scales-of-justice

Another DUI Hearing Victory, by Bill Haney – Ventura County Criminal Defense Attorney Last week, I successfully defended another license at a DMV hearing.  In this matter, we obtained calibration records for the breath testing device and convinced the hearing officer that the client’s blood alcohol level was likely below .08 at the time of…

Mercy

Drug Treatment – Not Jail, by Bill Haney, Ventura County Criminal Defense Attorney Today, I had the privilege of representing a woman charged with child endangerment in the Ventura County Superior Court. The District Attorney demanded a 270-day jail sentence as punishment. We submitted letters, a detailed sentencing brief and life history information to the…

Threatening Cooperative Government Witnesses – Penal Code Section 140 Penal Code Section 140 punishes those who retaliate against witnesses and crime victims after they have cooperated with government. Elements of the Offense: 1. The defendant willfully did any one of the following to a witness or crime victim: a. Used force or violence; b. Threatened to…

Inducing the Testimony of a Witness Through Force, Threat of Force or Fraud – Penal Code Section 137(b) California law offers harsh punishment to any person who attempts to undermine the integrity of the criminal justice system by using force, threat of force or fraud to influence a person who is about to give information…

accepting-or-taking-a-bribe-penal-code-section-68

Bribing a Law Enforcement Witness – Penal Code Section 137(a) California law offers harsh punishment to any person who attempts to undermine the integrity of the criminal justice system by bribing or offering a bribe a person who is about to give information to law enforcement. Elements of the Offense: The prosecution must prove the…

Californiapenalcode

Witness Intimidation – Penal Code Section 136.1 California law harshly punishes anyone who interferes with the legal system through an act of witness intimidation. The crime is broadly defined and heavily used in some jurisdictions like Ventura County. Elements of the Offense: There are several forms of witness intimidation under California law: Witness Intimidation Defined…

evidence

Destroying or Concealing Evidence – Penal Code Section 135 Penal Code Section 135 provides misdemeanor-level punishment for anyone who willfully destroys evidence to prevent its use in a legal proceeding or investigation. Elements of the Offense: The prosecution must prove the following elements beyond a reasonable doubt: 1. A person willfully1 destroyed, erased or concealed…

Offering False Evidence at Trial – Penal Code Section 132 Penal Code Section 132 strongly punishes any attorney or other person who intentionally causes false or altered evidence to be introduced at trial. The statute is designed to protect the integrity of legal proceedings. Elements of the Offense: The prosecution must prove the following evidence…

Preparing False Statement or Report Under Oath – Penal Code Section 129 Penal Code Section 129 is part of the overall legislative scheme to prevent perjury and protect the integrity of the legal system. Any person who violates Penal Code Section 129 is guilty of the crime of perjury as defined in Sections 118 and…

Willfully Causing the Execution of an Innocent Person – Penal Code Section 128 Penal Code Section 128 was passed by the Legislature to deter witnesses from offering untruthful testimony to unjustly cause the execution of someone facing the death penalty.1 Under California law, every person who, by means of perjury or subornation of perjury, causes…