Former Ventura County Supervising Prosecutor

DMV Hearing Victories We have recorded multiple DMV hearing victories for clients in recent weeks.   Upon receiving the latest ruling today, one of our clients was spared a one-year hard suspension of his license.  An adverse ruling would have been personally and professionally devastating to him. Investigation: I conduct a thorough investigation before defending…

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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…

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…

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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…

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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…

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False Report by a Peace Officer – Penal Code Section 118.1 Peace officers who knowingly file false reports may be punished with either a misdemeanor or felony criminal charge pursuant to Penal Code Section 118.1. Penal Code Section 118.1 establishes a form of perjury specific to police officers.1 Elements of the Offense: A peace officer…

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Recording a False or Forged Instrument – Penal Code Section 115 Penal Code Section 115 penalizes the unlawful filing of false or forged documents with public agencies. Elements of the Offense Under Penal Code Section 115, a person is guilty of a crime if the prosecution can prove the following elements beyond a reasonable doubt:…

Use of False Citizenship or Resident Status Documents – Penal Code Section 114 California law punishes any person convicted of using false documents to hide their immigration status. Elements of the Offense: To conviction you of a felony or a misdemeanor under Penal Code Section 114, the prosecution must prove the following elements beyond a…

Creating, Distributing, or Selling Falsified Citizenship or Resident Alien Documents – Penal Code Section 113 The controversial Proposition 187 ballot initiative of 1994 created a felony crime for any person convicted of manufacturing, distributing or selling false documents intended to: • Conceal the true citizenship status of any person; • Conceal the true resident alien…

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Escaping or Attempting to Escape from Public Training Schools, Reformatories and Public Hospitals, Penal Code Section 107 Following a conviction in criminal court, any individual housed at a public training school, reformatory or county hospital is subject to felony prosecution if he escapes or attempts to escape from the facility. Penal Code Section 107 is…