Violations of California Vehicle Code 23152(a) and (b) are typically charged after a person is stopped by the police and, after some investigation, they have probable cause to believe that person has been operating a vehicle while under the influence of alcohol. Hiring a private attorney to assist in a DUI case can make the process easier because an attorney can clarify the confusing DMV and court processes. In some cases, an attorney can negotiate a lower charge or lighter sentence with the DA.

Charges such as PC 488 Petty Theft, PC 166 Contempt of Court, and even PC 242 Battery, can be diverted at the discretion of the court under PC 1001.95. This means that in some cases, a judge may grant a motion by the defense for diversion, which suspends criminal proceedings for a set period of time. This period cannot exceed two years. Typically, in Santa Clara County, diversion will include some terms such as community service hours and a class. Talk to an attorney to see whether diversion might be right for your case.

If you are facing criminal charges in a domestic violence matter, the best path forward will always begin with proactive treatment. It will help your case to begin an online Domestic Violence Awareness Program as soon as possible. An attorney can help leverage such actions in your favor.

Anyone can file a request for a domestic violence restraining order as long as they meet certain criteria. First, the person requesting the order and the person they want to restrain must have a qualifying relationship. If a person is your sibling, parent, or a romantic partner, that relationship qualifies for a domestic violence restraining order. Second, the person must allege abuse as defined under Family Code 6200, also known as the Domestic Violence Prevention Act. If you want to seek a restraining order, contact an attorney or your local Family Court Self-Help Center.

If you are facing a serious criminal charge, there is hope. Every case is different, but with diligent work and negotiation, it is sometimes possible to reduce these charges to misdemeanors or divert the case when mental health issues are involved. For more information, please contact us.