Wednesday, November 5, 2008

Partial List of Successful Cases in Southern California

Please call us at 866-722-8400. Our Southern California Office is located at 1920 Main Street, Suite 1000, Irvine, CA 92614. Our consultations are free. In Irvine, we have teamed up with renowned Criminal Defense Lawyer Todd Landgren to provide our client's with the best possible service and representation. You will not get better more experienced representation anywhere in Southern California.

K.S. – Orange County Superior Court – Westminster – 02/05 DUI .10 – The case was reduced to a dry reckless.


S.M – Orange County Superior Court – Newport Beach – 04/05 DUI Refused – Dismissed after a successful motion to suppress.


K.S. – Orange County Superior Court –Westminster - 06/05 - DUI (drugs), and H&S 11550 Under the influence of drugs. Both charges dismissed.


S.M. – Orange County Superior Court – Newport Beach – 07/05 - DUI Refused – Case reduced to a dry reckless just before closing.


C.L – Orange County Superior Court – Fullerton – 08/05 - DUI (2nd) .09. Argued rising BAC. – Client was found not guilty on both counts but violated for his probation.


K.D. – Orange County Superior Court – Westminster – 09/05 DUI .20 – Case reduced to a drunk in public. Record later expunged.


People v. Stiefel- Orange County Superior Court – Santa Ana – 09/05 DUI .12. Argued rising BAC. Case dismissed on the day of trial.


K.S.
– Orange County Superior Court – Newport Beach – 10/05 - DUI (2nd) Refusal – Case dismissed

M.V – Orange County Superior Court – Newport Beach 10/05 - DUI .15 – Case reduced to a wet reckless.


T.K. – Orange County Superior Court – Santa Ana – 10/05 -DUI (drugs) (accident) – After extensive talks with Orange County Deputy District Attorney A.H.
the case was Not Filed

C.U. - DUI .- Orange County Superior Court – Newport Beach – 10/05 DUI .08 – Case reduced to a wet reckless.


People v. Ayala – Orange County Superior Court – Fullerton – 12/05 - DUI .07. Client admitted to finishing last drink 10 minutes before driving. Case was a perfect riser. In addition, officer wrote that client had all 6 clues in HGN test. Client had a glass eye. Only one of his eyes worked so at most the officer could have observed 3 clues. – Case Dismissed.


People v. Spieckerman – Orange County Superior Court Newport Beach -12/05 DUI .10 – Case reduced to a wet reckless.


R.A. – Orange County Superior Court – 01/06 DUI (drugs cocaine and alcohol) .05 - Not Filed. Client later died of a suspected overdose. It was well after his case was won but made the victory quite hollow.


People v. Mahoney – Los Angeles Superior Court – Long Beach – 02/06 - DUI and Hit and Run. Client was a .20 and there were several witnesses to driving.- The cased was reduced to a hit and run.



M.Z. – San Bernardino Superior Court – 06/06 DUI .10 – The case was reduced to a wet reckless. Client was a commercial driver so the plea to a wet was imperative.


C.H. – Orange County Superior Court – 06/06 Westminster - DUI .10 – Case reduced to a wet reckless.


W.H.- Riverside County Superior Court – 06/06 DUI (2nd) .09. Argued rising BAC. Not Guilty on both counts.


A.H. – San Bernardino Superior Court – Rancho Cucamonga – 06/06 – DUI 0.07 – Case reduced to non-alcohol related reckless.


M.W.. Orange County Superior Court - Newport Beach - H-2 -09/06 - Client was charged with Felony Driving under influence alcohol/drug with injury and Felony Vehicular manslaughter without gross negligence for an accident that resulted in the death of her passenger. Client had a 0.05 BAC and methamphetamine in her system. - Client plead guilty and was sentenced to 3 years probation and 180 days in jail.


Marlene O. - Ventura County Superior - 10/06 - Client went to trial on violations of California VC 23152(a) and (b). Client was parked on side of 101 freeway and passed out behind the wheel of a car registered to her. The keys were in the ignition and the hood was warm. Client's friend testified that she drove car to location. Client had a 0.16 blood alcohol level at the time of the test. - After 4 day jury trial client was found Not Guilty on both counts.


Tim T. -Orange County Superior - West Justice - 12/06 - Client was charged with violations of California VC 23152(a) and (b). Client pulled over for exhibition of speed and stopping at a green light. Client stopped in driveway. Client performed poorly on FSTs. 0.09/0.10 PAS test and 0.09/0.08 Breath Test. Filed numerous motions to suppress related to violations of client's Constitutional rights. - Orange County District Attorney's Office dismissed both counts on the day of trial.


J.C. - Los Angeles County Superior Court - Metro Division - 5/07 - Client went to trial on violations of California VC 23152(a) and (b). Client was a firefighter that was involved in single car accident. Client had one prior DUI within 10 year statute. Client had a 0.14 breath result. Argued the DA did not prove Corpus. - After 4 day jury trial the jury found the client not guilty on both counts that went to trial. After trial court found client in violation of his probation. Client also plead guilty to 14601.2 (Driving on a Suspended License) after trial.


J.C. - Orange County Superior Court - Newport Beach - 5/07 - Client went to trial on California Vehicle Code (VC) Violations 23152(a) (Driving Under the Influence) and 23152(b) Driving with a BAC greater than 0.08%. Client pulled over at checkpoint. Client performed poorly on field sobriety tests (FSTs). 0.08/0.09 preliminary alcohol screening (PAS) test result. 0.09 Blood test result. Argued rising BAC and that officers were inaccurate in testimony. After 4 day jury trial, the jury was hung 9-3 in favor of Not Guilty on 23152(a) and 9-3 in favor of Guilty on 23152(b). - Client ultimately pleaded guilty to non-alcohol related reckless.


D.B. - Orange County Superior Court - Newport Beach - 02/08 - The client was charged with DUI. Client had a breath alcohol concentration of 0.22. Costa Mesa Police witnessed driving and arrested client in her garage. Client performed poorly on her field sobriety tests. Motion to suppress filed regarding officers entering client's garage without permission. - Motion granted. Case dismissed.


W.R. - Riverside County Superior Court - Indio -02/08 -Client charged with two felonies for commercial burglary and identity theft. Client stole credit cards from an elderly Indio woman with her boyfriend. Credit cards were left in a purse near the victim at a hotel. Client and boyfriend ran up the victim's credit cards. - Client plead guilty to one count of Misdemeanor Commercial Burglary.




Wednesday, July 2, 2008

Austin DWI Infomation

With the 4th of July Weekend upon us, I wanted to remind everyone that drinking and driving is never a good idea. However, if you make the decision to drink and drive, I wanted to give everyone some general tips for dealing with getting pulled over for DWI in Texas. I will post a separate post for dealing with a DUI detention in California. As always we will have lawyers on call 24 hours a day to assist you with a jail release. Save this number into your cell 512-457-5200. I have very detailed information on dealing with DWI in Texas on my DWI specific web site www.austindwiweb.com.


General Tips for Dealing with a DWI Arrest

The following are some general guidelines to assist you if you are ever pulled over in Texas after drinking before driving. This being said, the easiest way to avoid having problems in the first place is to be responsible. If you drink, do not drink to excess. If you drink, DO NOT DRIVE.

In my experience, the vast majority of police reports, whether DWI related or something else, generally start out with someone who has consumed too much alcohol or some other illicit substance. (It goes without saying that you should avoid all activities and substances that are illegal by their very nature.)

I know cabs can be difficult to find and expensive on busy nights. That being said, the price you pay in both time and money for a cab is far better than the attorney's fees, court fines and fees, and a potential jail sentence. You are better off renting a limo. If you do make the decision to drive after consuming alcohol, you can use the following 8 tips to reduce your chances of being convicted of DUI/DWI in Texas.

1. When questioned for DWI or drunk driving before arrest, you are not in custody for purposes of Miranda warnings. If you politely refuse to answer any of the police officer's questions concerning the DWI investigation, either before or after arrest, then there will not be any statements that can be used against you in court. Even seemingly innocuous questions can be used by the prosecution to assist them in convicting you of DWI.

2. Field Sobriety Tests (FSTs) are completely voluntary. If you have been drinking, whether you perform the FSTs or not you will probably be arrested. It is probably better not to give the police evidence that will be used against you in court. You can politely refuse to do FSTs.

3. In Texas, if you refuse a chemical test on a first offense, you will lose your license for 180 days (rather than 90 days on a non-refusal). Plus, you are still eligible for an occupational license. As such, if you are in Texas, I would advise you not to complete a post arrest chemical test. While search warrants to force blood are becoming more common, they are still not the norm.

4. Contact a friend or relative from jail as soon as possible so they can hear you speak and note your state of sobriety.

5. Always be polite and respectful to the police officers. How you are perceived by a jury is extremely critical.

6. Most jurisdictions video the arrest, breath testing and/or booking process. Always be on your best behavior.

7. Make a detailed list of all the events before being stopped up to and including being released from custody.

8. Retain an experienced DUI / DWI drunk driving defense attorney to represent you. Only an experienced DUI/DWI defense attorney is able to spot your favorable issues and present them to a prosecutor, judge or jury.
________________________________________________________________________
Remember, the best way to avoid a DUI or drunk driving conviction is to not drink and drive. Purchasing a portable breath test machine can also be of benefit. Unfortunately, the way our laws are going even if you've had a small amount of alcohol and you are not impaired, as long as you smell like alcohol your chances of being arrested are very high. However, being arrested for DWI does not automatically result in a conviction or loss of
your driver's license. The above tips are designed to provide accurate and authoritative information. They are not designed to render legal opinions. The Law Offices of Jason Trumpler, P.C. does not seek to represent you based upon your visit or review of this blog, which may be considered advertising under the rules of the State Bar of California or State Bar of Texas. You should not make legal hiring decisions based upon brochures, advertising or other promotional materials without first consulting with a competent attorney. Any information contained in this bulletin is not intended to indicate what the results will be in your case.


Sunday, November 18, 2007

Information on Travis County S.H.O.R.T Program

Information on the Travis County S.H.O.R.T. program. The S.H.O.R.T. program is similar in many respects to PC 1000 in California. It gives defendants the chance to complete a drug treatment program and earn a dismissal of a conviction. It is a win win in that it gets those who need it treatment, it gives offenders a second chance, it saves tax payers money, and allows some relieve in jail over crowding.

S.H.O.R.T. Program
205 West 9th St.
Suite 500
Austin, TX. 78701
PH:(512) 854-4646
FAX:(512) 854-4643

"A Chance to Change"

S.H.O.R.T. (System of Healthy Options for Release and Transition)

The Drug Diversion Court is a year long program for defendants who have been arrested with Felony Possession of Controlled substance offenses.

Program Mission is to:

Reduce the impact of crime on individuals, families, law enforcement criminal courts and the community.

Effective reduction in the abuse of controlled substance in Travis County through:

• Effective court interventions
• Law enforcement support
• Outreach Services
• Treatment linkages
• Educational Case Management


The Travis County Drug Diversion Court....
Gives the judge an active role in case planning, treatment referrals and court sanctions;

Relies on frequent drug screening (urinalysis) to promote the self-responsibility for becoming and remaining drug/alcohol free;
Offers a broad array of treatment referrals and in-house alcohol and drug education classes;

Dismisses drug charges when the client successfully completes the SHORT Program.

Wednesday, July 11, 2007

Mention in Texas Lawyer Magazine

Mention in Texas Lawyer Magazine

When Missouri City, Texas, entertainment lawyer Leslie Warren Cross launched a MySpace.com page in 2006, he wanted a way to provide up-and-coming musicians basic information about the legalities of music contracts.

But Cross says that as he acquired "friends" on his MySpace page, he realized the Internet social networking site is a great marketing tool for his firm, Les Cross & Associates, and a way to stay in contact with his vagabond musician clients.

"It's been really good," says Cross, a graduate of South Texas College of Law in Houston.

Cross, who opened his entertainment firm in 1997 and counts Paul Wall and Snoop Dogg among his clients, says he has landed a few clients through MySpace contacts, but he also spends a lot of time answering basic questions about music contracts from prospective clients who send him e-mails after seeing his MySpace page. He calls himself Music Attorney Cross (The Street Fighter) on his MySpace page, which features the music of client Jai Mike.

Cross and other Texas lawyers with MySpace pages that advertise their firms say it's a legitimate way to reach prospective clients, particularly younger people who aren't likely to look in newspapers or in telephone directories for a lawyer.

On MySpace, people can build a network of "friends" by giving other members permission to post on their sites.

"Most of my business is by word of mouth" either traditionally or through MySpace, Cross says.

Cross says he's preparing to launch a traditional Web site for his firm and expects most of his marketing to occur from that site. He notes, "MySpace is just to show them I do exist."

Cross isn't the only Texas lawyer who promotes his practice on a MySpace page, but he practices in one of the more common practice areas lawyers tout on MySpace. A search for "Texas lawyer" on MySpace brings up mostly entertainment lawyers and criminal defense attorneys, along with Dallas state district judges Carlos Cortez and Dennise Garcia. Both judges say they used MySpace to promote their election campaigns in 2006. Plaintiffs firm Jim S. Adler & Associates of Houston also has a MySpace page. But a search for MySpace pages for a number of large firms in Texas was fruitless.

Deborah McMurray, chief executive officer of Content Pilot in Dallas, who gives marketing advice to firms, says she wouldn't recommend MySpace to the large Texas firms.

"It might be appealing to the 20-something, the Gen X, Gen Y group, in terms of connecting with their friends or keeping in touch with law school classmates and that kind of thing, but I don't envision major law firms — major business-to-business law firms -- thinking that would be a new source of new business," McMurray says.

While she sees opportunity for entertainment lawyers and some others on MySpace, she is fearful that some of the prospective clients who find a lawyer on MySpace may not have the money to pay for one.

"If any person is using MySpace as their sole advertising medium for new business, I can't imagine it's going to pay off," she says.

McMurray's assessment doesn't faze lawyers such as Catherine Tabor of Austin, who says she has been pleasantly surprised at how much her MySpace page has helped her practice. Tabor, an entertainment lawyer and singer who goes by the name of Torchsinger/Entertainment Lawyer in Austin on her MySpace page, says she opened a MySpace account in 2006 simply to be a "friend" to a client, Austin saxophone player Carlos Sosa.

Tabor says she started receiving inquiries from prospective clients who found her MySpace page, so she decided it made sense for her firm, Tabor Law Firm. She has picked up a few clients from MySpace, and she has nearly 3,400 friends on the page. Many are musicians promoting their albums, and some are current or prospective clients, Tabor says.

Tabor says MySpace works for her practice, because musicians use MySpace to communicate with each other.

"This wouldn't work for many industries, but for this one it does," says Tabor, whose site features numerous pictures of Tabor with musicians.

According to MySpace, which is owned by Fox Interactive Media, more than 3 million artists and bands use MySpace to promote albums and interact with fans. Each month, more than 106 million people from around the world visit MySpace, according to statistics from comScore Media Metrics.

MySpace is also helping entertainment lawyer and singer Amy Mitchell of Austin build her part-time practice. Mitchell, a 2004 graduate of the University of Texas School of Law, says she gets one or two messages a day from people who see her MySpace page and may want to hire her.

Mitchell says she has a page because MySpace is such a band-heavy networking site. "The problem is the vast majority who contact me are not in Texas," she says.

She says she's careful not to give any legal advice on her Music Lawyer MySpace page, but she has landed a couple clients who located her on the networking site. She has also received referrals from Texas lawyers who saw her MySpace page.

TARGET AUDIENCE

MySpace pages can also help personal injury firms and criminal defense lawyers find clients.

Mark Meisinger, a 28-year-old criminal defense lawyer in Dallas, says his prospective clients are on MySpace. Meisinger says he defends people from charges involving drugs, driving while intoxicated and probation violations, as well as from traffic tickets. He also does juvenile law.

"This is my perfect age group. The people I'm going after [as clients] are on MySpace," says Meisinger, who graduated from Creighton University School of Law in Omaha, Neb., in 2004, and office shares at Gioffreddi & Associates in Dallas. "A whole bunch of people who party, who drink, whatever, those are the people on there who want to be my [MySpace] friend."

The MySpace page for the Law Office of Mark Meisinger features the slogan "Representing Those Who Mess With Texas."

Meisinger says he started using MySpace to promote his practice after a client told him she had 20,000 friends in her MySpace network and he should become one of the friends on her page to promote his practice. So Meisinger says he became a "friend" on the client's MySpace page and also posted a copy of his business card, which includes tips to "Be DWI Prepared." Meisinger says he then started becoming a MySpace friend to other women, added his business card to his own MySpace site and started networking with MySpace pages for bars in Dallas.

"I have gotten cases off there [MySpace]; there's no doubt. One month, I got four DWIs off of there. It's way more than the phone book's doing for me," he says, noting that promoting his practice through MySpace is inexpensive advertising, because his only cost is the time he spends networking on MySpace and managing his page.

"I've been licensed two years now. I don't have money to throw into the phone or TV ads," he says. "It works out perfect for me." In comparison, Meisinger says, he pays $700 a month for his Yellow Pages ad.

The MySpace page for Houston plaintiffs lawyer Jim S. Adler, founder of Jim S. Adler & Associates, greets viewers with the "Rocky" theme song, a picture of Adler shaking his fist and a link to his firm's "The Tough Smart Lawyer!" Web site.

"The world of technology is ever changing, so we are just trying to stay on the cusp of the wave. It's just a way of client development," he says.

Adler says he's not sure if his firm, which does personal injury work including automobile accidents, has landed any clients because of the MySpace page, but he believes it has led to prospective clients contacting his firm. The firm also uses television, billboards and a Web site to advertise.

Adler has close to 800 friends on his page. "People know me in Texas. Some of them might feel that being my friend on MySpace is a privilege, frankly," he says.

Jason Trumpler of the Law Offices of Jason Trumpler in Austin puts disclaimers on his MySpace page describing the page as an advertisement.

Trumpler, a former prosecutor who is working temporarily at a firm in Newport Beach, Calif., but will return full time to Texas in June, says he gets two or three calls a month from his 7-month-old MySpace page.

"I've gotten, since October, two clients out of the two or three calls a month. It's usually low-end stuff. I usually recommend they get a court-appointed attorney. It's generally young people who don't have money," Trumpler says.

While the MySpace page hasn't been wildly successful for Trumpler so far, he says it does offer an opportunity for prospective clients to find him.

"Anytime they see you, it increases their chances of hiring you at some point," he says.


Not every Texas lawyer who has tried a MySpace page considers it a success. Austin's Clifford Swayze of the Law Office of Clifford Swayze says he received one phone call immediately after he launched a MySpace page citing his criminal defense practice, but none since then. He says he plans to shut it down.

"It's completely worthless," says Swayze. "I thought it would be a good idea, but . . . in criminal law, I don't think the people accused of things want to get a lawyer off of MySpace."

Swayze's MySpace page, which was accessible to the public on May 21, was listed as private on May 23.

Kim Davey, a spokeswoman for the State Bar of Texas, says no Texas lawyer has asked the Advertising Review Committee to approve a MySpace page.

Kathy R. Kelly, a lawyer in Fort Worth who is chairwoman of the Advertising Review Committee, says lawyers have an affirmative obligation under the Texas Disciplinary Rules of Professional Conduct to ask the committee to review their public advertisements. A 2005 revision of the rules related to lawyer advertising requires lawyers to seek review of all Web sites.

Kelly says lawyers need to be careful to follow Rule 7.02, which says lawyers may not make false or misleading communications about their qualifications or services.

But she says technology may be moving faster than the rules.

Notes Kelly, "The advent of MySpace, which may seem more like an online directory than a lawyer's Web site, might fall in a gray area that I don't believe we have directly considered."

Brenda Sapino Jeffreys is a reporter with Texas Lawyer, an affiliate of the Daily Business Review.

Sunday, April 29, 2007

Client Letter # 4

Mr. B,

"At times our own light goes out and is rekindled by a spark from another person. Each of us has cause to think with deep gratitude of those who have lighted the flame within us." - Albert Schweitzer

The simple phrase quite masterfully sums up my recent experiences with your law firm. I cannot thank your staff enough for believing in me when just about everyone else did not, including myself.

On October 10th, 2005, I was arrested for suspicion of drunk driving. The incident itself was not too remarkable. I was cutoff resulting in a minor fender bender. I chose to pull off of the main street and then stupidly made the decision to ingest liquor. Subsequently, I was handcuffed and taken away only to sit in shackles while an overworked Public Defender with his mind on his lunch order filled out the guilty acceptance paperwork for me. Not once was I asked to recant the story. In fact, it was not until I demanded he read the report that I was even seen as having a chance to defend my actions.

....The insurmountable challenge seemed to be the criminal part of this melee. I felt great comfort knowing Jason Trumpler was choreographing the defense with R.C. representing me in court. Although the prosecution refused to concede, Mr. C. never waned and never conceded his defense that I was owed at least a reduced charge.

..[My worry and concern was exacerbated] by the unannounced departure of R right before trial. However, all was relieved when Jason Trumpler took over. Jason, thank you. He not only went above and beyond the call of duty in my case, he patiently and under no obligation spoke to Gloria [my significant other] and assuaged her doubts and fears, thus quite possibly saving my relationship.

There are no words to sufficiently describe my esteem for Jason. I went into day zero of this trial expecting a long two weeks. I walked out two hours later free of the charges that had been upgraded to include hit and run. Jason, with a refusal to concede anything demanded the only settlement he would accept would be one that exonerated me from the alcohol and hit and run. I accepted a dry reckless operation charge with gratitude.

Sincerely,

P.M.

Tuesday, April 3, 2007

Client Letter

Dear Jason:

I would like to take this opportunity to thank you and your staff for the superb representation and moral support I received during my case. Words alone do not express my gratitude to the expert handling of my DUI case by you.

As you already know, I was represented by your colleague D.D. for a prior DUI back in April of 1998. At that time, the Long Beach Police Department said that I refused to do any test. That was not true, I had told the officers at the arrest scene that I would not do a sobriety test; I was then arrested and taken to Long Beach Police Station for booking for a DUI. Please note that I never stated that I would not take one of their 3 tests. Mr. D was able to get the charges reduced to a "dry reckless." Also, he was able to get my license back. That was 8 years ago. I served 3 years probation and Mr. D was able to get my case expunged.

On October 15, 2006, I was arrested in my driveway, "about 9 feet outside my car" with a police officer pointing a gun at me in broad daylight telling me to get back into my car. I of course complied with his orders, lest I be another Rodney King and be shot. The rest you already know, and today I appeared in court for a motion that you had filed, not to mention 2 others that you had filed, and the DA decided that you would tear apart their case and dismissed mine.

I cannot express in words, that which you and your staff had done for me to get this dismissal. It was to me, an answer to prayer that helped you do this. For this, I thank you.

TJ

info@trumplerlaw.com

512-457-5200

CALL NOW FOR A FREE CONSULTATION!

Friday, March 30, 2007

Client Letter

Dear Mr. B:

We have never met, but I have been a client of your Newport Beach Office twice. Both times Jason E. Trumpler was my counsel. The first time my case was completely dismissed due Jason’s style, finesse, and expertise.

The second time, I was not so fortunate; I was convicted. However, the terms and conditions of my conviction were far better than I expected and far better than the DA planned on agreeing to. Jason was able to speak with the judge and reason on my behalf in a convincing manner.

The situation has caused much strain on my family. I plan on never needing your services again, I have learned my lesson. However, if someone I know is in a similar situation, I will send them straight to Jason, even if I have to drive them myself.

Thank you and your staff for the hard work done on my behalf.

Sincerely,

R.A.