Welcome to the Criminal Defense Office of

Practice Areas

Driving Under The Influence

6 Things You Must Do Right Away

Contact the DMV within ten days of your arrest to save your license

 

Remember the details of what happened while they are fresh

 

Learn why the DUI process favors those represented by attorneys

 

Learn what you risk if you represent yourself

 

Think about whether you want to fight the charges

 

Get an honest, informed and confidential assessment of your prospects

Why A DUI Is Different

D.U.I. cases are complex. Most cases are filed as misdemeanors, which is the less serious class of crimes. But the sanctions and costs associated with a conviction can be extreme. Since a state license is involved (your driver’s license) the D.M.V. takes “administrative action” against it.

This is in addition to the criminal charges which are filed by the district attorney in the superior court. If your income is low enough, you may qualify to have the public defender appointed to represent you in court. However, they cannot represent you with the D,M.V. administrative action, which is classified as a civil matter.

By hiring David Uthman to represent you, you will have all your legal bases covered. He will handle your D.M.V. case, invoke your rights, and appear in court for you. In many instances, his clients never have to go to court or appear at the D.M.V.

DMV Representation

If you have an upcoming DMV hearing, consulting with a knowledgeable attorney may prove helpful. Mr. Uthman has comprehensive experience representing clients at the DMV for reasons such as negligent operator hearings, and potential license suspensions.

 

Attempting to represent yourself at a DMV hearing can cause you to miss important details in your case that an experienced attorney wouldn't miss.

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DMV Representation

Manslaughter

Voluntary Manslaughter

Involuntary Manslaughter

Voluntary manslaughter occurs either when the defendant kills with malice aforethought (intention to kill or cause serious harm), but there are mitigating circumstances that reduce culpability, or when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit the homicide. It is sometimes described as a heat-of-passion killing. In most cases, the provocation must induce rage or anger in the defendant, although some cases have held that fright, terror, or desperation will suffice.

Involuntary manslaughter is the unlawful killing of a human being without malice aforethought, either expressed or implied. It is distinguished from voluntary manslaughter by the absence of intention. It is normally divided into two categories; constructive manslaughter and criminally negligent manslaughter, both of which involve criminal liability.

Vehicular or Intoxication Manslaughter

In some jurisdictions, such as the United States, there exists the specific crime of Vehicular or intoxication manslaughter. An equivalent, under the Criminal Code of Canada, is causing death by criminal negligence, punishable by a maximum penalty of life imprisonment.

Credit: Wikipedia

Domestic Violence

Domestic violence (also domestic abuse, spousal abuse, intimate partner violence, battering or family violence) is a pattern of behavior which involves violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation. Intimate partner violence is violence by a spouse or partner in an intimate relationship against the other spouse or partner. Domestic violence can take place in heterosexual or same-sex relationships, and sometimes also involves violence against the children in the family. Domestic violence can take a number of forms including physical, verbal, emotional, economic and sexual abuse, which can range from subtle, coercive forms to marital rape and to violent physical abuse that results in disfigurement or death. Domestic murders include honor killings and dowry deaths.

Credit: Wikipedia

Expungement

In the common law legal system, an expungement proceeding is a type of lawsuit in which a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed, thereby making the records unavailable through the state or Federal repositories. If successful, the records are said to be "expunged". Black's Law Dictionary defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository." While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records be expunged.

 

A very real distinction exists between an expungement and a pardon. When an expungement is granted, the person whose record is expunged may, for most purposes, treat the event as if it never occurred. A pardon (also called "executive clemency") does not "erase" the event; rather, it constitutes forgiveness. In the United States, an expungement can be granted only by a judge; while a pardon can be granted only by the President of the United States for federal offenses, and the state governor, certain other state executive officers, or the State Board of Pardons and Paroles (varies from state to state) for state offenses.

Credit: Wikipedia

Contact our Criminal Defense Office

Disclaimer: The information contained in this site is for informational purposes only and should not be construed as legal advice.

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Call: 415-556-9200

Email: info@uthmanlawoffice.com

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