Criminal Defense:

Mr. Linscheid aggressively represents individuals accused of all criminal offenses. As a criminal defense attorney, Mr. Linscheid represents individuals charged with misdemeanors and felonies in state and federal court, including those charged with driving under the influence (DUI), property crimes, weapons and firearms charges, Fish and Game violations, homicide, drug charges (including possession, sales, and cultivation), domestic violence, white collar crime, identity theft, and traffic violations. Mr. Linscheid represents individuals with assets seized in civil and criminal forfeiture proceedings.

Driving Under the Influence (DUI)

Mr. Linscheid provides an effective defense to individuals charged with driving under the influence. When arrested for driving under the influence one faces both criminal prosecution in the superior court and license suspension proceedings initiated by the Department of Motor Vehicles. After an arrest for driving under the influence a person must contact the Department of Motor Vehicles within 10 days of their arrest in order to prevent an automatic suspension of their driving privileges. Mr. Linscheid consistently fights for his clients' rights in the superior court as well as before the Department of Motor Vehicles to avoid a conviction for DUI and suspension of his clients' driving privileges.

Post-Conviction Relief and Record Clearance

Mr. Linscheid prosecutes appeals and petitions for writ of habeas corpus on behalf of individuals convicted of misdemeanor and felony offenses in state and federal court. Mr. Linscheid assists individuals in cleaning their records by petitioning the superior court to expunge prior convictions and petitioning for certificates of rehabilitation and pardons. In certain circumstances a felony conviction may be reduced to a misdemeanor and thereafter expunged from a person's criminal record. Taking steps to clean their record allows individuals with criminal records to obtain employment in professions which preclude those with criminal convictions. In certain circumstances a certificate of rehabilitation will alleviate the requirement that a person who has been convicted of specific sex offenses to register as a sexual offender.

Appeals

Mr. Linscheid has experience prosecuting appeals of convictions in both state and federal courts.

Medical Marijuana

Mr. Linscheid provides consultation to and defends the rights of those individuals and associations of individuals that cultivate, possess, distribute and consume marijuana for medical purposes.

Department of Motor Vehicles (DMV)

Mr. Linscheid has fought to preserve the driving privileges of individuals facing driver license suspensions before the California Department of Motor Vehicles as a result of arrests for driving under the influence, medical suspensions, as well as negligent operator hearings. Mr. Linscheid represents individuals appealing the suspension of their drivers licenses. Mr. Linscheid has experience appealing to the superior court by filing a writ of mandate to contest the DMV's order of suspension and in many circumstances has obtained a stay of the drivers license suspension while the case is pending.