Defending Criminal Cases From Misdemeanors to Serious Felonies in San Diego County
Is your future at risk? Do you find yourself in a bad situation and need help? Hiring a criminal defense attorney is something most people never think they’ll have to experience in their lifetimes. But, I’m here for you, ready to fight for your rights. The first step is the hardest to take. Call me to find out how to start heading in the right direction.
I have been practicing law for over 20 years and successfully resolved cases involving everything from attempted murder to petty theft. I use my experience, intelligence, and dedication to achieve the best possible result for every one of my clients, no matter where they stand. It is the direction you are going that matters most.
Throughout my career, I have defended clients charged with everything from attempted murder to petty theft. There is one thing that is the same in every case: I understand this is the most significant thing impacting your life. Regardless of the charges against you, I will give your case the attention it deserves. I provide Intelligence, Experience, Dedication, and Results. Here are just some of the cases we handle:
While visiting San Diego from the East Coast, an unfortunate incident occurred involving my child. Never having dealt with any type of criminal process before, we were somewhat hysterical and had no idea what to do or where to turn. I made a frantic call to Mark Greany, who returned my call early the next day. He explained the process, gave us advice as to how to proceed, and left us feeling that we had an advocate, all as an initial consultation without charge. We are hopeful that the incident is behind us, and that further legal representation won’t be necessary. However, if that doesn’t turn out to be the case, my child will definitely be calling Mark. Thank you so much for putting this mom at ease during an especially difficult time – it is much appreciated!
CASE DISMISSED WITH NO CRIMINAL RECORD
Mr. Greany was able to get my case dismissed so that I have no criminal record. He was also very helpful throughout the process and kept me informed about how the case was progressing, all the way up to the dismissal!
EXPLAINED THE LAW SUCCINCTLY & CLEARLY
Upon the urging of an attorney friend, we hired Mark Greany to represent our teenager; proved to be an exemplary choice. Mark explained the law and likely progression of the case succinctly and clearly, and provided unequivocal recommendations. He answered our many questions fully, with patience and compassion. When court date came, he was there early to dialogue with the police and provide us with the necessary guidance and reassurance. His presentation in court was so solid: calm, articulate, focused, professional. All charges dismissed. Our family feels fortunate to have met Mark Greany. We are very appreciative of his expertise and would recommend him very highly and without reservation.
HELPED GUIDE ME THROUGH A DIFFICULT PROCESS
I retained Mark to help guide me through a difficult process. He provided invaluable assistance and advice. Thoughtful and professional, Mark found the answer to my problem.
CARED ABOUT ME FROM THE BEGINNING
I was hit with a bunch of false accusations resulting in a misdemeanor in a domestic case and a restraining order. I had no idea what to do and what to expect. Mark Greany sat down with me the day after I contacted him first and gave me a free consultation. He was very understating of the whole situation and was straightforward with me. He advised me to get an attorney for my case even if it wasn’t him. I am very glad that I took his advice and also very glad that I chose Mark. Luckily my domestic case was rejected by the DA (called the defendant on her bs), and Mark was with me at both hearings of the order to make sure I keep my record clean, which was all I cared about, and I’m glad that he shared that with me since the beginning.
Oct 3, 2021 | By Mark Greany | Read Time: 2minutes
DUI convictions can result in serious criminal penalties. A DUI conviction can continue to inflict additional consequences even after you’ve served your time and paid the necessary fees. For instance, having a DUI conviction on your record can lead to an increase in your insurance rates, inability to secure certain jobs, and denials of housing applications. Therefore, California law allows you to get your DUI “dismissed” and wiped off of your criminal record after the completion of your sentence. If you need to get a DUI conviction off your record, contact the Law Office of Mark Greany today for a free consultation. Who Qualifies to Have Their DUI Dismissed? Individuals with a misdemeanor DUI conviction can petition to get the DUI dismissed after completing his or her probation sentence. Individuals with felony DUI convictions can also petition to have their DUI charge dismissed after completion of probation, as long as the person either: – Did not serve time in state prison for the conviction; or – The state prison sentence you served was before California’s realignment law took effect — and had you been sentenced post-realignment, you would have served your sentence in a county jail or “local prison.” If this is true, your state prison time is disregarded (for dismissal purposes) and you are eligible for dismissal, just as if you’d never served state prison time. If your petition is granted, the court replaces your plea of guilty or no contest with a not guilty plea. If you received a guilty verdict, the court replaces the guilty verdict with the dismissal. Then, the court dismisses your case. While the process seems simple enough, California does not require courts to grant DUI dismissals, even if the party petitioning for the dismissal satisfies all of the requirements. The court holds complete discretion over whether or not to grant the petition for dismissal. If you’re not sure whether you qualify to have your DUI conviction dismissed, a qualified DUI dismissal attorney can help you find the answer. Does My DUI Conviction Disappear After Dismissal? No, obtaining a dismissal does not completely remove the DUI from your permanent record. Rather, it replaces your previous DUI conviction with a DUI dismissal. For practical purposes, that means that some people can still find out about your DUI charge, but in other situations, you can freely state that you don’t have any prior criminal convictions. Even if you get your DUI conviction dismissed, it can still be used against you in some situations, such as: – Obtaining a state or local license; – Legally owning a firearm; – Reinstating a suspended license; and – When pursuing public office. Additionally, your dismissed DUI charge counts as a prior conviction if the state convicts you of another criminal violation in the future. Need Help with a DUI Dismissal in San Diego? At the Law Office of Mark Greany, we understand that a DUI conviction can seriously hamper the daily lives of our clients. By obtaining a dismissal, you can open up a whole world of new opportunities. Attorney Mark Greany has extensive experience obtaining DUI dismissals for his clients. If you’re ready to get your DUI conviction off your record, contact the Law Office of Mark Greany today.
Sep 3, 2021 | By Mark Greany | Read Time: 3minutes
After police arrest you for an underage DUI, it’s easy to lose hope. After all, the police pulled you over and gave you a breath or blood test, which showed you were under the influence—so what’s the point of fighting it? However, DUI cases are not that simple, and there may be several defenses that apply to your case. At the Law Office of Mark Greany, our San Diego DUI defense attorney has decades of experience coming up with creative solutions to these challenging cases. Often, we can resolve a case without our client losing their license or having to endure a jury trial. Elements of an Underage DUI in California Unlike adults who can legally drive a car after having a drink or two, minors cannot have any amount of alcohol in their system while driving. While it is not a criminal offense to drive if you have a blood-alcohol content of less than .05%, a violation of California’s zero-tolerance law will result in an automatic license suspension of at least a year. The more serious underage DUI cases involve situations where your blood-alcohol content is .05% or more, especially if it is .08% or more. In these cases, the government will bring criminal charges against you. Depending on your age, you could face serious consequences that may even include jail time. To prove you guilty of an underage DUI, California prosecutors must meet the following elements: – You were under 21 years old at the time of the offense; – You were driving; and – Your blood-alcohol content was .05% or greater. In most cases, the government uses chemical test results to prove you were under the influence of alcohol. However, the law allows prosecutors to secure a conviction without test results if they can convince the judge or jury that you consumed alcohol and your blood-alcohol content was .05% or greater. Defenses to California Underage DUIs When police arrest you for an underage DUI, there are several defenses you may be able to rely on which may prevent the prosecution from proving its case against you. These defenses include the assertion that: – You were not driving at the time; – You were not under the influence of drugs or alcohol; – You were not underage; – There were errors in the blood or breath test; – Your breath sample was contaminated due to the presence of residual mouth alcohol; – Police officers conducted an illegal traffic stop; and – Police officers failed to advise you of your rights before asking you to submit to a chemical test. Every case is unique, so it is essential to speak with a San Diego DUI defense attorney to determine which of the above defenses might apply in your case. In addition, you may qualify for a San Diego DUI program. If you complete the program, the charges against you will be withdrawn. Are You Facing an Underage DUI in California? If police arrested you for a DUI offense, there is a lot on the line. A conviction not only jeopardizes your license but can also make it harder to get a job or get into school. At the Law Office of Mark Greany, we understand what’s at stake in underage DUI cases. Therefore, we do everything we can to get our clients out from underneath the charge with as little impact on their lives as possible. To learn more and schedule a free consultation with our San Diego DUI defense lawyer, call 858-531-6387. You can also reach us through our online contact form.
Aug 3, 2021 | By Mark Greany | Read Time: 3minutes
The DUI Statute of Limitations in California Could Prove to Be a Winning Defense DUI cases are tough on people. They cause a tremendous amount of stress and anxiety. Additionally, DUI cases can land someone in jail and without a driver’s license for extended periods of time. If you find yourself under suspicion for DUI, then you need to contact a San Diego DUI lawyer fast. Fortunately, you can rely on my experience representing hundreds of clients facing DUI charges in San Diego and the surrounding area. Not only do I use my extensive experience to give my clients a chance to beat their DUI cases, but I also analyze their cases from both a legal and scientific standpoint. This approach gives my clients the best shot possible to win their case, keep their license, and stay out of jail. What Is the Statute of Limitations for DUI in California? The statute of limitations is a law that prevents you from facing criminal charges well after the alleged crime took place. According to 802(a) of the California Penal Code, all criminal prosecutions for misdemeanors must commence within one year. However, the prosecution must bring felony charges within three years of the alleged crime, in most cases. The law refers to DUI cases as “wobblers” because they could be charged as either a misdemeanor or felony. For example, first, second, and third offense DUIs are misdemeanors. That means the prosecution must bring charges within one year. The judge would very likely dismiss a case if the alleged crime occurred more than a year prior to charges being filed. DUI charges can also be felony offenses. A fourth offense DUI within the last 10 years is a felony. Additionally, DUI causing death or serious bodily injury is also a felony. Moreover, a DUI charge that includes child endangerment can be a felony if you have prior convictions for the same offense. Remember that California prosecutors can use any out-of-state DUI convictions against you. Thus, you could face felony charges if you have out-of-state DUI convictions even though you have only one DUI charge in California. When Does the Statute of Limitations in California Stop Running? The one-year statute of limitations is not a hard and fast rule. The clock stops running if you left California for any reason during the limitations period. Your presence outside of California “tolls” the statute of limitations. The clock resumes when you return to the state. Similarly, the statute of limitations tolls if the police issue a warrant for your arrest provided that the police requested the warrant during the limitations time. Why Is There a DUI Statute of Limitations in California? Statutes of limitations help ensure the accused receives due process. Some cases, especially complex cases such as fatal car accidents, need more time for the police to investigate. However, the police cannot sit around and do nothing. The statute of limitations makes sure that the charges are brought as promptly as possible. That way, the accused has a chance to find and interview witnesses, review the crime scene, and review evidence. Without a statute of limitations forcing their hands, the police could sit on an investigation for years. Doing that would seriously hurt the accused’s chances of locating favorable evidence. When Can You Raise the Statute of Limitations for DUI in California as a Defense? The statute of limitations is a law that prevents you from facing criminal charges well after the alleged crime took place. However, you could raise the statute of limitations defense if you do not get notice of charges pending within one year. Call me, San Diego criminal defense attorney Mark Greany, today at 858-531-6387 to find out I can use my extensive knowledge of California DUI law to help you. I will argue that your case must be dismissed because the statute of limitations ran if the facts support the argument. If not, I will thoroughly review your case to find the best defenses possible.