- Divorce
- Child SupportA conviction in criminal court can have serious implications in a family law child custody and/or divorce proceeding as the court will make legal presumptions based on the conviction alone that can affect child custody orders and the ability to be awarded spousal support issues. It becomes quite the nefarious tactic for a spouse that is the wage earner to allege ongoing domestic violence in an effort to avoid, in part or entirely, paying otherwise required spousal and/or child support. It is always best to consult with a family law lawyer in addition to a criminal defense attorney if these are potential issues for you.
- Child Custody and VisitationAlmost 95% of sex crimes offenders are first time offenders and many are even wrongfully accused. You are always innocent unless proven guilty at trial. It is not uncommon that people will accuse someone of a sexual crime out of spite, anger, jealousy, even if no crime was actually committed. A false allegation in the course of a child custody case or family law case is so common that there is actually a code that specifically sanctions such false allegations. Our attorney can fully investigate your accuser, the real facts leading up to the arrest and work tirelessly to reduce or acquit you of your charges. If you or a loved one is facing an allegation for a criminal sex offense, make sure that you contact us today.
- Spousal Support
- Child AbuseChild Endangermen t (Penal Code 273(a) or Penal Code 273a) – Domestic violence committed in the presence of children or where a child is actually placed in harm's way is considered child endangerment. Punishment can include up to six years in state prison. If probation is granted, the court will impose a minimum four-year term of probation, up to a year in county jail, and a mandatory 52-week child abuse classes. The punishment for child endangerment can vary greatly depending upon the specific code section alleged.
- Criminal DefenseAt The Law Offices of Benjamin Okin you can rest assured that you will be receiving the best legal advice you can get in Humboldt County. Our firm has close to two decades of practice in criminal law. Our practice is solely devoted to defending persons accused of committing crimes.
- DUI/DWIMr. Okin is a skilled negotiator and trial attorney who is known for his professionalism and effectiveness behind the scenes and in court. He has successfully tried to jury cases from quadruple homicides, to medical marijuana defense, to DUIs and everything in between. DAs know that Mr. Okin will go to trial on your behalf often leading to better offers to avoid the uncertainty of trial.
- Traffic ViolationsReckless driving based on consumption of alcohol. A wet reckless conviction is a prior conviction for future DUIs just as if convicted of a DUI. There are other potential penalties that can be avoided depending on your particular case if you are offered a wet reckless. The maximum term of incarceration for a wet reckless is 90 days jail.
- Sex CrimesConviction of a sex offense often requires a lifetime registration as a sex offender Penal Code 290. In some less serious offenses, lifetime registration is left up to the judge to decide if it should be imposed at sentencing. As a registered offender, your private information will become public, such as the crime you committed, your full name and home address as well as any characteristics such as tattoos and scars. If you fail to register, you could be arrested again and potentially be sent to prison.
- FraudTheft crimes range in seriousness from crimes like armed robbery to petty theft or shoplifting. Theft includes crimes such as burglary, robbery, grand theft, check fraud, embezzlement, possession/receipt of stolen property, car theft, false impersonation, petty theft, and more.
- RobberyFighting a theft charge in California is often very challenging and requires a proactive, effective, and experienced legal defense a team. If you are a loved one has been charged with any theft related offense from armed robbery to petty theft, you should contact our office as soon as possible. We have been successfully defending people accused of theft-related offenses in the Humboldt County Courts and its surrounding three counties with nearly 20 years' experience.
- BurglaryAdditionally, the California Legislature continually passes new laws specifically intended to increase punishment for theft related offenses. For instance, having a prior conviction for a theft offense (even petty theft) can elevate any new theft charge to a felony offense. Another example is that if a person is convicted of a residential burglary, you are presumed ineligible for probation, even on a first-time offense (meaning the law says you should go to prison even if you have no prior record).
- Theft
- MisdemeanorsPassed in November 2014, Proposition 47 makes all simple possession (possession for personal use) misdemeanor offenses. Additionally, if you were convicted of a felony simple possession in the past, you can petition to the court to reduce the felony to a misdemeanor under Proposition 47. There are exceptions to this relief and consulting with an attorney is advised. Note, for instance, that reduction to a misdemeanor under Proposition 47 alone does not restore your right to possess/own ammunition or firearms.
- EmbezzlementEmbezzlement – (Penal Code 503) – Embezzlement is being placed in a position of trust, and hen using that trust to commit a theft. Examples of embezzlement from your employer includes taking cash from the register, taking a printer paper home for personal use, or simply not charging a friend for their food order. The prosecutor often can, and often will, charge you with a felony regardless of the value, or lack of value, of the item at issue. A conviction for embezzlement alone carries up to 3 years in state prison.
- Drug CrimesMost drug related crimes are defined under the California Health and Safety Code. This includes conduct for everything from simple possession, to transportation, to possession for sales and beyond. What code your case falls under and the degree and severity of potential punishment depends on numerous factors including the specific drug involved, the quantity possessed, the nature of how it is possessed, whether cash, guns, or weighing scales are in close proximity at the time of arrest, and more. Prior drug offenses can lead to the charging of sentencing enhancements that can add up to three years to your total possible sentence and may lead to probation ineligibility.
- Assault
- MurderThere is hardly a more serious crime than murder. The attorney at the Law Offices of Benjamin Okin is highly experienced in handling all levels of murder cases before charges are filed, at the pretrial proceedings and at trial.
- Probation ViolationPeople v. TW - Felony Sexual Assault, Felony Possession Marijuana for Sale, Felony Unlawful Cultivation of Marijuana, Three Open DUI Cases with Priors, Driving on a Suspended License with Priors, 3 Probation Violations (10 Cases in All). RESULT: Misdemeanor False Imprisonment, Marijuana Charges Dismissed, Two New DUIs, One Wet Reckless, Admit VOPs. 145 Days Custody - SWAP Eligible Instead of Serving Time in Jail. Client Avoids Registration as a Sex Offender.
- Homicide2nd Degree Murder - Four Counts - Quadruple Homicide - Not Guilty all Four Counts of Murder, Convicted of Lesser Manslaughter Crime. After a successful appeal by our attorney, sentenced reduced and client served less than three years in a State Prison fire camp. (People v. CB).
- ArsonMr. Okin handles all felonies and misdemeanor cases. This includes but is not limited to crimes such as murder / attempted murder, serious & violent felonies (strike offenses), medical marijuana defense (cultivation, transportation, sales, processing, and possession), theft crimes (burglary, robbery, embezzlement, etc.), money laundering, DUI defense, drug crimes, arson and more. We also handle state and federal crimes, as well as juvenile offenses.
- ShopliftingJuvenile delinquency is the legal wording used to describe a person under the age of 18 that has been connected with criminal behavior of some type. Generally, juvenile delinquents are adolescents and older children that have had some sort of run-in with the law, perhaps being accused of shoplifting, consuming alcohol, DUI, drunk in public, assault etc.... Estimates speculate that between 60% and 80% of all pre-adolescents and adolescents in the U.S. are connected with some form of criminally offensive behavior for their age. As such, juvenile delinquency is a persistent issue that police officers and legal officials have taken notice of and are now working towards alleviating. Unfortunately, not always are their efforts effective in producing ideal results.
- Restraining OrderWhen an arrest is made, the alleged victim will be offered an emergency protective order. This order will last for 5 calendar days with the intent to allow for a cooling off period and to give the alleged victim the opportunity to file for a Domestic Violence Restraining Order if desired (See DVRO below)
- ForgeryPeople v. CL - Felony Bank Embezzlement, Felony Forgery. Client allegedly took over $21,000 from bank vault and in travelers checks. Mr. Okin subpoenaed records that helped show it could have been any employee that took the money and undermined using experts the writing samples evidence allegedly done by client. Mr. Okin also unveiled gross failure of bank to follow own bank protocols that would show who did take the money. RESULT: Case Dismissed after One Year Diversion. No Conviction.
- Money Laundering
- Kidnapping
- ManslaughterManslaughter is the killing of another human being without malice. There are two types of manslaughter; voluntary and involuntary. Voluntary manslaughter is a death caused in a sudden quarrel or in the heat of passion. The maximum punishment for voluntary manslaughter is 11 years in prison. Involuntary manslaughter is negligently the causing death of another human being. The maximum punishment for involuntary manslaughter is four years of incarceration.
- Hit and RunPeople v LF - Hit and Run. Plea Diversion for 25 Hours of CSW. RESULT: Case Dismissed of Successful Diversion; Client Able to Keep his Job.
- Workers CompensationWorker Comp Insurance Fraud – legally permitted/licensed or not, the District Attorney has begun to look at whether worker compensation insurance is being paid for farm workers. Failure to have workers compensation insurance can lead to criminal charges and excessive civil fines. It is part of the reason why there are companies set up that provide farm workers (waterers, trimmers, etc) that handle this aspect for the grower.