Ten Things to Do If You Are Stopped for DUI

The Superbowl and Superbowl parties are just a few days away.  Please don’t drink and drive.  However, if you do drink and drive, there are ten basic things to keep in mind if stopped by police.  This article covers those ten things: http://www.greghillassociates.com/lawyer-attorney-2131117.html.  And please root for Denver.

What Happens at a Felony Preliminary Hearing Setting Conference?

Why does a judge order a preliminary hearing setting conference?  What is the purpose of such a hearing?  Will I be able to tell the judge your side of the story?  Will the police be in court and can we cross-examine them?  Can the judge sentence me at such a hearing?  Click on the attached article for answers to these questions: http://www.greghillassociates.com/lawyer-attorney-2019864.html

What is a Misdemeanor Pre-Trial Hearing?

So you are charged with a misdemeanor and your attorney told you there is a pre-trial hearing coming up?  Does the arrested officer testify at such a hearing?  Will the judge read the police report?  Are jurors going to hear you testify?  Why does the judge set such hearings?  What is their purpose?  Click on the attached article to read answers to these questions: http://www.greghillassociates.com/lawyer-attorney-2013063.html.

Have You Been Charged With Trespassing (PC 602)?

Is trespassing (Penal Code § 602) a misdemeanor or an infraction?  What is the punishment?  What must the prosecution prove or show to convict me of this?  Are there defenses to this charge and if so, what are they?  Click on the following link for answers to these questions: http://www.greghillassociates.com/lawyer-attorney-2018334.html

What is Tampering with a Vehicle (Vehicle Code section 10852)?

Were you or a loved one cited or arrested for tampering with a vehicle (VC § 10852)?  Did police catch you with stolen items?  Were you accused of trying to break into a vehicle?  Is this crime a misdemeanor or a felony?  What is the maximum punishment?  Can you get probation on this?  What does the prosecution need to show to get a conviction?  What are the defenses?  Click on the attached article to read answers to these questions: http://www.greghillassociates.com/lawyer-attorney-2019772.html.

What Happens in a Domestic Violence Case if the Victim Refuses to Testify at Trial?

Can someone still be convicted if the victim does not come to court to testify?  Does it make a difference if the victim comes to court, but then refuses to testify?  Must the prosecution dismiss the case?  Must the judge dismiss the case, similar to how if a police officer fails to appear for a traffic ticket?  The answers to these questions are not black and white.  As most lawyers are hated for saying, it matters. Click on the attached link to read answers to these questions: http://www.greghillassociates.com/lawyer-attorney-2025991.html.

What is Felony Resisting Arrest?

What does a prosecutor need to prove to convict someone of violation Penal Code section 69, felony resisting arrest?  What are some defenses?  If somebody is convicted, can they get probation?  What is the maximum punishment?  Can the charge be reduced to a misdemeanor, for example Penal Code section 148(a)(1)?  Click on the attached link to find out answers to these questions:  http://www.greghillassociates.com/lawyer-attorney-2040073.html.

What is Commercial Burglary (Penal Code section 459)?

Have you, a family member or a friend been charged with commercial burglary, Penal Code section 459 (PC 459)?  Is this a felony or a misdemeanor?  What must the prosecutor or DA show to prove the case?  What types of arguments are good defenses?  What are the penalties?  Is there prison time or jail time?  Click on the following link to read answers to these questions: http://www.greghillassociates.com/lawyer-attorney-1981743.html.

Are breath tests used for a DUI investigation accurate?

Since no two people have the same size of lungs and no two people process alcohol the same, how can such tests be accurate without accounting for such individual characteristics?  What about if someone is old or young, obese or thin?  These issues were litigated in court in the Van Gelder case.  Click on the attached link to read how the court handled these questions: http://www.greghillassociates.com/lawyer-attorney-1813296.html