The best advice we can give you right now is to see a criminal defense attorney as soon as you can. There are many questions to ask to decide where you are in the process and what is the correct course of action to take. If there is a warrant outstanding that will be the…
Without a test, it will be nearly impossible for the case to be prosecuted. We say ‘nearly’ because if the officer observed some poor driving, smelled marijuana, and you performed poorly on the the field sobriety tests, a case for “under the influence” could still be charged. However, it will be very difficult to prove…
You should look at the court order from your Prop 36 sentencing. It should state whether you have travel limitations. A common term of probation, including Prop 36 probation, is that you are not to leave the state without first getting the permission of your probation officer.
Many states have expungement statutes, including California, that allow a person to have a crime erased from their records for most purposes. You may apply to have a conviction expunged if you were granted probation and you successfully completed probation. If you were sentenced to prison, you are not eligible for an expungement.
There is not a single factor, but length of time between a previous strike and the current offense is one. This only comes into play when there is a current offense. A judge does not simply strike an offense from the record after the passage of time. People vs Romero is a case that allows…
If you provide false information to a police officer, you could also be charged with making a false police report (a misdemeanor).
Yes, if the crime was actually committed. If it wasn’t actually committed, then they will only charge the conspiracy, which is essentially an agreement between two or more people to commit a crime, with at least one act towards doing so. That agreement does not require the crime to actually be committed.
You are correct, this can have an impact on your professional license. You should have an attorney look at every aspect of the situation – including a review of the licensing issues – to reach the best possible outcome. A full review of the cast with an experienced attorney is the best option.
An attorney skilled in DUI defense can be of great assistance, even if the attorney is unable to get a dismissal or a “not guilty” verdict. The attorney can work for a more favorable sentence, advise you on the DMV consequences, and represent you at DMV hearings (which a public defender cannot do). A private…
If you go into the Prop 36 program, you plead guilty and are sentenced, but if you complete the program you can petition to have the case dismissed.
It is important that you contact us as soon as possible if you are facing criminal charges. Let the experienced criminal defense attorneys at Hammerschmidt Law Corporation protect your rights.
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Hammerschmidt Law Corporation's criminal defense attorneys are located in Fresno, CA and serve Central California clients, including those in Fresno, Kings, Madera, Tulare, Merced and Stanislaus counties. We are available to represent clients in all federal courts in the United States. Attorney Advertising: This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.