A DUI Lawyer Explains How it is Possible to Fail a Field Sobriety Test

As a DUI lawyer, I help a lot of people that have been pulled over for the suspicion of drunk driving.  It is important to note that you can be pulled over for driving erratically, and the officer may suspect that alcohol or drugs are involved.  In reality, there are many reasons why a person would not drive perfectly within the lanes even when drugs or alcohol are not involved: turning down the music, handing your son a toy, looking at directions. All of these things and many more, can lead to distracted or careless driving that may have the same general appearance as drunk driving.  Once a traffic stop is initiated and if they officer believes you are driving under the influence, the officer will ask you to submit to a series of Field Sobriety Tests (FSTs). The challenge is that even sober people can (and may even be likely to) fail a field sobriety test. Reasons people fail a field sobriety test: 

If you submit to a field sobriety test, it will be conducted on the side of the road with the potential for traffic rushing by.  The entire experience is both stressful and overwhelming for the majority of people.  Nervousness will often cause the mind and body to react in a way that it normally would not under different circumstances.  According to the Mayo Clinic, symptoms of nervousness or anxiety may include hyperventilation, trembling, sweating, and trouble concentrating or thinking.  All of these symptoms can make it difficult to hear and understand the officer’s commands, much less carry them out without looking physically impaired.

Additionally, as a DUI lawyer, I know that many of these tests require specific acts of balance that are not always attainable by people with a disability or those in poor health.  For example, if someone is severely overweight or recovering from a muscle sprain, standing on one foot may be impossible.  These tests are flawed in that they do not account for medical conditions, anxiety or other factors beyond the officer’s preconceived notion that a driver is impaired.

The type of tests that are demonstrated and why you need a DUI lawyer:

There are several types of FSTs that are conducted throughout the country.  This includes the Finger-to-Nose test, One-Leg Stand test, Walk-and-Turn test and more.  Each test is designed to test the driver’s ability to maintain focus and balance and follow directions. These tests purport to be an accurate indication of whether an individual is under the influence of alcohol or drugs. Again, the difficulty with the FSTs is that they were designed for people that are physically healthy and calm.  The mere act of being pulled over by the police takes away the calm that people would otherwise feel while performing the FSTs.

Exercise your rights.

The FSTs are completely VOLUNTARY and you do not have to submit to any of the Field Sobriety Tests – even the Preliminary Alcohol Screening test is VOLUNTARY. If an officer asks you to submit to the FST, you have every right to say ‘no thank you’. It is likely that you will not complete the FSTs perfectly as demonstrated and any failure to follow the directions of the officer will be highlighted in his report to make it seem as if you are under the influence. You lifted your foot an inch higher than requested? Bad. You opened your eyes slightly? Bad. There was a one-inch gap between the heel-to-toe test? Bad. Do not submit to the FSTs.  

Focus on your defense.

Due to the inability of a FST to ascertain levels of intoxication, many people are arrested and accused of drunk driving without actually being under the influence.  As a DUI lawyer, I can mount a strong defense, illuminate holes or flaws in the process, and work to demonstrate why my client (you) is innocent.  Since a DUI is a criminal misdemeanor charge, it is extremely important to focus on your defense and fight the charges.

How a Domestic Violence Attorney Can Help You During a Divorce

As a domestic violence attorney, I have worked with clients that have been accused of domestic violence during their divorce proceedings.  Unfortunately, this is an all too common of an occurrence during contested divorces.  Often when one spouse wants to have an advantage in a custody case, for example, accusations of domestic violence can surface.  What had been a normal argument or disagreement can be painted as a violent encounter, regardless of whether it actually was one.  If you feel that your spouse is going down this road, I recommend that you contact my office to discuss this possibility and to develop a strategy for protecting yourself.

Although I will be representing you in criminal law court, a domestic violence charge and subsequent conviction will influence your case in family court.  For example, if you were to be convicted of domestic violence it would change your overall custody case and could even lead to the court issuing orders restraining your from your wife and children; even if your children were not present. I have seen judges order supervised visitation merely because someone has been arrested for a domestic violence crime. Therefore, protecting yourself is important both for your freedom and for the future relationship you hope to maintain with your children. 

A Domestic Violence Attorney Can Protect Your Rights.

As a domestic violence attorney, I will work diligently to ensure that your rights are protected. This starts by discussing with you the accusations and the alleged incident in question, even if formal charges have not yet been filed. I will want to know if anyone was present that could offer an eye-witness testimony and I would discuss any evidence that may be gathered in your favor.  In any criminal case, it is important to gather evidence that can be presented in a trial in order to counter what is being presented by the prosecution.  Everyone is innocent until proven guilty and the prosecution has the burden of proof to demonstrate that you did indeed violate the law.  My job is to provide enough reasonable doubt that a jury would either hesitate to convict you or acquit you all together.  While there is no guarantee of what the outcome of a case might be, what I can guarantee is that you will receive the best possible legal defense.  This involves spending the appropriate amount of time in preparation for your trial.  Keep in mind that if you are suspicious that your soon-to-be ex spouse will lie about domestic violence to gain an advantage in family law court, I can advise you of your options.  I can even talk to the District Attorney’s Office BEFORE formal criminal charges are filed; possibly saving you the embarrassment of a public criminal allegation.

When to Contact a Domestic Violence Attorney:

If you believe that you might be accused of domestic violence, you should call my office right away.  It is never too soon to start preparing for this possibility and the additional time allows for additional preparation. Remember that everyone is innocent until proven guilty but that also means that innocent people can be arrested, charged and tried for a crime.  Do not take your freedom and reputation for granted but instead, work with an experienced attorney that can protect your rights under the law. 

Criminal Law and Digital Information: Evidence is Changing

As someone practicing criminal law, I represent clients that have been accused of all crimes including both misdemeanors and felonies.  In my years of practice, the crimes charged have not changed much but the type of evidence being presented by the prosecution has.  We live in a digital age, and digital evidence is being used on a daily basis to prove guilt. This creates additional challenges and only increases the need for anyone that is accused of a crime to hire a skilled attorney.Here are some of the types of new evidence that are being presented:  

•    Cameras.  There are hidden cameras virtually everywhere.  Whether they are on top of a local building, at the bank ATM, on top of the lights or utility poles; there are very few places you can go without a camera capturing your image.  As someone practicing criminal law, I have witnessed this type of footage being used to place person or their vehicle at the scene of a crime.

•    Social media.  Most people have a social media profile and what you post online will show up in court. Keep in mind that anything you post to a public forum is accessible by anyone and no warrant is necessary. For example, if you check-in at a location on Facebook, it will demonstrate that you were probably in that location.  If you tweet a photo, the information in that image can be used by the prosecution. An Instagram post will not only show your location, but can be used to prove that you were in a certain location at a certain time.

•    Text messages. These are recorded statements and anything you text will be saved and used against you by the prosecution. Not only will your recorded text messages be saved but telephone records could be subpoenaed to prove the mere act of text messaging. This could be very harmful in a case where an individual is being charged with violating a restraining order.  

It is important to note that, when you are accused of a crime, the prosecution has the burden of proving that you are guilty of that crime. This requires the prosecution to build a strong case using evidence and witness testimony.  If the government fails to present enough evidence or the evidence appears inaccurate, the jury may have reasonable doubt as to your guilt and they may be unwilling to convict you.  As someone practicing criminal law, my job is to ensure that your rights are protected throughout the process and to help poke holes in the evidence being brought by the prosecution, regardless of whether it is digital evidence.  The more information you can provide me with, the better equipped I will be to do so.  To discuss your case in detail, call and schedule a consultation.  

Call a Criminal Lawyer if You Are Accused of a White Collar Crime

If you have been charged with or are even being investigated for a white collar crime, you need an experienced and aggressive criminal lawyer who understands the many characteristics of the system. While there is no strict definition of a 'white collar crime', the term refers to a financially motivated nonviolent crime. This includes, but is not limited to tax evasion, trademark and copyright infringement, forgery, insider trading, embezzlement, money laundering, identity theft, mortgage or bankruptcy fraud, bank or credit card fraud, mass marketing fraud, etc. 

Why Do I Need A Lawyer Who Deals With White Collar Crimes?

Many, if not most, white collar offenses can be extremely complicated, which means that your lawyer has to be familiar with the subject matter and the specific laws pertaining to it.  For example, you never want to hire a civil litigation lawyer to handle a criminal case.   Civil litigation cases and criminal cases are tried through a different court system with different judges and procedures that must be followed.  Selecting an experienced attorney, like myself, is important for ensuring that your case is not compromised due to rookie mistakes.

White collar offenses can include an extensive variety of crimes. According to the Federal Bureau of Investigation (FBI), these crimes account for approximately $300 billion in loss each year, something that is obviously not taken lightly by law enforcement and the justice system. There is a common misconception that people convicted of white collar crimes get lighter sentences. However, prosecutors have been seeking harsher penalties. In cases involving major fraud, judges and juries have proved themselves more than willing to put people away for anywhere from twenty years to the rest of their lives, making it important to hire a skilled criminal lawyer.

Also note that white collar crimes can be prosecuted at both the state and the federal level and can involve more than one agency. For example, if there is any kind of alleged mail fraud, inspectors from the postal service will be involved in the investigation.  These cases can become complicated quickly and a conviction could lead to a significant term of incarceration in a federal penitentiary, severe fines, forfeiture of assets, and other financial penalties.

Don't Wait To Hire An Experienced Criminal Lawyer

Note that all too often the first intimation that you are being investigated for a crime is when state and/or federal law enforcement, armed with search warrants, show up unannounced at your business or home. While this will almost certainly catch you off guard, you must remember that while you cannot resist a search with a warrant, you do have the right to call an attorney.  Warrants are typically limited in scope, so this does not give law enforcement carte blanche to search within the officer’s discretion. You also have the right to refuse to answer any questions law enforcement may ask you. You should firmly, but politely, decline to speak with any officials and immediately call my office.

As your criminal lawyer, I will first contact the agency in charge of the investigation to determine the exact nature of the inquiry, which will tell me how to proceed. Additionally, I understand that white collar crimes can be the result of an honest financial mistake, a poor business decision or agreement, or you could simply be falsely accused. I will investigate every detail, and comb through and analyze thousands of pages of financial documents along with interviewing witnesses. I know how to build strong cases with positive results and will work diligently to protect your freedom.

A Drug Lawyer Will Provide the Defense You Need to Stay Free

As a California drug lawyer, I understand how people may view the State of California as a drug-friendly state; therefore, being naive to the seriousness of drug related prosecutions. This is a huge mistake.  

Even though California may be more friendly to users of medical marijuana, it is not a “drug-friendly” state and both law enforcement and the prosecutor’s office work diligently to arrest, convict, and jail drug users, traffickers and drug sellers.  

While this may conjure up images of Hollywood movies portraying high-tech drug runners, most of the people that are arrested for drug crimes are fairly normal people.  They are teenagers, students, parents, and professionals.  From all walks of life, people are arrested and convicted of drug crimes on a daily basis. 

If you use drugs recreationally, there are a few things you need to know: All non-prescription drugs are illegal.  All prescription drugs are illegal if you are not the person to whom the drug is prescribed. Also, many people do not understand that even if you are using medical marijuana that is legal in California, it is still illegal on a federal level. 

RECREATIONAL DRUG USE IS STILL CONSIDERED ILLEGAL EVEN IF YOU ARE NOT SELLING OR TRANSPORTING.   There are certain drugs such methamphetamine where if you are caught transporting the chemicals necessary to make the drug, you could be arrested, even if the drugs are not actually produced.  With this in mind, I always recommend that you avoid using or transporting drugs or the chemicals to manufacture drugs.  Doing so puts you at major risk for arrest and possible conviction.

The consequences of drug crimes become even more severe when you sell drugs in ANY quantity near a school.  As a drug lawyer, I have represented clients who were arrested for selling drugs near a school, without even realizing a school was nearby. Prosecution does not need to prove that you had the intent to sell drugs near a school.

It is also important to understand the difference between possessing drugs for personal use and possessing drugs with the intent to sell. Each illegal substance has a threshold on how much an individual can possess to be considered consumption for personal use. Going beyond this amount puts you at great risk for being charged with a substantially more serious crime. For example, it is much more difficult to show that a defendant was carrying marijuana for personal use when she has 4 pounds of portioned marijuana in the trunk of her car.

As a drug lawyer, part of my job is to ensure that if you are arrested for a drug crime, the charges are as light as possible.  This, for example, could mean getting the accusation of selling drugs reduced to simply possessing or using drugs.   These subtleties make a big difference in what fine you will have to pay, if you have to go to jail, for how long, and even the type of jail that you would go to upon conviction.   It is important to note, however, that your defense starts from the moment you are arrested. Our office is available 24/7 to answer your phone calls. 

A Criminal Defense Attorney Explains Your 5th Amendment Protections

The role of a criminal defense attorney is two-fold. First my job is to ensure that your constitutionally guaranteed rights, under both the state and federal statutes, are not violated over the course of the trail. Second my job is to make sure that you get a fair and equable trial, in a speedy manner that ideally results in your acquittal or in the court finding you to be not guilty. As such I have extensive training in criminal law, specifically the laws that allow me to protect you from an unjust prosecution. The Founding Fathers understood the importance of a quick, fair, and equable trail and enshrined these principles in the Bill of Rights or the first ten amendments to the Constitution of the United States. In keeping with these principles, states have established their own laws to augment these rules which is why you should always involve a skilled criminal defense attorney, who understands all these laws, if you are ever accused of a crime.

For a criminal defense attorney, there are certain laws that are so deeply enshrined that we use them every day to protect the rights of our clients and ensure that they are not taken advantage of. One of these ideas is found in the Fifth Amendment and has been universally accepted by all the states. In fact, our state has additional laws that protect your Fifth Amendment rights even more rigorously. A point that is of particular importance, if you have been accused of a crime and your criminal defense attorney has not yet arrived on the scene, is that you cannot be compelled to make any statements that could later be used to incriminate you. Sometimes a zealous prosecutor will try and coerce you to confess to a crime, promising things like a lighter sentence or threatening you with the a more severe consequence if you do not comply. This is exactly the kind of thing that the Fifth Amendment protects you against, where it specifically prohibits anyone from compelling you to make a statement that is self-incriminating. As such I strongly urge you to never make any statements, or confessions, until you have had a chance to speak with me (your attorney) first.

Another right that is duly enshrined in the Fifth Amendment is your right to due process. You are protected from three specific acts against you until you have been arrested, charged, and had a chance to go before a judge with your criminal defense attorney. You are protected from the loss of your freedom, the confiscation of your property, and the loss of your life. While it may seem like these are common sense, there are people who will willfully seek to convince you that you cannot protect your freedom or your property unless you fully cooperate with the authorities. This is a fallacy and is designed to give them what they want which is typically not in your best interest. Getting you safely through the due process is one of the most important functions I, as your criminal defense attorney, perform.

What a Criminal Defense Lawyer Does for You

As a criminal defense lawyer, I am knowledgeable in the legal defense of individuals or companies charged with a crime. Being arrested for a criminal offense, or even being under investigation for one, is usually a terrifying and very unsettling experience. Additionally, there are so many life altering consequences to a criminal conviction that it is of paramount importance that you make every possible effort to hire an experienced attorney who has extensive knowledge of the legal system to represent you. Some attorneys will specialize only in a certain type of criminal defense matter such as DUIs or drug defense. My office handles both. 
 
Because both your life and liberty are at stake, when searching for a defense attorney, you need to retain a professional that has as much experience as possible, while making sure they have both the means and the commitment necessary to protect your rights. Also note that being accused of a federal crime is rather more serious than being charged with a state crime and requires an attorney who has experience with federal law and federal prosecutors. Fortunately for my clients, there are very few types of criminal cases that haven't come across my desk.
 
As a criminal defense lawyer, I deal with every facet of criminal procedure from the arrest and charges filed, to sentencing and appeals. I will also, from the very outset, advise you how to handle possible questioning so that you do not, unwittingly, cause any irreparable damage to your defense. This includes refraining from answering any questions, making any statements, or signing any documents unless I am present. Additionally, I often perform my own investigation and, as a result, can and often do, present evidence that negates charges made by the prosecutor.
 
The early stages of a criminal case may involve a grand jury or preliminary hearing to determine if there is probable cause for the case to continue. Therefore, the initial work in any criminal case involves a thorough review of the charges and whether there has been any violation of the accused's constitutional rights. For example, the Fourth Amendment protects citizens against unlawful search and seizure. Any violation of these rights could result in the illegally obtained evidence being considered inadmissible.  In other words, my job is to ensure that you receive a fair trial that is in accordance with the law.
 
If there have been no constitutional violations, and a preliminary hearing has determined that there is probable cause for the case to go to trial, I will turn my attention to trial preparation, the importance of which cannot be overstated.  I can also give you, as the accused, a realistic idea of what your options are and what you could possibly expect.  This is especially important because people charged with a crime have often been given misleading or false information by well-intentioned but misguided friends and acquaintances.
 
Make every possible effort to retain a reputable criminal defense lawyer as soon as you have been arrested for a crime. Your life and liberty may depend on it.

A DUI Lawyer Explains How People Really Get Through a DUI Checkpoint

Have you seen YouTube lately? There is a video circulating wherein a DUI lawyer gives his perspective on what to do to get through a DUI Checkpoint without having to speak with the police and without getting arrested. This is an interesting concept and has caught on like wildfire as people are desperately trying to avoid getting questioned or arrested by the police.  These DUI checkpoints have been set up throughout the country and they are designed to generate arrests.  The police go into every DUI checkpoint stop with the preconceived notion that drunk drivers will pass through.  Every individual subjected to the stop is looked at through that lens and, oftentimes, innocent people are arrested, as a result. 

Here is what to do if you go through a DUI checkpoint.

Whenever you are interacting with the police, remember to remain calm.  While this may seem counter-intuitive, police officers tend to think that you are doing something illegal if you are nervous or acting strangely.  By remaining calm and behaving like you normally do, you are more likely to get out of most police interactions unscathed.  With that in mind, when driving through a DUI checkpoint, you will be asked to pull your vehicle over so that an officer can approach your car.  The proponents of the DUI Checkpoint video then suggest taking these steps:

1. Place a flyer outside of your window that says “I want to speak to my lawyer, and I choose to remain silent”.
2. Show your driver’s license, insurance card and registration.

All of this is supposed to be done outside of your car, with your window rolled up.  Most people simply put the items into a plastic sleeve with a string attached.  When the officer walks up to the car, the driver will have everything an officer would request right in front of them.  This eliminates the need to speak with you and, as long as your paperwork is okay, you should be free to go.  As a DUI lawyer, we understand that things are not always this simple but the concept is interesting, in theory. 

Why it works.

In order for the police to arrest someone for the “belief” that they are driving under the influence, the driver must give them the opportunity to identify a cue that confirms their suspicions.  For example, if you speak with an officer, that officer could claim that you have slurred speech.  By remaining silent, that opportunity is eliminated.  Simultaneously, if you roll down your window, the officer could claim that they “smell” something like drugs or alcohol.  It could be spilled mouthwash or the odor of your drunken passenger; regardless, this gives them an opportunity to find something that is suspicious. If you can eliminate the opportunity by limiting your interaction with the officer, you may get through the DUI checkpoint fairly quickly.

Keep in mind that these steps will only work if you are driving correctly and legally.  If an officer approaches your vehicle and can tell by a visual inspection that you are intoxicated, they may begin an interrogation instead of allowing you to pass through.  Simultaneously, if you were seen driving erratically, this can be considered probable cause to initiate further questioning.  In those cases, you should call a DUI lawyer right away so that we can ensure that your rights are protected. 

A Drug Attorney Counter to Crime Lab Reports After a Recent Scandal

As a drug attorney, I represent a lot of clients that are charged with a variety of drug crimes.  From simple marijuana possessions to cultivating and selling more serious drugs like methamphetamine.  If you have been charged with a crime or are worried that you may be charged with a crime, call to schedule your consultation so that we can discuss the facts of your case and what must be done to maintain your innocence. 

In general, drug cases depend on crime lab results.  After all, a conviction cannot be made unless it is proven that the substance in question was indeed an illegal drug.  A lab report must be generated to prove that simple fact.  This is important because there are many cases of people being arrested for possession of drugs when that person never actually possessed drugs; but rather, they possessed a substance that looked like a known drug.  It is understandable how a police officer may make that mistake. This is why the crime lab is so important. 

When a substance is transferred to the lab there must be a clear chain of evidence to ensure that it is not tampered with.  One simple mistake can lead to inaccurate results that put a person’s freedom in jeopardy.  If the evidence is transferred to the lab correctly, the technician must follow protocol and the equipment must be in proper working order to produce accurate results. As a drug attorney, I see that there are several steps in the substance testing process. This can be a problem if all of the steps are not strictly followed.  A recent case proved exactly that.  A chemist working at a crime lab in Massachusetts was involved in 40,323 drug cases.  The technician, Annie Dookhan, admitted to not running chemical tests on some of the evidence that was brought into the lab. Instead, she simply looked at the item and ruled that it was a particular drug based on PERSONAL OPINION rather than science.  The major problem is that her reports were used to convict several people in a court of law.

Since Ms. Dookhan’s ethical atrocities came to light, at least 375 people have been released from jail.  It is unclear how many people may have been convicted using one of Ms. Dookhan’s lab reports that reflected her false readings.  While this incident does not directly impact any of my California clients, it serves to highlight the fact that crime labs and their technicians cannot be viewed as infallible. Everyone can make a mistake including a lab technician and police officers.  Our job is to ensure that any evidence presented is accurate and was handled appropriately and not tampered with.

It is extremely important to scrutinize the evidence produced by the government. Prosecution relies on reports written by police officers and laboratory technicians. As a drug attorney, I want to gather my own evidence and reports if necessary; oftentimes using my own, privately, paid-for expert.  

A Criminal Lawyer Explains How Criminal Charges Are Classified

As a criminal lawyer, many clients ask about the difference between misdemeanor and felony charges and how crimes are classified in general. The classification of a criminal charge is extremely important because it directly influences what the penalty will be if a person is convicted.  If you are arrested and hire a lawyer immediately, there is a chance that you could be charged with a lesser crime from the beginning, depending on your attorney’s negotiating skills.  As a local criminal defense attorney, I always prefer to become involved in negotiations with prosecution as soon as possible.

The least severe classification is an infraction.  This is when someone violates a local municipal code or administrative regulation, etc.  The most common type of infraction is a driving infraction such as a speeding ticket.  In the majority of cases, an infraction comes with a financial penalty only.  If you are pulled over, your goal should be to get out of the situation that can be disputed later; rather than fighting with the officer at the scene.  That could lead to your prompt arrest and additional charges being brought. 

As a criminal lawyer, you can call our office any time you are arrested.  If, however, you are charged with a misdemeanor or felony, you need to call immediately.  A misdemeanor conviction will typically come with a combination of jail time and a fine.  Being convicted of a misdemeanor can cause you to spend time in a local county jail.  For example, if you are convicted of drug possession you will probably spend some time in a local jail.  If you were convicted of cultivation, you might end up in state prison.  Since there are multiple levels of crimes within the misdemeanor classification, it is important to work with an attorney from the beginning so that the charges can be reduced as much as possible.  That way, if you are convicted, you will spend the least amount of time in jail. 

A felony is a more serious criminal charge.  Those that commit a crime such as murder or arson, would be charged with a felony.  Similar to a misdemeanor charge, there are categories within felony charges and the penalties are based on those categories.  A perfect example is with murder charges.  When a murder appears to be premeditated and deliberated, a person would likely be charged with first-degree murder that is punishable by life in prison. If, however, the murder was committed accidentally, such as someone being killed as a result of your driving drunk, a person could be charged with manslaughter.  

By working with a criminal lawyer, you may have the opportunity to reduce your sentence or avoid conviction altogether.  

The Defense Tactics of a Domestic Violence Attorney

As a domestic violence attorney, I understand the importance of building a strong defense in order to protect my clients' freedom.  In these cases, emotions run high and it is easy for everyone involved to escalate the seriousness of the situation; often leading to unnecessary criminal charges being filed.  Many of our clients are innocent but due to emotions, misconceptions, or spite, they are charged with domestic violence.  This is particularly common in divorce and custody cases where it is in the other partner’s interest to paint someone as a violent aggressor. 

One of the challenges with domestic violence allegations is that there are usually no witnesses to support a defense since most alleged incidents happen within a home or structure. This is not true with every case but is extremely common.  If you are accused of domestic violence, the prosecutor has the burden of proving that the event took place, how it happened, and that you committed a domestic violence crime.  Not having witnesses means that it is your word against their word and very often, this can work against you.

We will start by investigating your case and asking important questions.  As a domestic violence attorney, we will want to know everything leading up to the event in question, what you were doing during the event and what you did after.  This will help us identify what pieces of evidence we need to gather, people we should interview, etc.  It will also give us a baseline of information when reviewing the evidence that the prosecutor will be submitting. 

When building your defense there are several common approaches that we can take, including:

It was not you.  If you did not commit this act and believe that someone else is to blame, we will help you prove it.  This can happen, for example, if the battery took place at night, and there was poor visibility that could have led the other person to truly believe it was you.

The act was not violence.  If you and your current or ex-partner got into a fight and emotions were high, that does not necessarily mean violence occurred.   By understanding exactly what happened during the incident, we can determine the best argument for this type of defense. 

False allegations.  There are many times where the allegations are completely fabricated. Since the incident would have occurred in the home with no witnesses, it is easy to lie or embellish. Unfortunately, this commonly happens when an individual is in litigation in family law court. A finding of violence by a family law or criminal court could mean that you will lose visitation with your children; resulting in higher child support payments.  As a domestic violence attorney, we will analyze the police report and any evidence prosecution provides in order to look for inconsistencies.  If the story is fabricated, there will almost certainly be inconsistencies.  

There are many defenses to a domestic violence charge.  To get help, give us a call. 

Details About Proposition 47 From a Drug Attorney

As a drug attorney, clients have recently been asking about Proposition 47 and how it can impact them.  In fact, if you have a loved one that has been sent to jail for drug possession, this is important for you to know as well. Proposition 47 was recently passed into law and it impacts those who have been convicted of certain crimes in California.  If you live out of the state, this will not apply to you.

According to the new law, people that have been charged with certain crimes that can either be classified as a misdemeanor or a felony, will now always be prosecuted as a misdemeanor.  This is extremely important because the classification of a crime (misdemeanor vs. felony) directly impacts the penalties suffered upon conviction.  Felonies often come with time in state prison, for example, where misdemeanor sentences are typically for a shorter period of time and served in the local county jail.

This is particularly relevant to drug crimes as many defendants received long sentences in the past.  Now, thanks to Proposition 47, these cases can be reviewed by a judge with a possibility of having the sentence changed.  If you have a family member in jail, this can be particularly helpful.  For example, as a drug attorney, I know that if someone is serving time in state prison for committing a drug crime, it is because that person suffered a felony conviction.  If a judge reduces the felony to a misdemeanor, there is a chance they will have already served the necessary amount of time in jail, leading to a potential release. This is a big deal, and if you know someone in this situation, you should call us to discuss their case further. 

The judge has the discretion to either keep the sentence the same or to revise it.  Time will tell how many cases end up being revised and how many people are let out of jail as a result.  One thing, to keep in mind, is that if the judge believes that someone will commit certain violent crimes upon their release, they will be unlikely to convert the felony to a misdemeanor. Additionally, certain crimes will not qualify under Prop 47.  This list includes but is not limited to the crimes of murder, some sex crimes and gun crimes.  Most drug crimes, however, should qualify.

Proposition 47 states that all drug crimes for personal use be charged as a misdemeanor with the exception of marijuana which can be charged as a misdemeanor or an infraction.  An infraction carries an even lighter penalty. Keep in mind that the cultivation of drugs is not for personal use and if you are caught growing a large amount of marijuana or cultivating methamphetamine, as an example, you may still be charged with a felony.  As a drug attorney, we can review your case and let you know if and how Prop 47 can help you.

California Cultivation Laws and Why You Need a Drug Attorney

California drug laws are very strict. An individual can be arrested and charged with drug cultivation easier than you probably think.   This is a very serious criminal offense so it is important to call a lawyer immediately after being arrested - even if you did not intend to grow or produce illegal drugs, or you were simply using the substances for personal use. 

California law states that someone may not be in the possession of certain chemicals used to create PCP or methamphetamine.  This can create a challenge because someone that has never used or made this drug would be unlikely to know what those ingredients are.  In spite of this logical conclusion, if the police find some of these chemicals in your possession, you could be arrested and taken to jail.  The only way around this is if you had a permit to possess the chemicals.  Even so, you would need to carry the permit with you whenever the chemicals were around.  The strict nature of the law makes it easy to be charged with cultivation, even if you are innocent. 

The thing to remember is that you are innocent until proven guilty, and as a lawyer, it is my job to help show your innocence or at least create enough reasonable doubt as to your guilt. In the case of PCP or meth, we will need to demonstrate that you had a reason to have the chemicals that was unrelated to manufacturing drugs.

  

You can also be charged with marijuana cultivation, even though medical marijuana is legal in California.  In order to grow marijuana, you need to have a doctor's recommendation for doing so.  This can either be for your personal use or as a caregiver.  There are limits to how much you can grow, and you must have a medical marijuana card in order to do so.  If the police catch you without your card or if you are growing more than legally allowed, you could be charged with cultivation.  California’s marijuana laws are not a license to grow and sell, and these provisions ensure that it doesn't happen as often as it could.

As a lawyer, we will try and get the charges dismissed or reduced.  If you are charged with growing or manufacturing drugs for your own personal use, the penalties are far less severe than if you are doing so with the intent to sell them.  By simply having the charges reduced, you could be exposed to less jail time.  If you are convicted of the cultivation of PCP or methamphetamine, you could face up to seven years in jail and a $50,000 fine.  If convicted of cultivating marijuana, the sentence could be two years in State Prison. 

Regardless of whether you are innocent, it is important to work with an attorney that is experienced in handling criminal cases.  Drug crime allegations come with criminal charges that can stay on your record permanently.  A conviction can lead to consequences that extend well into the future such as difficulty finding employment or renting a home.  In order to protect yourself and your family make sure that you have a zealous criminal defense attorney that can provide a strong defense and the best chance at remaining free. 

A Criminal Attorney Explains Unlawful Intent and Identity Theft Charges

In California, it is important to work with a criminal attorney if you are charged or implicated in an identity theft crime. While, in some states, you will need to have personally harmed someone in order to be convicted, the laws are different California.  Here, you can be charged with identity theft merely by transferring information to someone who later uses it to harm another.

These are serious criminal charges that can result in jail time and a fine.  Unfortunately, to be convicted of identity theft can be easy for the prosecution.  If, for example, you were in a relationship and opened a credit card for your significant other based on a conversation you two had – they could come back and say that you stole their identity.  With that in mind, here is what you need to know.

What is “unlawful purpose”?
In the state of California, identity theft can occur when there is an unlawful purpose.  This is the intent provision.  If you obtain information about someone and intend to do something illegal with that information, that is unlawful purpose. You can also be charged with a crime if you obtain information on someone and either transfer or sell it to someone else that is going to do something illegal with it. This aspect of the law can get tricky as you may have innocently shared information, not knowing the character of who you were sharing it with.  As a criminal attorney, we can use this to build a defense. 

What information is illegal to take?
Surprisingly, this includes far more than a social security number.  Did you know that it is illegal to obtain someone’s phone number with an unlawful purpose?  This basic information is typically publicly available but, if used to accomplish something illegal, it could be considered identity theft.  It is also illegal to take more sensitive information like a passport ID number and social security number. 

What is illegal?
With identity theft laws, you cannot open a credit card or obtain property in someone else’s name.  For example, you cannot buy a house in your mother’s name or open a credit card and start spending money.   It is important to note that you cannot obtain medical information either. 

Penalties
The exact penalty will be based on the damage suffered by the victim.  For example, if the victim lost $100 the penalty would be far less than if a home was bought in their name and foreclosed on.  Those that are convicted of identity theft can face a combination of time in prison and paying a fine.  

As a criminal attorney, we recommend seeking professional help if you are charged with a crime of any kind, including identity theft.  Even if you did not intend to take someone’s identity or transfer information, that defense is not enough without an attorney.  Our job is to prove your innocence in court or create enough reasonable doubt that a jury would have difficulty convicting you.  To get help, call our office right away.

Work With a Drug Attorney and Protect Yourself from Prescription Drug Charges

As a California drug attorney, I regularly see people charged with crimes that they did not commit.  This is, unfortunately, all too common as police continue the war on drugs.  In this war, the most common victim is regular people just trying to live their lives.  While the police arrest the easy targets, drug dealers continue to roam the streets.  Don’t make the mistake of thinking that you are immune to being arrested for drug possession.  Instead, protect yourself by taking precautionary measures.

Arrests for possession of prescription drugs continue to mount and very often the people arrested are completely innocent.  As an example, there was a case in Georgia where a girl was arrested after the police found methamphetamine in her car that had been prescribed to her.  She did not have her prescription in her possession, so the officers assumed she was committing an illegal act. Officers also found a spoon in her possession.  Yes – a spoon.  She explained that she had used it to eat lunch, but they didn't believe her and decided that she had been creating methamphetamine. 

She argued in defense of these allegations and explained that she was innocent but was still arrested and sentenced by a judge to drug counseling pending trial.  Even though she had not been proven guilty, she was still required to attend drug counseling and, when she could not attend the counseling appointments, was arrested and put in jail for a month.  During this time, she also lost her job.  Eventually, the lab results came back, and it corroborated her story that the spoon was used to eat lunch and contained no drug residue.  As a drug attorney, we encounter cases like this on a regular basis where an innocent person becomes a victim of the war on drugs. 

Another reason that people are often arrested illegally is because they have prescriptions in their possession that belong to someone else.  This is fairly easy to do when you think about it.  For example, if you borrow your roommate's car and you are pulled over for speeding and the police ask to search the vehicle.  If you allow the search and they find prescription medication in the glove box, you could be arrested.  Even if the medication is in the name of the person that owns the car, you could still go to jail.  This may seem unfair, and it is, but the police have the right to do this and often do.  

As a drug attorney, we recommend that you take steps to protect yourself.  One of the first things you should do is be cautious of what you do and say around the police.  Do not mention anything that could be considered incriminating and prompt a search of your vehicle.  Do not give them permission to do a search of your car or home.  Instead, ask them to produce a warrant and call a lawyer. Even if you think that you have nothing to hide, the police will often find something that they will use to incriminate you.

Whenever in doubt, call an attorney so that you don’t become another victim of the war on drugs.

Criminal Law and Illegal Cell Phone Searches in San Diego

As someone who practices criminal law, I see warrantless searches on a regular basis. If the police believe a crime was committed, they are likely to look for a way to prove it. This can often include searching your car or home without a warrant. Keep in mind that if the police ask if they can come in your home or search your car, you have the right to say no. It may not feel that way in the moment because badge wearing, gun carrying police officers can be intimidating but you do have the right to object to warrantless searches and you should. If you object to a warrantless search the police officer may attempt to obtain a warrant from a judge by giving a statement of probable cause.

One area of dispute has been whether or not the police are allowed to go through your cell phone without a warrant. It has happened on a frequent basis and officers have used the information they found to arrest or prosecute. A recent case, Riley v. California went all the way to the Supreme Court where there was a unanimous ruling that a warrant is needed in order to search the contents of a cell phone. This is important for you to know because the police will not tell you your rights. You have to know them and enforce them.

As an Orange County criminal law attorney, this Supreme Court decision is an important one. Without it, the police and prosecutors have been able to submit into evidence photos that were taken on a person's phone, videos, maps with history on them, call logs, texts, etc. in order to prove their case. This has been highly unfair for defendants that use their cell phone as a way to record personal information and conduct what they believed to be, private conversations.

One of the cases that was heard by the Supreme Court, United States v. Wurie, came out of California and involved a man that was pulled over and arrested for possession of guns. In the meantime, his phone was searched, and the police found evidence of Wurie being connected with a gang shooting that had taken place. No warrant was obtained prior to conducting the search and as a result of the evidence obtained from his cell phone, he was sentenced to fifteen years in jail.

My job, as a criminal defense attorney, is to make sure that my clients receive the best possible defense after being charged with a crime. It doesn’t matter what the crime is; everyone deserves a strong defense and the opportunity to make their case. Doing so often involves making sure that my clients’ rights are protected at the same time. Even though, the Supreme Court has issued this ruling some law enforcement officers and prosecutors may be unaware of this change. It is up to me, as a defense attorney, to argue case law before a judge as to why certain evidence is inadmissible and should not be used in court. It is important to work with someone that is experienced in criminal law because the more your attorney knows, the better chance you have of navigating the court system to your benefit. As they say, knowledge is power! If you are pulled over, remember that you do not have to consent to a search and should never give consent for an officer to look through your cell phone.

A Criminal Lawyer Can Help you to Qualify for House Arrest

If you are facing criminal charges, a criminal lawyer can build a case to defend your innocence.  Part of building a defense is creating enough reasonable doubt that the jury will not convict you.  If the evidence clearly points to a conviction then a secondary aspect of an attorney's job is to use mitigating factors in an effort to reduce your sentence. In California, it may be possible to qualify for Supervised Electronic Confinement, more commonly known as house arrest.

In this scenario, you are still convicted of a crime but instead of going to jail you can serve out your sentence at your home and, in some circumstances, you may be able to continue working at your job outside of your home.  Imagine your life confined in prison and surrounded by other inmates that you do not know, most of them committed for crimes far worse than yours, having to live with rules that you did not create and a schedule you are forced to follow.  In this world, your family and friends can only see you at certain times, and when they do, you are wearing a uniform.  Now, imagine spending that time waking up in your own bed, sitting on your own couch, and cooking in your own kitchen.  Family and friends can visit you freely and instead of a jailhouse uniform, you are wearing your normal clothes.  These two worlds are miles apart, and your attorney can help you to stay out of jail, even if you were convicted of a crime.

Only certain people qualify for Supervised Electronic Confinement.  In order for this to be a possibility you need to be a low risk and nonviolent offender along with meeting these criteria:

• You have to be able to afford to pay for the home confinement program; 
• You must have a working telephone at your home;
• You agree to the conditions of Supervised Electronic Confinement;
• The judge did not prohibit you from participating in the program;
• You were sentenced to serve time in a county jail. 

If you are facing a medical condition or have mental health issues that would make going into custody an undue hardship, you may also qualify for the program even if some of the other criteria are not met.  It is up to your criminal lawyer to make a case for why house arrest is the best option for you but that also satisfy the requirements of the court.

If you are granted house arrest, the rules that apply to you will be set by the judge.  These rules are different on a case by case scenario.  Some people, for example, are allowed to continue with their employment rather than being required to stay in the home. 

You may be able to continue with basic activities like going to the grocery store, attending doctor’s visits and any mandatory rehabilitation programs.  This means that even though you are technically on house arrest, you can still leave your home under the permitted conditions.  This may be a far better way to serve your sentence so call a criminal lawyer today so that you may get the assistance you need.