A Southern California Law Firm
specializing in Criminal & Juvenile Law

CRIMINAL LAW SERVICES
The Law Offices of Mark A. Gallagher can make the difference between jail and freedom in your criminal law case.   When you have been charged with a crime, you need someone who is dedicated to protecting your rights and fighting your case.

We have experience dealing with virtually every type of criminal case, from misdemeanors to murder.  Mr. Gallagher and his team have appeared in almost every criminal court in Southern California and no case is too small or too big for our office.   Every client will be treated with respect and given professional and effective legal representation.  Call us now to speak with an attorney immediately.

ASSAULT AND BATTERY
These charges are often seen together and the penalty can range from as little as a fine and probation, to as much as multiple years in prison.  If you have been in any kind of altercation and the police are involved, you need a lawyer now.

ASSAULT WITH A DEADLY WEAPON  
Under California Penal Code Section 245, this crime can range from a misdemeanor with a county jail maximum, all the way to a violent felony carrying multiple years in prison and a "strike" prior.  If you are charged with this crime the details of your plea agreement or conviction are critical to determining your future.

DOMESTIC VIOLENCE
Under the California Penal Code, any incident involving your "significant other" can be subject to the special rules and penalties of domestic violence law.  Even if no one was injured you can face penalties that include jail, the loss of your driver's license, and mandatory completion of a 52 week program.  These cases often involve restraining orders and other restrictions which will impact every aspect of your daily life.   You need a qualified and experienced attorney to help get you through this without additional penalties.

DRUG CHARGES
Drug charges include possession, sales, cultivation, trafficking, manufacturing and prescription fraud. California law provides many opportunities for treatment of drug offenders.   The law also provides severe penalties of incarceration for those who fail to comply with court ordered rehab.   You need a lawyer with the skills and knowledge to not only help get you into a rehab program but the experience to make sure you make it through to the other side.  If you have questions about Prop 36, PC1000, Drug Court, or any other type of drug case, call The Law Offices of Mark A. Gallagher now to get the answers.

GANG CHARGES
Gang charges or enhancements are some of the most serious charges you can face in a California courtroom.   As defined under California Penal Code Section 186.22, gang membership itself is not a crime.   However, active participation in a criminal street gang, and/or committing a felony at the direction of, in furtherarnce of, or for the benefit of a criminal street gang IS a crime.  In fact these crimes are classified as "strikes" in California, and subject to the three strike sentencing scheme which provides for a life sentence after two serious or violent prior felonies.    

Gang crimes are agressively prosecuted in California by specifically funded units within the District Attorneys office.  The Deputy District Attorneys assigned to these units are chosen within the department based on their skill and trial experience.   Being a member of this team is an elite position within the District Attorney's office, reserved for the best of the best.   Gang cops are also specially funded, trained, and selected.   If you are facing any type of gang charge, do NOT face the system alone, the consequences could be permanent.     

SEX CHARGES 
Sex cases include prostitution, internet crimes, child molest, rape, statutory rape, pimping, prowling, indecent exposure and lewd conduct.  Any time you are facing a sex charge the most important question is whether or not you will be required to register under Penal Code Section 290.   Registration as a sex offender is a LIFETIME penalty that includes public disclosure via Megan's Law.  

When you are facing charges for a sex offense, Courts will routinely request an investigation by the probation department to determine if you are suitable for treatment and probation.    Many sex crimes also require an evaluation performed by a psychiatrist pursuant to Penal code Section 288.1 before probation becomes a sentencing option.  

Navigating the maze of doctors, probation, police, and the court system requires skill and experience.  Do not attempt to represent yourself or wait and see what happens.   If you are facing a sex case, please call The Law Offices of Mark A. Gallagher immediately or call another lawyer, you need one.

THEFT CRIMES
From petty theft, to grand theft, from auto theft to robbery, Mr. Gallagher has successfully represented clients charged with all levels of theft crimes.  In a theft prosecution, the specific dollar amount or the method of theft can make a tremendous difference in the level of punishment.    

PROBATION VIOLATIONS
Probation violations can be based on any violation of the terms and conditions of your probation order.  Often times, law abiding citizens face probation violations for problems such as failure to pay fines or complete programs.   Health problems, transportation issues, and work commitments can trigger scheduling issues that make complying with a court order impossible.  If you are in violation or if a warrant has already been issued for your arrest, you need a lawyer immediately.   On most misdemeanor cases a qualified lawyer can have the warrant recalled and get an extension, reinstatement or modification to your probation. 

If you are facing a felony probation violation you likely are in custody or probation has issued a no bail warrant.  In this circumstance you need a good attorney to minimize the amount of custody time you will face.  Even on a felony probation violation, you are entitled to a hearing to determine whether or not you are in violation and whether or not you willfully violated the orders of probation.   With the potential for years in prison hanging over your head, knowing when to admit a violation and when to fight requires the assistance of experienced counsel. 

PROBATION MODIFICATIONS
Many people think that it's ok to take a plea if all they have to complete is a little community service or an anger management class.    These people will often be heard saying things like, "I was facing two years, and all I got was probation!"  These are the same people that will be sitting in a jail cell in a few months claiming that their lawyer made them plead guilty.

While there are certainly times when it is a good idea to take a deal, it is critical to understand how probation operates.  If you were facing two years and you got probation, you didn't get probation instead of the two years, you got probation with two years hanging over your head!

The reason for this is that every probationary sentence includes either jail time or prison time hanging over you.  If you comply with probation, you never see the time.  But if you are found in violation, all or part of the sentence hanging over you can be imposed at the discretion of the sentencing judge.

Any time that you are on probation you face the risk of jail time.  People on probation also have limited rights.   Most grants of probation include a "search and seizure" clause, a "no weapons" clause and other similar restrictions.   If you are on felony probation, the situation is even worse.   Felony probationers face the potential for a prison term, and felony probationers are routinely held without bail (meaning you are stuck in jail) when a violation is pending.

Who wants jail or prison time hanging over their head?   Probation can often be ended early upon application of the probationer.  If you have completed all of your probation requirements, contact us today to see if we can get you off probation early.  Once you are off probation, the risk of seeing that sentence is gone.

There are also situations where a person wants to comply with probation but they simply can't.   Maybe you have had financial problems or medical problems.  Maybe your life has simply changed since you were placed on probation.   Maybe you are now married to a person the court ordered you to stay away from....maybe you have children with that person.  If there has been a change, it is essential to request a modification to your probation terms before you are find in violation and sent to jail.  If you need an extension or any other modification to your probation terms, contact our office today.

EXPUNGEMENTS
The term "expungement" is commonly used to refer to cleaning up your record.   This term is actually misused because expungement implies that your record is erased when the motion is granted.  Under California law it doesn’t work that way.

While it is not possible to erase or expunge your record, it is possible to have the conviction set aside or the plea of guilty withdrawn.   A new plea of not guilty is then entered and the case is ordered dismissed.  The procedure for accomplishing this is found in Section 1203.4 of the Penal Code.

While this will not completely erase your record, it will sure make it look better.  Once your motion is granted you will also be permitted to lawfully deny the existence of the conviction in applications for employment to private employers.   Some government jobs or state licensed positions will still require disclosure, but even in that case the motion is still a good idea.

When someone is looking at your record, what will be the last thing that they see?  If you do nothing, the bottom line says "convicted".  If you have this motion granted, the bottom line says "dismissed".   Which person would you hire?

If you need help getting an old charge dismissed or "expunged", contact our office today to see if we can help you put your past behind you.

CLEANING YOUR CRIMINAL RECORD
If you have been convicted in the past of a criminal offense, you should seek legal advice to help clean your record. The Law Offices of Mark A. Gallagher have been assisting many people in cleaning up their criminal record. In today’s day and age, it is important to keep your record clean. Whether it be for job opportunity or just piece of mind, it is important to make sure your “rap sheet” remains as clean as possible. Here are some tips:

1) Hire the right criminal defense attorney in the first place. Obviously, the better the attorney you have from the beginning, the greater chance you have to keep a clean record. The Law Offices of Mark A. Gallagher understand how important this is and have been helping clients in maintaining a clean record.

2) If you have already been convicted, seek consultation with our firm. We can assess whether the case can be reduced to a misdemeanor under 17(b) of the California Penal Code, or expunge the record under 1203.4 of the California Penal Code, or perhaps seek a Certificate of Rehabilitation or a Governor’s Pardon.

3) Even if you were merely arrested, but never charged, you still have that arrest on your record. The Law Offices of Mark A. Gallagher can assist you in removing the arrest from your record completely where the record of arrest itself is purged under 851.8 of the California Penal Code.

Whatever the situation, you need to maintain a clean record. This is especially true with young clients who have a bright future ahead of them and are still seeking a good career. Criminal convictions can cause many doors of opportunity to close. With many employers doing background checks these days, cleaning up your record is vital to keep doors of opportunity open. You can contact my law firm at anytime to discuss you particular situation and how we can best help you.