but are not limited to doctor shopping in order to obtain multiple prescriptions, obtaining prescription drugs through the use of forged prescriptions, forgery of a physician’s signature, and the theft of a physician’s prescription booklet. Additional prescription drug offenses may be the result of obtaining controlled substances by falsely assuming the title of a manufacturer, wholesaler, pharmacist, physician, dentist, physician’s assistant, registered nurse, or other authorized medical personnel. According to California's Health and Safety Code 11368, any individual who is convicted of forging or altering prescriptions in order to obtain any type of narcotic drug shall be punished by imprisonment in the county jail or state prison for no less than six months but no more than one year.

Fortunately, a qualified drug attorney can defend your case and help reduce or dismiss the charges. In some cases, an attorney may simply have the courts change the conviction to a lesser charge in order to obtain reduced penalties. The drug fraud attorneys with Hinkle, Jachimowicz, Pointer & Emanuel Law have defended a number of individuals who committed drug fraud due to an addiction to painkillers following a serious injury or accident.  In addition to defending these cases, our attorneys can also help our clients seek addiction treatment. Get the legal representation you need after being charged with illegally selling or obtaining prescription drugs by contacting our firm at (408) 916-1413.