my first DUI was in Nov 2005 santa clara county, CA. second one alemeda county 2012, July. third one 2014, Nov. santa clara county. i have been so ashemed of my self after the third. i dont have drinking problem, and live a health life with a good...
Santa Clara County is in a bit of a war right now on this very issue. The Penal Code states that you may be eligible to do your 120 jail time in a residential treatment program. However, the Santa Clara County DA's office takes the position that you MUST serve 120 days in actual jail. You will have a fight on your hand to avoid jail. As a former Santa Clara County prosecutor, I can tell you that the best thing is to approach the judge with a variety of options (weekend work, electronic monitoring, residential treatment) and see if you can negotiate a sentence that keeps you working. It is imperative that you realize as well that going into a shame place just adds to the problem. you have a real disease and need help. That means get to an AA meeting today and get a sponsor. Our firm handles a lot of these cases if we can help further.See question
I'm a 21 year old and I was walking back from the bar and was charged with inability to take care of myself. This is the first time I have ever been in trouble with the cops. Also, I go to school in another state and it is very difficult to be bac...
we do a lot of these type of cases. Palo Alto many times will not file these cases. Stanford and some of the other colleges offer a "diversion" program for these cases. Or if they are filed we can normally get them dismissed upon proof of AA attendance. A local attorney like our firm can appear for you under Penal Code section 977 so you don't need to appearSee question
i was on my skateboard some guy was mad i had a verbal altercation with him i came home he followed me with a group of guys in a car so i used my kitchen knife to scare them off so they left cops came didn't want to open up the door the never fo...
FYI the MINIMUM sentence on a misdemeanor brandishing is 30 days. And in Santa Clara County the jail will not let you do "weekend work" on such a charge. That is why it is critical to get an experienced lawyer and also have an investigator try to corroborate your side of things.See question
"You've been named in an investigation underway by our dept. We expect this case will soon be referred to the DA's office, and criminal charges against you could result. Before that happens, we wish to offer you the opportunity to give your acco...
It would be legal malpractice for any criminal defense attorney to tell you to go talk to the cops in this scenario. You have the right to remain silent. Use it. Get a lawyer who will contact the DA's office after it has been turned over to them by the police and have that lawyer get more info for you.See question
I dont know why i got this letter from sjpd a arrest warrant .! Can a lawyer aviod the alwarrant or what should i do asap help me thanks.!
I disagree with the comment that you "likely missed a court date". You stated this was an arrest warrant, not a bench warrant. SJPD routinely sends out arrest warrants by mail and gives you an opportunity to take care of the warrant on your own. I don't know how anyone can question whether you need a lawyer or not. Of course you do. You are charged with False Imprisonment. Although you don't mention if the arrest warrant had an "F" next to it or the bail amount so I don't know if it's a Felony or Misdemeanor false imprisonment charge. 236/237 is a "wobbler" meaning it can be charged both ways. The best advice is to get a lawyer. They can direct you to a reputable bail bondsmen. If you can't afford a lawyer then contact the Public Defender's office. This is not something you can handle via a chat room or internet forum. Find a local lawyer you feel comfortable with.See question
The warrant was for under the influence and possession and now the person is in custody there is no bail. What does this mean??
One thing not mentioned by the other attorneys is that often there can be a brief period where person is still "in process" and so it shows in computer (and to jail officials) that he has "no bail allowed". If the person is not on probation or parole, then the "NBA" designation in the computer merely means that the person has not been before a judge yet to set bail. We typically see this "no bail" status when the court date is showing as being at "12" or "Noon". If you see that time designation or are told that is when the case is on calendar, then the case is definitely "in process" as there is no such thing as a noon court appearance.See question
I would like to get a copy of the report and try to fight this..am i entitled to it?..and when can i have it?
You are in San Jose. San Jose Police Department's policy is not to allow the release of the police report until after your first court date (the arraignment) and only to the person you have hired to be your attorney or to the Public Defender if you don't hire a private attorney. In other words, there is no way to get it until your first day in court.See question
He was defending him self as his GF was trying to gouge his eye's out which made it bleed and scratching up his face. She sustained bruises on her arm and on her neck from him trying to retrain her from hitting him. He also has massive bruises o...
Given these facts, the emotional reaction may be to want to file a suit against the victim or to try to file suit against the police and jail. However, the immediate crisis are the charges against your son. He needs an experienced domestic violence attorney with a good investigator to try to make sure that your son's side of things comes out. He needs to gather all his medical records and get witness statements and other evidence to corroborate his side of the matter. It may seem obvious to you that his GF was the aggressor but since he was the one who was arrested it apparently was not obvious to the police. Also, it may not be obvious to the DA. Therefore, the best thing is to get an attorney to see if he or she can keep charges from being filed or if they are filed get them dismissed. Once the criminal matter is handled you can worry about other things like suing other folks.See question
Arrested and detained in San Jose County Jail for 8 hours under PC 647F (Drunk in Public and Intoxication)
This is a very straightforward type of case to handle. Many times we can convince the DA not to file the charge. When we do it is sometimes possible to get your arrest record sealed as a "Factual Innocence" motion. When charges are filed we can almost always get the case dismissed based on a lack of evidence on the officer's part or by agreeing to do community service or AA meetings. We handle these matters routinely.See question
I was arrested in Jan 2011 on Domestic Violence Charges. I was then let go after 3 days as the DA did not have enough evidence to prove . I was never taken to court. I do not know what the case status is but believe it should be still open. Since ...
There are a few points here. One, if you had no charges filed against you then there is no "case" to dismiss. Charges were never filed. Secondly, you will need to consult with an immigration attorney to see if the fact of the open arrest record is going to have any effect on your immigration proceedings. If you decide that you wish to have your arrest record sealed then community service will not help. You will need to hire a lawyer to try to have your arrest record sealed. Your attorney can petition the police agency to seal your arrest record. If they refuse you can then file a petition with the court to have you declared "factually innocent' which will seal your arrest record for good. Be aware though that those motions are difficult as you need to show that you should never have been arrested in the first place and there were no grounds at all for the officer to arrest you. This can be difficult, but can be done in the appropriate case.See question