Question: Can I buy a handgun in California if I have a wet reckless and no other record?
Answer: Was not owning a handgun a term of your probation? And if so, are you still on probation? I would be surprised if this was an issue, but to be safe you should consult with the attorney who handled your Wet Reckless case to go over the terms of the sentence, or consult with... Read More
Question: What will happen in my possession of marijuana case? I was pulled over for speeding.
Answer: A couple follow up questions…how much marijuana are they alleging you had in your possession? Also, did you have any pipes or anything like that on you? There could be some probable cause issues that may help you out. Are they also charging you with a DUI, VC 23152(a) charge? Give me a call... Read More
Question: Can I get a DUI in San Fernando while sitting in a parked car, or can I fight the charge? My Breath test was a .08
Answer: It is possible to get a DUI and have your license suspended even though you were sitting in your car at the time you were arrested. This does bring a good defense though. I have had DUI charges dismissed and reduced on cases that are similar. I have also had DUI charges dismissed and... Read More
Question: Does the court work the same for a DUI as it does for other cases like a petty theft?
Answer: Generally speaking, DUI’s (with some exceptions) are usually filed as misdemeanors, and petty theft’s are generally filed as misdemeanors (as opposed to infractions or felonies). Assuming both are filed as misdemeanors, the general court procedure is similar, although they are different types of cases that can raise different defenses and call for different motions... Read More
Question: What should I expect to happen at my DUI hearing if I am in California? It’s a 2nd DUI.
Answer: What County is the court in? I practice in Los Angeles county, ventura county, orange county and san bernardino county…so the below is based on handling matters in those counties. Some counties may have different practices. The first date is called the arraignment. If you are represented by a private attorney, assuming this is... Read More
Question: I have a 484 petty theft charge…what am I looking at for a penalty?
Answer: A PC 484 petty theft charge is a misdemeanor. I have been successful in getting these charges dismissed. It is possible with a proactive approach to have the charges dropped before the prosecutor actually files the official complaint (best case scenario). Call me at 818-336-1384 to discuss the case a little further to see... Read More
Question: Is it possible to get jail time for a 2nd offense 23152 DUI?
Answer: Was your first DUI within 10 years of the recent DUI? If not then even though technically it was your second DUI, it will only be treated as a first DUI in Court. That being said, if there is a conviction for a 2nd offense DUI, then the prosecutor will be looking for some... Read More