PRACTICE AREAS

If you or a loved one are being charged with a crime it is essential to immediately retain an experienced attorney to minimize or avoid any negative consequences of such a charge. I will aggressively fight to protect your freedom, reputation and career. I have a long line of successful cases and am always looking out for the best interests of my clients. Don’t settle for a guilty plea which can lead to job loss, a criminal record and jail time.

Here are some of the areas in which I can help you:

DRUNK DRIVING

WHAT WILL HAPPEN IF YOU ARE CONVICTED OF DUI?

DUI First Offense Within 10 Years:

• 48 Hours to 6 months of jail time
• 10 Month License Suspension with the possibility of
• Restricted Drivers License for limited driving to work and school only
• $2,000-$3,000 Fine plus Court Fees
• Mandatory 3-6 month Alcohol and Drug Treatment Program
• Probation for 3-5 years during which you can consume absolutely no alcohol before driving

DUI Second Offense Within 10 Years:

• 96 hours to one year of Jail Time
• 18 Month License Suspension with the possibility of a Restricted Drivers License after one year of suspension
• $1800-$2800 Fine plus Court Fees
• Mandatory 18 month Alcohol and Drug Treatment Program
• Probation for 3-5 years during which you can consume absolutely no alcohol
• Interlock device

Jail time, length of license suspension and the length of the treatment program continue to increase with further convictions.

AN ATTORNEY COULD SAVE YOU FROM A CONVICTION!

Once a driver is released from jail, that individual has only 10 days from the date of arrest, including weekends and holidays, to request a DMV hearing or risk having his or her license suspended automatically. Protect your rights, immediately contact the DMV or call my office to assist you in securing a DMV hearing!

It is possible to succeed both in court and at the DMV hearing but these processes are extremely complex. The cost of losing is high as shown above. A conviction is not automatic. It is possible to fight and win a drunk driving case with the help of an experienced legal counsel.

As your attorney, I can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, negotiate for a lesser charge or reduced sentence, obtain expert witnesses for trial, contest the administrative license suspension and generally help you maximize your chances of avoiding a conviction.

I have defended hundreds of DUI cases to positive results!

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DOMESTIC VIOLENCE

WHAT WILL HAPPEN TO ME IF CONVICTED OF DOMESTIC VIOLENCE?

Misdemeanors (typically no injury or minor injuries with no prior record):

• Jail Time (0 to 6 months County Jail)
• Counseling (52-week program)
• 40 hours of Community Service or Physical Labor (Work alternative)
• Various Fines
• Stay-Away Order from the victim, including moving out from residence
• "No Harm, No Strike" Order for couples

Felonies (severe cuts, broken bones or a history of violence):

• Jail Time (3 months in County Jail to 3 years in State Prison)
• Counseling (52-week program)
• 40 hours of Community Service or Physical Labor (Work alternative)
• Various Fines
• Stay-Away Order from the victim, including moving out from residence
• "No Harm, No Strike" Order for couples

WHAT SHOULD I DO NOW THAT I AM BEING CHARGED?

The law regarding domestic violence is complex and highly specialized. It is important to contact me immediately. I have ample experience with defending clients against domestic violence charges. I can help you avoid the charges completely, reduce the consequences to counseling and/or probation and generally ensure that you will receive the minimum consequence necessary.

WHAT IF THE VICTIM WANTS TO DROP CHARGES?

Criminal charges are a crime against the people. Only the Prosecutor can drop the charges. The alleged victim is merely a witness to crime.

WHAT DO I DO ABOUT THIS RESTRAINING ORDER?

Read the order carefully to see what conduct is prohibited. Do not contact/communicate with the Protected Person in any fashion, even if that person initiates contact/communication with you. Violation of the order could lead to arrest or criminal prosecution. Contact me immediately upon receiving notice of the order to ensure compliance and to take all steps to reduce or remove the order.

LET PETER DUARTE HELP YOU!

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DRUG CASES

WHAT WILL HAPPEN TO ME IF CONVICTED OF DRUG CHARGES?

Federal and state sentencing guidelines have many levels of punishment depending on the circumstances. Drug charges can be a misdemeanor or felony. You can be charged in many ways for circumstances involving controlled substances.

• Possession
• Possession with intent to sell
• Distribution
• Cultivation
• Transportation
• Manufacturing
• Trafficking
• Furnishing controlled substances to another

The punishments for a conviction vary widely.

• Jail or Prison Time
• Fines
• Drug treatment program
• Seizure of Assets (including houses and cars)
• Loss of Drivers License
• Registering as a Narcotics Offender
• Increased Sentencing for distributing to those under 21, near a school or causing persons under 18 to violate drug laws

WHAT SHOULD I DO IF I AM BEING CHARGED FOR A DRUG OFFENSE?

Call me immediately.

There is a large amount of alternative sentencing programs available to drug offenders. Frequently there are constitutional issues regarding search and seizure that can render evidence against you inadmissible. The criminal justice system is complex and highly technical. I have successfully reduced the charges and sentences of hundreds of clients. Many of them avoided jail and prison time entirely.

You could be facing time in prison and loss of your property.

Do not jeopardize your future. Call me and let me help you. I will navigate the legal maze for you and ensure that you do not make costly mistakes that cost you your freedom and your property.

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SEX CRIMES

HOW CAN I BE CHARGED WITH A SEX CRIME?

There are a multitude of ways to be charged including:

• Possession of obscene matter or child pornography
• Statutory rape (Consensual sexual intercourse with a minor)
• Indecent exposure
• Prostitution and Solicitation
• Rape (intercourse without valid consent or because of a threat)
• Child molestation
• Sexual battery (forcible sexual activity other than intercourse)
• Lewd acts in a public place

WHAT CAN HAPPEN TO ME IF I AM CONVICTED?

A sex crime conviction can have an extremely detrimental impact on your life. You may be required to register as a sex offender for life.

Other consequences include:

• Jail or prison time
• Possible ‘Strike’ towards the 3 strikes law
• Loss of child custody and visitation rights
• Embarrassment and enormous damage to your reputation
• Fines
• Mandatory counseling
• Restrictions where you may reside and live (away from schools and parks)

Contact me immediately.

Time is of the essence with regard to these charges. I have a wealth of success and experience with these cases. Early investigation on your behalf and intervention with law enforcement is crucial to an aggressive defense. Do not let your life permanently change for the worse. Defending these cases is specialized and complex. Allow me to negotiate with the district attorney, challenge the evidence and witnesses, and make all available legal arguments in your favor.

Do not take chances with your life and your family.

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WHITE COLLAR CRIMES

HOW CAN I BE CHARGED WITH WHITE COLLAR CRIME?

White collar crime covers a broad spectrum of charges. Generally it is non violent crimes at the workplace. These include:

• Embezzlement
• Theft
• Credit card fraud
• Internet fraud
• Bribery
• Insurance fraud
• Identity theft
• Check fraud, forgery
• Money laundering
• Computer crime
• Tax crimes
• Extortion
• Perjury (lying under oath)

WHAT CAN HAPPEN TO ME IF I AM CONVICTED?

Fines and restitution can be enormous because there is usually substantial amounts of money involved. Depending on whether you are charged with a misdemeanor or felony you can also incur:

• Jail or prison time
• Probation or parole
• Loss of professional licenses
• Restitution to victim

WHAT SHOULD I DO IF I AM BEING CHARGED?

Contact me immediately.

Generally these cases have extensive records and large amounts of evidence. It is extremely important to call me if you even suspect you are being investigated. I have dealt with a large number of these cases and frequently a solution can be worked out that involves no criminal charges at all.

Even if a charge is unavoidable it is important to get our attorney involved as early as possible to ensure privileged evidence is not surrendered and any legal avenues are not waived accidentally.

Do not take risks with your life, your liberty and your family.

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THEFT CRIMES

HOW CAN I BE CHARGED WITH A THEFT CRIME?

There are many types of theft crimes:

• Robbery
• Residential or commercial burglary
• Petty theft or shoplifting (less than $400)
• Grand theft ($400 or more)
• Auto theft
• Fraud
• Embezzlement
• Identity theft
• Forgery
• Obtaining property by false pretenses
• Receipt of stolen property

WHAT ARE THE CONSEQUENCES TO ME IF CONVICTED?

Sentencing for theft crimes has a wide range of punishments:

• Possible ‘Strike’ towards the 3 strikes law
• Jail or prison time
• Fines and restitution (paying back the victim)
• Crime of moral turpitude which can cost you your job or ability to find work
• Possible grounds for losing a professional license
• Probation or parole
• Mandatory counseling

WHAT SHOULD I DO IF I AM BEING CHARGED?

Contact me immediately.

I have handled hundreds of these cases to positive results. I can potentially have the charge dismissed entirely. I will ensure that every opportunity is taken to reduce charges to a misdemeanor. Evidence and witnesses in the case will be investigated and challenged appropriately. The law involved is complex and highly specialized. An experienced criminal defense attorney, such as myself, will minimize any impact this will have on your life.

Do not take chances with your liberty, your life or your family. Time is of the essence.

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EXPUNGEMENTS

WHAT IS AN EXPUNGEMENT?

It is a legal process whereby criminal convictions are cleared from your record. Many people seek to have prior convictions removed because such tarnishes on their record are creating barriers in their personal and professional life. Prior convictions can make it difficult to get a job, obtain housing, get educational funding and be licensed for various purposes.

An expungement can provide many solutions:

• Ability to deny a Misdemeanor ever happened
• Recover lost rights due to a Felony Conviction
• Seal Arrest Records that never resulted in a Conviction
• Seal and/or Destroy Juvenile Criminal Convictions
• Obtain a Certificate of Rehabilitation
• Obtain a Pardon
• Pass Background Checks
• End Sex Offender Registration
• Early Termination of Probation

The process for a misdemeanor expungement takes about a month from the filing date. The process for a felony is about two months. Juvenile records take up to two months as well.

I am well versed in the expungements procedures and have represented many clients to a clean slate and fresh start on life.

Call me and we can discuss options for your future that opens doors you never thought could be opened.

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VIOLATION OF PROBATION

WHAT HAPPENS IF I VIOLATE MY PROBATION?

If you have violated your probation, you may suffer the following consequences:

• Extension of probationary period
• Amendment of probation terms
• Possible prison or jail time
• Revocation of probation and reinstatement of your original sentence
• Reinstatement of probation with same or different terms
• Community service
• Physical Labor (work alternative)
• Treatment program
• Rehabilitation
• Counseling
• Inability to later expunge record

WHAT SHOULD I DO IF CHARGED WITH VIOLATING MY PROBATION?

Effective legal representation in probation proceedings may dramatically influence the judge's decision, reduce prison time, and even avoid jail time. When facing probation violation charges, it is critical to speak with a criminal defense attorney experienced in such matters. I have that experience and it has been a successful track record. I will examine all aspects of your probation violation and look for any potential charge reductions and alternative sentence options.

There is usually a compelling reason for why a person has failed to comply with probation. I can skillfully defend you at probation violation hearings by preparing a strategy which explains and corroborates the compelling reason for your noncompliance with probation while also challenging any evidence against you.

WHAT IS THE DIFFERENCE BETWEEN PAROLE AND PROBATION?

Probation differs from Parole in that probation follows a county jail sentence, whereas parole follows a state prison sentence. Probation may also be granted when jail time is not part of the defendant’s sentence. You should call me if you face probation or parole violation hearings.

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ASSAULT AND BATTERY

WHAT IS ASSAULT AND BATTERY?

An assault and battery is committed when one person attempts to or does physically strike another person, or acts in a threatening manner which puts them in fear of immediate harm. Injury is not required.

WHAT WILL HAPPEN IF I AM CONVICTED OF ASSAULT AND BATTERY?

A conviction can be filed as a misdemeanor or felony. A felony is usually charged in cases involving deadly weapons or serious injury and will result in far harsher penalties. The consequences are generally:

• State prison or County jail time
• Fines
• Probation
• Difficulty finding or keeping a Job
• Possible Strike counting towards the “3 Strikes” for 25 years to life in prison
• Restraining Orders
• Harsher Punishments if it involves Domestic Violence, Firearms or Gang affiliations

WHAT SHOULD I DO IF I AM BEING CHARGED?

Contact me immediately.

I have years of experience handling hundreds of these cases. I will find every avenue to avoid the charges or minimize the charge and the punishment. There are many defenses including consent, crime prevention and defense of others/property/yourself. Defending these cases is extremely technical and specialized.

It is possible to have the charges dropped and avoid imprisonment. Even if a conviction is unavoidable I can ensure that you will have the minimum sentence necessary.

Do not take chances with your future.

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JUVENILE LAW

WHAT HAPPENS WHEN A MINOR COMMITS A CRIME?

There are a number of significant differences when a minor is charged with a crime rather than an adult. These include:

• Maximum age to be tried as a minor is generally 17
• Not entitled to a jury trial except in rare instances
• Can be prosecuted for the same crimes as adults and some additional laws that apply only to minors
• Crimes committed as a minor can count towards the “3 Strikes” law
• Certain violent crimes can be tried as adults
• Informal probation possibility (charges will be dismissed after probation period)
• Parents can be held liable for monetary losses
• No right to bail except in rare instances
• Detention hearing to determine if minor should be held in jail or released to custody of the minor’s family
• Court records can be sealed generally
• Held in a juvenile detention facility rather than the regular jail
• Juvenile probation camps
• California Youth Authority (prison for minors) is the worst possible result. Your child would be mixed in with violent gang members, sex offenders and repeat offenders.

WHAT SHOULD I DO IF MY CHILD IS BEING CHARGED OR HAS BEEN ARRESTED?

It is extremely important not to take chances with your child’s future. I have handled hundreds of these cases and most of the time charges are avoided entirely. You need an experienced criminal defense attorney, well versed in juvenile law, who has argued successfully in front of the juvenile court judge on numerous occasions. That attorney is Peter Duarte.

Give your child every opportunity to avoid charges and minimize the risks of incurring the worst possible outcome.

Call immediately.

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VIOLENT CRIMES

WHAT ARE THE CONSEQUNCES OF BEING CONVICTED OF A VIOLENT CRIME?

The punishments vary with the severity of the crime but can include:

• Up to LIFE imprisonment
• Fines
• Offender registration for LIFE
• Loss of right to own a weapon
• Mandatory counseling and/or anger management
• Probation or parole
• Possible Strike towards the “3 Strikes” law
• Restrictions on where you can live and work
• Prevention from obtaining professional licenses or obtaining work
• Death sentence

WHAT DO I DO IF I AM BEING CHARGED WITH A VIOLENT CRIME?

Call me immediately.

Your liberty and life are on the line. You need someone with extensive trial experience who can stand up for your rights and ensure you get the minimal sentence possible.

Frequently I can negotiate with the district attorney to reduce charges. I know every alternative sentencing guideline for which you will be eligible. This area is complex and extremely specialized. I have handled hundreds of cases like yours and have all the experience you need.

Murder, homicide, manslaughter, assault with a deadly weapon, kidnapping, firearms violations, robbery, carjacking, arson, gang crimes, hate crimes and terrorism are just a small portion of the list of violent crimes. I am well versed in all of them.

Do not take chances. Every moment you run the risk of making an admission that will be used against you or wasting precious time to investigate facts that could set you free. Time is of the essence. Call me.

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Serving Sonoma, Napa,
Marin, Solano, Mendocino
and Lake Counties.