How to Avoid and Deal with a Traffic Stop. Perspectives from a California DUI and Criminal Defense Attorney I just read an article on msn.com about 15 things the police can take from you without a warrant. I thought it was a very good article, as it should be from Microsoft. I would like to expand upon this in several ways. First, most penal laws are enforced on a state-by-state basis. This means that the laws can change from one state to the next. For example, marijuana may be legal for recreational use here in California, but it’s still very …

Mediation and Alternate Dispute Resolution is Often Better than Trial The average jury trial in California is three to seven days long. The average lawyer in California bills $586 per hour. That means, if you are paying your lawyer hourly and your trial only goes three days, that would cost you over $17,000 for your trial, win lose or draw. And that does not include any trial preparation, the final status conference, the mandatory settlement conference and anything that could (and does) happen after the verdict. If you are not paying your lawyer hourly and they take a percentage of …

Time to Think About it? Plea Bargains and Responses in California Criminal Cases My clients often come into the office anxious to resolve their cases. They want to be done as quickly as possible with as few court hearings as possible. However, when a settlement offer comes, clients often want to think about it. I recently had a client come into the office and told me she felt pressured to take a deal by her public defender. She showed up for her arraignment on a multiple count, misdemeanor case and asked for the services of the public defender. The PD …

Why are Criminal and DUI Cases Very Different in Ventura and Los Angeles Counties? I have long joked that Ventura and LA are right next door to each other yet worlds apart. What does this really mean and how does it affect your criminal or DUI case? The answer is complex so I thought I might write an article (or two) about it. First, Ventura is a very small county although there are still multiple law enforcement agencies in the county. On the West side of the County there are the Ventura Police Department and the Oxnard Police Department. On …

What does it Really take to get you DUI Reduced or Dismissed in California? If you have been arrested for DUI then I am quite certain your head is already spinning. You can search Google until your eyes bleed. You can talk to 18 different lawyers until you are ready to throw up. But at the end of the day, you still want to know two things: What’s the best way out of this thing? and, Can I keep my license? And maybe a third thing too, Will I have to blow into one of those things in order to …

Are Remote Mediations as Effective as In-Person Sessions? I fought technology for a long time. For years I encouraged clients to come into the office to meet with me before they decided to hire me. I feel like a bit of used car salesman when people who I have only spoken with on the telephone give me credit card to hire me without meeting me in person. Times have changed and we need to change with them. I have been practicing law for almost three decades and I am quite good at what I do. I am good at assessing …

A Veteran Defense Lawyer’s Perspective on Prostitution Diversion and Other Diversion Programs in California A reporter called me yesterday to ask me about prostitution diversion programs. I guess I should be happy that someone found me online. Normally my clients are all referred, but this wasn’t a client, just someone searching Google for information. In any event, she didn’t seem to understand some of the differences between the types of diversion programs that currently exist in California. This person was a graduate student at UC Berkley, so I will go out on a limb and say that she is quite …

Why are there Two Driver’s License Suspensions After a DUI? DUI is the most commonly prosecuted crime in California. The punishment for a DUI conviction is not getting any lighter any time soon. The process is confusing, and arguably ridiculous. I get more questions about DUI’s then I do about any other cases. How do I get my license back. Why is my license being suspended again? Do I need to put that thing (Ignition interlock) in my car? What’s an SR-22? And then there is all the standard stuff: Will I have to go to jail? How much is …

A New Year Means New Criminal Defense Strategies in Southern California It’s a new year and with it comes some dramatic changes to the world of criminal defense in California. We have a new district attorney in Los Angeles County. We have new laws in California, and we are about to have a new president in the oval office. Proposition 36 passed as a voter initiative to reinstate criminal penalties that were reduced some years ago. Theft cases which were previously only filed as misdemeanors will now be felonies. Drug cases that could previously filed only as misdemeanors will now …

Do you have a commercial driver’s license? Are you facing a DUI in California? Don’t ignore it. Don’t waste time. Call someone who can help. I you have a commercial license in California, a DUI can be devastating. If you’ve been arrested for DUI and you are a commercial driver, Don’t call ten random lawyers from the internet.  Ignore any of the propaganda that is mailed to your door. If some lawyer you don’t know (or his flunky) tries to call or text you, he is nothing more than a predator trying to take your hard-earned money from you. Call …