If you are like most people facing criminal charges, you are frightened and confused by the process that lies ahead of you. It is normal to be concerned about your freedom, reputation, and the harsh consequences and penalties that may follow. But with the right criminal defense lawyer at your side, you will feel less stressed and more confident that your legal rights will be protected.
When seeking an aggressive and competent criminal defense lawyer, it is imperative that the lawyer you ultimately hire is highly qualified and experienced in criminal defense cases and the criminal court system. Each case is unique and the circumstances and evidence surrounding the alleged crime need to be reviewed in great detail by your lawyer in order to prepare a successful defense for the criminal charges you are facing.
Our office has successfully handled an array of criminal cases involving:
If you or a loved one is being investigated or charged with a criminal offense you need to seek the advice of a top criminal defense lawyer immediately. The Law Offices of Mark A. Gallagher has successfully represented clients charged with offenses throughout the greater Los Angeles and Orange County area. Mark A. Gallagher is armed with the knowledge and experience to build a successful defense and obtain the best possible outcome for your case. In addition to personally handling your case from arraignment through trial, he will be available to you during every step of the criminal process. For a complimentary consultation with a top criminal defense lawyer, please contact the Law Offices of Mark A. Gallagher.
The loss of your driver’s license can have a dramatic effect on the quality of your life and on those who depend on you. The California Department of Motor Vehicles (DMV) will suspend and revoke driver’s licenses for a variety of reasons. These actions usually stem from incidents, which the DMV determines are a risk to public safety, such as a DUI, excessive traffic violations, or failures to appear. If your driving privileges are at risk of being suspended or revoked, it is imperative that you seek the legal assistance from a criminal defense attorney as soon as possible.
A DMV hearing is not mandatory and will not address whether you are guilty of a criminal act. Rather, this is the chance for you or your criminal defense attorney to explain the circumstances of your arrest, or any other action that has lead to the revocation or suspension of your driving privileges, and prevent the suspension of your driver’s license. There are several types of DMV hearings; the ones you will most likely encounter are Negligent Operator Hearings and Administrative Per Se Hearings.
These hearings are associated with drivers who have been charged with a DUI. If you fail to contact the DMV within ten (10) days after your DUI arrest to request an Administrative Per Se hearing, your license will be automatically suspended after your 30 day temporary license expires. Therefore, it is imperative that you hire a criminal defense attorney immediately following a DUI arrest to request an Administrative Per Se hearing within the time limit, or you may simply suffer the suspension without any recourse. Our lawyers can help you fight the initial suspension and advise on the fastest course of action to recover a license or restricted license following any order of suspension.
Your drunk driving arrest has thrown a wrench into your life. You have never been arrested before. This is your first DUI. Will your license be suspended? Will you end up in jail? An experienced criminal attorney can answer your questions regarding California’s complex DUI laws and help you through the legal process, often delaying or even preventing the suspension of your driver’s license and avoiding jail time. For multiple offenders or those with a case involving and accident and/or injury (VC 23153), the need for a lawyer is even more critical. The penalties for DUI in California are increasing every year and we know what to do to ensure the best possible outcome for your DUI case.
If you have been arrested for a DUI, it is important that you seek immediate legal representation. You only have 10 days from the date of arrest to request a DUI DMV Administrative Per Se (APS) hearing with the California DMV in order to prevent the automatic suspension of your driver’s license. It is important to note that you should request this hearing even if you do not hold a California license. Your Los Angeles criminal attorney will set a hearing date and properly represent you in order to preserve your driving privileges and allow you to continue to legally drive pending the outcome of the APS DMV hearing.
When charged with violating California DUI laws, you will face proceedings in the criminal justice system and a hearing with the California DMV. You may be subjected to BOTH criminal and civil penalties. Most drunk driving charges are misdemeanors but if other factors are present, such as injury, accident or three prior convictions, felony DUI charges are laid.
Understanding the California DUI laws for both proceedings is not simple. These laws are purposely drafted to be vague and complex. Because of the complexity of these laws, it is in your best interest to hire a top criminal attorney as soon as possible. Conviction is NOT inevitable and a knowledgeable attorney will be able to either avoid or reduce the impact of the penalties.
A juvenile crime accusation can throw families into complete turmoil. If your son or daughter is accused of a juvenile crime, you will be faced with numerous questions and be worried over the uncertainty of your child’s future. At stressful times like these, it is essential that you have an experienced and sensitive Los Angeles criminal lawyer at your side to advise and guide you through the frustrating juvenile justice system.
In most juvenile criminal cases, a child under the age of 18 will be tried as a minor with a petition filed under WIC 602. If your child is charged with a serious crime such as rape, murder or kidnapping, he or she may be tried as an adult after a fitness hearing. The California juvenile system, while similar in some respects to the adult justice system, is complex and has its own rules, regulations, and customs. As such, if your child is facing a criminal charge, it is imperative that you enlist the legal assistance of a Los Angeles criminal lawyer as soon as possible.
Whether your child is tried as a minor or as an adult, he or she has the right to proper disclosure of charges and a vigorous defense. The juvenile system does not engage in jury trials and juvenile matters are only entitled to a bench trial. Many families learn the hard way that once a child is declared a ward of the court under WIC 602, it very hard to get your family “out of the system”. It is imperative that you hire an aggressive criminal lawyer to help protect your child’s legal rights.
If your child is arrested anywhere in the greater Los Angeles or Orange County area, it is important that they behave as any adult would, regardless of the charge he or she is facing. Your child should take the following into consideration:
Juvenile Dependency Court, or WIC 300 cases, involve the removal of your children from your home by the government. WIC 300 cases can begin in connection with an arrest of either or both parents, or they can be triggered by contact with social services. CPS or Child Protective Services will also operate in this arena. This division of the California juvenile court is one of the most challenging areas of law for any family to deal with. The emotional roller coaster that accompanies a case like this will often be used against you by the government in order to demonstrate your unfitness as a parent. Anyone dealing with social services should contact the Law Offices of Mark A. Gallagher immediately for legal assistance.
Has your California driver’s been license suspended? Are you trying to get your license in another state but not able to because California has a hold in the national registry? Most of the time this is a problem your criminal lawyer can help fix quickly at a reasonable cost. In most situations, your lawyer can even reduce the monetary penalties from the amount the court is demanding for warrants or through collections. If you or someone you know needs assistance with a suspended license, it is in your best interest to hire a criminal lawyer.
If you are pulled over while driving with a suspended license, you can be charged with a criminal charge under California Vehicle Code 14601 et seq. It is imperative that you consult with a Los Angeles criminal lawyer as soon as possible to reinstate your license and prevent further problems.
In California, your driver’s license can be suspended for a number of reasons, including:
Vehicle Code section 14601 makes it a misdemeanor to knowingly drive with a suspended or revoked license. The reasons your license was suspended or revoked will determine which section of VC 14601 you will be charged with. Your criminal lawyer will provide you details with regards to each section.
If you fail to pay your traffic ticket on time or do not appear in court, the Court will usually have the DMV place a hold on your license pursuant to Vehicle Code 40509.5, charge you a steep monetary fine, and refer your case to GC Services.
If the status of your traffic ticket says “VC 40509.5 Holds”, you should immediately contact a criminal defense attorney prior to taking any further actions. A criminal defense attorney can fight your traffic ticket and the big fines GC Services will be attempting to charge you. With the help of your attorney, you can clear up your license suspension in a quicker manner and avoid further legal actions, including an arrest warrant or bench warrant out for your arrest.
Many people view traffic matters as a purely financial transaction. Using a narrow lens, these people often assume that it doesn’t make sense to fight a ticket if it’s cheaper to just pay the ticket. The problem with this is that they fail to consider the long term effects on insurance rates and employment opportunities. This rule is especially true for anyone with a commercial or Class A license. For a commercial driver, a simple traffic ticket can mean a permanent loss of income.
The Law Offices of Mark A. Gallagher are uniquely equipped to deal with a variety of traffic citations, from minor infractions to serious moving violations, misdemeanors, and felonies. If you have been cited for a violation that you believe to be the result of an error, or received letter from GC Services demanding payment of a huge fine for a traffic ticket you got in the Los Angeles or Orange County area, we can help. Regardless of how insignificant your traffic ticket may seem at the time, it is almost always worth your while in the long run to consult a criminal attorney about your case.
The simple truth is that moving violation citations will have various negative effects on all aspects of your life, including carrying a point on your DMV record, causing an increase in insurance payments and possible loss of driving privileges. Ignoring these traffic tickets will not make them go away. In fact, it will only make the situation worse. Failure to appear on a traffic matter is a criminal offense and driving on a subsequently suspended license will often result in jail time.
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