Law Offices of Leon J. Mezzetti, Jr.
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  • Fremont Office
    39510 Paseo Padre Pkwy
    Suite #190
    Fremont, California 94538
    Phone: 877-791-1836 or
                  510-791-1836
    Fax:      510-796-1624
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    Pleasanton Office
    5674 Stoneridge Drive
    Suite #201
    Pleasanton, California 94588
    Phone: 877-791-1836 or
                  925-251-0677
    Fax:      925-463-3818
    email firm

    San Jose Office
    1550, The Alameda
    Suite #207
    San Jose, California 95126
    Phone: 877-791-1836
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    Frequently Asked Questions about Criminal Defense

    Q: Is unsuccessfully attempting to commit a crime an offense?

    A: It may be. It depends on the circumstances and on the law of the jurisdiction. A person who intends to commit a particular crime and takes a substantial step toward perpetrating it, but fails to actually complete it may be guilty of the separate crime of attempt. Generally an act that is extremely remote from the completed crime, such as early preparation, will not be significant enough to constitute criminal attempt.

    Q: What is the role of the grand jury?

    A: The US Constitution requires that the federal government convene a grand jury to decide whether accusing a person of a major crime is appropriate. In a practice originating in England, the grand jury reviews the evidence and may hear testimony in deciding whether to indict someone, but the grand jury makes no decision about guilt or innocence. Another traditional purpose of the grand jury is to serve as a buffer between an overzealous prosecutor and the accused. All states also use the grand jury system to some extent.

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    Since 1992, the likelihood of an arrest leading to a conviction has generally risen. Although some defendants think that they can "beat the system" on their own, having an experienced criminal defense attorney on your side is the best way to prevent becoming another statistic.

    In the past 25 years of practice, Leon P. Mezzetti, Jr., the attorney and founder of the Law Offices of Leon J. Mezzetti, Jr., has helped thousands of people accused of crimes in Northern California. On our Criminal Law page, we go into further detail about his experience and approach; on this page, however, we want to give you valuable legal information pertaining to criminal charges.

    The Law Offices of Leon J. Mezzetti, Jr. are ready to help you with any other criminal law questions or with your legal problems. Please contact us as soon as possible so our lawyer can immediately start work on your case. We are centered in Fremont, California, but Mr. Mezzetti can fly his own plane across Northern California (depending on the case), including the Bay Area, San Francisco, Oakland, Alameda, Fremont, Hayward, Pleasanton, San Jose, and Sacramento.

    Criminal Defense - An Overview

    Our criminal-justice system can be overwhelming and frightening. The United States' incarceration rate is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal-defense lawyer as early in the process as possible, preferably even before questioning or investigation. A skilled attorney can fight for your legal and constitutional rights. Remember that if you cannot afford to hire a lawyer, the government may have to provide one for you.

    Criminal Liability

    Historically in our criminal-justice system, two things must have been present for criminal liability to attach to an action. First, a person must have the intent to take the criminal action. Traditionally this culpable state of mind was called mens rea, Latin for guilty mind.

    The second requirement for criminal liability is actus reus, Latin for guilty act. The prohibited physical event must take place in combination with the requisite criminal intention for the actual commission of a crime to take place.

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    Constitutional Protections of the Criminal Defendant

    When our country was founded, its supreme law was recorded in a document called a constitution. A national constitution establishes the country's basic philosophy and structure and can be looked at as the blueprint from which the laws will flow. The United States Constitution and its subsequent amendments define the scope of governmental power and reserve certain individual rights to the people.

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    Classifications of Crimes

    Because the negative behavior regulated by the criminal laws varies from relatively minor to devastatingly violent, crimes are classified into levels or degrees. The classification of a crime reflects its seriousness. If you face questioning or arrest or are accused of a crime, you should consult an experienced attorney as early in the process as possible for help protecting your legal and constitutional rights. A criminal-defense lawyer can explain the particular crime involved and its possible ramifications.

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    The Death Penalty

    Worldwide, capital punishment is becoming less popular and is seen increasingly as a human-rights violation. The majority of executions take place in Iran, China and the United States. In the US, 37 states and the federal government allow execution as a criminal penalty under certain circumstances. The states with the highest numbers of executions are Texas, Florida, Virginia, Missouri and Oklahoma. Experienced legal counsel is of the utmost importance for anyone accused of a capital crime.

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