Hayward, California Criminal and DUI Defense Lawyer
Lynn Gorelick
Hayward, California Criminal and DUI Defense Attorney Lynn Gorelick of the Law Offices of Allan Gorelick specializes in handling a wide range of DUI and other criminal matters, no matter how large or small. She has a well-earned reputation for fighting hard for each client and obtaining the best possible results, whether that means preventing a charge from being filed, taking a case to trial, or negotiating the best possible deal.
- Drunk Driving/ DUI
- License Suspensions
- DMV Hearings
- Domestic Violence
- Spousal Battery
- Assault
- Battery
- Sex Crimes
- Molestation
- Probation Matters
- Embezzlement
- Drug Cases
- Hit-and-Run
- Weapons Charges
- Petty Theft
- Shoplifting
- Burglary
- Robbery
Lynn Gorelick appears in all the courts of Alameda and Contra Costa Counties, as well as at Department of Motor Vehicles Administrative Per Se Hearings. In practice with her father, Allan Gorelick, their many years of practicing law in the San Francisco Bay Area have allowed them to build solid relationships with Judges and other Court personnel. They have earned a superb relationship within not only the legal community itself, but with the public at large. The Law Offices of Allan Gorelick was voted the "Best Law Firm" by the Alameda County Newspaper Group SIX years in a row!
For most people, a DUI arrest brings a high level of fear. The very thought of being in jail raises concerns about personal safety and the suspension or revocation of a driver's license can have ruinous consequences on many levels. People sometimes lose their jobs, and the financial implications of a DUI can be staggering. If you are arrested for drunk driving, you need a lawyer who knows your concerns and will fight for your rights.
- DUI with Refusal - Not Guilty on All Charges
- DUI with .25 Blood Alcohol - Not Guilty on All Charges
- DMV Hearing with .32 Blood Alcohol - No License Suspension
- DMV Hearing with Refusal - No License Suspension
Remember, if you were charged with Driving Under the Influence of Alcohol you have TEN (10) DAYS to contact the Department of Motor Vehicles in order to request a hearing and save your license. Attorney Gorelick is happy to help you - at no obligation - to request this hearing and protect your rights.
"I will personally handle your case from start to finish. I want to help you stay out of jail, keep your driver's license, and help return your life to normal as soon as possible. I appear in all the courts of Alameda and Contra Costa Counties, as well as at Department of Motor Vehicles Administrative Per Se Hearings. In practice with my father, Allan Gorelick, our many years of practicing law in the San Francisco Bay Area have allowed us to build solid relationships with Judges and other Court personnel, and we have earned a superb relationship within not only the legal community itself, but with the public at large -- we were even voted the 'Best Law Firm' by the Alameda County Newspaper Group SIX years in a row!"
--Attorney Lynn Gorelick
There is never a charge to talk with Lynn, so call today for your FREE consultation. In addition, VISA, MasterCard, American Express and Discover cards are accepted.
If you or someone you know needs the skilled legal representation of an experienced Hayward, California Criminal and DUI Defense Lawyer, call Attorney Lynn Gorelick today at 866-731-9214, or complete the contact form provided on this site to schedule for your free consultation.
Practice Areas and Legal Definitions
Driving Under the Influence (DUI):
DUI stands for Driving Under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI charge typically results in higher insurance premiums and an offender may become ineligible for credit.
Driving with a Suspended License:
Driving with a suspended or revoked license is usually charged as a serious misdemeanor punishable by substantial fines and up to a year in jail. Under some circumstances, as where someone is killed or injured in an accident caused by a driver whose license is suspended or revoked, the offense can be charged as a felony, with a high fine and a possible state prison sentence. Fines and jail sentences are typically heaviest in cases where the license suspension or revocation resulted from a traffic offense involving alcohol and/or drugs.
Reckless Driving:
Reckless driving is operating a vehicle with willful or wanton disregard for the safety of others or the property of others. It generally involves drastic misconduct on the road, such as driving on the wrong side of the road or driving at dangerously high speeds. It is generally charged as a misdemeanor, punishable by a fine and a local jail sentence. It sometimes results in a driver's license suspension or revocation, and it very often results in the cancellation of insurance. Automobile insurance companies know that people who drive “recklessly” are more likely than others to get in traffic accidents. Also, “reckless driving” convictions are commonly seen as part of a plea bargain in which an initial DUI charge is “reduced” to reckless driving.
Hit and Run Driving:
Hit and Run Driving is a serious offense that involves leaving the scene of an accident without first stopping and identifying oneself to the other driver or drivers. It is, at minimum, a serious misdemeanor punishable by jail time and a high fine. If someone is injured or killed in the accident, hit and run driving is charged as a felony that can result in a state prison sentence. In either case the charge has nothing to do with who was at fault in the accident. Apart from the other penalties, hit and run driving can result in long-term driver's license suspension or, in some cases, actual license revocation.
Driving Under the Influence – Murder:
Murder is the criminal charge for unlawfully killing someone, either deliberately and intentionally or recklessly with extreme disregard for human life. In some states, when someone driving under the influence causes an accident in which someone is killed the driver may be charged with murder if the circumstances are particularly aggravated.
Driving Under the Influence – Manslaughter:
Manslaughter is the criminal charge for unlawfully killing someone without actually intending to do so. When someone is driving under the influence and causes an accident in which someone is killed, the driver may be charged with manslaughter.
Driving Under the Influence (DUI) with Prior Convictions:
In all 50 states, repeat DUI offenders face progressively stiffer penalties. In some states, the third or fourth offense may be charged as a felony and, upon a conviction, result in a multi-year state prison term. The elements of the offense are the same, whether or not there are prior convictions.
Driving Under the Influence of Drugs or Prescription Medications:
Most people know that it is illegal to drive under the influence of illegal drugs, but many believe they can avoid a conviction for DUI by producing a prescription for the drug in question. This is not true. A DUI (drugs) charge has nothing to do with whether or not possession of the drug was lawful. The legal issue in any DUI case is whether, as the result of "impairment," the driver has lost the ability to drive safely. It is just as unlawful to drive under the influence of a properly prescribed medication as it is to drive after drinking too much alcohol.
Contests of Speed (Drag Racing):
In most states, engaging in contests of speed (racing) is a serious misdemeanor punishable by local jail time and a fine. It can also trigger license suspension or revocation by the Department of Motor Vehicles or other state licensing agency. It is also fairly certain to result in cancellation of automobile insurance. Repeat offenders usually face escalating penalties including felony prosecution in aggravated circumstances.
Other Traffic Crimes:
Every state has its own set of laws governing the operation of motor vehicles on public streets and highways. Most of these laws classify violations as infractions - relatively minor offenses for which a fine is the only penalty. One cannot be given a jail sentence for an infraction. It can be very important to fight infraction prosecutions in some situations. Many states have “point” systems to track individual driving records and the accumulation of too many points can have serious consequences, ranging from license suspension to revocation. Automobile insurance carriers often cancel the policies of drivers with too many “points.” The decision whether or not to fight an infraction ticket is one that should receive very careful consideration.
Administrative License Suspension Hearings:
Most states provide for administrative driver's license suspension in certain circumstances, but in every case the driver is entitled to a hearing in which the suspension can be contested. If a hearing is not requested within the time provided by law the right to a hearing is waived, and the suspension goes into effect automatically. In some cases the time for requesting a hearing is very short, and the scope of the hearing is usually very narrow and highly technical, from a legal standpoint. Self-representation at a suspension hearing is rarely successful. The different types of administrative suspension include:
- Medical/Drug Suspension
Some medical conditions require administrative driver's license suspension. These include certain diseases involving seizures, blackouts, fainting spells, serious physical coordination problems, some mental disorders and loss of vision. The defense to this type of suspension usually involves the submission of written reports from health care providers and other experts. - Negligent Driver Suspension
This involves situations in which a driver has accumulated too many “points” for traffic tickets or has been involved in an unusually high number of accidents. - Drunk Driving Suspension Based on BAC
If a defendant’s chemical test shows a BAC of .08% or more most states impose a 30 to 90 day suspension. This varies from state to state and may be longer than that. At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest and/or the validity of the chemical test. - Drunk Driving Suspension Based on Test Refusal
Where the defendant refuses to submit to a chemical test most states provide for a license suspension ranging from six months to a year, but in at least one state the term is three years. The refusal suspension is not affected by the outcome of a DUI trial. If there is a refusal suspension it remains in place even if the defendant is adjudged “not guilty.” At the hearing, skilled counsel may attack the probable cause for the defendant’s detention and arrest and/or the validity of the chemical test.
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.
Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.
Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.
Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.
One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.
White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.
Criminal Law are laws established by Congress and state legislators that make certain behavior among citizens illegal and punishable by fines and/or imprisonment. In order to be found guilty of a criminal law, the prosecution must prove beyond a reasonable doubt that the defendant engaged in criminal activity that was intentional and deliberate.
When a society and its government deem that certain behavior or conduct is dangerous to citizens, or collectively damaging to society, such conduct is labeled a "crime" and is made punishable by sanctions, such as fines and imprisonment. Most crimes are identified in statutes that have been enacted by federal, state, and local government legislatures, in response to issues that affect the jurisdiction. Criminal statutes describe the type of conduct that has been deemed a crime, the mindset or intent required, and in some instances, the proper punishment.
Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a juvenile. Delinquent behavior is divided into two categories: status offenses and delinquency offenses. Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations. Juvenile Delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession, or the possession or sale of illegal drugs.
Juvenile Court:
Juvenile court is unique and should not be treated as if it were adult court for young clients. While the substantive criminal law is the same in juvenile and adult court, the procedures and sentencing law are substantially different. The consequences of a misstep by an attorney inexperienced in juvenile matters can be devastating. For example, contrary to what many parents believe, a juvenile conviction is not removed from a child's record when he or she turns 18.
Despite the rehabilitative focus of juvenile court, juvenile convictions are counted as criminal history in future cases. They also remain on state criminal records databases and may affect a young person's ability to enter college, obtain employment, financial aid, a driver's license or join the military. Additionally, juvenile convictions can result in commitment to a juvenile detention facility or institution for periods ranging from days to months and even years. Worse, in some cases, a child may end up being prosecuted in adult court where the punishment is even more severe.
Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.
Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.
Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.
Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly. Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet.
If you or someone you know needs the skilled legal representation of an experienced Hayward, California Criminal and DUI Defense Lawyer, call Attorney Lynn Gorelick today at 866-731-9214, or complete the contact form provided on this site to schedule for your free consultation.
Frequently Asked Questions
The following information includes frequently asked DUI and criminal law questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Lynn Gorelick at 866-731-9214, you can receive a personal consultation regarding your specific legal claim.
Is drunk driving a felony?
Aggravated cases such as those involving accidents where someone is killed or seriously injured have long been charged as felonies, but most drunk driving charges are brought as misdemeanors. Growing public and legislative impatience with repeat offenders has been expressed in the enactment of statutes such as the one in California that provides for a fourth drunk driving offense within seven years to be charged as a felony. The number of prior offenses and the time between them varies from state to state for the charging of felony drunk driving, but a trend is definitely in progress.
Can my driver's license be suspended or revoked?
Yes it can. Drivers who refuse to take a chemical test after a drunk driving arrest face an administrative suspension by the state licensing agency even if the drunk driving charge is dismissed or results in a “not guilty” verdict. The duration of the suspension varies from state to state, but can be as long as three years. If the drunk driving prosecution results in a conviction, the court will order an additional suspension or in aggravated cases, actually revoke the license as part of the sentence. Driving without insurance can result in license suspension, and drivers who accumulate too many traffic tickets may also have their driving privilege suspended. It is not uncommon for a driver's license suspension to trigger negative job action by an employer, and it almost always results in a substantial increase in the cost of insurance.
Is there any way to avoid a drunk driving arrest?
It is not against the law to drink and drive, no matter where you live provided that you are under the legal limit, but the most reliable way to avoid a drunk driving conviction is not to do it. It is an excellent idea, when planning a night out, to arrange for a "designated driver." Barring that, you should never drive after consuming any amount of alcohol if you don't know your personal limitations in terms of alcohol's effects on you.
If you do know your limitations, you can safely drink and drive, provided that you are honest with yourself about your condition. If you have any doubt as to your ability to drive safely after drinking, don't do it. Take a taxi, walk, or call a friend, but no matter what, do not drive.
Does the car have to be moving for me to be guilty of DUI?
No. You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car.
What are the benefits of hiring a drunk driving attorney?
Although generally charged as a misdemeanor on a first offense, drunk driving cases are prosecuted with the same aggressive zeal as serious felonies in most states. If convicted, even a first offender may encounter far-reaching and destructive consequences, aside and apart from the sentence imposed by the Court. Even if the Court does not suspend or revoke the driving privilege the DMV or other state licensing agency may do so in an administrative action, and in this age the lack of a drivers license often causes loss of employment, resulting in financial catastrophe. If automobile insurance is not canceled the convicted drunk driver is certain to receive notice of drastic premium increases. As prosecutors have tightened the focus on drunk driving cases legislators have responded with ever more severe statutory penalties and the scientific world has brought the cutting edge of modern technology into the drunk driving courtroom.
Effective representation in a drunk driving case requires much more than a law degree and general courtroom experience. There is no substitute for an aggressive and experienced trial lawyer with broad expertise in drunk driving defense. Mere knowledge of the law is simply not sufficient. Today’s drunk driving lawyer must be thoroughly conversant with the effects of alcohol on the body and must be well-informed on matters involving pharmacology and chemical testing. He or she must know the many medical and psychological conditions that can mimic intoxication with their symptoms, and needs sufficient experience in the field to have established personal credibility with the prosecutors and judges in this demanding field. Lawyers lacking in drunk driving defense experience are often overwhelmed by the various scientific and technical aspects of these cases, even though they may be superbly qualified to handle cases in other fields.
What are Field Sobriety Tests?
Field Sobriety Tests (FSTs) are a series of tests commonly administered to drunk driving suspects for the stated purpose of evaluating their sobriety. In many cases, however, the investigating officer has already decided to arrest the suspect before administering any FSTs based on his or her personal observation of the suspect. In cases such as this, the test is used not to determine sobriety, but to gather evidence to use against the suspect in court.
With some variation from one police agency to another, the FSTs typically require the suspect to walk heel-to-toe a few steps, turn, and then walk back heel to toe; touch the tip of the nose with the tip of each index finger while keeping the eyes closed; stand on first one leg, then the other, as directed by the officer; stand with eyes closed and head tilted back, as directed by the officer; and, without moving the head, visually track the horizontal movement of a pen or flashlight moved back and forth in front of his or her face by the officer. Most of the tests are intended to measure physical coordination and mental concentration. The eye test measures the angle at which an involuntary reaction of the pupil, called nystagmus, occurs. Although the onset of nystagmus is involuntary, and the angle at which it occurs may affected by alcohol consumption, the fact is that nystagmus begins to appear regularly in most people, with or without consuming alcohol, when they are about 40 years old.
Do I have to take Field Sobriety Test (FST)?
No. You are not legally required to perform FST’s, and you should probably "respectfully decline" any request that you do so. It is virtually impossible to pass an FST. Nervous, frightened people tend to make mistakes, and you may be certain that if you are stopped for drunk driving and asked to perform an FST, you are going to be nervous and you are going to be frightened. If you make a single error - even a trivial one - in any of the several stages of the test, the officer may grade your performance as a failure. If, by some miracle, your performance is utterly flawless, one of the witnesses at your trial may be a prosecution expert, testifying that perfect performance on the FST does not necessarily indicate that you were not impaired by alcohol. The expert will then go on to explain that it may very well be an indication that you are a heavy drinker who has built up "tolerance" to alcohol over time. In other words, if you fail the test, that means you were impaired, but if you pass the test that doesn't necessarily help your case. Tell the officer that you are nervous and upset - that will certainly not be a lie - and that you "respectfully decline" to perform any FST’s.
Do I have to take a chemical test?
If arrested for drunk driving, you will be offered your choice of a blood, breath, or urine test to measure the alcohol in your system. In most states police are not permitted to physically compel you to take a chemical test unless you are involved in an injury-causing accident. To the extent the police may not be able to employ force to coerce you, the answer is "no, you do not have to take the test." Make certain you know the law in your state before you refuse a chemical test, however. Some states do permit police to use reasonable force to obtain a blood sample if a breath test is refused, and in at least eight states the refusal itself constitutes a separate criminal offense.
Wherever your arrest occurs, a chemical test refusal will probably trigger serious penalties, including administrative suspension of your driver's license for as long as three years. Even if a jury later finds you "not guilty," your acquittal will not stop the administrative suspension of your license. Thus, while you may have the "power" to refuse the test in some states, you probably do not have the right to do so in any state. And if your case goes to trial, the prosecution will use a test refusal against you as evidence of "consciousness of guilt" on your part, arguing that the reason you refused the test was that you realized the test result would prove your guilt. Refusing a chemical test is almost always a very bad idea.
If I am arrested, should I hire an attorney?
Yes. You should hire an attorney as quickly as possible. You may be entitled to a court-appointed attorney at public expense if you qualify as an indigent person. An indigent person is one who cannot hire an attorney without causing substantial hardship to himself/herself or dependent family. If you have been charged with a crime, you may complete an Affidavit of Indigence and Request for Court Appointed Counsel at your first court appearance. If you qualify, an attorney will be appointed for you. If you are convicted of a crime, the court may require you to repay some or all of the cost of your defense if it determines you are able.
What is the right to remain silent?
Just that — an absolute right to remain silent if a person is in custody and is being questioned by police as the suspect of a crime. This is an adversarial setting between the police and the suspect. The police may use various tactics to get a suspect to admit to a crime or make incriminating statements. These tactics may include appealing to a person’s guilt or conscience, engaging in ploys like ‘good-cop/bad-cop,’ lying about the evidence against the person, making promises of leniency or release if the suspect confesses to a crime or outright intimidation. This is such an inherently coercive setting for a person that the U.S. Supreme Court ordered that the now-famous standard Miranda warnings be read to a person before the questioning process begins. You have the right to remain silent. Everything you say will be used against you. You have the right to a lawyer. If you cannot afford a lawyer, one will be appointed to you.
It seems that, despite the warnings, people often ignore these rights and give incriminating statements to police that they later say are false, inaccurate or the result of abuse, coercion or intimidation. Also, people often forget that any communication or information given to police is considered a statement – not just a written or signed statement. These statements will be used against a person – just like the warning says.
An analogy: If you have a baseball bat, and someone tells you that if you hand him the bat he will hit you over the head with it, would you give that person the bat? Think about the right to remain silent the same way – remain tight-lipped and ask for a lawyer.
What is a Miranda warning?
Police generally read these rights to individuals about to be questioned in custody. "You have the right to remain silent. If you give up the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney. If you desire an attorney and cannot afford one, an attorney will be obtained for you before police questioning."
The Miranda rule was developed to protect the individual's Fifth Amendment right against self-incrimination. The Miranda warning ensures that people in custody realize they do not have to talk to the police and that they have the right to the presence of an attorney.
If the Miranda warning is not given before questioning, or if police continue to question a suspect after he or she indicates in any manner a desire to consult with an attorney before speaking, statements by the suspect generally are inadmissible at trial — they cannot be used against the suspect.
If I am in custody, how do I assert my right to remain silent?
A suspect who has been arrested need only say I want to speak with an attorney or I have nothing to say now. If the police continue to question the suspect, the police have violated the suspect`s 5th Amendment rights. Anything that the suspect says after the violation is generally inadmissible as evidence in court.
What is a search warrant?
A search warrant is a written order issued by a judge that authorizes police officers to conduct a search of a specific location and seize any evidence. Under the Fourth Amendment searches must be reasonable and specific. This means that a search warrant must be specific as to the specified object to be searched for and the place to be searched. Before a search warrant may be issued, there must be a showing of probable cause.
What is probable cause?
There is not a bright-line rule establishing precisely what is and what is not probable case. Probable cause is defined as facts sufficient to support a reasonable belief that criminal activity is probably taking place or knowledge of circumstances indicating a fair probability that evidence of crime will be found. It requires more than a mere "hunch," but less than proof beyond a reasonable doubt.
What happens if I am arrested?
If someone is arrested for breaking a criminal law, the case is taken before a magistrate who may issue a warrant if necessary and set bond for appearance in court. If the defendant cannot post the bond he may be incarcerated pending appearance in court. If bond is posted, he will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest or the first date available if on a weekend or holiday. The arraignment is held before a judge of the courts. During the arraignment the defendant is formally told what offense he is charged with, told his constitutional rights, and of the possible penalties. The defendant will enter a plea of guilty or not guilty, bond may be reviewed, and a date for the next hearing will be scheduled.
Can they use force to arrest me?
They are not permitted to use excessive force or brutality when arresting you. If you resist arrest or act violently, however, the police are allowed to use reasonable force to make the arrest or keep you from injuring yourself. Unreasonable force is assault. After arrest, a police officer may handcuff you if you attempt to escape or the officer considers it necessary to prevent you from escaping. If you claim that force was used to arrest you, a judge will decide whether or not the force used was reasonable in the circumstances.
Professional Profile
If you or someone you know needs the skilled legal representation of an experienced Hayward, California Criminal and DUI Defense Lawyer, call Attorney Lynn Gorelick today at 866-731-9214, or complete the contact form provided on this site to schedule for your free consultation.
FIRM ADDRESSES:
Law Offices of Allan Gorelick
24301 Southland Dr., Suite 620
Hayward, CA 94545
4900 Hopyard Dr., Suite 100
Pleasanton, CA 94588
Telephone: 866-731-9214
After-hours appointments available upon request.
VISA, MasterCard, American Express and Discover accepted.
MEMBERS OF THE FIRM:
Lynn Gorelick
EDUCATION:
- University of California, Hastings College of Law, J.D., 1982
- University of California, Berkeley, B.A., 1978
COURTS ADMITTED:
- California, 1982
- U.S. District Court, Northern District of California, 1983
PROFESSIONAL MEMBERSHIPS AND AFFILIATIONS:
- Judge Pro Tem, Traffic and Small Claims Calendars in Berkeley, Pleasanton and Fremont Courts
- California DUI Lawyers Association, Board of Directors
- California Attorneys for Criminal Justice
- Alameda County Bar Association
- California Public Defender Association
- Women Defenders
- California Deuce Defenders, Board Member
- California Trial Lawyers Association
- California Bar Association, Court Appointed Attorneys Committee
- California Bar Association, Judicial Evaluation Committee
COMMUNITY ACTIVITIES:
- Pro Bono Service: S.I.S.T.E.R., a non-profit drug and alcohol program for women
- S.I.S.T.E.R., Board of Directors
- Berkeley Hills Nursery School, President, Board of Directors
- Prospect Sierra School Volunteer, Chairperson, Film Festival Gala
AWARDS AND RECOGNITION:
- "Best Lawyer Award," Alameda Newspaper Group - Law Offices of Allan Gorelick
LECTURES AND SEMINARS:
- Speaker, Alameda County Public Defender's Training Session, Deuces, Dope and the DMV
- Speaker, Women Defenders Annual Fall Seminar, Collateral Consequences of Convictions: Helping Clients to Avoid Them
- Lights&Sirens (Opelousas Daily World)
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After notorious drug lord Pablo Escobar was killed, the son who many thought would succeed him fled Colombia, assumed a new identity and lived a low-profile life as an architect in Argentina. - FLDS man to be sentenced for sexual assault (The Salt Lake Tribune)
Eldorado, Texas » This time the girl was real. More than a year ago, a hoax call about a phantom girl led to an investigation at a polygamous sect's Texas ranch. - Wife killer calls his confinement unconstitutional (Main Line Suburban Life)
WEST CHESTER — Killer Richard Greist wants out, and he wants out now. - Los Angeles Production Listings (Backstage.com)
The following listings are not casting notices but instead reflect the best general information available about current casting assignments. Do your homework and use them wisely. Do not phone or visit casting directors' offices. - Police outline tools for locating missing children (Williston Herald)
When it comes to cases of missing children, law enforcement have a variety of tools at their disposal as well as a variety of procedures to go through when working to find the child. - November 8, 2009 (Idaho State Journal)
Posted: Sunday, November 8, 2009 12:30 pm | Updated: . Based on the rhetoric, America's war on drugs seems poised to shift into a more enlightened phase where treatment of addicts gains favor over imprisonment of low-level offenders. - November 8, 2009 (Idaho State Journal)
A Northwestern University professor and journalism students who spent three years investigating the case of a man convicted in the 1978 killing of a security guard believe they have evidence that shows prosecutors put the wrong man behind bars. - Prosecutors seek NU journalism students' grades (WBBM Newsradio 780 Chicago)
In the quest to prove the innocence of a man convicted in the 1978 killing of a security guard, a Northwestern University professor and his students may have to defend themselves. - Williston teen is still missing, police continue search (Williston Herald)
A Williston teen is still missing after a month and police are asking anyone with information on his whereabouts to immediately contact law enforcement.
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