James Bickford’s Answers

James Bickford

San Francisco General Practice Lawyer.

Contributor Level 5
  1. Should i hire an attorney before or after my DUI arraignment? I'm not sure how beneficial it will be to get an attorney sooner.

    Answered about 2 years ago.

    1. Tai Christopher Bogan
    2. Philip Daniel Hache
    3. Jennifer Diem-Trang Le
    4. Benjamin J Lieberman
    5. Maltaise E Cini
    6. ···
    10 lawyer answers

    It is unlikely that waiting until after your arraignment will save you any money. Most DUI lawyers have a flat fee based on each clients circumstances and that is not likely to change after the first court appearance. It will in fact make things a little more difficult for your new attorney, because now he will be required to "Substitute In" as your attorney of record. Just make sure you hire an attorney whose sole practice is DUI defense. There are a number of good ones in town, myself...

    7 lawyers agreed with this answer

  2. Can you get felony bail money back if the charge is dropped to a misdemeanor?

    Answered about 2 years ago.

    1. Robert Lee Marshall
    2. Michael James Kennedy
    3. Mark K Rosenfeld
    4. Jeffrey Scott Bullard
    5. Graham Douglas Donath
    6. ···
    8 lawyer answers

    If you used a bond company, like the other lawyers have said, you are out of luck. If you posted the full bond however, that money will be returned, but only after all financial obligations to the court are satisfied.

    3 lawyers agreed with this answer

  3. Husband charged with a third DUI when police were called after he lost control of his motorcylce in a neighborhood. BAC was .08

    Answered about 2 years ago.

    1. Robert Lee Marshall
    2. Michael Korry Bialys
    3. Julie Ann Brown
    4. James Bickford
    4 lawyer answers

    Because of the accident, and assuming the bike is registered in his name, California law allows the police officers to charge him with the DUI. The Miranda thing has really gotten blown out of proportion because of TV, but you are not alone. Almost every one of my clients says the same thing when I first meet them. Miranda only comes into play when the driver is 1 under arrest, AND the police are asking questions about what they think he did wrong. BOTH of those conditions must be met. In all...

    1 lawyer agreed with this answer

  4. Its been 19 months since my Dui, I went to court and was told charges were never filed, can they still go back and prosecute me

    Answered about 4 years ago.

    1. James Bickford
    2. David Philip Shapiro
    3. Andrew Stephen Roberts
    4. Jimmy Cha
    4 lawyer answers

    The DA has 1 year from the date of the offense to file charges. You should be ok. If you took a blood test instead of a breath test, it is very common for the DA not to file charges until a month or so after your first court date. Have you moved since this took place? They may have sent you notice that charges were being filed and sent the notice to the wrong address. In this case, a warrant has probably been sworn out for your arrest. Check with the court. If no warrant has been filed, then...

    1 person marked this answer as helpful

  5. Can one relocate overseas while on informal probation for 1st DUI?

    Answered about 2 years ago.

    1. Michael Korry Bialys
    2. Mark K Rosenfeld
    3. Pius Joseph
    4. James Bickford
    4 lawyer answers

    Of course you can go back to your home country, but it would be best if you took care of all your obligations to the court before you left. If you do not, and fail to comply with any of the conditions of your probation, a warrant will be issued for your arrest. Since California has no jurisdiction in another country, your home country will not be handing you over to California, but if you decide to return to the States at any time, this could be problematic.

  6. DUI being held in North County San Diego - Lawyer Recommendation - Cole Casey or Fremont?- Career on the line!

    Answered about 2 years ago.

    1. Andrew Stephen Roberts
    2. Julie Ann Brown
    3. David Philip Shapiro
    4. Michael James Kennedy
    5. Tai Christopher Bogan
    6. ···
    7 lawyer answers

    Both are excellent attorneys. Go see both of them and go with the one you are most comfortable with.

  7. Should I hire an attorney?

    Answered about 4 years ago.

    1. John M. Kaman
    2. Andrew Stephen Roberts
    3. James Bickford
    4. Jimmy Cha
    5. Ronald Daniel Hedding
    5 lawyer answers

    Without a doubt you should hire an attorney. You need to remember that the offense took place at the time of driving not at the time of the testing. There are stricter penalties for higher blood alcohol cases. The first penalty enhancement level after .08 is .15. The DA may try to argue that your BAC, AT THE TIME OF THE OFFENSE, was above .15 therefore you are subject to stricter penalties. You need to hire an attorney who specializes in DUI Defense.

  8. 3rd DUI

    Answered about 4 years ago.

    1. David Philip Shapiro
    2. Ronald Daniel Hedding
    3. Joshua William Glotzer
    4. Jimmy Cha
    5. James Bickford
    5 lawyer answers

    Call Scott Spindell in LA (818-783-5200). Be careful about this one. If this DUI goes down as a Felony Conviction, ANY DUI offense you get after this will also be charged as a Felony. I practice in San Diego, so I can't help any more than this, but call Scott. He'll take good care of you.

  9. Visiting Canada after a DUI?

    Answered about 4 years ago.

    1. Robert Lee Marshall
    2. Shah Iqbal Nawaaz Peerally
    3. James Bickford
    4. Mary Frances Prevost
    4 lawyer answers

    Check with the Canadian Authorities who are telling you that a DUI will prevent your admittance to Canada. A "Wet Reckless" is strictly a legal bargaining tool used in the courts. It is California Vehicle Code Section 23103.5a. It is not an offense for which a police officer can write you a citation for. It is NOT recognized by the California DMV. You need to check to see if the DMV Set Aside the suspension of your license for this. IF the DMV Set Aside your suspension AND you got a Wet, then...