To all our current and prospective clients: In light of the National Emergency, our office will still be operational from either our office or remotely depending on the status of events. Either way, we still answer all of our calls directly 24/7. The best way to get a hold of us would be through our office number (951) 686-4818 or email (kia@kialaw.com). Our day-to-day operations depend on the safety of our staff and the courts being open for business. Feel free to reach out to us to inquire about your case or discuss any new cases with Mr. Feyzjou at the number above. Stay safe and we remain hopeful that this too shall pass with everyone’s health and safety in mind.

Client Charged With Misdemeanor Hit And Run. Case Dismissed.

Our client in this matter was charged with violating California Penal Code 20002, leaving the scene of an accident without exchanging information. The client was taken into custody following the incident. We appeared at the arraignment of this matter and argued that the Defendant should be released on is own promise to appear. We were able to have the client be released from jail without posting any bail.

We successfully defended this matter and were able to reach a resolution of this case with a dismissal of the criminal charges against our client.

Our client had a high paying position which would have fired him if he had any misdemeanor convictions on his record. If you take a look at page 4 of the attached criminal docket, you will see it states, “THE CASE IS ORDERED DISMISSED”.

It should be noted that we were able to resolve this case by way of a CIVIL COMPROMISE, which is a difficult proposition for many district attorneys. Essentially, all criminal charges are dismissed against the client. Here, our client was responsible for the damages he caused. In our agreement, as long as he paid for the damages he caused, the entire criminal case was dismissed. A true success story of another happy client at KIA LAW FIRM.

SEE PDF OF CASE DISMISSAL BY CLICKING HERE

Arrested For Drunk Driving? Protect Your Rights. Call Us Now!

CALL FOR A FREE CONSULTATION:

DUI; CRIMINAL/TRAFFIC MISDEMEANORS; AND TRAFFIC INFRACTIONS (TICKETS)

The California Vehicle Code states as pertinent:

23152(a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

(b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

Under Section 23152 (a) “under the influence” basically means that due to your drinking your physical and mental abilities are impaired and you no longer have the ability to drive with the same caution as a prudent ordinary sober person under the same or similar circumstances.

Under Section 23152 (b), you are prohibited from driving, if you have 0.08% of alcohol by weight, in your blood. You break the law simply by having that blood alcohol level or higher.

Once lawfully arrested (the officer had “reasonable suspicion” to pull you over and “probable cause” to arrest you), under Vehicle Code Section 23612, you are required to submit to a chemical test of your blood alcohol level.

The testing should be administered under the direction the officer who arrested you who has “reasonable cause” to believe that you were driving under the influence. The officer has to inform you that your failure to submit to or complete a chemical test will lead to the suspension of your driver’s license for one year (for a first offense).

In order to protect your constitutional rights and begin preparing for your defense, call us immediately.

When you are arrested, the officer will take your driver’s license. The officer will give a temporary license that is good for 30 days, and a notice that your license will be suspended in 30 days.

Once you get the notice, you have 10 days to request a DMV Hearing regarding the suspension of your license. Without the hearing, your license will be suspended for four months, and under certain conditions, even longer.

The maximum penalties for a first offense DUI under either or both of the Vehicle Code sections stated above can include: 6 months in the county jail; penalties and fines over $3,000; a license suspension of 6 months (under certain conditions, longer); impoundment of your car for 30 days; and the attachment of an “interlock ignition” device to your car that won’t allow you to start the engine if it detects alcohol in your breath.

The penalties for a second and third conviction for DUI are far more severe.

If you are arrested for DUI, like any other criminal case, you are presumed innocent unless proven guilty beyond a reasonable doubt of every element of the alleged offense as stated in the statute. It is important that you contact an attorney immediately to protect and preserve your rights and also make sure that you schedule the DMV Hearing within the 10 day period.

This information is for informational purposes only and does not constitute nor is it intended to constitute legal advice.

How to Choose the Right Lawyer

Choosing the right attorney to help you with a criminal matter can be a daunting task. There are a lot of attorneys that advertise that they do criminal law. Many legal practitioners often moonlight in criminal law cases because it appears easier than the civil work that they are used to. All too often, it is these attorneys that are good at negotiating, but aren’t so good at being prepared, or even willing to announce ready to trial.

The key to any successful criminal defense practice is the knowledge, experience and wisdom to know when to fight a case and when to settle. If you don’t have the proper balance to set the appropriate cases for trial, you lose credibility in this profession.

Kick-ass criminal defense attorneys focus on the detail and find witnesses to help your case. Police officers routinely summarize their police reports. What does this mean? This means that the officer writes the report, unfortunately, in favor of the prosecution. Our job as advocates is to test the accuracy of said reports, obtain the notes, records and other records to show that perhaps they didn’t do their job right.

Don’t plead guilty because it is the easy thing to do. A criminal conviction will chase you all your life, through immigration, work and other aspects of your life. You get once chance to fight, fight it right. Defend yourself against frivolous charges.

Felony Sexual Penetration/Oral Copulation Charges Dismissed on September 4, 2019. Client Is Extremely Happy.

Our client, Michael, adamantly maintained his innocence that he was falsely accused of some serious offenses.

He was charged with Oral Copulation and Sexual Penetration. On September 4, 2019, as we neared our scheduled trial date, the prosecution reevaluated the case and dismissed all of the charges against Michael. It was a victorious day for our client clearing his name of such wrongdoing.

CLICK HERE  to view a copy of the dismissal.

Six Felony Theft Charges Dismissed. Case Resolves for Misdemeanor Disturbing the Peace [Pc 415(2)]

Our client was facing six theft felony charges arising from a certain level of misconduct. Our client made significant errors related to her misconduct. Upon recognition of these issues, we immediately contacted the victims and made full restitution reimbursement of all of the losses. We were able to demonstrate significant remorse, acceptance of responsibility and rehabilitation. Having the prospect of being a convicted felon was a major turning point for our client to change her life around. The prosecutor agreed with our assessment and was wiling to amend the charges to add a Count 7, a violation of misdemeanor disturbing the peace. This not only prevented the client from becoming a convicted felon, but it allowed our client to continue her career without the jeopardy of losing it all.

CLICK HERE to see the case report showing the dismissal of the 6 felony charges.

If you have any legal questions about your criminal case, please feel free to contact us at (951) 686-4818 for a free consultation. We respond to calls and inquiries 24/7.

Accessibility Tools