Brian Neal Gurwitz's Answers

Can charges be filed against her

Yes, charges could be filed if the District Attorney decides to do so. The best short-time advice for the two of you is to refuse to discuss the case with anyone – including the girl, her family, or the police. If the police come to her and act like they want her side of the story and express doubt that the girl is telling the truth, don't be fooled. The police do this often in an effort to get the suspect to open up and trust the police. Also note that if the girl or one of her family...

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How can I remove a DUI conviction from my record?

Regardless of whether the conviction is expunged, it can be charged as a prior conviction for 10 years. It can also be considered for a variety of purposes - e.g., state licensing, etc. It will theoretically remain on your criminal record forever, with a notation that it was "dismissed" if you are able to get it expunged. Nevertheless, expungement does have some beneficial aspects to it, including the ability for you to say "no" when asked by a private employer if you've ever been convicted....

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After a plea can you go back and fight your case

There are a number of ways that you can seek to vacate the plea agreement. It is usually very difficult to do, but it is certainly possible depending on the facts of your case, and whether you were represented by incompetent counsel. Most criminal attorneys offer free consultations. Your question really requires a consultation since there are way too many facts that an attorney would need to offer you any meaningful guidance. Best regards, Brian (Tustin criminal defense attorney)

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What is going to happen since I was pulled over and given a traffic infraction for using my cell phone while driving in CA?

You can be fined a maximum of $20, with the addition of penalty assessments on top of that. The total amount will be around $60 or so. The DMV does not add a point for this violation. The fact that your device broke shortly before the offense is not a defense. An interesting note is that minors (<18 years old) are not permitted to drive while speaking on the cellphone, even with a handsfree device. This is set forth in Vehicle Code section 23124. Good luck and drive safely,

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How many years of school do you have to do to become a criminal lawyer?

To become a criminal lawyer in California, a person must first pass the bar. This happens after graduation from law school. Law school lasts for 3 years for a full-time student, and four-years for an evening program. At least one program in the country (Southwestern in Los Angeles) offers a two-year program. Most law schools (but not all) require a bachelor's degree (typically a four-year program) as a condition of admission. I was a prosecutor for 13 years before entering private...

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What is the range of time to be served for robbery without a weapon, but they fought the clerk?

Robbery can be punished by 2, 3, or 5 years in state prison, assuming there are no other charges or enhancements alleged. But note that a judge is not required to sentence someone to prison for robbery. (Again, this could change if certain enhancements are alleged.) A judge may impose probation and order a defendant to serve time in jail (generally up to a year) as a condition of that probation, and as an alternative to a prison sentence. Best,

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Do i have to testify against my brother

If you are subpoenaed as a witness, you can generally be compelled to testify against him. The fact you are his brother, and the fact you don't want to testify, will not excuse you. But note that if there is any fact that might come up on direct- or cross-examination that would involve you incriminating yourself, you may have the right to remain silent. In such a case, the district attorney would have to grant you immunity from prosecution in order to make you testify. To decide if you have...

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N the goverment appeal the judges decision

I agree with Ms. O'Connor answer. The prosecution's right to appeal a judge's decision is much more limited than a defendant's right to appeal a decision. The only thing I'd add is that an appeal of a misdemeanor case goes to the appellate division of the superior court, rather than to the court of appeal.

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Is it possible to reduce DUI charges to a wet reckless?

Poor driving isn't required to prove a DUI. Proof of it (and the lack of it) can be evidence that a person is or isn't intoxicated, but that's all. In other words, even if you were pulled over for an expired registration tag, and had been driving perfectly, the case could be proved based on: (1) the breath test, and (2) the officer's observation of you driving a vehicle. There may be some fact(s) that would give the prosecution a good reason to lower the charge to a wet reckless, but you...

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Do you have to be convicted of a felony for the police to take a DNA sample or is simply being charged enough?

Beginning this year, everyone arrested for a felony offense (regardless of whether they are later charged with a crime) must submit DNA samples to the California database. In some circumstances (e.g., no charges are filed), the arrestee can petition the court to have the sample removed.

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