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Criminal Law

Criminal Defense

All people are innocent until proven guilty and entitled to a trial with representation. Allow the Law Offices of E. John Damasco to represent you and ensure that all of your rights are upheld in a fair trial. Our office will fight to have your case either dropped and or brought to trial to prove your innocence. Our attorneys are well versed in the procedure of these cases and will not simply wait to allow the District attorneys to build a case. Rather we will build a defense while working to have the case dropped before it reaches a judge.

Traffic Violations

 

From mechanical violations to DUI’s, the Law Offices of John E. Damasco can help you in court. Be it that you just do not have time to make an appearance to plead your case, allow us to speak on your behalf. It is always worth having someone appear at the court; on the chance that the officer who ticketed you does not show up, your case will be dismissed. In the event that the officer is there, allow our attorneys to tell your side of the story and seek reducing the fines, or the charge itself. If it is a moving violation, we will ask for traffic school so you can keep points off of your record. Don’t just mindlessly pay the ticket, but allow the Law Offices of E. John Damasco to stand for you in court whenever the need arises.

Misdemeanor/Felony Expungement

 

If you meet the following criteria, you may be eligible to expunge your criminal record:

  • You were convicted of either a misdemeanor or felony

  • You were granted probation

  • You have complied with the conditions of probation

  • You are not on probation for any other offense

  • You are not currently charged with another offense

  • All court ordered fines and restitutions have been paid

 

The attorney will be asking the judge to open your file, change the plea from guilty to a permanent non guilty, and then re-close the case. The attorney must convince the judge that the petitioner deserves to have this charge removed or reduced from their record. Our attorneys will demonstrate to the judge that you have rehabilitated your life, taken full responsibility for your actions, and have now learned from your mistakes.

 

Juvenile

 

Juvenile courts deal with two types of offenses. Minors charged with “status offenses” are accused of doing something that would have been legal but for the minor’s age when committing the act. This is a less serious category of charges than “delinquency crimes,” which are offenses committed by a minor that would be crimes regardless of age.

 

A minor is not entitled to a trial by jury. A juvenile court judge or commissioner will decide his guilt or innocence. The burden of proof is the same as in adult court; the prosecutor must present enough evidence to convince the judge “beyond a reasonable doubt” that the juvenile is guilty of the crime. Unfortunately, in juvenile criminal cases there is no option for bail. The court decides to either release the minor to his guardians pending the outcome of the case, or the minor is detained in juvenile hall.  

 

When a juvenile over the age 14 is accused of certain serious crimes, the prosecutor may decide to try him as an “adult”. When a juvenile is facing such a charge, they will face the same punishment as an adult which may entail serving several years in prison.

 

Minors taken into custody must be brought to court within 48 hours of their arrest and be advised of the charges against them. At the first court appearance, it will be decided whether the minor is to be detained in a juvenile facility until the hearing, or to be released to their parents. It is imperative that the juvenile has an attorney by the first hearing to attempt at convincing the court there will be no risk to the community if the parents are allowed custody of the juvenile.

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