San Diego Defenders

ForfeitureWatch.org has discovered that 9 out of 10 people do not contest the #forfeiture because most people think it will lead to charges. Most law firms polled say this is not true. We have been successful in the return of the car or cash in 99% of the cases we take. Civil Asset Forfeiture abuse has to stop. If you have gotten a Notice of Seizure and Information to Claimant - CAFRA FORM call a lawyer! (619) 777-0000 https://forfeiturelawfirm.com/... https://www.forfeiturewatch.org/ https://youtu.be/k_qUAMHPBG4 See more

Join San Diego Defenders in the Homeboy Industries 130 Challenge. Stand with us by committing to 130 acts of hope, miles, minutes, or any other measurable metric of a challenge that is authentic to you. Click the link to join our team! https://www.homeboy130challenge.org//da535e2e-9550-4033-9d

VOTING EXTENDED UNTIL 09/21/2020! Only a couple more weeks to vote for San Diego Reader's Best of the Best! Vote San Diego Defenders for "Most Successful DUI team in San Diego". It takes less than 30 seconds! https://bestof.sandiegoreader.com//Best-Law-Firm$Attorney-

We made it to round two! Only a couple more days to vote for San Diego Reader's Best of the Best! Vote San Diego Defenders for "Most Successful DUI team in San Diego". It takes less than 30 seconds! https://bestof.sandiegoreader.com//Best-Law-Firm$Attorney-

Only a couple more days to vote for San Diego Reader's Best of the Best! Vote San Diego Defenders for "Most Successful DUI team in San Diego". It takes less than 30 seconds! https://bestof.sandiegoreader.com//Best-Law-Firm$Attorney-

San Diego Defenders has been nominated for the San Diego Reader's Best of the Best, specifically "Most Successful DUI team in San Diego". If you have time, please cast a vote for the best DUI firm in San Diego, it takes less than 30 seconds! We'd really appreciate it! https://bestof.sandiegoreader.com//Best-Law-Firm$Attorney-

Like our new Forfeiture Law firm Page for current updates on seizures and advice on how to get your property back!

Notice of Seizure and Information in Border 100-mile Twilight Zone Most people know that you have a lessened expectation of privacy when you cross an international border such as from Tijuana Mexico into San Ysidro, California. So we are not surprised when we get frisked and otherwise violated by a U.S. Customs officer if we walk across the CBX line at Otay. Maybe our car is searched when we are sent to secondary inspection. If you have not declared that you have over $10,...000 in currency (that means dollars and pesos converted combined!) then Customs will seize it all. And if you are driving around the Campo, CA area, or Pine Valley, you can get pulled over for very little reason to inspect the immigration papers of your passengers. Why, because the Courts have decided that if you are within 100 miles of the Border, you are close enough. Did you know that the U.S. Department of Justice made 8 U.S.C. 1357(a)(3) about the 100-mile border zone in 1953 and nobody said anything about it. That was a long time ago. Only 1,100 Border Patrol agents were in the entire USA, today, there are over 21,000. The bottom line is it is important to know that 2 out of 3 citizens of the US live within that 100-mile zone. So don’t blame it on your lawyer when the 4th Amendment offers less protection in the 100-mile twilight zone. Take heart in knowing that we are very successful in getting your vehicles and money back when seized, we just depend on other Constitutional rights. forfeiturelawfirm.com 619-258-8888 Image Source: https://www.southernborder.org/100-mile-border-zone

Have a safe 4th of July weekend! If you or a loved one is in need of legal help. Call San Diego Defenders 619-258-8888!

Letter Notice of Seizure and Information to Claimants Non-Cafra Form What? Loaned your vehicle to a friend or family member and did not get it back, but got this Notice of Seizure Letter? Don’t ignore it, you may need legal help to get it back by petition or claim or the Government, usually, US Customs and Border Protection will keep it. The same is true if Customs seized your cash money when you were crossing into Mexico or back into the United States. Even if the letter o...r someone mentions criminal charges, in most cases, that does NOT apply to you. You may be an innocent owner or in some cases, a person that law enforcement chose not to criminally charge. We have many cases where we got the vehicle returned anyway. In most cases where our clients failed to declare over $10,000 in currency we have gotten it back in most cases. We offer affordable flat fees with payment plans and in some cases contingencies with a modest deposit. (619) 258-8888 Read more: https://sandiegodefenders.com/3776-2/

US Customs Seized Money Going Into Mexico for Failure to Report $10,000,00? The Customs Agent exclaimed More Money for Overtime! The U.S. Customs and Border has started to ask US citizens (and Visa holders) how much money do you have on you today? In this case, my client was scheduled to have a surgical procedure, (which is much less money in Tijuana,) and the Surgeon charged 3% less if she did not use a credit card. So, to save $300 on the $10,000 surgery, she withdrew ca...sh. As she crossed with her friend that was going to take care of her, both of them answered honestly and were quickly handcuffed and sent for interrogation while the agents said they were counting the cash. My client told the truth, I have the withdrawal slip for $10,000, and the emails showing my surgery is today! The Customs agents did not care and they seized the $10,038.00 USD for 31 USC 5317(c)(2), 31 USC 5316(a)(1)(A) for failure/inaccurate report over $10,000 USD out of the U.S. and gave her a letter with no instructions except that she would receive a letter. The Agents said, You can go into Mexico now, or turn around. Gee thanks. So your first thought may be, how the United States Customs and Border Protections FP&F of Fines Penalties & Forfeitures can justify taking $10,038.00 for being $38 dollars over the limit. A ten thousand dollar fine for failure to declare? Well if you do not know how to fight it or think you will get criminally charged and are too scared to fight it, the Customs agent seizing your money will get accolades because he just made a cool $10,000.00 for a perfectly legitimate business transaction in Mexico because most American citizens do not have any idea they have to declare on the way into Mexico and well as on the way back into the United States. As of June 2020, San Ysidro and Otay CBX Passenger Operations has been snagging their easy money both ways. Luckily, she found San Diego Defenders Law Firm in Chula Vista, just miles from the border at the Tijuana San Ysidro POE and called. I have already contacted the FP&F and let them know I am on the case. And I fully expect to get the money back, although Customs will probably ask for a small fee in return. These old laws that are being used by U.S. Customs are complicated and yes, in theory you could be charged criminally. But I have yet to see that happen to one of my clients because the United States Attorney does not like to lose cases in District Court and I do believe we would prevail. The seizing of money by US Customs when you are crossing into Mexico is something new. I know clients that have been crossing for years and NEVER have they been asked if they are declaring any cash crossing into Mexico. If you know friends that are crossing into Mexico without declaring, warn them. If they do not listen, give Daniel Smith a call and I will talk to you personally. (619) 258-8888.

COVID-19 had changed everything...for a while. Your first court date is going to be set out way more than the usual 30 days because the courts are closed and we are doing most court appearances via teleconferencing and video conferencing with the San Diego Superior Court. If you do not have a private attorney, the Public Defender will be representing you. If your license is important to you, then your Temporary Drivers license (the Pink Sheet’) will expire 30 days from your... arrest and the Public Defender will NOT be setting your DMV hearing to try to save your license which may be VERY important to you. We like the Public Defender and many are our friends, but they are not paid to represent you with the DMV and they simply do not have the time (25 years ago both Dan Smith and Jon Pettis were public defenders, so we know!) At San Diego Defenders, we do not charge extra to represent you and counsel you on how to keep your license. We make all the court appearances for you so that you can concentrate on keeping your job or finding a new one. The stimulus checks appear to be over. That is why we offer affordable flat rate fees and payment plans. DUI defense lawyers Dan Smith and Jon Pettis work as a team on your DUI case, not some mystery lawyer you have never met. We are a small boutique law firm with an excellent Spanish speaking staff that cares about our clients. We have plexiglass at reception and conference room so you can see us ( and masks if you would prefer). Easy to park free in front of the office or in our marked spaces outback. Go to our website and fill out the DUI form or Call us today at (619) 258-8888 and leave a message if you get voicemail and we will call you back. San Diego Defenders go to court (and set the DMV) for you!

Court Video Conferencing During Pandemic With Private Defense Lawyers While the San Diego criminal courts have re-opened after being closed from March 17th through May 25th, the buildings are still almost completely shut to the public and lawyers. Many cases are on hold, but, some are being dealt with using video appearances. The prosecutor, defense attorney, defendant in jail, or at their attorney’s office and the Judge all get together through a Microsoft Teams meeting.... For people looking to hire a lawyer to handle a new case or one of the many cases that had court dates disappear because of the court closure, there are two key factors to keep in mind when choosing a lawyer. One, make sure your lawyer is equipped and trained on making these virtual appearances. Most matters are currently being handled by the Public Defenders. Only a few private attorneys are making appearances now. Court can get frustrating for everyone involved when it is running normally. That’s bad. Frustrated Judges and prosecutors can lead to trouble for defendants. Even before the courts re-opened, we here at San Diego Defenders became very adept at using the video system and set up our office so if need be, our client’s can appear here in our office with full social distancing and other safety measures in place. We actually just resolved a case in the last week and the results were great for our client because we moved so quickly and knew how to operate in the current system. Forms that used to be hand-delivered to the court now are scanned and emailed. In some cases, the lawyer and the prosecutor can agree to what will happen and the defendant never even has to appear on the video. Too many people will be tempted to just wait and see what happens with their case. That is a bad idea for three reasons. First, that could mean a warrant eventually being issued and getting arrested and taken to jail. Nobody wants to be incarcerated during a pandemic. Jail is the perfect place to get infected. Second, with the huge backlog of cases that have built up because of the shutdown, sooner may be much better than later to try and cut a deal. Third, simply having a case hanging over your head can be stressful and cause anxiety that you simply do not need to be dealing with, especially with how crazy everything is now. So, if you have a criminal case, whether it is a DUI, domestic violence case, or any other criminal matter, you are better off hiring the right lawyer sooner rather than later.

Qualified Immunity As Real Change In The Wake Of George Floyd Rioting! Ratings versus Reality. It seems that all TV media wants to do, when talking about the George Floyd public outcry, is to bring on TV pundits that support dismantling of the police force or stick with the status quo. What? Would you feel safe if there were no law enforcement? Most of us say no! In the same breath can we promise our impressionable teenagers that Officer Chauvin who fatally kneeled on Flo...Continue reading