Tag: criminal lawyer

Brenner and the DMV DUI Hearing. How to fight a DUI!

Brenner and the DMV DUI Hearing I often refer to the DMV DUI hearing (Department of Morons and Villains h/t Ed Kuwatch) as a “Kangaroo Court” because the DMV Hearings Officer, often a person with no legal training, acts as the prosecutor, judge and jury. The defense bar recently got a little help keeping client’s licenses […]

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Prosecutors Have To Consider The Effects of a Criminal Charge on Immigration

Criminal Attorneys Have To Advise on Immigration It has long been the law in California and Federally, that the defendant’s attorney must know of and advise them of the immigration consequences of the charges they are facing and any possible plea offers that may be available to them. The state of the law in California […]

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Police Departments Have to Turn Over Names of Bad Cops to Prosecutors

In a unanimous decision the California Supreme Court has held that law enforcement agencies have to turn over the names of dirty cops to DAs. The DAs then have to turn those names over to defendants.  In California, information about dirty cops is available two ways. First, by looking at complaints in their personnel file […]

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Pitchess Motion: Fight if the Police Lied

Pitchess Motion: What to Do If the Police Lied On Your Arrest Report or in Court You can fight if a Cop lied on your arrest report in your case or in court! There is a process called a Pitchess Motion wherein in a Defendant about whom the police lied, in an arrest report, criminal report or […]

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How to Take Advantage of CA Prop 47

This is an exciting development for people convicted of certain felonies.( I list them below.) Prop 47 allows reduction of felonies to misdemeanors. One of the most important things about this Proposition is it applies retroactively. This means no matter when you were convicted you can get your felony reduced to a misdemeanor. As you know, this […]

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How the CA DUI Blood Test Works.

As part of the California Implied Consent Law, a person arrested for DUI is given the option of taking a breath or a blood test. For reasons I discuss elsewhere, blood testing is now my recommended choice. Remember: unless you are under 21 or on DUI probation you are free to refuse the handheld Breathalyzer given […]

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How Does Bail Work?

Put simply, bail is the security for your appearance at court through trial. Upon your being booked the police set bail using a bail schedule.  Here for misdemeanors or Here for felonies.  The amount is based solely on what you were charged with and is cumulative.  That is, if you were charged with three offenses, […]

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What Does A Plea to Wet Reckless Mean in California?

In California, you face a lesser punishment for pleading to Wet Reckless than to a DUI conviction. While a DUI carries a Mandatory 3 month Alcohol class, Wet Reckless a 12 hour class. There are usually lower fines for a Wet Reckless. It does not have the same insurance consequences. A Wet Reckless doesn’t result […]

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