Daniel Aaron Horowitz's Answers

My race is listed incorrectly on my notice to appear. Can this error be used as a defense?

Ethically you don't want to lie, so it doesn't make sense to claim it wasn't you if it was. However, that being said, there is nothing wrong with putting them to "the test". If you have a representative appear for you while you sit in the audience, it would be very interesting for the court to hear the officer and then have your representative ask the officer to review the ticket for accuracy. If he says it is accurate, ask him to identify you in the courtroom. If he can't, ask for a...

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Failure to provide defense with discovery.

You have received numerous excellent technical answers. I want to supplement to raise the point that discovery battles are a major problem for defense attorneys. Unless you have unlimited resources or your attorney has unlimited time, these battles over discovery sap defense resources. Rarely, very rarely do we obtain information of much value at the end of the day. Motions to dismiss rarely succeed even though technically they should. In the end, grey areas, late or partial discovery,...

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Charged with PC 417.4 Do I need a criminal defense lawyer?

I have almost never seen a person get a dismissal or win a case being their "own lawyer". My friend Tony Fagundes would get bit by a rattlesnake, tie it off himself, lie down, take a few large tastes of whiskey and get better in a day or two. I would go to a doctor. Don't be Tony Fagundes. He is (was) a man of a different era. Criminal defense is a form of warfare. It is not about, discussion, explaining or reasonable people and meetings of the mind. The only reason not to hire a lawyer...

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How do I qualify for plea of abeyance?

In Stockton this is the way they often do deferred prosecution. Each case is different in terms of whether they offer this. You need a local lawyer to negotiate for you. In my experience, these types of cases are best handled by local lawyer. From I know Stockton well (and I've done a bunch of jury trials there). I think you have a good chance.

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How many times can a defense attorney file for a continuence in a criminal case?

There is more to your question than what you posted. Are you the family of the victim? If so, any delay is excessive. If you are the friends/family of the accused there is a belief that delay helps the defense as evidence gets old and gets lost. However, if you are putting on an affirmative defense, delay can hurt the defense. (I almost always put on an "affirmative" (active) defense). Delays are personal (the attorney asks for a favor) or systemic (courts get clogged). So there is no hard...

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How does a case come before the Federal Grand Jury? Who files it the govt. or an individual?

Law enforcement investigated a case and gathered enough information to (in their view) obtain an arrest warrant. They probably had a prosecutor assigned to the case for several weeks if not longer. The prosecutor then took the case on his/her initiative to the Grand Jury. (Sometimes they make an arrest and then go to the Grand Jury but in complex cases they will indict first). The Grand Jury hears evidence but there is no judge and no defense lawyer present. The prosecutor instructs the...

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I was charged with a HS 11359 is it possible to get the case reduced or even dismissed??

It takes very little to charge possession for sale. Pay/owe sheets are strong evidence. Packaging is important. Scales, lack of evidence of personal use on premise..these are all factors. I know it seems there should be more but they regularly get convictions on just drugs, pay/owe sheets and a few additional pieces. Riverside is a tough county to be in. Good luck. Daniel Horowitz www.whitecollar.us

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How long is it going to take and what do I do? (Attempted muder,Self defense)

Let me respond in terms of the world of criminal law. The prosecutors clearly do not believe you. A lie detector test will not help. They use them to get people to confess and not to prove innocence. Your statements will be twisted and taken out of context. Get an attorney immediately. If he is not yet charged there is a very small window of opportunity. Attempted 1st Degree murder is a life sentence. Bail may not be possible and if it is possible it will cost a fortune. Put a...

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Self-defense?

Of course it is completely insane that the school or anyone else gets involved when kids fight. Particularly in a fair fight. If the nose is broken but needs no repair work you are a lot better off. A bad break tends to imply a little more than just a fight. The school is acting the way "it" is because of liability fears. Unless you have a completely brainwashed politically correct school principal, you may have a chance of having him/her intervene with the courts and try to handle it "in...

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1st dui in San Francisco

You need an attorney who specializes in DUI cases. I (for example) would be of no use to you. The DMV hearing is a critical stage of a DUI case. You must have an attorney for that. Even if you are guilty, have an attorney (again a specialist in DUI law) review the case just to make sure that you are treated fairly.

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