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Law Office of E. Michael Linscheid

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General Blogs

Post-Conviction Relief In California: How Does It Work?
  • By: E. Michael Linscheid

Criminal convictions often carry unexpected or unforeseen consequences. While you might not have been able to timely file an appeal, you may not realize that post-conviction relief options are available in California. An experienced attorney can guide you through the process. This article will explain: What post-conviction relief is in California and how it differs from an appeal. The eligibility requirements for post-conviction relief in California. The evidence you may need to obtain post-conviction relief and how it could impact your future. What Is Post-Conviction Relief In California? Post-conviction relief is one of two primary methods of challenging a criminal conviction or sentence after it has been entered. The first…Read More

Image represents the legal process of appealing misdemeanor convictions in California
  • By: E. Michael Linscheid

Getting convicted of any crime, even a low-level misdemeanor, can feel like your life is over as you know it. In California, the impact of a conviction can be far-reaching and long-lasting. Because of this, it’s often worth contesting certain convictions. This article provides essential insights into the appeals process for misdemeanors in California, including: The deadline for filing an appeal in California and why pleading guilty might limit your ability to appeal. A general overview of the appeals process from start to finish. Two examples of successful misdemeanor appeals from California cases. How Long Do I Have To File An Appeal For A Misdemeanor Conviction? In California, you typically…Read More

Glass of alcohol, car keys, cash, and a gavel, symbolizing DUI
  • By: E. Michael Linscheid

What To Look For In A DUI Defense Attorney When looking for a DUI defense attorney, consider these points to ensure you have competent and effective representation. Remember that you’re trusting this person with your life; you’re not merely hiring them to perform a service. Experience Look for an attorney with ample experience handling all aspects of DUI cases, including trial experience, motion practice, representation at the administrative license suspension hearing, filing appeals, and challenging DMV decisions. Trial Readiness Choose an attorney who is not afraid to take a case to trial when necessary and has a proven track record of successfully handling cases that have gone to trial. Current…Read More

Handcuffs wrapped around a roll of money, symbolizing DUI penalties
  • By: E. Michael Linscheid

Fines Associated With A DUI Conviction In California, the statutory fine for a DUI conviction ranges from $390 to $1,000. However, when additional fees and assessments are included, the total amount typically comes out to around $2,000. Options to manage these fines include: Serving Additional Time In Custody: Some courts allow you to serve extra time in custody instead of paying the fine, essentially working off your fine. Waiving Fines For Indigency: If you are indigent or have no reliable source of income, the court may waive most of the fines and fees, leaving you with either no fine or a significantly reduced amount. Determining Jail Time In California, determining…Read More

A lawyer signs a document, symbolizing the legal process from arraignment to sentencing
  • By: E. Michael Linscheid

Unpacking Arraignments An arraignment marks the initial court hearing following the filing of criminal charges by the district attorney or local prosecutor. Typically, this is the first official proceeding in a DUI or criminal case. During the arraignment, the accused is informed of the charges against them and their legal rights. It’s at this stage that you’d enter a plea of not guilty or request to continue the case for further proceedings. In a DUI case, you have several options for entering a plea. At the arraignment, the most common plea is not guilty. However, if you decide to resolve the charges at a later stage, you can enter a…Read More

Judge holding gavel in the courtroom - Law Office of E. Michael Linscheid.
  • By: E. Michael Linscheid

Atlanta YSL Trial Highlights The Legal Rights Of Anyone Accused Of A Crime In recent headlines, Young Thug has gained media attention as his involvement in the YSL RICO trial unfolds. Racketeer Influenced and Corrupt Organizations Act (RICO) charges are typically used to prosecute individuals involved in criminal enterprises. In celebrity trials such as this, it's important to remember that the rights afforded to celebrities, such as Young Thug, are those afforded to anyone accused of criminal charges, regardless of fame or notoriety. The YSL case offers a real-world example to examine the fairness and boundaries of RICO's application, shedding light on its impact beyond celebrity trials. In this article,…Read More

  • By: E. Michael Linscheid

The bicyclist who struck and killed a pedestrian in San Francisco's Castro neighborhood last year must stand trial on felony vehicular manslaughter charges, a judge ruled Thursday. Chris Bucchere cried softly during the final argument of his preliminary hearing when his attorney described him as a good person and a family man who gives back to his community. Bucchere, a 36-year-old San Francisco resident, was riding his bicycle south on Castro Street during morning rush hour last March 29 when he collided with Sutchi Hui, 71, of San Francisco, who was crossing in the south crosswalk along Market Street with his wife. Hui died of his injuries four days later.…Read More

California Supreme Court Holds Hearing On Medical Marijuana Dispensaries
  • By: E. Michael Linscheid

The California Supreme Court is set to hear oral arguments Tuesday morning in a case that may decide whether cities and counties can ban medical marijuana dispensaries. California voters approved an initiative that allows the dispensaries, also known as pot shops, throughout the state. The court's decision could go a long way towards settling the issue of how local governments regulate the dispensaries. Arguments in the case of the City of Riverside v. Inland Empire Patients Health and Wellness is set to start at 10:15 a.m. PST. We will add the live stream from the hearing in San Francisco as soon as it becomes available.Read More

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