David Philip Shapiro’s Answers

David Philip Shapiro

San Diego Criminal Defense Attorney.

Contributor Level 18
  1. If i want to pull my plea and seek private counsel how do i go about doing that?

    Answered over 1 year ago.

    1. Majid Seyfi
    2. David Philip Shapiro
    3. Andrew Michael Limberg
    4. Joshua Sachs
    5. David Matthew Piper
    5 lawyer answers

    Yes but these things have strict time limits. Contact a locally experienced criminal defense attorney ASAP to evaluate your case and hopefully not just tell you what you want to hear in order to gain your business.

    12 lawyers agreed with this answer

  2. Hi, about a week ago my friend took $25 sunglasses from Kohls. He was confronted about it in the parking lot when he was already

    Answered over 1 year ago.

    1. David Philip Shapiro
    2. Gayle Anne-Marie Gutekunst
    3. Francis John Cowhig
    4. Seth Andrew Weinstein
    5. Michael Douglas Shafer
    5 lawyer answers

    Have a few locally experienced criminal defense attorneys in mind in the event you are contacted by the store and/or law enforcement and DO NOT make ANY statements at all.

    12 lawyers agreed with this answer

  3. I recently gotten charged for my second DUI new years eve. I had accidently side swipped a cop car this will be my second DUI.

    Answered over 1 year ago.

    1. Elliot Rahmim Zarabi
    2. David Philip Shapiro
    3. Eric Paul Ganci
    4. William Peter Daley
    5. Matthew Murillo
    6. ···
    8 lawyer answers

    Assuming the arrest was lawful and the test was accurate, you may have an uphill battle to "beat" the case. But with a quality locally experienced criminal defense attorney at your side you give yourself the best chance to get the best outcome possible given the facts of your case....even if all that can be done is obtaining the minimum sentence under the law which is 96 hours jail (assuming the prior was within 10 years, possibly with alternatives to actual jail), a fine of around $2,500, an...

    12 lawyers agreed with this answer

  4. I need legal advice on suing an uninsured drunk driver that crashed in to my parked car causing over $8k in damages.

    Answered over 1 year ago.

    1. Christian K. Lassen II
    2. Christine C McCall
    3. Michael Shemtoub
    4. David Philip Shapiro
    5. William Peter Daley
    6. ···
    7 lawyer answers

    Not necessarily a "DUI/Criminal Defense" question. Contact a locally experienced civil attorney ASAP as there are usually filing deadlines for such claims.

    12 lawyers agreed with this answer

  5. If I can't afford a Criminal Defense Attorney to defend me from PC 417.4 charges, what options do I have?

    Answered 8 months ago.

    1. Jeffery Kirk Rubenstein
    2. Vijay Dinakar
    3. Sean Fitzpatric Leslie
    4. Isileli Tupou Manaia Mataele
    5. Joseph Arthur Tang
    6. ···
    13 lawyer answers

    Go to court and, assuming the court agrees you do not have the ability to retain an attorney, an attorney from the Office of the Public Defender will be appointed to represent you. Since the charge is a misdemeanor, an offer likely will be made by the prosecutor to settle the case at the first court date. If you accept the offer then you will be sentenced soon after pleading guilty and will likely be placed on summary probation to the court for 3 years, be ordered to pay a fine, et al. If...

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Am I better off with a public defender then an extremely low cost lawyer for a DUI?

    Answered 8 months ago.

    1. David Patrick Vaughn
    2. David Matthew Piper
    3. William Peter Daley
    4. Joshua Kaizuka
    5. Yaniv Kenan
    6. ···
    12 lawyer answers

    Assuming you are eligible for an appointed attorney, go that route for your arraignment (first court appearance) and see how you feel. The main concern you should be having between now and the first court date is what to do about DMV. You need to request your administrative hearing within 10 calendar days from your arrest to preserve your privilege to drive. Might make the most sense to hire a quality criminal defense attorney to handle the DMV hearing at least.

    11 lawyers agreed with this answer

  7. How to get a restricted license when the california DMV suspends license for 1 year hard. i know there has to be a program.

    Answered 9 months ago.

    1. Michael Kevin Cernyar
    2. David Matthew Piper
    3. Andrew Stephen Roberts
    4. Ted Harvatin
    5. Michael Stewart Phillips
    6. ···
    7 lawyer answers

    Beat the refusal allegation. If this was just a first time DUI sans refusal allegation, the suspension from DMV for losing the administrative hearing would be 4 months with a 30 day hard suspension.

    11 lawyers agreed with this answer

  8. I have a DUI case but my name isn't on the police report can I try to fight it?

    Answered 10 months ago.

    1. Paul Henry Neuharth Jr
    2. Mark A. Broughton
    3. Jasen Bodie Nielsen
    4. Andrew Stephen Roberts
    5. James C Forslund
    6. ···
    9 lawyer answers

    The bigger issue is the ID in court, not so much the fact your name was not on the police report. If you have a lawyer, ask him/her. If you don't trust the lawyer you originally hired, perhaps it's time to hire the best, locally experienced, criminal defense attorney you can afford.

    11 lawyers agreed with this answer

  9. Can my misdemeanor for petty theft be lowered to an infraction if the theft was over 50 dollars?

    Answered 12 months ago.

    1. Nicholas Milan Loncar
    2. Michael Kevin Cernyar
    3. Jay Scott Finnecy
    4. Peter Charles Blair
    5. Greg Thomas Hill
    6. ···
    13 lawyer answers

    A lot will depend on the attorney you hire, and the courthouse where your case will be heard. Stop worrying and speculating and hire yourself a quality, locally experienced criminal defense attorney ASAP.

    11 lawyers agreed with this answer

  10. I blew 0.05 under the legal limit of 0.08 but was still booked and charged with a DUI. Will the court dismiss the charges?

    Answered about 1 year ago.

    1. Jasen Bodie Nielsen
    2. Sharon Paris Babakhan
    3. David Philip Shapiro
    4. Wade Jonathan Skalsky
    5. Scotty J Storey
    6. ···
    9 lawyer answers

    You can still be charged under Vehicle Code section 23152(a) (Driving Under the Influence of Alcohol &/or Drugs), and in some instances Vehicle Code section 23152(b) (Driving while having .08 or higher BAC). The .05 helps your case, particularly if no drugs were involved, but in the event you wish to be reactive instead of proactive and wait and see what, if anything, is filed THEN hire a criminal defense attorney, so be it. However, it is always advisable to be proactive.

    11 lawyers agreed with this answer

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