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Forensic Analyst Accused of Drugs from Evidence

The Law Offices of Matthew Cargal — Thu, 16 May 2013 23:23:00 GMT

Drug crimes may come with a stigma but the reality is that people in every type of profession and from all walks of life may find themselves accused. Many times this is a wrongful allegation and it is just an issue of being in the wrong place at the wrong time. A false accusation should be forcefully fought, but many people can also deal with receiving harsher penalties than what actually fits the crime. A conviction can be life altering and lead to penalties of jail, fines, rehabilitative treatment and more.

One man is now facing the outcome of a case, after pleading guilty to the charges against him. The former state crime lab forensic analyst was suspected of taking drugs from work. He worked in a California lab and was said to have taken around a half pound of cocaine and crystal methamphetamine that had been retained for evidence purposes. The 43 year old man, HB, had the start of his trial this week and chose to enter a plea for the embezzlement charges against him. He is potentially looking at jail time of 16 months, along with other potential penalties.

The case is expected to come to an end soon and the former employee will be sentenced. While he may deal with considerable jail time, the outcome of a conviction can include many other ramifications. A conviction will be on his criminal record and this information may be looked into by potential employers. It can limit his future career, along with other important aspects. A conviction is a challenging thing to go up against and it is best to work with a Pasadena criminal defense attorney to seek a reduced penalty or fight charges all together.

What are the Defenses for a DUI?

The Law Offices of Matthew Cargal — Fri, 10 May 2013 22:03:00 GMT

For those that are accused of drinking under the influence of alcohol, these allegations can be fought and there are a number of ways to do so. There are many valid reasons for a why a person can be wrongfully accused and may come across as being intoxicated without this actually being true. One of the things that an officer can base their assumption off of is the appearance of a person. They may have bloodshot or watery eyes, can show difficulty speaking or may have the smell of alcohol. There are other reasons for why these things can occur, such as an individual that is nervous or has had a drink but is not drunk.

When a field sobriety test is used in a case it is also not 100 percent accurate. The test may be done incorrectly or there may be other factors that influence the way a person seems to react. During the HGN test the suspect may be facing the lights of oncoming traffic and this can make their eyes react. During the walk and turn test a driver may be nervous and they can have trouble listening to the instructions or remaining balanced. If a chemical test is done, this may show inaccurate results as well. An officer may also not follow the right procedure and these tests are regulated under Title 17. An officer will also need to follow procedure in the rest of the case and the investigation and this can include making sure that probable cause exists before a driver is pulled over or reading a person their Miranda rights once they have been arrested.

Another defense in a DUI case is the fact that just because a person is not the best driver does not mean that they are intoxicated. It is a valid argument that a person may have made an unsafe lane change or had been speeding not because they were drunk but because they were not paying attention. For an officer to get a better assessment of an individual in question, they need to evaluate them for at least 15 minutes. If this has not been done then their conclusions may be inaccurate. When testing the blood alcohol content (BAC) of an individual, the results can be inaccurate. If the individual had recently used mouth wash this can influence the outcome and sometimes the tests are administered wrong or the devices that are used are malfunctioning. These are just some of the defenses that are available and there are many ways that charges of drunk driving have been disproven or reduced substantially. Let us assess your case through a free consultation.

What You Should Know if You are Arrested

The Law Offices of Matthew Cargal — Wed, 17 Apr 2013 01:14:00 GMT

After an arrest, what can you expect to happen? There are a number of questions you may have and there are key items that you should be aware of. The first thing you can expect upon being taken into custody is that you should be read your Miranda Rights. Officers are obligated to inform you of these so you understand what your rights are and these are protected under the Constitution. This will include the right to an attorney and the right to remain silent. If you are arrested or are detained by officers for questioning, beyond providing them with your name, address and some type of identification, you do not need to answer their questions.

After officers inform you of your right to remain silent you can choose to give this right up and answer questions. It is usually best to only do this under the guidance of a professional. You will have the ability to make three calls for free and after this the calls that you make will be collect. If officers need to obtain evidence from you such as a chemical test, they can do this once you have been taken into custody. You should contact an attorney immediately after you are arrested so that they can be there to protect you throughout the process. When officers are questioning you, they may come to a decision that they do not think you are guilty. At this point they can release you and the arrest will instead be considered a detention. If they still believe that you are guilty they can book you, taking your information down, confiscating personal items and taking pictures of you for records. At the arraignment you will be read the charges against you and asked how you plead.

Bail will also be set and the type of crime and any criminal history will be considered in this decision. During the arraignment bail may be increased or decreased. In order to be released you will need to meet this bail amount and agree that you will return on the date of your trial. The preliminary hearing should take place within 10 court days of the arraignment and at this point evidence will need to be offered by the district attorney's office that provides reason to assume you committed the crime. If the judge finds that there is enough evidence to make this assumption, a jury trial date will need to be made. The process after an arrest may seem to come all at once and you will want a strong attorney representing you along the way. Find out what a Pasadena criminal defense lawyer from our firm can do for you by setting up a free consultation.

Medical Marijuana Use & Dispensaries

The Law Offices of Matthew Cargal — Sat, 19 Jan 2013 01:31:00 GMT

Marijuana is a drug that has been pushed forward and the use encouraged for the medical benefits that it can offer. For those with health concerns, it can be a relief when nothing else seems to work. The state of California has chosen to allow for the use of it in certain medical cases and growers that are authorized are not penalized by the state if they adhere to guidelines. The stance of California has done little to sway the government who still sees it as a crime. While growers and users may not face problems from at the state level, that does not mean that they cannot still face prosecution at the federal level.

Adding further complication is the say that cities can have on the use of medical marijuana clinics. These differences have led to conflict and made it challenging to define clear guidelines. The issue of medical marijuana is one that is constantly being reviewed and adjusted. In fact, the new ballot in May will potentially have a number of areas that voters can give their opinion on in regards to this issue. There may be initiatives taken to reduce and limit the amount of dispensaries that can exist in the Los Angeles area. Since dispensaries became legal, hundreds have popped up in the area and many question if the high amount is necessary. A ban on the clinics took place last year but it was overturned.

While dispensaries can currently be opened, the legislation regarding them is geared at "collective" and "cooperatives." They are meant to be non-profits that are not for the use of simply earning cash. The correct forms must be obtained and patients must be valid members with a California medical marijuana identification card. Membership should be reviewed continually to protect against facing legal concerns. In spite of following this, these are still not in compliance with the federal laws so those opening a dispensary need to recognize the risk that is taken.

One man was sentenced last week by the feds for the operation of a dispensary that was within the guidelines of the state. The federal government tried the man and sentenced him to ten years in prison. On Nov. 6, 1996, residents of the state earned the ability to use medicinal marijuana in certain situations under California Health & Safety Code 11362.5. There continues to be criminal charges regarding the use of medical marijuana and the recreation use of the drug has yet to become legal in the state, in spite of Washington and Colorado making the decision. Call the Pasadena criminal lawyer from The Law Offices of Matthew Cargal if you are potentially facing a conviction for similar charges or another criminal activity.

The HGN Test

The Law Offices of Matthew Cargal — Tue, 08 Jan 2013 22:08:00 GMT

When suspected of driving under the influence of alcohol, an officer may choose to pull you over and conduct a number of tests. The most common types of tests you may face are known as the Standardized Field Sobriety Tests. These have been developed from the research of the National Highway Traffic Safety Administration and the Southern California Research Institute conducted them. There are three main tests that are known as the One-Leg Stands test, the Walk-and-Turn test and the Horizontal Gaze Nystagmus (HGN) test. The HGN test is one form that will examine the involuntary jerking motion of the eye. It can be an indicator of alcohol consumption and some types of drugs.

In order to conduct this test the officer will first need to be trained in the correct procedure. When administering the test on a suspect, the individual will first be required to remove any eye wear (except for contact lenses). The suspect should be positioned away from the glare of car headlights so that the brightness does not affect the reaction of their eye. Officers will typically use an object during this exam, which is most often a flashlight or a pen. The suspect will be asked to follow the object with their eyes and during this time the officer will be looking for six signs; three in both eyes. The first will be the general smoothness in the eye motion when following the object the officer is holding. Next will be observing when the nystagmus begins when the eye is brought out to maximum deviation. This is the involuntary jerking of the eye when it is brought further out to the side. It is caused by the disruption of the oculomotor control of the eye or the inner ear. The eye may follow the object then begin to lag, and then jump forward to correct falling behind. The officer will hold the object out to the side for around four seconds to make sure that the movement of the eye was not the reason for the nystagmus.

The last clue that they will be looking for is when the nystagmus occurs. The officer will begin to move the object they are holding out to the side of the individual's shoulder and notes if the nystagmus occurs before the object is taken out forty-five degrees. These tests are not always accurate and they may be administered incorrectly, leaving many innocent individuals facing charges they do not deserve. If you have found yourself under investigation for drinking and driving charges you may be able to fight them. Turn to a Pasadena criminal defense lawyer from our firm for over 20 years of experience!

Learn More about the Law Offices of Matthew Cargal

Law Offices of Matthew Cargal — Wed, 19 Dec 2012 18:23:00 GMT

If you have been arrested and charged with a crime, you may be terrified about what your future has in store. If you are convicted of your crime, you may be forced to spend your days in jail, and may be obligated to pay expensive fines. You may be able to avoid serving your sentence if you can get a hardworking and dedicated attorney there to help you. At the Law Offices of Matthew Cargal, there are lawyers and associates who want to work on your case. Matthew Cargal is a criminal defense lawyer that is located in Pasadena, California. He has more than twenty years of experience which he wants to put to your case.

Attorney Cargal has been the lead attorney at his law firm since 1997. He focuses specifically on criminal defense so that he can better perfect his understanding of this law area. Because he has narrowed his practice to California criminal defense, he has an in-depth knowledge of this field. If you have been accused of a violent crime, a juvenile crime, a domestic violence crime, or drug possession, then Attorney Cargal can help. He is also the person to go to if you have been accused of a sex crime like rape or if you were pulled over and arrested for a DUI. Whether you have been caught committing a drug crime or have been charged with assault, you need a dedicated and aggressive lawyer there to help you.

The right lawyer is a blend of knowledge, aggressiveness, compassion, dedication, and creativity. With Matthew Cargal, you are getting an attorney that is striving to be the best that he can. Attorney Cargal graduated from Golden Gate School of Law in 1992 with a Juris Doctor degree. He has been asked to speak at various news conferences and legal meetings because other lawyers value his opinion. This attorney is a member of the Pasadena Bar Association, the National Association of Defense Lawyers, the State Bar of California, The California DUI Lawyers Association, the Criminal Courts Bar Association, the California Public Defenders Association, California Attorneys for Criminal Justice, the criminal law section of the State Bar of California, and the Los Angeles County Bar Association.

With so many memberships to attest to his professionalism and accumulation of knowledge, you can trust Matthew Cargal to take care of your case. If you want more information about the lawyers at The Law Offices of Mathew Cargal, then you need to check out their profiles on Justia, Yelp, Insider Pages, and Lawyers.com. Attorney Cargal is also on Avvo under the name Robert Matthew Cargal. He has earned a 7.2 rating on this website, which is a “very good” score. The website rates attorneys based on their credentials, their client testimonials, and their industry recognition and then processes a mathematical score between 1 and 10 for each attorney on the website.

Attorney Cargal cares about his clients, which is why he offers them all free initial one-hour consultations. During this time, Attorney Cargal is able to assess a potential client’s situation and determine the best line of defense. According to clients who have posted on his Avvo, Attorney Cargal is an “excellent attorney” and an “exception DWI/DUI defense lawyer.” Satisfied clients say that this lawyer “works tirelessly” and he is “aggressive and proactive.” Another client says that Attorney Cargal is “the best and most professional.” This client also claims that attorney Cargal is “very reasonable in his fees.” Those who work with this dedicated lawyer believe that he is trustworthy and is excellent at keeping his clients informed during the defense process. He is also responsive to all calls and e-mails from clients and is knowledgeable in his field.

As an accused citizen, the last thing you want to do is face your case alone. Some attorneys are only working for the money, and will not make an effort to return your phone calls or answer your questions. When you are stuck in a difficult situation, then you want someone who will be there to guide you every step of the way. Attorney Cargal wants to give you this service that you deserve. If you want to get to know Attorney Cargal even better, then check out his social networking sites. You can “like” his attorney page on Facebook and follow him on Twitter. As well, you can check out his Google+ pages to learn more about the firm and stay informed on the different criminal defense tactics that attorneys are using in the Pasadena area.

When you hire an attorney, you want to make sure that you can trust him or her with all of your confidential information. Attorney Cargal has built of a reputation as a reliable lawyer who will not breach the client-attorney relationship. He will keep your secrets safe and use all information that he obtains to help you, rather than to hurt you. If you want to read about some of the victories that Attorney Cargal has obtained for his clients, visit the case results page on the firm’s website. Here, Attorney Cargal has listed at least two dozen case results where he was able to merit a reduced sentence, a “not guilty” verdict, or a case dismissal for his clients.

When you are working towards a favorable charge or a case dismissal in your criminal defense case, you should choose someone who has a reputation for winning cases. Don’t risk your time, money, and future on an attorney that has not been proven to work hard and care for his clients. Instead, hire a lawyer who has shown that he has what it takes to win. If you want to know whether or not you have a case that is worth defending, then you need to fill out the free case evaluation form on the Law Offices of Matthew Cargal website. This case evaluation is a service that the firm offers free of charge. All you need to do is fill out the requested information on the form and you will receive an e-mail back that details the components of your case and explains how the Law Offices of Matthew Cargal can help.

If you are thinking about hiring Attorney Cargal to handle your case, then feel free to call (888) 717-0139 today to schedule your free, one-hour consultation. Attorney Cargal speak Spanish as well as English, so don’t let a language barrier keep you from getting optimum defense. Attorney Cargal’s office is located on 155 South El Molino Suite 202 Pasadena, CA 91101. Get 20 years of legal experience on your side today by hiring this accomplished lawyer to handle your criminal case. If you have been accused of a white collar crime, a federal offense, a theft offense, or probation violation, then hire the lawyer that is right for you and will be dedicated to your case from start to finish. You want someone that you can rely on, and an attorney that you won’t be afraid to call when you are in jeopardy. Learn your rights by exploring this website and then hire an attorney that will defend those rights with the tenacity and hard work that you deserve!

Welcome to our new Pasadena Criminal Defense Blog

The Law Offices of Matthew Cargal — Thu, 01 Mar 2012 06:37:00 GMT

We are pleased to announce the launch of our new Pasadena Criminal Defense Blog with an RSS feed located here.