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Criminal Defense: Felonies & Misdemeanors

Fighting for the rights of the accused in Solano County | Fairfield | Benicia | Dixon | Vacaville | Vallejo

The criminal defense law firm of Law Office of Barry K. Newman is dedicated to fighting for the rights of the accused. If you or someone you know is charged with a crime, is imprisoned, is on probation, or has other legal problems involving governmental authorities, we are prepared to serve you.

Given our experience of over 30 years in criminal law, we know the California justice system well—from law enforcement investigative procedures to trial by jury and sentencing proceedings, we stand ready to protect your constitutional rights and to mitigate your criminal exposure, if any exists. We are licensed to practice in California state and federal courts, at both the trial and appellate levels. We are dedicated to seeing you through all phases of criminal prosecution and post-prosecution proceedings.

The Law Office of Barry K. Newman specializes exclusively in criminal defense law. We handle all types of criminal cases, including:

 

Homicide | murder

Homicides represent some of the most serious felony offenses an individual can face in court. Those charged with  murder are faced with the possibility of a lifetime loss of  liberty. We are experienced trial lawyers who have represented numerous clients accused of various types of  homicide, including murder.  In addition, our investigative team is available to assist at every stage. Our clients do not have to rely on the prosecution’s investigators to conduct a full and fair investigation of the charges against them.

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Assault crimes | domestic violence

It is a common misconception that if the alleged victim in a domestic violence or spousal abuse case asks that the charges be dropped, then the case will be dismissed.  Once the police arrive at a domestic violence or spousal abuse call, it is no longer up to the parties whether there will be an arrest. If the police see visible injuries, they will make an arrest. The alleged victim becomes a witness, and it is up to the prosecutor to determine if charges will be brought.

It is imperative for anyone accused of domestic abuse or domestic violence, particularly of assault and battery, to contact an attorney immediately. Once the prosecutor has decided to file charges after an arrest for domestic violence or spousal abuse, you may be served with a restraining order and imprisoned. A conviction can lead to further incarceration and burdensome conditions of probation. A large number of domestic violence and domestic abuse cases are filed as the result of a divorce or custody battle. While our attorneys limit their involvement to criminal representation, we can work closely with your family law attorney to prevent the criminal system from becoming a weapon in family court.

  • Assault and Battery
  • Criminal Trespass
  • Harassment
  • Reckless Endangerment
  • Restraining Order Violations
  • Spousal Rape
  • Stalking
  • Kidnapping
  • False Imprisonment

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Drug crimes

The Law Office of Barry K. Newman is experienced at providing legal representation to those accused of various drug offenses, as well as those facing asset forfeitures because of a drug charge.  Drug charges cover a broad range of offenses from the less severe, like simple possession, to the more serious offenses, such as participation in an ongoing drug-related criminal enterprise or manufacturing and distributing drugs. Even minor charges carry the risk of serious penalties upon conviction.

The Fourth Amendment of the Constitution protects an individual against unreasonable searches and seizures of his or her person or property. A search may involve an inspection of the person or his or her surroundings or property, and a seizure refers to taking the person or property into police custody. In drug cases, the arrest and evidence used to support a conviction generally result from a search and seizure. If the government did not adhere to constitutional limits in its conduct, the evidence against you may be deemed inadmissible.

As experienced trial lawyers, we can advise you on whether the evidence leading to a drug charge arguably resulted from an improper search or seizure.  We answer all other questions regarding the criminal justice process in drug cases. Our investigative and defense tactics can pave the way for reduced sentencing and alternative sentencing options, such as diversion to drug rehab, house arrest with electronic monitoring, or probation with drug testing.

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Drunk | intoxicated driving offenses

Drunk driving is sometimes referred to as Driving Under the Influence of Alcohol or Drugs (DUI) or Driving While Intoxicated (DWI). You must seek legal help after a DUI arrest in a timely manner to protect your freedom and rights. You have 10 days from the date of your arrest to demand an administrative hearing from the Department of Motor Vehicles (DMV) to retain your driving privileges or to obtain a restricted license, if you lose the hearing. You must act promptly to seek legal advice. The attorneys at the Law Office of Barry K. Newman can fully explain to you the administrative and criminal justice proceedings related to DUI charges.  We have knowledge of all aspects of California DUI defense, including:

  • Field sobriety testing
  • Breath testing
  • Alcohol evaluations
  • Underage drinking and driving
  • Vehicular assault
  • Vehicular homicide

We do everything possible to handle this confidential matter in a sensitive manner—protecting your rights, your freedom, your driving privileges, and your reputation.

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Theft crimes

Theft and burglary convictions can come with serious jail or prison time, steep fines, restitution requirements, and restrictions on your freedom even after parole. Even a misdemeanor petty theft conviction can make finding a new job next to impossible. The Law Office of Barry K. Newman criminal defense lawyers can defend any type of theft charge, including larceny, embezzlement, theft by fraud, identity theft, felony and misdemeanor burglary, and grand and petty theft.

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Sex crimes

Sex crimes are prosecuted severely in California. If convicted, you may face harsh punishments, such as fines, probation, and prison time. You may have to register as a sex offender, which can be damaging to you, your family, and your friends.  The Law Office of Barry K. Newman criminal defense attorneys have experience defending sex crimes in California, such as:

  • Rape
  • Statutory rape
  • Solicitation
  • Indecent exposure
  • Pornography
  • Lewd acts
  • Lewd acts with a minor

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Three-strikes cases

California’s three-strikes law sets very high mandatory minimum sentences for certain types of repeat felony offenses, called strikes. People with strikeable felony convictions—anything violent, serious, or involving a firearm—on their records face increased penalties for any later convictions. At the Law Office of Barry K. Newman we do everything we can from the very beginning of a case to reduce strike charges to misdemeanors or change them to a non-strike felony.  Even when prosecutors will not negotiate, we may still be able to help clients avoid overly severe three-strikes penalties. It is very important to retain an aggressive, highly experienced three-strikes criminal defense attorney like Barry K. Newman.

We believe all defendants, no matter what the accusation, are entitled to a thorough and aggressive criminal defense. We are proud of our track record in defending clients accused of serious three-strikes felonies, including assault and battery, sex crimes, burglary, handgun crimes, and homicide|murder. We have won significant victories for our clients, reducing or eliminating charges, winning acquittals or reducing penalties.

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Juvenile crimes

Juveniles are minors under eighteen years of age.  Juveniles can be prosecuted for any of the crimes for which adults can be prosecuted. The goal of the juvenile justice system is to rehabilitate youthful offenders—yet, probation officers, police, and prosecutors are often as aggressive in their prosecution of juveniles as they are of adults. Under a California law, minors who are charged with certain violent crimes can be tried as adults without a hearing before a juvenile judge.

Some important differences exist between the adult and juvenile justice systems. Unlike the adult criminal justice system, the juvenile justice system requires a balance between ensuring that juveniles are held accountable for delinquent acts and guaranteeing that sufficient care and supervision are available for the juvenile offender. As experienced trial lawyers, we provide compassionate legal representation to juveniles and their families facing juvenile court proceedings and diversion programs.

It is critical to get the best legal advice when your son or daughter faces criminal charges.  Juvenile offenders who plead, or who are found, guilty of crimes that qualify as strikes under California law may later find themselves facing a three-strikes case and potential life in prison for crimes they admitted in a juvenile case when they were very young.

At the Law Office of Barry K. Newman, we know juvenile criminal defense law thoroughly so we can competently represent any minor to minimize the impact of the juvenile proceedings on the young person’s future. We defend all felony and misdemeanor offenses in juvenile court, including:

  • Marijuana possession
  • Other drug crimes
  • Assault | battery
  • Breaking and entering | burglary
  • Shoplifting | other theft
  • School crimes | vadalism | assault
  • Juvenile sex crimes
  • Weapons offenses
  • Drunk driving
  • Traffic crimes
  • Alcohol possession

Arrest | bench warrants

An arrest warrant is an order from a court or judge, given to law enforcement agents, directing the arrest and detention of a person. An arrest warrant is typically issued after an investigation by a law enforcement agency produces reasonable suspicion that criminal activity has occurred.  The arrest warrant is based on sworn testimony, in the form of an affidavit, provided to the court by a law enforcement agent, the district attorney, or the victim.  Persons arrested are brought to jail and then to court to appear before a judge. Any statements given to the police at the time of arrest can and will be used against you. Immediately invoking your right to a criminal defense lawyer makes it difficult for the police to obtain statements from you.

If you learn about an outstanding warrant for your arrest, consult us immediately.

A bench warrant is an order for the immediate arrest of a person. Typically, bench warrants are issued for failure to appear:

  • After an indictment, or criminal charge, if the court fixes a date and place for appearance
  • After the judge orders you to personally appear
  • To prove progress or completion of community service
  • After a police officer has given you a citation
  • After you have been released from custody and have promised to appear
  • For sentence or conviction after a plea or trial

A bench warrant also may issue for failure to pay a fine.  If you are arrested pursuant to a bench warrant, bail will likely be denied if other outstanding warrants exist against you. Your driver’s license can be suspended by the Department of Motor Vehicles and reinstated only after the bench warrant is cleared.

If you learn about an outstanding bench warrant against you, contact us immediately so that we can take steps to correct your failure to appear in court.

Probation violations and termination|parole

Probation takes place after conviction but before a criminal sentence is served. Although a sentence has been decided, the judge holds back on imposing the sentence to give you an opportunity to avoid going to prison. The court imposes various orders, conditions, or rules that you must obey to stay out of jail or prison. If you violate the conditions of probation, or disobey the probation officer, the criminal sentence in your case will be imposed.

The attorneys at the Law Office of Barry K. Newman  are ready to defend you at any hearing to determine whether you have violated the terms of your probation order.  In some cases, we can help you seek an order terminating your probation.

Parole is granted by a parole board when a convicted person has served part of a prison sentence. The prisoner may be released subject to supervision by a parole officer. Our lawyers, in some instances, can appear on behalf of prisoners at parole hearings or other hearings regarding whether you have violated the terms of parole.

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Expungements | sealing of records

Employers commonly conduct pre employment background checks. A criminal conviction can can lead to job loss or denial of a promotion. The Law Office of Barry K. Newman has filed motions to expunge all types of misdemeanor and felony offenses. We know what types of cases can be expunged and how to help client clear up their records. We also provide the following legal services:

  • Sealing arrest records
  • Sealing juvenile records
  • Obtaining certificates of rehabilitation
  • Seeking Governor’s pardons

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Unlawful searches | Unlawful seizures

The Fourth Amendment of the United States Constitution ensures citizens’ rights to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures by governmental authorities. If you feel that you or a family member has been the victim of a warrantless or illegal arrest, the Law Office of Barry K. Newman is ready to protect your constitutional rights.

Generally, prosecutors are prohibited from admitting illegally obtained evidence against an accused at trial.  Because the burden of proving such inadmissibility rests with the accused, we at the Law Office of Barry K. Newman, along with our investigative team, are instrumental in ensuring that you are defended against the prosecution’s use of illegally obtained evidence.  We are experienced in filing all forms of motions, petitions, and writs to protect your constitutional rights.

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