I recently wrote a blog entitled: “Don’t Take Deferred Entry of Judgment at Arraignment”. It has received more views in the last year than any other article I wrote. The point of the article was simply to explain that short of going to trial and losing, there is absolutely no risk to plead not guilty and push a deferred entry of judgment case out toward trial in order to try and get it dismissed or reduced. Deferred entry of judgment cases are not the only cases that fall into this category. Pleading not guilty can be beneficial in many other criminal charges …

Winning in criminal defense takes a variety of different forms. First, a dismissal of all of the charges is the best example of a “win”. I have had a great deal of success in getting cases dismissed lately. In the last week I got a sex offense dismissed in Van Nuys, a battery dismissed in Pasadena and a felony domestic battery dismissed in Ventura. But, the vast majority of criminal cases which get filed don’t get dismissed outright. What other resolutions constitute a win? A true win depends upon the specific needs of the specific client. Some clients seek to avoid deportation. Some clients …

If you have been convicted of a felony in California, there is a good chance that the felony conviction can be reduced to a misdemeanor under California law. Under California Penal Code Section 17, a “wobbler” felony can be reduced to a misdemeanor any time probation is granted and no form of state prison (even a suspended sentence) has been imposed. This means that if you are having trouble getting or keeping a job because of your criminal history, you should call a lawyer about trying to clean up your past. What Types of Convictions are Relevant? If you have a prior …

Many people, myself included, feel that prostitution should be legalized, regulated, licensed and taxed. Maybe one day that will happen in our fine state. However, the federal government views this crime much differently than the state. Because prostitution under California Penal code Section 647 (a) is a crime involving moral turpitude or CIMT, it could be cause for deportation, denial of naturalization or denial of re-entry into the United States for a non-U.S. citizen. What Are the Consequences? That’s alright, we say. Here in Los Angeles and in other locations, there are diversion programs for prostitution. I can plead guilty to …

Were You Arrested for DUI Over the Holidays? If you or someone close to you was one of the unlucky people who were arrested for DUI this holiday season, then you are in good company. The task forces were out in force and the number of people arrested is quite high. Remember that the best way to deal with a DUI arrest is to deal with it immediately and not ignore it. First, read all the paperwork you got when you were arrested. If you or your loved one is still in jail, call me and we can talk about ways to …

Getting arrested is NOT a good way to avoid family events during the holidays. I know that we all have certain obligations this time of year. We need to spend money on holiday gifts. We need to see family and friends to share meals and exchange presents. We need to attend holiday parties for work. Some must travel to see family and friends, while others stay home and entertain. Either way, there will be a lot of family in the next two weeks. There will be a lot of expenses in the next two weeks and there will be a …

By now a lot of people have heard or dealt with the changes that have occurred in Ventura County’s criminal justice system. The biggest change is the seemingly permanent closure of the work furlough program. Work furlough is a jail substitute where people who were convicted of crimes and sentenced to jail could serve their time at a facility located at the Camarillo airport. The location was supervised by probation officers and allowed “inmates” to leave during the day for work and return to the facility at night, thereby getting day for day credit for their stay in the program …

I got an unsolicited email this weekend. A potential client was asking how much I would charge to represent them in a drug possession for sale case. God bless this potential client who said she was trying not to take too much of my time, but wanted to get an idea of what it would cost to hire me. I emailed back that I had some questions: Where is the case, some background information on the client, criminal history, some specific facts about the case, etc. The client indicated she had been quoted about $5,000 from two different lawyers. She seemed to …

If you start the night off with a plan, you are more likely to end the night sleeping in your own bed instead of sleeping at the grey bar motel. Throughout the past 20 plus years I have been representing people for DUI in California, I have found that when people have a plan at the beginning of the night, their night tends to end more successfully. What does that mean to you? Before you go out drinking, formulate an action plan for your night. Decide several things before you leave your house. First, even before you decide who is going …

A Los Angeles man was sentenced to 36 months of probation in Sonoma County Superior Court on October 12th, 2016 in connection with the death of his lifelong friend while wakeboarding out on Lake Sonoma earlier this year. The defendant, 30-year-old Andrew Scheff, pleaded no contest to a misdemeanor charge of operating a recreational vessel with a blood alcohol concentration (BAC) of 0.08% or more, while a concurrent misdemeanor boating under the influence charge was dismissed. According to the Sonoma County District Attorney’s Office, prosecutors found that there was insufficient evidence to prove that boating under the influence caused the …