How a California Traffic Attorney Can Keep Points Off Your Record

July 21st, 2011 Posted in Criminal Defense, Tactics, Traffic
Jul, 21 2011
2 Comments »

I’m often asked: “I got a traffic ticket. How can you help me?”

I use a number of tactics to help clients keep points off of their driving record.

  • First, I examine the facts and the ticket and seek to have it dismissed.
  • Next, I meet with the prosecutor and police officer and seek to work out a deal with no points.
  • Next, if necessary, I take the case to trial and challenge the prosecution to prove its case.
  • Finally, I can often get the client into “second chance traffic school” if none of those options work.
By employing this multifaceted approach, I’ve had tremendous success achieving the goals of my clients and keeping their driving records clean. Far too many people simply give up and pay the fine. I say, why give up when you can fight your California traffic ticket, and win?
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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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Lindsay Lohan Will Be Charged With Felony Grand Theft

February 8th, 2011 Posted in Criminal Defense, Tactics
Feb, 08 2011
3 Comments »

I don’t spend a lot of time on this site discussing celebrity gossip, but the Lindsay Lohan felony grand theft case serves as an excellent excuse to discuss theft charges in California.

Felony grand theft is charged under California Penal Code 487 and is defined as “the unlawful taking of another’s property valued above $950.” If you are convicted of grand theft as a felony, the possible sentences are state prison for 16 months, two years or three years. That’s right, Ms. Lohan is facing a state prison sentence this time around.

The alleged incident occurred when Lohan left a Venice, California jewelry store by the name of Kamofie & Company with a $2,500 necklace around her neck. Lohan contends that she was told by the owner of the jewerly store that she could wear the necklace on loan. Jewerly stores sometimes allow celebrities to borrow and wear their jewerly in exchange for free publicity.  Lohan also notes that the owner of the store did not contact the police until the day after the alleged incident. The store owner has countered that she tried to contact Lohan immediately after the incident but couldn’t reach her or her people.

In order to convict Lohan, the district attorney will have to prove that she had the specific intent to permanently deprive the rightful owner of the item as she walked out the door. That may be difficult to prove.

However, like most cases, the Lindsay Lohan felony grand theft case is ripe for a plea bargain. It was one thing when the ultimate threat was 84 minutes in jail, as Lohan served in her 2007 misdemeanor cocaine use and driving under the influence case. This time Lohan is up against serious jail time. While her prior record doesn’t help her cause, it also makes it even more likely that her attorney will do everything she can to keep the felony grand theft case from going to trial.

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Why You Should Fight California Red Light Tickets

January 11th, 2011 Posted in Criminal Defense, Real Life, Tactics, Traffic
Jan, 11 2011
2 Comments »

Cvc21453 red light traffic ticket San francisco bay area

Cities throughout California including San Francisco, Los Angeles, Orange County and Sacramento have been using Automated Enforcement Systems or Red Light Cameras at intersections for years. The red light tickets are a huge source of revenue and their benefit to society is suspect at best. If there is one good piece of new it is this: Red Light Tickets create major procedural problems for the prosecution and such tickets can be beat.

In 2009, an Appellate Court in Orange County issued a ruling on automated red light tickets that left their enforceability statewide in doubt. If you receive a red light traffic ticket, don’t just give up. For less than the cost of your fine, you can hire an attorney to handle the case for you.

Instead, when most people get a red light ticket, first they get angry, and then they give up. That’s a big mistake. A conviction in California for a violation of CVC 21453 for running a red light includes:

  • A fine of over $400
  • One point against your license
  • A record of the ticket on your DMV report
  • An increase in your insurance premiums

However, an attorney can often get a red light ticket dismissed, or beat it at trial. That means no points on your license, no record of the citation, no traffic school, and no increase in insurance premiums. On top of that, your attorney can make a court appearance for you. That means you don’t have to miss work and wait in line for traffic court all day.

When you hire an attorney to handle a ticket, you are paying for the peace of mind of knowing that you are getting the best deal possible. A prosecutor will often give a deal to an attorney that he would not give to a person that is representing themselves. Like most areas of the law, you absolutely have the right to handle the matter yourself. However, in most cases, you are wise to seek the assistance of someone who has handled such cases many times before.

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What Information Am I Required to Provide Police When Arrested?

November 2nd, 2010 Posted in Criminal Defense, Real Life, Tactics
Nov, 02 2010
2 Comments »

As attorneys, we do our best to provide clear, sound and non-contradictory advice to clients. One of the most commonly repeated (and constantly ignored) pieces of advice is: “Don’t talk to the police. Take advantage of your constitutional right to remain silent.”

 

However, in the real world, things can get awfully confusing out there. Let’s say your out and about on a Saturday night, misbehaving in some shape or form. The next thing you know, you’re face to face with the police, put in handcuffs and suddenly asked a bunch of questions. Can you literally just sit there with your mouth shut, and simply assert your right to remain silent while they shout at you and ask you questions?

For the most part, yes. And in fact the police must stop asking you questions once you assert your right to counsel and right to remain silent. But there are a few pieces of information you are required to provide the police, upon request, during an arrest. Withholding this information has virtually no effect, besides making the police angry, so upon request, go ahead and provide them with:

  • Your name
  • Your birth date
  • Your address
  • Your social security number

That’s it. Beyond that, simply say, “I assert my right to remain silent and my right to an attorney. Please do not ask me any more questions.” When you get your phone call, call us at 415.493.8677 and we’ll take it from there.

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What is Arraignment?

October 18th, 2010 Posted in Criminal Defense, Real Life, Tactics
Oct, 18 2010
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Arraignment is when you make your first court appearance in a criminal matter. You and your attorney, if you have retained one, will have an opportunity to hear the charges, receive the police reports, and receive additional evidence in the possession of the District Attorney. You will receive a formal complaint from the prosecution.

In practice, Beahm Law is able to appear in lieu of the client in most cases. That’s a big plus for clients with busy work schedules. Afterwords, we follow up with an email with a digital version of the complaint and an explanation of the charges. It’s a nice touch that clients appreciate.

 

The formal complaint lists the charges the prosecution has brought against you. You will have an opportunity to plead guilty or not guilty. The court will also make a determination regarding whether to set bail. Most of the time, if you are accused of a misdemeanor or an infraction, you will simply be released on your own recognizance or with a nominal bail amont. If you are accused of a felony, you are probably looking at a significant bail and may require a bail bondsman in order to make bail.

If you are unrepresented at the arraignment, listen carefully when the prosecution reads and presents the charges to you. They could be bringing different or additional charges from what you were originally arrested for. No matter what they say, now is not the time to argue. Address the judge as “Your Honor,” and do not offer any commentary, argument or gestures. (It’s completely understandable that you are stressed out and having a very bad day, but just remember that with one sarcastic comment, the judge can send you to jail for contempt.)

Look the judge in the eye and use common sense when it comes to attire and decorum. If you have any control over the matter, (i.e. you aren’t still wearing what you were arrested in) wear something nice; error on the side of being formal, though a tuxedo would be overdoing it. No loud jewelry, no gum, no heavy makeup, basically try not to look like a screwup, because it certainly won’t help anything.

If you are unrepresented at this point and cannot afford an attorney, it is usually best to plead not guilty, request a jury trial and ask that the court appoint an attorney to you.  You always have the option of changing your plea later if you plead not guilty now.

Most arraignments are pretty uneventful, and I would generally say that you have succeeded if your arraignment is as uneventful as possible. Get in, hear the charges, plead not guilty, get out. Arraignment is mostly a legal formality–the real action comes later.

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