If your California driver’s license was suspended due to a DUI, you may be eligible for a restricted license if:

• This is your only DUI-related offense within the last 10 years.
• The results of your chemical test showed a BAC level of: 0.08% or more, if you were operating a non-commercial vehicle OR 0.04% or more, if you were driving a commercial vehicle.
• You were 21 years old or older at the time of your arrest.

In order to obtain a restricted license from the California DMV, you must enroll in a licensed DUI First Offender program. Notify the program provider that you are applying for a restricted driver’s license.

After your mandatory suspension of 30 days:

• Ask the program provider to file a Proof of Enrollment Certificate (Form DL-107) with the CA DMV.
• Pay the $125 reissue fee.
• File proof of your financial responsibility, such as: California Insurance Proof Certificate (SR 22).
• Request a “To/From/During Course of Employment and DUI Program” restriction.

Your restricted license will be valid for 5 months and will only allow you to:

• Drive to, from, and during the period of your employment.
• Drive to and from the location of your DUI program.

NOTE: If you don’t complete your DUI program, your CA driver’s license will be suspended for 4 months.

If you have been charged with a DUI, call our office to speak with William Daley, an aggressive San Diego DUI lawyer and San Diego criminal defense attorney with over 30 years of experience defending his clients and fighting their DUI charges. Call our office today at (619) 238-1905 for a free consultation.

California Penal Code 273d PC punishes “corporal injury or punishment on a child” commonly referred to as child abuse. This offense is known as a “wobbler,” meaning that it can be charged as a misdemeanor or a felony, depending on the facts of your case and your criminal history. Less serious acts or injuries will be charged as misdemeanors and those more serious will be charged as felonies.

Under this law, child abuse is described as the willful infliction of cruel or inhuman corporal punishment or any injury that results in a traumatic condition. Meaning if you intentionally harm a child and it results in a visible or internal injury, even if it is minor, you may still be charged.

Some examples include:

• hitting, punching, slapping, kicking, pushing, shaking, choking, burning, or throwing an object at a child.

Spanking is usually not considered child abuse because parents have a right to discipline their children “reasonably” in a manner they see fit. Spanking, when used to discipline, is not considered child abuse under California law unless it becomes unreasonable, excessive, or causes bodily injury.

There is no specific definition of what qualifies as child abuse under California Penal Code 273d PC. The jury will review the circumstances surrounding the incident to decide whether or not it was abuse.

Defenses to Penal Code 273d – Child Abuse include:

• False allegations of child abuse
• Injuries caused by things other than child abuse
• Parent’s right to discipline
• The injury is a result of an accident

If you are charged with child abuse, it is important that you hire a knowledgeable California criminal defense lawyer who can convince the court that the alleged punishment was a reasonable means of discipline. Additionally, false allegations of child abuse or misleading evidence can destroy your family, reputation, career, and freedom.

William Daley is an aggressive criminal defense and San Diego DUI lawyer with over thirty years of experience. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

Most people arrested for shoplifting are caught in a department or retail store, usually staffed with security personnel and cameras. Many security personnel will act as shoppers to keep an eye on people they suspect of shoplifting. Security will usually wait until the person has left the store and will approach them once outside and ask them to come to a back office with them.

When they take you to the back they will try to get you to give a statement admitting to the crime. They might make it seem like they will not call the police or file charges if you do. Don’t get fooled into making a statement! Use your right to remain silent and do yourself and your criminal defense lawyer a favor and don’t make a statement to anyone about anything. It will be much easier to defend your case in court if you say nothing.

When police arrive they will usually issue a citation and let you go without taking you to the police station, but they may in some cases and even set a bail amount. You will usually have some time between the arrest and the court date – this is the time to act!

There are many programs for people accused of a shoplifting that can be done in lieu of having a criminal case in the court, especially if it is a first time arrest. Even people who have had prior arrests can take advantage of these programs with the help of an experienced criminal defense lawyer. After I arrange my clients’ participation in these programs I have been able to get their shoplifting cases dismissed after meeting with the prosecutor. The most important thing is to call a California criminal defense lawyer who knows how to work the system and stop a criminal case from being filed against you.

William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

Have you ever been pulled over and detained by a police officer who told you that they were reasonably suspicious because you were “weaving or swerving”? Did the officer then search your car or arrest you for driving under the influence?

Most people are not aware that there are no sections in the Vehicle Code that prohibits weaving. Weaving within your lane or even touching the dividing lines is not a violation.

However, Section 21658 of the California Vehicle Code is known as a “Lane Straddling” violation:

“Whenever any roadway has been divided into two or more clearly marked lanes for traffic in one direction, the following rules apply: (a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.”

However, in 2002, the decision in a 9th Circuit case, United States v. Colin, states that to violate a lane straddling statute you must do more than simply touch the dividing line.

Therefore, an officer cannot justify a traffic stop on a violation of Vehicle Code section 21658 if the driver is weaving within their lane, even if they touched the dividing line.

On the other hand, the Courts in California have held that pronounced weaving within a lane for substantial distance provides “reasonable suspicion” for a stop. In the case of People v. Perez (1985) the following occurred: an officer observed a driver weaving within his lane two feet in each direction for approximately ¾ of a mile. The Court found that there was a “reasonable suspicion” of intoxication and held that “pronounced weaving within a lane provides an officer with reasonable cause to stop a vehicle on suspicion of driving under the influence when such weaving continues for a substantial distance.”

If a police officer said that he/she pulled you over because you were weaving, I will take a close look at whether the weaving was legally considered weaving over a substantial distance. If it isn’t substantial, a suppression motion must be made to suppress the evidence. Suppressing the evidence will have all evidence against your case thrown out based on the fact that there wasn’t a valid reason for you to be pulled over.

William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

While reading that question, you may have instantaneously thought of a car accident. However, there are also accidents that involve drugs, damage and death. Between the adrenaline rush, a racing heart, and nerves, people may run or flee the scene. In California this may be considered a misdemeanor or felony depending on the situation, and can result in heavy fines and jail time.

Although this rule pertains to all accidents, it is mostly associated with car accidents. California hit and run takes place if someone leaves the scene of an accident without first identifying themselves to the other people involved. It is very important that all involved parties stop immediately after they have been in an accident. Sometimes, the minutes immediately following an accident are crucial to saving a driver or passenger’s life, and for this reason law enforcement comes down hard on drivers who flee the scene of an accident.

Misdemeanors usually involve someone fleeing a scene where there is only damage to the other parties’ property as well as minor injuries. A misdemeanor hit and run can get you up to 6 months in jail as well as a heavy fine. In cases where someone other than yourself is seriously injured and possibly dead, you could be charged with a felony, or possibly manslaughter. The prosecutor will look at your criminal history as well as accident details to decide whether or not to charge you with a misdemeanor or felony in those cases where there is injury or death. California hit and run laws still apply whether or not the accident was your fault. If prosecuted as a felony, you could be facing up to $10,000 in fines as well as 16 months to 3 years in prison. However, if someone was killed or permanently disabled, you could be facing 2-4 years.

Leaving the scene of any accident is a crime and serious issue. So don’t do it! In any case, if you find yourself in that situation, you can fight it! There are a number of defenses that your California criminal defense attorney can use to help lessen your charges or even get them dropped. If you have been charged with a hit and run or leaving the scene of an accident, it is important you hire an experienced attorney who will work to have this charge reduced or dismissed. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

California Penal Code 602 PC (and its related sections) penalizes over 30 acts that are considered criminal trespassing. The most common acts that California trespassing laws prohibit are:

• entering someone else’s property with the intent to damage that property,
• entering someone else’s property with the intent to interfere with or obstruct the business activities conducted thereon,
• entering and occupying another’s property without permission, and
• refusing to leave private property after you’ve been asked to do so.

Despite the various acts that can be charged as trespassing, they all include:

1.  the fact that you willfully enter someone else’s property,
2. with the specific intent to interfere with that person’s property rights.

California trespassing laws can be filed as infractions, misdemeanors, or felonies.

Misdemeanor Penal Code 602 violations subject you to up to six months in a county jail and a maximum $1,000 fine. However, certain violations will raise your jail sentence to one year.

You may be charged with a felony if you commit a California “aggravated” criminal trespass (if you threaten to injure another person seriously and, within 30 days of making that threat, unlawfully enter that person’s home or workplace intending to carry out your threat).

Aggravated trespass can be charged as a misdemeanor or a felony, depending on:

1. the circumstances of the offense, and
2. your criminal history.

A misdemeanor conviction for aggravated trespass subjects you to a maximum one-year in the county jail and a maximum $2,000 fine. A felony conviction for this offense subjects you to the same fine and 16 months, or two or three years in the California State Prison.

If you are accused of this offense, you may also be charged with making criminal threats and/or burglary.

If you have been charged with trespassing, it is important you hire an experienced attorney who will work to have this charge reduced or dismissed. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

Under California law, entrapment refers to a situation where a normally law abiding person is induced to commit a crime that he/she otherwise would not have committed.

Official conduct that constitutes entrapment under California law:

• pressure
• harassment or threats
• fraud

Official permissible conduct not subject to California entrapment law:

• presenting an opportunity to participate in criminal activity
• initiating the criminal activity
• undercover operations
• reasonable assurances that you’re not being “set up”

Entrapment will not serve as a defense if the officer simply offers you the opportunity to participate in an illegal activity. The courts believe that reasonable people presented with a simple opportunity to commit a crime resist the temptation to do so.

If you believe you are a victim of entrapment, contact the Law Office of William Daley at (619) 238-1905 for a free consultation. William Daley is a San Diego criminal defense and San Diego DUI lawyer with over 30 years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

A San Diego criminal defense attorney can guide you through the multiple drug diversion programs and options which defendants have in a criminal case. Under California Penal Code Section 1000 a defendant may receive a deferred entry of judgment by pleading guilty to the offense and agreeing to enter into a drug program. The guilty plea is deferred until the individual successfully completes the drug program, after which the criminal charges are dismissed. Successful completion of a drug program under PC 1000 also gives an individual the right to answer that they have never been arrested for or charged with the drug offense.

Drug offenses that fall within the provisions of PC 1000 are:

• Possession of a controlled substance (restricted drug) H. & S. 11350
• Possession of marijuana H. & S. 11357
• Possession of drug paraphernalia H. & S. 11364
• Aiding, assisting or abetting the unlawful use of controlled substances H& S11365
• Possession of non-narcotic prescription drugs without a prescription H. & S.11377
• Possession of prescription drugs without a prescription Business & Professions Code 4060
• Cultivation of marijuana for personal use H. & S. 11358
• Creating or using a forged or altered narcotic prescription, where the drug obtained was for personal use and not sold or furnished to another H. & S.11368
• Possession of marijuana while driving Vehicle Code 23222(b)
• Using or being under the influence of a controlled substance H. & S. 11550; Penal Code 647(f)
• Solicitation of commit a felony (applies where solicitation was for personal use only) Penal Code 653(f)

Other Requirements:

• You cannot have any existing or prior convictions relating to controlled substances.
• The underlying offense cannot be a crime of violence or threatened violence.
• A person who is charged with both being under the influence of a controlled substance H. & S. 11550 along with driving under the influence of alcohol and a controlled substance would likely be denied.
• A person who was or is on probation or parole for a prior offense must have successfully completed them.
• A defendant who had his prior probation or parole revoked will not be eligible.
• A defendant may not be eligible for deferred entry of judgment or drug diversion if he has completed or been terminated from diversion or deferred entry of judgment or received a felony conviction within the last 5 years.

Call us today to confidentially discuss your case and eligibility for PC 1000. William Daley is a San Diego criminal defense and San Diego DUI lawyer with over 30 years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!

When you are charged with a crime, whether it is a Felony or Misdemeanor, DUI or Murder, selecting the best lawyer for you and your case may be the hardest part.  

• Hire a San Diego criminal defense attorney that has experience in the particular area of defense that you need and has handled cases similar to yours.
• If you can, hire a private attorney. Public defenders have very little time and resources to work on your case specifically. They are often juggling over two hundred cases and this may jeopardize your ability to have effective representation in court.
•  Determine what qualities are important to you in an attorney. Do you want someone with little experience, who may try to make up for it by charging a smaller fee, or are you looking for someone with a long standing law practice, with well-established credentials?
• Find out what legal organizations the lawyer belongs to. At the very least, he should belong to the County and State Bar Associations. It is best if he also belongs to the National Association of Criminal Defense Lawyers (NACDL) and the State Association of Criminal Defense Lawyers.
• Determine if he is a lifetime member or has ever held an office in any of the organizations of which he is a member. Bar association commitment and/or activities are good indications of how the lawyer’s colleagues feel about him.
•  Check out client reviews on places like Yelp.com, or Avvo.com, etc. The reviews of former clients are a good way to get honest information from someone, other than the attorney, about how he performs in the actual representation of his clients.
•  Don’t be fooled by advertising slogans, such as “former deputy district attorney” or “aggressive trial lawyer.” Meet the lawyer and decide if you have confidence in his skills and feel comfortable with his analysis of your case. Also remember, if what the lawyer says or promises to do sounds too good to be true, it probably is. Is he scaring you, or promising too much just so you hire him? Or is he giving you an honest evaluation of your case? Which you may not want to hear, but will likely work out best for you in the long run.
•  Ask who will work on your case if you hire this attorney, and what their experience level is. Will the attorney that you speak with be the one working on your case, or will it get handed off to another person in the office that you may have never met.

To discuss your case confidentially with William Daley, call our office today at (619) 238-1905 for a free consultation. William Daley is a San Diego criminal defense and San Diego DUI lawyer with over 30 years of experience defending his clients and getting their charges reduced or dismissed.

In criminal law, “taking the Fifth,” also called “pleading the Fifth,” is when you refuse to testify under oath because your answers could later be used to incriminate yourself. This right comes from the Fifth Amendment of the Bill of Rights in our U.S. Constitution.

Typically, you would plead the Fifth when you’re called to testify in a trial or when being deposed. However, much of the public confuses taking the Fifth with an excuse to avoid testifying. In actuality, you can’t refuse to answer any relevant question, unless the answer will incriminate you. If your answers to the questions could be used to convict you of a crime, you can assert this right.

You can only take the Fifth to avoid answering incriminating questions in matters where you’re a witness. If you’re charged with a crime and choose to take the stand to testify in your own defense, you can’t take the Fifth to avoid questions by the prosecution. You can, however, choose not to testify at all, and avoid all questioning on the witness stand.

There are some exceptions to these rules. Because federal grand juries have the power to subpoena people and force them to take the witness stand, defendants in such proceedings generally refuse to answer any questions, citing their Fifth Amendment rights. However, if the defendant does choose to answer EVEN ONE question during the proceeding, the protection of the Fifth Amendment is lost.

Although the Fifth Amendment generally only protects you against matters that may later be used against you, in some cases the spousal privilege protects you against making incriminating statements against your spouse.

Also, the Fifth Amendment doesn’t protect you from having to answer questions in civil cases once there is no possibility of a criminal charge. For example, this could be so once the criminal case is resolved, or if the statute of limitations has passed and you can no longer be charged.

You could ask for immunity for your actions in exchange for your testimony. This could reduce or dismiss any charges coming from your testimony. Remember, taking the Fifth offers some protection, but there are other ways the court can make you testify.

If you or a loved one is arrested, you will need an experienced and aggressive attorney to defend you. William Daley is a San Diego criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!