At the Law Office of Peter A. Duarte, we have accumulated many years of experience and handled thousands of cases, achieving a long record of successful results. Mr. Duarte understands the criminal justice system and works to secure reductions in charges or dismissals. He interviews law enforcement officers and witnesses to try to identify any flaws in the evidence supporting an arrest. He also prevents the use of any evidence that was secured by police through unlawful methods. He negotiates with district attorneys in order to achieve the lowest possible sentence. If you are facing any type of charge, no matter how serious or how minor, Mr. Duarte will use his best efforts to pursue a desirable outcome.
Sex crimes include rape, statutory rape, child pornography, indecent exposure, prostitution, sexual battery, lewd acts in a public place, and child molestation. A conviction for a sex crime may require you to register as a sex offender for your whole life. It can also lead to consequences like prison time, loss of child custody, mandatory counseling, fines, and harm to your reputation. A defendant can be charged with rape under various circumstances. For example, it may be charged if you used physical force or threats, the victim was placed in fear of immediate bodily injury to herself or someone else, or the victim did not have the capacity to consent. Violent Crimes
At the Law Office of Peter A. Duarte, we have accumulated many years of experience and handled thousands of cases, achieving a long record of successful results. Mr. Duarte understands the criminal justice system and works to secure reductions in charges or dismissals. He interviews law enforcement officers and witnesses to try to identify any flaws in the evidence supporting an arrest. He also prevents the use of any evidence that was secured by police through unlawful methods. He negotiates with district attorneys in order to achieve the lowest possible sentence. If you are facing any type of charge, no matter how serious or how minor, Mr. Duarte will use his best efforts to pursue a desirable outcome. Criminal Defense
DUI/DWI
If you don't think you need an attorney for your DUI, think again! Here is what you may be facing after your arrest for DUI...
Traffic Violations
In fact, neither a plea to a reduced offense (for example, reckless driving) nor even a dismissal of criminal charges is a defense to an administrative suspension. The only court proceedings that will have any impact on the DMV is an acquittal or finding of innocence on the.08% charge (the DMV is unconcerned about the second charge of DUI).
Sex Crimes
A sex crime conviction can have an extremely detrimental impact on your life. You may be required to register as a sex offender for life.
Fraud
White collar crimes are usually non-violent, financially motivated crimes. They can include embezzlement, credit card fraud, insurance fraud, identity theft, money laundering, computer crimes, tax crimes, and bribery. If you are convicted of a white collar crime, you may need to pay substantial fines and restitution. You may face prison, probation, and the loss of a professional license. Considering the severity of these potential consequences, you should promptly retain a Santa Rosa criminal defense lawyer if you are being investigated for a potential white collar crime. Theft Crimes
Robbery
California prosecutors take violent crimes seriously. Violent crimes include murder, manslaughter, assault, carjacking, assault with a deadly weapon, criminal threats, arson, robbery, and weapons charges. The penalties for violent crimes can include life in prison, probation, restrictions on where you live or work, the loss of the right to own a weapon, mandatory counseling, and the inability to obtain a professional license. A skilled criminal defense lawyer in Santa Rosa may be able to help you raise various affirmative defenses, such as self-defense or defense of others. Domestic Violence
Burglary
Theft crimes include burglary, robbery, shoplifting, grand theft, receipt of stolen property, and forgery. What must be shown depends on the charge. Under Penal Code 484 and 488, you can be charged with misdemeanor petty theft, which involves stealing property worth up to $950. Under Penal Code 487, you can be charged with grand theft for stealing property worth more than $950, which can be charged as a misdemeanor or a felony. There is a wide range of sentences that you could face for a theft crime, including incarceration, probation, fines, restitution, and the loss of a professional license. Juvenile Crimes
White Collar Crimes
Assault and battery may be charged as a felony or a misdemeanor. Assault and battery are charged when someone physically hits or tries to hit another person, or otherwise acts in a threatening way toward a person who feared immediate harm. There does not need to be an injury. However, you may be charged with a felony if a deadly weapon or a serious injury was involved. For a felony assault or battery, you could face incarceration, fines, probation, and a restraining order. White Collar Crimes
Theft
Misdemeanors
In general, an attorney can appear on your behalf if you are charged with a misdemeanor. This means you will not have to take time from work or school, find child care, if you have children, nor waste time driving to and waiting in court for your case to be called.
Embezzlement
Mr. Duarte is an experienced criminal defense attorney. He has represented clients in numerous criminal matters including: DUI, driving under the influence of alcohol or drugs, domestic violence, attempted murder, internet sex crimes, possession of child pornography, child molestation, manslaughter, indecent exposure, armed robbery, drug possession, drug cultivation, possession for sale of cocaine, heroin, methamphetamine, marijuana, shoplifting, assault on a police officer, embezzlement, driving with a suspended license, reckless driving.
Drug Crimes
Drunk driving can result in serious consequences. A first DUI offense in California may be punished with $2,000 in fines and assessments, a license suspension, the completion of a three-month alcohol education course, and 48 hours in jail. However, subsequent offenses may result in more serious penalties. For example, for a fourth offense in 10 years, you could face 16 months in prison. In addition to criminal consequences, you may face administrative consequences. You have 10 days to ask for a hearing before the DMV, or your license may be automatically suspended. Drug Crimes
Assault
In California, domestic violence occurs if someone perpetrates a crime within an intimate or familial relationship. Intimate or familial relationships include spouses, ex-spouses, cohabitants, former cohabitants, co-parents, and partners in dating. The prosecutor is entitled to choose the domestic violence charge to pursue based on how serious the harm is. For example, battery is defined under section 242 as the willful and illegal use of force or violence against another person. Penal Code Section 243(e)(1) permits a charge of battery when there is a familial or intimate relationship, while section 243(d) is charged when there has been a serious bodily injury. Assault and Battery
Murder
Murder, homicide, manslaughter, assault with a deadly weapon, kidnapping, firearms violations, robbery, carjacking, arson, gang crimes, hate crimes and terrorism are just a small portion of the list of violent crimes. I am well versed in all of them.
Juvenile Crimes
It is extremely important not to take chances with your child’s future. I have handled hundreds of these cases and most of the time charges are avoided entirely. You need an experienced criminal defense attorney, well versed in juvenile law, who has argued successfully in front of the juvenile court judge on numerous occasions. That attorney is Peter Duarte.
Probation Violation
Probation comes with many terms and conditions. California Penal Code section 1203.3 authorizes the court to modify, revoke, or change an order of suspension or execution of your sentence if you are found guilty of a probation violation. If you violate probation terms, you can face alterations to the probationary period or terms, revoked probation, potential jail or prison, probation reinstated with other terms, community service, counseling, treatment programs, or rehabilitation. Factors that may be considered by a judge in determining the consequences for a probation violation include how serious the violation was, whether you have a history of violations, your prior criminal charges, and the probation department’s recommendations. Expungements
Identity Theft
Homicide
Arson
Shoplifting
Restraining Order
Read the order carefully to see what conduct is prohibited. Do not contact/communicate with the Protected Person in any fashion, even if that person initiates contact/communication with you. Violation of the order could lead to arrest or criminal prosecution. Contact me online or call (707) 541-7100 immediately upon receiving notice of the order to ensure compliance and to take all steps to reduce or remove the order.