Criminal Defense
Driving Under the Influence (DUI)
If you are arrested for driving under the influence, it is important that you contact a local attorney immediately. You must request a hearing with the California DMV within ten (10) days or you will lose your right to contest the suspension of your license. If your DUI arrest occurs in Humboldt County, the hearing will take place at the local Eureka DMV office. We are located five minutes away from the Eureka DMV and have successfully represented multiple persons in preserving their licenses by attending the DMV hearings in person.
Issues that the DMV will decide are the following: (1) Did the officer have a justifiable reason to stop you; (2) Did the officer have probable cause to arrest you; and (3) Was your blood alcohol level .08% or above at the time you were driving. In order to defend you at the DMV hearing, we will employ expert toxicologists that can evaluate your blood alcohol level at the time you were driving as opposed to the time when the officer administered a breath or blood test. The DMV hearing officer will apply civil evidence rules at the hearing and it is important that your attorney knows what evidence is admissible and how to present that evidence. Janssen Malloy LLP practices both civil and criminal law and our lawyers have the expertise to navigate both the civil and criminal phases of your DUI case.
Misdemeanor Cases
Misdemeanors include Driving Under the Influence, Domestic Violence, Petty Theft, Assault, Battery, and Possession of Controlled Substance cases. Most misdemeanor cases involve the potential of a fine, a jail sentence of up to six months or one year, and informal probation. In addition, the collateral consequences of a misdemeanor conviction can include lengthy educational classes, lifelong registration requirements, loss of firearm rights for ten years or in some instances, life, restitution payments to the alleged victim, and the requirement that you disclose the conviction on employment applications. As Humboldt County Criminal Defense Attorneys, we can help you evaluate your options and assist you in protecting your rights and your future. Janssen Malloy LLP takes misdemeanor cases seriously, and will provide you with a vigorous defense that takes into consideration the potential effects of a conviction. If you are arrested for a misdemeanor, please contact us immediately so that we can assist.
Felony Cases
Felony cases include, among other crimes, Driving Under the Influence with Injury, Domestic Violence, Burglary, and certain Marijuana Cultivation crimes. If you are accused of committing a felony, you are facing a potential prison sentence, plus all the possible collateral consequences of a misdemeanor. It is important that you hire an experienced felony criminal defense trial attorney who is familiar with the intricacies of felony sentencing law. Please consult with a Janssen Malloy LLP Humboldt County Criminal Defense Attorney immediately if you or a loved one has been arrested for a felony offense so that we can provide you with the level of experience necessary to protect your rights and liberty
Expungements
Upon successful completion of probation or at such other time as the court deems just, you can move to have your record expunged. This is an important step in clearing your name and moving forward with your life after a criminal conviction. If you have a Humboldt County criminal conviction and have questions regarding whether you qualify for a criminal expungement, please contact us for a free consultation.
Warning
Although Humboldt County is fortunate to have many skilled criminal defense attorneys, please be careful if you are considering hiring a lawyer simply based upon a listing in the local phone book or an appealing website. Many advertisements in the our local phonebooks belong to clearinghouse firms that simply hire random attorneys by contract to show up to court and oftentimes charge you thousands of dollars just to accept whatever plea bargain the District Attorney’s Office offers. Hiring a criminal defense attorney may be one of the most important decisions you make. Call the firm you are considering and ask the location of the person answering the telephone. Learn the name of the attorney that will be representing you and research that attorney's qualifications and credentials. Look to neutral websites such as AVVO.com, which rate lawyers based on objective criteria or, better yet, ask friends or family members about a criminal defense attorney’s or firm’s reputation in this community.
If you or a loved one is in the unfortunate situation of facing criminal charges and need an experienced team of attorneys to defend you, we would appreciate the opportunity to assist you. Please contact us immediately so that we can assist.