SD CRIMINAL LAWYER PRACTICE AREAS

DRUG CRIMES
California law makes it a crime to possess, sell, manufacture, cultivate or transport certain controlled substances.  Cocaine, Heroin, Methamphetamines, Certain Prescription Medications, Marijuana, Party Drugs (Ecstacy, Molly, GHB) and Hallucinogens like LSD can all lead to serious criminal charges.  California drug offenses include:  HS 11350 (possession of a controlled substance), HS 11351 (possession of a controlled substance for sale), HS 11352 (sale/transportation of a controlled substance), HS 11550 (under the influence), HS 22364 (possession of drug paraphernalia), HS 11370.1 (possession of a firearm and drugs), HS 11377 (possession of methamphetamine), HS 11378 (possession of methamphetamine for sale), HS 11379 (sale/transportation of methamphetamine) and HS 11379.6 (manufacture of narcotics).
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DRIVING UNDER THE INFLUENCE
DUI cases are very common and quite complex.  Whether you are arrested at a checkpoint, during a pullover or after an accident, a DUI charge can be contested to help you avoid the negative consequences of a conviction.  Typically, people arrested for drinking and driving are charged with VC 23152(a) (driving under the influence) and VC 23152(b) (driving with a BAC of .08 or higher).  Additionally, a DUI arrest usually triggers an automatic license suspension.  You have only 10 days from the date of your arrest to request a DMV Administrative Per Se hearing to defend your driving privilege from automatic suspension.
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DUI WITH PRIOR
DUI enforcement and prosecution is even more aggressive against defendants with one or more prior DUI convictions.  Without injury, a second or third DUI conviction within 10 years is still a misdemeanor, but carries mandatory jail time, longer license suspensions and other harsh consequences.  A fourth DUI conviction within 10 years will likely trigger felony charges.  If you have been charged with a second, third or fourth DUI, you need an experienced, knowledgeable and dedicated San Diego DUI Lawyer.  Call us now for a free consultation to discuss your defenses.
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MARIJUANA / MEDICAL MARIJUANA
Years ago California helped lead the way in reform of marijuana laws, but marijuana possession, sale, cultivation and transportation of marijuana are still illegal under federal law.  Medical marijuana laws have changed the perception as well as enforcement of marijuana laws.  Patients may use or cultivate medical marijuana for their own personal use or as part of a collective or cooperative.  Marijuana offenses include:  HS 11357(a) possession of less than an ounce of marijauan (infraction), HS 11357(b) possession of more than one ounce of marijuana (misdemeanor), HS 11357(c) possession of marijuana concentrate (misdemeanor), HS 11358 cultivation of marijuana (felony) and possession of marijuana for sale (HS 11359).
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HOMICIDE
Homicide is the unlawful killing of a human being.  The term covers intentional (murder, voluntary manslaughter) as well as unintentional (involuntary manslaughter, vehicular manslaughter, DUI manslaughter) killings.  Due to the high value placed on human life, homicide offenses are punished very harshly.  Murder is punishable by death or life, and even unintentional killings can be punished by up to 10 years in prison.  Homicide cases require excellent representation, thorough investigation and close attention to details.  If you or a loved one has been charged in the death of another human being, it is important to have the best representation you can get.
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SEX CRIMES
Sex crimes are treated very seriously in California and under Federal Law.  Some common sex crimes include: Rape (PC 261), Statutory Rape (PC 261.5), Child Molestation (PC 288), Sexual Battery (PC 243.4), Child Pornography (PC 311) Prostitution/Solicitation (PC 647(b)), Lewd Acts in Public (PC 647(a), Pimping (PC 266h), and Indecent Exposure (PC 314).  Sex crimes not only carry long terms in jail or prison, but also often require registration as a sex offender.  Registration, pursuant to PC 290, can make employment, finding a place to live and other everyday activities very difficult.  If you or a loved one is facing sex-related criminal charges or is the subject of a sex crimes investigation, it is time to get a lawyer involved right away to fight for you.
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FEDERAL CRIME
Federal criminal charges carry very serious consequences with rigid sentencing guidelines and long terms in Federal Prison.  Federal crimes range from white collar crimes, to serious drug, weapon and human trafficking, child pornography, immigration/border offenses and more.  With the serious consequences associated with a federal case, it is important to have a knowledgeable, detail-oriented, intelligent attorney on your side.
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WHITE COLLAR CRIME
Law enforcement efforts to stop and deter financial crimes have grown significantly in recent years.  Both the federal and state courts have created an emphasis on fraud, embezzlement and other "white collar" crimes.  Defending white collar cases requires intelligence, effective negotiating and argument skills, and close attention to detail.  If you or a loved one is facing serious charges in a financial crimes case, contact our firm today for a free consultation with a San Diego Criminal Defense Attorney.
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DRUG DUI
Driving Under the Influence of drugs is a common crime in San Diego county.  Marijuana, prescription drugs (Xanax, Valium, painkillers, Ambien), heroin, methamphetamine, cocaine and other drugs can all lead to DUI charges.  Being a medical marijuana patient or having a physician's prescription for pills like Xanax are not a defense to DUI.  There is no "legal limit" with drug DUIs as there is with alcohol, and many officers have less training in identifying drug impairment than alcohol intoxication.  An experienced DUI Lawyer and Criminal Defense Attorney can help you avoid a DUI conviction.
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APPEALS
Depending on the status of your case, you may be eligible to have a court of appeals reconsider a decision or get a new trial.  Appeal eligibility, procedure and timing are quite complex.  If you wish to appeal any decision, it is wise to discuss the possibility with an attorney as soon as possible to ensure that you do not miss any deadlines for filing.  The appeals courts are where unjust laws and procedures are changed, and the impact your case has may end up affecting thousands of other cases.  The appellate courts can review decisions of lower courts as well as the constitutionality of statutes written by the legislature.  Appeals may be filed in both federal and state cases, but it is vital to follow proper procedure.
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JUVENILE OFFENSES
Young offenders often have their criminal cases heard in the juvenile court system.  If tried as juveniles, young people accused of crimes will likely face less serious punishments than if tried as adults.  Nonetheless, it is important to have a powerful advocate on your side to protect a young person from getting a criminal record so early in life.  Juveniles can also be tried as adults, sometimes filed directly as an adult case by the DA, and other times after a fitness hearing is held to determine whether a minor may be tried as an adult or in the juvenile system.  Presenting the right evidence at a fitness hearing can make a big difference in a serious juvenile case.  If you or a loved one has been charged with an offense that occurred while the person in question was a minor, there may be major advantages to having an experienced San Diego Juvenile Defense Attorney on your side.
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PUBLIC INTOXICATION /
UNDER THE INFLUENCE
Penal Code Section 647(f) is California's drunk in public law.  It is important to note that simply being "drunk" in a public place is insufficient to justify an arrest or conviction under this section.  A person must be so impaired as to be a danger to their own safety or the safety of others.  Similarly, Health and Safety Code Section 11550 makes it a misdemeanor to be under the influence of a controlled substance.  HS 11550 does not require that the defendant be so impaired as to be a danger to him/herself or others, but officers may lack the training and experience to prove that a person was under the influence of a controlled substance at the time of an arrest.
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ATTEMPTED MURDER
California Penal Code Sections 187 (Murder) and 664 (criminal attempt) combine to criminalize attempted murder.  The elements of attempted murder are (1) that the defendant intended to kill a specific person, and (2) that the defendant took a direct step towards that killing.  There are many defenses to attempted murder, including false accusations, self defense, mistaken identity, lack of intent and lack of a substantial step.  A violent felony under California's Three Strikes Law, Attempted Murder charges are very serious, punishable by up to life in Prison.
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HIT & RUN
California Vehicle Code Section 20002 makes it a misdemeanor to leave the scene of an accident without exchanging information with the other party or making a report.  If there is an injury or death, then hit & run can be a felony for failure to stop and get help.  Hit & Run cases can be difficult for the government to prove, and often rely on getting admissions from a driver.  Even if a witness is able to identify a vehicle by its license plate number, the government may be unable to prove (beyond a reasonable doubt) who was driving.  Hit and run cases are also frequently dismissed as part of a civil compromise.
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GANG OFFENSES
California is world-renowned for its gang presence.  In San Diego, the police and prosecutors are extremely aggressive in pursuing punishment for gang members.  Being a member of a gang can lead to substantially enhanced penalties in many felony cases, as well as higher bail, denial of probation and other serious consequences.  Defendants charged with gang enhancements have a lot at stake and need the best and most dedicated representation available.
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COUNTERFEITING / FORGERY
California's Forgery and Counterfeiting Laws are covered by Penal Code Sections 470-483.5 and includes conduct such as forging checks, forging a driver's license, creating counterfeit legal tender and more.  Penal Code Section 350 covers counterfeit goods that infringe upon a trademark or other intellectual property.
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DOMESTIC VIOLENCE
Violent crimes are already serious crimes, but when the alleged victim is a spouse or significant other, the consequences can be much more serious and police and prosecutors pursue charges more aggressively.  PC 273.5 (corporal injury to a spouse or cohabitant) and 243(e)(1) (spousal battery) are the most common DV charges.  Even if a complaining witness recants, the prosecution will typically still seek to pursue charges.  False accusations and misunderstandings happen.  A skilled SD criminal defense attorney will fight for you and may be able to get these serious charges reduced or dismissed.
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THEFT CRIMES
California has a wide range of theft offenses.  Theft crimes can be a dark spot on your criminal record and make employment and professional licensing difficult, as well as posing negative immigration consequences.  Our office handles a wide range of theft cases, from minor offenses like petty theft (PC 484, PC 488), Shoplifting (PC 459.5) up to slightly more serious offenses like grand theft (PC 487) and receiving stolen property (PC 496), and the most serious theft offenses like robbery (PC 211) and burglary (PC 459).
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CARJACKING / AUTO THEFT
Thefts of automobiles are common in San Diego, and the crimes are a major focus of law enforcement and prosecutors.  Carjacking is the most serious auto theft crime because it involves violence or a threat of violence.  Grand theft auto is a felony, punishable by up to three years in prison.  Unauthorized use of a motor vehicle ("joyriding") is a wobbler, and can be charged as a felony or a misdemeanor. 
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PROSTITUTION / SOLICITATION
Prostitution and solicitation of prostitution are both misdemeanor offenses in California, pursuant to PC 647(b).  Typically the result of an undercover sting operation, an arrest for solicitation or prostitution is very embarrassing and have very negative consequences for those charged.  There are defenses, and you may be able to avoid a conviction.  If you've been arrested or charged with solicitation, prostitution, escorting without a license or pimping, contact a San Diego criminal defense attorney now to discuss your case.
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WEAPONS OFFENSES
Although not quite an act of violence, weapon possession, manufacture and sale are taken seriously due to the likelihood of violence presented, and the severe injuries and death that can result when weapons are handled irresponsibly or used to deliberately harm others.  Some weapons are flat out banned (fully automatic weapons, switchblades, sawed-off shotguns, explosives, brass knuckles), while other weapons may be lawfully possessed with certain restrictions (e.g. felons, drug addicts, probationers may not own weapons).  Additionally, there are weapon enhancements for possession, use, brandishing and discharge of a firearm or other weapon.
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VIOLENT CRIMES
Violent crimes carry the most severe consequences, including jail, prison, probation, fines and sometimes a "strike" on your record.  Some California violent crimes include: assault (PC 240), battery (PC 242), aggravated assault (PC 245), aggravated battery (PC 243(d)), rape (PC 260), robbery (PC 211), murder (PC 187) and more.  If you have been arrested or charged with a violent crime in San Diego, contact our office now for a Free Consultation about your criminal case.
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FELONY DUI
Driving Under the Influence can be charged as a felony under several different circumstances.  DUI causing injury can be filed as a misdemeanor or a felony.  If the defendant has priors or has seriously injured the victim, the case will likely be filed as a felony.  DUI causing the death of another human being will always be charged as a felony.  Additionally, a fourth DUI conviction within 10 years will be treated as a felony.  Anyone with a prior felony DUI conviction can be charged with a felony DUI for any subsequent charge.  Felony DUI is very serious and can lead to a state prison sentence.  In addition to defending the case at trial and through motions, it may be possible to work out a deal involving rehab in lieu of time in actual custody.  Consult with an experienced San Diego DUI Lawyer now to discuss your case.
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WATSON MURDER
DUI manslaughter is already a very serious charge, carrying up to 10 years in prison.  For anyone convicted of DUI in California, there is a strong likelihood that a subsequent DUI arrest, if it causes the death of another person, will be charged as second degree murder, punishable by 25 years to life.  During many DUI and "wet reckless" plea colloquies, the court will read what has come to be known as the Watson advisement, informing the defendant that as a result of their guilty plea to DUI or "wet reckless" if someone is later killed as a result of the defendant's drunk driving, they can be charged with murder, not vehicular manslaughter.  It is counter-intuitive that someone can be charged with murder for an unintended consequence, but California law permits prosecutors to impute malice in the killing based on a prior conviction for DUI.  This is an extremely serious charge requiring the most dedicated and detail oriented DUI defense.  Consult with an attorney now.
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VANDALISM
Maliciously defacing or destroying another person's property is a crime pursuant to Penal Code Section 594.  Graffiti, broken windows, intentional damage to a vehicle and more can constitute vandalism.  Additionally, it is a crime to possess tools commonly used for vandalism with the intent to use those tools to commit and act of vandalism.  Vandalism can be charged as a misdemeanor or felony, and can carry especially serious consequences if there is any association between the act of vandalism and gang activity (e.g. marking territory, etc.).  If you or a loved one has been charged with vandalism, contact our office now for a free consultation.
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UNLICENSED DRIVER
Driving without a license or on a suspended license is commonly charged as a misdemeanor in San Diego.  Both driving without a license and driving on a suspended license carry the possibility of jail time, license issues, probation and large fines.  With the help of an experienced attorney, you may be able to get your license (or get it back) and get a reduced penalty or dismissal of the unlicensed driver charge.  Another complication with unlicensed driver cases is that law enforcement agencies frequently will impound a vehicle on a 30 day hold.
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TRAFFIC TICKETS
Traffic tickets are extremely expensive in California.  Additionally, accumulating points on your DMV record can lead to increased insurance premiums and even a suspension of your driving privilege.  Tickets with failures to appear may be even more costly, with older tickets often reaching fines of $2000.  If you have a complex traffic matter and need to have it handled by an experience, knowledgeable attorney, contact our office now for a free consultation with a San Diego lawyer.
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EXPUNGEMENT
Cleaning up your record after a conviction may be important for employment/career opportunities, immigration reasons, professional licensing, finding suitable housing and much, much more.  California law offers several different options for cleaning up your record including 1203.4 dismissals (expungement), 17B motions to reduce a felony to a misdemeanor, Prop 47 petitions to reduce a felony to a misdemeanor, motions to terminate probation early, certificates of rehabilitation, petitions to seal and destroy an arrest record, and petitions to seal and destroy a juvenile record.  The eligibility requirements and procedures for expungement and other post-conviction relief are complex, but our office can help you identify the best way to clean up your record and stop old convictions from holding you back and haunting your future.
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DISTURBING THE PEACE
Penal Code Section 415 covers a broad range of conduct, but is most commonly charged in cases involving fights and challenges to fight, unreasonably loud behavior and use of certain language likely to incite a violent reaction.  PC 415 is a common plea down charge in domestic violence or public intoxication charges, as it may look better on a criminal record than other charges.  PC 415 is punishable as a misdemeanor or infraction.  As a misdemeanor, disturbing the peace can carry jail time, but will more likely result in probation and a fine/community service.  As an infraction, PC 415 is punishable only by a fine.
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PROBATION VIOLATIONS
In both felony and misdemeanor cases where probation is granted, there will be conditions by which the probationer must abide.  In almost all cases, one condition will be to obey all laws.  This means that any new arrests while on probation are likely to trigger a probation violation.  In addition, probationers can get violations for not reporting, disobeying a court order (restraining order, missing court), or failing to comply with court ordered classes, community service or other obligations.  If you are facing a possible violation of probation, you are entitled to a hearing and may be able to avoid a violation.  Admitting a violation or being found in violation can lead to imposition of a jail or prison term and a denial of expungement.
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DMV HEARINGS
After being arrested for DUI, a driver's license is taken away and the driver is issued a temporary license.  This license is good for only 30 days unless a hearing is requested within 10 days of the arrest date.  This hearing is called an Administrative Per Se ("APS") hearing.  A DMV hearing officer will decide several issues, and can either suspend your license or set aside the suspension.  Arguments that can win an APS hearing include: Rising BAC, respondent was NOT driving, the time of driving is unknown, the stop or arrest were without probable cause and more.  Additionally, the DMV may initiate a suspension for medical reasons or accumulation of points.  Consult with a lawyer about your rights and defenses.
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PERJURY
Lying under oath is a serious crime, and a straight felony under California Law.  Penal Code Section 118 makes perjury punishable by up to 4 years.  Related offenses include: dissuading a witness, bribing a witness, filing a false report, false statements to the DMV, false statements to a peace officer, falsifying evidence, destruction of evidence, planting evidence and more.
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COURTHOUSES AND LOCATIONS WE SERVE

SERVING ALL SAN DIEGO COUNTY SUPERIOR COURTS:
SAN DIEGO CRIMINAL DEFENSE ATTORNEY
CENTRAL COURTHOUSE  |  EAST COUNTY COURTHOUSE  |  NORTH COUNTY COURTHOUSE
SOUTH COUNTY COURTHOUSE  |  JUVENILE COURTHOUSE

SERVING ALL ORANGE COUNTY SUPERIOR COURTS:
ORANGE COUNTY CRIMINAL DEFENSE ATTORNEY

SERVING ALL RIVERSIDE COUNTY SUPERIOR COURTS:
RIVERSIDE CRIMINAL DEFENSE ATTORNEY

SERVING ALL LOS ANGELES COUNTY SUPERIOR COURTS:
LOS ANGELES CRIMINAL DEFENSE ATTORNEY

PROUDLY PROTECTING
YOUR RIGHTS IN
AMERICA'S FINEST CITY

IMPORTANT RESOURCES:
SD SUPERIOR COURT
SD COUNTY SHERIFF
INMATE LOCATOR
WARRANT CHECK
CALIFORNIA DMV
HIGHWAY PATROL
SAN DIEGO POLICE