Outline of Professional Services:
Upon being retained, you may look forward to the following services, if applicable, tailored to obtain the best results in your behalf:
* Representation at DMV license suspension and revocation hearings (aka Admin Per Se proceedings)
* Aggressive defense of traffic citations for commercial and non-commercial drivers
* Avoidance of "Points" against your California driving record
* Bail Issues
* Pleas and Withdrawal of Pleas
* Plea Bargain Agreements
* Preliminary Hearings (Felony cases only) - If you are charged with a Felony, versus a Misdemeanor, we may need to prepare a Motion to Set Aside the Information (pursuant to section 995 of the California Penal Code), challenging the decision(s) made by the Preliminary Hearing Judge. We may also need to file a Motion to Suppress Evidence (pursuant to section 1538.5 of the California Penal Code) at the Pre-Trial stage of the proceedings. Both of these Motions would be heard by a Trial Court Judge
* Discovery - obtaining all relevant police reports and evidence which the prosecution intends to use in your case; this would include all inculpatory evidence (evidence which may be unfavorable to you), as well as all exculpatory evidence (evidence which would point to your innocence)
* Service of subpoenas on all relevant witnesses
* Consulting and obtaining any experts, as needed to advance your position
* Change of Venue Motions
* Search and Seizure Defense: Search Warrants; Warrantless Searches; Wiretaps and Eavesdropping; Arrest Warrants. These issues are always reviewed. They involve your rights to be free from unreasonable searches and seizures. If evidence is obtained in violation of your Fourth and Fourteenth Amendment rights and your reasonable expectation of privacy, then a Motion will be filed in your behalf to suppress the evidence (prevent it from being used against you in court)
In the unfoldment of your case, we will deal with any Eyewitness Identification, Confessions and Admission of Evidence issues. Any and all Speedy Trial issues will be presented to preserve your Due Process rights. Should you have a co-defendant, there may be Severance issues. Motions will also be presented dealing with any Prior Convictions. If relevant, Motions to Disqualify the Prosecutor, the Presiding Judge, and to attack the credibility of the Law Enforcement officers.
We will be vigilant toward any misconduct by Law Enforcement, the Prosecutor, the Judge, or any other governmental entity. This conduct includes, but is not limited to, the following: Failure to Preserve Evidence; Bad Faith Prosecution; Interference w/ Ability to Present a Defense. We will also examine any failure by the Prosecution to disclose exculpatory evidence (information that may help to exonerate a defendant).
Once the above-mentioned preparatory issues have been successfully handled, we shall deal with all ingredients involved in a Court or Jury trial. These involve California procedural and court rules as they apply to Infractions, Misdemeanors and Felonies.
Infraction - A violation of a statute for which the only sentence authorized is a fine.
Misdemeanor - An offense lower than a felony, and generally punishable by a fine, penalty, forfeiture or imprisonment in County Jail (other than in a state penitentiary).
Felony - An offense of graver or more serious nature than a misdemeanor, and punishable by imprisonment for a term exceeding one year in a state penitentiary or state prison.
I have been in practice for over 35 years, and have a very high success rate !
Please contact me today for a FREE case evaluation at (760) 326-5297 - Call Anytime !
Attorney at Law
The information presented on this website should not be construed as legal advice as it is presented as information only. Nor does viewing the information contained on this website form an attorney-client relationship. There is no substitute for consulting with an attorney regarding the specific facts of a legal matter. Please note that substantive law and procedure discussed on this website may have changed as a result of legislation, judicial interpretations or changes in administrative policies or procedures.
Note: This website is not intended to offer services to clients for any matter outside the jurisdiction of the State of California.