Comprehensive Defense Strategy
Our defense methodology starts with an exhaustive and meticulous examination of every relevant detail in your case. We thoroughly dissect the prosecution's evidentiary submissions, scrutinize the circumstances surrounding your arrest, and delve deeply into the methods employed for the collection of any digital data.
Critical Avenues for Challenging the Prosecution:
- Legality of Search & Seizure: Was the search warrant properly issued and executed in accordance with legal mandates? Was the evidence obtained through lawful means? If not, we vigorously challenge unlawfully obtained evidence, a fundamental step in upholding your constitutional protections.
- Authenticity & Integrity of Digital Evidence: Digital files are susceptible to alteration, corruption, or misinterpretation. Our expert collaborators are proficient in identifying issues pertaining to data acquisition, maintaining a proper chain of custody, and assessing the overall reliability of the digital evidence presented by the prosecution.
- Intent & Knowledge: A cornerstone of many of these charges is the requirement to prove criminal intent. Did you knowingly possess or distribute the material in question? A demonstrable lack of provable intent can frequently form the foundation of a compelling defense.
- Mistaken Identity/False Accusations: Regrettably, instances of wrongful accusation do occur. Such situations may arise from shared network access, compromised online accounts, or erroneous identification. We conduct thorough investigations into these possibilities.
- Entrapment: Were you improperly induced by law enforcement to commit an offense that you would not have otherwise perpetrated? This represents a complex, yet potentially effective, defense strategy.
We diligently explore every available legal avenue. This includes challenging evidence admissibility through pre-trial motions and engaging in strategic negotiations with prosecuting authorities, with the aim of securing reduced charges or alternative sentencing options. Our firm leverages extensive experience derived from a broad spectrum of sex crimes defense cases, applying this knowledge to create robust and effective defenses for your case.
Why Choose Ernenwein & Mathes, LLP
When confronted with charges of this magnitude, the selection of appropriate legal representation transcends a mere choice; it constitutes a pivotal decision that can fundamentally shape your future.
- Unparalleled Experience: With Robert Ernenwein and Michelle Mathes contributing over 60 years of combined experience, our firm offers a deep understanding of California's intricate criminal defense statutes and the specific nuances of child pornography defense.
- Direct Access to Your Attorneys: In contrast to other firms where client interaction may primarily involve paralegals or junior associates, we pride ourselves on providing direct, personal access to your defense attorneys. You will communicate directly with Robert Ernenwein and Michelle Mathes, thereby ensuring prompt responses and consistent, unambiguous guidance without the intervention of intermediaries.
- A Genuinely Client-Centered Philosophy: We place immense value on transparent communication, empathy, and unwavering support throughout what is undeniably an extremely stressful period. Your peace of mind and the protection of your future are our top priorities.
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I cannot thank Robert enough for his efforts, knowledge, and execution in my case. He gave me a second chance.- Kevin Q.
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Michelle has had a profound impact on my life. She not only has a firm grasp of legal matters, but also of human emotions. This dynamic duo worked all hours of the day and night on my case. They exerted effort way beyond the amount that I had paid them.- Khadijeh K.
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If you are in need of a great attorney with an abundance of experience as well as a very professional office staff who constantly will keep you updated, call Ernenwein & Mathes!- Jake L.
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They are the gold standard for defense attorneys. A+- Former Client
The Legal Process: What to Expect on Your Journey
Understanding the legal process ahead can significantly ease anxiety and uncertainty. While each case is unique, the process typically involves several key stages:
- Investigation Phase: Often, the legal process begins with an investigation, which might include law enforcement executing search warrants and seizing your digital devices.
- Arrest & Arraignment: If formal charges are filed, you will be arrested and then appear in court for an arraignment, where you will formally enter a plea.
- Pre-Trial Hearings & Motions: This critical phase involves the exchange of evidence (discovery), a thorough review of all evidence, and the strategic filing of motions—such as motions to suppress evidence—all designed to strengthen your defense.
- Plea Negotiations: We engage in detailed, strategic negotiations with prosecutors, exploring every viable option, including reduced charges or alternative sentencing, with the goal of achieving the most favorable resolution without the need for a trial.
- Trial (if applicable): If a satisfactory resolution isn't reached through negotiations, your case may proceed to trial. In that scenario, we will vigorously defend your rights and present your case compellingly before the court.
- Sentencing: In the event of a conviction, our advocacy continues. We will ardently argue for the most lenient possible sentence, exploring all available alternatives and advocating resolutely for your future.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 310-361-3068 today!
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Should I Hire A Torrance Juvenile Attorney For My Child?
Absolutely.
The right counsel can help you avoid pitfalls that may arise in the case, such as the juvenile court’s determination that the case is serious enough (i.e., felony) to justify your child being charged and tried as an adult. If your child is tried as an adult, his or her case is moved to adult criminal court, and if convicted, may go to prison with adult offenders.
The defense lawyers at Ernenwein & Mathes, LLP, have handled over 1,000 juvenile cases over the course of their combined 60 years of experience. We will make every possible effort to allow your child to remain in juvenile court. We can attend your child’s fitness hearing, where the court makes the decision regarding whether to try your child as an adult or a juvenile. Psychiatric reports, probation reports and legal arguments can be arranged to help convince the juvenile court to retain its jurisdiction over the minor.
As Robert Ernenwein is a former Los Angeles deputy district attorney, the lawyers at Ernenwein & Mathes, LLP, know the criminal process inside out, giving them a distinct edge when they represent you in court. They are well-respected and well-known by Los Angeles prosecutors and judges.
If your child has been charged in a criminal case, contact Ernenwein & Mathes, LLP, Los Angeles and Orange County criminal defense lawyers today at (310) 361-3068 for a free case review.
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What Kind Of Punishment Will My Child Received If She Or He Is Convicted?
Generally, punishments fall into four different categories. First, your child may be sent home on probation. Second, the juvenile may be sent to a placement facility within the community, such as a boys’ or girls’ home. Third, the juvenile may be sent to a camp facility. The camp may be a short-term camp and last as little as four months or as long as 12 months. Finally, your child may be sent to DJJ, which is a juvenile version of an adult state penitentiary.
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If My Child Is Convicted, Will The Conviction Remain On His Criminal Record?
If you hire us, we will try to get your child’s case deviated out of the criminal justice system through deferred entry of judgement or to seek informal probation with dismissal or a dismissal after formal probation. If we can secure these as conviction/sentencing options, the offense will not go on his or her criminal record. If a plea of no contest or conviction occurs in a case, the record can be sealed after the juvenile’s 18th or 21st birthday.
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My Child Has Been Taken Into Custody. What Can He/She Be Charged With?
Depending on the seriousness of the charged offense, the prosecutor can file either misdemeanor or felony charges. If a minor is convicted of a misdemeanor, he will be placed on probation, detained in a juvenile facility, such as a boot camp or a ranch, ordered to pay a fine or a combination of these punishments. If the minor is convicted of an infraction, such as a motor vehicle violation, he or she will usually be punished with a fine.
However, the minor will face much more severe consequences if he is convicted of a felony. The court may sentence to incarceration in a state institution, such as the Division of Juvenile Justice (DJJ), which is the equivalent to a state prison sentence for adults. In addition to or in the alternative, the court may order house arrest (electronic monitoring), commitment in a youth center, probation, parole or undergoing treatment programs.
There are rules and procedures that are unique to the California Juvenile Court and, therefore, make it very different from adult criminal court. For instance, juveniles are not entitled to jury trials (the theory being that, since juveniles are being rehabilitated rather than punished, they are not entitled to all protections otherwise afforded adult criminals). Juveniles also have no right to bail.
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If You Were Not Drunk When The Fatal Crash OccurredEven if you were not drunk when the accident took place, you could still be charged with vehicular manslaughter. The prosecution will need to show that you committed an unlawful act while driving and were grossly negligent. For example, if you were speeding or driving recklessly, it could be considered an unlawful act. Gross negligence could come into play, too, which basically means you disregarded the safety of others.
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Our Areas of PracticeOur firm is dedicated to criminal defense. See how we can help!
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Dedicated to Your DefenseGet to know our defense law firm and see how we can help!
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Request a ConsultationReach out today to speak with a member of our team.