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The Law Offices of Christopher J. McCann
Christopher J. McCann
1633 East 4th Street
Suite 248
Santa Ana, CA 92701
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The Law Offices of Christopher J. McCann
I proudly serve those facing criminal and DUI charges in Los Angeles and Orange Counties in Southern California. I have earned praise as a Rising Star Attorney in Southern California Superlawyers Magazine in 2006, 2007, 2009, and 2010. I earned my BA from the University of Michigan, my JD from Pepperdine University School of Law, and my Certificate in Dispute Resolution from the Strauss Institute of Dispute Resolution. I am a criminal defense attorney in Anaheim who has made several thousand court appearances in federal, state and juvenile courts throughout southern California. I believe in vigorously representing my clients rights through zealous advocacy in order to achieve an integrative solution that takes into account all of my clients needs. If you find yourself with a criminal manner and you live in the greater southern California area, contact us today for a consultation.Testimonials
Personalized Service Beyond My Expectation
I would definitely recommend Mr. McCann for any legal issues you may encounter. His level of personalized service was beyond my expectation, and I am happy to say that we won the case! Without Mr. McCann's help I am sure that I would have received at least three points against my license, which would have cost me allot more in the long run for increased insurance premiums etc. Chris made the extra effort to stay in contact with me on the phone throughout the entire proceeding, and had plenty of creative options for fighting the traffic tickets I received, although none of that was necessary because the officer didn't show up so the case was dismissed.
Dedicated to His Clients
Mr. McCann is an excellent lawyer. He is dedicated to his clients and his healthy distrust of the government guarantees that your rights will not be violated on his watch. Chris handles every one of his cases personally from start to finish and provides a level of service that no big firm could ever match. If you need someone to give your case the attention it deserves, he is the right man for the job.
I Recommend Him to Anyone
Mr. McCann got me and my brother through a very hard time. He didn't mess around with us and even tried to lower prices for us as much as possible. He kept me updated with court dates. He was dependable. I would recommend him to anyone.
Open, Honest, and Knowledgeable
After calling many, many lawyers and speaking to numerous answering machines and receptionists, I was pleasantly surprised when Chris McCann answered his own telephone. I instantly felt comfortable during our conversation - Chris was very open, honest, and knowledgeable. In addition, his services were affordable and he was very thorough and dedicated to producing the best results for me. He was with me every step of the way. Even in the months following my trial, if I had questions, he was available to advise via telephone or email. I really appreciated his support and would highly recommend his legal services.
Answers
What do I do if I was charged with marijuana and curfew but failed to appear to court?
If the probation court knows about the new arrested, then they could take you in. It would be wise to have an attorney to go in without you to recall the marijuana warrant. You can do this if you are an adult. It is not evident though, because you mention a "curfew" violation, which generally would apply only to minors. I'd be most concerned about the felony probation violation and those ramifications
How long it would take me to receive a court date for early termination?
Most courts require 10 days notice to the District Attorney for such a motion.
Under what circumstances can I be charged with a DUI?
They must be able to prove you actually drove the car AFTER drinking to have a case against you. By driving, I mean actual volitional movement of the vehicle, not just keys in the ignition and car started. As for the chemical test, the police must have 2 completed breath samples under California law. So there is nothing unusual about the test from the fact you did it twice. You need to contact a lawyer that focuses on DUI law right away. You have only 10 days from the date of your arrest to contact the DMV to request a hearing.
How soon can I legally drive if I have been charged with drunk driving?
After being arrested for DUI in California, you should be given a Temporary Driver's License (usually a pink sheet of paper) that is good for 30 days. You must call the DMV and request a hearing within 10 days after your arrest. If you do so, you will almost certainly (barring other unusual circumstances) be given a stay on the pending suspension and given a new temporary license that will be good for 90 days or until you receive an adverse decision following the DMV hearing. If you fail to call the DMV within 10 days, then your license will be suspended 30 days following your arrest.
How do I know if there was a violation of the Miranda Warning during a criminal charge?
This is a question I get a lot and most people don't know that in most situations, officers do not have to read you your Miranda rights. It is only required generally if you are subject to a custodial interrogation, which is dependent upon the circumstances of the interview, and if the officer intends to use that statement against you. A lot of the information most officers collect is not going to be "used against you," and as a result, Miranda warnings aren't necessary.
What are the best tactics used to lower DUI penalties?
The best tactic is to hire a local attorney who focuses on DUI defense. Every case is different and the number of ways to attack these cases are too numerous to list. You have to attack the evidence and also present your client in the best light. Do you research online and meet with many attorneys and you'll be able to see who is best for you and your case.
How can I expunged my felony and misdemeanor record?
You should consult with a lawyer about getting these cases expunged. There are certain procedures that should be followed, including reducing the felony (if possible) to a misdemeanor prior to expungement. In addition, only a lawyer can give you proper advice as to what you must still report to certain employers and on certain applications with regard to your prior convictions. Expungements do not mean that the cases are gone forever for all purposes. Contact an attorney for more specific advice.
What can I do about police harrassment?
Go to the department and speak to a supervisor. File a written complaint to document it.
Can I reduce the charge for my DUI case?
Absolutely! You have a good case with a blood alcohol level so low. At the very least, you should be able to get what's called a "wet reckless", but you may be able to do even better, such as a "dry reckless" or a "speed contest", or win the case! You need to contact a lawyer who focuses on DUI work immediately.
Can I use the fact that I was on a controlled substance as a criminal defense?
No. Voluntary intoxication is not a defense. Otherwise everyone would do it.
Can I be charged for theft if the employer agreed to settle by me resigning?
Yes, charges can still be pursued. It is the government that prosecutes, even if the victim doesn't want to any more, or even if they never wanted to in the first place. However, if the employer pulled a fast one on your fiance by making this promise, and the employer received a financial benefit by not having to fire him (such as not having to pay your fiance unemployment), then the employer has committed an act of extortion! This can be reported to the police, but be careful because the police will want him to talk about his unlawful gas card usage. Best to get a lawyer immediately!
Can you travel within the state with a pending misdemeanor charge?
Yes. Unless it is an usual case, such as where you posted bail and the judge SPECIFICALLY gave conditions not to travel, then there should be no bar to traveling within the state, out of state or even out of the country.
What can I do if I cannot afford to pay for the program after a DUI?
You are going to have to do the program because it is required as a term of probation and by DMV if you ever want your license back. Try going into the court and getting a fee waiver evaluation. You might be able to get the costs reduced or waived.
What happens if I have not paid my court fines?
You could be arrested and charged with a probation violation and need bail to get out. I would hire an attorney who knows that court and the judge's tendencies who knows what to say on your behalf. In fact, the attorney can go in without you and hopefully get an extension without you risking getting thrown in jail.
How is the DMV hearing different from the trial?
The DMV hearing covers some of the same issues, such as whether your were lawfully arrested and whether your blood alcohol level was over .08% or more at the time of driving. They have vastly different procedures, however, which are too numerous to detail here. You can but don't have to attend either one if you hire an attorney. I highly recommended hiring an attorney who focuses on DUI work who can explain this in more detail and handle such a matter, such as this office.
Can a DUI charge be dropped after nine years?
There isn't a statute of limitations issue if they filed the charges within a year of the arrest (assuming it is misdemeanor DUI). You may have what is called a "due process" issue with the fact they did nothing to attempt to prosecute you in 8 years. However, judges will look at whether you absconded and hid out in another state, versus someone who was in the same county and had a drivers license at the same address and they did nothing to find you, which is good for you. If this is found to violate your due process rights to a fair trial, then you can get the case dismissed. I wouldn't expect the DA to simply dismiss it though, unless they've lost witnesses and evidence in the meantime.
Can I talk to someone who went to jail for sexual assault?
If there is a restraining order in place, it will likely last until he is off probation. The best thing to do is to find out who his attorney is by looking in the court records online or in the court file which you have the right to look at. Get the attorney's number from the file or on www.calbar.ca.gov, and call the attorney and ask him or her. They'll know. If there is one, that attorney is the only person through whom he can have legal contact with you.
How long can you go to jail for a DUI?
For a first-time misdemeanor DUI in California, the maximum sentence is 6 months. If you have one or more prior convictions within 10 years, the maximum is 1 year in jail. Most first-time offenders with no accident and nobody hurt do not serve any jail time; however, it depends on the county you are in. Some are more harsh than others.
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.