Mark Daniel Melnick is available to represent clients in all felony and misdemeanor cases. Here is a brief discussion
of some of the most common crimnal charges:
DUI Defense
DMV Hearings
After a DUI arrest there are actually two seperate cases, a DMV case and a court case. A DUI can result
in suspension of drivers license, increased insurance costs, loss of employment and, ocassionally, jail time. The Law Offices
Of Mark Daniel Melnick will deal with both the DMV and the courts to assure that all rights are protected and the priviledge
to drive is not summarily suspended. For more information on DUIs click the link above.
DOMESTIC VIOLENCE
During the last decade Domestic Violence has become a "Hot Button" issue in the California courts and prosecutions
for these violations have greatly increased. As the prosecutions have increased so have the penalties. Domestic violence is
generally cherged as a violaion of Penal Code Section 273.5, if there are injuries, or Section 243(e) if there are no
injuries. In either case, the law requires that any probationary sentence include 52 weeks of domestic violence classes in
addition to any fine, jail or community service. The onerous nature of these mandatory conditions make it a necessity to explore
every defense option available, both to aviod these penalties and to avoid the stigma of being adjudged a "Batterer".
BURGLARY
There are basically three types of burglay; residential, commercial and auto. Residential is the most serious
and almost always results in a state prison sentence. Auto and commercial can be filed as either a felony or a misdemeanor.
However, what most people are not aware of, is that the crime of burgulary no longer requires "breaking and entering" or that
the crime be committed at night. Merely entering a building with the intent to commit any crime inside is a burglary. Thus,
individuals who shoplift or commit other violations after entering a store are often charged with commercial burglary.
Likewise, individuals who enter e residence without permisson to use drugs can be charged with felony residential burglary.
Thus, it is often important to establish that there was no intent formed before entering, thereby reducing the charges
to a simple theft or other violation.
PETTY THEFT
Petty theft (Penal Code Section 484) is the most common theft offense and although relatively
minor can have long lasting effects in terms of future employment, licensing, and other pursuits. Quite often, a properly
handled petty theft case can be reduced to a lesser non theft related charge such as trespassing or a noncriminal infraction.
In other situations, a civil compromise can be reached leading to a dismissal.
DRUG OFFENSES
There is one primary distinction between drug offenses in California; "personal use" and "sales". Personal
use cases involve possession of small amounts and/or being under the influence. If there is no viable defense, these cases
can usually be resolved under the "Deferreed Entry of Judgement" statutes or a "Prop 36" program, both of which require attendance
in drug treatment/education classes.
Cases involving possession, manufacture or cultivation for sale are considerably more complicated and
have far more serious consequences involving county jail or prison sentences. However, these charges can often be challenged based upon a lack of quanitity or a lack of equipment or conditions indicating sales.
