As a practicing criminal attorney for over 30 years, the most commonly asked question I receive is “I just got arrested for drunk driving, I’m guilty, why do I need an attorney?” I explain, “As a criminal lawyer, I make a distinction between someone committing an act and someone being guilty in the eyes of the law”. In order to be guilty of an act, the prosecution must….
DUI cases differ from most criminal cases because they are one of the few misdemeanors for which California law requires a certain mandatory minimum sentence. Almost all other misdemeanors convictions, even much more serious ones, carry no mandatory minimum sentence: Your attorney is free to negotiate the best sentence possible with the D.A. and the Judge, which may result in only be a small fine and probation. If you are convicted of DUI, though, the judge must impose at least
As a practicing criminal attorney for over 30 years, the most commonly asked question I receive is “I just got arrested for drunk driving, I’m guilty, so why do I need an attorney?” I explain, “As a criminal lawyer, I make a distinction between someone committing an act and someone being guilty in the eyes of the law”. In order to be guilty of an act, the prosecution must....
1. Not taking the matter seriously. This is a charge that could follow you for years, if you are convicted. The DMV records it for years. It is a “prior criminal conviction” for 7 years. If your license is taken away, you have to prepay for an SR-22 endorsement to your policy. Your insurance company may also....
Motions are one of the most important aspects of a criminal case before getting to trial. Kirk Tarman, criminal defense attorney in San Bernardino County CA, discusses suppression motions based upon the 4th Amendment, dismissal motions, discovery motions, and more... for a glimpse into the preparation of a criminal case. ….
Andrew Dosa, a civil and criminal defense attorney located in Alameda County CA, when interviewed by Crime and Justice Online, explains everything you need to know about restitution in criminal cases. What is restitution? Is it to punish the guilty or help the victim? Is it always paid? What happens if it is not paid? Are all criminal charges associated with restitution? Can you use restitution to bargain away a jail sentence? Is it applied more in civil or criminal cases? These questions and more are answered by our expert on restitution, Andrew Dosa….
Here is an entertaining and informative interview with Wally Farrell, a premier criminal defense attorney in Riverside County, now deceased, who discussed the Death Penalty in California with Crime, Justice & America Talk Show Host Ray Hrdlicka. Is it really a deterrent? Why represent defendants charged with this type of crime? What is “special circumstances” in the crime? Life without parole vs. the Death Penalty. Why does this type of case last so long? Is it a choice between Justice or a Political and Financial cost? Does it demean life? Or does it demean the death of victims?