Los Angeles DUI Lawyer Blog

A criminal case on your record can be damaging to all aspects of your life. It could make it difficult to find a job, obtain a loan, purchase a house and often with your friends and family. However, under certain circumstances and situations with the help of knowledgeable Los Angeles Criminal Defense attorney, you may be granted an Expungement and have your case dismissed.

California law allows a defendant who has been charged with a crime to re-open the case, set aside the plea and dismiss the case. In most states a granted Expungement "seals" the records so that they are no longer available to the public. However, in California, it does not erase the criminal record but changes the finding of guilt to a dismissal, that is, if you meet the qualifying criteria.

In order to qualify for an Expungement, the defendant must have completed all probation requirements and have paid all court ordered fines and restitution. Additionally, the offense being expunged must not have required any time in State prison to be served and the defendant must not currently be charged with a crime.

The defendant may have to appear in court before a Judge. Although the underlying matter being expunged is Criminal, Expungement is a considered a Civil matter. The judge, after reviewing eligibility, may grant the request for Expungement if it is in the best interest of justice to do so.

If your record is Expunged, the cases is not erased from you public record, but will not read that the conviction was later dismissed. This allows defendants to honestly answer questions about criminal history when asked. If a defendant is charged with the same crime again, the Expungement will be reversed and it will count against you on your record.

Expungements require paperwork and oftentimes an appearance before a Judge to make a powerful argument as to why it is in favor of justice to have the case expunged. An experienced Los Angeles Criminal Defense attorney has argued thousands of Expungement cases and is familiar with the process and is able to prepare a strategic defense tailored to the specific facts of your case.

In California the courts tend to prefer drug treatment over a jail sentence for those charged with drug offenses. The hope of the court is to rehabilitate the offender rather than punish them by a sentence which could increase the probability of a second offense. Depending on the specific facts of your case an experienced Los Angeles Criminal Defense attorney will be able to tell you if you qualify for one of a few alternative sentences.

Many drug offenders qualify for Proposition 36. Proposition 36, California's Substance Abuse and Crime Prevention Act, allows those that have simple drug possession charges and are first or second time offenders to complete a substance abuse program instead of serving jail time. The programs are quite extensive and may include up to one year of education classes, therapy, inpatient or outpatient care and up to six months of aftercare.

Another alternative that may be available is referred to as a Deferred Entry of Judgment (DEJ). When granted a DEJ, the defendant pleads guilty, but is not convicted. The case is put on hold for 18 months and set aside. The defendant must then complete six months of a substance abuse program as well as avoid any additional convictions or charges. After 18 months are over, and the six months of a substance abuse program have successfully been completed, the charge is wiped clean.

The defendant also has the option of completing a Supervision and Treatment program. The program is divided into stages and as each stage is completed the defendant receives additional freedoms. At the end of the program, the charge is dismissed if the defendant has adhered to all guidelines and followed all requisite stages.

One of these alternatives may be available to you in which case your charges could be dismissed leaving your record completely clean. Consult a knowledgeable Criminal Defense attorney who has been practicing for over thirty years and has dealt with thousands of drug possession cases. The attorneys at Hoffman and Associates make daily appearances in all criminal courts in Southern California and have built up a solid reputation in the legal community, a value that is reflected in the zealous advocacy our attorneys provide and the desired results we get our clients. Give our office a call today, and give your case the best possible chance in getting dismissed.

An experienced Los Angeles Criminal Defense Attorney has extensive knowledge of the defenses that may potentially apply to a marijuana possession charge. Consequently the case may be dismissed so that you have no conviction on your record.

Most defenses will only be helpful in cases where the amount of marijuana found in possession was less than an ounce. When it is such a small amount, there is a higher chance to persuade the Judge and Prosecution to dismiss or reduce the charges with a powerful and strategic argument. Hoffman and Associates has handled thousands of cases concerned with drug possession over our thirty years of practice. Many have led to dismissal due to the successful and zealous advocacy of our skilled attorneys.

Our attorneys immediately get to work preparing a defense that will most benefit our clients. We begin negotiations with the prosecutor right away and discuss the opportunity for informal diversion. Informal diversion is an agreement that the defendant will attend Narcotics Anonymous or similar meetings in exchange for the charges being dropped. It is far better than court ordered, formal Judgment because it avoids lots of time, and costs as well as the charge itself.

Additionally in many cases the evidence found, i.e, the marijuana, may not be admissible in court if it was seized illegally and in violation of your fourth amendment rights. In this case, it would be difficult for prosecutors to bring a case against you and will result in reduced or dismissed charges.

In many cases, skilled attorneys who know the prosecution and Judges well, like Ron Hoffman, are able to plea bargain with the prosecution to drop the higher charge of possession in exchange for the defendant pleading guilty to a smaller charge, which is often an infraction.

If no defense seems plausible, an attorney might strategize to ask for a jury trial depending on the specific facts of the case. All defendants in criminal cases have the right to a trial by jury. However, for cases as small as those with less than an ounce of marijuana, prosecution rarely expends the time and expense it takes to carry out the trial and will usually dismiss the case.

These are a few of the methods in which a marijuana possession charge under one ounce may be reduced or dismissed. An attorney with a solid reputation and years of experience will give you the best possible chance at obtaining the outcome you desire. The attorneys of Hoffman and Associates have been fighting on behalf of the rights of clients in similar situations as you. Come meet with one of the attorneys today, we are confident you will find the legal representation you are looking for and can have confidence in.

Many of my clients ask me what it means for those charged with a Federal drug possession charge, especially in regards to charges involving Medical Marijuana in California.

A great majority of marijuana cases are handled by state prosecutors, it is only under certain circumstances that the Federal government may choose to get involved. If there is a very large quantity of marijuana that was found in the possession of the defendant, it would be a matter in which the Federal government would prosecute. Similarly, if it involves international matters, such as crossing national borders with marijuana in possession or the intent to sell the issue becomes one that is no longer in the hands of the State government. If the charge concerns Federal property such as a national forest or other protected grounds, Federal agents would be the ones who take over the investigation from the State officials and prosecutors.

If the case becomes one for Federal court, certain defenses available in State court are no longer viable. Medical marijuana and California Medical Laws are not recognized as defenses. So it is as beneficial as possible to hire a California Criminal Defense attorney who can powerfully argue in your favor and strive to keep the case in State court.

The potential consequences of a Federal drug possession charge is also something that you should fight hard to reduce or avoid if you find yourself in that situation. Penalties can range from 0 to 20 years in the State prison depending on the amount of marijuana that was in your possession and several other factors such as Criminal background, level of involvement and age.

An attorney experienced in Marijuana Possession cases and familiar with the legalities of Medical marijuana can zealously argue your case in court so that you are shown in the best possible light. The knowledgeable attorneys at Hoffman and Associates immediately get to work collecting positive letters and acknowledgements from your family and friends in order to present to the Judge the person you really are, outside of the criminal charge. We offer FREE CONSULTATIONS so that you can learn what options and consequences lay before you and what we can do for you. Contact our office today!

California law requires that any driver in involved in an accident, regardless of fault, stop and exchange drivers license, registration, and proof of insurance. These requirements are set out in California vehicle code section 20002.

The law offices of Hoffman and Associates specializes in representing drivers facing possible hit-and-run charges by not complying with the law. Popular reasons given for not stopping are lack of auto insurance, fear of getting arrested for a driving under the influence charge, driving on a suspended license, and having outstanding failures to appear or warrants for their arrest.

Regardless of the reason that a driver did not stop, WE CAN HELP ! One of the common and most frequently asked questions by potential clients is whether they made a mistake by either confessing to the police about their leaving the scene of an accident, or telling the police a fabricated story in an effort to absolve themslves from responsibility. A popular alibi is that their car was stolen, which further complicates such a hit-and-run case by adding charges of filing a false police report or insurance claim.

There is one significant reason that drivers finding themselves in this situation should consider before contacting the police to be cooperative or to ease their conscience. Any statements made by a driver to the police can be used as legal admissions of their guilt often laying a foundation for a criminal prosecution of a misdemeanor (non-injury) or a felony (serious injury) hit-and-run.

A hit-and-run defense attorney has the luxury of gathering valuable information about the accident from the police including how the accident happened, extent of damages to other cars or personal property, and any injury claims by the other parties. Statements made to the police by an attorney on behalf of the driver are not legal admissions of responsibility, and cannot be used against the client should criminal charges be filed.

An experienced hit-and-run attorney knows what to say, and more importantly is aware of what not to say to the police. An effective counsel can facilitate and negotiate in many cases, an informal restitution of damages suffered by the other party, and if aggreeable, resolve the matter without being referred to the prosecutor for the filing of charges. Upon the successful negotiation of a civil compromise, the client benefits by avoiding the far more expensive and potential serious consequences of a hit-and-run conviction.

Taking advantage of our firms FREE PHONE OR OFFICE CONSULTATION on any legal matter, can help you understand the various stages of resolving this type of case, and the options and benefits in being cooperative and proactive in resolving this legal issue.

In DUI cases involving no alcohol, and solely marijuana, the prosecution has a harder time making a stronger case. This is because State law has determined that a person with a Blood Alcohol Level of .08% makes a driver too impaired to drive. There is no set amount of marijuana that causes a person to be too impaired to drive and so the standard is subjective and relies on various factors. Consequently, an experienced Los Angeles Criminal Defense Attorney has the knowledge and expertise to create a powerful defense, to get a case reduced or even dismissed and in the very least penalties that fall at the lower end of the spectrum.

When pulled over for suspicion of driving the under the influence, you will be given the option to choose a breath or blood test. Criminal Defense attorneys who have handled thousands of marijuana cases will recommend that you take a breath test, as it does not register the THC found in marijuana as readily.

The penalty for Driving under the Influence of marijuana is the same as alcohol. For the first offense, there is a maximum of six months in jail, and a fine of $390 to $1000. In addition, your license will be restricted or suspended and probation will be imposed for three years. If you are under 21 years of age, the sentence will be harsher.

Consult a Criminal Defense attorney regarding the intricacies of marijuana law. It is a highly debated field in California as it is just a fairly new area of law.

Although a great number of marijuana drug charges in California involve possession, there is a vast number of charges under California Health and Safety Code 11358 to 11361 involving marijuana that do not center around possession. An experienced Los Angeles DUI and Criminal Defense attorney has not only argued hundreds of cases regarding marijuana charges, but has gained an extensive knowledge of the different exceptions and defenses articulated by law.

California Health and Safety code 11358 criminalizes the planting, cultivation, harvesting and growing or any related action of marijuana and may be punished by imprisonment. Additionally, California Health and Safety code 11359 makes it a criminal charge to possess marijuana for the purpose of sale. Under section 11359 a person may be punished by imprisonment in state prison.

Transporting, importing, furnishing, selling or giving away marijuana into this state yields a much harsher punishment. Equally punished is someone who offers to transport, import, furnish, sell or give away marijuana. Both charges will bring a sentence of imprisonment in state prison for two to four years.

As is the case with simple marijuana possession charges, there are legally mandated exceptions under the Compassionate Use Act of 1996. Medical Marijuana prescribed by a licensed physician under specific circumstances allows certain defenses for those charged under the Health and Safety Code.

To assure that your rights are protected and you are given a powerful argument under any applicable exception or defense, put your case in the hands of a Criminal Defense attorney who has been in and out of criminal courts in Southern California for over thirty years. At Hoffman and Associates, we have built a solid reputation among the Judges and Prosecutors in all criminal courts, a value which we bring to you in the form of outcomes and results on your case that you want!

The potential consequence for a Los Angeles Drug Possession charge, varies upon several different factors. Consequently, the final sentence will be different for each defendant and will fall within a wide spectrum.

California Health and Safety Code 11357 states that anyone found carrying concentrated cannabis may be penalized by not more than a year in county jail, and/or a $500 fine. In certain situations, a defendant may be sentenced to imprisonment in State Prison.

Someone who is found with more than 28.5 grams of marijuana, other than concentrate cannabis will be guilty of a misdemeanor and punishable by no more than $100 fine for a first offense. For offenses other than the first offense, the final sentence will be towards the harsher end of the spectrum in comparison to the first offense which will be on the lower end. Anyone found carrying more than 28.5 grams of marijuana, other than concentrated cannabis will be guilty of a felony and sentenced up to six months in county jail and/or up to a $500 fine. Similarly to a misdemeanor charge, a second or third offense will be treated with a stricter punishment.

A Judge will consider the facts of the specific case, Prosecution's argument and the powerful defense provided by a Los Angeles Criminal Defense attorney. An experienced attorney will get to work immediately preparing a powerful argument that portrays you in the most positive light. At Hoffman and Associations we have been representing clients on drug possession charges all over Southern California for over 30 years. We have a solid reputation after handling thousands of cases similar to yours so that you have the confidence you want in a criminal attorney and see the results you want!

Hoffman and Associates is a Los Angeles and San Diego based law firm specializing in protecting our clients facing drunk driving charges, as well as all criminal charges.

The scope of this blog is not to discuss the pros or cons of pleading guilty or no contest in any particular clients case, since the merits and facts of each case would need to be evaluated to determine the strength or weakness of a criminal prosecution, and whether or not a plea is in the best interest of the client. A careful analysis of any factual evidence, any blood or alcohol test indicating the presence of alcohol and/or drugs, and any witness testimony favorable to our clients.

There are three ways a person in a DUI or Criminal Case can be found guilty. At a court trial a judge after hearing all facts of the case presented by the prosecutor and the defense attorney find the defendant guilty beyond a reasonable doubt.

Secondly, at a jury trial consisting of a panel of 12 citizens hearing the case presented by the prosecutor and any defense put on by the defendant, a unanimous verdict of guilty is returned. It only takes one juror, who believes that the prosecutor has not proved its case beyond a reasonable doubt for guilt, to create an undecided or hung jury. In this case, the judge orders a mistrial and it is up to the prosecutor whether to make a decision whether to retry or dismiss the case.

Where a guilty plea, or finding by a judge or jury determines that the facts demonstrate th is run at the defendant is guilty beyond a reasonable doubt, the defendant is found guilty.

A no contest plea is a type of plea where the defendant accepts responsibility, but does not admit to the truth of all of the facts contained in the police reports. This decision is made when the defendant feels it is in his best interest to accept the benefits of a plea bargain, which protects the client from a greater potential consequence or penalty.

A no contest plea should always be entered regardless of the facts, in any case where It is nan accident and or any potential injury is present. This type of plea protects the driver in the event that a civil suit is filed against the driver to recover damages for property damage and/or personal injury. This type of plea cannot be used in any manner against the driver in the event of a civil suit, and still allows the driver and his insurance company to even contest liability for causing the accident. A guilty plea, could be used against a driver in a civil suit which is never helpful. I'd yet to her son

Hit and Run accidents are more common than people tend to think. According to statistics from the Federal Department of Transportation they have increased by 15% since 2000. Additionally, the federal statistics indicate that California has the highest number of accidents resulting from Hit and Runs. With so many offenses, the need for a highly skilled Los Angeles Criminal Defense attorney is necessary to prepare a civil compromise and prepare the best strategic defense possible.

There are many reasons people tend to commit Hit and Run offenses, including not having a valid driver's license, have had their license revoked, can't or haven't paid their insurance, and many people who don't qualify for a driver's license in the first place. These are often the driving motivation for people to leave the scene after an accident, resulting in a Hit and Run. Fortunately, the majority of these accidents leaves damage to property more than persons, however, even the smallest injury to a person still causes great damage.

An experienced Los Angeles Criminal Defense attorney has handled thousands of Hit and Run cases. A knowledgeable attorney, like Ronald Hoffman, can provide a powerful defense and zealously advocate your case so that you see reduced charges or a dismissal. Our firm immediately gets to work convincing the injured party to drop charges and seek restitution outside of the court system. As a result we are able to prepare a civil compromise and present it to the prosecution which will not only strengthen your case and its chances for dismissal, but weaken prosecution's desire to bring the case to court. Our goal from the beginning of your case through to its completion is to quickly take action, get the charges dropped and avoid any charges being put on your record.

Ensure that your record remains clean, especially when the injured party has agreed to seek reimbursement outside of the judicial system. There is no need to be charged in criminal court when both parties have made amends. Contact our office for a free consultation and learn what we can do for you without cost of obligation!

Having Marijauna in one's possession is illegal in the state of California, punishable as a misdemeanor or felony based on the concentration and amount of marijuana found. However, a Los Angeles Criminal Defense attorney can advise you that California law allows for certain situations in which carrying marijuana is legal and not punishable by law.

Prop 215, also known as the Compassionate Use Act of 1996, is embodied by law in the California Health and Safety Code Section 11362.5. The Act was enacted to allow for seriously ill Californians to obtain marijuana prescriptions that provide a natural and efficient remedy to certain illnesses. The prescription must be given by a licensed physician and the patient must qualify with an illness listed under the relevant legal section.

Even with a valid prescription to grow and carry Marijuana, restrictions still arise which can lead to criminal charges if violated. The Act does not supersede legislation enacted to prohibit persons from acting in a manner which endangers others. Additionally, Marijuana bought with a prescription may not be brought within, or surrounding the grounds of any school or educations facility providing education for kindergartners through 12th grade.

Without a prescription for marijuana use, being caught by authorities will result in a misdemeanor or possible felony charge, unless you have a knowledgeable attorney to represent you and protect your rights. An experienced Los Angeles Criminal Defense attorney, who has done thousands of drug possession cases can give you a powerful argument and zealously advocate your case in court.

Having dealt with thousands of drug possession cases, the skilled attorneys at Hoffman and Associates have built a solid reputation amount the legal community and have established a valuable presence with the Judges and Prosecutors in Southern California's many criminal courts. Contact our office for a FREE CONSULTATION and learn what our firm can do for you!

A witness is anyone who observes anything. Literally, in a DUI or other Criminal Case the police officers are the star witnesses because their observations form the foundation for your arrest as well as the basis for criminal charges against you.

For example, in a DUI arrest the officer's observations the driver had been weaving or lane straddling provides the probable cause or legal reason for the traffic stop. Although police officers are supposed to be neutral and unbiased civil servants whose job is to protect and serve, that's not always the case. A police officer's job is also to build a criminal case for the prosecutor when they suspect a criminal or vehicle code violation has occurred. This can cause one to question the written the neutrality of their observations and opinions.

Theoretically, a defendant in a DUI criminal case is also a witness, but often their statements or recall of events is seen as suspect because it is often tainted because of their perceived bias to minimize or eliminate any responsibility on their part.

Anyone charged in a DUI or Criminal Case can certainly benefits by having a witness which can if they are willing to, testify to positive aspects of one's defense, or offer exculpatory evidence which can cast doubts on the observations of the officers or other prosecutor witnesses. A percipient witness is a person who actually observes events which often have led to the defendant's arrest. This type of witness is the most valuable, since they are often viewed more neutral than the defendant himself.

Another category of witness, call an independent witness can be very valuable as Well. This witness is often viewed with more credibility since they are not favoring either side, and often have no ax to grind or motive for falsification, because they often do not know any of the parties. These type of witness are viewed as just telling what they saw, without putting a spin on it, favorable to either the prosecution or defense.

Witnesses have the capacity to convince a prosecutor, judge, or jury of the truth, or lack of truth. In simpler terms, one or more witnesses can not only help show that you are innocent, but, it can also help show that you may be guilty. A careful evaluation, by an experienced Los Angeles Criminal Defense attorney, of the value of any witnesses testimony needs to be carefully reviewed and considered before introducing their testimony at a court or jury trial.

Marijuana possession is charged under California Health and Safety Code 11357 and is divided into a misdemeanor or felony charge depending on the concentration of the substance and the amount in possession. Many factors affect the charge, including the type of powerful argument made in court by a knowledgeable Los Angeles Criminal Defense attorney.
Under the applicable section, a person found in possession of concentrated cannabis will be charged with a violation of California Health and Safety Code 11357 (a), unless they are authorized by law to do so. Under section (b) of 11357, anyone found with 28.5 grams of marijuana, other than concentrated cannabis, will be charged as a misdemeanor if not authorized by law. A person found in possession of more than 28.5 grams of marijuana, other than concentrated cannabis and not authorized by law will be charged with a felony.

California law authorizes marijuana to be legally in the possession of a person who is eligible under the Compassionate Use Act of 1996 (California Health and Safety Code 11362.5). Under this act, the California legislature allows for certain persons to legally possess concentrated cannabis, or medical marijuana. Such persons must have an illness that can be cured naturally by marijuana and must have been diagnosed by a licensed physician who recommends medical marijuana as a remedy.

Marijuana possession is a serious charge and can lead to serious consequences. Having an experienced on your side can immensely help you legal argument and protect your rights in court. A highly skilled attorney, such as Ronald Hoffman, has been handling drug possession cases in Southern California for over thirty years and has built a solid reputation with the legal community and among the 29 Criminal courts in the area. Contact our office for a FREE CONSULTATION. We are confident that you will find the powerful advocacy and knowledgeable advice you seek with the lawyers at our firm!

A Criminal Case is not complete until the defendant has appeared in court for all required court dates and when sentenced probation has been completed. Oftentimes, due to circumstances out of our control, probation can easily be violated causing the Defendant to appear in court and have the Criminal Judge decide on what further action will be taken.

An experienced Los Angeles Criminal and DUI Defense Attorney has helped thousands of clients receive a lower sentence including a favorable and minimal probation. Furthermore, they have also helped thousands of clients make powerful arguments in front of the Judge to reinstate their probation when it has been violated.

Probation may be violated in several different ways and is often imposed from three to five years depending on the specific Criminal Charge. In some cases the Defendant is charged a fine or fee to pay restitution. If this payment is not made, or untimely, a probation violation will occur. The defendant may also be asked to complete certain rehabilitation programs, which, if not completed will result in a probation violation.

In certain instances specific rules may be imposed and if violated will lead to a probation violation charge, as will a failure to appear in court when asked to do so by a Judge. Another action that will be grounds for a probation violation is if a defendant fails to report to an officer, if it is part of their probation requirements.

Some violations will be of a more serious nature and will therefore lead to harsher consequences. If a defendant on probation is caught with an illegal substance, found committing another crime, or arrested, the result of such misguided actions will not be taken lightly by the Criminal Court.

Whether the probation violation is on the higher end of the spectrum or towards the lesser degree, it is smart to have a knowledgeable Los Angeles DUI and Criminal Defense Attorney on your side. A Lawyer, such as Ronald Hoffman, has been practicing Criminal and DUI Defense for over thirty years and has built a solid reputation with the Judges and Prosecutors throughout Southern California. He knows how to build a strong and strategic defense for your specific case and can get your probation reinstated without further consequences. Call our office for a no obligation consultation today!

Driving under the influence of alcohol or even drugs Is the most commonly committed criminal offense in the United States. That being said, it is easier to understand why many courtrooms throughout California are filled with drunk driving cases each day. There in lies the problem. In these high-volume courtrooms, especially in major cities like Los Angeles, prosecutors have very little time to read and review the details of each case .This can be a benefit to clients.

The benefit is that in these very busy Courts, prosecutors and judges are forced to spend increasingly less and less time in reading and reviewing as well as evaluating each case on its individual merits. In my over 30 years of courtroom experience as a drunk driving defense lawyer, that actually benefits my clients each day.

Generally in police arrest reports, there is only negativity, rarely are police officers writing about the positive elements of the person they're arresting. Their focus is to build a case to prosecute, rarely to assist the defendant in minimizing the appearance of their conduct.

The downside... generally in high-volume courts defendants are viewed more like case numbers and not like people. When this occurs, there is often no personal information about the defendant or any mitigating circumstances like the positive background of the client, job, lack of criminal record, family or other favorable information. Once this positive information is infused by an effective and experienced defense lawyer, a more favorable and balanced view of the client, always leads to better results.

At Hoffman and Associates our firm of skilled and highly effective advocates begin from the day were retained to develop all possible favorable information, not only about the facts of the case, but also about our clients background. This creates a foundation for building a defense for each client. We commonly ask our clients at the beginning of our representation to provide as with character reference letters, resumes, letters from employers, and any other positive information to show a more positive side of our clients background, contrasting the negativity of the information contained in an arrest report.