Kaye David T Law Office

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Mon - Fri:	8:00 am - 7:00 pm
Sat - Sun:	9:00 am - 6:00 pm

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A Alcohol & Drug Attorney

Kay, David

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Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys, Traffic Law Attorneys

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Phone: (760) 431-0255

Address: 5751 Palmer Way, Carlsbad, CA 92010

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Kaye David T Law Office

Criminal Defense
Citizens are called upon by the government to act as jurors in criminal matters. They appear at the courthouse for jury duty after receiving some sort of jury summons. Jurors appear at the courthouse and are identified, assembled, processed by a jury commissioner, or other courthouse official, and sent off to an awaiting courtroom for service.
DUI/DWI
Mr. Kaye also was trial counsel for the Law Offices of Eugene Ellis for nearly a decade. Eugene Ellis is the founder of one of top DUI defense firms in San Diego and works under the trade name Mr. DUI.
Traffic Violations
Likewise, there are times when a criminal defense attorney somehow makes it to the bench and suffers from bias. But fear not! The presiding judge, the judge who assigns judges to particular courtrooms, will swiftly reassign them to civil trials or speeding ticket cases after a few whispers in chambers and complaints from the prosecutors or law enforcement.
Burglary
Both parties also have the right to challenge a judge for actual bias and prejudice. If the case involves the burglary of a store, and the judge’s wife owns the store, then everyone can agree, without a formal hearing, that the judge should not hear the case. But if you want to hold an evidentiary hearing to argue that the judge is a former veteran prosecutor, and is biased against all criminal defendants, in all criminal cases... good luck.
Misdemeanors
I have a trial story to illustrate the point. Many years ago I had a client who was charged with a misdemeanor hit and run in Los Angeles, California. Let’s call him Pablo Escobar for fun because his name turns out to be important to the story. Pablo and his immediate family were sitting around their proverbial crib one Saturday night drinking up a storm and chillaxin. Apparently they were ill-prepared for the booze festival and began runnin low on gin and juice. So Pablo’s brother, Hector Escobar, took Pablo’s wheels, with or without Pablo’s permission, to buy some liquid supplies. Well it turns out, unbeknownst to Hector, that alcohol interferes with the ability to drive a vehicle - who knew? So Hector T-boned another vehicle on the way to the liquor store. Hector, being an honorable man did what any other civic minded person would do, he ran like hell from the scene into the night. Well, the next morning Hector decided to confess to the crime and decided to take responsibility for the accident. Just kidding! The brothers went to the police station to report the car as stolen the night before. The cops were already upset because they knew the vehicle was in an accident the night before and also they knew the real driver was standing before them trying to report it stolen. Despite the pressure from the sergeant and a few threats about filing a false report, the cops were forced to accept the stolen car report. Incidentally, there was no sign of a broken ignition so apparently the well-prepared auto thief had a key.
Drug Crimes
Imagine that a citizen retains a defense attorney after being arrested for possession of drugs - for the third time. The role of the defense attorney is not to immediately assert that the drugs were planted by crooked cops out to frame an innocent man. The defense attorney will typically follow a systematic process for establishing the facts and resolving the matter. As a formality, the defense attorney would appear in court with his client and would enter a plea of not guilty to the charges. People seem confused by this, but it makes no sense to plead guilty at this point until it can be ascertained if the prosecution has sufficient evidence to establish guilt.
Probation Violation
Once the case is resolved and the sentence is imposed, the matter would now be considered a prior in any subsequent criminal matter. So six months later when the defendant is released from jail, he is arrested again for selling drugs. Actually, the defendant would probably be released in about three months due to jail overcrowding and early release programs but why confuse the story. Anyway, the first arrest is now considered a prior criminal conviction for sentencing considerations by the judge. In addition, because the second arrest occurred within the five years of probation, it will be considered a probation violation if proved.
Prostitution
Jury nullification might occur in a marijuana use case or a prostitution case. The prosecutor proves the marijuana use, or the prostitution. The judge instructs on the law making it illegal to use marijuana or to engage in sexual acts for money. But the jurors return a verdict of not guilty because they do not personally believe marijuana use or prostitution should be illegal, and that the government should not be involved in criminal prosecutions for those crimes, due to the belief that these are victimless crimes. In fact, these two crimes present such difficulty for prosecutors that prospective jurors are often asked about their feelings regarding these crimes, prior to being selected as jurors to hear these types of cases.
Hit and Run
The jury convicted Pablo in just a few hours and the judge put him in jail for ninety days. Hector was the driver of the hit and run vehicle. Should I have appealed? No. The judge was a pleasant, fair, and evenhanded judge who didn’t make one legal ruling against me that could possibly form the basis of any appeal. The fact that the jury believed the victim cannot be the basis of any appeal since there was evidence (her identification) that Pablo was the driver. Think about what can happen in a jury trial when a judge intervenes, takes sides, and tries to steer the verdict.

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