If you are being charged with a crime in California, and you believe that a particular judge is biased against you, then ideally, the judge would take the initiative to recuse themselves from overseeing your case. However, if the judge does not self-remove from your case, it could be possible for you to file a 170.6 petition to have the judge named in your case unseated from that position. 

A California 170.6 petition is something that must be done right after a judge is named. It cannot be done after a judge is agreed to, and the petition can only be filed one time. This means that if the original judge is removed from your case through the filing of the 170.6 petition, then you will no longer have this option for the next judge who is named in place of that original official. 

Aside from filing a 170.6 challenge, you and your attorney may consider filing a Motion to Recuse. In this legal action, you can do so and be successful in unseating a judge by showing valid legal grounds that the judge has a conflict of interest. 

There is a lot to consider when working through the criminal justice system. Every detail must be assessed and, sometimes, addressed when mounting a strategic legal defense. Having the most tactical and experienced legal counsel representing you when you are facing criminal charges is essential. The Orange County, CA, criminal defense attorney at the Law Offices of William W. Bruzzo knows the system has a track record of successfully helping individuals charged with crimes get the best possible outcomes. If you need help with your criminal case, Attorney Bruzzo can assist you in securing the most desirable results.

When Judges Recuse

It is expected that a judge recuse themself from a particular case when they can look inward and realize their own bias or impartiality in being able to oversee a case fairly. However, simply because it is a judge’s duty to always act in a reasonable and fair manner, that does not mean it always happens. There are, in fact, many instances in history where biased judges unfairly presided over various criminal cases.

If a judge does not recognize their inability to be objective and even-handed in their assessment of a case, then it is possible that a Motion to Recuse can be filed. A judge may not be able to oversee a case fairly because of either ethical grounds or statutory grounds. 

It is important to understand that the ultimate decision for recusal based on presented grounds will be the judge’s. Therefore, if they do not agree that they should recuse themselves, they may stay on a case, and in some instances, their decision-making may be influenced by the Motion to Recuse. And, this may not necessarily be a good thing. 

Speak to a California Criminal Defense Attorney Today

Having the assistance of an attorney when facing criminal charges is essential. For help with your criminal case, please call our Orange County criminal defense lawyer at the Law Offices of William W. Bruzzo at (714) 547-4636 to schedule a free consultation.

If your misstep in life has led you to be arrested and charged with a crime, then it is imperative that you arm yourself with the protection of an attorney. A criminal defense attorney will be looking out for your best interests and may be able to help soften the blow of the repercussions that can come with criminal charges.

In California, our Orange County criminal defense attorney at the Law Offices of William W. Bruzzo can help you make the best out of a bad situation and assist you with your criminal case.

Why A Criminal Record is Harmful to Your Future

When a person is convicted of a crime, this alone can cause them to carry around the stigma of being a criminal regardless of whether they are convicted or not. Still, if charged with a crime, the best outcome is to have charges dropped or a case dismissed. When this does not happen, and a conviction results, it is not just fines, probation, or jail time that one has to be concerned about. There are several other widespread damages to one’s future that may be experienced. 

1. A criminal history can disqualify you from certain types of jobs, like government jobs that require a clearance, some teaching jobs, law enforcement, and more. In addition to jobs that may not consider a person with a criminal background, there are many other positions where a hiring manager may bypass a candidate simply because a background check shows past criminality.
2. A criminal history could make it very challenging to impossible to secure loans to go to school. Likewise, having a criminal past may also make it difficult to find schools that are willing to accept an applicant with a criminal background.
3. A criminal history could make it much more challenging to get the funding necessary to start a business.
4. A criminal history may prevent a person from finding and being approved for affordable housing.
5. A criminal record that precludes a person from having stable housing could mean that any existing child custody or visitation arrangements may also be negatively impacted.
6. A criminal record could directly impact the decision of a pending child custody case.
7. A criminal act resulting in intoxicated driving may lead to a license restriction or suspension.
8. A criminal history could limit your ability to own a firearm or completely eliminate it.
9. A criminal history could make punishments for any crimes committed in the future much harsher.
10. A criminal history could cause others to see you as untrustworthy and cause them to be less open to getting to know you.

Speak to an Orange County Criminal Defense Attorney Today

Several unintended consequences can come with a criminal history, which is why it is so important that if you are charged with a crime, you have a skilled attorney representing you who has the resources and experience to help you get a fair outcome.

For help with your case, please call our Orange County criminal defense lawyer at the Law Offices of William W. Bruzzo at (714) 547-4636 to schedule a free consultation.

Regardless of how your charges came about, without knowledgeable legal representation helping you with your charges, you are at significant risk of suffering severe punishments and consequences. William Bruzzo is a California criminal defense attorney who has close to three decades of experience practicing criminal defense law and helping aggrieved individuals get the most desirable and fair outcomes from their criminal cases. When faced with a California drug crime, you may contact Attorney Bruzzo for support and assistance. 

How An Attorney Can Help You with a Drug Charge

California has several different types of drug crimes, some more severe than others. Each drug crime also has its own penalties and repercussions. Of all the crimes, the most frequently charged are:

• Sale of drugs
• Possession of controlled substances
• Prescription drug fraud
• Manufacturing of drugs
• Possession of controlled substances with intent to sell

For example, possessing a controlled substance with the intent to sell is a felony violation under California HSC § 11351. Specifically, the possession and intent to sell certain types of drugs like heroin, cocaine, or oxycodone.

A conviction of possessing a controlled substance with the intent to sell in California can come with as many as four years in jail and fines as high as $20,000. But, with an attorney’s assistance, it could be possible to secure a significantly reduced sentence, including probation. It may even be possible to have the charges dropped.

Some of the most effective defenses to drug crime charges include:

• The defendant was a victim of entrapment.
• There is not enough evidence to prove the charges.
• The defendant’s Miranda Rights were violated when they were arrested.
• The defendant did not know, or there was no actual intent to sell the drug.
• Search and seizure rules were broken. 

An attorney will protect your interests when you are facing drug charges, including potentially even helping you get into a drug treatment program as an outcome of your charges when this route is an option. Attending a program can not only help to reduce your charges but can also assist you in potentially recovering from an addiction and regaining your health.

Speak to an Orange County Criminal Defense Attorney Today

Drug charges can be complicated and come with harsh penalties and expensive fines when a conviction occurs. It is essential to have the best defense when you are being charged with a drug crime in California. 

For help with your case, please call our Orange County criminal defense lawyer at the Law Offices of William W. Bruzzo at (714) 547-4636 to schedule a free consultation.

Even if you’ve been charged with what seems to be a minor crime, you could still face a criminal record, jail time, fines, and other negative consequences for years to come if you are convicted. Not all lawyers provide excellent legal representation. The following factors can help you decide whether a California criminal defense attorney is the right one to handle your criminal case.

1. Decide What Type of Orange County Criminal Defense Attorney You Need

The first step is determining the type of attorney you need to represent you. If you are facing federal charges, it’s crucial that you hire an attorney with experience in the federal court system. Similarly, if you’ve been charged under California law, you’ll need an attorney who is familiar with practicing in the court system through which you’ve been charged. 

Most attorneys focus on either criminal or civil law. In a criminal case, the state of California is bringing charges against you for violating the criminal code and committing a crime. It’s essential that you contact attorneys with experience in criminal defense.

2. Ask About the Attorney’s Experience

When you meet with an attorney, you should ask about their experience defending clients who’ve been charged with the same or similar crime in your case. Orange County attorneys focused on criminal defense are more likely to know how the California criminal court system operates. 

For example, if you’ve been charged with a drunk driving case, ask how many drunk driving cases the attorney has taken in the last five years and how successful they have been.

3. Ask About the Attorney’s Fee Structure

It’s also vital that you understand the attorney’s fee structure. If the attorney charges an hourly rate, ensure you clearly understand what that rate will be in your case. Ask the attorney how much time he or she will spend on your case versus how much time a paralegal or Legal Assistant will be spending on your case.

4. Determine What Qualities Are Important to You

After criminal charges have been levied, you’ll be spending a lot of time with your criminal defense attorney. It’s important that you communicate well with your attorney and feel like you can speak freely to your attorney. 

How will your attorney include you in the decision-making process, and what are their communication practices? You should also consider whether the attorney will engender trust and an effective working relationship with judges, prosecutors, and jurors.

5. Consider Whether the Attorney Offers a Free Case Evaluation 

There are many criminal defense attorneys in Orange County, and choosing the right one can seem overwhelming. Trusting your instincts when deciding on the right criminal defense attorney is important. This is your battle, and you’ll need the right attorney on your side. 

At Bruzzo Law, we understand that clients may interview multiple attorneys to decide on the best attorney for them. We offer potential clients a free case evaluation so they can get to know us, ask us questions, and learn more about our law firm without the financial obligation of paying legal fees. Contact Bruzzo Law today to schedule a no-obligation consultation with a Orange County, CA, criminal defense attorney.

Sgt Bowe Bergdahl could face court martial for the crime of Desertion for leaving his post in June 2009. At that time he was a private first class at Forward Operating Post Mest in eastern Afghanistan. Mest, a small base surrounded by Taliban fighters, had been established and maintained by the platoon he was in. The soldiers were going to be rotated out the next day and travel to another base to take a rest from their post. But by that morning Bergdahl had left the base, leaving his rifle behind. According to Maj. Gen. Kenneth Dahl who led an investigation as to what happened to Bergdahl, Sgt. Bergdahl left his post in order to reach another base. Bergdahl believed that his platoon was in danger because of questionable leadership. He was hoping to reach a bigger base and explain his concerns to a General. However Maj. Gen. Dahl’s investigation uncovered that there were no known problems or issues to deem the platoon in danger from improper command. It seems that Sgt. Bergdahl’s concerns were unfounded. The post had been successfully built and maintained by the platoon and was considered a success. Also there was no General at the Forward Operating Base Bergdahl was hoping to get to. As such, Bergdahl would not have found a General present in order to report his concerns. Perhaps surprisingly, prior to leaving his unit Bergdahl was a respected solider and most of those interviewed who knew him were flummoxed by his leaving his post in the manner he did.

The investigation conducted by Maj. Gen. Dahl revealed that Sgt. Bergdahl had been captured 12 hours into his departure from Mest. Bergdahl’s unit spent weeks searching for him, as they would for any missing soldier. Reports that soldiers had died trying to locate Bergdahl turned out to be false. And while they searched for him, he in turn tried to escape the Taliban. The investigation confirmed that he tried to escape at least 12 times. In one of those attempts he managed to escape for nine days before running out of food and water and being recaptured. In all Bergdahl spent 5-years as a prisoner to the Taliban; he suffered permanent injury to his legs and spine as a result of being a prisoner and is now physically unfit to serve.

Currently, his case is in military court before an Article 32 Officer which is the civilian equivalent of a probable cause hearing or preliminary hearing in California. The Article 32 Officer will determine if the Uniform Code of Military Justice (UCMJ) has been violated and if so he will recommend that the charges be forwarded to a Court-martial. While there seems little doubt that Bergdahl did violate the law by leaving without permission, it may also be determined that his 5 years in captivity having sustained permanent physical disability from that captivity, may be deemed sufficient punishment. At that time the Commanding General may permit Bergdahl to plead guilty to being Away Without Leave (AWOL) and discharge him immediately from the service; or the Commanding General can forego a court-martial altogether and administratively separate Bergdahl with an Other Then Honorable Discharge. He may also send Bergdahl to court-martial which could result in years in custody if he is found guilty. The Commanding General has complete discretion in how the matter proceeds.

After practicing criminal law for over 20 years I have built up an impressive number of successful results in hit and run cases [California Vehicle Code Section 20002(a)]. The following describes the manner in which I handle these cases and it is the way every lawyer should handle these cases although in fact few do.

Just so its clear: hit and run in California occurs when someone hits another vehicle OR some other property (guardrail, wall, curb) and causes damage no matter how little and then fails to report it to the party who owns the property OR report it to the CHP within 2 hours of the accident. (California Vehicle Code Section 20002(a))

The first thing anyone should do when they have committed a hit and run is contact a qualified lawyer. DO NOT speak to the police without speaking to a lawyer first. Although you may think its obvious you were responsible for the accident you have no way of knowing what the police know. DO NOT make their case for them by confessing.

Commonly, after a hit and run, the police will get the plate number from a witness and then go to the person’s house right away. If you are at home the police can arrest you but generally they will give a citation if the only damage is property damage. If they smell alcohol OR suspect drug use around the time of driving they can treat you like a drunk driving/driving under the influence suspect and ask you to perform field sobriety tests and even require you to give blood or breathe to assess you for intoxication and then decide whether or not to arrest you for Driving under the Influence (DUI). A chemical test taken within three hours of driving may be used as evidence against you in a Drunk Driving case. (Some hit and run drivers leave the scene because they are intoxicated.)

The police may also decline to track down the individual that night or be unable to locate them and so they might just send a letter to the individual’s address based on the plate number from a witness. DO NOT call the officer. Speak to a qualified lawyer first. Please note that if you decline to have a lawyer call the police they might issue a warrant for you.

Once the police have made contact in person or by letter the lawyer should speak to the police and try to settle the matter PRIOR to the case getting sent to the District Attorney’s office. (The police are responsible for the investigation but it is the District Attorney who takes the investigation and files charges with the court).

California permits suspects in some property crimes to resolve their cases through a process called Civil Compromise under Penal Code Sections 1377-1378. This provision allows money to be paid to the victim to compensate them for their loss and the case dismissed. While the law specifically says that the judge and the victim must be in agreement for this to occur, in practice, the police investigating the matter can resolve the case in the manner of a civil compromise with the result that the police investigation is never sent to the District Attorney and the matter is simply closed without input from a judge. Attorney Will Bruzzo has managed to convince many police officers and victims of these crimes to agree to a civil compromise resolution. This is the ideal result because not only is there no court appearance but there are no charges filed. This is as clean a result one can achieve for a client in this situation.

If the victim or the police officer is not interested in civil compromise (strictly speaking if there is bodily injury to an individual then civil compromise is not appropriate but in practice hit and run cases with bodily injury can still be resolved with civil compromise.) then the case will proceed to the District Attorney’s office. It is good practice to also attempt to resolve the matter with the District Attorney prior to them filing; certainly no harm is done in trying. If the victim agrees to the civil compromise and signs an agreement to that effect or has verbally agreed, then the District Attorney can accept that arrangement and not file the case.

If all those attempts at civil compromise fail, then ultimately the Attorney can propose a civil compromise to the Judge. I have had cases where the District Attorney objected to the civil compromise but the victim wanted to resolve the matter in that way and the Judge went along and dismissed the case.

In summation, it is important to get a qualified attorney involved quickly in the process and try to resolve the case as early as possible. The three stages which provide an opportunity for resolution are: (1) during the police investigation; (2) when the matter is with the District Attorney but not filed; and (3) in court.

Attorney William W. Bruzzo has built up a practice of successfully resolving many hit and run cases [California Vehicle Code Section 20002(a)] without the client ever entering a plea of guilty or even going to court on some occasions, despite the fact the client clearly violated the law.