Gillam & Smith, L.L.P.BotaLaw.com1.925.200.3936The Law Offices of Andrew M. Bota

Criminal Defense

Have you been charged with a crime? Were you given a date to appear before the Judge? Let me help you evaluate your situation and answer any questions you might have about the process. It is very important to me that my clients understand what is happening in their case and what their options are. Communication is key. My clients know they can call me anytime, including evenings and weekends.

Your case may be resolved in several ways. I present the options to my clients as the worst case scenario, the best case scenario, and then what I think is likely to happen. I also give my clients advice on what I think they should do. In the end, however, it is up to the client to make the decision on how the case is resolved.

Of course, the best possible scenario is that the charges are dismissed. This could potentially happen at any stage of the process depending on what we can show the DA regarding the evidence, witnesses.

It is sometime possible to get diversion. This is where the defendant must stay out of trouble for a certain amount of time, and if he/she does, then the charges are dismissed. It is often necessary for the defendant to take some sort of classes to show the court. For example: domestic violence classes, alcoholics anonymous, narcotics anonymous, anger management.

The charges may be reduced. For example: the reduction of a DUI charge to “wet reckless”. This depends on the severity of the charges, and how closely the evidence fits with the elements of the crime.

It may be appropriate to bring a motion to challenge the actions of the police officers. If the facts support it, I can argue that my client’s constitutional rights were violated. If I win that motion – the charges are dismissed.

In the end, it may be appropriate to fight the charges in a jury trial. If that’s the case, I fight for my clients all the way.

DUI: My services include representing you at the DMV hearing and in the Superior Court. Did the police legally stop you? Did they follow the correct procedures running you through the Field Sobriety Tests? Should you retest your blood sample? I can guide you through the whole process from start to finish.

THEFT: What evidence does the DA have against you? Is there a video tape? What did the witnesses see, and more importantly, what will they testify to? Is the “intent” there? Intent is a very complicated legal requirement and it is difficult to prove in certain circumstances.

DOMESTIC VIOLENCE: I have defended both men and women charged with this crime. Often, it is a minor incident and the police should not have been called, but now they are involved and they won’t drop the case. I can work with you and the “victim” to show the DA that the matter should be reduced or dismissed. Often in these cases, even if the charges are diverted or reduced, the defendant is required to take anger management or domestic violence classes.

Call for a free consultation: 925.200.3936

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