Douglas Holbrook’s Answers

Douglas Holbrook

San Diego Criminal Defense Attorney.

Contributor Level 17
  1. I was assaulted by a loss prevention employee at a retail department store giant, my knee was injured due to the employee

    Answered almost 2 years ago.

    1. Douglas Holbrook
    2. Steven Mark Sweat
    3. Christine C McCall
    4. William Carlos Makler
    5. Malosack Berjis
    6. ···
    9 lawyer answers

    You may have a civil cause of action against the store, as well as the loss prevention employee, for their excessive use of force. However, you would want to address this issue with a personal injury attorney see if they feel it something that you could pursue.

    15 lawyers agreed with this answer

  2. MY B.F TOOK MY CAR. I CALLED THE COPS. HE'S CHARGED W GRAND THEFT AUTO. CAN I DROP THE CHARGES?

    Answered almost 2 years ago.

    1. Jeffrey George Moore
    2. Douglas Holbrook
    3. Michael Douglas Shafer
    4. William Monroe Cheney
    5. Brian K Wanerman
    6. ···
    7 lawyer answers

    Unfortunately, once you brought the police into the matter and gave them a statement, it is out of your hands. Not infrequently, a complaining witness, such as yourself, will attempt to drop charges after the matter has been filed. Whatever he has been charged with is now between him and the District Attorney. From this point on, you are only a witness, without any authority to discontinue the proceedings.

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I got pulled over not using a turn signal and my hands were shaking from parkinsons desease - he wanted to search my car and he

    Answered almost 2 years ago.

    1. Douglas Holbrook
    2. Cassandra Ann Rodriguez
    3. Charles B. Upton II
    4. Zachary Michael Ward
    5. Colleen M. Glenn
    6. ···
    6 lawyer answers

    If you consented to the requested search, then you would have waived your rights under the 4th amendment. If you did not consent, any possible violation would depend upon how visible and obvious the glove contents were. I suggest you speak with local counsel regarding a motion to suppress.

    15 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I have been arrested for embezzlement from my previous employer estimate amount $19,000 I did admit to it waiting for court date

    Answered almost 2 years ago.

    1. Douglas Holbrook
    2. Harry Edward Hudson Jr
    3. Angela M Berry-Jacoby
    4. Frank Mascagni III
    4 lawyer answers

    At your first court appearance, counsel will be appointed for you. The avoidance of jail time is always dicey, but is certainly a possibility. However, be prepared to deal with the issue of restitution.

    Selected as best answer

  5. Can I fight this DUI or at the least have it dropped to a wet and reckless?

    Answered almost 2 years ago.

    1. William Mark Weinberg
    2. Jacqueline Belen Goodman
    3. Douglas Holbrook
    4. Ross Benjamin Green
    5. Chris J Feasel
    6. ···
    7 lawyer answers

    Your situation does raise possible issues. I would agree that there may be the basis of an entrapment or necessity defense here. You could also argue that you were acting under the color of authority of the officer. However, each of these defenses would be somewhat iffy and not particularly easy to present.

    13 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. My friend was given a breathalizer test and got a 0.08 will her licance be suspended

    Answered almost 2 years ago.

    1. David Aaron Wiesen
    2. Douglas Holbrook
    3. Tai Christopher Bogan
    4. Chris J Feasel
    5. Kevin Samuel Sullivan
    6. ···
    6 lawyer answers

    Your friend's situation is pretty normal. Yes, she will undoubtedly be charged with a DUI and be the subject of to a separate suspension action from the DMV. Having said that, she should realize that just because she is charged, does not mean the matters are not defensible. However, she should make sure that she does not make the not uncommon mistake of going beyond the 10 day period to contact and request a DMV hearing.

    13 lawyers agreed with this answer

  7. Can I get my DUI bumped down to a reckless driving since I have a clean criminal driving record? I blew a .09.

    Answered almost 2 years ago.

    1. Douglas Holbrook
    2. Salman Borhani
    3. Joseph Briscoe Dane
    4. Aaron Reuben Bortel
    5. Michael Korry Bialys
    6. ···
    7 lawyer answers

    Depending upon the circumstances, a .08 or .09 may sometimes result in a wet reckless being negotiated. However, absent some very unusual circumstances, a dismissal or non-alcohol reckless is quite unlikely.

    13 lawyers agreed with this answer

  8. What to do about my brother being on ICE hold?

    Answered almost 2 years ago.

    1. Douglas Holbrook
    2. Brian K Wanerman
    3. Kevin Lawrence Dixler
    4. F. J. Capriotti III
    4 lawyer answers

    Are you sure that he meets the DACA qualifications? Does he have a criminal record? If not, is he under 31 years of age? Did he arrive before the age of 16? Has he lived in the United States for at least five years continuously? Is he a high school graduate, college student or military veteran? So far, only about 4,500 applications have been approved, as opposed to about 2,000 which were rejected or else were sent back as incomplete.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Do I need to pay a "Civil Demand" from Wal-Mart's lawyer?

    Answered over 1 year ago.

    1. Robert C. Keller
    2. Michael Lawrence Doyle
    3. Douglas Holbrook
    4. William A. Jones Jr.
    5. Eric Michael Gibson
    6. ···
    6 lawyer answers

    I think you will find a general agreement among most criminal defense attorneys to ignore these civil demand letters. I will also concur that I have never seen a suit filed to recover damages.

    14 lawyers agreed with this answer

  10. How to expunge dui charges

    Answered almost 2 years ago.

    1. Douglas Holbrook
    2. Brian K Wanerman
    3. Maltaise E Cini
    4. Christine C McCall
    5. Kevin Samuel Sullivan
    6. ···
    6 lawyer answers

    Depending how far along you are in your period of probation, you can petition the court for an early termination of your probation, followed an expungement of the charges from your criminal record. Do realize, however, that this will only affect a criminal records check. DMV will still have it in their records.

    12 lawyers agreed with this answer