Robin Johnson

Serving Riverside, San Diego and San Bernardino Counties, CA

The Shark Lawyer

Robin Johnson

Attorney at law

Criminal Defense




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By robinjohnso19628844, Aug 29 2017 04:03AM

What should be expected when a person is going to court for a DUI? Many times, there are arguments that can be used in the case to reduce the charges or possibly have the charges dismissed. Even if it feels as though the evidence is insurmountable, consider the benefits of talking to an attorney to find a good defense strategy. In most situations, it makes sense to fight the case instead of simply pleading guilty.

What Happens at the Time of Arrest?

Often, a DUI arrest occurs when a person is stopped in traffic or arrives at a checkpoint. The officer will perform sobriety tests, and then the accused is taken to the police station or the hospital if needed.

In most situations, a person arrested for DUI will be released in a few hours after the arrest. If it is a felony DUI charge, then it might be necessary to post bail before the defendant can leave. Two documents will be provided as the defendant is leaving after the arrest: a temporary license (pink), and a citation requiring a court appearance.

Things to Do After the Arrest

Within the first ten days after the arrest, it is necessary to contact the DMV to schedule a hearing. Otherwise, the right to a hearing could be forfeited, and the driver’s license will go into automatic suspension for 30 days. The best strategy is to let a DUI defense attorney schedule the hearing.

The DMV controls your license. It is looking for probably cause for the stop or citation, and a blood alcohol concentration of .08 or above.

At the jail, it is very important to VOLUNTARILY submit to a blood or breath test, or your license will be suspended for a year if you refuse. The office will get an immediate warrant for a forcible blood draw if you refuse, so they are going to get the BAC anyway! You do not have a right to talk to an attorney prior to choose a blood or breath test. (Robin Johnson recommends blood, not breath).

You are NOT REQUIRED to attend the DMV hearing if you have an attorney. An experienced attorney can handle it for you. After the hearing, the defendant will receive notification of the hearing officer’s decision via mail, normally within 2 weeks from the hearing.

One of the advantages of having an experienced attorney is the opportunity to ask questions every step of the way. If you are facing DUI charges and you need advice from an attorney, then it is important to contact Robin Johnson as soon as possible to help with your case.

This article is intended for informational use only and should not be considered legal advice. All cases are different and results may vary. Please consult an attorney for further legal assistance.

By robinjohnso19628844, Aug 23 2017 05:00AM

Even the best driver will face a traffic incident at some point, which could result in a ticket. Most of these traffic offenses are usually infractions, which means that the diver is not entitled to a court-appointed attorney, and must handle the ticket himself or hire an attorney to handle it.

Each case is different, so there isn’t one specific strategy that should be used to fight your traffic ticket. But, there are a few things that you can do to handle your own traffic ticket. If you are unsuccessful with these tips, then the next step is to hire an attorney to help with your defense.

In-Person or in Writing to Fight a Ticket

In the state of California, there is the option to fight the ticket in person or in writing. When evidence can be shown in favor of innocence, then it is possible that the ticket can be dismissed.

If a person doesn’t want to spend time in a trial for the case, then he has the option to do a trial by written declaration. It will be necessary to provide the evidence and information in writing. This choice is only available if the citation was given for a traffic violation, the due date hasn’t passed, and there are no required court appearances for the ticket.

Pleading Guilty vs. Not Guilty

If a person wants to plead guilty, he needs to:

* Pay the fine

* Sign up for traffic school, if eligible (can go no more than once in 18 months)

* Pay an extra $57 to the court to get to go to traffic school

* Pay the traffic school their fee. (Upon completion of traffic school the ticket is dismissed).

* Provide proof of repair or correction (if needed)

* Realize that if one does not do traffic school one will incur a point(s) on his DMV record

* Comply with any other requests from the judge

On the other hand, fighting a ticket means that a not guilty plea is entered at the arraignment. This process involves:

* Traffic court trial or trial by declaration

* Self-representation in court, or hiring an attorney

* Forfeiture of the option for a plea bargain, unless you hire an attorney

* Pay the ticket if found guilty

* Once you start arguing the case the judge will most likely not allow you to go to traffic school.

There are benefits and drawbacks to each option, so the best course of action needs to be determined based on the circumstances of each case. If you have questions, then contact Robin Johnson for more information.

This article is intended for informational use only and should not be considered legal advice. All cases are different and results may vary. Please consult an attorney for further legal assistance.

By robinjohnso19628844, Jul 17 2017 07:41PM

“You have the right to remain silent” is a phrase that is often used in movies and TV shows during an arrest. But, these Miranda rights aren’t just for Hollywood, because police officers offer this warning when they are taking criminal suspects into custody.

What are Miranda Rights?

The “Right to Remain Silent,” also known as Miranda Rights, are shared with potential suspects to help the person know that he is protected against self-incrimination. In 1966, Miranda v. Arizona was a case where this criminal procedure rule was put into place. The Supreme Court ruled in 1966 that whenever a person is taken into custody, he must be informed of his Fifth Amendment rights before being questioned.

There are several pieces of information that should be disclosed before a suspect is questioned:

1. You have the right to remain silent

2. Anything you say can and will be used against you in a court of law

3. You have the right to an attorney

4. If you cannot afford an attorney, one will be appointed for you

If a police officer in the United States fails to give this warning before questioning when the suspect is detained, meaning not free to leave, then any confession or statement cannot be used against the suspect in the case. The officer does not have a specific script that needs to be followed. But, the substance of the Miranda Rights needs to be communicated in a clear manner to the suspect. In the situation where a language barrier hinders the understanding of the suspect, it is necessary to have the rights translated so that the individual understands the message.

Right to an Attorney

Any time the Miranda Rights have been read, it is best not to say a word until an attorney is present. A criminal defense attorney will protect the rights of the suspect, ensuring that he gets a fair trial and legal proceedings.

For top-notch legal advice, contact Robin Johnson to learn more about the rights that are available for suspects in custody. Call anytime to request the services of an experienced attorney who can help with a criminal case.

By robinjohnso19628844, Jul 13 2017 02:59PM

Seeing red and blue lights in the rearview mirror can cause a person’s heart to skip a beat. Even if the traffic laws were followed, a driver could be understandably nervous about being pulled over by a police officer. The next few minutes need to be handled with care to protect the rights of the driver so that the person can avoid legal problems.

What should the driver do when talking to the police officer? Here are three steps that should always be followed:

1. Stay Calm

Even though it is a stressful situation, staying calm is the best way to manage the situation. Getting angry, frustrated, or emotional about being pulled over could escalate the situation and lead to bigger problems in the future. So, keep your cool and don’t let emotions take over. Be polite and attentive to the conversation, regardless of the officer’s demeanor.

2. Stay in the Vehicle

Staying in the car will ensure safety, especially if the car is parked on the side of a busy road. There is no reason to get out of the car unless instructed by the police officer. Some officers could misunderstand the actions if a driver gets out of the car, assuming that the driver is aggressive or trying to flee the scene. Instead of causing confusion, it is better to stay in the seat and wait for the officer to approach the car. Make sure your hands are visible. Keeping them on the steering wheel is a good idea.

3. Provide the Requested Information

The police officer will ask for your name, date of birth, driver’s license and car registration. Provide these details as requested, but be aware that you don’t have to answer any other questions. Anything that is said could potentially be used as evidence if charges are filed. If additional questions need to be answered, then it is best to call a criminal defense attorney before having the conversation.

An experienced lawyer can ensure that the police officer is upholding the law. In the situation where charges are filed, the attorney can put together a case to protect the rights of the driver. For additional information, call Robin Johnson to talk to one of the leading defense attorneys in the area.

By robinjohnso19628844, Jun 20 2017 05:14AM

It is common for the term “burden of proof” to be thrown around in conversations, but what does it mean for a criminal trial? This phrase refers to the duty of the prosecution to prove the facts of the case, showing that the defendant is guilty.

Proving Facts during a Trial

In a trial setting, facts are presented and then both sides work to either credit or discredit the facts. When someone is charged with a crime, the prosecution has the burden of proving the guilt beyond a reasonable doubt. The only way a conviction will happen is if there is enough evidence to support the charge.

So, the prosecution will present each piece of evidence, and then provide the best argument to show why the evidence is irrefutable.

Even though there are checks and balances in the court system, it doesn’t always work perfectly. There are times when a guilty person might walk free because there isn’t enough evidence for a conviction. A good defense attorney will look for the best strategies to discredit the evidence that is presented. By showing that the evidence doesn’t prove guilt without a reasonable doubt, then the decision could be made in favor of the defendant.

Analyzing the Provided Evidence

If a case goes to trial, then the jurors will need to evaluate the evidence to determine if the defendant committed the crime. This process involves thorough consideration of each piece of evidence and the arguments that are presented by the attorneys. When the evidence lines up, then a guilty verdict will be given.

But, if there is a juror with “reasonable doubt,” then the jury can’t deliver a guilty conviction. The evidence will be re-evaluated until a firm decision can be made by the entire jury.

A good criminal defense attorney will be able to show the evidence in a way that leaves reasonable doubt, helping the defendant to avoid a guilty charge. For help with an upcoming criminal case, talk to one of the leading attorneys in the area: Robin Johnson. Schedule a consultation to learn more about the ways these services can improve the outcome of a case.

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