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 …

The Difference Between a First and a Second DUI If you think you’ve been down this road before, you are likely mistaken.  There are huge differences between a first and a second DUI.  A first DUI seems like a bit of a walk in the park.  Yes, you had to jump through some hoops and yes, you had to take out a loan to pay for your new auto insurance policy, but there wasn’t any jail, and the alcohol school was only three months long.  No big deal, right?  Wrong! Do you remember the warning the judge gave you…The one …

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 …