• Drunk Driving/ DUI
• Drugs and Narcotics Charges
• White Collar Crimes  
• Domestic Violence
• Felony Crimes
• Misdemeanors
• Gun Violations
• Homicide
• Internet Crimes
• Investigations
• Juvenile Matters
• Sex Crimes
• Traffic Offenses
• Expungement Motions 
  
• Terrorist Threats
  
• Landlord Evictions

Protecting Your Driver’s License When You Are Arrested for Drunk Driving:
I have represented thousands of individuals accused of Driving Under the Influence, and have also handled the administrative hearings with the DMV that result from action to suspend the driving privilege of our clients. For several years, I have worked with Ronald A. Jackson, who is recognized as one of the premier DUI defense lawyers in the state of California (Mr. Jackson is available for consultation and retention in unusual cases). I have excellent investigation resources, forensic alcohol experts, accident reconstruction experts, and any other forensic experts necessary to fully represent clients.

To protect your legal rights, call me as soon as possible after your DUI arrest. Unless you take immediate action, when you are arrested for DUI in California, the DMV will suspend your driver's license for a period ranging from four months to three years, depending on prior offenses and other aggravating facts. The Temporary License that is issued in place of your real Driver's License (at the time of your release from jail) has a hidden time bomb: YOU MUST CONTACT THE DMV WITHIN 10 DAYS OF YOUR ARREST TO REQUEST A HEARING TO CONTEST THE SUSPENSION OF YOUR DRIVER'S LICENSE.  If you make a timely request for an administrative hearing, the suspension of your license will be stayed pending the final determination of your case by the DMV.  You also have the right to appeal a DMV Hearing Officer’s decision against you to a judge.

Trust Your Lawyer– I Will Be the One Representing You, Not the Police:
If you have been arrested, or if you are stopped by the police for questioning, remember that your lawyer is the person you should trust.  Law enforcement investigators are specifically trained to get people who don't want to talk to them to open up and talk with them anyway. The U.S. Supreme Court allows police, federal agents and criminal investigators to trick, lie and deceive during the course of their investigations to get the information they want.

If you are being investigated for a federal crime or other serious charge, do not answer any questions the officers, detectives or federal agents ask. You should politely, but firmly, tell them that you will need to retain an attorney before you can speak with them. Do not answer their questions. This cannot be stressed enough. You have the right to remain silent and the right to an attorney – use those rights!

If you or someone you know needs the skilled legal representation of an experienced San Luis Obispo Criminal Defense Attorney, call Jere Sullivan today at 866-784-3012, or complete the contact form provided on this site to schedule your initial consultation.

Practice Areas and Legal Definitions

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.

Domestic Violence:
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.

DUI/Driving Under the Influence:
"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 conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit.  Plus, a DUI could also jeopardize your employment opportunities.

However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.

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.

Expungement Motions:
An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.

Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.

It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.

What to bring to a consultation:

• A copy of all papers pertaining to your arrest(s);
• A copy of all court papers pertaining to the disposition of the charge(s) you want expunged; and,
• A copy of any report pertaining to the completion of any probationary or diversionary treatment program.

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.

Appellate and Post Conviction:
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record.

A post-conviction petition is the general name for what is called a "collateral attack" on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.

Internet Crimes:
Internet crime is defined as any illegal activity involving one or more components of the Internet such as websites, chat rooms and/or email. Internet crime involves the use of the Internet to communicate false or fraudulent representations to consumers. These crimes may include, but are not limited to, advance-fee schemes, non-delivery of goods or services, computer hacking, phishing, pharming, programming worms, viruses or employment/business opportunity schemes.

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.

Traffic Crimes:
Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply.  Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license.

Driving with a Suspended License:
Driving with a suspended or revoked license is considered a crime, and can result in heavy fines and possible jail time. At worst, it may be considered a felony, and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DUI/DWI).

Driver’s License Revocation:
Typically, a driver’s license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving, or is involved in a hit-and-run, the defendant’s license may be suspended for a year or more.

If you or someone you know needs the skilled legal representation of an experienced San Luis Obispo Criminal Defense Attorney, call Jere Sullivan today at 866-784-3012, or complete the contact form provided on this site to schedule your initial consultation.

Professional Profile

I have been defending individuals accused of all manner of crimes in San Luis Obispo County and Northern Santa Barbara County since 1986. I have represented clients charged with every type of criminal offense, including:  murder, rape, robbery, burglary, child molestation, terrorist threats, assault, domestic violence, narcotics and/or drug possession, sales and manufacturing. I have also represented many clients charged with white collar crimes, including embezzlement and grand theft. In addition, I have had considerable experience in representing juveniles accused of crimes, and am knowledgeable in dealing with juvenile court proceedings.

I defend clients from all San Luis Obispo County areas, including: San Miguel, Shandon, Creston, Paso Robles, Templeton, Atascadero, Santa Margarita Cambria, Cayucos, Morro Bay, Los Osos, San Luis Obispo, Avila Beach, Shell Beach, Pismo Beach, Grover Beach, Arroyo Grande, Oceano, and Nipomo. I also represent clients in Santa Maria, Guadalupe and Orcutt in Northern Santa Barbara County.

If you or someone you know needs the skilled legal representation of an experienced San Luis Obispo Criminal Defense Attorney, call Jere Sullivan today at 866-784-3012, or complete the contact form provided on this site to schedule your initial consultation.

FIRM ADDRESS:
Jere N. Sullivan, Jr.
1141 Pacific Street, Suite A
San Luis Obispo, CA 93401
Phone: 866-784-3012
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:
Jere N. Sullivan, Jr.

Jere Sullivan was born on February 24, 1951, in Bakersfield, California, and attended local schools until his junior year in high school. That year, he left to attend Deerfield Academy, a well-known prep school in Western Massachusetts. He graduated in 1969, and returned to California, and attended the University of California at Santa Barbara from 1969 through 1972. In 1972, he returned to the East Coast, where he finished his BA in 1973 at George Washington University. He also attended GW law school, graduating in 1976. In 1977, Jere again returned to California, taking a position in the Kern County DA's office. He left the DA's office in 1980, and for three years was a partner in Yinger, Blanton and Sullivan, in Bakersfield. Attorney Sullivan started his solo practice in May of 1983, and remained in Kern County until 1986, when he moved to the Central Coast.

Mr. Sullivan is also regarded in the community as a musician, occasionally playing (when he has time) with several of the most well-known performers in the area, including Grammy Award winner Louie Ortega. He enjoys sports, particularly baseball, and is an avid wine collector and amateur wine maker.