Category: Expungements

How Can I Win a DMV Administrative Per Se Hearing After my DUI Arrest?   The scenario goes something like this: You get arrested for DUI. Your world is suddenly upside down. Your driver’s license was taken by the cops and you have a pink sheet of paper that you can’t read. You have a court date in a few weeks and you don’t know what to do.   Well, you do what everyone else does and search Google for lawyers and legal advice. You talk to one lawyer, 4 sales reps for lawyers and one legal secretary. They all …

The Modern Criminal Defense Lawyer in California Virtual offices. Video conferencing. Paperless files. Remote court appearances. This is the new normal. But many of the same old rules still hold true. Don’t hire your lawyer based on a Google search. Don’t hire the guy on the first page of Yelp with 4oo five-star reviews. Does your lawyer have a webpage for every Penal Code Section in California? That guy is paying a marketing company tens of thousands of dollars per month (or more) to get him there. Ask your friends and family for a referral to a lawyer they were …

Fight Every Commercial Driving Ticket, Period There is no downside to fighting most tickets.  If we plead “not guilty” and set the ticket for trial, the cop gets ordered to go to court. If he doesn’t show up, the case gets dismissed. This means, if he is on vacation and doesn’t show up, if he is on training and doesn’t show up, if he is injured and doesn’t show up or for any other reason, if he doesn’t show up, the case goes away. If he does show up, you can: Try and negotiate a better settlement with him, or …

Your ass is on the line. Your job is on the line. Your liberty is on the line. You’ve been arrested and you need to find the right lawyer for the job. Do you still really want to hire a lawyer you find on the internet? Google can be a great resource, but it is simply not the best way to find the best lawyer for the job. Did you at least get a second opinion or did you simply hire the first person to answer the phone (or call you back)? For years I have been telling people to …

Crime Victims Have Rights Too I’ve been getting a lot of calls lately from people telling me they have been the victim of a crime. It’s true that normally I represent people who have been arrested and charged with a crime. Sometimes, I do represent victims. It is common that crime victims don’t get the support they need from police, prosecutors and the court system. While there are systems in place to help crime victims, those systems are overburdened with virtually unmanageable case loads and more serious cases that tend to take priority. What to do if you are the …

Arrested for DUI in California Don’t make yourself crazy. Don’t spend countless hours searching the internet for advice. Don’t call 17 random lawyers from the internet.  Don’t call any lawyers who send a letter to your house after you are arrested. Do call a lawyer to whom you are referred. Yes, ask your family, friends or trusted associates if they know a good criminal defense lawyer. If your friend liked their lawyer, that’s a great place to start. If you don’t know any criminal or DUI lawyers, ask a civil lawyer if they have a friend that does it. Most …

Arrested for Domestic Violence in California Getting divorced. Bad brake-up. Vindictive ex.  Just a bad night. There are many reasons why people get arrested for domestic violence.  It could be battery, vandalism, criminal threats or other charges. Whatever the charge and whatever the reason, once the wheels of “justice” start turning, things seem to roll downhill fast. And, once the train starts down that track, it is hard to get it stopped. The first thing that any good lawyer will tell their client is to remain silent.  It’s often difficult, but I would encourage my clients to both remain silent, …

Injured in an Auto Accident in California? I write a lot of blogs about DUI.  I write a lot of blogs about hit and run.  I don’t write a lot of blogs about what to do if you are the victim of crime.  It happens all the time and many people don’t know what to do when you are the victim.  The police don’t really help you.  The prosecution doesn’t really help you.  Your insurance company doesn’t really help you. It takes an advocate to get you where you need to go. I’m going to start with some basics here:  …

Victim Restitution in California Criminal Cases I’ve spent a lot of time in the last year dealing with issues involving restitution in criminal cases in California.  Restitution is basically about compensating victims of crime for their out of pocket expenses.  In theory, defendants in criminal cases should be ordered by the court to pay these expenses to their crime victims. Expenses could be: Medical bills, loss of work, therapy, property damage or loss of use of property and even legal fees to try and collect the money. After someone is convicted in court, the court and/or the prosecution should inquire …

TEN WAYS TO AVOID A DUI ARREST THIS FATHER’S DAY WEEKEND Drink on an Island. Did you know they don’t allow cars on Catalina Island? They do have electric golf carts, so you may still have to be careful. Fly somewhere. From Burbank Airport you can get to some really great spots for about $100. Vegas and San Francisco are both only about an hour away. Try walking to dinner (or drinks). I’m from Los Angeles too, but I know it’s possible to walk to dinner. You might even get some exercise. Drink at home. Have a BBQ in the …

DUI, the Most Common Crime and it Could Happen to You DUI arrests are on the rise since the end of Covid.  More people are out and about, mixing and mingling, and generally being themselves again.  Convictions after a DUI after a DUI arrest are nearly 70%.  This does not include reductions for Wet or Dry Reckless or any other lesser convictions.  The average age of a Californian arrested for DUI is 31.  If you think you’re too old or too young, you’re wrong.  And, if you are Hispanic, you are even more likely to get arrested for DUI.  Hispanic …

Why Are Jury Trials So Expensive? I’ve been a criminal defense lawyer in California for well over of 20 years now.  I’ve done my share of jury trials, bench trials, traffic trials and even some civil trials.  Trials don’t actually come around that often for people like me.  Most cases settle.  Trials are risky. Clients often have to miss work for several days to get through a trial.  And, yes, trials are expensive. When I get hired on most of my cases, I quote a fee for entire case, without trial.  It’s normally a flat fee that covers whatever I …

IS IT EVER TOO SOON TO MEDIATE YOUR CASE? Mediate early and often is a money-saving and time saving concept which should be considered by many.  I just heard that one Ventura County trial judge has 800 civil cases on his docket.  Even if only ten percent of those cases went to trial, that would be eighty trials.  That could take two years of trials going every single day.  Your trial isn’t going to start until some day in 2026, if you are lucky.  There must be a better way. You have a dispute or a claim with value.  You …

GUN CHARGES AND YOUR SECOND AMENDMENT RIGHTS IN CALIFORNIA   Over The last twenty plus years I have represented people charged with anything from ammunition to explosives, from gun modification to manufacturing, and from assault to multiple homicides.  I’ve found a few similarities in client needs in my career.  Not only do clients want the best result that can be achieved, but they also want to do anything possible to keep their gun rights.  And, if it’s absolutely impossible to keep client gun rights in the short term, then we have to shift to the long term and make sure …

Assault With a Deadly Weapon vs. Attempted Murder; Criminal Defense Perspective in California Law But I didn’t try and kill anyone.  I hear it a lot.  So why am I charged with attempted murder and not assault with a deadly weapon?  It’s a very serious and complicated legal question.  First, the decision to charge crimes is in the exclusive discretion of the district attorney.  A lawyer or lawyers at the DA’s office decide if a crime should be charged as an attempted murder and the defendant could face life in prison, or the crime should be an ADW and the …

I just had another huge victory in Van Nuys Court.  My client was charged with residential burglary.  That is a felony.  That is a strike.  That is a presumed prison sentence.  I just got all charges dismissed in Superior Court in Van Nuys. The case went down like this:   A young woman called 911 after she heard a prowler outside her window at 3 a.m.  The police came out and didn’t find any suspects but did find the window screen removed from her exterior window.  Police called out their forensic team and they took photographs and lifted fingerprints.  My client’s …

Probation Travel Restrictions Lot’s of old clients have been calling since about Thanksgiving time asking for permission to travel for the holidays.  When clients are on felony probation, they cannot leave their home county for more than 72 hours without permission from the court or the probation officer.  They cannot leave the state at all without permission. When clients try calling probation, they usually get a voicemail.  They rarely get a call back.  When clients walk in to see probation, they normally get the same response: Go ask the judge. I wouldn’t think it would be so hard to get …

Increased Penalties for Hate Crimes in California California’s Assembly Bill 2282 increases penalties for the display of hate symbols that are placed “for the purpose of terrorizing a person”. The bill criminalizes the Nazi swastika (with explicit protection of the Buddhist, Hindu, and Jainist swastikas with history as a peace symbol), the display of a noose, the burning and/or destruction of a cross or other religious symbol, and “a sign, mark, symbol, emblem, or other physical impression including but not limited to a Nazi swastika” on another’s private property. Under this law, the one who displays the hate symbol can …

Wet Reckless in Ventura County…It’s a Thing Now A recent policy with prosecutors in Ventura County is allowing the plea bargain of DUI’s.  In the 27 years I have been practicing law in California, there was only one Alcohol Related Reckless Driving offense given out in Ventura County.  Most people don’t even know about it.  That’s because the district attorney then, Michael Bradbury, didn’t authorize it.  Actually, he strongly opposed it.  The problem was that his office wasn’t prosecuting the case.  It was the State Attorney General handling the case because the defendant was a Ventura County employee and the …

Why I Handle Personal Injury Cases in California? I have been practicing law for over 25 years.  I still get people who tell me they didn’t know I handled personal injury cases.  I have a small practice that deals mostly with criminal cases in California.  Occasionally, I go to Federal Court.  Occasionally, I travel to other states when my client’s ask me to.  Mostly, I hang around Southern California from Santa Barbara to Orange County and anywhere in between.  I don’t advertise, but I do get friends and family and other referrals who call me about handling their injury cases.  …

For years I’ve been telling people not to believe everything they read on the internet and not to believe everything a lawyer tells you before you pay him.  I get emails almost every day from people claiming they can improve my damaged reputation.  I may be damaged, but my reputation is pretty darn good.  About every ten years I get a review from some former client saying that I am evil or wasn’t nice to them or some such thing. The last negative review I got was from a client on a criminal threat case.  Unfortunately, I had to declare a …

Diversion in California Criminal Cases Diversion a word that we have been hearing in California criminal cases for decades.  Before 1997 we had informal diversion in low level drug cases.  The benefit was that clients would not have to plead guilty to a felony in order to take advantage of the program.  If they finished the program successfully, the case got dismissed without any conviction or sentence.  After 1997, the law changed.  Diversion became “deferred entry of judgment”.  This meant that you would have to plead guilty and get “convicted” of the charge.  The conviction would not become permanent if …

Prosecutor MUST Consider Immigration Consequences in Plea Negotiations Under California Penal Code Section 1016.3, There are certain mandatory obligation of both the defense and the prosecution.  “The defense lawyer must provide accurate and affirmative advice about the immigration consequences of a proposed disposition….” It seems kind of funny that they have to make a law telling the defense lawyer he needs to do his job.  But, what used to happen is a defense lawyer would try to compartmentalize the job and tell the client to go consult with an immigration lawyer.  Not so fast, said the legislature.  Defense lawyers now …

What Happens After the Preliminary Hearing? Clients are quick to hire lawyers who quote them low up-front fees for what are often very serious felony cases.  The lawyer gets on the case, he is unable to settle the case in a manner that makes the client happy and then the case gets set for a preliminary hearing.  With little communication, lawyer comes back to court, conducts the preliminary hearing, defendant is held to answer and lawyer is never to be seen again.  “What do we do now”? You ask the lawyer as he is walking away. “We don’t have any …

Tactical Representation of Victims in California Domestic Violence Cases For a number of years, I have been representing victims in domestic violence cases.  If you think it sounds strange for a career defense lawyer to represent victims, let’s take a closer look: There’s a fight at home.  Husband and Wife are arguing about money, kids, drinking, cheating, you name it.  In a fit of rage, Wife calls 911.  The cops come out and arrest Husband.  A felony arrest, almost every time.  Bail in Los Angeles: $50,000.  In Ventura: $20,000. By morning, tempers subside.  Husband is home now but is 2 …

NEW DMV LAW IN CALIFORNIA DUI CASES A new case came down that is very significant in California DUI casesDUI Defense.  The case is called CDLA vs. DMV and it has to do with the patent unfairness that has existed in DUI hearings for many years.  By way of background, when we are arrested for DUI in California and our blood alcohol was .08 % by volume or higher, the arrest also triggers an Administrative action by the California Department of Motor Vehicles.  The arrest actually causes an automatic suspension of the driving privilege.  That’s right, an automatic suspension.  Sounds …

I’ve been practicing law for a long time. I’ve learned that not all clients take the same level of responsibility in dealing with their criminal cases.  I understand this.  In my personal life, I have been known to try to ignore things and hope that they go away.  They don’t.  Things don’t just go away.  Especially not criminal or DUI charges in California. Clients frequently tell me that they feel better after they hire me.  I’m glad to hear this.  My job is to make things easier on my clients.  But this doesn’t absolve the client of any responsibility at …

Why Don’t Criminal Defense Lawyers Charge by the Hour? Most potential clients ask about my fees before they hire me.  In almost every case, I am required to provide the client with a retainer or fee agreement showing the client exactly what they are getting and exactly what they are paying.  The agreement lays out the terms, whether hourly or flat fee.  It lays out the location and type of case.  It even details the extent of the work, especially if the agreement is limited in scope. Most criminal and DUI defense lawyers in California charge flat fees.  I’m not …

Expungements are an Inexpensive Way to Bury Your Criminal Record If you’ve been convicted of a crime, almost any background check will reveal your criminal history to your potential employer.  If you want to travel, some countries – like our neighbors to the north will deny you entry for things as simple as a DUI.  That’s right, Canada sends people back to the U.S. if they have a DUI on their record. Are you looking to get promoted at work?  Do you want to get a state license to be a contractor, realtor, nurse, teacher, or other career position?  One …

How Much Does It Cost to Hire a Lawyer for my DUI in Los Angeles? Public defenders are paid by the county where they work.  Private defense lawyers set their own fees and are paid by their individual clients.  Most criminal defense lawyers in California charge a flat fee for their services.  This normally means, you pay one fee and the case settled.  An actual jury trial might cost more money, but most cases don’t go to trial. How come the costs from one lawyer to the next differ so much? How much a lawyer charges defends on many factors …

Practicing Law in the Time of Covid;  Criminal Defense in Southern California Practicing law during Covid has been both good and bad for me.  On the plus side, I haven’t been driving as much with advent of electronic appearances.  This saves time, money and dry cleaning.  But, kidding aside there have been some very good deals on the table under the guise of “Covid” offers and settlements.  Additionally, the Los Angeles County District Attorney’s Office has found itself dramatically understaffed for some time now. What does this mean for my clients? Clients can often take advantage of a lack of …

Expungements, Reductions and other Post-Conviction Relief Now is a great time to clean up your criminal record.  The court system is quieter than it’s been in a long time.  The laws in this area are more favorable than they have been in a long time.  Please consider taking this time to expunge your old criminal cases.  Do you have a reduceable felony?  It is often a simple process to get it reduced to a misdemeanor and expunged. The court charges a small fee for filing the appropriate documents.  Doing the paperwork is easy for an experience lawyer and the costs …

Cooperation with Law Enforcement in California Criminal Defense Cooperation with law enforcement.  Working off your case.  These are topics that are rarely discussed in public forums.  These are uncomfortable topics.  But jail and prison are uncomfortable places to spend time and sometimes, we have to look out for number one, while trying to avoid stepping in number two. How does it work and is it right for you? In federal court, cooperation with law enforcement is the norm.  But that norm is very different in practice then it is in state court.  In federal cases it is quite common for …

Hit and Run Defense in California:  Felony, Misdemeanor and more Hit and run is a very common criminal offense in California.  The most common type of hit and run is a misdemeanor involving only property damage.  This type of case involves three things: We have to have been in a collision, We must know (or reasonably should have known) that we were in a collision, We fail to identify ourselves or notify law enforcement. Items 1 and 2 tend to overlap in that if there is any kind of significant accident, we usually know about it.  But what about very …

What Criminal Cases can be Reduced or Expunged? More new laws are out.  More ways to expunge convictions are on the books.  If you went to “Firecamp”, you can expunge your conviction.  You don’t even need to be off of probation or parole. If you successfully completed probation in almost any case, misdemeanor or felony, you can expunge your conviction. If you went to county jail on a “prison” sentence, you can expunge your conviction. Convicted of DUI?  You can expunge it.  This goes for felony DUI’s too! If you have ten different convictions, in ten different counties, for ten …

Why I Defend People Charged with Sex Crimes in California Twenty five years ago when I started my law practice, it was very difficult to be picky about the cases I took and the clients I represented.  If someone called me and they had money, I would usually get on board.  If it was a sex offense, they would need more money, but I would take the case because I had loans to pay. Twenty five years later, I am fortunate to be sitting in a different position.  I get to pick the cases I take and the clients I …

There has been a bit of news lately about a DUI case in Western Los Angeles County.  A small and quiet community called Westlake Village had a terrible collision recently.  The driver was alleged to have been a woman named Rebecca Grossman of the Grossman Burn Center family.  It is alleged that Mrs. Grossman was speeding and possible even racing down a two lane street just South of the lake.  Speeds were estimated to have been near one hundred miles per hour in a 45 zone.  Sadly, she is said to have hit two small children who were crossing the …

Felony DUI, Vehicular Manslaughter While Intoxicated and Watson Murder Many of us understand that a DUI can be a felony.  It can be a felony when the driver causes injury to others or when the driver has prior convictions for DUI within the last ten years.  This article is aimed at DUI’s causing injury. When we are under the influence of alcohol or drugs or both, and we drive, we can be charged with DUI.  Felony DUI requires that we injure someone other than ourselves.  Felony DUI and related charges take several forms.  There is a “simple” felony DUI where …

A lawyer in my suite referred a potential client to me yesterday.  I spoke to the client and his girlfriend for about 17 minutes and 43 seconds.  They told me they were going to email me some documents to review.  A half hour later I told them I hadn’t receive any documents.  I received a text message back saying the client had already hired another lawyer.  The case was a multiple count, multiple defendant, multiple victim felony theft there where the client claims factually innocence.  How then is it possible for him to have hired another lawyer in under thirty …

We know that DUI laws are tough in California.  DUI’s carry the potential for jail or prison, lengthy probation terms, DUI education programs up to 18 months long, stiff fines, multiple points on our driving records, increased insurance rates, ignition interlock devices, mandatory AA meetings, SCRAM devices and more.  To make things worse, they get tougher with each conviction. With Covid, I have seen cases get put off for many months before we see the inside of a courtroom.  By the time we get to court, the client’s license has long since been suspended due to the Administrative Per Se …

Will the Real Ventura Criminal and DUI Defense Attorney Please Step Forward We’ve all heard it by now:  Come on vacation, leave on probation.  Ventura has been tough on crime for the 25 years I have been practicing here.  But, knowing how to work within the system definitely helps resolve both criminal and DUI cases in Ventura.  The first thing anyone should know when they have been arrested in Ventura County, is that they need to hire a lawyer who knows Ventura County.  Many lawyers from Los Angeles (or further) will take money from a client on a Ventura case.  …

There’s a new District Attorney in Los Angeles and with him comes New Policies Many of us know that there is a new District Attorney in Los Angeles County.  The District Attorney is the head prosecutor in the county where he was elected.  He makes all decisions about filing misdemeanors and felonies committed within his county.  Our new DA, George Gascon was elected on a campaign of liberal justice, striking prior convictions, striking enhancements for gangs, great bodily injury, guns, eliminating life sentences and never asking for the death penalty. I have already seen the effect of the new District …

San Fernando DUI and Criminal Defense Lawyer The San Fernando Valley is a big place.  It’s so big that it actually has two criminal courthouses.  Some counties, like Ventura, only have one courthouse for the entire county.  The San Fernando Courthouse handles misdemeanors and felonies which occur in the San Fernando Valley, to the North of Roscoe Boulevard and South of the 210 Freeway.  This includes all of Chatsworth, Granada Hills, Northridge, Sylmar, Porter Ranch, and even the city of San Fernando.  The Los Angeles City Attorney handles the misdemeanors within the City of Los Angeles and the District Attorney …

Van Nuys DUI and Criminal Defense Lawyer Growing up in the San Fernando Valley really does give me better perspective on my job of defending people charged with DUI or other criminal cases.  I know where every police station in the Valley located.  I know many of the spots where cops hang out looking to write tickets or make arrests.  I know what bars are frequented by cops around closing time.  I have even gotten to know many of the Valley Traffic Unit and DUI task force cops in the Valley.  It’s actually kind of funny walking into court in …

The Real Encino Criminal Defense Attorney They say you are truly “from a place” when you have kids who are born there.  If that is the case, I am the true Encino Criminal Defense Lawyer.  Being born and raised in Encino, California does make me better equipped to handle criminal and DUI defense cases in Encino, Van Nuys and San Fernando.  Unlike many law firms who hire full time content writers and IT professionals, every blog on my site was written by me.  Every review about my work on the internet was written by a client, not someone I paid. …

DUI Arrests over a hot Labor Day Weekend We’ve been sheltering at home, working from home, and wearing masks. Well all of us except the president.  We’ve had vacations cancelled, campground closed, rental houses shut down and we are getting tired.  We’re tired of being stuck inside, tired of wearing masks, and we NEED to get out. Things are starting to open up.  Restaurants are serving meals on their patios.  Wineries are open for outdoor service.  Beer, wine and alcohol delivery service and “to-go” service is available as we have never seen it before. This weekend we have record breaking …

Now is a Great Time to Reduce and Expunge Times are tough.  There is no end in sight to our current world situation.  The job market is terrible, unemployment is high, rent has never been more expensive, and our criminal records are holding us back. One of my clients just called me to tell me he was turned down for an apartment because of his felony conviction.  Another client told me his old boss offered him his job back if he could get his felony reduced to a misdemeanor.  Yet another was to be promoted at work if he could …

Now is the Right Time to Expunge Your Conviction Many of us have time on our hands right now. Let’s use it wisely. Many of us are unemployed or underemployed right now. What do we do about it? Now is a great time to clean up your criminal record and make yourself more hirable. Expunging your criminal conviction in California can be a career saver. Under California law (Penal Code Section 1203.4) if we successfully complete probation, we can expunge most criminal cases. Once we expunge a case we can honestly tell a potential employer that we have not been …

Never Hire a Lawyer Off the Internet For years I have been saying the same thing over and over again. Never Hire a lawyer over the internet. Only hire a lawyer you were referred to by someone you trust. Talk to the actual lawyer your are going to hire, before hiring them.  Don’t hire a lawyer who spends all his time creating a huge internet site simply to gather clients.  Don’t talk to a sales rep, secretary, case manager or otherwise.  Even if the sales rep says they are a lawyer, they may not be your lawyer.  And, never hire …

What Happens After My Preliminary Hearing? Felonies get filed two ways in California State Courts. People can be indicted by a grand jury or far more often is the case that a complaint is filed by the District Attorney. After the complaint is filed, the client sees the judge and enters a not guilty plea. We have the right to a speedy preliminary hearing or probable cause determination before a judge. This occurs within 10 court days and not more than 60 calendar days of our arraignment unless we waive our rights to a speedy hearing. Many felonies in California …

Can You Get My DUI Reduced? A common question for me is whether or not I can get DUI charges reduced. This could be in the case of first offense DUI and it could be a felony causing injury. Most often, the circumstance is a first or second offense, misdemeanor DUI with a blood alcohol test above .10. When a client blows over .10, the prosecutors tend to feel that their case is more “provable” and are far less likely to reduce the charge. By contrast, a DUI with a .08 or .09 is quite often reduced. What can be …

Felony DUI’s and the Three Ways to Get There Many people in California know someone who has been arrested for or convicted of a DUI. Some people even know a bit about felony DUI’s. Most commonly a DUI becomes a felony when an injury is caused. California Vehicle Code Section 23153 covers the felony DUI from injuries. These cases can be either misdemeanors or felonies depending upon the extent of the injuries. In extreme cases, the offense can even be a strike where there is great bodily injury or death. As a misdemeanor there is still mandatory jail time and …

Multiple DUI Arrests and Scared? Cases seem to come to me in bunches.  This year seems to be my year for Crane operator clients.  I’ve had three this year.  I’ve also had several clients this year who were arrested more than once in a very short period of time.  Three were DUI’s, two were driving on suspended licenses after DUI’s and one was simply a juvenile with a bad attitude.  What they all have in common is they all are very scared and the courts and prosecutors tend to be very unhappy with this type of behavior. So how do …

In a first offense prostitution case, the prostitution diversion program or “PDP” often sounds like a great option.  For many people it is a great option.  Take an educational class, submit to an HIV test, wait a year and get the case dismissed.  Sounds pretty good right?  Yes, but not to everyone.  I’ve been practicing law in California for over 2 decades.  During that time I have handled so many prostitution cases, I have lost count.  The case run from soliciting acts of prostitution, to full blown human trafficking and everything in between.  The thing that I cannot lose sight …

I am a criminal defense attorney. I’m not a doctor, I’m not a therapist and I’m not a social worker. My job is very clear. I am tasked with doing everything possible to try and get criminal charges dismissed or reduced and to minimize any punishment my clients might be facing. I do this in a variety of ways and by using a variety of different tools. Often, I am simply able to negotiate favorable settlements for my clients. Sometimes, there are legal reasons why we can get cases dismissed or reduced. On rare occasion we have jury trials to …

Unsatisfied judgments can lead to criminal charges. That’s right. If you get sued and you do not resolve the law suit, this can lead to the loss of your driver’s license, contractor’s license or other state issued license. It can cost you your job, income, or lead to criminal charges. The same is true if you fail to pay child support. Don’t ignore that summons and complaint (lawsuit) because it won’t go away. It will only get worse. I recently had a client get served with a lawsuit. He didn’t call me. In fact, he didn’t call me until the …

Why do I love doing “after care” in criminal defense and DUI cases? Not every case is dismissed. Oh no, there I go telling the truth again. Yes, some people sustain convictions either by plea or by verdict. Some get placed on probation, either formal or informal. Some have obligations to the court including restitution, alcohol or drug programs, domestic violence counseling, AA meetings or other things. There are often court appearances required to show proof that these requirements have been satisfied, to prove that restitution has been paid or just so that the judge can maintain supervision over the …

I am a criminal defense attorney. I’m not a marketing genius or a website expert. I have often wondered how much time some of my competitors must spend on their websites. I have often wondered how much money they spend on advertising. I have often wondered if their reviews are real and if their results are honest. I was just talking to one of the larger internet resources for lawyers about advertising with them. Their sales rep was walking me through what I could buy from them when he told me that one Los Angeles lawyer has both of the …

People tend to get scared when the cops show up at their door. Whether it’s your work or your home, it’s always a daunting site when police come knocking for you. It’s even more unnerving when the knock at the door is by federal agents. Generally speaking, the FBI is about the best trained and most professional of all law enforcement agencies. They are well equipped, have excellent resources and conduct very thorough investigations. One of the good things about dealing with professionals is that they tend not to be as intimidating. This is to say that they are not …

Welcome to Los Angeles County. Home of the largest municipal jail facility in the world; Home of one of the most overcrowded jails in the country; Home of some of the most disgusting jail conditions in the country. Even inmates in Los Angeles County Jail are almost always released far early than the terms of the sentence require, many people simply do not want to spend a night amidst the filth and violence within the jail system. For years I have said that I would gladly pick up garbage on the side of the freeway (Cal-Trans) for a month before …

If you have been convicted of a felony in California, there is a good chance that the felony conviction can be reduced to a misdemeanor under California law. Under California Penal Code Section 17, a “wobbler” felony can be reduced to a misdemeanor any time probation is granted and no form of state prison (even a suspended sentence) has been imposed. This means that if you are having trouble getting or keeping a job because of your criminal history, you should call a lawyer about trying to clean up your past. What Types of Convictions are Relevant? If you have a prior …

No I don’t Want Prop 36 When I can get Diversion Drug cases these days are interesting. If the case does not involve sales or possession for sale, it will normally be a misdemeanor. When I speak to a prosecutor about settling the case, prosecutors often suggest “Prop 36” as a settlement. I bite my tongue and suggest that my client appears to be “DEJ” eligible. This week I actually had a prosecutor look at me and say, “Do you think that’s enough for your client” suggesting the client should have more intensive therapy instead of the 20 week outpatient program …

The Importance of Reducing and Expunging Convictions I get a lot of questions these days about expunging convictions, reducing felonies to misdemeanors, sealing records and even certificates of rehabilitation and pardons. Definitions First, there are a lot of legal terms I just used. These terms apply only to California and California state court convictions. Expungements under Penal Code Section 1203.4: When probation is granted in a case and it is successfully completed for the entire term then probation naturally expires. After probation expires, or upon early and successful termination of probation, we may ask the court to let us withdraw …

An Interview with Private Investigator David Hance After my last private investigator left to try his luck in reality television, I went on the hunt for someone new to help me conduct necessary investigations in my criminal and DUI cases. The person I found is very special. David Hance is a living, breathing, true believer. If Dave were a lawyer, he’d be a career public defender. Fortunately for me, Dave never went to law school, but he did get his PI license. Dave is a 46 year old divorced father of a 16 year old daughter. He lives in Studio …

Several years ago during what was later described as the “Economic Downturn”, I went searching for ways to get new business with a minimum of expense. I was introduced to a business networking group called Le Tip and joined an established chapter near Thousand Oaks, California. When I showed up at my first meeting, the guy who came to my rescue as I floundered around a room of total strangers was none other than attorney Mark Lester. Mark explained to me the way the group worked and taught me how to develop a 30 second “commercial” about what I do …

Lots of lawyers take payment plans. I often joke about one lawyer who I still see in the Metropolitan traffic court who has bright orange stickers on his client files that say: “Payment Plan” in bold letters. How tacky and offensive is that? In any event, you get arrested for DUI, usually because you were in a fight with your significant other, had a bad day at work, or recently got some other type of bad news in your life. Then, to add insult to injury, you get arrested and now you need to come up with a large bunch of money …

After 18 years of running from court to court throughout Los Angeles and Southern California, one might think I would grow tired of dealing with people’s problems all day long…Can you hang on just a second, one of my clients just got picked up on a warrant…Give me a moment, one of my clients just got arrested – again…What do you mean your son is back in jail?..You were arrested for driving on a suspended license two weeks after getting arrested for DUI -and your car was impounded – your work car?..You’re out on bail on two different (third offense) …

The San Francisco bicyclist traveling at least 30 mile per hour who failed to stop at an intersection and struck a pedestrian will be tried for felony manslaughter. The pedestrian, Sutchi Hui, a 71 year old man was walking across the street with his wife. He died in the hospital four days later as a result of his injuries. Prosecutors for the San Francisco District Attorney’s Office decided to charge the case as a felony believing witness statements that the rider, Chris Bucchere had run two red lights and one stop sign prior to getting to the intersection. Bucchere told …

After a staff member from the American Civil Liberties Union witnessed two deputies beating the limp body of a jail inmate, the group has sought out a federal investigation into the incident. Last month an ACLU employee was at the downtown Los Angeles Jail when she noticed through a window that an inmate was being punched and kicked by two deputies. The witness indicated the inmate was so limp that she feared he was dead. Apparently sheriff’s records confirm that there was some sort of altercation on January 24, of this year. The sheriff’s report indicates that the inmate was …

TO EXPUNGE OR NOT TO EXPUNGE? THAT IS THE QUESTION. The answer is yes. But, why? You have put your small lapse in judgment behind you. Yes, you were convicted of a crime. It might have been a misdemeanor or felony, and you successfully completed the entire period of probation. You have heard people talk about expunging your record. Maybe your lawyer mentioned it. Maybe someone else said something about erasing or sealing your criminal history. Here in California, we can only seal arrest records for juveniles after they turn eighteen and are crime free. As for adults, there is no …