WHEN IT’S YOU AGAINST THE STATE, THE ODDS ARE STACKED AGAINST YOU. YOU CAN LEVEL THE PLAYING FIELD WITH REPRESENTATION BY AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY WHO UNDERSTANDS THE LOCAL CRIMINAL COURT SYSTEM, AND CASES LIKE YOURS.
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Assault & Battery
An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” (Cal. Penal Code § 240).
In San Diego, assault is a realistic physical threat to injure another person. In other words, it is an intentional attempt to physically injure another, or a menacing or threatening act or statement that causes the other person to believe they are about to be attacked. This crime does not involve actual physical contact.
For example, throwing a punch at someone during an argument (but missing) is a simple assault in San Diego, as long as the intended victim was close enough to get hit by the punch. Words alone, such as “I’m going to hit you” are not assault, but threatening to hit someone with an object is considered an assault when accompanied by an action that shows intent to carry out the threat, such as winding up for a swing or throw.
It is important to note that for an act to constitute criminal assault, the conduct must be intentional. An action that is accidental is not a crime. For example, if someone swats at a fly without noticing that another person is close by, that person may not have criminal intent to commit a violent injury. An offender’s claim that he did not know that an intentional, angry and/or menacing act was against the law, however, does not negate intent.
Domestic Violence
In the state of California, domestic violence is a serious issue. The California legislature has enacted several statues that are broad enough to encompass a variety of acts which makes it illegal to commit an assault, battery, abuse, stalk or threaten a family member, an ex-spouse, fiancé, cohabitant or a domestic partner.
If you have recently been arrested on a domestic related charge, you need to understand that the allegations are severe enough that you could serve jail or prison time. Usually a domestic violence charge is initiated upon a 911 call in which the victim claims he or she has been physically assaulted by a family member, or someone in which the victim has or is currently involved in a close relationship. Law enforcement officers ordinarily take photographs of the alleged victims’ person or body parts which shows physical signs that an abuse has occurred. This information, along with any statements provided by the victim, witnesses or alleged perpetrator, the arresting officer’s report, and records of the 911 call are forwarded to a special unit of the prosecutor’s office which handles domestic violence cases.
Drug-Related Offenses
All drug possession crimes in California are classified as infractions, misdemeanors, “wobblers,” or felonies.
- Infractions do not include jail time
- misdemeanors can result in up to a year in jail
- felonies carry state prison sentences of a year or more (although first offenders may be eligible for probation).
A “wobbler” is an offense that may be charged or sentenced as either a misdemeanor or a felony, depending on the circumstances and the decisions of the prosecutor and/or judge.
DUI
What is a DUI?
In California, driving under the influence is usually charged as violation of Vehicle Code Section(s) 23152 (a) and/or (b).
- CVC 23152(a): This Vehicle Code states that you were driving under the influence of alcohol.
- CVC 23152(b): This Vehicle Code Section states that you had a blood alcohol concentration of .08% or higher.
Just because you are arrested for driving under the influence does not mean that you must plead guilty. There are defenses to DUI charges. In some cases, the prosecution may be unable to prove that you were “under the influence” or that you had a blood alcohol level of .08% or higher at the time of driving. Your case may be eligible for a reduction of the charges known as a “wet reckless.” However, the prosecutor will likely not offer a reduction of the charges right away.
A seasoned attorney would able to negotiate the reduction from the inception of the case. You need an aggressive and experienced attorney that will tirelessly fight the charges against you and get the outcome you deserve. Lead Attorney Jennifer R. Goldman is a graduate of the renowned Gerry Spence Trial Lawyer’s College and is a founding member of the DUI Defense Lawyers Association. Mrs. Goldman will fight for you and your rights every step of the way.
First Offense DUI in Southern California
Understanding your rights and the charges against you is crucial to obtaining a successful outcome in your case. It is vital to know that there are two separate actions in all drunk driving cases.
The first is an administrative action taken by the DMV against your driving privileges. You have 10 calendar days from the date of arrest to contact the DMV and request and administrative per se (APS) hearing or your license will be automatically suspended. The APS hearing is similar to a bench trial. There is a hearing officer who represents the Department of Motor Vehicles and hears evidence on the case. The issues are limited but you are entitled to subpoena records and witnesses including the arresting officer. At Goldman Legal we take immediate action by contacting the DMV and requesting an APS hearing on behalf of our clients.
The second action is a criminal proceeding through the Los Angeles County Superior Court system. After an arrest for driving under the influence you will be issued a citation to appear in court. This is known as your arraignment. The Los Angeles County Superior Court system consists of thirty-eight courts, the Court you are required to appear in will be determined by where you were arrested.
The majority of first offense DUI cases are misdemeanor cases. Generally, a leading drunk driving defense lawyer can appear on your behalf meaning that you may not have to appear in court, per Penal Code 977. It is crucial, however, that you retain an attorney prior to your court date and do not fail to appear on your case. A failure to appear can result in a warrant being issued for your arrest.
An experienced DUI Attorney will know that DUI defense requires detailed knowledge of the law as well as a deep understanding of the science behind blood alcohol levels, breath machines and the inaccuracies of Field Sobriety Tests. The Goldman Legal firm is here to help you fight the charges against you and fight for your freedom. Lead Attorney Jennifer R. Goldman is a graduate of the renowned Gerry Spence Trial Lawyer’s College and is a founding member of the DUI Defense Lawyers Association. Mrs. Goldman will fight for you and your rights every step of the way. Click here or call (619) 796-6841 for a free consultation with no obligation. Do not wait until it is too late.
Second Offense DUI
Being arrested for a Second Offense DUI in Southern California can have devastating consequences. Depending on the circumstances of your case, you may face a lengthy license suspension and mandatory jail time. If you are arrested for driving under the influence within 10 years of a prior drunk driving offense, you may face:
- Up to 1 year in county jail;
- Ordered to complete an 18-month alcohol program;
- Pay a fine between $390 to $1000+ in additional to penalty assessments;
- Required to install an Ignition Interlock Device (IID) for 1 year.
You can lose your job, driving privileges and even your freedom if you do not know how to defend your rights. It is important to remember that even if your first offense was reduced to a “wet reckless” or violation of Vehicle Code section 23103.5, you will still be charged with a second offense DUI.
If you are on probation, you may have additional consequences since being convicted of a subsequent DUI is likely a violation of the terms of your probation on your prior case. It is generally best to have an attorney represent you for both the violation of probation matter and the current DUI case.
No matter what the circumstances of your drunk driving offense, you should not feel that you have to plead guilty simply because you were arrested. DUI cases are complicated. You have rights and should hire an attorney who will fight hard to defend those rights. You need the experience and expertise of a seasoned trial attorney. The Goldman Legal firm is here to help you fight the charges against you and fight for your freedom. Lead Attorney Jennifer R. Goldman is a graduate of the renowned Gerry Spence Trial Lawyer’s College and is a founding member of the DUI Defense Lawyers Association. Mrs. Goldman will fight for you and your rights every step of the way. Click here or call (619) 796-6841 for a free consultation with no obligation. Do not wait until it is too late.
Third Offense DUI
Facing charges for a 3rd Offense DUI in Southern California can affect your entire life. You can face serious jail time and other consequences if you are convicted. You need to act fast to fight the charges against you and protect your driving privileges. A prosecutor may only charge you with a third offense if the prior drunk driving charges are within 10 years. If you are arrested for driving under the influence within 10 years of a prior drunk driving offense, you may face:
- Up to 1 year in county jail;
- Ordered to complete an 30-month alcohol program;
- Pay a fine between $390 to $1000+ in additional to penalty assessments;
- Required to install an Ignition Interlock Device (IID) for 2 years.
Fourth or Subsequent DUI Conviction
The District Attorney’s Office will file felony charges against you if you are arrested for driving under the influence and you have three prior DUI convictions within the past 10 years. Prior convictions within the 10-year period are based on arrest date or more accurately, the violation date. If you are arrested for driving under the influence within 10 years of multiple prior drunk driving offenses, you may face:
- Between 16 months to 4 years in prison;
- Pay a fines between $390 to $1000+ in additional to penalty assessments;
- Face a 4 year revocation of your driving privileges;
- Generally, a restricted license is permitted if the driver installs an Ignition Interlock Device (IID) for 3 years.
A conviction for a “wet reckless” (CVC 23103.5) is “priorable” and therefore will count as a prior conviction. If you are unsure about what prior convictions are considered, you should consult a knowledgeable attorney to help you understand the charges against you. Lead Attorney Jennifer R. Goldman is a graduate of the renowned Gerry Spence Trial Lawyer’s College and is a founding member of the DUI Defense Lawyers Association. Mrs. Goldman will fight for you and your rights every step of the way.
DUI with Injury in Southern California
If you are arrested for driving under the influence in Southern California and there was an injury to another person you can (and likely will) be charged with violation of Vehicle Code section(s) 23153 (a) and/or (b).
CVC 23153(a): “It is unlawful for a person, while under the influence of any alcoholic beverage, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.”
CVC 23153(b):“It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.”
A prosecutor must prove that you caused the injury to the other person. It also means that the injury does not have to be to another driver, it can be to a passenger in your vehicle, a pedestrian, or any other person beside yourself. Proving causation can be tricky, but usually is arrived at by showing that you committed an unlawful act or that the injury was a result of your negligence. DUI with injury is known as a “wobbler” in the State of California. This means that it is at the discretion of a prosecutor to charge the crime as a misdemeanor or a felony. However, if it is your third conviction of DUI with injury then you will automatically face felony charges. A prosecutor, however, must prove that you were the proximate cause of the person’s injury. It is crucial to obtain a knowledgeable, aggressive, and strategic attorney who will fight for you and your rights. The Goldman Legal firm is here to help you fight the charges against you and fight for your freedom. Lead Attorney Jennifer R. Goldman is a graduate of the renowned Gerry Spence Trial Lawyer’s College and is a founding member of the DUI Defense Lawyers Association. Mrs. Goldman will fight for you and your rights every step of the way. Click here or call (619) 796-6841 for a free consultation with no obligation. Do not wait until it is too late.
Southern California DUI – “Wet Reckless” Plea
“Wet Reckless”: a wet reckless is an informal name given to a DUI reduction. It is not a charge in it’s self. A wet reckless is “priorable offense” meaning that if a person is convicted within 10 years of the wet reckless plea he or she will be considered a repeat offender.
Benefits of a “Wet Reckless” may include:
- A shorter jail sentence;
- Lower fees between $145-$999;
- A shorter probationary term;
- No DUI on the driver’s record;
- Shorter DUI program.
If you have been arrested for a DUI you may hear the term “wet reckless” used to describe a reduction to the charges. A “wet reckless” plea may be a favorable outcome in your case but it can also have consequences. It is imperative that you speak to a qualified and experienced attorney before accepting any plea deal. You need to understand the law, your rights, and the potential defenses before accepting a plea even if it is a reduction to the initial drunk driving charge. Lead Attorney Jennifer R. Goldman is a graduate of the renowned Gerry Spence Trial Lawyer’s College and is a founding member of the DUI Defense Lawyers Association. Mrs. Goldman will fight for you and your rights every step of the way.
Southern California Commercial License and Endorsement
If you have your commercial license and are arrested for driving under the influence in Los Angeles, you will face harsh penalties that can affect your livelihood. California Vehicle Code section 23152(d) states that it is unlawful for a person who has 0.04% or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle. If you are not driving a commercial vehicle but are arrested for driving under the influence you can lose your commercial license for one year. For a second DUI arrest you can face a lifetime ban on your commercial license.
Most people that have a commercial license use the license in coordination with their profession and losing their license means the loss of their job. Therefore, more is at stake for those with commercial licenses or endorsements if they are facing DUI charges. The Goldman Legal firm is here to help you fight the charges against you and fight for your freedom. Lead Attorney Jennifer R. Goldman is a graduate of the renowned Gerry Spence Trial Lawyer’s College and is a founding member of the DUI Defense Lawyers Association. Mrs. Goldman will fight for you and your rights every step of the way.
Being arrested for drunk driving can be a terrifying experience, even for seasoned drivers. It can have grave consequences that you should not face alone. The Goldman Legal team will fight hard for your freedom and to protect your license. Lead Attorney Jennifer R. Goldman is an experienced defense lawyer. She knows DUI law and will not rest until you get the outcome you deserve. Her professional memberships include the Criminal Defense Bar Association of San Diego, California Attorneys for Criminal Justice, DUI Defense Lawyers Association, State Bar College, California DUI Lawyers Association, National College of DUI Defense and the California Young Lawyers Association. She is a noted speaker and has graduated from the Gerry Spence Trial Lawyers College. She has the experience and expertise you need to protect your rights. Click here or call (619) 796-6841 for a free consultation with no obligation. Do not wait until it is too late.
Southern California DUI and Out-of-State Drivers
Perhaps the biggest mistake that a person can make if they are an out-of-state driver and arrested for driving under the influence in Los Angeles is to fail to appear in court. It is understandable that you may be unable to return for a future court date, but a failure to appear will result in a warrant being issued for your arrest. If you have an outstanding warrant it could affect your ability to obtain a license or even travel.
The Goldman Legal law firm knows how important it is to get the charges minimized if you are not a California resident. In many cases we can have court requirements transferred to your home state or dismissed altogether. California has some of the strictest drunk driving laws in the country, but the team at our firm can help.
Out-of-State Drivers and the DMV
All drivers arrested in California for driving under the influence are subject to having their California driving privileges suspended 30 days from the date of arrest. If you have a license from another state and that state participates in the Interstate Drivers’ License Compact, your home state may suspend your driving privileges as well. It is important that you still contact the California Department of Motor Vehicles within 10 days of your arrest to request an administrative per se hearing on the suspension of your driving privileges. This hearing allows you to review evidence, subpoena documents, and even cross-examine witnesses such as the arresting officer. Failure to contact the California DMV within 10 calendar days of your arrest will result in the suspension of your driving privileges in California. The suspension begins 30 days from the date of arrest. States that participate in the Interstate Driver’s Compact include:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- D.C.
- Delaware
- Florida
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maryland
- Massachusetts
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wyoming
Being arrested for drunk driving can be a terrifying experience, even for seasoned drivers. It can have grave consequences that you should not face alone. The Goldman Legal team will fight hard for your freedom and to protect your license. Lead Attorney Jennifer R. Goldman is an experienced defense lawyer. She is a graduate of the renowned Gerry Spence Trial Lawyer’s College and is a founding member of the DUI Defense Lawyers Association. Mrs. Goldman has the experience and expertise you need to protect your rights. Click here or call (619) 796-6841 for a free consultation with no obligation. Our firm has happily worked with numerous out-of-state clients. Do not wait until it is too late.
Southern California DUI Court Process
In every Southern California DUI case there are two separate actions. The first is an administrative per se hearing conducted by the California Department of Motor Vehicles (DMV). This hearing determines whether your driving privileges will be suspended based solely off of the arrest. This is completely independent of the court process. The second is a criminal proceeding through the Los Angeles County Superior Court system.
Southern California DUI Criminal Proceeding
After an arrest for driving under the influence in Los Angeles you will be issued a citation to appear in court. In some circumstances you may be mailed a “Notice to Appear” in lieu of the initial citation. This first court appearance is known as an arraignment. At the arraignment you may enter a plea of guilty or not guilty. If you enter a plea of “Not Guilty” then your case will be set for pre-trial. In some instances, your case may not be filed on your initial court date. There are a number of reasons that your case is not filed. It may be that the arresting agency has not submitted all of the information, the prosecutor may be behind on filing charges or they may be awaiting additional evidence. No matter what the reason for the delay, you must appear at your arraignment. Failure to appear may result in a warrant being issued for your arrest. If your case is not filed, the prosecutor has one year to file charges on misdemeanors. You will receive a notice to appear in the mail once your case is filed.
In most cases, a licensed DUI Lawyer can appear on your behalf at the criminal proceeding. They can continue the arraignment, enter a plea or set the case for pre-trial. The court will usually limit the amount of appearances on a case before requiring it be resolved or set for trial.
Arraignment and Pre-Trial Phase
The arraignment and pre-trial phases of the criminal proceedings allow you to obtain evidence and review the case prior to taking the case to trial. An experienced defense lawyer will use this time to review the police report and conduct the APS hearing through the DMV, which will allow you to subpoena additional evidence and even cross-examine the arresting officer or other witnesses under oath. During these phases, negotiations also begin with the prosecutor assigned to the case. You may be given an initial offer for a plea deal. You should never plead guilty on a case prior to consulting a knowledgeable defense attorney. You may be pleading guilty when your case could get reduced or even dismissed. The Goldman Legal firm is here to help you fight the charges against you and fight for your freedom. Lead Attorney Jennifer R. Goldman is a graduate of the renowned Gerry Spence Trial Lawyer’s College and is a founding member of the DUI Defense Lawyers Association. Mrs. Goldman will fight for you and your rights every step of the way. Click here or call (619) 796-6841 for a free consultation with no obligation. Do not wait until it is too late.
DUI and Field Sobriety Tests
Contrary to popular belief, if you are pulled over and the officer suspects that you are driving under the influence you do not have to perform field sobriety tests. You are required to submit to a chemical breath or blood test that is performed after arrest, but field sobriety tests (FSTs) are done prior to arrest and are not required by law. FSTs are designed to make you fail. They are often difficult to complete even by a sober individual. How you perform on a field sobriety test can be greatly affected by things such as your weight, age, time of day, area where it is conducted and the instructions given by the officer.
The National Highway Traffic Safety Administration (NHTSA) states that there are only three standardized Field Sobriety Tests. All other tests are not scientific and are not good indicators of a person’s sobriety or intoxication. Each of these standardized field sobriety tests require specific instructions and circumstances to be accurate. Many times officers will not perform the tests according to NHTSA requirements and therefore render the tests inaccurate. At the Goldman Legal firm, Lead Attorney Jennifer R. Goldman is a graduate of the renowned Gerry Spence Trial Lawyer’s College, a founding member of the DUI Defense Lawyers Association, a member of the National College of DUI Defense. Mrs. Goldman also received her certificate of training in DWI Detection and Standardized Field Sobriety Testing Student Course. She will fight for you and your rights every step of the way. Click here or call (619) 796-6841 for a free consultation with no obligation. Do not wait until it is too late.
Expungements
The ramifications of criminal charges can negatively impact your life, long after the case itself is resolved, regardless of the outcome. For example, a charge on your criminal record can become an obstacle when you are seeking employment, applying to become a coach for a youth sports team, or even attempting to adopt a child.
Many people don’t realize that even in cases in which the charges are ultimately dismissed, a record of the initial arrest and the original charge and/or charges remains, and as such, will appear on a criminal background check. Fortunately, California provides a legal solution for eligible applicants through a process called an expungement, a service Goldman Legal provides for clients on a regular basis.
Military Diversion
What is Military Diversion?
Active-duty military personnel and veterans suffering from service-related trauma or mental health issues may be eligible for military diversion in lieu of jail time in California. Military diversion is authorized by Penal Code 1001.80. PC 1001.80 allows a Judge to postpone criminal proceedings for misdemeanor crimes while the defendant obtains treatment for:
- Post-traumatic stress disorder (“PTSD”),
- Sexual trauma,
- Traumatic brain injury (“TBI”),
- Substance abuse, or
- Mental health problems.
Who is eligible for Military Diversion?
Per Penal Code 1001.80:
- “(1) The defendant was, or currently is, a member of the United States military.”
- “(2) The defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service. The court may request, using existing resources, an assessment to aid in the determination that this paragraph applies to a defendant.”
It is impetrative that the casual nexus between the instant offense(s) and service-related trauma and/or mental issues are effectively and concisely relayed to the Court. The prosecutor representing the State of California is allowed to oppose to any petition for military diversion, which they frequently do. If you are facing criminal charges and are current or former military personal you should consider obtaining knowledgeable and experienced legal counsel who will tirelessly advocate for you and your rights.
Dismissal of the charges after military diversion
The criminal charges against the defendant will be dismissed upon successful completion of a court-approved military diversion program. The offense(s) will be considered to never have occurred for most purposes. If asked about his or her criminal record in a job interview for the defendant does not need to disclose the arrest or diversion-unless he or she is apply to be a civil officer.
Whether you currently serving or have served in the U.S. Army, Marine Corps, Air Force, or Navy the Goldman Legal firm can help. You need to act fast to protect your rank and livelihood through the military. We are not afraid to take your case to trial to get the outcome you deserve. We know what is at stake for military personnel. Do not let an “off base” arrests end your career. In most cases, we can appear on your behalf. We have worked with numerous service men and women, defending their rights in civilian court. Lead Attorney Jennifer R. Goldman is a graduate of the renowned Gerry Spence Trial Lawyer’s College and is a founding member of the DUI Defense Lawyers Association. She will fight for you and your rights every step of the way.
Mrs. Goldman’s goal for each case is clear: to maximize all legal options to obtain the most optimal outcome. She strives to offer what a client values most in a lawyer: good judgment, founded on listening to what the client really wants and needs. Click here or call (619) 796-6841 for a free consultation with no obligation. Do not wait until it is too late.
Probation Violations
Probation may be violated in many different ways. Circumstances that may lead to a probation violation include:
- Not appearing during a scheduled court appearance on a set date and time;
- Not reporting to your probation officer at the scheduled time or place;
- Not paying any required fines or restitution (to victims) as ordered by a court;
- Visiting certain people or places, or traveling out of state without the permission of your probation officer;
- Possessing, using, or selling illegal drugs;
- Committing other crimes or offenses; and
- Getting arrested for another offense, regardless of whether criminal or not.
Legal Rights at a Probation Hearing
If you are facing probation violation charges, it is important to know your legal rights to minimize or avoid additional penalties and consequences. Generally, you have the right to: (1) receive written notice of the claimed violations against you, (2) be heard by a neutral judge in court, (3) attorney representation, and (4) to present evidence and witnesses to support your case, or refute evidence against you.
Prop 47
People who have been convicted of Prop 47 felonies, no matter how recently or long ago, are entitled to request resentencing or reclassification, by filing an application or petition with the court where they were convicted. Proposition 47 was listed as the California “Safe Neighborhoods and Schools Act” on the ballot.
Application is appropriate for both those previously released from custody or probation, and those who are still serving time. This could mean immediate release from custody followed by a shorter term of parole than would have originally occurred, for those still serving out their sentences.
Eligible inmates must file a petition or application to the court that sentenced them by November 4, 2017 (or within three years of the effective date of the initiative).
Restraining Orders
Temporary Restraining Orders (TRO)
Sometimes you may be accused of these types of behaviors in the form of a restraining order which can also be called a protective order.
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- Contacting, calling, or sending any messages (including e-mail, texting and social media platforms)
- Attacking, striking, or battering
- Stalking
- Threatening
- Sexually assaulting
- Harassing
- Destroying personal property
A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. The person getting the restraining order is called the “protected person.” The person the restraining order is against is the “restrained person.” Sometimes, restraining orders include other “protected persons” like family or household members of the protected person.