I have often said that the majority of my cases involve substance abuse, financial pressures or relationship troubles. Many involve more than one of these issues. More and more lately, my clientele seem to be effected by significant mental health issues. I’m not a doctor but sometimes it can be easy to tell when a client has a problem and it is often very hard to deal with it. Sometimes however, it’s not so easy to tell. I was referred a client recently from a local judge. The client is facing a second DUI with a high blood alcohol and multiple traffic collisions. At …

Yesterday was my twenty year anniversary practicing law. May 28, 1996, I was sworn in as a lawyer, meaning that I was officially able to start “practicing” law. It seems appropriate that my swearing in occurred in a courtroom in Van Nuys, California. Since that time, I have appeared in court in Van Nuys courtrooms more than other courthouse. But what does 20 years of criminal and DUI defense mean to you, the potential client? Quite simply, I’ve been doing criminal and DUI defense for a long time now. I am successful and I am good at what I do. Some lawyers …

How to Avoid Posting Bail Not everyone has to post bail in order to secure their pre-trial release from custody. Just yesterday I walked a woman into court after a warrant was issued for her arrest. She was charged with DUI with a prior, a special allegation of having a blood alcohol concentration over .20, one out of time prior (over 10 years old) and she was the cause of a three car traffic accident. The amount of the warrant was $60,000. The client wanted to walk into the nearest police station and post bail. That would have cost her …

The Importance of Reducing and Expunging Convictions I get a lot of questions these days about expunging convictions, reducing felonies to misdemeanors, sealing records and even certificates of rehabilitation and pardons. Definitions First, there are a lot of legal terms I just used. These terms apply only to California and California state court convictions. Expungements under Penal Code Section 1203.4: When probation is granted in a case and it is successfully completed for the entire term then probation naturally expires. After probation expires, or upon early and successful termination of probation, we may ask the court to let us withdraw …

One of the common questions in my business is: Should I bail him/her out? My answer is always the same – It depends. There are some basic rules of thumb I employ when deciding to advise bailing out a client. Now is the right time to post bail when: The client will be deported if he/she is not bailed immediately. The client will earn more money while out on bail than the cost of the bailbond. The client will lose a good job that he will be able to keep if he bails out. The client has children or dependants …

You likely didn’t notice several plain clothed cops hanging around outside of court in Van Nuys or San Fernando. They may have a cop radio hidden in a pocket or under a newspaper, but they can be spotted by the trained eye. Several officers from LAPD’s Valley Traffic Section have been working for years under a grant from the California Office of Traffic Safety. The grant funds a 5 man team to police “habitual traffic offenders”, including DUI offenders and people driving while their licenses are suspended. The team is part of the Valley Traffic Division’s DUI task force. They …

I have been working in and around the criminal justice system for well over 25 years. I started out working for a small state police agency, I worked for a local prosecutor, and I sat as a volunteer judge and have been practicing law for just short of 20 years now. Working in the criminal justice system, we see a lot of really bad stuff. This has an effect over time of making us someone hardened to the serious conduct that we deal with and the real world effects that the conduct has on its victims. I often find myself …

Yes, I know…We are all innocent unless and until proven guilty beyond a reasonable doubt. But I couldn’t help myself, which is about the same thing Ryan McClain likely told police when he was arrested for indecent exposure in Long Beach, California. City police stepped up patrols in the area of Cherry Avenue and Third Street after receiving multiple complaints of a man masturbating outside an apartment house. Subsequent investigation led to the suspects name and identifying information and ultimately gave rise (no pun intended) to an arrest warrant. McClain likely could not escape pursuing police officers as he had …

It’s hard to believe that summer is over, the kids are back in school and fall is upon us. Actually it’s my favorite time of year because Halloween is approaching and shortly after that we have what is known in my business as the “Trifecta”. No, it’s not a horse race; it’s the three big holidays in a row, Thanksgiving, Christmas and New Year’s. I think the name came from someone in AA or NA or some such program who realized that the family pressures of the holidays are often cause for substance abuse, spousal abuse and general family strife. …

Happy Labor Day, or Not Simple Advice When Searching for a Criminal Defense or DUI Lawyer I woke up this morning, happy to not to have to shave, put on a suit and drive to court somewhere in Southern California. Although I know I will have to pay for the holiday somehow, I can enjoy today as any other day off: I get up later, I leisurely read the newspaper, sip my coffee and there it is, staring at me in black and white, another DUI checkpoint snares several unlucky drivers. I guess these folks didn’t read my last post about how to …