SAMUEL SPITAL AND ASSOCIATES

San Diego Highest Rated Criminal Defense Lawyers

Top San Diego Criminal Defense Attorneys

in San Diego Superior Court

 and Federal Crime Cases

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Our goals are simple Pardon
Your Constitutional Guarantees Arrest Warrant And Bench Warrant
Bail Probation Violation
Bringing In the Experts Proven Results
Don't Risk Your Future During Criminal Investigations Expungment And Dismissal Of Conviction

Samuel Eugene Spital
Samuel Eugene Spital
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At Samuel Spital & Associates, we are your Highest Rated San Diego Criminal Defense Attorneys. Get the top, skilled, effective and experienced San Diego Criminal Attorneys on your side now. Call us also for your San Diego DUI Defense Attorneys - we care about the results for our clients.

For serious and results oriented State and Federal Criminal Defense Attorneys in San Diego, call us now. We represent adults and juveniles who face investigation for possible crimes, charges of felony or misdemeanor crimes and probation violations, including reduction and termination of probation cases in state and federal courts in San Diego.

For results in your Criminal Appeal or Writ in the California and Federal appellate court system, contact us today.

 

  

Tough & Determined San Diego Criminal Lawyers

Winning Record San Diego Criminal Defense Attorneys

Spital and Associates was founded in 1978 by attorney Sam Spital, a former Deputy Attorney General and Probation Officer. As the managing attorney supervising seven offices throughout California, a team of 10 lawyers and nearly 50 employees handling over 10,000 cases, Sam's relentless focus on his clients and their respective needs continues to be the paradigm for his law firm. Sam Spital is a passionate and zealous advocate, seeking prompt and favorable results. Sam's motto as your personal attorney is: "A Law Firm that Cares!" Highest quality, integrity, service and commitment to our clients are the guiding principles for everything we do.

Our goals are simple:

  1. Superior business ethics: We always conduct our criminal defense practice honorably and ethically. We will not engage in any criminal case that compromises our work or our integrity or are at the expense of our clients.
  2. Service excellence: We deliver superior service, superior client relations and competent results for our criminal defense clients. The key to our success is teamwork, powerful, relentless and superior advocacy skills. We also are proactive, not only taking the defensive but offensive stance for clients charged with felony or misdemeanor crimes.
  3. The law firm to rely on: We continue to earn the Highest Rated San Diego Criminal Defense rating to be the most desirable law firm you - our client by providing the highest integrity, honesty and moral character. We consistently win San Diego criminal & DUI cases for our clients.

When you retain our law firm as your personal San Diego Criminal Lawyers, you can trust that we fully understand the laws and can develop a strong and effective Criminal Defense strategy, no matter how small it may be to the most complex murder case, we take our clients seriously. We care about you and will take into consideration your present concerns, reputation and future status.

Often, our clients feel as if they should suffer the consequences, incur the sentence and pay the penalties because they engaged in wrongdoing. However, you should not be defined by an isolated misdeed or even a series of bad decisions. Protect your freedom. Call our experienced criminal defense lawyers.

We know the measure of our success in your criminal law defense is directly related to the experience of our clients. By reviewing the testimonial page on our web site, you will witnessthe confidence our clients have placed in us and how we have exceeded their expectations.

Your Constitutional Guarantees

We not only want to win your criminal case, we want the government to be held accountable. Our San Diego criminal defense attorneys believe our clients should have the best criminal legal defense to prevent the government from over-reaching in all criminal cases. Our criminal defense and DUI clients deserve better than the stated and often excessive criminal penalties. Aside from the multiple criminal defense strategies we develop for each client, we want to be sure that illegally obtained evidence cannot be introduced. We also want to safeguard you from violations of procedural and Constitutional guarantees, including your:

Don't Risk Your Future During Criminal

Investigations. Call Us Now.

Remember, even though the law enforcement claims you are not a "suspect" and prefers to label you a "person of interest," you should exercise your right to remain silent and immediately secure our criminal and DUI legal advice and representation for your San Diego criminal case. Innocently, you may make inconsistent statements and/or be lulled into making what the prosecutors could, later, call an admission.

You could face life long consequences, both in your professional career now or in the future. If convicted, you will face criminal penalties, such as incarceration in the county jail or state or federal prison, fines, court fees, court ordered formal (or informal) probation, a work furlough program, community service and more. The terms and conditions of probation are varied and may include court-ordered counseling, special and required classes (such as anger management) as well as lifetime registration as a sex offender (RSO).

We fight to avoid the harsh and life long consequences of a criminal conviction. We take felony criminal law and misdemeanor criminal cases seriously, 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 in your San Diego criminal case. 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.

In San Diego, 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 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 wait until a family member or friend retains Spital and Associates as your Top San Diego Criminal Defense Attorneys, we can go to Court the same or next day to have bail reduced or the defendant is released without bail. Paying money for bail, therefore, may not be necessary . Moreover, if the prosecutor does not file charges after the defendant is arrested, then the accused must be released from jail; in that situation, no bail is required in San Diego. It is possible the arrest was labeled a felony, which requires a higher bail, and the actual charge is reduced to a misdemeanor with a much lower bail.

If you appear in court in San Diego on your criminal charge 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 in San Diego 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 San Diego Bail Bondsman is not refundable. In addition, some bail bondsmen in San Diego 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 San Diego Bail Bondsman can cash-in this interest if you fail to appear in court.

At Samuel Spital & Associates, we represent clients in San Diego at bail hearings, seeking releases without posting bail (O.R.) and/or we will file a written motion and go to Superior 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 San Diego Superior Court Criminal Law 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 in San Diego. 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 in a criminal case their freedom in San Diego 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 criminal case is over.

Some judges in San Diego allow and/or set a high bail in particular types of crime 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 we as your San Diego Criminal Defense Lawyers and DUI Defense Attorneys contend this violates the Constitution, even though the practice has continued in many courts. While past results cannot be used to predict a future outcome, as top San Diego Criminal Defense Attorneys, 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 in a San Diego criminal offense in a negotiated settlement, our work as your highest rated criminal defense attorneys is still not over. We work closely with our criminal defense 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 criminal conviction and have your criminal 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 in a San Diego criminal case, 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. If we are retained as your Criminal Defense Attorneys in San Diego, we will advise you that it is not necessary that the TERM of Probation be completed to obtain this relief . Hence, your probation in your San Diego criminal conviction 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 arrests or criminal cases, you may be eligible for having the guilty plea withdrawn and the criminal conviction dismissed. You are not eligible for a dismissal if your criminal 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?

PARDON

A Certificate of Rehabilitation is a court order we will obtain as your San Diego criminal law defense attorneys, 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 San Diego Superior Court and constitutes an application for a Pardon.

A Certificate of Rehabilitation to individuals if:

How does a Certificate of Rehabilitation help you?

Are you eligible for a Certificate of Rehabilitation?

If you have a felony criminal conviction or a misdemeanor criminal 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 criminal offense or attempted crime offense for which sex offender registration is required per PC 290, except for criminal convictions for violations of subdivision (b), (c), or (d) of Section 311.2, or of Section 311.3, 311.10, or 314. For those criminal cases, 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 criminal offense that is not listed in paragraph (1) or paragraph (2) and that does not carry a life sentence.

(4) The San Diego 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 for a criminal case, 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 San Diego Superior Court.

While these are highly desirable goals and we recommend you employ Samuel Spital & Associates to file a Petition to obtain this relief for your San Diego criminal law case, 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 Superior Court case file from public inspection - anyone who knows where to look will be able to find the court case file in San Diego (however, probation reports are in confidential files and are not subject to public inspection 90 days after sentencing);and, a dismissal in a San Diego criminal case does not prevent the crime 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 in San Diego; lastly, the criminal conviction can still be used by INS in San Diego for removal and exclusion purposes.

ARREST WARRANT AND BENCH WARRANT

An Arrest Warrant is an order given to the San Diego Police Department, demanding the arrest and detention of a person. These criminal law warrants typically will be issued by the San Diego Superior Court Judge where there is suspicion of criminal activity. For example, when law enforcement in San Diego reasonably suspects criminal activity has occurred, a San Diego Police Officer or San Diego County Depouty Sheriff will obtain a sworn statement from the alleged victim, present it to a San Diego Superior Court Judge who will sign an order for the arrest of that person. The San Diego County 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 San Diego police or San Diego County 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 in San Diego, you should contact Samuel Spital & Associates immediately because you are at risk of being arrested any time in any city or state. As your Highest Rated San Diego Criminal Defense Lawyers, 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 in San Diego on a regular basis and will go to Superior Court to cancel the arrest warrant and, if possible, avoid any custody in county jail. We are your skilled and experienced criminal defense advocates. We will present the arguments to the Superior Court in your criminal law case that are necessary to have you as our client released without posting any bail; in those criminal cases where bail is ordered, we will argue the necessary grounds to lower the bail amount, thereby facilitating your release.

Do not attempt to go to Superior Court to explain the criminal case to the judge without experienced San Diego legal counsel. Unfortunately, far too many individuals have tried and failed in their attempt to offer what seems a valid excuse. Most Superior Court 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 criminal defense 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 in San Diego are issued by the Superior 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 by a San Diego Superior Court Judge 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 after being charged with a crime and/or you fail to appear or show proof of your compliance with a Superior Court ordered sentence and, therefore, term of your probation (such as payment of fines, attendance at certain classes, completion of community service, etc.).

Contact the highest rated  Criminal Defense Attorney Sam Spital if a bench warrant has been issued in San Diego County for your immediate arrest. We handle these cases on a regular basis in San Diego and will go to Superior Court to cancel the bench warrant, and if possible, avoid you having to spend time in the San Diego County Jail. We are skilled, experienced and effective advocates . We will present the arguments to the San Diego Superior Court that are necessary to have our clients in San Diego County released without posting any bail; in those criminal law cases where bail is ordered, we will argue the necessary grounds to lower the bail amount, thereby facilitating your release.

Do not attempt to go to Superior Court in San Diego to explain the criminal case to the judge without experienced San Diego criminal defense 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 criminal defense legal arguments that are appropriate to your crime case so the Bench Warrant in San Diego can be recalled (cleared).

PROBATION VIOLATION

It is important that you are aware you need a San Diego Probation Violation Attorney and/or Arrest Warrant - Bench Warrant San Diego Attorney if you have violated one or more of the probationary terms and/or failed to appear for a hearing in your criminal case, because this may cause the San Diego Superior Court to revoke your probation and then send you to County 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 criminal 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.

Free Initial Attorney Consultation. Affordable Defense.

If you retain the law firm of Spital and Associates, we will fight to win your case. If the judge does not dismiss it, we will use our strategies and negotiation skills to minimize the penalties.

We provide an initial free consultation at your convenience, whether during the week, evening or weekend. We offer excellent service at an affordable rate. We also offer military discounts, senior citizen discounts and student discounts.

We respect our clients' needs and time limitations. We respond to our client's calls immediately and provide timely updates on their cases. Moreover, we are forthright and truthful in our dealings with our clients. We keep our promises. Contact us today.


Samuel Spital & Associates
Main Offices
8880 Rio San Diego Drive
Suite 800
San Diego, CA 92108-1642

Telephone: 619-583-0350

Banker's Hill Associate's Office
Of Counsel - Russell Babcock, Esq.
1901 First Avenue, Suite 138
San Diego, Ca. 92101

Downtown Associate's Office
Of Counsel - Bill O'Connell, Esq.
110 West C Street, Suite 1300
San Diego, Ca. 92101-3978
Call 7 days a week at any hour or send an e-mail now.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
We represent and serve clients investigated, arrested and/or charged with criminal cases, including misdemeanors, felonies, drug violations, homicide cases, theft, battery, domestic violence, rape, robbery, burglary and all other criminal cases, both in State and Federal Court, as well as probation violations, probation terminations, probation modifications, both adult and juvenile cases throughout Northern and Southern California (CA), including the County of San Diego, Orange County, Riverside County, Imperial County, Los Angeles County, San Bernardino County, Santa Barbara County, Ventura County, and all counties in Northern California including Modoc County and Humbolt County.
Some of the larger cities in which we provide these personal criminal law defense services are : San Diego, Chula Vista, El Cajon, Lakeside, Santee, La Mesa, Bonita, Poway, Escondido, San Marcos, Vista, Fallbrook, Pauma Valley, Moreno Valley, Riverside, Redlands, San Bernardino, Arrowhead, Oceanside, Carlsbad, Calexico, El Centro, Brawley, Imperial, Palm Springs, Los Angeles, Van Nuys, Burbank, Bakersfield, Long Beach, Redondo Beach, Manhattan Beach, Pasadena, Glendale, Alhambra, Pomona, West Covina, Tustin, Trabuco, San Juan Capistrano, Santa Ana, Newport Beach, Irvine, Costa Mesa, Anaheim, Fullerton, Calabasas, Malibu, Ventura, Santa Barbara, Santa Maria, San Francisco, Oakland, Fresno, Redding, Modesto,Salinas, and San Jose.
Strong Criminal Defense in State and Federal Cases

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Say What We Mean and Mean What We Say

Our goal is to Be the Best at What We Do

"A Law Firm That Cares!"

Since 1971

 

Call Us 24/7 at 619-583-0350

At Samuel Spital & Associates, we are your top, skilled and experienced San Diego criminal attorneys. Call us also for DUI defense in San Diego -we care about the results for our clients. For serious and result oriented state and federal criminal defense attorneys, call us now. We represent adults and juveniles who face investigation for possible crimes, charges of felony or misdemeanor crimes and probation violations, including reduction and termination of probation cases in state and federal courts in California. For results in your criminal appeal or writ in the California and federal appellate court system, contact us today.

Often, our clients feel as if they should suffer the consequences, incur the sentence and pay the penalties because they engaged in wrongdoing. However, you should not be defined by an isolated misdeed or even a series of bad decisions. Protect your freedom. Call our experienced criminal defense lawyers.

Tough. Determined. Winning Record Criminal Defense Attorneys.

Spital and Associates was founded in 1978 by attorney Sam Spital, a former Deputy Attorney General and Probation Officer. As the managing attorney supervising seven offices throughout California, a team of 10 lawyers and nearly 50 employees handling over 10,000 cases, Sam's relentless focus on his clients and their respective needs continues to be the paradigm for his law firm. Sam Spital is a passionate and zealous advocate, seeking prompt and favorable results. Sam's motto as your personal attorney is: "A Law Firm that Cares!" Highest quality, integrity, service and commitment to our clients are the guiding principles for everything we do.

Our goals are simple:

  1. Superior business ethics: We always conduct our business practices honorably and ethically. We will not engage in any business practices that compromise our work or our integrity or are at the expense of our clients.
  2. Service excellence: We deliver superior service, superior client relations and competent results. The key to our success is teamwork, powerful, relentless and superior advocacy skills. We also are proactive, not only taking the defensive but offensive stance for our clients.
  3. The law firm to rely on: We strive to be the most desirable law firm our clients can retain by providing the highest integrity, honesty and moral character. We consistently win cases for our clients.

When you retain our law firm as your personal San Diego criminal defense lawyers, you can trust that we fully understand the laws and can develop a defense strategy, no matter how small it may be to the most complex murder case, we take our clients seriously. We care about you and will take into consideration your present concerns, reputation and future status.

We know the measure of our success is directly related to the experience of our clients. By reviewing the testimonial page on our web site, you will witness the confidence our clients have placed in us and how we have exceeded their expectations.

Your Constitutional Guarantees

We not only want to win your case, we want the government to be held accountable. Our California criminal defense attorneys believe our clients should have the best legal defense to prevent the government from over-reaching in criminal cases. Our clients deserve better than the stated and often excessive criminal penalties. Aside from the multiple strategies we develop for each client, we want to be sure that illegally obtained evidence cannot be introduced. We also want to safeguard you from violations of procedural and Constitutional guarantees, including your:

Don't Risk Your Future During Criminal Investigations. Call Us Now.

Remember, even though the law enforcement claims you are not a "suspect" and prefers to label you a "person of interest," you should exercise your right to remain silent and immediately secure our legal advice and representation. Innocently, you may make inconsistent statements and/or be lulled into making what the prosecutors could, later, call an admission.

You could face life long consequences, both in your professional career now or in the future. If convicted, you will face criminal penalties, such as incarceration in the county jail or state or federal prison, fines, court fees, court ordered formal (or informal) probation, a work furlough program, community service and more. The terms and conditions of probation are varied and may include court-ordered counseling, special and required classes (such as anger management) as well as lifetime registration as a sex offender (RSO).

We fight to avoid the consequences of a criminal conviction. We take felony and misdemeanor cases seriously, 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 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?

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:

How does a Certificate of Rehabilitation help you?

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 theprobationary 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.

Free Initial Attorney Consultation. Affordable Defense.

If you retain the law firm of Spital and Associates, we will fight to win your case. If the judge does not dismiss it, we will use our strategies and negotiation skills to minimize the penalties.

We provide an initial free consultation at your convenience, whether during the week, evening or weekend. We offer excellent service at an affordable rate. We also offer military discounts, senior citizen discounts and student discounts.

We respect our clients' needs and time limitations. We respond to our client's calls immediately and provide timely updates on their cases. Moreover, we are forthright and truthful in our dealings with our clients. We keep our promises. Contact us today.


Samuel Spital & Associates
Main Offices
8880 Rio San Diego Drive
Suite 800
San Diego, CA 92108-1642

Telephone: 619-583-0350


Banker's Hill Associate's Office
Of Counsel - Russell Babcock, Esq.
1901 First Avenue, Suite 138
San Diego, Ca. 92101

Downtown Associate's Office
Of Counsel - Bill O'Connell, Esq.
110 West C Street, Suite 1300
San Diego, Ca. 92101-3978
Call 7 days a week at any hour or send an e-mail now.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
We represent and serve clients investigated, arrested and/or charged with criminal cases, including misdemeanors, felonies, drug violations, homicide cases, theft, battery, domestic violence, rape, robbery, burglary and all other criminal cases, both in State and Federal Court, as well as probation violations, probation terminations, probation modifications, both adult and juvenile cases throughout Northern and Southern California (CA), including the County of San Diego, Orange County, Riverside County, Imperial County, Los Angeles County, San Bernardino County, Santa Barbara County, Ventura County, and all counties in Northern California including Modoc County and Humbolt County.
Some of the larger cities in which we provide these personal criminal law defense services are : San Diego, Chula Vista, El Cajon, Lakeside, Santee, La Mesa, Bonita, Poway, Escondido, San Marcos, Vista, Fallbrook, Pauma Valley, Moreno Valley, Riverside, Redlands, San Bernardino, Arrowhead, Oceanside, Carlsbad, Calexico, El Centro, Brawley, Imperial, Palm Springs, Los Angeles, Van Nuys, Burbank, Bakersfield, Long Beach, Redondo Beach, Manhattan Beach, Pasadena, Glendale, Alhambra, Pomona, West Covina, Tustin, Trabuco, San Juan Capistrano, Santa Ana, Newport Beach, Irvine, Costa Mesa, Anaheim, Fullerton, Calabasas, Malibu, Ventura, Santa Barbara, Santa Maria, San Francisco, Oakland, Fresno, Redding, Modesto, Salinas, and San Jose.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Copyright © 2010 by SAMUEL SPITAL AND ASSOCIATES. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.

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