PRACTICE AREAS

DUI

INVESTIGATION

A DUI investigation is about more than just the police reports.  We look at the entire body of evidence available on each case so that we can appropriately advise our clients. 

Should we hire an expert?  Have we obtained all of the evidence?  Can we obtain a portion of any blood sample for our own analysis?  Should we engage our investigator?  Was the police officer properly trained to use the testing equipment?  Is the license for the crime lab current?  Did the police officer and/or criminal analyst follow the operating manual for the testing machine?  How many people were testing at or near the time as our client?  Do we have the maintenance records available for the testing apparatus to make sure the machine was even working properly?  Do we need to go to the scene for a more thorough inspection?  Are there any witnesses to interview?  What is recorded on the police dispatch tapes?  Do we need a mechanical inspection of the vehicle?  If there was an accident, do we need to consult with an accident reconstructionist? 

A DUI case is about more than just being pulled over by the police.  We take the time to uncover all of the information available to help guide you through the process.

DMV HEARING

From the date of arrest, you have 10 days to contact the Department of Motor Vehicles Office of Driver Safety and schedule an administrative hearing.  Typically we will contact the DMV and schedule the hearing the very same day you retain our firm.  Once we have scheduled you hearing, the suspension will be “stayed” until we have a chance to contest the allegations.  It is not uncommon for the DMV to extend your hearing well past the initial 30 days.

The DMV hearing officer acts as the prosecutor, judge, and jury, ultimately making the final determination regarding the outcome of the hearing.  Additionally, if it is determined that you willfully refuse to submit to a chemical test, the DMV will automatically suspend your driving privilege for 1 year.

Both sides can offer witness testimony, documents, lab reports, and the opinions of experts.  If the DMV hearing officer rules against you, you must appeal the decision to the DMV in Sacramento or in some cases file a writ with the Superior Court.

If the appeal process is not successful, the other way to have the DMV hearing result set aside is by an acquittal or a finding of actual innocence on the criminal charge directly related to driving with a .08% or above.

It is imperative that you contact us immediately so that we may schedule your hearing before it’s too late.  If you wait too long, the DMV will automatically suspend your driver’s license for a four month period.

FIRST OFFENSE

A first offense DUI conviction is punishable by a minimum of 96-hours in jail and up to 6-months.  Additionally, there is a fine in the minimum amount of $390 and up to $1000.  Your license to operate a motor vehicle will be suspended between 4 to 6 months and the DMV will not reinstate your license until you provide proof that you have completed an alcohol treatment program.  You may be entitled to receive a restricted license so long as you provide proof to the DMV that you have insurance, have enrolled in an approved alcohol program and pay a re-issue fee.

If your blood alcohol was .20% or greater, you will be required to participate in an alcohol education program for a minimum of 9 months.  If it is determined that you willfully refused to submit to a chemical test, your punishment will be enhanced by an additional 48 hours in jail.  If you have a commercial driver’s license, it will be suspended for a period of 1 year for a first time DUI conviction.  If you are under 18 years old, the term of the revocation shall last until you reach the age of 18 or for 1 year, whichever is longer.

SECOND OFFENSE

Jail:  Up to 1 year in county jail.

Fine:  Not less than $390 nor more the $1000 plus additional penalties and assessments.

Treatment Program:  Level II:  18-month long program

Drivers License:  Suspended for 2 years.

Restricted License:  Available after 12 months of suspension.

Vehicle Impoundment:  30 days at owner’s expense.

Refusal:  1 additional year suspension.

Commercial License:  Lifetime revocation.

Ignition interlock device must be installed for issuance of a restricted license.

THIRD OFFENSE

Jail:  Not less than 120 days nor more than 1 year.

Fine:  Not less than $390 nor more the $1000.

Treatment:  18 month or 30 month program

Driver’s License:  Revoked for 3 years.

Restricted License:  Eligible for non-commercial privilege after 12 months.

FELONY DUI

Jail:  Up to 3 years in state prison.

Fine:  Up to $10,000 and some additional court fees/fines.

Driver’s License:  Revoked for 4 years.

Ignition interlock device must be installed for issuance of a restricted license.

Designated a habitual traffic offender for a period of 3 years.

DUI WITH INJURY/VEHICULAR MANSLAUGHTER

Cases involving death or injury are some of the most difficult cases to handle.  The victims are always innocent strangers or close friends with the accused which greatly increases the anger and degree of tragedy which the district attorney in turn focuses upon the defendant.  This type of offense impacts the community unlike any other.  Under some circumstances the driver may even be charged with second degree murder, thus invoking a 15-year to life state prison sentence.

We have the necessary experience to handle these types of cases for our clients.  Call us today to discuss your case.  Timing is crucial and the sooner we can get started the greater your chances of a positive outcome.

DOMESTIC VIOLENCE

If you have been charged with any crime that involves your spouse or someone with whom you have a dating relationship, it will most likely trigger a very serious response from both law enforcement and the district attorney.  The police routinely arrest someone and immediately slap a $50,000 bail whether the circumstances warrant it or not.  A protective order will automatically be issued thus preventing you from returning home or even contacting the other party.  Any court disposition short of a complete dismissal will almost assuredly result in you being required to complete a 52-week Batterer’s Treatment Program.  Some courts even have established a “Domestic Violence” court which you will be required to attend every few weeks to show that you are in compliance with all of the terms of your probation.

If you have been charged or have been contacted by the police about any of the following charges, you must contact our office immediately.  If you have not been charged with a crime we can work to make sure that it doesn’t happen in the future.  If you have already been arrested, we can help reduce your bail and work to bring the case to a close with minimal heartache.

• CORPORAL INJURY
• BATTERY
• VIOLATION OF RESTRAINING ORDER
• TERRORIST THREATS
• KIDNAPPING
• FALSE IMPRISONMENT
• STALKING               

JUVENILE CRIME

We handle all types of juvenile delinquency issues.  We appear at all stages of the proceedings to ensure that your son/daughter is treated fairly.  Even at the juvenile level, please understand that there are sometimes lifetime consequences that occur as a result of the charges being found true. 

As parents you can be financially liable for many of the actions of your children.  Vandalism, fights at school, theft, auto accidents, the list goes on.  Make sure your child has quality representation for both their own sake and yours.

If your son or daughter is being charged with a criminal offense take the time to call us today to sit down a talk about how to best handle the situation.

DRUGS/NARCOTIC OFFENSES

• POSSESSION FOR PERSONAL USE
• POSSESSION FOR SALE
• TRANSPORTATION
• DRUG SALES
• MANUFACTURING
• MEDICAL MARIJUANA
• ILLEGAL PRESCRIPTION DRUGS

We have handled hundreds of narcotic cases over the years.  We will examine the constitutional issues regarding any type of search and seizure and fight to keep illegally obtained evidence out of court.  Many times our clients are able to avoid jail completely, instead participating in self-improvement programs with the goal of rehabilitation at the top of the list.

For some, the business of narcotics can lead to some very steep prison sentences.  We will be a zealous advocate for you and do everything legally possible to keep you out of prison.  We do not hesitate to fight these cases out in court through law and motion or even trial. 

Even a minor drug conviction may have a lasting negative impact on your life.  Questions about criminal convictions arise on apartment applications, government loans, and graduate school applications.  Any time you volunteer to help at your child’s school, go on a field trip, or coach youth sports your conviction will need to be addressed.  It is crucial that you avoid a conviction if at all possible. 

Make sure you speak to us before you jump on that “great” deal at your arraignment.  Call us for a free consultation and learn exactly what’s at stake.

THEFT/FRAUD CASES

Our office handles all types of theft cases.  From basic shoplifting to complex real estate fraud, we have the necessary experience to guide you through the criminal justice system with as little discomfort as possible. 

We have extensive experience in credit card fraud, check fraud, embezzlement, and all other types of “white collar” crimes.  Our office has worked on some of the larger real estate and lender fraud cases now making their way to the forefront of criminal prosecution.  Quite simply, we have the required experience to handle these cases from start to finish.

Over the years we have successfully represented a number of clients charged with auto-theft, burglary, and robbery.  We understand how these cases work and are able to provide quality representation for our clients.  Bad advice in this arena can result in a number of unnecessary years spent in prison.

Call our office today to set up a free consultation. 

VIOLENT CRIMES/WEAPONS

The Newman Law Group handles all types of violent crimes.  We have years of experience handling very serious cases.  Whether your case involves arson, gang allegations, or assault with a deadly weapon, we are prepared to represent you.  We have successfully handled numerous cases involving knives, illegal firearms, and felons in possession of illegal weapons. 

Our office has represented a number of people charged under California’s Criminal Street Gang statute.  We have a proven track record that shows that we are able to handle these serious cases.  Don’t wait until you go to court before you seek help.  Call us today to set up a free consultation.

SEX CRIMES

• LEWD CONDUCT
• DATE RAPE
• PROSTITUTION
• FAILURE TO REGISTER (290)
• SEXUAL ASSAULT
• RAPE
• CHILD MOLESTATION
• INDECENT EXPOSURE
• COMPUTER SEX CRIMES
• CHILD PORNOGRAPHY

We have handled numerous types of sex cases.  You simply must speak to a lawyer before you speak to the police.  Cases that can’t be made with DNA samples are usually pursued by the District Attorney due to the comments of the suspects.  A qualified lawyer can guide you through this very delicate process. 

Sometimes, even the filing of a sex-related crime is enough to destroy a person.  Don’t sit back and just hope this will all just go away.  If you have been charged, or think you might be charged, with any type of sex related offense you must contact us now. 

HOMICIDE

• MURDER
• VOLUNTARY MANSLAUGHTER
• INVOLUNTARY MANSLAUGHTER
• VEHICULAR MANSLAUGHTER

This office is prepared to handle all types of homicide cases.  Realistically, the crime of murder carries a life sentence.  Depending on the circumstances, the same can be true with voluntary manslaughter.  We are prepared to stand by your side and defend you or your loved one. 

Anytime a crime results in the death of another person you had better be ready to defend your actions.  Due to the gravamen of the offense and the potential punishment, you must have a skilled lawyer by your side.  When the results of the case can alter your life and the lives around you, it’s a smart move to schedule a free consultation.

PROBATION VIOLATIONS

Regardless of the circumstances of the violation, our office will do everything possible to keep you or your loved one from being sent to prison.  There are many alternatives to prison and we have been very successful in working out compromises for our clients.  Don’t let yourself be treated as though you don’t have any rights at this stage of the proceedings.  There is always time to negotiate. 

CLEARING YOUR RECORD

A criminal conviction on one’s record can continue to have devastating consequences long after the case has been completed.  If you were granted probation, there is a very strong likelihood that your criminal conviction can be “removed” from your record.  In many cases, your felony may even be reduced to a misdemeanor. 

If you have substantially completed your probationary period without any violations, we can petition the court for an early termination of probation.  If this request is granted, we can immediately seek to have the case reduced to a misdemeanor and expunged from your record. 

Sometimes a person is arrested and never charged.  However, this arrest will keep popping up every time somebody is subjected to a background check.  There are some situations which we can request that an arrest record be sealed and request that the court make a factual determination that the accused is innocent.

If you have been sent to prison as a result of a plea bargain or conviction after trial, we can help you obtain a Certificate of Rehabilitation and apply for a pardon.

If your criminal record is making your life difficult, don’t hesitate to call us to see if we can help.