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Law Office of Joe Dane

Joe Dane
850 E. Chapman Ave., Ste. C
Orange, CA 92866
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Call (866) 827-8469


Areas of Practice

  • DUI
  • Criminal Defense
  • Criminal
  • Defense
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Law Office of Joe Dane

Orange criminal defense attorney Joe Dane has earned the respect of those in the District Attorneys Office as well as the many judges he has appeared before. Before going into criminal defense, Mr. Dane served as a deputy District Attorney for over 12 years. He was named Prosecutor of the Year twice. While working at the DAs Office, Mr. Dane prosecuted every type of criminal case from theft to homicide. He has been involved with every aspect of thousands of criminal cases, from filing to sentencing.

Prior to attending law school, Joe Dane worked for over three years as a reserve Deputy Sheriff with the Los Angeles County Sheriffs Department. He was named Honor Cadet, the highest award possible, while in the police academy where he was the top cadet in firearms and academics. Mr. Dane was involved with every aspect of criminal investigation while working as a Sheriff, from traffic stops to bank robberies.

Mr. Dane currently teaches all areas of criminal law at a state-approved police academy, including interrogation and the laws of arrest. He has trained other prosecutors during seminars for the California District Attorneys Association (CDAA) in the areas of trial tactics and crimes against children. He also teaches a course on homicide investigation at a local community college.

Testimonials

Complete Dismissal!

I was charged with sales of exstacy. Fortunately, for me it was my first offense as an adult. I was looking at a minimum of 6 months in jail, followed by two years of probation. My first meeting with Joe he explained what he was shooting to happen with my case (complete dismissal). After completing PC 1000 classes, sure enough my case was completely dismissed. Not only did Joe make a positive impression the first time I met him, but he maintained confidence and told me step by step what to expect each court appearance. He kept in contact extremely well and made it seem like I was his only client that mattered.

THE Consummate Professional

I am very thankful for Mr. Danes fine legal services. He is the consummate professional, listened well to my concerns and questions, and responded with thorough information and encouragement. Joe worked hard to get the best outcome for me and relieved my anxiety by keeping me informed about system processes and his defense strategy. I feel fortunate he was my attorney.

Could NOT! Have Found a More Professional and Qualified Lawyer

I am a former client of Mr. Danes. I had no idea where to start or even begin to look for an Attorney. but I came across Joe Dane's profile on another site. Scared and nervous I proceeded to call him, and he immediately put me at ease and let me know we would handle it and get through it. He is an exceptional and experienced Attorney. He made things as easy on me as possible, and kept me informed of proceedings at all times. In ALL HONESTY, I could NOT have found a more professional, qualified, complaint Lawyer if I had wanted to.



Answers

Should I ask for an attorney first before agreeing to any test? You can ask, but unfortunately, you're not entitled to discuss it with an attorney before any field sobriety tests or chemical tests. What they don't tell you is that field sobriety tests and the handheld breath test are not mandatory. It's only if you're arrested for DUI do you have to submit to a chemical test or face a mandatory suspension of your license and increased punishment.
How can I defend myself from DUI? You weren't pulled over for "suspicion". You were puled over for some sort of traffic violation. If you weren't, your attorney may be able to suppress the evidence against you. If you're planning on representing yourself, bad move. If you cannot afford an attorney, the court will appoint a public defender to represent you if you financially qualify.
Is it considered as a DUI if I took a prescription drugs and drove? Can you get charged with DUI on prescription drugs? Unfortunately, yes. They are somewhat difficult for the prosecution to prove though, since there isn't a magic number (like the 0.08% like for alcohol). You will need an attorney for this - it's definitely not a do-it-yourself project.
What are my chances to win against a DUI charge? There's just no way to guess what your odds are without seeing all the police reports and other documentation associated with your case. The only person to advise you is your attorney - yes, you absolutely need one.
Is it possible to get a DUI if I am under the legal limit? Can you get a DUI below 0.08% Yes. What can you do? Get a lawyer.
What should I do at the DMV APS hearing? What should you do? Get a lawyer. You're going against a DMV hearing officer - they aren't lawyers, aren't judges and certainly aren't on your side. I can almost guarantee you'll lose your hearing if you do it alone. Can an attorney guarantee a win? No, but they can spot any issues and put up a fight for you. At least sit down and talk to a couple of local criminal defense attorneys. Don't fall for promises or guarantees, but follow your gut with an attorney that can answer your questions and explains what the issues are.
Will I go to jail if this is my second DUI offense? There is supposed to be a mandatory jail sentence for a second DUI, but it's only 96 hours. By being booked, you may have sufficient credit for that time. That's just the minimum though. Some counties impose the minimum others want more sometimes 30 days or more, depending on your blood alcohol level, how recent your prior was, etc. There may be a way to get alternative sentencing house arrest on an ankle bracelet, etc. You definitely need a lawyer. Look for a local criminal defense attorney that routinely practices in the court where your case will be heard.
Should I just plead guilty to my drunk driving charge? Field sobriety tests aren't pass or fail, so there is no "failing" them. What matters is what your blood alcohol level was, your exact performance on the test and whether or not there truly was a violation that allows them to pull you over. Swerving within your own lane may not be enough for the to stop you. If the stop was bad, all the evidence is out, including your appearance, the blood alcohol results, your field sobriety tests, etc. This won't be a do-it-yourself project though you'll need a lawyer. At least sit down with a couple local criminal defense attorneys to discuss your options. Otherwise, you're guaranteeing a DUI conviction on your record when you may have had defenses or arguments to reduce the charge.
Is it possible to get insurance after a drunk driving accident? Yes. Check around and look for companies that specifically insure people with DUIs. The rates vary and are all over the place, so you've got some research to do. Make sure that you always keep your SR-22 current with the court during any transition.
What happens if I lost my license, but I continue to drive? If your license was suspended because you lost your DMV hearing, if you're caught driving, it's a misdemeanor violation of Vehicle Code section 14601.5. It carries potential jail, huge fines and will violate your DUI probation. If your license was suspended because you were convicted of DUI, it's a violation of 14601.2. That carries a mandatory 10 days jail, huge fines, the installation of an ignition interlock device and will violate your DUI probation. If you enroll in the alcohol program, pay a re-issue fee to the DMV and have a current SR-22 (proof of insurance) filed with the DMV, you can get a restricted license that allows you to drive to work. You have to do 30 days of actual suspension (no driving at all) before you get the restricted license.
Are breath tests accurate? Yes. There are margins of error and calibration issues that must be looked into. This is not a do-it-yourself project though. You'll need a lawyer.
How much is the usual fee for a DUI lawyer? The fee is whatever the two of you agree to. I know that's vague and I'm not trying to be flippant, but it really depends on the case. Will there be extensive motions? Is the case going to trial? Do you need an expert witness to retest your blood and testify at trial? Etc. And then there is the difference between whether you get a large firm, a solo practitioner, their experience, etc. And then there is the difference between a firm where you pay for the name on the door, but get whoever they refer or assign the case to - but not the name on the door. Interview several, research them and go with your gut after meeting.
What can I do if I was charged with obstruction and resisting arrest? Not being respectful doesn't sound like enough to charge and/or convict you. You have to 1) be validly detained and 2) actively do something that resists, delays or obstructs the officer in the performance of their duties. It's not anything you want on your record, however. If you can afford to do so, I'd suggest consulting with a local criminal defense attorney to discuss representation. Look for somebody that routinely practices in the court where your case will be heard. If you cannot afford an attorney (and you'll never know if you can until you discuss the case and fees with them), you can request the services of the public defender when you appear in court.
Is it possible to hire an attorney to show up to court and take care of these warrants for me? Very possibly. A local criminal defense attorney can probably get the cases in front of a judge without you being present and get the warrants recalled.
What is the best way to fight these charges? Sorry, but there's no way for anybody over the internet to give you the "best way" to fight the charges. Only your attorney - the person who has access to all the police reports, witness statements, evidence and has discussed the case with you in detail - can advises you on the best way to proceed. If you're not satisfied with your appointed attorney, you are free to hire an attorney of your choosing. Yes, public defenders are overworked. You may want to call and schedule a meeting with them, rather than have a rushed hallway discussion about your case.
What can I do about the warrant? You (or your attorney on your behalf) is going to have to appear in front of a judge to get the warrant recalled. If this is based on a traffic citation, the "summons" was the citation the officer issued and you more than likely would not have gotten any other sort of notice. Again - if this is based on a traffic citation, the DMV may have also suspended your license for the failure to appear. If so, you're going to have to clear the FTA in order to get your license reinstated. Because it's now gone beyond whatever the original problem was and has a failure to appear and warrant, it's time to sit down with a local criminal defense attorney to discuss your specifics in greater detail.
What does it mean to be sign over a waiver of rights to be expedited from another state back to the state that the supposed crime was committed? A person held on a fugitive warrant has a right to an ID hearing to challenge whether or not they are the person actually wanted in the warrant. They can agree to waive that hearing and agree to be extradited. The requesting state is then notified and they have to arrange to have the detained person brought back.
What do I need to do to get this reduced to dry reckless? At that blood alcohol, your attorney is going to have to find significant issues with the investigation and/or alcohol results. Miranda rarely factors into a DUI investigation. Your issues are the legality of the stop/contact, the lawfulness of the arrest and subsequent testing; the accuracy of the testing equipment. This is definitely not a do-it-yourself project. Your chances of getting the prosecutor to reduce your charge to a dry reckless on your own are slim to none.
What can I do if I was accused of a crime that was found to be false? If you were absolutely falsely accused, you always have a civil case against your accuser for any damages you suffered (cost of bail, lost time, attorneys fees, etc.). As far as your criminal record - if you were arrested, you can file a petition for factual innocence. If granted, that will seal, then eventually destroy the record of your arrest and wipe it from your background. These are tricky, so if you're going to try and pursue this, seek a consultation with a local criminal defense attorney who has actually filed these.
How does a DUI impact someone with misdemeanor charges? The only thing that will impact your DUI is a prior DUI or if your license wasn't valid at the time. Your priors won't matter. You'll still need a lawyer, both for the criminal case and to deal with the DMV. You only have 10 days from the date of your arrest to request a hearing with the DMV or they'll automatically suspend your license.
Second offense DUI consequences? You're only looking at consequences if you're convicted of something. If you only had two drinks (12 oz of beer, 4 oz of wine or 1-1 1/2 oz hard liquor), your blood alcohol level may not be over the 0.08% limit. Can you still be DUI, even under 0.08%? Yes, but they have to prove you were under the influence and unable to operate your car in the same manner as a sober person. A second DUI within 10 years carries mandatory jail time, fines, 5 years probation, ignition interlock installation, license suspension.... all sorts of very burdensome consequences. Because of this - as with any criminal case - you definitely need a good, local criminal defense attorney to represent you. If they took your license away from you at the time of your arrest, you only have 10 days to request a hearing with the DMV or your license will automatically be suspended. Contact a local attorney ASAP.
How can I close my pending charges? By "pending" - are they still ongoing in the court system? I assume that's what you mean because there are two warrants for you. If they are misdemeanors and the warrants have been outstanding for that long, your attorney may be able to successfully get the cases dismissed for failure to serve the warrants in a timely manner. It's called a Serna motion. Your lawyer should know about this. Unfortunately, you're going to have to appear in court (or have your attorney appear on your behalf if possible) to get the warrants recalled and look into any issues with the case and/or work towards the dismissal.
Will I do time for a domestic charge if its my second offense? The prior conviction will hurt you, but it really depends on the facts of the new case, how your performance on probation was so far and what your attorney can work out for you. I'll be honest - being on probation for domestic violence and picking up a new case of domestic violence? Yes, you're probably looking at time in jail.
What is the penalty of statutory rape? It will depend on how it's filed by the prosecution. If the age difference between you is 3 years or less, it's a misdemeanor. Over 3 years and it can be a felony. What you actually get depends on what they can prove, your prior record (if any) and what the facts are. You're going to need a lawyer, no matter what. Either you arrange to get the money together to hire one (and you'll never know what the fees are and what you can set up for payments until you meet with them and ask) or show up to court and apply for a the judge to appoint a public defender.
How can I take care of my criminal charges? If no charges are filed, the only way to get things off your record are by filing a petition for factual innocence. You have to be absolutely sure no charges are filed. It's not an overnight process though. Sit down with a local criminal defense attorney to discuss your options.
What is the first step after being released and charged with DUI? Contact a local criminal defense attorney ASAP. You only have 10 days to contact the DMV and request a hearing to challenge the automatic suspension of your driver's license. Your attorney can set that up, as well as discuss with you the next steps and the criminal charges that are forthcoming.
Can my DUI case be dismissed if the officer didn't read my Miranda Rights? Your Miranda rights are only required if you're being questioned after you're in custody. There are many arrests that never involve the reading of rights. If there was a Miranda violation, any statement taken in violation would be excluded, but it wouldn't necessarily invalidate the entire case. Your attorney can examine the whole case in much greater detail for any other factual or legal defenses available to you. Keep in mind that you only have 10 days from the date of your arrest to request a hearing with the DMV or they will automatically suspend your license.
Under what circumstances can I be charged with a DUI? Your terminology is a little jumbled - you're asking about being charged, then asking about appealing. Appeals occur after a conviction. I assume from your question that you were arrested, possibly charged (or the case is set for a court date in the near future), but you have not been convicted yet. First - you only have 10 days from the date of your arrest to request a hearing with the DMV to challenge the automatic suspension of your license. Next - they have to prove driving for a DUI. Can they do that circumstantially? Yes, but it may be difficult if not impossible for them in your case. Your attorney (yes, you absolutely need one) can sort through the reports and analyze your case fully - well beyond what can happen here on the internet.
Do I need to appear in person in court for my DUI trial? For trial? Yes, unless the judge agreed to allow you not to attend. It would be a bad move to not be there for trial though... A jury would form no connection to you whatsoever and it would be much more likely for them to convict a person who's not there. If you're asking about whether your attorney can appear in court on your behalf on other routine appearances, then the answer is yes.
What happens if you refuse to take a breathalyzer test? Unless you're on probation for DUI or under 21, you can refuse the roadside PAS (preliminary alcohol screening) device test. If you're arrested for DUI, then you must submit to a chemical test. Yes, you can refuse, but your license will be suspended, the punishment can increase if you're convicted, and they can force a blood sample from you anyway, then use the results against you. They cannot arrest you for just refusing the test - they must have sufficient evidence to determine that you're driving under the influence.
What should I do if I want a new criminal defense lawyer? You're always free to seek a new attorney. Your new lawyer will contact your former attorney to arrange to get your file and all the necessary paperwork.
How do I find a criminal defense attorney with knowledge of warrants? Look for an attorney that focuses exclusively on criminal law, not an attorney that just dabbles in criminal cases. Websites such as avvo will allow you to search for a local criminal defense attorney and you can go from there. Best of luck.
Can I get a DUI while on marijuana instead of alcohol? Yes, you can be charged with a DUI for driving under the influence of marijuana or any other drug - whether street drugs or even prescription drugs. Proving it is the problem - for the prosecutor. There is no magic "legal limit" like in an alcohol 0.08% DUI. They have to prove that whatever amount in your system was active (not metabolites) and that it impacted your ability to drive safely. Can they charge you? Yes. Will it stick? That all depends on the facts.
How soon can I legally drive if I have been charged with drunk driving? You can drive immediately on the temporary license given to you at the time of your arrest. If you do nothing, your license will be suspended 30 days after your arrest. That is a 4 month suspension, but you can seek a restricted license after 30 days of actual suspension if you enroll in an alcohol program and have current proof of insurance filed. If you're convicted of a DUI in court, same thing - but it's a 6 month suspension with the same restriction possible after 30 days of actual suspension. You don't get 30 days over again if you already were suspended. Discuss all this with your attorney as they can explain how things work and what you need to do. No matter what though you only have 10 days to request a hearing with the DMV to challenge that automatic suspension of your license.
How do I know if there was a violation of the Miranda Warning during a criminal charge? A Miranda violation occurs if a person is "in custody" (arrested or the functional equivalent thereof) and being "interrogated" (questions or conduct designed to elicit an incriminating response) and they were not first advised of their rights. I'm not sure what you mean by "how will I know". The attorney will analyze the case and, if appropriate, file a motion to suppress the statement gathered in violation of Miranda.
Will I have to go to jail for a first misdemeanor in California? It depends on what the misdemeanor is. Misdemeanors range from disturbing the peace all the way up to vehicular manslaughter.
What should I do if the police want to speak about fraud? Never, ever, ever talk to the police without first speaking to a criminal defense attorney especially if you don't know what it's about. You could be walking into a big trap and anything you say is only going to hurt you. Unless you are absolutely, 1,000% sure that you have absolutely no criminal liability, any statement can only work against you. Talk to a local criminal defense attorney first.
Can a police officer pull you over for no reason? They must have "reasonable suspicion" of criminal activity - any violation of law. They can't just stop you for "no reason" - they have to at least have a Vehicle Code violation. If they did stop you for absolutely no reason, any evidence they find could potentially be excluded because of the illegal stop.
Can a police still ask you some questions after asking for a attorney? Once a suspect asks for an attorney and invokes their Sixth Amendment right to an attorney, all questioning must cease. Any statement taken afterwards should be ruled inadmissible in court. There was a practice done by the police years ago where even after a suspect invoked their rights, they'd keep questioning, hoping to lock somebody into a statement. That has been severely frowned upon by the California Supreme Court.
How long do I have to wait before I can pursue an expungement and what is the process for going about doing that? Unfortunately, because you were sentenced to state prison, you're not eligible for an "expungement" (dismissal under Penal Code section 1203.4). You would have had to successfully completed probation. Your only option now is a certificate of rehabilitation and a governor's pardon. The certificate of rehabilitation is very possible, but typically the court wants to see 10 years after the case is over and significant changes in your life. If granted, then you can apply for a pardon, but honestly - the odds of that are quite slim.
What is the best way to lower a DUI fine? There are mandatory minimum fines and they cannot be lowered beyond $390 plus penalty assessments. You can convert the fine to jail time or community service.
Will I get a public defender for a domestic violence charge in California? If you cannot afford an attorney, you have the right to have representation appointed by the court. A domestic violence charge could be a misdemeanor or a felony. In either situation, you're entitled to a public defender if you financially qualify.
What is the punishment for grand theft auto? Grand theft auto (Penal Code section 487(d) or Vehicle Code section 10851) carries up to three years. There's no mandatory minimum, so it can be anything from probation and no time up to three years.
What should I do if my daughter accused my husband of child abuse? Bottom line - he will need to be represented by an attorney. The police have taken a report and it's going to be forwarded to the prosecutor for review and the filing of criminal charges against him. If you can afford to do so, start looking to hire an attorney and start preparing for the best outcome you can. If he cannot afford a lawyer, he will have to appear in court and request the services of a public defender. He could be looking at jail time, probation, mandatory counseling and other consequences. This isn't to be taken lightly.
Can I do something to erase my felony assault? California doesn't let you "erase" it but you can minimize the impact if you qualify. Assuming you didn't get sentenced to state prison, you can seek a reduction to a misdemeanor and a dismissal under 1203.4 of the Penal Code. That is the best it can be cleaned up since California doesn't have a true "expungement" statute that can erase a case from your record. Talk to a local criminal defense attorney about the specifics and what options are available to you.
Can the police arrest someone after they give a statement without Miranda Rights? Miranda violations, if they exist, make any subsequent statement inadmissible, but don't necessarily invalidate the arrest itself. Whether Miranda warnings were required is a factual issue that can only be resolved after a thorough review of the reports and statements.
Do criminal defense attorneys usually take payment plans? That's up to the individual attorney, but yes - most do. I understand that not everybody walks around with a wad of cash expecting to have to hire an attorney and that things happen. You need help now and as long as you can come to an arrangement with your attorney, payments can normally be worked out. Just as an aside - don't select an attorney just based on price. You may get what you pay for. Find one that has the experience you need and has a strategy for how they are going to handle your case, not just one that will take payments.
Is a second DUI a felony charge? A standard second DUI is a misdemeanor unless: The first was a felony or there are injuries in the new case. A fourth DUI within 10 years is a felony.
What will happen to me if I am convicted of a DUI? You have an absolute constitutional right to appeal the charges against you. They can't punish you for exercising your right to a trial. They can "reward" you for an early plea with a reduced sentence, reduced charge or other plea bargain terms. Have an attorney review the case with you, represent you with the DMV and in court to get the best possible outcome - whatever that may be in your circumstance. There can be motions to suppress the evidence, ways to fight the evidence and challenge the blood alcohol results. If this was a recent arrest, don't miss the 10 day window you have to set up a hearing with the DMV or they will automatically suspend your license.
How can I get my felony record for 11 years expunged? Unless you were sentenced to sate prison, you can seek a dismissal (commonly called an expungement) of the case. It's a fairly routine proceeding, so a local criminal defense attorney can assist you with getting it done right for a reasonable fee.
What can I do if I am too scared to go to court? You don't say what the warrant is for, how long it's been out or what kind of case it's on. It makes a huge difference if it's a warrant for a new case or a probation violation, a felony or a misdemeanor, etc. Talk to a local criminal defense attorney and discuss the details. They can guide you from there.
How do I plead to get this arrest off of my record? You're talking about getting an arrest off your record, then you're talking about pleading guilty. Be careful with this conflicting information. A subsequent dismissal won't "clean" your record or remove the case. No, you can't talk to the judge or the prosecutor about this - that's what your attorney is for. The odds of jail on a first offense are slim to none, but that is no guarantee.
Can I get my prostitution charge expunged? California doesn't have a true "expungement" statute that will wipe it off your record, but assuming you successfully completed probation, you can seek a dismissal under Penal Code section 1203.4. That will allow you to withdraw your guilty plea (or set aside the jury verdict) and dismiss the case. A local criminal defense attorney can assist with this.
Can I get my past felony convictions expunged? California doesn't have a true "expungement" law like some states where it gets wiped off your record. What we do have is a dismissal section under Penal Code section 1203.4. Yes, felonies can be dismissed under that section as long as you were not sentenced to state prison (and that includes a suspended sentence). If your felony was a "wobbler" and could be a misdemeanor or a felony, you can also seek a reduction in the charge, making it a misdemeanor, then dismissing it. The specifics of what you were convicted of and what your sentence will matter - most criminal defense attorneys offer free consultations to discuss the particulars. I'd suggest you start there.
Is there a difference between getting a record expunged rather than sealed in California? There is no sealing of adult records in California, so that's not an option. What people commonly call an expungement is technically a dismissal under Penal Code 1203.4 If you have a conviction and have successfully completed probation, you can seek to have it dismissed under Penal Code 1203.4 (commonly called an expungement), but it won't erase it from your record, just put a notation that it was subsequently dismissed. If granted, that dismissal allows you to tell most private employers that you have not been convicted of a crime.
What are the options and consequences on a 2nd DUI offense? With a second DUI, you're facing mandatory jail time (anything from 96 hours and up, depending on the facts of the case, your blood alcohol level, the recency of the prior and whether or not you were still on probation for the first). You're also potentially looking at a one year license suspension and fines and fees of approximately $2,000. You'll be required to do an 18 month alcohol program. Of course, all these are just potential, depending on whether or not you have defenses or other options available to you. The only way to know that is to discuss your situation face to face with a local criminal defense attorney that routinely practices in the court where your case will be heard. Don't miss the 10 day window to challenge the DMV's automatic suspension of your license.
What should I do if I hit and ran a car? Instead of meeting with them, you should be meeting with a criminal defense attorney. The last thing you need to do is to help them build a case against you by making a statement. Can they still prosecute you? Yes, if they have enough evidence. Why give them evidence, though? Talk to a lawyer. Face to face - not just questions over the internet.
What can I expect if police searched my car and found drugs? A lot will depend on what they found, how much and whether it is ruled a legal or illegal search by the judge. Your attorney (yes, you absolutely need one) will examine all the evidence and reports. From there, they can file any appropriate motions. In a traffic stop, they need to have probable cause to search the trunk unless they have an exception, such as searching it because it was towed or impounded. Search issues are always very fact-specific, so any change in the facts will change the analysis. This is why you need a lawyer who knows all the details, not just a limited version posted online. If the substance was a small amount for personal use and you are eligible, you may be able to attend a drug program and eventually have the charges dismissed. Again - something to discuss with your attorney. If you can afford to do so, hire a local criminal defense attorney that routinely practices in the court where your case will be heard. If you cannot afford an attorney, show up in court and request a public defender be appointed by the judge. Most importantly - do NOT speak to anyone about this except your attorney in a confidential setting.
What is going to happen if I already have prior charges for the same reason? A lot depends on what you're charged with in the new case and what specific code section you were convicted of in the past. From there, the facts and what (if any) injuries they say you inflicted will matter. Because of the priors, this one is going to be taken very seriously. Time for a good local criminal defense attorney. Look for somebody that routinely practices in the court where your case will be heard.
What will legally happen to me if I have three strikes? If you truly have three strikes (not every felony is a 'strike' - only serious and violent ones are), then any new felony could subject you to a 25-life sentence. If you're not confident in the attorney that handled your last case, it's time to look for a different one. My suggestions:
1) Look for a lawyer that does nothing but criminal cases, not somebody who does all sorts of law and happens to dabble in criminal law.
2) Look for one that has significant felony trial experience. Not every lawyer has handled felony cases.
3) Finally - find somebody who routinely practices in the court where your case will be heard. Local 'home court' advantage sometimes helps.
Can I reduce the charge for my DUI case? Everything is possible. At a 0.08%, you have a decent chance for a reduction to a wet reckless or even possibly a dry reckless. Depending on the facts of the case, you could beat it entirely. You'll never know until you consult with a local criminal defense attorney to discuss the particulars of the case. It is definitely not a do-it-yourself project though. If this was a recent arrest, you only have 10 days to challenge the DMV's automatic suspension of your license. If you don't fight the DMV as well, you'll lose your license, even potentially with a good outcome in the criminal case. Start with consulting a local criminal defense attorney ASAP.
Do I need an attorney if I have been arrested for theft? You're facing criminal charges. You absolutely need a lawyer, especially if you didn't do anything wrong. A theft conviction can have devastating impact on your record, employability in the future, etc. If these charges are completely unfounded, your attorney can also assist you in pursuing a petition for factual innocence where the arrest is purged from your record. The first focus is to clear up the case though. You've got to have a lawyer. Start meeting with local attorneys. Look for one that focuses on criminal defense and who routinely practices in the court where your case will be heard. In the mean time, don't say anything to anyone except your attorney about this. Any statement you make at this point can only hurt you.
Does my sister need an attorney for a first DUI charge? In any criminal case, including DUI, she should have an attorney. She's got two battles - first with the DMV. They will automatically suspend her license unless she requests a hearing to challenge the suspension. Doing that hearing will also get her attorney inside information about the case even before it goes to court so they can potentially set up for a motion to suppress the evidence if the stop or procedure was illegal. Her attorney can also appear in court on her behalf without her having to go. They can then either explore legal avenues to fight the charge and/or negotiate on her behalf. It's worth it to at least consult with a couple local criminal defense attorneys to discuss the situation. Most offer consultations at no cost.
What is a 4th degree felony? California has a few crimes (murder and arson) that have degrees, but not broad categories of degrees of felonies.
How should you plead in a criminal theft case? Anything other than a "not guilty" guarantees a conviction on her record that will never go away. Her goal should be to avoid a conviction if at all possible. The best way to do that is with the help of a local criminal defense attorney that routinely practices in the court where her case will be heard. Depending on the facts of the case and what her attorney can work out on her behalf (assuming they can prove a case against her in the first place) will determine what the results are. There may be things she and her attorney can do, even before her court date, to get her in the best possible position for a good outcome.
How can I get my felony expunged so that I can work again? Assuming you didn't get sentenced to state prison, you can petition for what's called an expungement (it's technically a dismissal under Penal Code section 1203.4) so that you don't have to disclose the conviction to most private employers. If you were sentenced to state prison, you are not eligible for this dismissal and the only remedy you have is a certificate of rehabilitation and a pardon from the Governor (which are rarely granted).
What can we do if we were caught with drugs? Well.... first of all - possession of less than an ounce of marijuana is now an infraction with the maximum possible punishment of a fine of $100. If you had over an ounce, it can be a misdemeanor. There may be a diversion or alternative available to you as a first offender. Most criminal defense attorneys offer free consultations - I'd strongly suggest sitting down with one (or two) to discuss the details further and see what options you have - both in court and to work out a fee schedule with them. If you arrange to hire an attorney (and one attorney may be able to represent you both if you agree to waive any conflict of interest), they can appear in court on your behalf.
What can happen if my daughter got tickets for driving with a suspended license? Driving on a suspended license is a misdemeanor and carries up to 6 months in the county jail and/or a thousand dollar fine... per count. Yes, she needs an attorney. Most importantly, she needs (if possible) to get her license back ASAP. That may greatly diminish the charge and punishment. Each driving on a suspended license conviction could carry two points on her driving record, making it likely she'd rack up too many points to get her license back. She needs to sit down with a criminal defense attorney that routinely practices in the court where her cases will be heard to sort this all out.
What happens if I was pulled over without a drivers license? You're headed to juvenile court because you're under 18. You'll need to bring a parent or legal guardian with you. You are potentially facing misdemeanor charges of driving without a valid license under Vehicle Code section 12500. That can also be an infraction. If filed as a misdemeanor, you have a right to an attorney - either one you and/or your family hire or a public defender appointed by the court to represent you.
How can my fiance get a prison prior dropped? It would help if you posted the city or county where the case is to narrow it down. If you can't locate an attorney on this site, there are other lawyer listing sites or a Google search.
What can my boyfriend do if he is wrongly accused of rape by another girl? You're asking a rather open-ended question and I'm not 100% sure what you're looking for. The police did their investigation and charges were filed against your boyfriend. The lack of physical findings and lack of DNA in this situation absolutely works in his favor, but without access to the entire case file - all witness statements, audio and video, photographs, medical records and police reports, guessing what may happen is just that - a guess. Your boyfriend's attorney is the one with access to all that information, but there are probably very good reasons why they're not discussing it with you. They have an obligation to their client, but not to anyone else unless your boyfriend consents to disclosing information - and even then, it may not be a good move for tactical reasons. He's looking at state prison and lifetime registration as a sex offender, so he needs to work closely with his attorney - either the public defender or one of his choosing.
Does a DUI count as a second one if I got my first one in another state? The good news is that a DUI can only be used as a prior for 10 years in California, so it shouldn't impact your current one. The prosecutor may not even know about it, but they can't legally use it as a prior, so I anticipate you'll face a first time DUI here in California.
What happens if I accidentally missed a court date for a DUI? By missing a court date, odds are a warrant either will or already did go out for your arrest. Assuming it wasn't that long ago, you may be able to get it recalled and fix things. Contact your attorney to discuss getting the case back on calendar to recall the warrant and get you back on track.
If I havent been read my miranda rights, can I still be arrested? It's a common misconception that just because you get arrested, you must have your rights read to you. Not so. Miranda rights only come into play if you're in custody (arrested) and are being questioned. Then, they must read you your rights or the statement is inadmissible.
Will I have to serve jail time on a second DUI conviction while on probation? There is mandatory jail time on a second DUI, but whether you get the mandatory minimum or something more depends on where you are. Some counties (Orange, for example) push for 30-90 days on a second, especially since you're on probation. Others are more likely to impose the minimum. In addition to the jail time, you're looking at fines and fees of around $2,000, a one year license suspension, 5 years probation and an 18 month alcohol program. If you go to trial and lose, a judge can impose whatever sentence they feel is appropriate, including time for the probation violation. Should you resolve the case by a plea deal, you will know what you're getting. If you lose at trial, you lose control of the sentencing and are (somewhat) at the court's mercy. Regarding bail - typical bail for a second is $10,000. You may be released OR with conditions of attending AA meetings... Or you could be taken in for the probation violation. You really, really need a local criminal defense attorney. Don't forget you only have 10 days from your arrest to request a hearing with the DMV or you'll automatically have your license suspended.
Can my criminal charges on drug possession be dropped? Although you have an absolute right to defend yourself, criminal defense is not typically a do-it-yourself project. You'll be going up against attorneys from the government that will fight you tooth and nail in your motion to suppress. Don't be short-sighted.
Will my case be dismissed if I turn myself into a different county? No. It just means they didn't transport you, but it won't affect the underlying case.
Can a minor be interviewed for a crime case without the parent present? Yes. There's no requirement the parents be present. Of course, there may be issues with the admissibility of any statement in court dealing with whether or not the statement was voluntarily obtained, coerced, etc.
Can I be charged for theft if the employer agreed to settle by me resigning? The employer cannot "press" or "drop" charges. That decision is solely up to the prosecutor's office. Can they file a police report? Yes, but with what the employer has done (essentially threaten criminal prosecution if the money wasn't paid), it's just this side of extortion and I don't think the DA's office would take the case. But that depends on just what is in the reports and what can be proven from either side.
How can I defend myself against a company accusing me of theft? If you're being accused of a criminal theft, you need a criminal defense attorney to represent you and clear your name. If this is a wrongful termination case, you'll need an employment (labor law) lawyer. In either situation, you'll need to discuss the situation in much greater detail face to face during a consultation with your attorney.
Can I get a minor in possession MIP infraction dismissed? The problem you face is that if you're convicted, you will lose your driver's license for a year, so it's not something you want to mess around with. A local criminal defense attorney that routinely practices in the county where your case is will probably be able to work something out and avoid a conviction in this case.
Can I be charged with a crime if I made personal charges on a company credit card? You could potentially face theft charges up to the dollar value of what you charged. If there is/was company policy that allows some personal use of a card with repayment, then you may not be guilty of anything. Yes, if they accept your money and it ends there, that's the best outcome. However, any statement you make about making the purchases could be used against you as an admission of criminal liability. It's probably worth it to sit down with a local criminal defense attorney to discuss this situation in greater detail.
Can my DUI case be dismissed if I only blew a .08? Can it be dismissed? Yes. Will it? That's another story. You have a very defensible case though. With no "bad driving" (because you drove appropriately up to the checkpoint), they may have a hard time proving driving under the influence. With the built in margin of error with the breath test, the 0.08% may not be reliable. There may also be issues with how the checkpoint was set up and conducted, giving you further legal defenses. This is definitely one for an attorney to handle though. The DA won't just drop things on their own. Don't miss the 10 day window from the date of your arrest to request a hearing with the DMV or they'll automatically suspend your license for four months.
Can a 21 year old face legal charges for impregnating a minor? Yes. The age of legal consent in California is 18. The 21 year old could face felony unlawful sexual intercourse charges commonly known as statutory rape.
Where can I find a good criminal lawyer? If you're looking for a free attorney, you go with the public defender. No private attorney will take your case for free.
What are the consequences for a drunk in public arrest? The consequences are not horrific, but you're left with a misdemeanor conviction on your record that you'll have to deal with. Better to avoid a conviction in the first place if at all possible. There may be factual defenses (as in they can't prove the elements of the charge against you), legal defenses or alternative dispositions that can be worked out by your attorney to avoid a conviction.
Can a DUI charge be dropped after nine years? The statute of limitations only has to do with how long the DA has to file charges. Assuming they filed within one year of the incident, they met the statute of limitations. Having said that, they must also make efforts to get you into court. If a warrant was issued years ago, but they made no attempts to serve it and you were easily findable (living in the same place, registering your cars, updating your address with the DMV, had traffic tickets without this warrant popping up, etc.), then your attorney should be looking into a motion to dismiss the case - a Serna motion. Your attorney will know all about this or at least they should.
Can I talk to someone who went to jail for sexual assault? If he was convicted of a crime against you, the odds are that there is restraining order against him. That order prevents him from having any contact with you directly. If you contact him, you are setting him up to have him be in violation of a court order, violating his probation, and being sent back to jail if not state prison. If you are over 18, you may be able to petition the court to lift the no contact order. I can almost guarantee they won't do that if you were still under 18. You may want to start with contacting his attorney that represented him to find out 1st if there was a restraining order issued and 2nd if they can assist by getting the case on calendar to modify the probation and lift the no contact order.
How can I get a false DUI charge off of my record? You can file a petition for factual innocence under Penal Code section 851.8. The burden is on you to prove that there was no reasonable basis for your arrest. If granted, it is an order to the police to seal and eventually destroy your arrest record as well as having it removed from your DOJ background. That is the only way to get something off. Your best bet is with the help of a local criminal defense attorney.
What can I do if I cannot appear in court for a DUI charge? Unfortunately, unless you or an attorney on your behalf appears in court, a warrant will be issued for your arrest. Your best bet is to try and do what you can to find a local criminal defense attorney that routinely practices in the court where your case is and see if they can work out a payment plan or other arrangements with you.
Will a DUI still be on my record after five years? A DUI can be used as a prior for 10 years now. Even an "expungement" (a dismissal under Penal Code section 1203.4) won't take it off your record - it just adds a notation that it was dismissed, but it can still be used as a prior, even after that dismissal. Yes, you can seek an "expungement" now that you're off probation. It will allow you to tell most private employers that you have not been convicted of a crime - but if your job requires a DMV printout, it will still remain there and a PC 1203.4 dismissal will not affect your DMV record.
How long can you go to jail for a DUI? Assuming this is a first time DUI, there was no collision, your license was valid, etc. (basically "just" a DUI), there is typically no jail on a first DUI. There are fines and fees totaling around $2,000 plus an alcohol program and other terms of probation. And of course, there's no punishment of any sort if you're not guilty, so that's where a good criminal defense attorney comes into play.

Disclaimer: The responses above do not form an attorney-client relationship, nor are they intended to be anything other than the educated opinions of the author. They should not be relied upon as legal advice.


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