The first step for you, or your attorney, is to contact the court clerk and ask that your case be put on the court's calendar for the matter to be heard on a particular date. On that date, you and/or your attorney will appear in court, ask that the warrant be discharged, and offer a good... View More

Your question raises a number of issues. First, trust is central to the lawer-client relationship; when this is weak or absent, the client needs to find another lawyer. Second, a defendant will not get a reliable second-opinion without first dismissing her current attorney and then hiring a new... View More

Intent is not an element of guilt in a speeding violation. The real issue is not the accuracy of the driver's speedometer, and not even whether the driver was aware he was speeding. The central issue is the accuracy and reliability of the Officer's speed detection equipment or opinion... View More

A defendant represented by a court-appointed attorney has the right to ask the court to conduct a "Marsden Hearing" for purposes of appointing a different attorney. At the hearing, the court will ask the defendant to explain why he is making this request, and at that point a statement... View More

When you go to court on 6/17 for your arraignment, you can get a copy from your court-appointed lawyer, who will be given copies of the complaint and police report at that time. A privately-hired attorney may be able to obtain those documents for you before the arraignment on 6/17. You can also... View More

The only "statute of limitations" in criminal law applies to the filing of charges by the DA, not to the timing of a "speedy trial" after charges are filed in court. The California Criminal Code provides deadlines for certain courtroom proceedings, such as preliminary hearings... View More

If they did not have probable cause (that is, sound evidence) that he was probably somehow intoxicated before they arrested him, the DUI charge will not stand. Straddling a double yellow is sufficient evidence for a traffic stop but is insufficient for a DUI arrest. They commonly try to obtain the... View More

For sentencing purposes, only prior DUI convictions count. Punishment for a second DUI conviction within 10 years of the first conviction can be anything from a minimum of 3 years on probation to jail time of 90 to 364 days, depending on the circumstances of the incident and the recency of the... View More

It is possible that the DA's office may not file charges by 12/18. They have a year from the date of a misdemeanor incident to do so and are not required to file on or before the court date shown on your police citation. Nonetheless, if you do not show up in court on the 18th, or hire a lawyer... View More

While it is true that evidence obtained as a result of an unlawful traffic stop is inadmissible, the question is how are you going to show that that the officer did not have a reasonable belief that you had violated a traffic law before initiating the stop?

This seems to be an example of judicial activism/overstepping. If you would like to phone me to discuss this at no charge, you can reach me at the number shown in my profile.

Unlikely until the Virginia matter is cleared, as states share DMV information with one another by common agreement. For details, contact the California DMV's Mandatory Actions Unit at 916-657-6525.

For a modest fee, a criminal law defense attorney may be retained to look into the matter and provide the best method for resolution.

You need to be certain of the exact disposition of your case before you can determine whether and what, if anything, must be disclosed to particular prospective employers. Contact the clerk of the criminal division of the Superior Court that had jurisdiction over the case to obtain a copy of the... View More

It was not a lawful arrest or search if they did not have a reasonable factual basis for believing your license was suspended or that you might be in possession of drugs. Unlawfully obtained evidence cannot be used in court.

Your options are to (1) pay the fine prior to the court date, (2) pay the fine and write a letter to the court prior to the court date contesting the citation, (3) appear in court on the day indicated, pay the fine and request a trial to contest the citation, (4) hire an attorney to appear in court... View More

Going through a yellow light is not an offense, but doing so recklessly could be a basis for a lawful stop. Your lawyer will have to look into the actual facts and reason given the stop to determine if the evidence gathered against you afterwards was the product of an unlawful detention. Cops... View More

Happy to talk for a few minutes. Contact information on my Justia profile page. Give me a call at 10 a.m. on Saturday, 3/11.

In actions by government agencies, particularly courts, some hearing or review process is usually required.

A TRO typically orders the restrained party to have no contact of any kind with the protected party, but occasionally it will permit peaceful contact. If yours does not permit peaceful contact, then ANY contact by the restrained party is a violation and is prosecutable.