Criminal Defense Resources

Have you ever heard of Isaac Newton's first law? It states that "Every body persists in its state of being at rest or of moving uniformly straight forward, except insofar as it is compelled to change its state by force impressed."
Stated another way, bodies in motion tend to stay in motion, bodies at rest tend to stay at rest unless a force is acted upon them. This rule is also known as "inertia". At The Ertz Law Group we have taken this centuries old truth and modified it for the service of our clients who stand accused of criminal offenses.
Likewise, the concept of Custodial Intertia proclaims that "people in custody tend to stay in custody and people out of custody tend to stay out". In speaking to hundreds of clients, we have come to understand that their number one priority is retaining their freedom. This means the freedom to earn a living at the job of your choice, freedom to be with loved ones and take care of your family. Every aspect of your essential need for freedom underlies the advice we provide and the courtroom services we render to all clients of The Ertz Law Group.*

In California, a 'strike' is a felony offense that is designated as either serious or violent. Strikes increase the maximum possible punishment for all future felony charges. During the 1990s, California Voters approved the "3 Strikes Law". Essentially what the law does is elevate certain criminal offenses defined under the law as "serious" or "violent" from standard charges on a person's criminal record into offenses that forever alter the way that the criminal law perceives a person. The strike offenses are listed in Penal Code § 1192.7(c) and 667.5 (c) and encompass the most serious offenses (think murder, arson, rape, robbery, crimes causing great bodily injury etc.). Upon conviction of such a charge a person's status under the criminal law is permanently altered. First, upon conviction of a new felony charge (including a non-strike e.g. grand theft), having one prior strike conviction on a record doubles the length of prison time that a judge may impose on a person. So for example, a charge of grand theft (PC § 487, theft of $400.00 or more) which normally carries a maximum sentence of 16 months, 2 years or 3 years. In the event of a previous conviction for a strike offense (e.g. a robbery conviction in 1993) the maximum that a Judge can now punish a person for grand theft increases to 32 months, 4 years or 6 years! In the event of two prior strikes, (e.g .1993 Robbery and 1996 Assault causing great bodily injury) the maximum penalty a Judge may impose is 25 years to Life in State Prison. Strike 3 you're out!* That is why all The Ertz Law Group consultations contain an extensive discussion of a person's criminal history. *For information purposes only, NOT intended as legal advice. Consult an Attorney before making any legal decision.

A Trial Readiness Conference is a supervised negotiation between the Prosecutor and the Defense Attorney conducted in the chambers of the Judge presiding over the case.
The vast majority (well over 90%) of San Diego criminal cases do not make it to trial. California Criminal Procedure allows the parties to a case (the People of the State of California and the Accused) to resolve a case short of trial as long as both sides can agree on an acceptable outcome.
The People are represented in these negotiations by the Office of the District Attorney. The Accused are represented by a Defense Attorney. At periodic intervals throughout the case, the parties come together to meet and confer on possible case resolutions.
Sometimes these negotiations take place in the chamber of the Judge presiding over the case. This judicially supervised negotiation is called a "Readiness Conference". Because so many cases are resolved at this stage in the proceedings, attorneys at The Ertz Law Group spend the days and weeks before these negotiations intensely preparing to present the individualized stories of our clients to the Judge and Prosecutor.
We have found that a well organized presentation often leads to amazing case results for our clients through these negotiations.*
*For information purposes only, NOT intended as legal advice. Consult an Attorney before making any legal decision.

A Preliminary Hearing is a Court proceeding during which the Prosecutor must prove to a Judge that the charged offenses are reasonable in light of the available evidence. A preliminary hearing is a right guaranteed to the accused in all felony cases. Prior to the American Revolution His Majesty, King George III of England had an annoying little habit of ordering American Colonists jailed without ever formally charging them or giving them a Court date. After Independence, the American Framers set out to protect citizens from such arbitrary detentions. They achieved this goal by inserting a member of the Judiciary to oversee the Executive's prosecution of crimes. Today that spirit lives on as a Preliminary Hearing. During the hearing a Magistrate, usually a Superior Court Judge, listens to witnesses summoned by the District Attorney. Based solely upon that testimony and any additional testimony offered by the Defense Attorney, the Judge decides whether or not a crime has been committed and if so, is it reasonable to suspect that the accused did it. If the answer is affirmative, the accused must stand trial. If the answer is negative, the case is over and the defendant is free. At The Ertz Law Group, prior to the preliminary hearing our attorneys sit and prepare personalized legal strategies for our clients so that we may optimize this uniquely American opportunity to assert a defense.*

If you receive a letter from the District Attorney informing you of pending charges and a future Court date, contact an attorney immediately and put the date in your personal calendar. Failure to appear will lead to a warrant for your arrest.
It happens. You go to the mailbox and to your dismay there is a letter addressed to you from the office of the District Attorney informing you that you have been accused of a criminal offense and need to come to court on a specific day at a specific time. This is called a notify letter.
Usually a case number and an address of the courthouse is the only useful information in the letter. That makes sense. You are getting a letter from your legal adversary. This message from the prosecutors is intended to and often succeeds in instilling fear, confusion and panic in the heart of the recipient.
So, what to do now? You need to speak to an attorney immediately. At The Ertz Law Group if you present such a notify letter we will contact the District Attorney, determine the specific charges you are facing and start an interview process designed to understand you as an individual and put you on the road to legal vindication.*

INTRODUCTION An arraignment is the first Court hearing in a criminal case.
When the police arrest a person for a criminal offense that person is not officially "charged with a crime" until the prosecutor (usually a San Diego District Attorney or San Diego City Attorney) reviews the police report and issues a criminal complaint. "THE COMPLAINT"
At a felony arraignment the accused (now officially "The Defendant") is provided a copy of the criminal complaint. The criminal complaint contains specific information about the accusation including:
The name (including aliases) and date of birth of the Defendant;
The crimes the Defendant is alleged to have committed;
The date the alleged crimes were committed;
Any prior convictions that are alleged to be part of the Defendant's criminal record including "prior strike convictions";
The sentencing options available to the Judge in the event of a conviction.
ENTRY OF THE DEFENDANT'S PLEA
Once the Defendant and his attorney have read and understood the criminal complaint, it is time to enter a plea to the charges. The most common plea is "Not Guilty." Upon entry of a "Not Guilty" plea the Defendant is presumed to be innocent. In a felony case, following a "Not Guilty" plea, the Judge must set a Preliminary Hearing. The Judge may also, at the request of the Prosecutor or Defendant, set a Readiness Conference.
THE SETTING OF BAIL
The final component of the Arraignment is the setting of bail. The Judge must decide whether and what amount of bail the Defendant must post in order to remain free pending the outcome of the criminal case. In deciding the proper amount of bail, the Judge considers:
The risk the Defendant poses to the community; and The likelihood of the Defendant not returning to Court if released.
GETTING YOUR CASE OFF TO THE BEST POSSIBLE START
At The Ertz Law Group our attorneys have the experience and litigation savvy to understand that the Arraignment is one of the most crucial hearings to insuring a favorable case outcome. That is why we meet with all of our clients prior to the Arraignment so that we can begin to formulate a strategy for securing reasonable bail conditions and preparing our client to make a favorable first impression on the Prosecutor and Judge.*
If you have been arrested contact us to arrange for a Free Consultation to discuss the best strategy to help you resolve your criminal case and maintain your freedom pending the case outcome.

Locations of the Branches of the San Diego Superior Court (Central, El Cajon, Soutb Bay, Vista, Kearney Mesa)
San Diego Superior Court, Central Division 220 W. Broadway San Diego, CA 92101
San Diego Superior Court, East County Division 250 Main Street El Cajon, CA 92020
San Diego Superior Court, South Bay Division 500 3rd Avenue Chula Vista, CA 91910
San Diego Superior Court, North County Division 325 South Melrose Drive Vista, CA 92081
San Diego Superior Court, Kearney Mesa Branch 8950 Clairemont Mesa Boulevard San Diego, CA 92123