San Diego Criminal Defense Attorney

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Need a Strong Defense? Call Us 24/7 at 619-583-0350
"A Law Firm That Cares!" Since 1971

At Samuel Spital & Associates, we are San Diego Criminal Defense Attorneys and DUI Lawyers who care. We represent adults and juveniles charged with felony or misdemeanor crimes in state and federal courts in California. We also handle criminal appeals in California and federal appellate courts.

You ALWAYS receive a FREE INITIAL CONSULTATION from Sam Spital, a former Deputy Attorney General and Probation Officer, who is the managing lawyer. When you retain our law firm as your personal DUI attorney no matter how complex your case, we fully understand the laws that apply and we know what to do.

We take felony and misdemeanor cases, defending adults and juveniles on these and other charges:

We also appear at sentencing hearings and probation violation hearings.

Bringing In the Experts

We use experienced private investigators, forensic psychologists, and expert witnesses.

BAIL

We can help you obtain a bail bond. Call Samuel Spital and Associates for a referral for a family member or friend who is in custody to obtain bail and get him or her immediately released.

Bail allows you to be released from jail, unless you receive an O.R. (release on your own recognizance -payment is waived on the condition you promise to appear in court). In general, defendants released on "O.R. status" have strong ties to the community, making them unlikely to flee. Factors that may convince a judge to grant an O.R. release include the following:

  • You have little or no past criminal record, or any previous criminal problems you had were minor and occurred many years earlier.
  • You have other family members (most likely parents, a spouse or children) living in the community.
  • You have resided in the community for many years.
  • You have a job.
  • You have been charged with previous crimes, but have always appeared as required (in other words, there have been no prior arrest warrants or "failures to appear").

You may either pay the bail amount with a cashier's check, credit card, or cash equivalent (real estate). In the alternative, you can use a bail bondsman who works with a surety company to provide a bond (insurance) to the court that will guarantee you will make your future court appearances.

If you appear in court at the proper time, the court refunds the bail (be sure to discuss the details with your bail bondsman). If you do not show up, the court keeps the bail and issues a warrant for your arrest. We handle many cases involving arrest warrants and clients retain our services to go to court to have the warrant recalled, discharged, or released.

Under the California Penal Code, the bail amount must be stated in a court order or on the arrest warrant. There are published or standard bail schedules for most jails for each alleged violation. You can usually buy a bail bond for between 8% - 10% of the amount of your bail; this premium is the bond seller's fee for taking the risk you do not appear in court. A bail bond may cost you more in the long run. If you pay the full amount of the bail with cash or the equivalent, you will get that money back (less a small administrative fee) as long as you make your scheduled court appearances. On the other hand, the 8%-10% premium you pay to a bail bondsman is not refundable. In addition, some bail bondsmen may also require "collateral." This means you (or the person who pays for your bail bond) must give the bail bondsman a financial interest in some of your valuable property. The bail bondsman can cash-in this interest if you fail to appear in court.

At Samuel Spital & Associates, we represent clients at bail hearings, seeking releases without posting bail (O.R.) and/or we will file a written motion and go to court to obtain a bail reduction consistent with our client's ability to pay, likelihood of appearances at court hearings and the seriousness of the alleged crime. In federal court, a person taken to jail must be brought "without unnecessary delay before the nearest available . . . magistrate." In state court proceedings, you can be brought to court for a bail hearing within 48 hours (not counting weekends and holidays) of the time of your booking.

There are restrictions on how high bail can be set. The Eighth Amendment to the U. S. Constitution requires that bail not be excessive. This means bail should not be used to raise money for the government or to punish a person for being "suspected" of committing a crime. The purpose of bail is to give an arrested person their freedom until convicted of a crime, and the amount of bail must be no more than is reasonably necessary to keep a person from fleeing before their case is over.

Some judges allow and/or set a high bail in particular types of cases (such as those involving drug sales or rape) to keep a suspect in jail until the trial is over. This is often referred to as bail set for "preventative detention," and it is thought by some to violate the Constitution, even though this practice has continued in many courts. While past results cannot be used to predict a future outcome, we have obtained a bail reduction from approximately one million dollars to only ten thousand dollars.

EXPUNGMENT AND DISMISSAL OF CONVICTION

If an individual has been convicted or pled guilty to an offense in a negotiated settlement, our work is still not over. We work closely with our clients to help them continue with their rehabilitation and to fulfill the terms and conditions of probation. Additionally, we can be retained to seek the dismissal of your conviction and have your case expunged if you have complied with the terms of probation, even if the entire period of probation is not completed.

Are you eligible?

An adult who was granted and has successfully completed probation, either by fulfilling the conditions of probation or being successfully discharged before the end of his/her probationary period, may be eligible to clear his or her criminal record. It is not necessary that the TERM of Probation be completed to obtain this relief. Hence, your probation may be for 5 years, however, if you have successfully fulfilled all of the terms and conditions except the period of time and have had no intervening criminal cases, you may be eligible for having the guilty plea withdrawn and the conviction dismissed. You are not eligible for a dismissal if your conviction is for a violation of Vehicle Code section 42001(b) or Penal Code sections 286(c), 288, 288a(c), 288.5, 289(j) or any felony conviction of Penal Code section 261.5(d).

How does this help you?

  • It will result in the dismissal of the case;
  • It will permit you to answer "NO" on employment applications that inquire if you have any prior convictions. On the other hand, if you are applying for a state professional or vocational license, government employment or one in which there will likely be a background investigation, they will likely discover the conviction; therefore, you should disclose the conviction and that it has been expunged or dismissed (some prefer attaching a certified copy of the court order). Also, the conviction or underlying facts if the conviction is dismissed may be used to refuse or revoke a state license and/or permit, such as a professional license issued to a doctor, attorney, nurse, dentist, real estate sales broker/agent, security officer, teaching credential, bus drivers license, etc. However, at Samuel Spital & Associates we handle state administrative cases and will use a variety of factors, including the expungement, to reduce the weight given the conviction by the licensing agency.
  • If the conviction was for a felony, it must first be reduced to a misdemeanor. If the felony conviction does not include jail and/or a grant of probation, there probably was imposed a term in state prison; in those cases, the relief that is available is a Certificate of Rehabilitation and Pardon, or Direct Application to the Governor for a Pardon.

PARDON

A Certificate of Rehabilitation is a court order, which declares that you have been convicted of a felony or qualified misdemeanor and are rehabilitated. If a petition for a Certificate of Rehabilitation is granted, it is forwarded to the Governor by the Superior Court and constitutes an application for a pardon.

A Certificate of Rehabilitation to individuals if:

  • You were sentenced to State Prison and were released on Parole (thereby being ineligible for expungement);
  • You have a felony conviction and desire a Governor's Pardon
  • You have a misdemeanor conviction and are required to register pursuant to PC 290.

How does a Certificate of Rehabilitation help you?

  • Once granted it becomes an automatic application for a Governor's pardon
  • State licensing agencies will take into account the Certificate when deciding to grant or deny a state license (Doctor, Dentist, Nurse, Real Estate Broker or Agent, Contractor, etc.)
  • It relieves certain offenders from registration requirements of PC 290.

Are you eligible for a Certificate of Rehabilitation?

If you have a felony conviction or a misdemeanor conviction that requires registration pursuant to Penal Code section 290 that has been expunged; have continuously lived in California for 3 to 5 years prior to applying for a Certificate of Rehabilitation and Pardon (Residency requirement is 3 years if released on parole, all other cases 5 year residency is required); and present a satisfactory period of rehabilitation which begins from the date you were released from custody, you qualify for this relief. A change of residence within California does not interrupt the period of rehabilitation.

The period of rehabilitation begins upon your discharge from custody due to your completion of the term to which you were sentenced OR upon your release on parole or probation, whichever is sooner. The period of rehabilitation shall be five years' residence in California plus a period of time determined by the following rules:

(1) To the five years there is added four years for anyone convicted of violating PC Section 187, 209, 219, 4500 or 12310, or subdivision (a) of Section 1672 of the Military and Veterans Code, or of committing any other offense which carries a life sentence.

(2) To the five years there is added five more years for anyone convicted of committing any offense or attempted offense for which sex offender registration is required per PC 290, except for convictions for violations of subdivision (b), (c), or (d) of Section 311.2, or of Section 311.3, 311.10, or 314. For those convictions, two years shall be added to the five years imposed by this section.

(3) To the five years there is added two years for anyone convicted of committing any offense that is not listed in paragraph (1) or paragraph (2) and that does not carry a life sentence.

(4) The trial court hearing the application for the certificate of rehabilitation may, if you were ordered to serve consecutive sentences, order that your statutory period of rehabilitation be extended for an additional period of time, but when combined does not exceed the period prescribed by statute for the sum of the maximum penalties for all of the crimes.

(5) Any person who was discharged after completion of his or her term or was released on parole before May 13, 1943, is not subject to the periods of rehabilitation set forth in these rules.

Unless and until the period of rehabilitation, as set forth above, has passed, you are ineligible to file a petition for a certificate of rehabilitation with the court.

While these are highly desirable goals and we recommend you employ Samuel Spital & Associates to file a Petition to obtain this relief, the dismissal does not remove the arrest from your California "CII or Rap Sheet" nor from FBI criminal history records (PC 1203.4); moreover, it does not reinstate your previous right to possess firearms (although having the felony reduced to a misdemeanor may restore some rights under California law, federal law probablyeffects a lifetime prohibition for possession of a firearm; also, it does not seal or remove the court case file from public inspection - anyone who knows where to look will be able to find the court case file (however, probation reports are in confidential files and are not subject to public inspection 90 days after sentencing);and, a dismissal does not prevent the conviction from being used for impeachment purposes if you are later called as a witness, nor from being used as a "prior" to increase the punishment if you are subsequently charged in a criminal case; lastly, the conviction can still be used by INS for removal and exclusion purposes.

ARREST WARRANT AND BENCH WARRANT

An Arrest Warrant is an order given to the police, demanding the arrest and detention of a person. These warrants typically will be issued where there is suspicion of criminal activity. For example, when law enforcement reasonably suspects criminal activity has occurred, the police or sheriff will obtain a sworn statement from the alleged victim, present it to a judge who will sign an order for the arrest of that person. The District Attorney or law enforcement can also sign a sworn statement to obtain an arrest warrant. Another example of when an arrest warrant is issued is after a Grand Jury indictment. In most situations, however, you would not first become aware that an arrest warrant exists until the police make the arrest.

The arrest warrant can be served at one's place of business or home, making it an otherwise embarrassing and highly inconvenient situation. When the police or sheriff execute the arrest warrant, they handcuff the person and take them to jail. In high profile cases, there may even be news media present. Thereafter, those arrested are taken to court.

If you become aware there is an outstanding arrest warrant, you should contact Samuel Spital & Associates immediately because you are at risk of being arrested any time. We can ensure law enforcement do not obtain any statements, admissions or confessions from you. Any statements made to the police or sheriff can and will be used against you, no matter how innocent you may feel they are.

We handle these cases on a regular basis and will go to court to cancel the arrest warrant and, if possible, avoid any custody in jail. We are skilled and experienced advocates. We will present the arguments to the court that are necessary to have our clients released without posting any bail; in those cases where bail is ordered, we will argue the necessary grounds to lower the bail amount, thereby facilitating one's release.

Do not attempt to go to court to explain the case to the judge without experienced legal counsel. Unfortunately, far too many individuals have tried and failed in their attempt to offer what seems a valid excuse. Most judges have heard all of the excuses that are offered and may not be willing to hear the same thing again. Call Samuel Spital & Associates to present the legal arguments that are appropriate to your case so the arrest warrant can be recalled (cleared).

A Bench Warrant, the most common type of warrant in California, is an order for the immediate arrest of a person. Typically, bench warrants are issued by the court as a result of one's failure to appear in court on the date scheduled for a hearing. Additionally, a bench warrant is issued if you do not appear for your arraignment (time to enter a plea of not guilty) after being charged with a crime, if you fail to appear for your sentencing hearing and/or you fail to appear or show proof of your compliance with a court ordered term of your probation (such as payment of fines, attendance at certain classes, completion of community service, etc.).

Contact Criminal Defense Attorney Sam Spital if a bench warrant has been issued for your immediate arrest. We handle these cases on a regular basis and will go to court to cancel the bench warrant, and if possible, avoid having to spend time in jail. We are skilled and experienced advocates. We will present the arguments to the court that are necessary to have our clients released without posting any bail; in those cases where bail is ordered, we will argue the necessary grounds to lower the bail amount, thereby facilitating one's release.

Do not attempt to go to court to explain the case to the judge without experienced legal counsel. Unfortunately, far too many individuals have tried and failed in their attempt to offer what seems a valid excuse. Most judges have heard all of the excuses that are offered and may not be willing to hear the same thing again. Call Samuel Spital & Associates to present the legal arguments that are appropriate to your case so the Bench Warrant can be recalled (cleared).

PROBATION VIOLATION

It is important that you are aware you need a Probation Violation Attorney and/or Arrest Warrant - Bench Warrant Attorney if you have violated one or more of the probationary terms and/or failed to appear for a hearing, because this may cause the court to revoke your probation and then send you to jail to serve your original jail sentence. If you are sentenced to State Prison, you may be paroled, which is the conditional release of a prisoner before the expiration of the sentence. In California, parole is granted by the Board of Prison Terms, which is a separate state agency or commission that considers the applications of inmates in State Prison for early release from incarceration. Parole is typically granted on terms and conditions in the same manner as probation in the context of a County Jail sentence. Violating these conditions can result in one's parole being revoked and being sent back to State Prison to finish the term of the original sentence.

Proven Results by Sam Spital

Attorneys are bound by the California Rules of Professional Conduct and past performance is not an indicator of nor should it be used or relied upon as a basis to predict future results. Below is a listing of some of our victories and successes.

  • 25-Years To Life. THIRD STRIKE OFFENDER w/ 4 current additional felony charges. RESULT: 5.5 YEARS (w/ good behavior).
  • Felony Burglary + Grand Theft. RESULT: Reduced To MISDEMEANOR and NO JAIL TIME.
  • 3 rd DUI. RESULT: Wet Reckless Driving & NO JAIL TIME.
  • Child Molestation, 16 years State Prison. RESULT: Six Months Work Furlough. No State Prison Time.
  • Drug Transportation + Unauthorized Use Of dealer Plates. RESULT: INFRACTION - Disturbing the Peace.
  • Imitation Firearm In Airport on 9/11. RESULT: DISMISSED.
  • Vandalism. RESULT: DISMISSED.
  • Weapons Possession + Failure To Appear. RESULT: Public Nuisance.
  • DUI - Under Age 21: 1 Year License Suspension. RESULT: Case DISMISSED. Driver's License Saved and No License Suspension
  • FOUR (4) Felony Probation Violations. RESULT: NO JAIL. Probation Terminated.
  • Battery. RESULT: Disturbing The Peace.
  • Drug Possession. RESULT: INFRACTION - Disturbing The Peace.
  • 2 nd DUI. RESULT: Wet Reckless Driving & NO JAIL TIME.
  • Speed Contest + Over 100 Speeding ticket. RESULT: $100 Fine; No License Suspension & Speed Contest DISMISSED.
  • DUI and Drug Possession. RESULT: Wet Reckless Driving; Drug Possession DISMISSED.
  • DUI (.14) and Under Age 21. RESULT: Wet Reckless Driving.
  • 2 nd DUI. RESULT: Wet Reckless Driving, NO JAIL TIME & Prior DUI DISMISSED.
  • Felony Probation Violation. RESULT: NO JAIL TIME. Probation Reinstated
  • Grand Theft. RESULT: Petty Theft w/Reduction to Trespass After 18 Months.
  • DUI + drug charge. RESULT: Wet Reckless Driving.
  • MIP + Jaywalking. RESULT: INFRACTION: Disturbing The Peace; Driver's License Saved; Jaywalking DISMISSED.
  • MIP (Minor in Possession of Alcohol). RESULT: INFRACTION: Disturbing The Peace; Driver's License Saved.
  • DUI w/Probation. RESULT: DUI EXPUNGED and Probation Terminated 2 Years early.

 


Samuel Spital & Associates
8880 Rio San Diego Drive
Suite 800
San Diego, CA 92108-1642
Telephone: 619-583-0350
Toll Free: 1-888-600-8088
Fax: 619-583-1850
Call 7 days a week at any hour or send an e-mail now.

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