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Understanding DUI Charges and How to Defend Against Them

Posted on by Shawn George

Understanding DUI Charges and How to Defend Against Them

Driving under the influence (DUI) is a serious offense that can have lasting consequences. If you or someone you know has been charged with DUI, it’s essential to understand the laws, potential penalties, and defense strategies.

What is a DUI?

DUI occurs when a driver operates a vehicle while impaired by alcohol or drugs. In most states, a blood alcohol concentration (BAC) of 0.08% or higher constitutes a DUI. However, even lower BAC levels can result in charges if the driver exhibits signs of impairment.

Potential Penalties for DUI

Penalties for DUI convictions vary by state and severity of the offense. Common consequences include:

  • Fines and court fees
  • License suspension or revocation
  • Mandatory alcohol education programs
  • Probation or community service
  • Jail time, especially for repeat offenses
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The sooner you act, the more options you may have. Contact an experienced DUI attorney today for guidance on defending against DUI charges in California.

Possible DUI Defenses

If you’ve been charged with DUI, there are several defense strategies that may help your case:

  1. Improper Stop – If law enforcement did not have reasonable suspicion to pull you over, your case could be dismissed.
  2. Inaccurate Field Sobriety Tests – These tests can be affected by medical conditions, uneven surfaces, or poor instructions from officers.
  3. Faulty Breathalyzer or Blood Test – Breathalyzers must be properly calibrated, and blood samples must be correctly handled to ensure accuracy.
  4. Rising BAC Defense – Your BAC may have risen after being stopped but before testing, meaning you were below the legal limit while driving.
  5. Violation of Rights – If police fail to read your Miranda rights or conduct an unlawful search, evidence against you may be suppressed.

“ I’m so glad I reached out to this Law Firm which I had found here on Yelp. We were desperately in need of a Lawyer to take over our case since we are in a completely different State. Los Baños Ca is really lucky to have such and amazing & professional Law Firm in their Town.  “

Aracely M., Kent, WA

What to Do If You’re Charged with DUI

If you’re facing DUI charges, follow these steps to protect your rights:

  • Remain Silent – Avoid making statements that could be used against you.
  • Document Everything – Take note of the events leading up to and after your arrest.
  • Seek Legal Representation – A DUI attorney can evaluate your case and build a strong defense strategy

Speak With an Experienced DUI Attorney Today

A DUI charge does not automatically mean a conviction. Understanding your rights and possible defenses can make a significant difference in the outcome of your case. If you or a loved one is facing DUI charges, consult an experienced DUI lawyer to explore your legal options and fight for the best possible result.

If you need legal assistance with a DUI charge, contact our experienced team today for a consultation.

Solicitation of Prostitution: What It Means and What to Do About It

Posted on by Shawn George

The casual evening abruptly spirals into stress as flashing police lights flood the street. Confusion morphs into dread when the officer approaches, the words “soliciting prostitution” hanging in the air. Suddenly, a seemingly harmless interaction threatens your freedom, career, and future.

Knowing what steps to take and understanding your situation can shift you from uncertainty to empowerment. Here’s what you need to know about solicitation of prostitution in California.

Defining the Charge: What Does Soliciting a Prostitute Mean?

In California, soliciting prostitution means attempting to engage someone in a sexual act for money or something of value. The solicitation includes actions like approaching someone to request sexual services, agreeing to pay for sexual acts, or making arrangements to engage in prostitution—even if no money changes hands or no act occurs. 

For the State to convict you of soliciting prostitution, it must prove the following:

  • You specifically intended to engage in prostitution,
  • You communicated that intent clearly through words or actions, and
  • You performed some act to further the solicitation.

Simply talking about prostitution isn’t enough—the state must show clear intent and an active step toward the act.

What Steps Should I Take If Charged with Solicitation?

If you’re facing solicitation charges, taking the following actions can significantly impact your case outcome:

  • Remain silent and calm. Cooperate minimally and politely with law enforcement, but do not discuss details of your case.
  • Avoid self-incrimination. Do not admit guilt or explain your actions without consulting a lawyer.
  • Obtain experienced legal representation. Hire a qualified prostitution defense lawyer promptly to protect your rights.

These initial steps lay a strong foundation for your defense strategy.

Consequences of Solicitation of Prostitution in California

You may be wondering, Can you go to jail for soliciting prostitution? The short answer is yes. Solicitation is a misdemeanor under California law, but penalties increase with repeated offenses:

  • First-time conviction—up to 6 months in county jail, a fine of up to $1,000, and possible probation and mandatory counseling;
  • Second-time conviction—mandatory minimum of 45 days in jail, increased fines, and stricter probation conditions; and
  • Third or subsequent conviction—minimum of 90 days in county jail, higher fines, and enhanced probation terms or mandatory community service.

The repercussions for solicitation can be severe, especially when it involves minors or aggravating circumstances. These circumstances could result in stricter penalties, including the requirement to register as a sex offender, which can significantly affect your life.

Additional Consequences Beyond the Courtroom

The ramifications of a solicitation of prostitution charge extend beyond the legal realm, including:

  • Damage to personal relationships,
  • Potential loss of employment or difficulty obtaining new jobs,
  • Harm to your professional reputation, and
  • Social stigma that can affect your mental health and personal life.

Understanding these consequences highlights the urgency of addressing your charges proactively and thoughtfully.

Common Myths About Solicitation Charges

Misunderstandings about solicitation charges often cause additional anxiety. Here are common myths clarified:

  • Solicitation requires an actual exchange of money. You can be charged with solicitation even if no money or sexual acts were exchanged—intent alone can be sufficient if accompanied by a substantial action.
  • First-time solicitation offenses are minor and not serious. Even first-time offenses can carry significant consequences like jail time, fines, and long-term damage to your reputation.
  • You can talk your way out of solicitation charges without an attorney. Talking to law enforcement without legal advice can strengthen the prosecution’s case against you.

Debunking these myths is essential to addressing your situation accurately and taking informed actions.

Defense Strategies: More Than Just Denials

A skilled defense attorney will thoroughly investigate the specifics of your case, exploring strategies beyond simple denials that significantly increase your chances of achieving a favorable outcome. Here are some key defense strategies.

Entrapment

If law enforcement induces you to commit a crime, you wouldn’t otherwise have committed, this can be a powerful defense. We examine the officer’s actions for signs of undue pressure or manipulation. However, if there is undeniable proof of a willingness to engage in prostitution without excessive coercion or deception from law enforcement, the entrapment defense will not be successful.

Lack of Intent

The burden of proof lies with the prosecution, who must demonstrate that you intended to engage in prostitution. You can refute intent by highlighting any possible misunderstandings or vagueness in the circumstances surrounding your interactions. It’s possible that your presence was merely coincidental or law enforcement took your words out of context.

Insufficient Evidence

We thoroughly review all evidence, including police reports, witness statements, and recordings. If the evidence is weak or circumstantial, we aggressively argue for dismissal or reduction of charges.

Violation of Rights

You can suppress evidence if law enforcement obtained it by violating your constitutional rights, such as an illegal search and seizure. We work to protect your rights throughout the arrest and investigation process.

Negotiated Resolutions

When appropriate, we negotiate with prosecutors for reduced charges or alternative sentencing, such as diversion programs or community service. This can minimize the impact on your record and future.

Accused of solicitation in California? Contact Attorney Shawn M. George today for experienced defense and immediate guidance.

Why You Need a Prostitution Defense Lawyer

The complexity and sensitivity surrounding solicitation cases require an experienced lawyer. An effective prostitution defense attorney will:

  • Carefully examine all evidence to identify weaknesses or misconduct in the police investigation,
  • Negotiate to reduce or dismiss charges through alternative programs or diversion, and
  • Deliver your arguments with confidence to ensure the court understands your perspective.

Having legal counsel can increase your chances of achieving a favorable resolution and mitigating long-term consequences.

Take the First Step to Reclaiming Your Peace of Mind

While facing charges for soliciting prostitution may feel overwhelming and isolating, remember that it does not define you or your future. The Law Offices of Shawn M. George, APC, knows how to weaken the state’s case against you. With his extensive experience as a prosecutor and defense lawyer, Attorney Shawn George is ready to build a personalized, aggressive, and compassionate defense to protect your freedom and reputation.

Don’t let uncertainty or fear control your next steps. Contact us today. Let’s turn this challenging moment into a clear pathway toward reclaiming your life and dignity.

Frequently Asked Questions

What’s the Difference Between Solicitation and Prostitution?

Prostitution involves engaging in sexual activity for money or valuable consideration, while solicitation is the act of requesting, agreeing, or negotiating to engage in prostitution.

Is It Possible to Get a Solicitation Charge Dismissed?

Yes.  You can sometimes have charges dismissed or reduced if there’s insufficient evidence, procedural errors by police, or through successful negotiation by an experienced attorney.

Resources:

  • Judicial Council of California Criminal Jury Instructions, CALCRIM No. 1154 (2024), link.
  • Judicial Council of California Criminal Jury Instructions, CALCRIM No. 1155 (2024), link.
  • California Megan’s Law Website, Summary of California Registration Laws, link.

The Consequences of Failure to Stop at a Stop Sign

Posted on by Shawn George

Imagine driving through an intersection when suddenly, another vehicle speeds through a stop sign, narrowly missing your car. Your heart pounds, adrenaline surges—this moment could have changed your life. Running a stop sign might seem minor, but the consequences can be severe. A stop sign violation in California can lead to fines, points on your driving record, and even increased insurance rates. More importantly, failing to stop at a stop sign risks lives. This article will examine the legal consequences of a stop sign violation, answer common questions about penalties, and explain how the Law Offices of Shawn M. George, APC, can help if you receive a citation.

Where to Stop at a Stop Sign

Many drivers misunderstand precisely where to stop at a stop sign, which can lead to traffic citations. Under California law, a driver must come to a complete stop at one of the following locations:

  • Before the limit line, if there is one painted on the roadway;
  • Before entering a crosswalk, whether marked or unmarked; or
  • If no crosswalk or limit line exists, a driver must stop at the nearest point where they can see approaching traffic.

Failure to stop correctly at any of these points can result in a stop sign violation, which carries fines and other penalties. Even rolling through a stop, sometimes called a “California roll,” is illegal and can result in a citation.

Penalties for a Stop Sign Violation in California

Running a stop sign can lead to various penalties, which increase in severity depending on the circumstances. Here are the primary consequences:

  • Fines and court fees. In California, a fundamental stop sign violation typically carries a $200 to $500 fine, depending on the county and any additional fees.
  • Points on your driving record. The Department of Motor Vehicles (DMV) will add one point to your driving record under the Negligent Operator Treatment System (NOTS).
  • Traffic school eligibility. If you have a clean driving record, you may be eligible for traffic school to prevent the point from affecting your insurance rates.
  • Increased insurance premiums. A stop sign violation can raise insurance premiums, especially for repeat offenders.

Even a single violation can impact your record and finances. Accumulating too many points may result in license suspension.

What Happens If You Ignore a Stop Sign Ticket?

Ignoring a stop sign violation ticket in California can have serious consequences beyond the initial fine. If you fail to pay the ticket or contest it in court, the following may occur:

  • Increased fines—the court may impose additional penalties for non-payment;
  • Misdemeanor—failure to appear in court or pay the fine can result in a misdemeanor added to your record; and
  • A warrant for your arrest—while uncommon for traffic infractions, repeated failures to address citations may result in a warrant being issued.

Acting promptly is crucial to avoiding these penalties. If you are unsure how to handle your ticket, seeking legal guidance from the Law Offices of Shawn M. George, APC, can help you explore your options and potentially reduce or dismiss the violation.

Can You Go to Jail for Hitting a Stop Sign?

A common question is: Can you go to jail for hitting a stop sign? The answer depends on the circumstances surrounding the incident:

  • Property damage only. Generally, it is an infraction if you hit a stop sign and cause property damage, but do not flee the scene. You may be required to pay for repairs but will not face jail time.
  • Hit and run. If you leave the scene without reporting the damage, you could be charged with a misdemeanor, which may include jail time and a fine of up to $1,000.
  • Driving under the influence (DUI). If you were under the influence of alcohol or drugs when you hit the stop sign, you could face DUI charges, which may include fines, license suspension, and jail time.

Hitting a stop sign does not usually result in jail time unless the incident involves other offenses, such as reckless driving or DUI.

Defenses Against a Stop Sign Violation

If you received a citation for a stop sign violation, you might be able to contest the charge in court. Possible defenses include:

  • Obstructed stop sign. If a stop sign was blocked by trees, construction, or another obstruction, you may argue that it was not clearly visible.
  • Incorrect stop location. If an officer mistakenly cited you for stopping in the wrong place, you can provide evidence that you stopped correctly.
  • Officer’s error in judgment. Traffic stops are subjective, and sometimes officers issue citations based on incorrect observations.
  • Dashcam or witness evidence. Video footage or witness testimony can help prove you made a complete stop.

Fighting a stop sign ticket requires strong legal arguments. The Law Offices of Shawn M. George, APC, offers skilled defense representation, leveraging years of legal experience to help clients challenge unfair citations.

The Role of the Law Offices of Shawn M. George, APC

At the Law Offices of Shawn M. George, APC, we do more than defend traffic tickets—we protect your rights and driving record. Unlike other firms, we provide personalized legal representation and take the time to analyze each case in detail. Attorney Shawn M. George brings extensive experience in traffic law and courtroom advocacy, giving clients the best possible chance to fight unjust charges. His dedication to legal excellence has earned him recognition as a Super Lawyers Rising Star in both 2021 and 2022, a distinction awarded to only a select percentage of attorneys for their professional achievement and peer recognition.

We understand that even a minor traffic violation can have long-term consequences. Whether you are facing fines, license points, or increased insurance rates, we are here to guide you through the legal process.

Call Us Today

A stop sign violation may seem minor, but the consequences can quickly increase. If you need legal representation, the Law Offices of Shawn M. George, APC, is ready to help. With the proper defense, you may be able to reduce or dismiss the charges against you. Contact our firm today to discuss your case and explore your legal options.

Resources

NerdWallet.com, Average car insurance rates after a speeding ticket in California, link

California DMV, Negligent Operator Actions, link

California Courts Self-Help Guide, Guide to traffic tickets—If you ignore the ticket, link

California Vehicle Code §40508(b) and (c), link

California Penal Code §1214.1(c), link

California Vehicle Code §20002(c), link

California Vehicle Code §23152, link

Is “Hit and Run” a Misdemeanor or a Felony in California?

Posted on by Shawn George

Fleeing the scene of an accident in California can lead to serious legal consequences. The classification of a hit-and-run as a misdemeanor vs. felony depends on the details of the incident. California law differentiates between cases involving only property damage and those that result in injury or death. Understanding these distinctions is crucial if you are facing charges or need to protect your legal rights.

Making the determination of a misdemeanor vs. felony hit-and-run can be difficult. You should not have to navigate a complex legal system alone when dealing with these charges. At the Law Offices of Shawn M. George, APC, we have extensive experience helping clients charged with a hit and run and ensuring they have a strong defense to the case against them.

Misdemeanor Hit and Run in California

A hit-and-run is considered a misdemeanor when the only damage is to property. Failing to stop and provide the required information can lead to criminal charges even if no one is injured.

Under California law, leaving the scene of an accident without identifying yourself when only property damage occurs is a misdemeanor. This applies to situations where another vehicle, a parked car, or other property is damaged.

To secure a conviction for misdemeanor hit-and-run, prosecutors must prove that:

  • You were involved in an accident;
  • The crash resulted in property damage; and
  • You failed to stop and provide the other party with your contact and insurance information or leave a note if the owner was absent.

Failure to meet these legal obligations can result in fines, jail time, and a criminal record that can affect one’s driving privileges and future opportunities.

Felony Hit and Run in California

When a hit-and-run results in injury or death, the legal consequences increase significantly. Failing to stop and provide assistance can result in felony charges, even if you were not responsible for the accident.

Fleeing the scene after an accident that causes injury or death is considered a felony under California law. Even if you were not at fault, failing to stop and provide aid or contact authorities can lead to felony charges.

For a felony conviction, the prosecution must establish the following:

  • You were involved in an accident that caused injury or death;
  • You were aware that the crash occurred; and
  • You failed to stop, provide aid, or exchange necessary information with others involved.

A felony conviction carries severe penalties, including prison time, hefty fines, and long-term consequences for your criminal and driving record.

Penalties for a Hit-and-Run in California

Both misdemeanor and felony hit-and-run offenses carry severe consequences in California. A misdemeanor conviction may result in: 

  • A $1,000 fine, 
  • Up to six months in jail, 
  • Three years of probation, and 
  • Two points on your driving record.

 A felony conviction carries:

A felony charge also creates a permanent criminal record, affecting employment and other opportunities. If the accident caused a fatality, vehicular manslaughter charges could increase penalties even further.

Hit-and-run charges can turn your life upside down fast. Don’t face them alone—call the Law Offices of Shawn M. George, APC today and get a strong defense on your side.

Legal Defenses Under California Hit and Run Laws

Defending against a hit-and-run charge requires a strong legal strategy. Under California hit-and-run laws, several defenses may be available depending on the specifics of the case. 

You Were Unaware of the Accident

Not every accident is immediately noticeable. In some cases, drivers may not realize that a collision occurred, particularly in minor scrapes or low-impact incidents. California law requires prosecutors to prove that a driver knew or reasonably should have known about the accident. Charges may be reduced or dismissed if the prosecution cannot establish that you were aware of the collision. An attorney may use evidence such as lack of visible damage, witness statements, or video footage to support this defense.

You Were Not the Driver

A wrongful accusation can occur if someone else was operating your vehicle at the time of the accident. Law enforcement may assume the registered owner was driving, but that is not always true.

This defense is particularly strong if you can provide witness testimony, surveillance footage, alibi evidence, or proof that your vehicle was stolen. Additionally, if someone borrowed your car without permission or another driver falsely gave your name, an attorney can present this evidence to challenge the allegations against you.

You Stopped and Provided Information

Sometimes, misunderstandings occur, and a driver may have complied with the law but still face charges. California law requires drivers to stop at the scene, provide identifying information, and offer aid if needed. However, a police officer or witness may incorrectly assume you left without fulfilling these duties. Evidence such as phone records, dashcam footage, witness statements, or a police report can demonstrate that you stopped or attempted to report the incident. 

An Emergency Required You to Leave

Certain emergencies may justify leaving the scene before exchanging information, such as:

  • A medical emergency, 
  • Immediate threat to safety, or 
  • An urgent need to seek help.

For example, if you experienced a medical event, such as a heart attack, leaving the scene to seek medical attention may be reasonable. Similarly, fear for your safety due to road rage, an aggressive driver, or an unsafe environment may legally justify your. 

Courts also consider whether you made a reasonable effort to report the accident as soon as possible. Providing medical records, 911 call logs, or witness statements can strengthen this defense and demonstrate that you did not intend to evade responsibility.

Speak with a California Hit-and-Run Defense Attorney Today

A hit-and-run charge in California can lead to serious consequences, regardless if it’s a misdemeanor or a felony. The penalties can be severe and leave a lasting criminal record. If you are facing hit-and-run allegations, you need an experienced defense attorney who understands the complexities of California’s traffic laws and knows how to fight for the best possible outcome in your case. 

The Law Offices of Shawn M. George, APC, is committed to protecting your rights and building a strong defense. Whether you were unaware of the accident, misidentified as the driver, or had a justifiable reason for leaving the scene, we will work tirelessly to challenge the charges against you. Call us today to schedule a free consultation.

The Impact of Traffic Tickets on Your Commercial Driver’s License (CDL)

Posted on by Shawn George

You’re on a quick errand in your car, and blue lights suddenly flash in your rearview mirror. Your heart sinks, realizing your livelihood as a commercial truck driver could be in jeopardy because of a simple mistake—speeding. As a Commercial Driver’s License (CDL) holder, this traffic stop is not merely an inconvenience; it could profoundly impact your career.

But you don’t have to face this with uncertainty. The Law Offices of Shawn M. George, APC are here to provide clear guidance to protect your CDL and livelihood.

What a Traffic Ticket Does to Your CDL

The California Vehicle Code (CVC) outlines specific offenses that can lead to disqualification or suspension of your CDL. Even a seemingly minor speeding ticket can accumulate points that lead to serious ramifications.

How a Speeding Ticket in a Personal Vehicle with CDL Can Affect Your Career

You might think a speeding ticket in your personal vehicle to be a minor infraction, but it can have serious consequences for your CDL. However, in California, the lines between personal and professional driving blur significantly when you hold this license type.

Any traffic violation, regardless of the vehicle you’re operating, can have significant and lasting consequences for your CDL. California CDL holders are subject to the standard DMV Negligent Operator Treatment System (NOTS) and federal regulations from the Federal Motor Carrier Safety Administration (FMCSA), each with its own rules and penalties.

Holding a CDL means your driving record is under constant scrutiny, even when you’re off the clock. If you receive a speeding ticket in a personal vehicle with CDL, it doesn’t just vanish once you clock out. California law treats CDL holders differently from standard drivers, and violations can carry substantial consequences.

Understanding the Commercial CDL Point System in California

The commercial CDL point system in California is unique and strict, designed to identify and penalize drivers who pose risks to public safety. Every traffic violation, even those committed in your personal vehicle, adds points to your driving record. This accumulation can quickly escalate into severe consequences, including license suspension or CDL disqualification. 

Minor Offenses

Speeding violations result in points added to your driving record, the exact amount of which depends on the severity of the offense. Additionally, certain speeding violations can be classified as ‘serious traffic violations’ under FMCSA regulations, triggering separate disqualification penalties.

Serious Violations

Traffic infractions considered serious include driving 15 mph or more over the speed limit, driving recklessly, tailgating, and having an accident as a commercial driver. The number of violations determines the penalty. Two violations in 3 years will result in a 60-day CDL disqualification, and 3 violations in 3 years will result in a 120-day disqualification.

Major Offenses

Major offenses, such as being involved in a hit-and-run or driving under the influence (DUI), result in immediate CDL disqualification. A second DUI offense, or a DUI committed while transporting hazardous materials, can result in a lifetime CDL disqualification.

Employers routinely review CDL holders’ driving records, meaning even a single speeding ticket can significantly jeopardize your employment. A violation can result in more than just a fine. It can have long-term professional repercussions, including: 

  • Higher insurance rates, 
  • Job loss, and 
  • Difficulty finding work as a driver in the future.

Understanding these stakes underscores why immediate and strategic legal action is critical to protecting your CDL and livelihood.

Will a Speeding Ticket Affect My CDL?

Even a single speeding ticket can significantly impact your CDL, affecting insurance costs and employer confidence and possibly leading to suspension. The FMCSA requires CDL holders to report all convictions within 30 days, and failure to comply could mean losing your job.

A single traffic violation can put your CDL and livelihood at risk—take control now and protect your license before it’s too late.

DUI Charges and CDL Holders: What’s at Stake?

California enforces stringent DUI laws, especially for CDL holders. Under California law, commercial drivers face stricter limits with a blood alcohol concentration (BAC) threshold of 0.04%, significantly lower than the 0.08% limit for non-commercial drivers. 

Whether you’re behind the wheel of your commercial vehicle or driving your private car, DUI convictions carry severe penalties, including:

  • First offense DUI—one-year CDL disqualification, extended to three years if transporting hazardous materials; and
  • Second offense DUI—potential lifetime CDL ban.

Additional consequences include fines, mandatory alcohol education programs, and increased insurance premiums.

Facing a DUI charge with a CDL can feel overwhelming and hopeless. However, skilled legal representation can significantly improve your situation. An experienced attorney, like Shawn M. George, can challenge the accuracy of BAC testing, question the legality of the traffic stop, or expose procedural errors. With tailored defense strategies specific to CDL holders, the right lawyer can protect your livelihood and provide a clear path forward.

Strategies We Use to Protect Your CDL

Facing a speeding ticket in a personal vehicle with CDL doesn’t have to derail your career. Our firm provides knowledgeable and personalized legal representation, allowing you to confidently regain control of your life. We will handle court appearances and negotiations, allowing you to focus on your job and family.

At our firm, we implement specialized defenses tailored to CDL holders, including:

  • Challenging the accuracy and calibration of radar or laser devices,
  • Questioning the officer’s observation or traffic stop legality, and
  • Negotiating with prosecutors to downgrade charges.

Our meticulous approach thoroughly explores every detail to defend your career and future.

Take the Next Step to Protect Your CDL Today

A single traffic violation doesn’t define you but could define your future. Attorney Shawn George knows what’s at stake and how to fight for your CDL. With his insider experience as a former Deputy District Attorney, Shawn offers targeted strategies and comprehensive advocacy to help protect your career. Contact us today, and let’s start protecting what matters most to you.

Frequently Asked Questions

Do CDL Violations in My Vehicle Appear on My Employment Record?

Yes. California requires CDL holders to notify employers of all traffic convictions within 30 days, regardless of the vehicle involved.

If I Have a CDL, Can I Attend Traffic School to Dismiss a Speeding Ticket?

California allows CDL holders to attend traffic school for violations received in a personal vehicle. However, this may not prevent the violation from appearing on your record or being visible to employers who routinely review CDL holders’ driving histories.

What Happens If I Fail to Report a Speeding Ticket to My Employer?

Failure to report a conviction within 30 days violates federal law and may result in severe penalties, including termination and CDL suspension.

Resources:

  • California Department of Motor Vehicles, Commercial Driver’s Licenses, link.
  • Issuance and Renewal of Licenses, CVC § 12810 (2010), link.
  • Generally, CVC § 22348 (2005), link.

What If I Am Falsely Accused of a Crime?

Posted on by Shawn George

Being falsely accused of a crime is a nightmare scenario—one that can destroy your reputation, threaten your freedom, and leave you feeling stressed, worried, and powerless. Even when the allegations are baseless, the legal system has to proceed with investigating those allegations, and without the right defense, you could face life-changing consequences. If you find yourself in this situation, do not panic—but do not ignore it either. Understanding false accusation law and knowing how to protect yourself promptly is crucial. At the Law Offices of Shawn M. George, APC, we fight relentlessly for those facing wrongful criminal charges, ensuring that your rights, freedom, and future are aggressively defended.

Falsely accused? Don’t face it alone. Protect your freedom, reputation, and future with a skilled defense. Contact the Law Offices of Shawn M. George, APC, for a confidential consultation today.

What to Do When Someone Accuses You Falsely

Taking immediate action is crucial if you are falsely accused of a crime. Delays can jeopardize your case and make proving your innocence more difficult. Critical steps to protect yourself include:

  • Do not engage with the accuser. Avoid confrontation, as anything you say could be misrepresented.
  • Preserve all evidence. Keep records of messages, emails, videos, or witness statements that may help prove your innocence.
  • Refrain from discussing the case publicly. Social media posts and conversations with others can be used against you.
  • Hire a defense attorney immediately. An attorney can help protect your rights, advise you on legal strategy, and challenge false claims.

Taking these steps early increases the likelihood of a favorable resolution.

Is Falsely Accusing Someone of a Crime Illegal?

Yes, under California law, knowingly making a false criminal accusation is a crime. The law provides legal consequences for individuals who intentionally file false reports or lie under oath. Those who make false allegations can face both criminal penalties and civil lawsuits.

Legal consequences of various types of false accusations include:

False accusations can have serious repercussions for both the accused and the accuser. Even though false accusations are illegal, law enforcement must investigate all reports, meaning you could still face charges—even if you are innocent.

Consequences of a False Accusation

Even if an accusation is later proven false, the damage to your reputation and personal life can be significant.

Potential consequences include:

  • Criminal charges. You could still face formal charges before being found innocent.
  • Employment and career impact. Employers may terminate you or suspend your position, and finding employment in the future may be more difficult.
  • Emotional and psychological distress. The stress of defending yourself can cause anxiety, depression, and other chronic conditions.
  • Financial strain. Defending yourself may include legal expenses, loss of employment opportunities, and medical bills.  
  • Restraining orders. Courts may issue protective orders that limit your rights.
  • Public perception. Even after being cleared, your reputation may suffer due to the lingering effects of the accusation.

An experienced attorney can minimize these risks and help you protect your future.

When false accusations threaten your life and reputation, every moment counts. Let Shawn M. George, APC, help uncover the truth and defend your future—reach out for a confidential consultation today.

 

Legal Defenses Against False Accusations

Every false accusation case differs, but several defense strategies can help prove your innocence.

  • Lack of evidence. The prosecution must prove guilt beyond a reasonable doubt. If the evidence is weak, charges may be dismissed.
  • Alibi defense. Providing credible evidence that you were elsewhere at the time of the alleged crime, which would prevent you from having been present at the scene, can disprove the accusation.
  • Mistaken identity. Sometimes a witness thinks they have seen one person when, in fact, they saw someone else. If the case is based on an incorrect witness statement, your attorney can challenge the validity of their identification.
  • Accuser’s ulterior motive. If the accuser has a personal vendetta, bias, or financial gain motive, proving their inconsistency or dishonesty can help discredit their claims.
  • Violation of legal procedures. If law enforcement has violated your constitutional rights, such as by conducting an illegal search or coercing a confession, any resulting evidence may be thrown out.

A strong legal defense can help prevent wrongful convictions and protect your interests.

How an Attorney Can Help When You Are Falsely Accused

A skilled criminal defense lawyer can take critical steps to defend you against false accusations.

An attorney will:

  • Investigate the allegations. A lawyer will gather evidence, interview witnesses, and obtain police reports to uncover inconsistencies in the accuser’s story.
  • Challenge false claims. If the accusation is based on misleading testimony or circumstantial evidence, your attorney can work to discredit unreliable witnesses.
  • Ensure your legal rights are protected. An attorney can help protect against unlawful police questioning, illegal searches, or procedural violations.
  • Negotiate with prosecutors. If the evidence is weak, an attorney may convince the prosecution to dismiss charges before trial.
  • Pursue legal action against the accuser. If you were falsely accused with malicious intent, your attorney can help you file a civil lawsuit for damages.

Legal representation is your best defense against false accusations.

At the Law Offices of Shawn M. George, APC, we provide aggressive legal advocacy to fight false accusations and protect your reputation.

Contact Us for a Confidential Consultation

A false accusation can feel like your life is spinning out of control, but you do not have to face it alone. The justice system is imperfect, and wrongful charges happen more often than people realize. The key to clearing your name and reclaiming your future is taking swift action with an experienced defense attorney by your side. At the Law Offices of Shawn M. George, APC, we understand the stakes—your freedom, your career, and your reputation are on the line. As a 2021 and 2022 Super Lawyer’s Rising Star for Criminal Defense, Shawn is ready to fight for you, challenge false claims, and bring the truth to light. If you have been falsely accused, reach out now for a confidential consultation to start building your defense.

Resources:

  • Constitution Annotated, Fourth Amendment link

California DUI Laws and Penalties

Posted on by Shawn George

You’re leaving a friendly get-together one night, and the familiar red and blue lights flash in your rearview mirror as you pull over to the side of the road. Your heart races, and your mind is flooded with worry about tonight and your future. You know a DUI California arrest can have serious consequences, but what exactly are you facing?

It’s natural to feel overwhelmed by uncertainty, and understanding California’s DUI laws and penalties can be complex. Contacting the Law Offices of Shawn M. George, APC, is your first step toward regaining control of your life.

What You Should Know About California’s DUI Laws

California law defines driving under the influence (DUI) as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for most adult drivers. This limit decreases significantly to 0.04% for commercial drivers, while for drivers under 21, any detectable alcohol level is prohibited.

The essential elements prosecutors must prove for a DUI conviction include:

  • You were driving a vehicle,
  • You had a BAC at or above the legal alcohol limit in California, and
  • Your ability to drive was impaired due to alcohol or drugs.

Proving these elements isn’t always straightforward, which is why having experienced representation matters.

California DUI Penalties: What’s at Stake?

California takes a stand against drunk driving by imposing strict penalties to discourage this risky behavior. The severity of the consequences for a DUI conviction varies significantly based on several factors, including the driver’s prior DUI offenses, the specific details of the arrest, and whether any injuries or fatalities resulted from the incident.

First-Time DUI Offense

  • Fines from $390 to $1,000, plus additional penalty assessments;
  • Anywhere from 48 hours to 6 months in county jail;
  • Six-month suspension of your driver’s license, though you may be eligible for a restricted license;
  • Mandatory DUI education classes lasting from three to nine months; and
  • Informal probation of between three and five years.

Second DUI Offense (Within 10 Years)

  • Fines ranging from $390 to $1,000, plus penalty assessments;
  • Jail sentence from 96 hours up to 1 year;
  • License suspension for up to two years;
  • Alcohol education courses spanning 18 to 30 months; and
  • Probation period up to five years.

Third DUI Offense (Within 10 Years)

  • Fines of $390 to $1,000, plus penalty assessments;
  • Jail sentence between 120 days and 1 year;
  • Up to three-year license suspension;
  • Extended DUI education program of up to 30 months; and
  • Probation lasting up to five years.

California DUI penalties carry progressively tougher consequences, making it crucial to seek immediate legal help to protect your future.

Enhanced Penalties: When a DUI Becomes More Severe

Certain situations trigger harsher penalties under California law:

  • High BAC. Penalties can increase substantially if your BAC measures 0.15% or higher.
  • DUI causing injury or death. These factors make the charge a felony, with consequences of severe fines, restitution, prison time, and extended license revocations.
  • Refusal to take chemical tests. Refusing to submit to breath or blood testing after arrest results in automatic license suspension under California’s implied consent law.

Recognizing these factors is crucial for understanding your position and determining your best defense strategies.

Long-Term Effects of a DUI Conviction

Beyond the immediate legal penalties, a DUI conviction carries additional negative consequences that can significantly affect your life, such as: 

  • Increased auto insurance premiums; 
  • Difficulty finding or keeping a job (especially one that requires driving or operating machinery);
  • Social stigma; 
  • Damage to your reputation and relationships; and
  • Restriction or revocation of your professional license for those in fields such as law, healthcare, and education.

Recognizing these broader implications underscores the necessity of promptly seeking skilled legal assistance to mitigate the long-term impact of a DUI California conviction on your life.

Don’t let a DUI define your future—call The Law Offices of Shawn M. George, APC, and take the first step toward protecting your rights today.

Potential Defenses Against DUI Charges

Facing a DUI charge does not automatically result in a conviction. Various legal defenses may apply to your case, including:

  • Inaccurate BAC testing. Breathalyzers and blood tests must follow precise protocols. Equipment malfunction, improper calibration, or errors during testing procedures can be grounds to challenge the evidence.
  • Illegal traffic stop. For evidence obtained after a traffic stop to be admissible in court, law enforcement must have had reasonable suspicion or probable cause to stop the vehicle in the first place.
  • Rising blood alcohol defense. Alcohol absorption rates vary. It’s possible your BAC was below the legal limit while driving and rose above the threshold by the time of testing.

Our lawyers at The Law Offices of Shawn M. George, APC, will investigate your arrest details to determine the best way to defend you.

What to Expect From the DUI Court Process

Facing court after a DUI arrest can be daunting. Understanding the general process can help ease anxiety:

  • Arraignment—the initial court appearance for reading of charges and entering pleas;
  • Pretrial hearing—negotiations with prosecutors, possibly leading to plea bargains;
  • Trial—presenting evidence with a judge or jury determining guilt; and
  • Sentencing—hearing to determine penalties if convicted.

Knowing these stages equips you to collaborate better with your attorney and approach the process more confidently.

Benefits of Having an Experienced DUI California Attorney

Managing California DUI rules’ complexity alone is difficult and dangerous. With his extensive background as a former Deputy District Attorney, Attorney Shawn George understands exactly how prosecutors build their cases. He leverages this insider knowledge to craft a strategic defense tailored to your circumstances. 

We maintain open communication and provide updates at every stage, ensuring you feel informed and confident. Our legal team will examine every aspect of your case, leaving no stone unturned. We’ll carefully analyze the evidence and identify weaknesses in the prosecution’s argument.

Your DUI Doesn’t Have the Last Word

A DUI charge can feel like a defining moment of crisis, but it doesn’t have to define you. A seasoned attorney can assist you in crafting a clear and achievable strategy to tackle this daunting hurdle, ensuring you grasp the possible outcomes.

Let Attorney Shawn George transform doubt into a decisive plan to safeguard your rights, reputation, and future. Take the first step toward reclaiming your peace of mind today and contact The Law Offices of Shawn M. George, APC. 

Resources:

  • Penalties for a Violation of Section 23152, CVC § 23536 (2007), link.
  • Offenses Involving Alcohol and Drugs, CVC § 23153 (2017), link.
  • Penalties for a Violation of Section 23152, CVC § 23546 (2005), link.
  • Penalties for a Violation of Section 23152, CVC § 23540 (2005), link.
  • Judicial Branch of California, What is a DUI/DWI Court?, link.
  • California Department of Motor Vehicles, Driving Under the Influence (DUI), link.

Navigating the California DUI Court Process: What to Expect

Posted on by Shawn George

Facing driving under the influence (DUI) charges in California can feel overwhelming. From being arrested to negotiating with prosecutors and going through court hearings, it can feel as if your world is being turned upside down. The legal system is complex, and potential penalties are severe. Understanding the DUI court process and having the guidance of an experienced attorney is crucial for protecting your rights and preparing a strong defense. At the Law Offices of Shawn M. George, APC, we provide skilled legal advocacy to help clients navigate each stage of their DUI case.

Understanding the DUI Process in California

A DUI charge follows a structured process, from the initial arrest to potential sentencing. Each stage provides opportunities to challenge evidence, negotiate a plea deal, or seek a case dismissal.

Step 1: Arrest and Booking

A DUI case begins when law enforcement stops a driver suspected of being under the influence. The arrest process typically includes the following:

  • A field sobriety test and breathalyzer test,
  • Transportation to the police station or jail for booking, 
  • A chemical test to determine blood alcohol concentration (BAC), and
  • Release on bail or a written promise to appear in court.

If a driver’s BAC is 0.08% or higher, a DUI charge is likely. However, drug-related DUI arrests and cases involving reckless driving can result in charges even with a lower BAC. Law enforcement documents slurred speech, erratic driving, and test performance as additional evidence.

Step 2: DMV Hearing

In addition to criminal proceedings, the California Department of Motor Vehicles (DMV) initiates a hearing to determine whether to suspend the driver’s license. You generally have 10 days from the arrest date to request this hearing. However, the license is automatically suspended after 30 days if you do not request a hearing.

During the hearing, the DMV officer reviews police reports, test results, and witness statements. A DUI attorney may highlight improper breathalyzer calibration, lack of probable cause for the stop, or procedural errors. A successful argument can prevent immediate license suspension while the case proceeds in court.

Step 3: Arraignment

The arraignment is the first formal court appearance in a DUI case. During this stage:

  • The judge reads the official charges;
  • Possible penalties and rights are explained;
  • A plea of guilty, not guilty, or no contest is entered; and
  • Bail conditions may be modified or set.

Having a DUI defense attorney present at the arraignment helps defendants understand their options and make informed decisions.

Step 4: Pretrial Motions and Negotiations

Before trial, the defense and prosecution engage in pretrial motions and plea negotiations. The defense may:

  • Challenge the admissibility of BAC test results if law enforcement failed to follow proper procedures,
  • File motions to suppress evidence obtained through improper searches or illegal stops, and
  • Negotiate reduced charges or alternative sentencing options.

Many DUI cases are resolved before trial through plea deals. In some cases, you may negotiate a “wet reckless” charge (reckless driving involving alcohol), leading to reduced penalties and avoiding a mandatory license suspension.

Step 5: DUI Trial

If no plea agreement is reached, the case proceeds to trial, where the prosecution must prove guilt beyond a reasonable doubt. A DUI trial involves:

  • Jury selection (if applicable);
  • Opening statements from both sides;
  • Presentation of evidence, including officer testimony and BAC test results;
  • Cross-examination of witnesses; and
  • Closing arguments and jury deliberation.

A strong defense may focus on inaccurate breathalyzer results, procedural errors, or inconsistent witness statements. The trial outcome depends on the strength of the evidence and the defense strategy.

Step 6: Sentencing and Penalties

If convicted, DUI penalties depend on prior offenses, BAC level, and case details. Possible consequences include:

  • First-offense DUI—fines up to $1,000, six-month license suspension, DUI education programs, and up to six months in jail;
  • Second-offense DUI—increased fines, a two-year license suspension, longer DUI programs, and possible jail time;
  • Third or subsequent DUI—felony charges, three-year license suspension, ignitions interlock device (IID) requirements, and extended incarceration; and
  • Aggravating factors—high BAC, accidents, injuries, or refusing chemical tests can lead to enhanced penalties.

In some cases, alternative sentencing options like probation, alcohol treatment programs, or house arrest may be available. A DUI attorney can explore options to reduce penalties and argue for a favorable outcome.

If you’re facing a DUI charge, understanding your options is crucial. Contact us to discuss the steps involved and how a tailored defense may apply to your case.

How Long Does a DUI Case Take in California?

Many clients ask, How long does a DUI case take in California? The timeline varies based on the complexity of the case, court availability, and legal strategy. A typical first-time DUI case may conclude within two to six months, while more complicated cases can take a year or longer.

Factors influencing how long a DUI case may last include:

  • Case complexity. Additional hearings and legal motions may extend the process if the case involves disputed evidence, prior offenses, or aggravating factors.
  • Court backlogs. Some California counties have busier court dockets, which could delay hearings and trial due to high case volume.
  • Negotiations vs. trial. An early plea deal can help to resolve a case within a few months. However, the case can extend to six months or longer if it goes to trial.
  • DMV proceedings. The administrative DMV hearing process occurs separately from the criminal case. Even if the court case resolves quickly, the license suspension process through the DMV may take additional time.
  • Pretrial motions and investigations. If the defense files motions to suppress evidence, requests expert testimony, or challenges BAC results, these actions can lengthen the timeline.

Each DUI case is unique, and legal representation can help streamline the process while ensuring that every available defense is explored. Working with an experienced DUI attorney can significantly affect the case timeline and overall outcome.

How a California DUI Attorney Can Help

At The Law Offices of Shawn M. George, APC, we provide experienced legal guidance at every stage of the DUI process in California. Our firm offers:

  • Legal representation from the moment of arrest to protect client rights,
  • Strategic defense planning to challenge evidence and seek case dismissals,
  • Negotiation with prosecutors to minimize charges and explore alternative sentencing, and
  • Courtroom advocacy to present the strongest possible defense.

A skilled DUI lawyer can make a significant difference in the outcome of your case.

Contact Us for a DUI Defense Consultation

If you or a loved one is facing DUI charges, seeking legal counsel as soon as possible is crucial. Prosecutors start working on your case immediately, and you should have someone in your corner doing the same. The DUI court process is complex and difficult to navigate alone, but The Law Offices of Shawn M. George, APC, is here to help. Contact our firm today to discuss your case and start building your defense.

How Are White Collar Crimes Investigated and Prosecuted?

Posted on by Shawn George

White collar crimes are not the dramatic, high-profile affairs seen in Hollywood movies. Instead, they unfold behind closed doors—through financial records, corporate transactions, and emails—until one day, you receive a subpoena or federal agents knock on your door. If you believe you are the target of a white collar crime investigation, you need to act fast. These cases often involve months or even years of evidence gathering before charges are filed. By the time you learn you’re under investigation, law enforcement may already have a case against you. 

At the Law Offices of Shawn M. George, APC, we help individuals accused of white collar crimes fight back with a strategic legal defense. In this blog post, we’ll address some basic questions individuals have about these offenses, including: What are white collar crimes? What does it mean if I’m being investigated for one? How can I defend myself from potential charges? 

Understanding how the legal system handles white collar crimes can make all the difference in protecting your future.

What Are White Collar Crimes?

 White collar crimes refer to non-violent, financially motivated offenses typically committed by business professionals, executives, or government officials. These offenses often involve deception by those in positions of trust or power who use their position for personal gain.

Some of the most common white collar crimes include:

  • Fraud—intentionally deceiving others for financial gain, such as in securities fraud, healthcare fraud, or wire fraud;
  • Embezzlement—misappropriating funds entrusted to an employee, business partner, or public official;
  • Money laundering—concealing the origins of illegally obtained money by funneling it through legitimate businesses;
  • Identity theft—stealing another person’s personal information to commit financial fraud;
  • Bribery—offering or accepting money or favors in exchange for influence, often over decisions of official actors; and
  • Tax evasion—illegally avoiding taxes by underreporting income or hiding assets.

White collar crimes carry severe penalties, including substantial fines, restitution orders, asset forfeiture, and prison sentences. The severity of the punishment often depends on the amount of money involved, the number of victims, and the person’s criminal history.

Why Is It Called White Collar Crime?

The term “white collar crime” was coined in 1939 to describe financial crimes committed by individuals in positions of power. Unlike “blue collar” crimes, which typically involve physical violence or direct confrontation, white collar offenses often take place in offices, financial institutions, or corporate settings.

While white collar crimes were historically associated with professionals, executives, and public officials, they can involve anyone accused of fraud, misrepresentation, or financial deception. Over the years, prosecutors have broadened white collar crime charges to include complex financial schemes and cyber-related offenses.

How White Collar Crimes Are Investigated

Law enforcement agencies investigate white collar crimes differently than traditional criminal offenses. Instead of relying on eyewitness testimony or physical evidence, they analyze financial records, digital communications, and transaction histories to uncover fraudulent activity.

The investigative process often involves:

  • Government agencies. The FBI, SEC, IRS, and state law enforcement agencies conduct financial crime investigations.
  • Search warrants & subpoenas. Officials often obtain suspects’ financial records, emails, phone records, and business documents.
  • Forensic accounting. Experts analyze financial statements to detect discrepancies and hidden assets.
  • Surveillance & wiretaps. In certain cases, law enforcement may monitor an organization’s or individual’s phone calls and electronic communications.
  • Witness interviews. Prosecutors may compel employees or business partners to testify against the accused.

Because investigations can take months or even years, many individuals accused of white collar crimes do not realize they are under scrutiny until authorities issue subpoenas, conduct raids, or formally file charges. Consulting an attorney as soon as you suspect an investigation is crucial.

How White Collar Crimes Are Prosecuted

Once an investigation concludes, prosecutors must prove the accused engaged in intentional deception, misrepresentation, or financial misconduct in violation of state or federal law. This generally involves the following steps.

1. Filing Charges

Prosecutors file charges if they believe they have enough evidence to support a conviction at trial. Depending on the specific laws involved, charges may be filed at the state or federal level.

2. Grand Jury Proceedings

For federal felony cases, prosecutors may present evidence to a grand jury, which determines whether to issue an indictment. Defendants do not have the right to present a defense during this stage. If the charges are filed in state court, a grand jury may not be necessary. 

3. Arraignment and Pretrial Hearings

Once charged, the defendant attends an arraignment, where they enter a plea of guilty, not guilty, or, in some cases, no contest. Pretrial hearings may involve motions to suppress evidence, plea negotiations, and other legal challenges.

4. Trial and Sentencing

If a plea agreement is not reached, the case proceeds to trial. The prosecution bears the burden of proving guilt beyond a reasonable doubt. They will present evidence such as financial records, expert witnesses, and electronic communications to try to establish guilt. If convicted, the defendant can be sentenced to serve prison time, pay fines, or make restitution payments to victims.

Facing a white collar crime investigation or charges? Contact us at the Law Offices of Shawn M. George, APC today for a confidential consultation and start building your defense.

Defense Strategies Against White Collar Crime Charges

Facing a white collar crime charge does not mean conviction is inevitable. Several legal defenses may help reduce charges, secure a dismissal, or obtain an acquittal. Individuals facing these cases may build a defense based on:

  • Lack of intent. Many financial crimes require proof of intentional fraud or deception. If the prosecution cannot prove intent, the case may be dismissed.
  • Insufficient evidence. A strong defense can challenge weak or circumstantial evidence, highlighting inconsistencies in the prosecution’s case.
  • Entrapment. If government agents pressured the defendant into committing a crime they would not have otherwise engaged in, entrapment may serve as a valid defense.
  • Violation of rights. If authorities obtained evidence through illegal searches, coercion, or constitutional violations, a defense attorney can move to suppress that evidence.

Every white collar crime case is unique, and a customized defense strategy is critical to achieving the best possible outcome.

What to Do If You Are Under Investigation

If you suspect you are under investigation for a white collar crime, taking the following proactive legal steps can make a significant difference in your case.

1. Do Not Speak to Investigators Without an Attorney

Law enforcement may attempt to interview you under the guise of a routine inquiry. Anything you say can be used against you in court. Politely decline to answer questions until you have legal representation.

2. Preserve Important Documents

Destroying financial records or emails may lead to additional criminal charges. Instead, collect and organize documents that may support your defense.

3. Hire an Experienced White Collar Crime Attorney

An attorney can intervene early, negotiate with prosecutors, and challenge questionable evidence before formal charges are filed. The sooner you secure legal representation, the better your chances of achieving a favorable resolution.

Remember, every case is unique, and your situation may require additional or fewer steps.

Facing White Collar Crime Charges? Contact Us Today

White collar crime allegations can jeopardize your career, finances, and freedom. If you are being investigated or have been charged with a financial crime, you need a skilled legal advocate to protect your rights. At the Law Offices of Shawn M. George, APC, we have extensive experience defending clients against white collar crime charges in California. As a former district attorney, Shawn George understands the complexities of financial crime investigations and how to develop a tailored defense strategy to fight the allegations against you. Call our office today to schedule a confidential consultation and take control of your defense.