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New Los Angeles District Attorney Policy
On December 7th, 2020 George Gascon was sworn-in as the District Attorney of Los Angeles County. Immediately upon swearing-in he instituted a major change in Los Angeles County District Attorney Policy. He issued 9 special directives each ordering his prosecutors to be much more lenient on the defendants. This is the most significant change in Los Angeles prosecutions in many years. The Directives are: Pretrial release policy: ordering no more cash bails for defendants Misdemeanor case management: declination of filing and pretrial diversion for many charges (DUI and Domestic Violence excluded). (Special Directive 20-7). This directive also instructs the DAs not to offer plea deals that involve Caltrans and Jail in the same case. This directive also instructs the DAs […]
Physical Or Mental DMV Hearing
There are different types of DMV hearings. With a DUI arrest, you can have a “refusal” hearing or an “APS” hearing. But when a driver looks “not well” (such as should not be driving due to a medical condition, addiction, or age), police can refer the driver for a Physical or Mental reexamination, AKA, P & M hearing. P & M hearing happens when a police officer (or a doctor) decides that a driver does not have the skills (such as an elderly or sick driver). Also, such a hearing can happen when a driver has no knowledge of traffic laws. Police even can refer you to a P & M hearing when you are under the influence of drugs. […]
Can a DUI Get You Deported?
Whether you’re a student on an F1-visa, a green card holder, or in the US for asylum, you don’t want to take your chances when it comes to immigration. A DUI arrest is a serious crime, but, for a non-citizen, it can lead to tragic consequences such as a denial of citizenship, deportation, or exclusion from admission. Imagine how horrible it is to come home to the US and not be let in by immigration because of a DUI on your record. We’ve entered a political climate where the US government (through its current president) acts very harshly against immigrants, as you’ve undoubtedly seen in the news. Here’s what you need to know about DUIs as an immigrant or visitor […]
A DUI trial: picking a jury for DUI case in Los Angeles
In this article, Los Angeles DUI Defense Lawyer discusses all things relevant to picking a jury for a DUI trial. Click on the links below to go directly to your topic of interest. Can a Judge Punish A Defendant For Taking His DUI Case To a Trial? DUI Trial: Scientific Argument Expert Witnesses at a DUI trial in Los Angeles Can a DUI Case be dismissed when the courts are congested with other cases? Bias In Juries It is not easy to pick a good jury for a DUI trial in Los Angeles. We all as a society consider DUI drivers to be a scourge of modern society. It seems unfair that because of some decision to engage in drinking – […]
Winning Domestic Violence Cases in Los Angeles
Being arrested for domestic violence is one of the most terrifying experiences a person can have. Domestic violence charges can create many problems and even destroy your family. You must contact a domestic violence attorney Los Angeles as soon as possible to win your case. Call our office to talk to a domestic violence attorney Los Angeles any time. If you were arrested for domestic violence, you will have to deal with the following: Police will take you to jail (sometimes directly from your home). LAPD and LASD will almost always classify any domestic violence arrest as a felony. Your record (rap) will be affected because of that felony arrest. Upon arrest, the police will notify the California Department of […]
FIGHT YOUR DUI AND CRIMINAL CASE WITH A DEMURRER
ENTER POLICE – DO ARREST – HOW DO YOU FIGHT IT? – ATTACK THE PLEADINGS! One way you can fight your case is to demure to the prosecutor’s case. For example, refusal allegations for a DUI can be demured to based on constitutional rights to refuse a chemical test. Another example is when the police file resisting arrest charges, commonly known as Penal Code section 148(a). The problem is that PC 148 commonly filed not only on the resisting arrest but on any disobedience of a police officer. In our opinion, this kind of filings is not described in the statute. Penal Code section 148(a) reads: Every person who willfully resists, delays, or obstructs any public officer, peace officer, or […]
Voir Dire: What Is It and How to Use It To Win At Trial
Voir Dire is a process to approve a juror or an expert witness for trial. If you don’t think an expert witness knows information that is relevant for your trial, you can question the witness to see if he is not knowledgeable enough and will not confuse or mislead the judge or jury. Voir Dire for jurors is used primarily to see pick the best jurors for the trial. Someone who will be friendly to your case or your client and is not influenced by bias. As part of the process of selection of jurors, you can exclude up to 6 jurors in misdemeanor cases and 10 jurors in felony cases. During voir dire attorneys will ask the jurors about […]
WHAT HAPPENS AFTER A CALIFORNIA DUI ARREST
In California, after a DUI case, the arresting officer prepares a police report and submits it to the prosecutor, who then drafts a complaint and files it with the Superior Court. Although some agencies do direct filing, most will rely on the prosecutor to review and file the criminal case against an individual suspected of a DUI. Usually, the arrested person is not given the police report until the day he is scheduled to come to court. On the day of the arrest, the arresting officer will also hand you a citation, commonly known as “a ticket”, with a day of the appearance in the Superior Court and the location of the Courthouse. The prosecutor who files the criminal DUI complaint […]
Post Conviction Relief For Immigrants
Post Conviction relief discussion for immigrant including motions to withdraw plea under PC 1016.5 and PC 1473.7. Relief from deportation and denial of immigration status
Convert Arrest Into Detention: Not filed Los Angeles DUI Cases or Los Angeles Criminal Cases.
Los Angeles DUI attorney can help you convert an arrest into a detention for cases that are not filed in Los Angeles. If you are arrested for a crime or for a DUI, your record, if requested for the Department of Justice, will have a record of the arrest. Sometimes a job application or an application for benefits or a permit or a license will ask you if you were arrested. This is different then asking if you have any convictions, which are findings of guilt proven beyond a reasonable doubt! Instead, an applications can asks for arrests, which require much less evidence then convictions. The arrest decisions are made by a police officer who can be biased against you. […]
