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Steven Kelly Bloom

Steven Bloom’s Answers

4 total

  • I need a criminal defense attorney but I don't have the money, how good are the court appointed attorneys?

    I need a defense attorney but I don't have very much money. I've head the saying you get what you pay for and I can't pay much. I'm hoping to possibly use a court appointed attorney how good are they in anchorage? I really don't want to go to jail...

    Steven’s Answer

    Most court appointed attorneys, aka Public Defenders, are usually fine lawyers. Some of the best attorneys I know are court appointed attorneys, and also some of the worst attorneys I know are court appointed attorneys. Being a Public Defender is not an indication of someone's talent, or lack of talent. The only thing to be concerned about and could make a difference, is the knowledge and time they have to spend on your case. Most Public Defenders have SIGNIFICANTLY higher case loads than private attorneys and therefore some PD's may not have the time to dedicate to you and your case that it deserves or needs.

    A private attorney should give you personal attention. He should spend time going over the police reports and the facts with you. He should spend time getting to know you, you needs and what you want for an outcome of the case. Everyone is different and most people have different objectives for an outcome on a case. A good private attorney will work his tail off to obtain the results that aren best for you as an individual. PD's, often times, don't have the time to get to know you and personalize the outcome to you and your desires. PD's usually get the offer/outcome that they usually get in the type of case you have, or the same offer they got on the last case similar to yours. That can either work out for you or not.

    PD's are also usually not well versed in finding unique solutions for people who have jobs, want to stay out of jail and want to keep there records. PD's work with Indigent clients (no way to support themselves and can not afford an attorney) so they don't have to worry about keeping people working. Private Attorneys livelyhoods are dependent on us keeping people working and out of jail, or often times, we don't get paid.

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  • Can i reverse my plea i made in june 2011,cos my lawyer and the judge where not detail and open with me?

    in feb 2011 i was arrested and charged with a dui and a refusal.i refused the breath test but agreed to have my blood taken,but that was never done. i was parked in a no paking sign area ,but pulled over to use my cell safely. my lawyer and the ju...

    Steven’s Answer

    David is right. Your plea in court to the exhibition of speed did not cause your Ca Driver's License (CDL) to be suspended unless you have too many points on your DMV record. When someone is pulled over and given a citation for DUI (CVC 23152 (b)), the police officer will take your CDL and give you a pink piece of paper labeled "Temporary Driver's License and Order of Suspension." That document informs you that your CDL will be suspended 30 days from you being given it, but you can challenge that suspension if you call and set up a hearing (APS hearing) within 10 days.

    It sounds like you did not set up the APS hearing within the 10 days and therefor they suspended your license. It also sounds like the cop checked the box that says "chemical test refusal" which undet the Implied consent law means your CDL will be suspended for 1 year simply by knowingly refusing to submit to a chemical test, eventhough they ultimately obtained it by a forced blood draw.

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  • I got one extension for a cell phone ticket in L.A. Must pay fine by Monday, but don't have $. Can I do community service?

    I got one extension for a cell phone ticket in L.A. $132 is due by Monday, but I was laid off from my job and don't have the funds. The court paper stipulates no further extensions. I am going before a judge to ask for another extension, a redu...

    Steven’s Answer

    The money owed to the court is usually broken up into 2 categories: 1) fines and 2) fees. The reason why this is important is that the forner (fines) are taxed by what is called a "Penalty and Assessment" at the rate of now 260% and can be converted to jail time at the rate of $30 a day or Community Service at the rate of approximately $8 an hour. The great news about this is that these amounts are calculated PRE-TAX. For example, if the court fines someone $40, this will be taxed by 260% and the total due will be approximately $144 to the court. If you do community service, the court has to convert the fine pretax ($40 divided by $8 an hour equals 5 hours of community service). So instead of paying a $144 fine, a defendant can due 5 hours of community service. Not bad for a days work.

    The latter, (fees) such as court security fees and other fees the state adds on to pay for things such as maintenance of the court, metal detectors, etc, are NOT convertible to jail or community service and MUST be paid in dollars and cents and not work or jail.

    Steve Bloom, Esq.

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  • How long is a driver's license suspended in CA after a DUI if you are found guilty in BOTH the DMV APS and criminal courts?

    I understand that the DMV suspends for 4 months and the court can suspend for an additional 6 months (however, one can opt for the restricted license after 30 days). Would I be able to ride out the 4 months and get my license back in October (i...

    Steven’s Answer

    It appears from your question that you are alleged to have committed a FIRST DUI in California. Obviously the answer to your question is different depending on how many DUI's a person is alleged to have committed and the state having jurisdiction. On a first DUI in CA, the DMV will rule on the APS hearing and usually upholds the suspension of the driver's license. The suspension letter from the DMV will say that your CDL is suspended for 4 months, but you can get it back on a restricted basis after 30 days if you show proof to the DMV that you are enrolled in a DUI program (usually AB-541 3 month program depending on the Blood Alcohol Content), an SR-22 from your insurance company, and a $125 reissuance fee.

    If you do not want to get the restricted CDL, you can just wait but still need to do the AB-541 program, as well as file an SR-22 and pay the reissuance fee, to get your CDL reinstated, so you might as well get your restricted CDL so you can drive to and from the program and to and from and for work.

    The CA courts got out the business of restricting and/or suspending CDL's a few years ago and is now leaving that up to the DMV unless it is a severe case. Consequently, the court conviction should not have any affect on the date you can get your CDL back.

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