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.