Matthew Atherton Sullivan’s Answers

Matthew Atherton Sullivan

San Francisco Criminal Defense Attorney.

Contributor Level 6
  1. After the initial arraignment and the not guilty plea for a California DUI and awaiting a second court date in four weeks, does

    Answered 3 months ago.

    1. Matthew Murillo
    2. Vijay Dinakar
    3. Andrew Stephen Roberts
    4. David Matthew Piper
    5. Dan Eugene Chambers
    6. ···
    7 lawyer answers

    Often between the first and second court date, the defense attorney may not be prepared to meet with or discuss the case with the DA over the phone, because the DA has only provided a preliminary discovery packet. Especially in a DUI case, the defense attorney will be seeking additional information related to the blood test or breath test, and the machines used to test the blood or the breath. Until the defense attorney has obtained that additional information, it is difficult to have a fully...

    8 lawyers agreed with this answer

  2. Tool for comparing attorneys? Simply judging their personalities (and taking their word for face value) seems inadequate.

    Answered 3 months ago.

    1. Joseph Briscoe Dane
    2. Matthew Atherton Sullivan
    3. Jay Scott Finnecy
    4. Dan Eugene Chambers
    5. David Philip Shapiro
    6. ···
    9 lawyer answers

    The best way to find an attorney is to obtain a personal referral from someone you trust. Do you have any friends who have had to hire a criminal attorney? Were they satisfied with the result? Maybe a friend or family member has a personal connection to an attorney who does not practice criminal law? It could be helpful to ask that attorney for a referral to a qualified criminal lawyer. With a simple felony possession, first time offense, you should be eligible for deferred entry of judgment....

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Will I have to go to court or wait for charges to be filed?

    Answered 3 months ago.

    1. Vijay Dinakar
    2. Jennifer J Wirsching
    3. Matthew Atherton Sullivan
    4. Christian M Ham
    5. Laurence K Nurmi
    6. ···
    7 lawyer answers

    Yes you need a lawyer. You also should not be posting about the "facts" of the case on this site, or any website. You should not discuss the facts of the case with anyone but your lawyer. It sounds like you have a valid defense, and were not the aggressor. However, if the guys that you were with did start the fight, it would be easy for the DA to see you as part of the group of bad actors in this case. It is critical that you obtain a lawyer as soon as possible. Of course the video evidence in...

    7 lawyers agreed with this answer

  4. Effective Counsel? Public Defender Doesn't Want to Present Evidence or Offer any Defense Because "It Might Annoy The Judge"

    Answered 3 months ago.

    1. Christine C McCall
    2. Matthew Atherton Sullivan
    3. Greg Thomas Hill
    4. Timothy Edward O'Laughlin
    5. Michael Kevin Cernyar
    6. ···
    9 lawyer answers

    Based on your limited facts it seems unfair that you would get sentenced to jail time for failure to meet with your PO when you were in the hospital, and no new independent violation beyond that. That being said--if this public defender seems to have insight into how this judge operates and there is additional information about your case that is not in your question--like bad facts in your prior history--its entirely possible they could be giving you reasonable advice. Have you tried to discuss...

    7 lawyers agreed with this answer

  5. If I have a DUI warrant out for failure to appear can I still travel internationally? What about flying throughout the US?

    Answered 3 months ago.

    1. Joseph Briscoe Dane
    2. Jay Scott Finnecy
    3. Michael Jon Fremont
    4. Matthew Murillo
    5. David Philip Shapiro
    6. ···
    10 lawyer answers

    You may also face a bar to admission in Germany. I am not familiar with German immigration, but in Canada for example, clients have been denied entry or hassled at the border due to criminal cases. As others have said, if you are not detained in Germany, its more than likely you will be detained and potentially arrested at airport upon re-entry into the United States. I have been receiving reports from more and more clients who have been detained upon re-entry by U.S. customs and extensively...

    5 lawyers agreed with this answer

  6. Can a medical marijuana defense be raised in an infraction case when the doctor's recommendation was issued after the fact?

    Answered 3 months ago.

    1. Greg Thomas Hill
    2. Andrew Stephen Roberts
    3. Greg Hagopian
    4. Matthew Atherton Sullivan
    5. James Roy Dickinson
    5 lawyer answers

    You still maybe able to get the case dismissed if you obtain a valid medical marijuana card and put together your medical records showing that you have a valid medical reason for the medication. In the Bay Area, many judges are willing to dismiss these cases if the party has a medical marijuana card, even obtained after the fact. I understand that you would be obtaining your card after the fact. I would suggest ordering a full set of your medical records that establish that you had a...

    4 lawyers agreed with this answer

  7. Is the company I work for responsible for this matter and should they pay for the bond ?

    Answered over 1 year ago.

    1. Chris J Feasel
    2. Robert Laurens Driessen
    3. Steven Allan Whitworth
    4. Matthew Atherton Sullivan
    5. Gayle Anne-Marie Gutekunst
    5 lawyer answers

    I think you should contact a criminal lawyer and an employment lawyer. You may have some rights since this happened while you were on duty that an employment lawyer could discuss with you. You should not discuss facts of this case online as it pertains to your employment or the criminal case, rather wait until you speak to an attorney. You may have a self defense argument. You can find employment lawyers online or by calling your local bar association and asking for a referral. You can do the...

    4 lawyers agreed with this answer

  8. Have had 3 accidents in 1 year technically my fault. One was a pole avoiding an accident. Do I need attorney for DMV hearing?

    Answered 3 months ago.

    1. Matthew Atherton Sullivan
    2. Stephen Ross Cohen
    3. Julia E. Simmons
    3 lawyer answers

    If you get 4 points on your license in a 12 month period, the DMV has the write to suspend or revoke your license. It is unclear from your question why you have a DMV hearing scheduled. For each accident that you were deemed at fault, I expect you received 1 point. That would mean you currently have 3 points on your license within a 12 month period. If you get a 4th point here, your license will be suspended. You should definitely hire a lawyer who is skilled in traffic cases and in dealing...

    3 lawyers agreed with this answer

  9. DUI jail sentence - can medical condition shorten time served?

    Answered 3 months ago.

    1. Andrew Stephen Roberts
    2. William Conwell
    3. Charles J. Ware
    4. Brian K Wanerman
    5. Sergio Humberto Benavides
    6. ···
    7 lawyer answers

    You should hire an attorney and ask them to add the case to calendar to modify the sentence. At least in some local Bay Area counties, a 13 day jail sentence on a DUI does not have to be actually served in jail. All sorts of alternative modifications can be worked out. He could potentially serve the sentence on home detention with electronic monitoring, or he could be re-referred to the Sheriff's Work Program, with accommodations being made for his medical condition. I agree with the previous...

    3 lawyers agreed with this answer

  10. Can you plea bargain a wet reckless without a lawyer?

    Answered about 2 years ago.

    1. Mark K Rosenfeld
    2. Peter D. King
    3. Matthew Murillo
    4. Tai Christopher Bogan
    5. David Jon Pullman
    6. ···
    11 lawyer answers

    If you are concerned about spending money on your case, you should contact the Alameda County Public Defender's Office and find out if you qualify for their services. You could also contact the Alameda County Bar Association and find out if they have a low fee lawyer referral panel, provided you qualify financially. If you do have the resources to hire an attorney, you should do so. With a .10 BAC you may have a winnable case and it would be ill-advised to represent yourself. You also need...

    3 lawyers agreed with this answer