• Address: 8880 Rio San Diego Dr, San Diego, CA 92108 (map)
• Date Posted: 11/18/09

Reply to: sam@spitalaw.com

CALL OR EMAIL TODAY:
619-583-0350
E-mail: sam@SpitaLaw.com

SINCE 1971
At Samuel Spital & Associates, we are San Diego Criminal Defense Lawyers. We are also here for you as your San Diego DUI Attorney. We represent individuals charged with a criminal felony and/or a misdemeanor at all levels of the juvenile, state and federal trial and appellate courts in California.

Always an initial FREE CONSULTATION from Sam Spital, a former Deputy Attorney General and Probation Officer, who is the managing lawyer. When you retain our law firm as your personal San Diego Dui Attorney or San Diego Criminal Defense Attorney, no matter how complex, we fully understand Criminal Law and we know what to do.

Some of the criminal defense cases we accept are: Sex Crimes Drug Charges DUI and Traffic Violations Domestic Violence Felonies Misdemeanors White Collar Crimes Juvenile Crimes Criminal Appeals Violent Crimes Probation and Sentencing As your San Diego Criminal Defense Attorney and San Diego DUI Attorney, we use experienced private investigators, forensic psychologists, expert witnesses and will also help you obtain a bailbond. Call Spital and Associates for a referral for a family member or friend who is in custody to obtain bail and get him or her immediately released.


BAIL
Bail allows you to be released from jail, unless you receive an O.R. (release on your own recognizance (payment is waived on condition you promise to appear in court). In general, defendants who are released on "O.R. status" have strong ties to the community, making them unlikely to flee. Factors that may convince a judge to grant an O.R. release include the following : You have little or no past criminal record, or any previous criminal problems you had were minor and occurred many years earlier. You have other family members (most likely parents, a spouse or children) living in the community. You have resided in the community for many years. You have a job. You have been charged with previous crimes, but have always appeared as required (in other words, there have been no prior arrest warrants or "failures to appear"). You may either pay the bail amount with a cashier's check, credit card, or cash equivalent (real estate). In the alternative, you can use a bail bondsman who works with a surety company to provide a bond (insurance) to the court that will guarantee you will make your future court appearances. If you appear in court at the proper time, the court refunds the bail (be sure to discuss the details with your bailbondsman). But if you do not show up, the court keeps the bail and issues a warrant for your arrest.


EXPUNGMENT AND DISMISSAL OF CONVICTION

If an individual has been convicted or pled guilty to an offense in a negotiated settlement, our work is still not over. We work closely with our clients to help them continue with their rehabilitation and to fulfill the terms and conditions of probation. Additionally, we can be retained to seek the dismissal and have your case expunged if you have complied with the terms of probation, even if the entire period of probation is not completed. Are you eligible? An adult who was granted and has successfully completed probation, either by fulfilling the conditions of probation or being successfully discharged before the end of his/her probationary period. It is not necessary that the TERM of Probation be completed to obtain this relief. Hence, your probation may be for 5 years, however, you have successfully fulfilled all of the terms and conditions except the period of time and have had no intervening criminal cases, results in your being eligible for having the guilty plea withdrawn and the conviction dismissed.

PARDON
A Certificate of Rehabilitation is a court order, which declares that you have been convicted of a felony or qualified misdemeanor and are rehabilitated. If a petition for a Certificate of Rehabilitation is granted, it is forwarded to the Governor by the Superior Court and constitutes an application for a pardon. A Certificate of Rehabilitation is available to the following individuals: If you were sentenced to State Prison and were released on Parole (thereby being ineligible for expungement); If you have a felony conviction and desire a Governor's Pardon

ARREST WARRANT AND BENCH WARRANT
An Arrest Warrant is an Order given to the police, demanding the arrest and detention of a person. These warrants typically will be issued where there is suspicion of criminal activity. For example, when law enforcement reasonably suspects criminal activity has occurred, the police or sheriff will obtain a sworn statement from the alleged victim, present it to a judge who will sign an Order for the arrest of that person.

A Bench Warrant, the most common type of warrant in California, is an order for the immediate arrest of a person. Typically, bench warrants are issued by the court as a result of one's failure to appear in court on the date scheduled for a hearing. Additionally, a bench warrant is issued if you do not appear for your arraignment (time to enter a plea of not guilty) after being charged with a crime, if you fail to appear for your sentencing hearing and/or you fail to appear or show proof of your compliance with a court ordered term of your probation (such as payment of fines, attendance at certain classes, completion of community service, etc.). Contact criminal defense attorney Sam Spital for your Bench Warrant.

PROBATION VIOLATION
It is important that you are aware you need a Probation Violation Attorney and/or Arrest Warrant - Bench Warrant Attorney if you have violated one or more of the probationary terms &/or failed to appear for a hearing, because this may cause the court to revoke your probation and then send you to jail to serve your original jail sentence.


SAM SPITAL, LAWYER
SPITAL AND ASSOCIATES
619-583-0350

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