Bay Area Criminal Defense Blog

With the recent high-profile cases of alleged police brutality, Alameda may have wanted to settle a lawsuit alleging excessive force against one of their officers, rather than take their chances in the court room. As a result, the city of Alameda has agreed to a $450,000 settlement in the case of...

California is tough on DUIs. Everyone knows that a DUI can result in a suspended license, fines, jail time, and even a possible ignition interlock device. But for one man driving through Chico last month, a DUI arrest also included a brutal beating by police. To make matters worse for local law e...

Most people don't like to open their mailbox to find a jury summons. Jury duty can be a major pain in the neck. It requires you to take time off work, to get up early just to circle the courthouse looking for jury parking. In most cases, jury service just means showing up to the courthouse, liste...

California State Senator Ben Hueso recently voted for tougher regulations on ride-sharing services like Uber and Lyft. But he could have saved himself a lot of trouble if he'd called for a ride instead of deciding to drive home recently. Hueso was arrested in the early morning hours for allegedly...

The month of May brings warmer weather to the East Bay, and signals summer vacation is just around the corner. For the residents of Fremont, May will also bring a DUI checkpoint to town. On Saturday, May 9th, sometime between 7 p.m. and 3 a.m., the Fremont Police Department will be conducting a s...

We've all seen footage from police dashboard cameras that show drunk drivers acting very drunk. Police can use this footage later on in court, as evidence that the driver is intoxicated, and unfit to drive. But in some cases, the dash camera footage can help a driver, to show that the police offi...

Most of us love our East Bay neighborhoods through the good and the bad. Great communities can sometimes face increased criminal activity, but these trends can fluctuate over time. The latest crime data from two Alameda County cities shows how these crime levels can change, for better and for wor...

In California, a judge can order drivers convicted of driving under the influence (DUI) to install an ignition interlock device (IID) intheir vehicle. The purpose of an IID is to prevent an impaired driver from getting on the road. Under a California pilot program, four counties require an IID fo...

Penalties for a conviction of Driving Under the Influence include a suspension of your California Driver License.  Indeed, the Department of Motor Vehicles will try to suspend your license just because of the arrest!  For workers who do a lot of driving as part of the job, some employers may not ...

Spring is in the air here in the East Bay. Along with warming temperatures and longer days, March and April signals spring break for a number of Berkeley and other college and university students in the area. Whether travelling out of town, to Los Angeles, Palm Springs, San Diego, or staying loca...

The life of a modern college student often involves balancing partying and studying. With sporting events, fraternity and sorority events, and the landmark birthday of turning 21 years old, many young people experience increased exposure to alcohol. When it comes time for midterms and finals, stu...

Expungement is a legal process that permits the convictions and other criminal records to be sealed from a person's criminal record.  The California Penal Code allows for three different types of expungements.  Which type of expungement is right for you depends upon your criminal record, prior cr...

On November 4, 2014 California voters approved Proposition 47, also known as the Reduced Penalties for Some Crimes initiative or The Safe Neighborhood & Schools Act.  This initiative was passed overwhelmingly and constituted a significant step towards rolling back outdated criminal sentencing...

You must invoke your right to remain silent -- it's not automatic.

July 4th is coming, and the LAST thing anyone wants over this weekend is to be arrested for Driving Under the Influence of alcohol or drugs (§§23152(a)(b) of the California Vehicle Code, or other equivalent section). The California Highway Patrol and other law enforcement agencies all around the...

It's football season. Be extra careful. The California Highway Patrol, Alameda Co. Sheriff's Office, and local law enforcement agencies have their eyes on sporting events and will be out in force after every Oakland A's home game. Drive carefully, obey all traffic laws, and be sure to use your tu...

What happens when you get stopped by a law enforcement officer for a DUI? One of the first things is that the officer may ask you to step our of the car and perform some “Field Sobriety Tests,” or FST's. What are they? Well, what they frequently are not is very reliable! There are some two do...

One of the most common reasons people are pulled over by the police is for driving without their headlights on. Many cars are equipped with “automatic” headlights that turn on by themselves at night, but if your car is parked by someone else, they may switch your lights to the OFF position. Since...

The California Office of Traffic Safety (OTS) awarded over $13 million in grants to various cities for the express purpose of funding DUI Checkpoints throughout 2014. Among the recipients in Alameda and Contra Costa Counties are Oakland, Fremont, Concord, Pittsburg,and Brentwood. That said, whe...

California generally, and the San Francisco Bay Area in particular, is cracking down on DUIs. Not only are there local police officers, county sheriff's deputies, and California Highway Patrol officers, but there are also specialized, inter-agency task forces dedicated to making DUI arrests. Know...