This is a question for an attorney in San Bruno. Any criminal attorney in that area that is familiar with the laws / jurisdiction back in 2001. An attorney specific to that county would be the best. They will know the specifics as to what your sentence entails, if you are still subject to the Court's jurisdiction, and whether an infraction will have any bering on your old sentence. Make sure to let them know that the offense is an infraction.
The other course you could take is make a...
To add to the last answer - when you meet with a local defense attorney they will most likely tell you to politely NOT answer any questions by the Police. A workplace issue like this will typically involve the police at some stage. DO NOT speak to the police until you have spoken with a defense attorney.
If you hire an attorney, they will make the time to meet with you. It simple business - if they want clients, they will treat you right. Sorry to hear that you are going through that ordeal. Aside from sites like AVVO, another good reference is just speaking to people in your community. A good referral goes a long way. Best of luck.
Yes. If you don't want to be caught off guard, hire a local criminal defense attorney and they can contact the local Prosecuting Attorney's Office to see if charges have been filed yet. They can keep tabs on if and when this is happening. At least there won't be any surprises that way. Good luck.
All of these steps require an attorney. Get an attorney - they need to obtain from the Superior Court the application for the Search Warrant. Then, assuming the attorney knows what issues to look for in a search warrant application, they need to go through and look for errors in written or verbal application. Good luck.
If the charge of DWLS (2?) that you got in the mail is from that same incident, or in other words, originated out of the same accident report, you should be in the clear on any potential DUI. What is often helpful is to have a local attorney call the Prosecuting Attorney's Office and just make sure there is nothing else pending. Best of luck.
Different functions are done by different entities. The Prosecutor's function is adding or removing (amending) charges - hence, you see a Felony dropped down to a lower Court. Only the Prosecuting Attorney has the ability to "change" the charges.
In your scenario, the Court's function is sentencing. The Court can not change the charge, but can sentence you to anything inside of the maximums allowed. With a Gross Misdemeanor that is anywhere up to 365 days in jail. However - regarding...
The sentence, if the facts lead to a conviction, will be based to a large degree on his history. A Malicious Mischief in the Third Degree is a gross misdemeanor, meaning the Court can sentence him anywhere up to 1 year in jail and up to a $5,000 fine. It is hard to predict how a judge would come down without knowing more facts.
His best course of action would be (a) not talk to you because I'm sure there is a no contact order, (b) get back into treatment, and let the provider know of the...