Practice Areas
I have represented thousands of people in the last 30 years charged with all variety of criminal offenses, including those described below. The following are illustrations of some common types of offenses. This information is intended as a general guide; it is not designed to be legal advice and may not apply to any particular situation. If you have specific questions about the areas listed below or any other criminal matter please call or email me.
FEDERAL CRIMINAL CHARGES and WHITE COLLAR CRIME
Federal criminal charges include a wide variety of fraud, drug offenses, computer crimes, theft of trade secrets, insider trading, and other conduct crossing state lines or “affecting interstate commerce.” Charges can be filed in federal court for conduct that has already been prosecuted in state court- even when a person has been convicted and served their time in custody. If you are charged with a federal crime or are facing potential federal criminal charges, you need to be represented by a lawyer familiar with federal criminal defense. White collar crimes are often related to the operation of a business- particularly when the business loses money. Depending on the exact charges filed, they may be charged in state or federal court. Charges may include bank, real estate, wire or mail fraud, embezzlement, money laundering or & "structuring" and computer offenses. These offenses tend to be more complex than some other charges, because they often involve massive amounts of discovery, raise numerous legal issues, and involve co- defendants. These charges are serious and can carry heavy penalties. Effective representation often requires an experienced team, including investigators, forensic accountants and other specialized experts. I have successfully represented people charged with all variety of federal and white collar criminal conduct from the investigation stage to negotiating settlements to jury trial since 1985. If you are charged or believe you are about to be charged with a federal criminal case, please call my office for a free consultation. Drugs
Drug sale charges can be serious and are usually charged as felonies. First time California offenders charged with the possession of drugs for personal use may be entitled to diversion, resulting in a treatment program and an ultimate dismissal of the charges after 18 months. Possession for sale and sale of drugs are treated more seriously, and may result in a prison term, depending of the person's history and the quantity of drugs involved. Good people in pain can become addicted to prescription drugs and find themselves in trouble with the law. Large scale drug cases may be prosecuted by the federal authorities, where mandatory minimum sentences of five, ten or twenty years can be imposed. In some cases, a person with no criminal history may be able to avoid the mandatory minimum because of an exception to the mandatory minimum sentence known as the & "safety valve.” Drug addiction requires treatment and a commitment to recovery by the person involved, but it can be overcome. Due to recent changes in California law, there are often alternative dispositions for many people charged with narcotics offenses. I can help you navigate the legal system and obtain the best possible outcome no matter what charges you are facing. MEDICAL MARIJUANA
California and many other states have approved the use of medically prescribed cannabis with a doctor's recommendation, but marijuana remains a “schedule one” controlled substance with no recognized medical benefits under federal law. Distributing marijuana to medical patients can raise significant legal questions, particularly if that distribution is done for money. Because individual California jurisdictions can control medical cannabis dispensaries through zoning laws, local regulations vary widely, as do enforcement practices. It is important to have counsel familiar with local regulations and enforcement. If I am not the right person to assist you, I will tell you so and direct you to someone who specializes in your area. Fire Arms
Firearm laws are increasingly complex and punitive. California has some of the most restrictive firearm laws in the country, and many of those laws conflict with laws in other states. For example, a perfectly legal semi-automatic rifle in Nevada may be an illegal “assault weapon” in California. The use of a firearm in the commission of many offenses is an enhancement resulting in increased sentence exposure. I have experience with all types of firearm prosecutions; if you are charged with a firearm offense, call me. Violent Offenses
Violent crimes include: robbery, armed robbery, assault, battery, murder, manslaughter, vehicular manslaughter, gang crimes, kidnapping, arson, domestic violence, stalking, hate crimes, carjacking, sexual assault, and terrorist threats. All of these cases require the immediate assistance of a lawyer and an investigator. Early development of the facts can make the difference between a conviction and a dismissal or an acquittal. I have represented people charged with all of these offenses, including over thirty homicides. THEFT AND EMBEZZLEMENT
Theft is taking the property of another without consent. In California, theft crimes are classified as grand theft or petty theft. Petty theft generally is taking another person's property valued at less than $950 without the person's consent. In most cases, petty theft is considered a misdemeanor, although if someone has served jail for a theft offense in the past it can be charged as a felony. Grand theft is taking property valued at $950 or greater without consent. If a theft is committed by force or the threat of force it may be charged as robbery, a serious felony in California and a "strike". Embezzlement is stealing from an employer, or from some other person in a relationship of trust. Defending an embezzlement offense often requires an expert, such as an accountant, because determining the amount taken can affect the sentence in the event of a conviction. These cases are often accompanied by a related action in civil court. See, Civil and Criminal Cases at the Same Time DUI OFFENSES
Driving under the influence of alcohol or drugs is a serious offense in California. The penalties increase exponentially if there are prior convictions within the past ten years. If you blood alcohol is over .15, additional penalties may apply. If the offense involves an injury, or if there are three or more prior convictions, the case may be filed as a felony. People arrested for a DUI offense usually face a separate administrative action against their driving privilege by the DMV. If you have been arrested for a DUI in California, you must contact the DMV and request a hearing and a "stay" of the suspension of your license within 10 days or you will lose your license automatically. If you are charged with a DUI offense you should consult with an attorney immediately- certainly within 10 days of your arrest. Honest lawyers will tell you if they can help you or if they think they can negotiate a more favorable charge or penalty- or not. In California, an attorney can appear for you without the need for you to appear yourself in most misdemeanor cases, including DUI offenses. For many people, simply not having to appear in court is a sufficient reason to hire an attorney. INTERNET AND COMPUTER OFFENSES
Internet crimes include unlawful access of a computer or "hacking", internet fraud, phishing, credit card fraud, illegal downloading, child pornography, and illegal distribution of viruses, spam or malware. In federal cases, offenses such as distributing child pornography or even the simple possession of child pornography with certain prior convictions carry tough mandatory minimum prison sentences. Alleged attacks on corporate entities often adds the corporate legal department to the prosecution team. In these cases, the assistance of a forensic computer expert is invaluable to effectively push back against the combined power of the government and the aggrieved corporate “victim.” Sexual Assault
Sexual assault cases carry long sentences and can be extremely serious. A common technique used by investigators is called a “pretext call,” where the complaining witness makes a scripted, recorded call to the alleged offender. Because the purpose of the call is to incriminate the suspect, even a simple apology can be viewed as an admission. If you are the target of an investigation, don’t take calls from a person claiming to be a victim. Call a lawyer instead. Civil and Criminal Cases at the Same Time?
Many allegations of criminal wrongdoing can also be prosecuted in civil courts. A famous example is O. J. Simpson, who was acquitted of murder but later found liable in a civil lawsuit. Civil actions are common in cases involving fraud, and offenses such as vehicular manslaughter or assault. It is risky for someone who might be charged with a crime to defend a civil case before formal criminal charges are filed. For example, a person might be forced to answer interrogatories or requests for admissions or even have their deposition taken, only to find the information used in a later criminal case. In any situation where a civil case is related to alleged criminal activity, it is extremely important to consult a lawyer who understands the interaction between civil and criminal cases. Many civil lawyers are not aware of the potential criminal ramifications of actions taken in a civil or administrative case. Scientific and Technical Issues
I enjoy developing and litigating scientific and technical issues. I have successfully litigated complex questions relating to DNA evidence, accident reconstruction, ballistic evidence, crime scene reconstruction, computer security, electronic surveillance, wiretapping, the effects of psychotropic medications, drug and alcohol metabolism, mental states and mental illness, organic brain injury and many other questions specific to individual cases.
Successful litigation of these issues invariably involves the assistance of an appropriate expert witness and hard work by the lawyer. I have had the good fortune to develop a good working relationship with many leading experts in these various fields. |
Welcome to the Law Offices of Peter A. Leeming.
I defend people accused of crimes in the State of California and the United States Federal Courts. I also represent people in cases closely related to criminal actions, such as forfeiture. Being charged with a crime is one of the most frightening and potentially destructive things that can happen to a person. The search for an attorney is difficult because the stakes are high, and because often there is tremendous pressure to find a lawyer in a hurry. Nevertheless, it is important to take the time and find the right person to help you. I have been a criminal defense lawyer exclusively since 1985. I fight hard for each of my clients whether the person is accused of driving under the influence of alcohol (DUI), white collar offenses or capital murder. My clients include individuals and business entities charged with money laundering, tax or regulatory offenses. When you hire me you can count on thorough representation with a carefully chosen team of experts who have devoted their lives to protecting your rights no matter what the circumstances. |
If You are Arrested
Do not talk to the police. It is your right not to answer a police officer's questions. Their goal is to help build a case against you. Police officers can even lie to you to try to try to trick you into incriminating yourself. Resist the impulse to try to talk your way out of the situation: call a lawyer and let that person do the talking for you. Once you ask for an attorney the police must stop questioning you.
Do not discuss your case with anyone, even your family, other than your lawyer. You have the right to have a lawyer present during any questioning; insist on this right. Telephone calls and letters from jail are recorded and copied and are often used by the prosecution.
Conferences in interview rooms may also be recorded by officers.
Do not go to court without talking to an experienced criminal defense attorney. Lawyers are like doctors, there are many different specialties and areas of expertise. The lawyer who prepared your estate documents may not give the best advice if you are charged with a felony.
Do not talk to the police. It is your right not to answer a police officer's questions. Their goal is to help build a case against you. Police officers can even lie to you to try to try to trick you into incriminating yourself. Resist the impulse to try to talk your way out of the situation: call a lawyer and let that person do the talking for you. Once you ask for an attorney the police must stop questioning you.
Do not discuss your case with anyone, even your family, other than your lawyer. You have the right to have a lawyer present during any questioning; insist on this right. Telephone calls and letters from jail are recorded and copied and are often used by the prosecution.
Conferences in interview rooms may also be recorded by officers.
Do not go to court without talking to an experienced criminal defense attorney. Lawyers are like doctors, there are many different specialties and areas of expertise. The lawyer who prepared your estate documents may not give the best advice if you are charged with a felony.
Before Charges are Filed
If you think that you may be the subject of a criminal investigation, you should contact a criminal defense lawyer right away. A lawyer can contact the police for you and may be able to find out information while protecting your rights. A lawyer may be able to help you preserve and develop facts that may prove your innocence or persuade a prosecutor to file less serious charges.
If you think that you may be the subject of a criminal investigation, you should contact a criminal defense lawyer right away. A lawyer can contact the police for you and may be able to find out information while protecting your rights. A lawyer may be able to help you preserve and develop facts that may prove your innocence or persuade a prosecutor to file less serious charges.