Criminal Law

• Criminal Defense
  In general, criminal law offenses can be broken into broad categories, including offenses against the person, offenses against the habitation (e.g., residence or dwelling), sex offenses, and property offenses. Among the property offenses are the common law theft crimes of larceny, embezzlement and false pretenses. Differentiating among these crimes is challenging, and the distinction essentially rests on the way the property is misappropriated, including whether or not title passes to the offender. Each of these three property offenses are typically separated into two degrees, grand and petty, depending on the value of the property taken. A “grand” offense is generally a felony, punishable by one or more years in prison, while a “petty” offense is a less serious misdemeanor.
• DUI/DWI
  You are driving down the road, or are involved in an accident and the Highway Patrol or local police contact you. Typically they will ask you if you have had anything to drink. Whether you say “yes’ or they think you have, they may begin a DUI investigation.  After asking some “investigatory” questions, they will have you perform a set of field sobriety tests. This may or may not include a breath test in the field. When you have failed the tests, they will put you in handcuffs and arrest you. They will then take you to a police station, jail or hospital for a further breath or blood test. If you are lucky, they will allow you to be released to a friend. If not, particularly in Alameda County, they will put you in a jail holding cell for 12 or more hours. The officer may take your driver’s license and give you a temporary license. You are also given a notice or citation with a court date.
• Traffic Violations
  Getting a traffic ticket can be a headache. For some people, it can result in losing your driver’s license and increased insurance costs. Many times you get a ticket you don’t deserve in an area where it is difficult for you to go to court**.
• Sex Crimes
• Fraud
  Bankruptcy fraud has become a common way for debtors to abuse and manipulate a system that was intended to help the truly indebted manage overwhelming financial liability. Considered to be both a civil and a criminal offense, committing... Read more.
• Burglary
• Theft
• Misdemeanors
  Expungment. There is no true expungment in California.  What people refer to as expungment is really petitioning the court where a guilty plea or conviction, or a no contest plea are withdrawn and the case is dismissed. This can be done for infractions and most misdemeanors and felonies. If the probation period has run and there have been no violations, in most cases the court will grant these petitions. For some violations the court must find there is an interest of justice before granting the petition. Once a case is dismissed you can answer a question on a job application about misdemeanor or felony convictions with “No”.  A prospective employer cannot consider the conviction in hiring an individual. (Penal code section 1203 et seq.)
• Embezzlement
  Embezzlement is sometimes referred to as a “larceny of assets” (money or property), and was not originally a common law crime. One of the fundamental differences between embezzlement and larceny is that the person taking the property already has lawful possession. The elements of embezzlement are as follows...
• Drug Crimes
• Assault
• Shoplifting
• Hit and Run