Legal Services and Specialties
Felonies — Crimes that are punishable by incarceration in a state penitentiary. These are crimes that are punishable by over one year in custody. They usually start at 16 months and can go as high as life without possibility of parole and include death penalty cases.
Misdemeanors — All crimes that are punishable by incarceration in the county jail up to one year.
Traffic Offenses — This includes misdemeanors, infractions and some felonies. Infractions such as traffic citations are punishable by fines. Traffic offenses such as driving under the influence, hit and run, and so forth are punishable up to a year in county jail. Drunk driving or hit and run with bodily injury as well as repeated driving under the influence offenses can be punishable by incarceration in the state penitentiary if filed as felonies.
All State & Federal Courts — Our office is experienced in litigation in all California state courts and federal courts. Mr. Knecht is a board certified criminal specialist. He became certified upon inception of that concept in the 1970s when legal certification was first enacted. He was established as a certified specialist under the grandfather clause of the state law.
Mr. Knecht’s Specialties:
Cash & Property Forfeitures Hearings — In some cases, mostly drug cases, cash and property are confiscated and held for the IRS or franchise tax board. A criminal defendant is usually served with a document known as an Asset Forfeiture. The defendant has a certain amount of time to respond. If there is no response, the cash or property is forfeited to the state or federal government. If the defendant does respond, he or she has the burden to show in a separate civil proceeding that the cash or property was not the proceeds of illegal gains, such as the sale of narcotics. Our office conducts these types of hearings.
DMV Hearings — Administrative sanctions beyond sanctions imposed by the criminal justice system can be imposed by the Department of Motor Vehicles. The Department of Motor Vehicles works on a point count basis. Convictions of most traffic infractions are one point count. Convictions of certain traffic infractions such as Driving Under the Influence, Hit and Run, Exhibitions, Reckless Driving, etc., are counted as two points. You are allowed only a certain number of points per year. If you go beyond that point count, you will be sent notification that your license will be suspended for a certain amount of time. You are, however, entitled to a hearing, which, under certain circumstances, can prevent a suspension. Our office also specializes in the preservation of your driving privilege through representation at these hearings.
Bail Reduction Hearings — Bail reductions are necessary in order to not only save money for the client but to also help the client gain his or her freedom pending the outcome of the case, which may take months and even years. Bail reduction motions are one of the first things necessary to calendar if the client is in custody. Bail can be posted in cash, wherein the depositor would post the cash required. Since most people do not have large sums of cash available for this type of problem, there is the second option, the posting of a bail bond. This office works in cooperation with bail bond agencies to arrange for these types of bonds. They require a 10% premium for their fee and some kind of collateral, usually real estate, for the amount of the bond. Hypothetically, if the bond were $100,000, the premium would be $10,000. The bail bond agency also requires collateral. Collateral can take many forms. Although, it is usually real estate, it can also be automobiles, bank accounts, stock certificates, etc. The later would continue to accrue interest but be held by the bail bond agency for the $100,000 the company has posted. All this collateral will be returned when the case is completed and the bond exonerated.
Penal Code 1275 Hearings — Under certain circumstances, usually narcotics and drug cases, the district attorney can file a motion to the court called a 1275 PC motion. This would require the bail depositor (the defendant, family or friends) to show that the money deposited for premium and collateral is not tainted, meaning it is not the proceeds of a crime, i.e. drug sales, thefts, etc. These hearings are usually informally held in the office of the district attorney. If the district attorney is not satisfied, a court hearing known as a 1275 hearing is conducted. In this office, it is the job of our office to establish that the proceeds are not the proceeds of a crime but honestly earned.
Probation violations — If one is on probation already, there are certain terms and conditions that must be complied with. These are called the conditions of probation. There are virtually hundreds of things that can be imposed upon a defendant as a condition of probation, depending upon the crime he or she was convicted of. One of the most common violations of probation is the arrest for a subsequent crime while on probation. The district attorney’s office has the option of filing the new case for criminal prosecution and advising the court that imposed the probation of the violation, which in effect means the defendant has two problems. Or, the district attorney can elect not to file the new case, in the interest of judicial economy, but merely notify the court that imposed the probation of the violation, and that court would set a probation violation hearing. These hearings are very critical because one is not entitled to a jury trial, and the court does not use the reasonable doubt rule. If the court feels by a preponderance of the evidence that the defendant is in violation of probation, the defendant can be violated, and at that point, depending upon the seriousness of the violation, the judge has many options. If the violation is serious, the defendant can be immediately sentenced to a specified period of time in custody, which means the defendant can not only be sentenced to a year in the county jail if it is a felony, but he or she can also be sent to the state penitentiary for a specific period of years. If it is not a serious violation, the defendant can be violated by the judge and sentenced up to one year in the county jail and/or be given additional conditions of probation and his or her probation can be extended. If the violation is merely technical, the judge has the option to violate the defendant’s probation and reinstate it without sanctions.
3 Strikes Allegations — A Romero Motion is a motion made by our office to strike a strike. California is known as a 3 Strike state, which means that the conviction of any past serious felony that is alleged in the complaint will make a defendant ineligible for probation, which means a mandatory prison sentence. In the case of one strike, the sentence is doubled. For instance, if you have a prior serious felony and you pick up a new case for forgery, grand theft, credit card fraud, etc., the court can double the base term, which means, if the crime is punishable by 16 months, two or three years in a state prison. In other words, if the judge imposes the lowest term of 16 months, it would automatically be doubled to 32 months.
Modifications of Probation — Once an individual is placed on probation, the terms and conditions for probation must be complied with. There are virtually hundreds of potential probationary conditions, depending upon the type of crime the probationer has committed. Crimes of violence usually require terms such as no weapons, no contact with victim/s or witnesses as well as staying away from people and places related to the crime. White collar crimes involving the theft of money may require the conditions of probation restricting the use of checks, money and credit cards or employment that would put the individual in unsupervised contact with the aforementioned. Crimes involving drugs, driving under the influence, etc. all have particular restrictions, depending upon the nature of the crime. Many times there are unforeseen circumstances that arise in the probationer’s life that would call for a modification in the terms of probation that would be in the benefit of the probationer and not offend the interest of justice. Many times, for instance, for employment purposes, or other legitimate reasons, the probationer may wish to leave the county, state or even the country. After a period of time, having fulfilled most of the necessary conditions of probation such as payment of fines, restitution and completion of drug and alcohol counseling, the probationer my wish to petition the court, after a certain amount of time, to retrieve some of the rights taken from him/her, such as permission to have credit cards or drive an automobile to and from work. This office regularly petitions the courts for probation modifications when necessary in the interest of the probationer.
Sentencing Modification Hearings — The court upon sentencing a criminal defendant will mete out a sentence that is considered appropriate at the time. A defendant can be sentenced to probation and as a condition of probation s/he can receive up to one year in the county jail or the defendant can be sentenced to the state penitentiary for a determinant amount of years described by law. If the defendant is sentenced to probation and his/her exposure is up to one year in the county jail, the judge retains the power to modify the sentence. The defendant can request our office to file a motion to modify the sentence, bring it back to court and ask the judge for good cause in the interest of justice to modify the sentence, which means change it. If the defendant is in custody, the court in certain circumstances can be asked that the defendant, having served a percentage of his/her time in custody already, get his/her sentence modified so the remainder of the sentence can be served in a drug rehab center, work furlough program or house arrest program. If the defendant is not in custody, has special needs and has filled a percentage of his/her probation successfully, the judge has the power to lift certain restrictions that were formerly imposed. If the defendant was sentenced to the state penitentiary, there are certain sections of the penal code that, if requested, the judge can if s/he wishes, and it is in the interest of justice, retain jurisdiction for up to 180 days to recall this defendant from prison to modify his/her sentence. This office always asks whenever possible for the judge to retain jurisdiction so that even if the defendant is sentenced on a state level there is a possibility of a recall. Many times when it is a close question as to whether or not a defendant should be sentenced to prison and the judge is leaning towards prison, there are certain sections of the penal code that allow for diagnostic studies at the prison. The defendant is usually examined by psychologists, sociologists, social workers, and prison personnel and reports are sent back to the court after 3 or 4 months. If the majority opinion is that the defendant is not yet state penitentiary material, s/he can be recalled and sentenced to probation with or without time in the county jail, which would save the defendant years of his/her life. This office, whenever possible, exercises every option in favor of the defendant’s freedom at the earliest possible time.
Expungement Hearings — All misdemeanors and certain felonies are expungeable. There are, however, certain felonies that are not expungeable and will always remain felonies. In a misdemeanor case, at the conclusion of the probationary period, or under certain circumstances, when half of the probationary period has ended, the defendant may petition the court to withdraw his/her plea of guilty or no contest or, if there was a conviction, to withdraw the conviction and allow the defendant to enter a plea of not guilty and ask that the case be dismissed. This is known as an expungement. The penal code indicates that if a criminal misdemeanor conviction has been expunged that the defendant never suffer any of the penalties and disabilities that that conviction has imposed on him/her. In the future, if asked, the defendant can honestly state that he stands unconvicted. As stated above, there are certain felonies that are reducible to misdemeanors and therefore can be expunged. This can be done at completion of the probationary period or at half time if all of the conditions have been fulfilled. These types of felonies, sometimes known as “wobblers,” are crimes such as grand theft, receiving stolen property, forgery, various types of fraud, and so forth. It is always advisable to request an expungement at the earliest possible time so that probation will end, and if there are any problems in the future, there will be no probation violation. Our office sends out reminders at half time that reductions to misdemeanors and expungements can be requested at half time. This office usually prepares declarations as to sound logical reasons for early termination and conducts such hearings at the earliest time possible.
Administrative Hearings — These hearings are quasi-criminal in nature, similar to DMV hearings. When someone is licensed by the state in their profession, they can be sanctioned for misconduct or incompetence. There are times when these administrative hearings occur after criminal conviction and times without any relation to the criminal justice system. Professions such as the practice of medicine, cosmetology, real estate, etc. are subject to these hearings. Hearings that come to the attention of the state administrative board as the result of criminal convictions are usually referred to the state board for further sanctions in their respective fields. These additional sanctions can include total revocation of one’s license to practice in the field of choice. The individual can be placed on probation and as a condition of probation he or she can be suspended for a period of time—months or years—with further conditions that must be lived up to before reinstatement, such as restitution to victims, going to approved alcohol and/or drug rehabilitation, taking psychiatric and professional examinations for competence, approved schooling, seminars, ethics classes, etc. Or, they can be placed on probation without suspension and required to comply with probationary terms. The cases that do not originate in the criminal justice system have similar sanctions. Although one is not entitled to a jury trial in administrative hearings, every bit as much trial preparation for these hearings is essential, as many times we are dealing with expert witnesses and detailed investigation by the office of the attorney general. Unlike the DA’s office, these prosecutors take far fewer cases and are specially assigned. Our office is experienced and qualified in handling these hearings.
Proposition 36, Deferred Entry of Judgment & Drug Court — These are three tools and avenues to approach drug addiction related crime. Proposition 36 took effect on July 1, 2001, after 61% of California voters passed the initiative in the November 2000 election. It is also known as the Substance Abuse & Crime Prevention Act, diverting low-level non-violent drug offenders convicted solely of possession for personal use into community-based treatment instead of incarceration. This program even includes ex-convicts. There are certain requirements that still exclude some people based upon their last prior commitment. Case law as recent as January 2002 gives judges the discretion to allow community treatment, even if one has recently been released from prison, in the interest of justice. The public is making the courts aware that they are tired of the revolving door prison system where hundreds of criminal defendants are really being warehoused and released back into the community to offend again because of their addiction. Obviously, some courts and prosecutors have a different opinion as to this philosophy and sometimes take advantage of defense lawyers who are not up to date on the rules of Prop 36, as they are constantly emerging, and push for incarceration rather than rehabilitation. This office is constantly up to date on the new rules of law that are emerging in this area as well as the policies of the district attorney’s office and is well-equipped to fight for your right to community-based rehabilitation.
Under certain circumstances, criminal defendants that are convicted of possession of drugs and drug related conduct are eligible for Deferred Entry of Judgment (DEJ). DEJ requires the defendant to enter a plea of guilty or no contest, but the entry of judgment is deferred for a period of time, usually 18 months, at which time the defendant must comply with drug rehabilitation programs and probationary conditions. If the defendant fails this program, since he or she has already been convicted, he or she faces criminal sanctions that could include incarceration. If, however, he or she does fail this program, he or she may be eligible for Prop 36 as a last resort. This office takes advantage of all such options to keep those who are so unfortunate as to become addicted out of incarceration and into community-based rehab.
Drug Court is another method of handling simple drug offenders. With Drug Court, like Prop 36 and DEJ, each criminal defendant, after pleading guilty, is evaluated to determine the severity of the problem and the best possible approach for treatment. Some problems are so serious the defendant is held in custody until properly placed in rehab. There is a rehab section of the county jail that they are transferred to for a period of time prior to being placed in a community-based program and eventually an outpatient program. Some defendants go directly to outpatient facilities if their dependencies aren’t as great. This office tries to place each individual in the appropriate program depending upon his or her needs. Mr. Knecht has been a Deputy District Attorney, Deputy Sheriff, and has taught search and seizure at the sheriff’s academy. He has also qualified as a narcotics expert by the Los Angeles Superior Court.
