Real Criminal and DUI Defense for Real People in Southern California
I was watching a legal marketing podcast the other day, and they were talking about “branding”. No, not the hot metal things you put on horses and cows to identify your livestock. They were talking about getting your name out there and your likeness and your “mark”, if you will. To tell you the truth, I never wanted to be one of those guys that you saw on T.V. or on a billboard off the freeway. I don’t want to be recognized. I’m not an actor, I’m a lawyer. It is true though, that when I walk into court, people recognize me. I’ve been doing this a long time, yet I’m still surprised when people know my name when …
How Long Will it Take for My DUI Case to be Over?
Clients often want their cases to be over as soon as possible. I always tell them the same thing: Over and over right are two very different things. I find that the “average” California DUI case takes between three to six months to resolve. Some cases take less, some take more time. Here are some of the factors that can affect a DUI case. Was it a felony or misdemeanor DUI case? Approximately 95 percent of all misdemeanor DUI cases resolve prior to trial. This is by way of plea, dismissal, or some other type of settlement. This could include …
The Right to a Lawyer In California Criminal Cases
There is often a misconception about when people have the right to have a lawyer help them with their criminal cases in California. The right to counsel is limited in several different ways: The charges, the situation and type of case play important roles. The landmark Supreme Court case Gideon v. Wainright, found that anyone facing criminal charges is legally entitled to a lawyer furnished by the state if they are found financially unable to secure one for themselves. Before the ruling of this case, the right to counsel only applied to federal cases. Ventura County, like the rest of …
What is Judicial Diversion?
California Penal Code 1001.95 states “A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge’s discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions”. What exactly does this mean to you? Depending on the criminal charges, it can mean a huge opportunity to earn a complete dismissal of all charges and even avoid a guilty plea. PC 1001.95, commonly known as Judicial diversion, gives a judge the opportunity to “divert” an individual’s case for a period of to 24 months, If the person agrees …
Always Remain Silent and Ask for a Lawyer
One of this country’s most significant laws, the Fifth Amendment, gives individuals the right to remain silent. This is a broad right which allows us to avoid questioning from law enforcement when in custody. Since the seminal case of Miranda vs. Arizona, police are required to give “Miranda” warnings when two things apply: 1. The subject is in police custody and, 2. They ask questions or make statements which are reasonably anticipated to gain incriminating responses. These warnings are intended to aid people in preserving their ability to avoid self-incrimination. Often, people fail to invoke this right as they feel …
The Importance of Having a Lawyer When Facing Gun Charges
The Second Amendment allows Americans to keep and bear arms. However, this right isn’t without its limits. There are many responsibilities required of lawful gun owners. Depending on where you live, local and state laws often differ greatly from federal laws. California has some of the most complicated and restrictive gun laws in the entire country, with severe penalties for anyone that doesn’t follow them. California gun laws are comprehensive. Successfully navigating those laws is not easy. Some common mistakes made by gun owners are: Improperly store their firearms; Unlawful transportation of a firearm; And owning a restricted firearm. Each …
Picking the Right Lawyer for Your DUI Case
Picking the right lawyer for your DUI case A DUI charge is one of the most common criminal charges in California. On average, 125,000 DUI arrests happen in California every year. People sometimes forget how common it is and don’t realize it can happen to anyone. What do I do if I get arrested on DUI charges? Do I hire a lawyer? What Should I look for when hiring a lawyer? How can I trust that this is the right lawyer for me? These are all important questions to ask as they can ultimately make the difference between you getting …
Don’t Give the Pricks the Satisfaction – Advice from a Criminal Defense Attorney on Avoiding Police Contact
Don’t Give the Pricks the Satisfaction Hi, My name is Jeffrey Vallens, and I’m a criminal defense lawyer in Southern California. I’ve been practicing criminal and DUI defense for nearly 30 years. For years, people have been asking me questions like, “What should I do if I get pulled over for DUI?” and “Which test should I take, blood or breath?” and especially, “Will I go to jail?”. Today I’m here to tell you not to give the pricks the satisfaction. What does that mean? Any cop worth his weight in dog shit will tell you that the little things …
Finding the Right Criminal or DUI Defense Lawyer in California with ChatGPT
Finding the Right Criminal or DUI Defense Lawyer in California with ChatGPT I am not a big tech guy. I don’t need the latest phone or computer. I only take my laptop to court when I have a contested hearing, prelim or trial. I only scan files when I need to send them to my clients or when I am putting them in storage. I hate to say this, but I guess I’m becoming one of the “old guys”. My son recently taught me how to use ChatGPT. It seems far from perfect to me, but used appropriately, it does …
Types of Drug Crimes in California
Different Types of Drug Crimes in California California drug laws are complex, and if you are in legal trouble, Vallens Law is here to advocate for you. The penalties a Californian will face for a drug-related conviction depend in a large part on what the defendant does or does not do with the drugs. Some categories of drug crimes are: Possession of drugs with the intention to use them personally. Many possession charges are misdemeanors. However, the penalties can vary based on the type of drug, the amount the defendant has, and the defendant’s prior history. Certain aggravating factors can …