Our Criminal Law Practice

Leveraging over 40 years of trial experience, Mr. Biegel and his lawyers provide aggressive, perceptive criminal defense.

Mr. Biegel, assisted by three lawyers and a staff of paralegals, evaluates every option available to you to prevent a criminal conviction. When possible, he seeks pre-indictment resolutions to your case through motions to dismiss and plea agreements. If the case proceeds to trial, our firm remains dedicated. We leverage our considerable investigative skills and legal resources to try to keep you out of jail or minimize your sentence. Mr. Biegel and his associates are skilled trial attorneys who can call on professionals in various fields of expertise to testify on your behalf in court.

The best criminal defense is a well-prepared legal offense

Mr. Biegel is a strong proponent of early-engagement; the sooner you call us, the better we can protect you. The firm handles state and federal trials. We represent clients in criminal matters including:

• White-collar crimes
• Sex crimes
• Major felonies
• Driving under the influence (DUI)
• Drug and controlled substance crimes
• Domestic violence
• Juvenile delinquency

Alternative methods of defense

When clients adamantly profess that they are innocent of the charges brought against them, our criminal defense attorneys mobilize a team of investigative experts and legal resources to substantiate this claim in court. We understand that when you are innocent, nothing is more important than clearing your good name.

If a client readily admits that he or she is guilty of the charges or of some lesser charge, our attorneys engage in damage control. Working with the prosecutor, we are often able to reach a plea bargain agreement where charges are reduced and the expected penalties substantially lessened.

In particular cases, such as serious felonies, we do something no other Monterey County defense firm does. Instead of simply relying on the Monterey County Probation Department to produce a Sentencing Recommendation in its report to the court, we prepare a detailed brief entitled Defense Statement of Views re Sentencing and present it to the court as an alternative to the Probation Report. This document usually contains much more background about the mitigating circumstances of your case, and furnishes the facts and circumstances which justify imposition of a lesser sentence than has been recommended to the court by the Probation Department.

In addition, where time in jail has been recommended or required by statute, we are often able to steer our clients into alternative programs such as the Work Alternative Program (community service) or the Supervised Home Confinement Program (house arrest with allowance for going to work or attending school). We have also been successful in using companies who provide state-of-the-art devices, like GPS bracelets, which assure the court that a client can be released with no fear of fleeing or going into prohibited places.

Providing post-conviction remedies

If convicted, you have two options: you can file an appeal or serve your sentence. Our attorneys remain by your side even after you have been sentenced, and continue to provide you with legal counsel you need to get the sentence reduced or repealed.

For sentences involving long periods of probation, in many cases Mr. Biegel has been able to file a motion for early termination of probation. Based on your good behavior and consistent compliance with the terms of the probation, you may be eligible to have your sentence reduced and even dismissed.

In other cases involving a jail-term, we assess your case honestly to see whether you are eligible to file an appeal in either a federal or a state appellate court. We do not handle appeals, as it is best for the client to have a fresh look by other attorneys if an appeal is to have the best chance of success. However, we have contacts with some of the best appellate lawyers in the state and work with them to supplement their efforts on your behalf to have a conviction reversed or a sentence lessened.

Once you have served your sentence or completed probation, you might be eligible to have your criminal record cleared—so, when potential employers and creditors run a background check on you, your record is does not display a criminal history. The courts consider the following factors when establishing eligibility for criminal record erasure:

• You have completed probation or one year has passed since date of judgment
• You are not under suspicion for, or charged with, subsequent offenses
• You obeyed all the court orders
• You are living an honest and upright life

Certain sex crime convictions and most traffic violation convictions cannot be deleted from your record in California. Additional factors may affect your eligibility status. Speak to our attorneys to learn more about your alternatives, and to find out if you are eligible to clear your criminal record.

Representing clients regionally and nationally

We serve various communities throughout central California, including Monterey, Santa Cruz, and San Benito counties. Our attorneys will travel to represent:

• Local clients living in Monterey, Santa Cruz, and San Benito counties charged with in-state criminal offenses
• Local clients in out-of-state cases. Engagements with local clients have taken us as far as Utah, Texas, and New Jersey
• Out-of-state clients charged in California with felony and misdemeanor offenses. Many times visitors to the Monterey Peninsula suffer the indignity of being arrested for driving under the influence and we have had striking success in representing these out of town clients, particularly paying attention to any adverse consequences involving their drivers license in their home state.

Speak to an attorney at the Biegel Law Office

Call now: (877) 223-8982. We inform you of your legal rights and options. Your freedom is in jeopardy and our attorneys protect you from self-incrimination.

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White-Collar Crimes

Your life, your livelihood, and your reputation are on the line when you have been accused of a white-collar crime. Nothing is more ruinous to a professional's career than rumors of suspected dishonesty or deception. In the business world, your reputation is the key to building a successful career.

When you need a lawyer to clear your good name, contact the Biegel Law Firm to speak to an experienced defense attorney. We have the investigative support and litigation skills you need to defend yourself against criminal accusations. We assist clients with matters relating to:

• Alternative sentencing (house arrest, diversionary programs)
• Bribery
• Embezzlement
• Enterprise corruption
• Extortion
• Expungement
• Forgery
• Fraud: wire fraud, mail fraud, healthcare fraud, mortgage fraud
• Identity theft
• Larceny
• Money laundering
• Perjury
• RICO
• Tax evasion

Our attorneys can defend you at every stage of criminal trial. Whether you are being prosecuted on the state or federal level, we work hard to protect your reputation and keep you out of jail.

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 Sex Crimes

Lifelong sex offender registration is sometimes a more severe punishment than the fines or jail-time. A conviction can mean fewer job prospects, constant moves, and social scorn. That is why, if you have been accused of a sex crime, you need to understand all the risks involved before taking any action. If offered a plea, you should understand the ramifications of making the decision to accept it or turn it down. If you elect to go to trial, nothing is more important than having competent and effective representation.

Our attorneys have the knowledge and experience necessary to help you make these life-altering decisions. Our firm is discreet in its representation of clients in criminal matters, including:

• Possession of obscene matter
• Indecent exposure
• Lewd act in public place
• Solicitation of prostitution
• Sexual battery
• Molestation
• Forcible rape
• Statutory rape (consensual intercourse with someone under the age of 18)
• Obligation to register as a sex offender with the local police

We have represented clients in high profile, felony sex crime cases and are familiar with the range of legal resources available to you. A felony sex crime conviction is considered a three-strikes offense in California. A third strike can result in a state prison sentence of 25 years to life. The punishment you face may be affected by such factors as: prior convictions, violation of probation or parole, media attention to the case, or other aggravating circumstances.

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Major Felonies

While most felony cases in California are punishable by a prison term, a good lawyer can help you seek a dismissal, avoid a jail term, reduce a sentence, or arrange for alternative sentencing. Our attorneys will sit down with you to discuss the facts of your case and evaluate your legal options. We aggressively pursue your every legal recourse to secure the best possible outcome on your behalf.

We represent clients in a range of litigation related to:

• Murder or homicide
• Manslaughter
• Assault
• Rape
• Kidnapping
• Stalking
• Physical abuse
• Elder abuse
• Drug possession
• Weapons charges
• Grand theft

Even if you receive probation, a felony conviction can affect your job prospects, housing opportunities, and quality of live. Most first-time felony convictions, with the exceptions of traffic crimes and sex crimes, are eligible to be expunged (erased) from your criminal record. Our attorneys can advise you further of your legal options.

In March of 1994, California enacted the Three Strikes law. The law carries a mandatory minimum sentence of 25 years to life for the third felony conviction. California is the only state that prosecutes non-violent felony offenses under the three strikes law. More than half of all Californians imprisoned under this law have been convicted for non-violent offenses like shoplifting and drug possession rather than violent crimes.

Speak to our attorneys to learn more about your legal options.

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Driving Under the Influence (DUI)

Driving under the influence cases flood our local courts and therefore there are three departments of the Monterey County District Attorney’s Office almost solely dedicated to them staffed by a whole host of prosecutors. A driving under the influence arrest can happen to anyone at any time and any place.

Over the years we have represented hundred of local residents, as well as many visitors to the Monterey Peninsula who have had their vacations or business trips rudely interrupted by a driving under the influence arrest.

We have a great deal of experience in dealing with such cases, including high blood alcohol readings (we always have them retested by an independent laboratory), purported "refusals," hit-and-run allegations and the associated Department of Motor Vehicles proceedings which accompany such arrests.

When representing out of state residents, we are careful to contact counsel in their home states so that we can coordinate our services in the counties we serve with their home state and thereby reduce any problems they might have with their license when they return home.

California DUI arrests can result in driver's license suspension as well as fines and jail-time. A good lawyer can help you take action to protect your rights and future interests. Our attorneys are skilled trial lawyers who look out for your best interests.

Once you are arrested, the California Department of Motor Vehicles (DMV) gives you 10 days from the date of your arrest to request a hearing, or else your driver's license will automatically be suspended in California 30 days from your arrest. It is vitally important that you contact an attorney within that 10 day period as the suspension can be stayed and a hearing before the DMV can be scheduled to contest whether or not your driver's license should in fact be suspended.

After being arrested for a driving under the influence offense, criminal charges will be filed against you, and you will have to enter a plea in court. If you have been arrested for DUI in California, these are your legal rights:

• The police must have probable cause to pull you over or arrest you
• At the point of arrest, you must be administered field sobriety testing and portable field-testing. If you refuse field-testing, the police will escort you to jail, where you must submit to a breath or blood test upon request
• You must be given the Miranda warning if you make statements to the police after you are arrested and placed in custody
• You must be given a choice of breath or blood testing
• You must be informed of the legal consequences if you refuse alcohol testing, you are violating California implied consent laws
• Since the breath test is administered at a police station is disposed of after the testing, you must be given the opportunity to obtain a blood sample for later testing

Your sentence may be enhanced if you:

• Had a prior conviction within the last 10 years
• Were caught speeding 20 mph over the speed limit
• Had a child younger than 14 in the car
• Refused to submit to alcohol testing
• Had a reading over .15%

Speak to our attorneys for assistance with your case. We can advise you of your legal options, and if necessary, help you seek an occupational license to drive to work.

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Drug and Controlled Substance Crimes

The Biegel Law Firm is intimately familiar with the complex issues involved with defending clients against drug charges. Depending on the charges filed against you, you could face penalties as minor as mandatory drug treatment to penalties as severe as life in prison.

For example, first-time and second-time offenders accused of non-violent, simple drug possession may be eligible to benefit from drug treatment programs, rehab, and diversionary programs as an alternative to incarceration. Under California's Proposition 36 (The Substance Abuse and Crime Prevention Act of 2000), Deferred Entry of Judgment (DEJ), and other "supervision and treatment" programs endorsed by drug courts, our attorneys are often able to bridge the gap between treatment modalities and mitigated sentencing. In many cases, completion of drug treatment could result in a dismissal of the drug charges.

Meanwhile, third-time felony drug convictions automatically result in mandatory minimum sentences of 25 years to life, per California's Three Strikes law. If you are facing criminal charges under these circumstances, the only thing standing between you and a jail cell is the criminal defense attorney you select to represent you. Speak to our attorneys to find out how we can help you.

While marijuana possession is often indicted under a lesser misdemeanor charge, felony charges may be filed for possession of controlled substances like:

• Amphetamines
• Cocaine
• Crystal meth
• Ecstasy
• Hashish
• Human growth hormone
• Methamphetamines
• Prescription drugs
  • Codeine
  • Oxycodone
  • Oxycontin
  • Valium
  • Vicodin
• Steroids

Our attorneys can help defend you against the following drug charges:

• Conspiracy
• Drug distribution
• Drug possession
• Drug selling
• Drug trafficking
• Illegal possession of prescription drugs
• Possession with the intent to sell
• Producing or manufacturing of drugs
• Racketeering

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Domestic Violence

In the wake of information about domestic violence which came out during the O.J. Simpson trial, the California Legislature passed a whole series of statutes dealing with issues of spousal abuse.

In fact, the Monterey County Superior Court has designated a special court to handle felony and misdemeanor domestic violence prosecutions. The District Attorney’s office has designated an entire team of attorneys to prosecute these cases, and they are formidable.

Once charges have been filed, only the prosecutor can drop the charges. Even if the alleged victim wants to drop the charges, the prosecutor can proceed with the criminal case and call on the victim to testify as a witness to the crime.

Biegel Law Firm attorneys have over 80 years of combined experience defending clients accused of domestic violence. We constantly strive to help clients deal with the charges facing them. Our attorneys have successfully helped many clients defend themselves against accusations of domestic violence and helped many others take advantage of counseling and probation as an alternative to a jail sentence. In many cases, the results of the trial spur a reunification process between affected family members to save the marriage or relationship.

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Juvenile Delinquency

Over the years, the Biegel Law Firm has represented hundreds of young people whose parents hired the firm to deal with problems—problems as minor as curfew violations and as serious as murder. We pride ourselves on working with our client and his or her parents to not only help bring forth a just result, but also ensure that the minor’s future is not jeopardized by the proceedings in Juvenile Court.

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