THE CRIMINAL DEFENSE SPECIAL REPORT

7 THINGS THAT THE YOU MUST KNOW ABOUT YOUR CASE

1. WHAT IS THE DIFFERENCE BETWEEN A FELONY AND A MISDEMEANOR?
In California there are two types of crimes. A felony is a crime which is punished as imprisonment in the state prison. A misdemeanor is a crime which is punished as imprisonment in the county jail not exceeding one year. In California many crimes are punished as either a felony or a misdemeanor. These types of crimes are called “wobblers.” Depending upon the facts of a particular case, it is not uncommon to have the charges reduced from a felony to misdemeanor.

What If I have been charged with a Felony?

** There are two ways for a person to be charged with a felony. One is through grand jury indictment.

The other is through the filing of a criminal Complaint. Once a Complaint is filed, you are brought to court and arraigned on the Complaint.  You have the choice to enter a a plea of guilty, no contest, or a not guilty plea. You may also ask for more time to hire a criminal defense lawyer.  If you enter a guilty or no contest plea, you will most likely be sent to probation for preparation of a pre-sentence investigation report. If you enter a not guilty plea, a preliminarily hearing will be set. A preliminary hearing is simply a check on the prosecutor’s power to charge a person with a serious crime. At the preliminary hearing a judge sits as a magistrate and determines two issues:

             (1) Was it more likely than not a crime was committed? and
             (2) Was it more likely than not that it was the defendant who committed that crime?

This is a preliminary finding and is not the “beyond a reasonable doubt” standard needed to convict an accused. If there is sufficient evidence produced at the preliminary hearing, then the defendant is held to answer and a new document called an Information is filed. The defendant is then arraigned on the Information and a trial date is usually set. As you can read, a felony accusation is very serious.

What if I have been charged with a Misdemeanor?

A misdemeanor is still a very serious matter. Typically a Complaint is filed and you are notified of the arraignment date.  At the arraignment, the charges are read to you and you have the choice of either entering a plea of guilty, no contest, or a not guilty plea;  or you can ask for more time to speak to a defense lawyer.  At the arraignment a pretrial hearing may be set followed by a trial, if necessary.

2. CAN I GET THE BAIL REDUCED OR CAN I BE RELEASED ON MY OWN RECOGNIZANCE?
- Everyone accused of a crime has the right to reasonable bail pursuant to the Eighth Amendment of the Constitution. The posting of bail is to reduce a flight risk and to ensure public safety.  Bail is typically set according to the county bail schedule; however, depending on the facts of the case, a motion to reduce the bail or have the accused released on his own recognizance (O/R) may be appropriate. If you have questions regarding this procedure, please contact a tri-valley criminal defense attorney at my office.

3. DO I HAVE TO GO TO COURT?
- If you have been charged with a felony, you must personally appear in court. However, depending upon your circumstances the judge may allow you to execute a waiver of personal appearance pursuant to Penal Code section 977. This form must be executed in open court.

If you have been charged with a misdemeanor other than domestic violence, an attorney can appear for you. You never have to go to court if you do not want to.

4. DO I REALLY NEED A LAWYER?
- Hiring a good criminal defense lawyer is always to your advantage. Remember, the district attorney is a lawyer. Having a defense lawyer on your side who is looking out for you is the safest way to make sure that you are treated fairly in this whole process that you are in the middle of; be careful. There are a lot of slick sales people out there who will take your hard-earned money and then immediately plead you guilty. You need a criminal attorney who is experienced and who will actually fight for you. You need a lawyer who has access to private investigators and independent experts who will fully investigate your case.

Will the lawyer personally handle your case?
- You will also need a lawyer who will personally work on your case. There are a lot of big city lawyers who advertise that they can represent you. Most of these lawyers refer the case out to another criminal attorney who goes to court and you will never really know who is handling your case. Again, make sure that the criminal defense lawyer you hire will personally handle every aspect of your case. You and your case deserve a lawyer who will provide the highest level of professional service.

- You also need a criminal lawyer who is known by the prosecutors, the judges, and the court clerks. A good local lawyer will make sure that your case does not get assigned to a particular judge that may punish you more severely than other judges. An out-of-town lawyer will not know which judges to avoid.

Will the lawyer keep out illegally seized evidence?
- You have Constitutional rights. If you have been arrested and the evidence has been seized in violation of your Constitutional rights, your attorney can ask the court to exclude this evidence. It is important to ask the attorney if he or she routinely makes these motions pursuant to California Penal Code section 1538.5. You and your case deserve a criminal defense attorney who actually understands the law in this area. A good way to find out is to ask the attorney if he or she has ever done appellate work with regard to search and seizure law.

Will the lawyer represent me for the entire case?
- Most lawyers only represent their clients through the conclusion of the criminal proceedings. After conviction, your case may have many confusing and time-consuming aspects, ranging from enrolling in court mandated programs, enrolling in a work alternative program, home confinement, or formal probation. You should hire a lawyer who will handle the entire case. You and your case deserve a criminal defense lawyer who will help you through the entire process from beginning until the end.

Will the lawyer evaluate my case for free and tell me truth about my case?
- It is unethical for an attorney to guarantee the outcome of a case. If your lawyer promises you a specific result, then he or she is behaving unethically and you should find another criminal lawyer to represent you. Most attorneys will offer you a free consultation or evaluation of your case. You should take them up on it. Do not feel pressured to hire them if you do not want to. Bottom line: You should at least consult with a criminal attorney before your first court appearance.

Will the lawyer take payments or credit cards?
- In today’s society, even lawyers take payment plans and credit cards. Ask the lawyer if he or she takes payments or credit cards. Lawyers are expensive. You should find a lawyer who will work with you regarding the manner of payment. Remember, you also get what you pay for.

5. CAN I PARTICIPATE IN A DRUG TREATMENT PROGRAM?
- Depending on the facts of your case, you may be eligible to participate in the following programs:

• Deferred Entry of Judgment
  • If you complete the program the entire case could be dismissed
• Proposition 36

• Drug Court

- If you have questions regarding your drug case, please a criminal defense lawyer ASAP.

6. WHAT IF I HAVE BEEN CHARGED WITH DOMESTIC VIOLENCE?
- If you have been charged with a crime involving domestic violence, you need to consult a a criminal defense attorney who is experienced in:

• Contesting criminal protective orders
• Contesting move out orders
• Contesting restraining orders
• Contesting prior “bad acts”

7. WILL I GO TO JAIL OR PRISON?
- That is always the most difficult question to answer. However, depending on the facts of your case and your particular background (i.e. first criminal offense vs. violation of parole) you may be able to participate in programs such as:

• Alcohol or drug rehabilitation programs
  • Our firm has referred many clients to these types of programs and our clients have received credit against their jail sentences
• Work Alternative/ Community Service

• Electronic Monitoring/ House Arrest
  • You would be allowed to go to work

Additionally, our firm has access to private companies who can set up electronic monitoring if necessary. If you are concerned about your liberty, please contact our office to discuss your case with our qualified California criminal defense attorney.

A NOTE FROM THE Ivan Morse
I hope that this Report will help answer some of the questions you may have regarding your criminal case. All of the answers cannot be contained in this Report.  If you have more questions about your case and would like a free and honest evaluation of your case, you must contact me as soon as possible or I may not be able to help you as much as you deserve.

Call now to schedule your free evaluation before it is too late!
(925) 828-5307

The facts of your case may be different than those listed below. As such, you should not take action based upon the examples listed below. However, the results are from actual clients’ cases litigated by me in Alameda, San Joaquin, Santa Clara and Contra Costa Counties. This list simply demonstrates that there is hope in every criminal case.

Recent Results:

DMV Hearing                                                             License Kept – no suspension

Child Molestation                                                      Reduced to disturbing the peace

Impersonating a Peace Officer                                 Case Dismissed                          

Driving with a Suspended License                            Case Dismissed

Spousal Abuse – Domestic Violence                          No Jail

The foregoing are examples only and do not predict the outcome of your case.  For more information please go to the following web site: www.ivanmorse.com

For your convenience, I will schedule after hours and Weekend appointments. You can email me 24 hours a day, 7 days a week.  I offer competitive rates and payment plans in some cases. My staff and I are here to help you.

Ivan O.B. Morse

Drunk Driving Attorney

www.ivanmorse.com

Call (925) 828-5307
 

A DUI charge can occur in an instant.  As an experienced DUI lawyer, I work quickly and diligently to help individuals charged with impaired driving.  Contact me, Tri-Valley drunk driving attorney, Ivan O.B. Morse today for a free case evaluation.  For your convenience, I am available 24 hours a day, 7 days a week by phone, 925.828.5307.

At the law office of Ivan O.B. Morse, I represent clients concerning:

• DUI license suspension hearings
• Criminal DUI charges

License Suspensions

Citations for driving under the influence based on a failed breath test or other field sobriety test, result in the issuance of a notice from the DMV regarding its intent to suspend your license.  Failure to request a DMV hearing regarding your licenses suspension within 10 days of receiving a DUI ticket results in a 30-day license suspension. It is important to contact me, Ivan Morse, Dublin, California, DUI lawyer immediately regarding how to protect your rights.

Criminal DUI Charges

I work quickly to request administrative hearings on behalf of my clients and thoroughly represent them at that hearing. I interview my clients to learn the facts of the case and to determine if any legal rights or procedures were violated, including search and seizure laws and Miranda warnings.

I obtain forensic alcohol experts to analyze the blood sample for preservatives, contamination, and blood alcohol content, and to testify regarding the accuracy or maintenance of the breathalyzer or other alcohol testing equipment. In addition, I question the officers regarding their training and their ability to conduct an accurate field sobriety test. I also order the CAD log to determine the accuracy of their statements.

Results

I work diligently to assert factual defenses, legal defenses, or both. In addition, I work with the prosecutor to negotiate a reduced sentence or an alternative sentence, such as in patient treatment, in home monitoring, electronic monitoring, or work programs to keep my clients out of jail. Depending on a conviction or plea agreement, all individuals in a DUI arrest or DUI accident will face 3, 6, or 9-month alcohol classes.

I Can Help

Because a significant part of my practice involves DUI laws, I keep up with the changing laws and regulations regarding DUI manslaughter, vehicular homicide, and drunk driving. For aggressive, knowledgeable, and experienced representation, contact me, Tri-Valley drunk driving attorney, Ivan O.B. Morse.  I offer reasonable rates and free case evaluations.

Ivan O.B. Morse

Attorney at Law

www.ivanmorse.com

How to Save Your Drivers License

California DMV Attorney

ARRESTED FOR DUI
in Alameda, Contra Costa, or San Joaquin Counties?
Call a California DUI Attorney at (925) 828-5307

HERE IS HOW YOU CAN SAVE YOUR DRIVER'S LICENSE:

At the law office of Ivan O.B. Morse, Attorney at Law, in Dublin, California, I defend clients charged with a DUI / DWI. I defend clients throughout Northern California.  See page 7 below for a more comprehensive list of Counties and Cities that I serve.  Contact a California DUI attorney today to learn how I can help you save your driver's license!

WARNING!: YOU MUST REQUEST A HEARING WITHIN 10 DAYS OF YOUR ARREST
** The DMV Form that the police officer handed to you states in bold that you have 10 days to request a hearing. If you do not request a hearing within 10 days of your arrest, your chance to save your license will be gone and you may never have a real chance to fight it. In order to prevent the DMV from suspending your license until after the hearing, you must request a hearing within 10 days of your arrest. This will stay the suspension until the hearing is held and a decision made. This is probably the most important step you can take to protect your license. You should have an experienced DUI attorney handle this for you (lawyers have a direct line to the DMV and can do this for you quickly)! I have even heard of DMV employees telling people not to request a hearing. Since this is so important, if you contact my office we will do it for you for free.

YOU CAN WIN YOUR DMV HEARING: IT’S WORTH FIGHTING THE DMV!
** Contrary to what it reads on the DMV Form, you do not have to show that the driver's license suspension is not justified. The burden is on the DMV to show that the suspension is justified. This statement is misleading and an inaccurate statement of the law. It is intended to dissuade you from requesting a hearing. In fact, according to the DMV’s own statistics for a recent year, 34% of all persons whose license was suspended for DUI at the time of their arrest kept their driver’s license by requesting a hearing to fight the suspension. If you hire an experienced and knowledgeable driver's license suspension lawyer, the odds of winning the hearing increase to between 40% and 70%, depending upon the skills of the lawyer, hearing location and the particular hearing officer.

Please read more about being arrested in California for DWI / DUI in the DUI Report listed above.

Call now to schedule your free evaluation before it is too late!  (925) 828-5307

You must call the DMV within 10 days of your arrest! For your convenience, I will schedule after hours and Saturday appointments. You can email me 24 hours a day 7 days a week. We offer competitive rates and payment plans in some cases. My staff and I are here to help you. 

Ivan O.B. Morse

www.ivanmorse.com

Call (925) 828-5307

REPRESENTING PEOPLE CHARGED WITH A CRIME IN

NORTHERN CALIFORNIA

Representing CLIENTS in Northern California who reside in counties that include, but is not limited to, the following counties:  Alameda County, Contra Costa County, Santa Clara County, San Joaquin County, San Francisco County, Marin County, San Mateo County, etc.

The foregoing counties include, but are not limited to the following cities: Dublin, Pleasanton, Livermore, Tracy, San Ramon, Danville, Alamo, Pleasant Hill, Alameda, Berkeley, Fremont, Hayward, Newark, Oakland, San Leandro, San Lorenzo, Sunol, Union City, Antioch, Bethel Island, Brentwood, Byron, Canyon, Clayton, Concord, Crockett, Danville, Diablo, El Cerrito, Knightsen, Martinez, Moraga, San Francisco, Oakley, Orinda, Pinole, Pittsburg, Port Costa, Richmond, Rodeo, Walnut Creek, Stockton, Lodi, South San Francisco, Marin, San Mateo, etc.