San Diego DUI & Criminal Defense Attorney
The Law Office of Michael Rehm is a DUI and Criminal Defense Law Office that practices throughout San Diego County. Michael Rehm is available for free, confidential consultations at (619) 787-3456.
In DUI related matters, a hearing must be set with the California DMV within 10 days of the arrest. Therefore, even with the normal sense of urgency in a criminal case, there is a strict deadline right away. This hearing allows the defense an opportunity to contest any potential license suspension, as well as obtain valuable evidence from the DMV, that might not be available in court.
Aside from that, the normal urgency of a DUI or Criminal case starts right away. Witnesses need to be interviewed. Statements need to be obtained. The scene of the incident needs to be examined to determine if there are any potential surveillance videos that could provide exculpatory evidence to the accused. Work needs to get started right away. San Diego Criminal Lawyer Michael Rehm takes an aggressive approach to Criminal and DUI cases. As it should be, since our liberty interest demands it.
In all Criminal cases, including drunk driving matters, the founding fathers set up particular protections for the accused. The right to a public and speedy jury trial. Guilt must be shown by proof beyond a reasonable doubt, and the jury must come to a unanimous verdict. The right against unlawful search and seizure. The right against self-incrimination. The right to confront and cross-examine all witnesses against you. The right to remain silent. These rights are there for a reason. Fairness in the criminal justice system is the backbone of a free and righteous society.
The founding fathers believed it was preferable for ten guilty men to be set free, than for one innocent man to be found guilty. That principle is the underlying foundation of the rights bestowed by the Constitution and the Bill of Rights and they are your ultimate protections when faced with criminal charges. When effectively exercised, they will provide that protection. A thorough understanding of the law is necessary in criminal defense. A thorough understanding of the law and how alcohol absorbs into the bloodstream is necessary for DUI defense. But the underlying protections of the Constitution and the Bill of Rights apply to both. Contact Michael Rehm for a free consultation to find out howhttps://michael-rehm.lawlyticsapp.com/sites/414/pages these protections apply to the facts of your case.
What We Defend:
The Law Office of Michael Rehm provides representation on all driving under the influence matters. There are many potential charges in drunk driving litigation. Vehicle Code 23152(a) and (b) are the most common charges associated with a DUI case. There are also felony DUI charges, wet reckless, DUI Boating and several enhancements that can be added to these types of cases. These cases can have far-reaching consequences. Obviously, the more severe the charge, the greater the need for a qualified attorney and a sound defense.
Although every case is unique, and the consequences will be unique to each individual, there are certain factors that are looked at in every DUI case. The two main factors are impairment and driving. If it is DUI case with alcohol, as opposed to drugs, what was the blood alcohol level? That is where you start, but it is certainly not where you end up. The blood alcohol level usually referred to in these cases is the result of either the blood or breath test administered by law enforcement either before or after an arrest. This is the government's version of events. This is the government's determination of what your blood alcohol level was. Is the number they are providing an accurate reflection of what your blood alcohol level was at the actual time of driving? Probably not. This is important to remember when dealing with DUI defense. The “facts” can be entirely speculative and in reality are not facts at all.
It only takes a casual conversation with a forensic toxicologist in regards to how alcohol absorbs into the bloodstream, and how a breathalyzer or a blood test is not an accurate reflection of what an individual's true blood alcohol level is, or for that matter their true level of impairment, that it becomes obvious that a lot of the government's case in these matters is based on flawed evidence. What the blood alcohol level was at the actual time of driving can many times be the crux of the case, and the only real fact is that there is no answer to that question, just speculative opinions. Speculation should not equate to proof beyond a reasonable doubt.
The actual driving of the vehicle is relevant for multiple reasons. First, there has to be proof there was driving in general. Second, if driver of the vehicle is stopped while driving a vehicle, what was the reason? Is the reason sufficient to detain the driver? If it is not, or it is questionable, a Motion to Suppress Evidence, pursuant to Penal Code 1538.5, is the proper course of action to challenge the bogus stop, and ultimately to suppress the evidence gathered after the stop occurred, which is generally all of the evidence in the case. In other words, the evidence gathered after the illegal stop will be thrown out of court. Third, if law enforcement did have a legal justification for detaining the vehicle, how was the driving in general? In cases where the blood alcohol level is low, one of the main pieces of evidence the prosecutor will use to show impairment is the driving, but obviously only if it was poor. Therefore, if the driving was not poor, or the driver was detained for a reason that had nothing to do with driving, like a sobriety checkpoint, expired tags, etc, this can be important evidence to show proof of actual sobriety at the time of driving. If impairment is an issue in general, and the driving is also not bad, the prosecution's case just became that much tougher.
This cursory overview is explained in much greater detail throughout the website, specifically in the DUI defense section, but for now, it is important to remember that these cases have multiple issues, and the services of an attorney that regularly practices DUI defense is highly advised. Even in the most “ordinary” case, where the client has no desire to go to trial, there are always potential plea bargain resolutions, including reducing the length of the DUI school, reducing or eliminating any potential jail or alternative sentencing, or reducing the charges in general, to a wet reckless, dry reckless, etc. depending on the circumstances of the case.
San Diego Domestic Violence Lawyer:
Domestic Violence offenses encompass more than physical or verbal fights between two people involved in a romantic relationship. Examples of common Domestic Violence charges are:
■ Terrorist/Criminal Threats – Penal Code 422
■ Elder Abuse – Penal Code 368
■ Violation of a Restraining Order – Penal Code 273.6
■ Corporal Injury to a Spouse/Cohabitant – Penal Code 273.5
■ Battery to Fellow Parent/Spouse/Cohabitant – Penal Code 243(e)(1)
■ Child Abuse – Penal Code 273(d)
■ Child Endangerment – Penal Code 273a
These crimes are discussed extensively on their corresponding pages in this website. Each charge deals with different issues, but regardless of what the charge is, a strong defense is essential to successfully defending yourself in these types of cases.
Domestic Violence has a certain stigma associated with it in society and therefore it can be treated differently in court and in society in general. San Diego Domestic Violence Attorney Michael Rehm takes every measure to ensure that his clients do not end up with a domestic violence conviction on their criminal record. A conviction can have far reaching consequences for future employment opportunities, as well as in Family Court.
Unfortunately, both men and women that are going through a child custody dispute or a divorce have used a false allegation of domestic violence in Criminal court to their advantage in Family Court. The Family Court will generally defer to the Criminal Court to determine what actually occurred, so a strong defense in Criminal Court is where these false allegations are fought. Once a conviction has been obtained in Criminal Court, it is much more difficult to assert false allegations in Family Court.
San Diego Drug Defense Attorney: The Law Office of Michael Rehm provides representation on all Drug charges throughout San Diego and surrounding counties. Examples of common Drug Charges include:
■ Health & Safety Code 11351 – Possession of Controlled Substance for Sale
■ Health & Safety Code 11357 – Possession of Marijuana
■ Health & Safety Code 11359 – Possession of Marijuana for Sale
■ Health & Safety Code 11364 – Possession of Drug Paraphernalia
■ Health & Safety Code 11377 – Possession of Methamphetamine
Drug cases can come with stiff penalties, including potential lengthy incarceration time. Required registration as a drug offender can also be required. A good defense is a must when facing these serious consequences.
A large number of drug cases involve some sort of search conducted by law enforcement to uncover the drugs in question. So the 4th Amendment protection against unlawful search and seizure is a natural aspect of defending drug charges. If the search was unlawful, the case can get disposed of if successful at establishing that fact. This would normally be done at a Motion to Suppress Evidence, pursuant to Penal Code 1538.5. Therefore, much like in DUI Defense, an in-depth knowledge of the law applicable to the 4th Amendment is necessary in order to properly defend these types of charges.
Many drug offenses can be successfully resolved through Penal Code 1000 Diversion or through Prop 36 diversion. The normal procedure for a defendant, who is deemed to be eligible for one of these programs, is to plead to the charge, and have plea withdrawn and the case dismissed upon successful completion of the program. Generally speaking, Penal Code 1000 Diversion is the less intrusive of the two types of programs, with Prop 36 normally consisting of activities and required attendance up to 5 times a week, which can obviously be very difficult to the employed individual or the lower income person who has transportation issues. The big advantage to successful completion of diversion is full dismissal of the charges. San Diego Drug Attorney Michael Rehm has the goal of a full dismissal in mind in every drug case.
For the individual who is not a citizen of the United States, there are major potential immigration consequences stemming from a conviction for certain drug charges. Such consequences can be deportation, denial of naturalization or ineligibility for reentry. Also, in the narrow context of the non-citizen having the Penal Code 1000 or Proposition 36 alternative, a dismissal pursuant to diversion does nothing for immigration consequences. It is still considered a conviction even if it later was dismissed pursuant to Prop 36 or Penal Code 1000. Therefore, diversion is not an option for the non-citizen. There are however certain plea bargains that can be worked out that avoid immigration consequences, but an understanding of the effect criminal law consequences can have in Federal Immigration Court is a necessity for any attorney representing non-citizens on drug, or criminal, charges in general.
Michael Rehm provides representation on a broad range of criminal cases. In addition to DUI Defense, Domestic Violence and Drug charges, The Law Office of Michael Rehm also provides representation on the following:
■ Assault & Battery
■ White Collar Crimes
■ Theft related crimes
■ Misdemeanor Level Traffic Offenses, such as Driving on a Suspended License.
■ Juvenile Criminal Matters
San Diego DMV Lawyer: Michael Rehm provides representation on all DMV license revocation/suspension matters, including:
■ Negligent Operator Hearings
■ Administrative Per Se Hearings
■ Violation of Probation Hearings: based on either negligent operator probation or zero tolerance in relation to a prior DUI.
■ Medical Revocation Hearings.
FREE CONSULTATIONS: Call (619) 787-3456
The Law Office of Michael Rehm offers free, confidential consultations. During the consultation an in-depth conversation regarding the law and ultimately, how the law could apply to the facts of your case will be discussed. This consultation is 100% free, with no obligation to become a client. San Diego DUI Lawyer Michael Rehm takes pride in assisting the general public with legal issues. Therefore, even if an individual has no desire to hire an attorney, please feel free to contact Michael Rehm, and he will do his best to provide the right course of action during this tough time. The attorney-client privilege does apply to consultations, so rest assured that the consultation is 100% confidential, even if the individual never becomes, or never had any intention of becoming, a paying client. Please have all relevant paperwork in regards to any arrest, notice to appear or temporary driver's license available.
The Law Office of Michael Rehm serves all of California, including the areas of San Diego, El Cajon, Vista, Chula Vista, La Jolla, Carlsbad, Encinitas, Oceanside, North County, Escondido and Surrounding Counties.