Marc Steven Applbaum’s Answers

Marc Steven Applbaum

San Diego Criminal Defense Attorney.

Contributor Level 7
  1. Two DUI's both violating probation and one charge of driving without a license after suspension. Totally three warrants.

    Answered about 1 year ago.

    1. Cambria L Lisonbee
    2. Marc Steven Applbaum
    3. Wade J. Skalsky
    4. Michael Kevin Cernyar
    5. Kiarash Feyzjou
    6. ···
    9 lawyer answers

    She is facing multiple violations of probation and a new misdemeanor charge. Considering she was most likely given a break by the prosecution and the court by not having to plead to a DUI with a prior originally, the court certainly has the power to put her in custody now. Jail population is an issue but depending on the jurisdiction she could be looking at some jail time as punishment but not too much. Either way she has real legal issues. Marc Applbaum, Attorney at Law, San Diego.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. When/How Can I Terminate My Probation Early?

    Answered over 1 year ago.

    1. Matthew Murillo
    2. Andrew Joseph Bouvier-Brown
    3. Anthony Michael Solis
    4. Denis Hurley White Jr
    5. Wade J. Skalsky
    6. ···
    9 lawyer answers

    Easy to do. If a deal cannot be worked out with the prosecutor (when you originally plead guilty) you will be ordered to the entire period. Provided you complete all terms of probation , you are entitled to ask for early termination. A attorney can prepare the document very quickly, or you can do it. Then it gets processed. Depending on the court and how much of the % of probation you've completed the government may or may no oppose your motion. You should not be charged an exorbant fee for...

    9 lawyers agreed with this answer

  3. Can I get my DUI case reduced to a wet/dry reckless with a BAC .14 ?

    Answered over 1 year ago.

    1. Jasen Bodie Nielsen
    2. Marc Steven Applbaum
    3. Jerod Gunsberg
    4. Christine C McCall
    5. Bobby Shamuilian
    5 lawyer answers

    The short answer is yes. I have seen reductions given and have authorized reductions myself in my time as a prosecutor when the BAC was higher than in your situation. I have yet to review a police report where the subject did not have "red watery eyes", or the "strong odor of alcohol", or some of the other objective symptoms you mention, so those are less important. As are the FST's...tests designed to make you fail. Truly the hurdle for you will be the .12 itself. I can only speak from my...

    8 lawyers agreed with this answer

  4. I have to attend a drinking and driving academy and I was saving up for the down payment for program which was $140.

    Answered over 1 year ago.

    1. Vijay Dinakar
    2. Marc Steven Applbaum
    3. Michael Jon Fremont
    4. Jasen Bodie Nielsen
    4 lawyer answers

    You'll be fine. Get into court ASAP and explain your hardship. Stay ahead of any potential probation violation and address any issues as they arise and the court should work with you regarding an extension.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. I was arrested for shoplifting after having a emotional breakdown can i get a pretrial diversion?

    Answered about 1 year ago.

    1. Marc Steven Applbaum
    2. Andrew Stephen Roberts
    3. Benjamin Alika Okin
    4. Nicholas Milan Loncar
    5. Dan Eugene Chambers
    5 lawyer answers

    Absolutely you can depending on the court and your history. Many courts are offering diversion as an alternative to a misdemeanor. Moreover, you may have a defense to the alleged crime entirely. Call an experienced attorney ASAP.

    6 lawyers agreed with this answer

  6. When your 4th amendment was violated and 1538 suppression hearing was denied, would it be best to plead guilty then appeal ??

    Answered over 1 year ago.

    1. Michael Korry Bialys
    2. Marc Steven Applbaum
    3. Harry Edward Hudson Jr
    4. Michael Jon Fremont
    5. Joshua D Farley
    6. ···
    6 lawyer answers

    Certainly depends on your facts. But if you and your attorney feel the trial court was in error, it may be best to appeal the 1538.

    6 lawyers agreed with this answer

  7. How hard is it to prove a drug dui

    Answered over 1 year ago.

    1. Christopher Patrick Welch
    2. Nicholas Maurice Rosenberg
    3. Marc Steven Applbaum
    4. Jordan S Cunningham
    4 lawyer answers

    It depends on many other factors. There are 2 counts with most California DUI's... The .08 is merely one charge. You can also be convicted of the "a" count or driving with the caution not characteristic of a sober person. Manner of driving and performance on sobriety tests will be examined closely. A drug DUI is not as easy to prove as a straight alcohol DUI. But drugs mixed with some booze can make a prosecutors case any day. Get a lawyer.

    4 lawyers agreed with this answer

  8. DUI - If I plea to only 23152(a) or 23152(b) rather than both, does that help me in any way?

    Answered over 1 year ago.

    1. James E Dunn
    2. Michael Jon Fremont
    3. Elliot Rahmim Zarabi
    4. Daniel C Grupenhagen
    5. Marc Steven Applbaum
    6. ···
    6 lawyer answers

    T When it comes to your punishment there is no difference in pleading to either one or both counts. Certainly you'd only prefer one on your record. Many attorneys advise to plead to the b count rather than the a to avoid any potential civil liability.

    4 lawyers agreed with this answer

  9. If my GA drivers license was not confiscated after receiving a DUI charge, do I still need to appeal within 10 business days?

    Answered over 1 year ago.

    1. Douglas Brooks Rohan
    2. Zachary Walter Procter
    3. James Emmit Hardy II
    4. Allen Rust Knox
    5. Paul Jonathan Sieg
    6. ···
    9 lawyer answers

    Always better to be safe and appeal. You will be refunded if you are ultimately not suspended.

    5 lawyers agreed with this answer

  10. What are the guidelines for moving to San Diego County and being on Prop 36?

    Answered over 1 year ago.

    1. Anthony David Scott
    2. Jasen Bodie Nielsen
    3. Marc Steven Applbaum
    3 lawyer answers

    Answer above is right on. You can get it transferred provided you're in good standing. Contact an attorney or outfit on calendar yourself and make sure eveyrthing is placed on the record.

    3 lawyers agreed with this answer