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PRACTICE AREAS





The separation of criminal defense into "practice areas" is somewhat artificial, although different legal problems do present different legal and technical issues. Effective representation of someone accused of any crime involves similar steps. A lawyer must develop the facts beyond those stated in the basic police reports through investigation and experts; incorporate those facts into effective legal arguments through research and creative written motions; and then use the facts and legal arguments to negotiate the best possible outcome. Preparing to settle a case is the same as preparing the case for trial. If an acceptable resolution of a case cannot be reached and the above steps have been followed, your lawyer will be prepared for trial if necessary.

I have represented thousands of people in the last 23 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.

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.

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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.

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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.

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Drugs

Drug charges are serious offenses and are often charged as felonies. First time offenders charged with the possession of drugs for personal use may be entitled to Deferred Entry of Judgment, 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". I have a unique approach to the question of whether a person has a drug or alcohol problem. If you are facing jail or other serious consequences because of drugs or alcohol, you have a drug or alcohol problem. That problem needs to be addressed. Drug addiction requires effective treatment and a long term commitment to recovery by the person involved.

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Medical Marijuana

Medical marijuana law has become a specialty in itself. Marijuana has been an accepted medicine in many societies for thousands of years. While California has approved the use of medically prescribed cannabis with a doctor's recommendation, the federal courts do not recognize medical marijuana. Even California law is not entirely clear; for example, the definition of "caregiver" is currently being considered by the California Supreme Court. Distributing marijuana to medical patients can raise significant legal questions, particularly if that distribution is done for money.

If you are a defendant or lawyer and you need legal briefs on these issues, please call or email me and I will be happy to discuss your case with you. For additional information, check the websites listed below:

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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 $400 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 $400 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

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White Collar Crime

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 many co- defendants.

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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. I have represented people charged with all of these offenses, including over thirty homicides.

Violent felony offenses can carry severe penalties in California- often life terms or sentences of many years in prison. Most of these offenses are also considered " strikes" under California law.

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.

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Internet and Computer Offenses

Internet crimes include unlawful access of a computer or "hacking", internet fraud, phishing, credit card fraud, illegal downloading, child pornography, illegal pornography, and illegal distribution of viruses, spam or malware.

Internet and computer offenses are regularly prosecuted in both state and federal Courts. 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. The law in this area is complex and evolving rapidly. Various laws purporting to outlaw categories of images have been found to violate the First Amendment- see, for example, the United States Supreme Court's opinion in Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002). In other cases, a forensic computer expert might be able to disprove a key component of the case against someone.

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Three Strikes

I have represented many people facing life in prison under the California's "three strikes" law. California defines a "strike" as a "serious or violent felony." The list of offenses that count as "strikes" is long and growing. One strike will make a prison sentence much more severe for any subsequent felony; while two strikes exposes a person charged with any third felony, even a non-violent felony, to life in prison.

The Three Strikes law is arbitrary and unfair. I have seen people sentenced to life in prison for non violent offenses such as the theft of a $100.00 jacket on a cold day, or possession of 1/10 of a gram of cocaine. Fortunately, judges have the discretion to "strike" one or more of the prior convictions at the time of sentencing, if a person is eventually convicted. The attorney's job is to thoroughly develop any mitigating facts about the offender and persuade the judge to exercise this discretion fairly at the sentencing hearing.

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Federal Offenses

Federal offenses are often offenses that can also be charged in State Court. Contrary to what some people think, 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.

Federal law and federal procedures are different from those in state court. 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.

Statistically, many people indicted in federal court plead guilty. A large majority of those who do go to trial are convicted. A thorough understanding of the legal issues in a particular case, the federal sentencing guidelines, the factors which justify a "departure" outside the sentencing guidelines, and (as in a three strikes sentencing hearing) the development and factors about the offender which might justify a lower sentence are essential to a fair resolution of any federal case.

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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.

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Civil and Criminal Forfeiture

Forfeiture laws allow the government to take your property on one or both of two different legal theories. First, if real or personal property is used to " facilitate" certain criminal conduct, the government may seize and forfeit (keep) the person's entire interest in the property. These laws are rooted in the law of admiralty from long ago, which stated that a vessel caught smuggling contraband could be seized and sold, even if the vessel was not purchased with illegal funds. Today, this means that if your home or your car was used to facilitate a drug transaction (to give one example), your entire interest in that home or vehicle may be taken by the government.

Forfeiture laws also allow the government to seize the "proceeds" of specified illegal activity, such as cash in a drug case or money traceable to transactions. To give another example, if the government can prove that some of the payments for your car or house were traceable to narcotics transactions, the government may be able to seize a portion of your interest in the house or car. The same may be true with bank accounts or cash.

The first hurdle in a forfeiture case is whether to file a claim at all. Federal and state courts have different timelines, but usually a claim must be filed under penalty of perjury very quickly. Sometimes, a person files a claim to the seized property only to find that the claim ties them to that property in a very uncomfortable way. If you are served with a notice of forfeiture, you should consult an attorney experienced in these matters immediately.

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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.

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