Criminal Defense Attorney in Rancho Cucamonga
Serving all of San Bernardino County and the entire Inland Empire region
Are you facing criminal charges?
If you have been arrested or are the subject of a criminal investigation in Rancho Cucamonga, CA it’s important to seek legal counsel as soon as possible. With the possibility of imprisonment, heavy fines, and your reputation on the line, you simply can’t afford to gamble with your future.
Rancho Cucamonga Criminal Defense is committed to protecting the rights of the accused in San Bernardino County and throughout the Inland Empire. No matter what charge you’re facing — whether it’s a misdemeanor like shoplifting or Drinking Under the Influence (DUI), or a serious felony like robbery, rape, or murder — our priority is to provide you with the strongest defense possible to tip the scales of justice in your favor.
Top Notch Criminal Defense Attorneys Fighting For You
Rancho Cucamonga Criminal Defense is the partnership of two seasoned criminal defense attorneys with 37 years combined experience. Joshua P. Visco has been practicing criminal law since 2006 and has earned the unique distinction as a California State Bar Board Certified Specialist, a credential fewer than 1% of attorneys possess in the state.
As your attorney, I can offer something most other defense lawyers cannot — the prosecutor’s “playbook.” I know how prosecutors think because I used to be one. Early in my career, I worked in the hardcore gang unit of the San Bernardino County District Attorney’s Office responsible for prosecuting serious violent crimes.
David E. Wohl
If You Are A Suspect and Have Not Been Charged
If you are currently in pre-trial and are being investigated, you have the right to remain silent until you have an attorney present. You’ve heard the phrase — “anything you say, can and will be used against you in a court of law.” If you bring us on board, we will be there beside you to make sure the authorities are asking fair questions, and will instruct you to respond without incriminating yourself or to simply defer the question.
You Were Arrested Without Probable Cause
If a police officer investigated the alleged crime scene and made an arrest without compelling proof of guilt, charges may be dropped before a trial even begins due to insufficient evidence or improper procedure.
Career spans 27 years as a criminal defense attorney. When he’s not in the courtroom, you can catch him on Fox News programs “Kelly’s Court” and “America’s News Headquarters” where he serves as a legal analyst.
You Were Arrested And Bail Has Been Posted
You have been detained prior to trial and can be released if bail is paid. A suggestion to the court can be made to reduce or waive your bail altogether.
If You Know You Will Be Found Guilty
If you know you will be convicted of a crime, you may want to enter into a plea bargain with the prosecution. A plea bargain is a mutually agreed upon deal that reduces the charges to a lesser crime or lesser sentencing.
Taking a plea bargain is a huge decision. Together we will weigh the pro’s and con’s and move forward with a deal you feel comfortable with. If you are a minor charged with a crime, some courts will want to try you as an adult. We will present a compelling case to ensure you are charged as a juvenile.
Services When Your Case Goes to Trial
If your case goes to trial, you can count on us to be fully prepared on Day 1. Having tried many cases in the Rancho Cucamonga and San Bernardino counties, we have familiarity and experience in how the local courts operate.
In order to present a well-rounded case on your behalf, our firm recruits other legal professionals to provide expertise in a broad range of areas. The following are just some of the experts who can provide helpful counsel toward proving your innocence:
- Private investigators
- Forensic specialists
- Litigation consultants
Rancho Cucamonga San Bernardino Superior Court
If you’ve been charged with a criminal offense in Rancho Cucamonga, CA, your case will
be heard in the Rancho Cucamonga Superior Court located at 8303 Haven Avenue. The steps in the court process will vary according to whether the alleged crime is classified as a misdemeanor or felony. While many of the procedural steps are the same, there are some significant differences.
The following crimes are considered misdemeanors under the California Penal Code
- Driving Under the Influence (DUI)
- Driving on a Suspended License
- Disorderly Conduct
- Petty Theft
- Public Drunkeness
- Prostitution or other sex crimes
- Domestic violence
Penalties for Misdemeanors
- maximum $1,000 fine and
- up to one year in county jail
- revoked driver’s license
The following crimes are considered felonies under the California Penal Code
- white collar crime and fraud
- assault with a weapon
Penalties for Felonies
- more than a year in a county jail or a state prison
Certain offenses in California can be charged as “wobblers” — which means they can be filed as either a misdemeanor or felony. The determination is often made based on the circumstances of your case and your criminal history. The most common wobblers in California include burglary, assault with a deadly weapon, spousal battery, sex crimes and fraud charges.
Criminal Procedures in Rancho Cucamonga Court
If you are suspected of committing a crime, a law enforcement official will contact you. During this time, police may acquire a search warrant which would give them permission to access your home, business, or personal property for evidence in support of their investigation. Once the police have gathered the evidence they need, they will send your case to the District Attorney’s office. At this stage, the DA will either file charges against you, end the investigation with no charges, or request that the police pursue further evidence.
The best time to seek the legal services of Cucamonga Criminal Defense is when you are under investigation or have just been charged. The earlier you involve us in the process, the better off you’ll be. We can either convince the District Attorney to not pursue the case or consider reducing the charges. When you bring us on board, we can inform you of your rights and shield you from police questioning.
The worst thing you can do is speak to the police without an attorney present.
Law enforcement has the legal authority to arrest you if they have reasonable or probable cause to believe you committed a crime. An arrest usually occurs when a police officer witnesses the crime firsthand or has obtained an arrest warrant.
Being arrested does not imply automatic guilt. The police are still in the process of gathering evidence for the prosecuting attorney to decide if charges should be filed and if so, what those charges will be.
While in police custody, you will be taken to the West Valley Detention Center, also known as the San Bernardino County Jail in Rancho Cucamonga where you will be fingerprinted, searched, and possibly questioned.
Upon arrest, one of three things will happen:
- no charges will be filed and you will be released
- bail is posted and you are released of your own recognizance but agree to appear in court for future arraignment
- remain in jail and brought to court for arraignment
Initial Appearance or Arraignment
Your first appearance in court will be to go before a judge for an arraignment on the felony or misdemeanor complaint. If you have been charged with a felony, you must be brought before a judge in the lower court within 24 hours of your arrest.
During an arraignment, the judge will read the complaint which states the specific charges the District Attorney is accusing you of committing. You will respond to the charges by entering a plea of either Not Guilty, Guilty, or No Contest.
If you are still in custody at the time of our arraignment, Rancho Cucamonga Criminal Defense will try to have you released either of your own recognizance or assist you on posting bail. Bail is money or property used as collateral to ensure you will return for future court dates. The amount of bail will depend on a few factors such as the severity of the crime and whether or not you are considered a threat to the public or a flight risk.
Preliminary Hearing For Felony Charge
If you have been charged with a felony and entered a Not Guilty plea, a judge or magistrate will schedule a preliminary or probable cause hearing ten days after your arraignment.
At this hearing, the prosecution must provide the court evidence to establish that a crime was committed and that there is probable cause you are the perpetrator. Criminal Defense Attorney Visco or Wohl will have the opportunity to attack the prosecution’s evidence as well as cross examine any witnesses.
The overall purpose of the preliminary hearing is not to determine guilt beyond a reasonable doubt but rather to see if there is enough evidence to proceed to a trial.
Upon hearing arguments from both the prosecution and defense, the judge will either
- hold you over for trial in the Superior Court or higher court
- downgrade felony charge to misdemeanor
- dismiss charges altogether
Second Arraignment in Higher Court for Felony Charge
If the judge concludes that there is probable cause you committed the crime, you will be arraigned in the upper court, also known as the Superior Court. At the arraignment, a judge will schedule a future trial date. You have a right to a speedy trial which can take place 60 days from the date of your arraignment in the Superior Court.
Two to three weeks after you enter a plea at your arraignment, the court will set a pre-trial conference. This conference is an opportunity to negotiate with the prosecutor in an attempt to settle the case without having to go to trial.
Discovery Phase: During the proceeding, the prosecutor has an obligation to disclose all the evidence they intend to present if the case goes to trial, including police reports, lab reports, witness statements, etc. Criminal Defense Attorney Josh Visco or Dave Wohl will scrutinize all the evidence to identify weaknesses in the prosecutions case. During this time we can file motions such as the motion to suppress evidence and get the case thrown out or we can attempt to negotiate a plea deal.
Plea deals usually involve pleading guilty in exchange for a reduction in charges and/or alternatives to imprisonment, which may include:
- paying restitution to victim
- completing a counseling program or doing community service
If a plea deal cannot be reached, your case will proceed to trial.
California’s Three Strikes Law
If you have prior felony convictions on your record, a district attorney may try to use California’s Three Strikes Law to enhance your punishment for the crime you are currently being accused of committing.
A “strike” is a conviction of a serious or violent felony. If you already have one strike
against you on your record and pick up a second strike, your sentence for your current conviction would double. For example, if you were sentenced to 2-4 years in prison, it would be increased to 4-8 years. On the other hand, if this is your third strike, and you’ve had 2 prior felony convictions, you would face a minimum of 25 years to life in prison.
The Three Strikes Rule is one of the harshest sentencing schemes in the country. In 2012, the rule was amended under Prop 36 because individuals who received a second or third strike were receiving 25 years to life for felonies that were non-violent. Today, a harsh penalty will only be imposed if a subsequent felony is serious or violent. For example, if your third strike was felony shoplifting or felony DUI you would not “strike out” and face the mandatory 25 years to life sentence.
If you are in a position where you are facing your second or third strike, Cucamonga Criminal Defense will vigorously fight to protect your freedom. We have successfully handled many “three strikes” cases and know what it takes to achieve a favorable result. Depending on the facts of your case, we can strive to reduce a prior felony conviction to a misdemeanor or change a current charge from being a strike offense to a normal charge.
In California, you have a right to a jury trial with 12 jurors in your community selected. The prosecutor must prove beyond a reasonable doubt that you committed the alleged crime. All 12 jurors must be unanimous in their verdict. If you are found guilty, you will attend a sentencing hearing where a judge will state your punishment. You may appeal a felony conviction within 60 days
The criminal defense attorneys at Cucamonga Criminal Defense have an excellent track record litigating in court and will fight vigorously to preserve your freedom.
If you need a qualified criminal defense attorney in Rancho Cucamonga, CA, call us today to schedule a Free consultation 909-689-4292
Criminal Defense Law Blog
One of the most problematic issues associated with the United States today is concerns over prison overcrowding. Being sent to prison after being convicted of a crime as an overwhelming experience for you as an individual, but it is even more troublesome if you are...
The Stanford Criminal Justice Center and the Opportunity Institute recently worked together to release a joint study indicating that California leads the country in terms of providing high quality college education opportunities to formerly incarcerated and currently...
Any allegation of violent crime is a serious matter. If more people are concerned about violent crimes, police officers might dedicate more of a presence to responding to these reports. When more government resources are directed towards responding to and accusing...
If you have recently been convicted of a crime, it’s natural to be concerned about what to do following that. A not guilty verdict will typically end a criminal case. This means that the prosecution is unable to appeal an acquittal. However, the case is not...
Success and regular appearance on Fox News
Dave Wohl is tenacious and compassionate. A great pair of qualities for an attorney. Dave helped us prevail on a case that was intense, to say the least. Can’t say enough good things about the man and this firm........
I recently found myself falsely accused of physical and sexual abuse of my own daughter. Child protective services detained her and filed two separate petitions against me and asked the court to find those allegations true! Having no other option I hired attorney David E. Wohl. Mr. Wohl has been spe.......
I was facing 45 years to life after being charged with child molestation and continuous sexual abuse of a child. Attorney David Wohl investigated my case and worked hard for months until he finally got the D.A. to agree to an eight-year sentence. I will be out of custody in plenty of time to see my .......
Soon after I was charged with drunk driving, I learned that my blood alcohol level was .08. I thought I would have no choice but to plead guilty to DUI with all the extreme consequences that go with it. Attorney David E. Wohl went to court for me and worked hard to get my charges reduced to a simple.......
I was charged with possession for sales of drugs, cultivation and possession of more than $25,000 in drug proceeds. Attorney David E. Wohl worked tirelessly on my case from the day he got it. In the end I will end up with nothing more than a misdemeanor on my record—probation and no jail time! I a.......
I was halfway through my three years of probation for my DUI conviction when I found out that to keep my job and become a U.S. citizen, I needed to clear my record. Attorney David E. Wohl filed a motion with the court to expunge my conviction and to terminate probation. I just found out the motion w.......
I am ecstatic with the results and very happy to have your help. I am recommending you to anyone I meet who needs a lawyer for criminal cases. Plus I liked that you got us out of court early considering how full it was. That made me feel special! I’ll be doing my com.......
One night last year I made the mistake of driving after I had been drinking. I crashed my car on the 405 freeway and ended up seriously injuring one of my best friends, who was riding in the passenger seat. Next thing I knew I was in jail, charged with two felonies. At.......
For many years I had legal guardianship over my sister’s daughter. Her behavior eventually began to deteriorate. The next thing I knew she fled my home and began to make allegations of abuse and neglect to Child Protective Services. CPS then filed a petition to remov.......
After my teenage sons were allegedly involved in an incident of serious horseplay I got a notice from the state that my oldest son was being placed on the Central Child Abuse Index. I was outraged as this listing could ruin his life even before he’s done with high sc.......
After I was arrested for DUI on a US Army base I found myself with a date in Federal Court, completely unaware of what kid of trouble I was facing. My blood alcohol level was .12 and I was prepared for the worst! That’s when I called Mr. Wohl for help. Attorney David E. Wohl fought hard for me an.......
Josh represented me at trial on a very serious case. I was looking at 8 years in prison and a lifetime of registration as a sex offender for a crime I didn't even commit. The entire experience was stressful and terrifying. Throughout the entire case, Josh was calm and reassuring.......
This firm is great. I was represented by David E. Wohl, Senior Associate Attorney. He is an aggressive attorney who fought tirelessly to get all three felonies dismissed. I was facing possible prison time, restitution, and probation. Through his representation I am free of all felonies. I would use .......
I felt that I needed to give an update regarding my case (which has been resolved for months now); my first review gave this law firm and David Wohl 5 stars, and now I wish I could give them more. After my case was resolved, the police did not want to release my property, and refused to do so for mo.......
Dave Wohl is tenacious and compassionate. A great pair of qualities for an attorney. Dave helped us prevail on a case that was intense, to say the least. Can't say enough good things about the man and this firm........
Josh did an outstanding job helping me resolve a case. I was sued by an insurance company for installing faulty plumbing. This accusation had no merit. Josh was able to convince the insurance company to dismiss the case with prejudice early on in the lawsuit........
I found Mr. Visco to be extremely knowledgeable when it came to his ability to defend me in a civil lawsuit last year. He kept me informed every step of the way and was always very professional with his demeanor in answering my endless stream of questions. He did win the case for me and I was extrem.......