Drug Arrests Are Not All Equal

November 11th, 2011 Posted in Criminal Defense, Real Life, Tactics
Nov, 11 2011
2 Comments »

California is known for a liberal policy on drugs and drug possession, but that is not always the case. Many drug possession cases are charged as felonies. And when it comes to selling, growing, manufacturing or transporting drugs, the penalties are massive.

Fortunately, under Health & Safety Code 11350, drug diversion is an option for many cases that involve only drug possession.

In cases involving the alleged sale of drugs, much of the case will hinge on the question of whether the prosecution can show “intent to sell,” which is difficult to prove, absent a sting operation. When a suspect is arrested, California police look for evidence of intent to sell. Such evidence might include:

  • Relatively large quantity of drug(s)
  • Large amounts of cash
  • Weapons
  • Plastic baggies or other separate containers
  • Multiple cellular phones
  • Text messages
  • Scales
  • Precursor materials
  • Lab equipment
  • Fertilizer, pots, soil

This evidence can be aggressively challenged. After a thorough investigation, we often find that California police:

  • make mistakes, exaggerate or lie in their police reports
  • make arrests despite lacking solid evidence
  • violate suspects Constitution right to be protected from illegal searches and seizures
  • obtain warrants based on faulty or trumped up evidence
  • violate California law against entrapment
  • make use of “informants” of dubious reliability
The key in drug cases is to chop away at the evidence and assumptions one by one. There is much that can be done to get your case dismissed. For example, often it turns out that the police illegally searched you. When that’s the case, your attorney can make a suppression motion and ask the court to show out the illegally obtained evidence. If the judge agrees, your case will likely be thrown out thanks to the motion to suppress.
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Top Complaint Lawyers Receive: Attorney-Client Communication

November 11th, 2011 Posted in Criminal Defense, Real Life, Tactics
Nov, 11 2011
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What bothers clients more than anything? Not keeping them in the loop. From a client’s point of view, no amount of expertise or legal talent outweighs their need to be informed. A major part of providing strong assistance of counsel is providing clear communication. In fact, frequent and clear attorney-client communication is crucial to running a successful law practice.

Lack of attorney-client communication is the most common complaint made against lawyers. There is no good reason to let this happen. There are more options than ever before allowing attorneys to keep in touch with their clients. Phone. E-mail. Text messaging. Fax. Snail mail and much more.

Yes, clients want to win their cases, that’s a given. But while they may understand that not every case can be won, they won’t accept that their matter doesn’t deserve your attention. If you fail to maintain the proper amount of attorney-client communication, clients may assume that you aren’t actually doing anything at all.

So what are some good ways to keep clients in the loop?

  • Write case memos and send them to clients as their case progresses
  • Notify clients when adding a court date to your calendar, so they can add it to theirs
  • Promptly return phone calls, e-mails and other electronic communication
  • Scan or copy case files, and share them with the client
  • Consider setting up a digital file system that allows clients to access their file and review it

Taking a few simple steps to keep your client engaged can make a massive difference in your practice. Not only will you have happier clients, but they will be more likely to bring facts to your attention that will help you win the case.

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Why Assistance of Counsel is So Important

November 9th, 2011 Posted in Criminal Defense, Real Life, Tactics
Nov, 09 2011
3 Comments »

According to the Sixth Amendment to the US Constitution:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.” (Sixth Amendment ratified December 15, 1791.)

The founding fathers believed that it was so important for everyone accused of a crime to have assistance of counsel, that they actually included it in the Sixth Amendment. The reason for that is that we have an adversarial system. The adversarial system is a legal system where represent parties represented by separate advocates who argue their positions before an impartial jury or judge, who are asked to determine the truth of the case based on the facts, law and reason. The adversarial system depends upon both sides having a competent attorney arguing on their behalf.

This means that the prosecution on the other side will be fighting as hard as they can to make sure that you receive the maximum penalty for any crime that you are accused of committing. However, with a strong advocate on your side, you will have someone to challenge the prosecution and make sure that justice is served in your case. By challenging the prosecutions position, you may be able to get your case dismissed, work out a favorable plea bargain, or be acquitted at trial.

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What is a Motion to Suppress?

November 8th, 2011 Posted in Criminal Defense, DUI, Real Life, Tactics, Traffic
Nov, 08 2011
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A police officer cannot arrest you, search you or your property, or seize your property unless he has probable cause to do so. Probable cause is generally defined as “facts or evidence that would make a reasonable person believe that a crime or wrongdoing has been, is being, or will be committed.”

A suppression motion is a legal tactic used in criminal defense cases that generally will question whether the arresting officer had probable cause to make a traffic stop or an arrest and seize evidence against you. The suppression hearing is an opportunity for both sides to argue their positions on the motion to suppress to the judge. The judge will consider both the argument of the distract attorney, as well as the defense attorney, and ultimately make a decision as to whether the evidence in the case should be excluded.

If after analyzing the police report and other evidence obtained by our private investigator in preparation for your case, we determine that the police illegally obtained evidence against you, we will file a motion to suppress the evidence, known in California as a 1538.5 motion. The court will then schedule a suppression hearing for your case.

At the suppression hearing, we will contend that the judge must dismiss the evidence against you as a penalty for the police violating your constitutional rights. For a motion to suppress to be granted by the judge, we must prove that the search and/or seizure was illegal by a preponderance of the evidence. If the suppression motion is successful, the prosecution will be left with no evidence against you, and your case will almost certainly be dismissed.

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California Red Light Camera Tickets: The Facts

October 5th, 2011 Posted in Criminal Defense, Real Life, Traffic
Oct, 05 2011
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No one likes getting a traffic ticket. Not surprisingly, California red light camera tickets remain extremely unpopular. And for good reason.

A motorist that runs a red light can present a real danger to other drivers and pedestrians. However, red light cameras do little to prevent such dangers. In fact, red light camera tickets actually increase accidents at intersections where they are deployed. That’s not all, according to an interview posted at Reason.com:

  • Rolling right turns account for 75 percent of the tickets and the citations issued by red light camera.
  • Accidents rarely occur from rolling right turns at red lights.
  • Most of the remaining tickets are issued to drivers that enter the intersection a split second after the end of a yellow light. Such technical violations rarely result in accidents or present a real danger.
  • The real danger comes from blatant red light runners who blow through an intersection long after the light has already turned green from the cross traffic. Such drivers are unlikely to be deterred by the presence of a red light camera.
So if you get a red light camera ticket, should you fight it? Almost certainly, yes. Here’s why:
  1. Tickets are expensive. A red light ticket costs nearly $500.
  2. Tickets put points on your record, which can result in a suspended license and an increase in your insurance premiums.
  3. Tickets are beatable. A red light camera ticket has major constitutional and evidentiary issues for the prosecution. Namely, the evidence is hearsay and often cannot be properly authenticated. That means that a skilled traffic attorney may be able to get your ticket dismissed.
It’s always wise to drive in a safe and courteous manner. That said, it isn’t fair for otherwise law abiding motorists to face such serious consequences for a technical violation that doesn’t put anyone in danger. If you receive a red light camera ticket, I encourage you to fight your ticket.
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Samantha Ronson Needs a California DUI Defense Attorney

August 11th, 2011 Posted in Criminal Defense, DUI, Real Life, Traffic
Aug, 11 2011
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I’ve said before that I don’t spend a lot of time on this site discussing celebrity gossip, but apparently that is not the case, as I’m about to talk about celebrities again. The fact is, celebrities like Lindsay Lohan and Paris Hilton make for great criminal law stories, and people love to read about them.

Case in point, Samantha Ronson, the DJ who dated actress Lindsay Lohan from 2008 to 2009, who was arrested at 10:30 am on August 2nd for DUI. According to police, her blood alcohol level was found to be above .08. Ronson was pulled over doing 90 mph in a 70 and hauled off to San Bernardino County Jail after failing field sobriety tests. Ronson was cooperative enough to make it out of jail by 6 pm, but now she faces a fine of $1,000 and up to 6 months in jail. No doubt she will be lawyering up with a California criminal defense lawyer for her September 23rd hearing!

So how do you know when you need a California DUI lawyer?

  • You are arrested for DUI
  • You were in a car accident caused as a result of your drinking
  • You are in an accident where someone was injured or killed

You should know that you are facing especially serious consequences if :

  • Your BAC was over double the state limit
  • You are facing other charges in addition to the DUI
  • You have one or more other DUIs on your record.

A California criminal defense attorney can help you understand the charges you are facing and aggressively counter them in order to minimize the damage and keep you out of jail.

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Do I Have to do the Field Sobriety Tests When I’m Pulled Over for DUI?

August 1st, 2011 Posted in Criminal Defense, DUI, Real Life, Tactics, Traffic
Aug, 01 2011
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Nope.

Many people don’t know this, but the field sobriety tests are entirely optional. Also, field sobriety tests are designed for you to fail, and the science behind them is dubious. Is anyone really good at standing on one leg on the side of the highway and reciting the alphabet backwards? Of course not.

However, if you do choose to take the tests, everything that you say and do is later going to be used against you. Even if we assume that you complete the tests flawlessly, the officer will likely disagree. One day soon, he or she will be in court testifying about how you were swaying, slurring your speech, and generally acting like you were bombed out of your mind. Not good.

So what should you say or do? Here’s my suggestion: “Officer, I know that you are doing your job, but I respectfully decline any field sobriety tests, including the preliminary breathalyzer. I’d like to assert my right to remain silent.” Then, remain silent. If the officer believes he has probable cause to arrest you for DUI without the field sobriety tests, he will then arrest you and take you to the station.

At the station, in the vast majority of cases, it makes sense to take the blood or breath test at the police station or medical center. There are some exceptions, but that’s a topic worthy of another post.

While you probably should take the test at the police station or medical center, that doesn’t mean that you should start talking. Be cooperative and follow their directions, but don’t start talking. They’re still in the process of collecting evidence against you, and anything you say is going to come back to haunt you.

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How Do I Fight a California Drug Possession Arrest?

April 18th, 2011 Posted in Criminal Defense, Real Life, Tactics
Apr, 18 2011
1 Comment »

When a person is arrested on drug possession charges in California, more than anything, they want to know what their options are. Fortunately, in most cases, there are a substantial number of ways to fight the charges and minimize the damage, including contesting the evidence at a suppression hearing and requesting alternative punishments, such as drug treatment programs.

Even when a client is supposedly caught “red handed,” drug possession cases can be fought and won. That’s because the police and their investigators often make critical mistakes. For example, the police may have violated your Fourth Amendment rights against illegal search and seizure. Or they may have lied in order to get a warrant. Perhaps they relied on a questionable confidential informant. Another common mistake is when police arrest people for possession of drugs despite the fact that no evidence exists that the drugs belong to them.

Regardless of your situation, the important thing to remember is to relax and step back for a moment. You’re in a bind that could have life-long repercussions. The best thing you can do is to hire skilled legal counsel to aggressively contest the allegations of the police and district attorney’s office. If the police made any mistakes, we can identify them and use them to put pressure on the prosecution to drop the case or reduce the charges. We also frequently make use of the motion to suppress evidence–when successful, this frequently results in the entire case being dismissed at the suppression hearing.

If you have been arrested on drug possession charges, the police and prosecution are already building their case against you and they have substantial resources. However, with an aggressive attorney on your side, you can turn the situation around and come out clean.

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What Are the Penalties for a Second DUI?

March 27th, 2011 Posted in Criminal Defense, DUI, Real Life, Traffic
Mar, 27 2011
3 Comments »

If you get cited for a second DUI within 10 years of your first DUI, you are in a very serious situation. We all make mistakes, but the legislature has decided that second DUI offenders deserve harsh penalties if convicted of DUI. A first DUI is serious enough, but a second carries far greater potential penalties. In San Francisco, the potential penalties for a second DUI are listed below, assuming there are no aggravating factors.Second DUI arrest

  • 10 days to a year in jail
  • 3 – 5 years of probation
  • A fine of $1,650 to $2,800
  • A 1 year to 18 month driver’s license suspension.
  • 18 -30 months of an alcohol/anti-drunk driving course
  • *If there are aggravating factors, the possible penalties for a second DUI are increased.

If you are arrested for a second DUI, it is absolutely imperative that you contact an attorney immediately. You’re facing a potentially life changing event, and you need the best representation you can afford. The penalties for a second DUI conviction are substantial, but the district attorney has to prove their case first. Even with a second DUI arrest, you still have protected constitutional rights, including the presumption of innocence. We also have the ability to negotiate with the district attorney for a plea deal for a reduced sentence.

When you hire an experienced attorney for your second DUI, you take the first step towards taking control of the situation and minimizing the damage. If you are arrested for Driving Under the Influence, you only have 10 days to request a hearing at the California DMV. Otherwise, the California DMV will automatically suspend your driver’s license. If you have questions or are ready to hire an experienced DUI attorney, contact Beahm Law at 415.493.8677.

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Watch Out For St. Patrick’s Day California DUIs

March 17th, 2011 Posted in Criminal Defense, DUI, Real Life
Mar, 17 2011
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Even if the beer that you drink is green, you can still get drunk. So don’t count on magical Lepricons to drive you home. St. Patrick’s day is a great holiday and it’s quite a bonus that March Madness starts at the same time. That said, it’s also an occasion where people tend to overindulge and run into legal troubles. California DUI

A California DUI can bring serious punishments if you are convicted.  Even first time offenders face fines up to a thousand dollars, up to six months in prison as well as a four month suspension of driving privileges.

In 2009, 103 people died in car crashes in the U.S. on St. Patrick’s Day. About half of those crashes involved drivers with a blood alcohol content above the legal limit, according to the National Traffic Highway Safety Administration.

The best advice is to avoid driving if you’ve been drinking, as the breathalyser can be widely inaccurate. Leave your keys at home, or call a taxi, a sober friend or family member, or use public transportation. Of course, a lot of people are going to ignore that advice, so if you get pulled over and want to avoid a California DUI, here are a few more tips:

  • Don’t admit to anything or offer any statements or explanations.
  • Don’t do any field sobriety tests. They are only going to be used against you. Say, “I know you’re only doing your job officer, but those tests are unscientific and I decline to participate.”
  • Tell the officer that you want to speak with an attorney and that you do not want to answer any questions. Again, be polite.
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