Articles
Another "Not Guilty" in a Criminal Case in Kern County!
[2009-07-04]:
Matthew J. Ruff obtained yet another complete acquittal in a criminal jury trial in Bakersfield. The case was about an allegation of road rage by a commercial truck driver on a Kern County highway. The CHP stopped and arrested Mr. Ruff's client last year after a young woman complained she was repeatedly rammed by a big rig on highway 99 in the city of Bakersfield. The client was interviewed by the CHP and denied any involvement in the collision despite physical evidence showing that a impact had occurred with the truck and the car. At trial the victim testified that she was rammed 5 times by the truck driver and the CHP officer produced photographs showing that the truck bumper had in fact slammed into the rear of the victim's car. Notwithstanding this very damaging evidence pointing to the client's guilt, Matthew Ruff introduced an alternative theory that showed that the defendant may have hit the car but may not have felt it and further that the victim cut in front of the big rig and was in the blind spot thereby creating a situation where the truck driver had no knowledge of any impact. After a 3 day trial, the jury was out less than one hour and returned a verdict of not guilty, commenting that Mr. Ruff had persuaded them of his client's innocence.
What are the Penalties for a DUI?
[2009-05-30]:
Initially, it is important to emphasize that an arrest for a DUI is not a conviction and will not result in any
long term ramifications unless you are convicted by a competent Court or you neglect to
request a DMV administrative hearing. With that being said, you must understand if you
do not hire a Lawyer to fight the case your chances of avoiding a conviction
are not good. Experienced
Driving under the influence Attorneys such as
ourselves have very high success rates for their clients and are able to avoid
the mandatory consequences in many cases. The following information
assumes the person does not choose to fight his or her DUI or DWI and
simply wishes to plead guilty and/or not hire a Lawyer to challenge the DMV
suspension:
What is the difference between a bench warrant and an arrest warrant?
[2009-04-11]:
Both types of judicial warrants involve a decree or order issued by a judge commanding the sheriff or other law enforcement officer to capture and deliver a person to the Court. The primary difference between the two is the circumstances surrounding their issuance. A bench warrant is issued "from the bench" by a magistrate or Judge sitting on a particular criminal case, the usual reason is due to a failure to appear by the defendant on a criminal case. Other reasons can include the failure to comply with orders of the Court such as not providing proof of enrollment in a DUI class, not paying fines and fees or proof of completion of community service.
An arrest warrant on the other hand is issued after the filing of a criminal complaint alleging criminal charges. The process works as follows: The district attorney gets a police report which contains evidence of criminal conduct, the DA reviews the reports and decides to file a case against the accused, the prosecutor then files a formal complaint with the Court and a case number is assigned. Thereafter a Judge, Commisioner or other bench officer reviews the allegations and orders an arrest warrant to pick up the defendant and bring him or her to Court to answer to the charges.
Both types of warrants can be recalled and quashed with the help of an experienced criminal defense attorney.
Can I afford a Lawyer?
[2009-03-07]:
In these tough economic times many people who are facing criminal charges are asking themselves whether they can afford a lawyer. Perhaps the better question is: Can you afford not to hire a
criminal defense lawyer? It is axiomatic that those individuals that have the financial resources to retain a specialist in the area of criminal law are much more likely to prevail in Court. Being stingy or tight fisted when arrested for a crime is not wise, only a lawyer familiar with the area of criminal law can extricate someone facing criminal prosecution. Do not look for the cheapest lawyer to defend you or your loved ones, spend the money to engage the services of an attorney that is experienced and has the knowledge to get you out of the mess you are in. Jail time and prison can be avoided if the proper choices are made in a timely manner.
Can the District Attorney bring up my past in a new criminal case?
[2009-01-12]:
Evidence of prior criminal offenses, whether charged or not, are generally not admissible in Court in an attempt to prove disposition to commit a crime under California Evidence Code section 1101. Prior bad acts can be used to establish something other that disposition, however strict rules apply. Admission of other crimes evidence cannot be justified merely by asserting an admissible purpose.
What rights do I have to an attorney in a criminal case?
[2009-01-09]:
Every person in this country enjoys a panoply of rights afforded under the United States Constitution, among the most important is that of the right to counsel in a criminal investigation and prosecution. The 6th amendment right to an attorney differs from the Fifth Amendment right to counsel in a number of ways. First, the right attaches when the criminal justice process has reached a critical stage, at the initiation of the prosecution, rather than during a custodial interrogation. A prosecution is initiated, for example, when either formal charges are filed or a preliminary hearing is held or an indictment or information is filed or an arraignment is held. So, for example, there is a right to have counsel present during a post arraignment line-up for identification. But, the stage of the proceeding and the nature of the confrontation must in the nature of a trial for the right to be implicated (
e.g., there is no Sixth Amendment right to counsel when police bring in a witness to examine a book of photographs, because the accused is not being confronted).
Should I take a Polygraph if I am suspected of a crime?
[2008-12-13]:
It is an age old question of those being investigated for a criminal charge: Should I take a polygraph or lie detector test ? It is one asked of many people suspected by the police of committing a criminal offense. Often, a law enforcement investigator or police detective will ask a suspect to submit to a polygraph test in order to "get their side of the story". In my experience, having been a criminal defense attorney for well over a decade and having personally handled well over two thousand cases, the police usually use the request to submit to a polygraph as a ruse to simply question the individual in a controlled setting. The purpose is not to get to the "truth" or determine whether the person is lying, the office usually already knows that. Having an individual take a lie detector test allows statements to be obtained and permits the detective to lock the person in to a particular story.
What are the Consequences of Shoplifting?
[2008-11-02]:
Shoplifting carries very serious consequences that can haunt a person their entire life. A
petty theft lawyer can go to Court on behalf of the accused thus avoiding embarrassment and public shame. Attorneys can often avoid convictions for the offense and also help to minimize the impact the offense may have on a person's immigration status by negotiating other charges or reductions that do not involve theft or moral turpitude issues.
Do I Need A Criminal Defense Lawyer?
[2008-10-23]:
A Criminal Defense Lawyer is essential to a successful outcome of a case. Although a person may wait to get an attorney until they get into Court, early intervention by a local counselor at law can give the accused a definite edge in obtaining a favorable resolution.
Recent DUI Arrest? Things you need to Know
[2008-10-18]:
What many people do not understand is when they are arrested for a DUI offense two types of proceedings are initiated. The first is a DMV administrative action, often called an APS action, which concerns the person's drivers license. The second is the criminal offense of driving under the influence, which are Vehicle Code Section 23152(a) and 23152(b).
The most important thing to remember about these two actions is that a DMV hearing must be requested within 10 days in order to challenge thew APS suspension. If the person sits on their hands and does nothing, they will automatically lose their license.
A DUI Lawyer can request the hearing along with the necessary documents, called discovery, which include the police reports, breath machine calibration records, blood test laboratory records, etc.