San Mateo and Santa Clara Counties
Being arrested is a terrifying experience. It is essential that you do not waste any time in hiring an experienced criminal defense attorney; one who will meet with you confidentially and provide you with reassuring, professional legal services of the highest caliber.
The first few days after an arrest are particularly crucial for interviewing witnesses and gathering other evidence that can support your case. Presenting this supporting information to law enforcement personnel and prosecutors can lessen or even prevent the charges from ever being filed. Unfortunately, the window of opportunity to do this is extremely short so you must act quickly. Read more about when you should call a criminal defense attorney.
At the Law Offices of Thomas Greenberg we will always be available for you; we will listen carefully to your side of the case; we will act quickly and decisively on your behalf; and we will energetically fight for as long and as hard as necessary to attain the best possible outcome.
Experienced Criminal Defense Attorney
Criminal defense attorney Thomas Greenberg is a native of California and a graduate of the University of California at Berkeley. He was formerly a highly respected deputy public defender and is now an experienced San Mateo County criminal defense attorney who has provided effective legal services to literally thousands of clients. This experience has provided attorney Thomas Greenberg with a thorough understanding of how prosecutors think, how they prepare their evidence for trial and, therefore, how he can best protect your rights. Criminal defense attorney Thomas Greenberg has earned a reputation as one of the toughest and hardest hitting defense lawyers in California. He has defended criminal cases for professional athletes, police officers, and even criminal defense lawyers.
Attorney Thomas Greenberg handles all misdemeanor and felony cases, including: DUI, DMV hearings, battery, assault, theft, fraud, drug offenses, possession and possession for sale, domestic violence, probation violations, vandalism, juvenile cases, sex crimes, warrants, expungements, and bail. Attorney Thomas Greenberg offers these legal services in the counties of San Mateo, Santa Clara, Alameda, and San Francisco. Criminal defense attorney Thomas Greenberg believes in aggressive, passionate, no nonsense criminal defense. He is well prepared to handle your defense, whether it be a firsttime DUI or a “three strikes” case; from arraignment through jury trial.
The Process and Consequences of an Arrest
If you are arrested for DUI or drunk driving or any other criminal offenses in San Mateo, Santa Clara, Alameda, or San Francisco County, your life may be affected severely. A criminal charge or conviction can become a personal tragedy. It can negatively impact your family, your job, and even your future career opportunities. In many cases, you could also face the loss of your freedom. It is essential that you choose an experienced criminal defense lawyer who is dedicated to win your case and avoid these consequences. Dealing with the court and prosecutors is intimidating and something that you should never do without the best legal counsel.
Attorney Thomas Greenberg is prepared and ready to fight for your rights. As your attorney, San Mateo defense lawyer Thomas Greenberg will handle everything from police interviews, infractions, and misdemeanors to felonies, and he will energetically represent your interests from arraignment through jury trial. San Mateo criminal defense lawyer Thomas Greenberg will also handle all your pre-arrest / bail and appellate issues. San Mateo criminal defense attorney Thomas Greenberg, at the Law Offices of Thomas Greenberg, will work tirelessly to defend you against any criminal accusations, including: DUI, DMV hearings, battery, assault, theft, fraud, drug offenses, possession and possession for sale, domestic violence, probation violations, vandalism, juvenile cases, sex crimes, warrants, expungements, and bail.
Personal Representation
There is nothing more stressful than worrying about who is going to represent you. Criminal Defense Attorney Thomas Greenberg will personally meet with you and handle all aspects of your case. Whether your case involves a DUI, DMV hearing, battery, assault, theft, fraud, drug offenses, possession and possession for sale, domestic violence, probation violations, vandalism, juvenile violations, sex crimes, warrants, expungements, or bail, San Mateo criminal defense lawyer Thomas Greenberg is ready to expertly work to protect you. He will strive to bring your case to the best possible outcome.
In many situations, it may be possible to prevent charges from even being filed. Criminal defense lawyer Thomas Greenberg has been successful in contacting the district attorney or prosecutor’s office before charges are filed, providing them with evidence to show his client was innocent, or that criminal charges were not warranted. The district attorney’s decision regarding what charges, if any, to file can change based upon having this more informed view of the case. San Mateo criminal defense attorney Thomas Greenberg has been successful in getting district attorneys to actually reject the filing of a case before the accused ever went to court. The result in such instances: no criminal liability for the client of Attorney Thomas Greenberg.
DUI & DMV Matters
If you are arrested on suspicion of DUI or drunk driving, you have only ten (10) days to contact the DMV. San Mateo criminal defense lawyer Thomas Greenberg can contact the DMV on your behalf regarding your DUI or drunk driving DMV hearing. You will need the best attorney to represent vigorously your interests, both in court and at the DMV. San Mateo criminal attorney Thomas Greenberg is experienced with DUI cases. He will represent and protect you in your DUI court case and at your DMV hearing in San Mateo County, Alameda County, Santa Clara County, or San Francisco County.
If you have been arrested for DUI / drunk driving or any criminal offenses in San Mateo, Santa Clara, Alameda or San Francisco counties, time is not on your side. You need to act quickly and enlist the best criminal defense lawyer to represent you. The dedication, effort, and experience of attorney Thomas Greenberg could protect your rights and even preserve your freedom.
The Court Process
DUI cases involve administrative, civil and criminal law. Administrative law applies to the DMV hearing process in determining whether or not accused people will keep their privilege to drive. Civil law applies both to the driving privileges of the accused and any restitution or damage claims in DUI cases. Criminal law applies, because a DUI is a criminal charge that can result either in a fine, probation, or imprisonment, among other penalties. There are three levels of criminal cases: infractions, misdemeanors, and felonies. An infraction is a charge that is punishable by a fine only. A misdemeanor is a charge punishable by a fine or imprisonment of up to one year in county jail. A felony is a charge that is generally punishable by a fine, or imprisonment of more than one year in state prison.
DMV Hearings
DMV hearings almost always must be set up within ten (10) days of your arrest. In some cases, an experienced lawyer may be able to obtain a hearing even if the ten (10) day period has elapsed. You will need an attorney familiar with administrative law to be successful at a DMV or administrative per se hearing. The DMV hearing officer acts both as the prosecutor and the judge in determining whether or not to suspend your privilege to drive. Public defenders DO NOT handle DMV hearings. During most DMV hearings, the DMV hearing officer will determine: a) whether the officer had probable cause to detain you on suspicion of driving under the influence, b) whether or not you were lawfully arrested, and c) whether or not you were driving with greater than .08% blood alcohol.
DUI Complexity
DUI cases are much more complex than most other types of criminal cases. DUIs involve administrative, civil, and criminal aspects. There are also special rules and hearings that are unique to DUI cases. DUI attorney Thomas Greenberg has extensive experience handling DUI cases from arraignment through trial. Among the types of cases DUI lawyer Thomas Greenberg handles are driving under the influence Vehicle Code Section 23152(a),(b); driving under the influence with injury Vehicle Code section 23152(a),(b); under 21 driving the influence; hit and run Vehicle Code 20002; and vehicular manslaughter.
Assault & Battery
Assault & battery are considered violent crimes in California. Battery is the unlawful use of force upon another. Even the slightest touching can be considered a battery. Assault is generally considered an attempted battery. Many felony assault & battery cases are considered “strikes” under California’s “three strikes” law. These charges are very serious and can be used to increase punishment in future cases. Among the different types of assault & battery cases attorney Thomas Greenberg handles successfully are:
Penal Code 240 – simple assault
Penal Code 242 – simple battery
Penal Code 245 – assault with a deadly weapon
Penal Code 422 – criminal threats
Many battery accusations are actually the result of self-defense on the part of the accused. If there is evidence that another party was to blame in the confrontation or that the contact was accidental, you may have a right to have your case dismissed. If you have been accused or charged with assault or battery in San Mateo, Santa Clara, Alameda, or San Francisco counties, you will need the help of an experienced attorney who is familiar with assault & battery cases. San Mateo criminal defense attorney Thomas Greenberg can provide the experience you need to protect your best interests.
Theft & Fraud
Theft is generally considered the unlawful taking of the property of another. Theft cases can be difficult for prosecutors to prove when all they have is circumstantial evidence. Neighbors and roommates often accuse others of unlawfully taking something that was merely misplaced or lost. In misdemeanor crimes, defendants may be eligible for a civil compromise or for their case to be dismissed if the alleged victim agrees.
A theft conviction can make obtaining employment extremely difficult. Many employers now require background checks before a person is hired. Theft is also considered a crime of moral turpitude and can result in denial of professional licenses, such as those for doctors, lawyers, accountants, nurses, or contractors. If you have a professional license, you will need the best available lawyer to try to avoid conviction so as not to lose your livelihood. If you are not a United States Citizen, a theft conviction may also make you ineligible for citizenship and can result in your deportation. San Mateo criminal defense attorney Thomas Greenberg handles the following types of theft cases:
Penal Code 211 – robbery
Penal Code 459 – burglary
Penal Code 484 – petty theft
Penal Code 487 – grand theft
Penal Code 666 – petty theft with a prior
Theft crimes are often priorable. This means that if you have been previously convicted of a theft crime, the prior crime may be used to enhance the penalties for any future theft crime. If you have been accused or charged with a theft case in San Mateo, Santa Clara, Alameda, or San Francisco counties, you will need the help of an experienced theft attorney who is familiar with these types of cases. San Mateo criminal defense attorney Thomas Greenberg can preserve your freedom and protect your rights if you have been accused of a theft crime.
Drug Cases; Possession & Sales
California has some of the nation’s most severe drug laws. Programs like DARE and the Foundation for a Drug Free World have lead to an increase in awareness and a resulting increase in punishment for drug offenses over the last thirty (30) years in California. If you are accused of a drug crime, the punishment can range from a lengthy prison sentence to no jail time at all, depending on the circumstances of your case and the defense attorney representing you. In many drug cases, the punishment is disproportionate to the offense. If you have been charged with being under the influence; possession; manufacturing; or sales of prescription pills, marijuana, ecstasy, methamphetamine, heroine, or any other illegal substance then you may be facing serious time in jail or prison. To protect your freedom you must have a lawyer who is highly familiar with all aspects of California law and who represents criminal defendants in drug cases with expertise. Some of the typical cases we handle are:
Penal Code 4060 – possession of prescription pills without a prescription
Health & Safety Code 11350 – possession of cocaine or other controlled
substance
Health & Safety Code 11351 – possession of cocaine for sale
Health & Safety Code 11357 – possession of marijuana
Health & Safety Code 11364 – possession of illegal drug paraphernalia
Health & Safety Code 11377 – possession of methamphetamine or controlled
substance
Health & Safety Code 11378 – possession of methamphetamine or controlled
substance for sale
Health & Safety Code 11379 – transportation of methamphetamine or other
controlled substance
Health & Safety Code 11550 – under the influence of a controlled substance
Vehicle Code 23222 — Possession of marijuana in a vehicle
Under the Fourth Amendment of the United States Constitution, if your arrest or detention was the result of an illegal search, you may be entitled to have your case dismissed. The district attorney has the burden to prove that the arresting officer’s conduct was lawful. You are innocent unless proven otherwise. Drug possession attorney Thomas Greenberg has had many drug cases dismissed due to his discovery of unlawful police conduct. If this is your first, non-violent offense, California law provides for drug court or diversion. This is an opportunity for you to have your case dismissed and your record cleared. If you successfully complete one of these programs, the court will actually dismiss your case. However, only simple drug possession cases, under the influence, and a few others are permitted the alternative of a drug diversion or drug rehabilitation program. By law, sales and transportation cases are not eligible for these programs. Prosecutors are aware of these laws and will often bring sales or transportation charges for which the accused is not program eligible. Hiring an experienced attorney can mean the difference between serving time in prison and having your case dismissed. An attorney may be able to negotiate to have the more serious charges dropped in order to allow the person to enroll in a program and ultimately have their case dismissed. San Mateo criminal defense attorney Thomas Greenberg has handled literally thousands of drug cases with great success. If you have been arrested for possession, sales, transportation, manufacturing, transportation for sale, money laundering, or drug trafficking, criminal defense attorney Thomas Greenberg is prepared to help.
Domestic Violence
California has severe consequences for crimes of domestic violence. Being charged with a crime of domestic violence can have devastating family consequences. Domestic violence can be considered any crime of violence in which a close relationship, such as a cohabitant, spouse, or even a roommate is involved. A conviction for domestic violence can require 52 weeks of domestic violence classes, 20 hours of community service, restraining orders, parenting classes, restitution, counseling, child custody issues, probation, and even time in jail or prison. Some of the typical domestic violence charges are:
Penal Code 243(e) – battery
Penal Code 245 – assault with a deadly weapon
Penal Code 273(a) – child neglect
Penal Code 273.5 – corporal injury
Penal Code 422 – criminal threats
Penal Code 591 – tampering with a phone line
Penal Code 594 – vandalism
Domestic violence frequently involves a “he said, she said” argument. Therefore, when no other witnesses are involved, police officers have to decide which person to believe. In many cases, police will assume that the male involved is the primary aggressor, even when the physical evidence demonstrates that the female of the couple is more likely to blame. At other times police officers may bring all parties to jail because they are encouraged, by law, to arrest anyone involved in a domestic violence incident, even where they cannot determine the initial aggressor. Thus, domestic violence incidents often result in innocent people being accused. If you have been accused or charged with a domestic violence case in San Mateo, Santa Clara, Alameda, or San Francisco counties, you will need the help of an experienced domestic violence attorney who is familiar with these types of cases. San Mateo criminal defense attorney Thomas Greenberg can provide the legal help you need to fight your domestic violence case effectively.
Probation Violations
Probation means the suspension of imposition or execution of sentence. If a crime carries a maximum of one year in jail, a judge may have discretion to sentence a person to probation instead of one-year in jail. Probation may be either supervised or unsupervised. Standard terms of probation include that a person “obey all laws.” A probation violation can occur whenever a person breaks any probation term. People who violate probation may be sentenced upon their violation. Before being sentenced, probation violators are entitled to a hearing in front of a judge to determine whether or not they are in violation of their terms of probation. Those accused of a violation are not entitled to have a jury trial to determine whether there was a violation. Probation officers are usually not lawyers and can make mistakes. Judges have a wide range of discretion in probation violation matters.
If you are on probation and are facing a probation violation, the Law Offices of Thomas Greenberg can help. San Mateo criminal defense lawyer Thomas Greenberg has handled thousands of probation violations. In many cases, you may be able to avoid a violation of probation, avoid jail, or even prison by having the kind of competent legal counsel that is provided by attorney Thomas Greenberg
Juvenile Crimes
If your child has been accused or charged with a crime, you should seek the advice of a lawyer familiar with the California juvenile system. When someone under the age of 18 has been arrested, they will normally be brought to juvenile court. These are courts designed to adjudicate juvenile matters and help to meet the special needs of minors being charged with a crime. Juvenile courts are considered civil, not criminal in nature. If the minor is over the age of 14, the prosecutor may have the discretion to charge the minor as an adult.
Minors are not entitled to have their case determined by a jury of their peers. A judge will be assigned to determine whether a minor has violated the law. The burden of proof in juvenile cases is the same as in those of adults: “beyond a reasonable doubt.” Minors must be brought to court within 48 hours after an arrest and be advised of the criminal charges being brought against them. Following their court appearance, the judge will determine whether to release the minor to their parents or to detain the minor in juvenile hall or somewhere else. Minors have the right to have an attorney at all critical stages of the proceedings. A minor receives most of the same Constitutional protections as an adult.
If your child has addiction issues, acts out, or has truancy problems, they will need help to learn responsibility and better judgment. The juvenile court system is not necessarily the best place for a minor to learn from their mistakes. Although juvenile courts have broader discretion than adult courts in providing counseling, education, and rehabilitation, minors can often learn bad behavior from other minors while detained at juvenile hall. Contrary to common belief, juvenile records are not automatically erased at the age of 18. Teenagers end up in trouble for a variety of reasons. In many cases, the problems teenagers face may be better resolved through counseling and educational programs designed to deal with the unique problems of juvenile offenders.
It is absolutely critical that minors have the representation of an experienced criminal defense attorney. Criminal defense attorney Thomas Greenberg has extensive experience with juvenile matters. He will do everything possible to protect your child’s rights in court. If your child is facing delinquency issues involving: truancy, underage drinking or drug use, fighting, vandalism, theft, trespass, curfew violations, or any other criminal offense, criminal defense attorney Thomas Greenberg will provide compassionate and effective legal counsel.
Sex Crimes
No other crime carries the severe social stigma of being labeled a sex offender. A conviction of a sex crime can mean lifelong registration on the sex offender registry, the destruction of marriages and families, the loss of a professional license, residency restrictions, and the loss of even closest friends. A conviction can also bring unwanted attention from neighbors, the media, and the unremitting invasion of one’s privacy. Despite these severe consequences, it is often the case that charges are be filed due to misunderstandings, because of jealousy, or even “just by mistake.”
As serious as sex crimes are, it does not mean that they are not defensible. False accusations, misunderstandings, and faulty memories are all too common in the criminal justice system, especially when alleged sex crimes are involved. The Law Offices of Thomas Greenberg have a team of psychologists, forensic scientists, and toxicologists available to contradict false accusations. The sooner we are involved, the sooner we will be able to minimize the adverse implications and negative effects that sex crime accusations can bring into one’s life. If you have been arrested for a sex crime, San Mateo criminal defense attorney Thomas Greenberg can be your best and most supportive counsel.
Warrants
A warrant is a court order allowing the government to take action against a criminal defendant. A bench warrant is a warrant issued from the bench. A bench warrant is issued routinely when a criminal defendant fails to appear in court, fails to pay a fine, or is being held in contempt. In many cases, a person forgets to show up in court for a traffic ticket such as rolling through a stop sign and the judge issues a bench warrant for that person’s arrest. In some cases, a district attorney may issue a notice to appear in court. If the notice to appear in court is not received due to a change in address or is lost in the mail, the judge will issue a warrant.
An arrest warrant is a written order directing law enforcement to arrest a person charged with a crime and bring the accused before the court. The warrant is issued by a judge or magistrate, after forms have been submitted by law enforcement personnel detailing that a crime has been committed. When issuing an arrest warrant, the judge must set bail in all cases where the crime is bailable. Arrest warrants for felony cases may be served any time, whereas arrest warrants for misdemeanor cases must be made between 6:00 a.m. and 10:00 p.m., with a few exceptions. After an arrest warrant has been served, a defendant must be brought to court within 48 hours, excluding holidays and Sundays.
If an error has been made in issuing an arrest warrant, it may be the basis for a suppression motion. Arrest warrants require a showing of probable cause. Probable cause means facts detailed that would lead a reasonable person to believe the person to be arrested is guilty of a crime. If there is a violation of the Fourth Amendment, a case may be dismissed or evidence may be excluded if the suppression motion is granted. If an warrant has been issued for your arrest, you may have a limited amount of time to resolve the warrant before you are arrested. Criminal defense attorney Thomas Greenberg has extensive experience dealing with arrest warrants. He will be able to help you resolve your arrest warrant and may even be able to get your case dismissed.
Expungements
If you have successfully completed probation or have been discharged from probation early, it is possible to petition the court to set aside a guilty verdict or permit withdrawal of a no contest plea and dismiss the case. If no probation was ordered, there may be a one-year waiting period prior to requesting that your case be expunged. Not all cases may be expunged and certain exceptions apply. If you are interested in having your conviction expunged and would like to find out more information about how an expungement could help you, call criminal defense attorney Thomas Greenberg for a free consultation.
Penal Code 1203.4 – Expungement
Probation Modification and Early Termination of Probation
A court has the power to modify probation conditions at any time before the term of probation ends. In many cases, when a defendant in a criminal case has already served a year or more on probation, it may be possible to terminate probation early. Probation modifications are usually available to those who have remained crime free and followed all of the original probation orders made by the court. The court may also allow probation modifications even in situations where the probation department will not agree. In some cases, probation officers have created unreasonable and unnecessary or unrealistic requirements, such as where a person can live, with whom they can associate, or where they can work. Probation officers have been given an enormous amount of power and responsibility and are often unwilling to listen to reasonable requests. If you are interested in having your probation modified or terminated, criminal defense attorney Thomas Greenberg can help.
Bail & O.R. (own recognizance) Release
Bail allows a defendant to be released from custody with security posted for the appearance of the defendant. Often, a bondsman will act as a surety for the release of the defendant in exchange for a percentage of the cost of the bail set. Many bail bondsmen will offer a reduced fee to defendants who are represented by a private attorney. Bail is a matter of right under the California Constitution unless the offense is punishable by death or a public safety exception is established. The public safety exception usually applies to certain felonies and sex crimes. Before a defendant appears in court, bail may be posted according to the county’s bail schedule, although judges have the discretion to set any reasonable amount of bail. The California Constitution grants judges the discretion to release defendants on their own recognizance. Defendants charged only with a misdemeanor are entitled to release on their own recognizance, unless it will compromise public safety or it is determined that, if released, the defendant is likely to not appear in court again. Defendants in criminal cases who are represented by an attorney will often benefit when their attorney has “bail reduction” or “own recognizance” experience. San Mateo criminal defense attorney has successfully reduced bail or secured own recognizance (OR) releases on thousands of cases. Before hiring the services of a bail bondsman, call criminal defense attorney Thomas Greenberg. You may be able to save hundreds or even thousands of dollars by setting up a free consultation with criminal defense attorney Thomas Greenberg.