Unparalleled Experience

Over three decades of work
as an attorney and police officer

Proven Results

Many cases dismissed or charges reduced

SF’s Top DMV Law Office

Thousands of
licenses saved

Negligent operator hearings
Excessive DMV points
Age discrimination
License re-examinations

DUI and Traffic Defense

Avoid jail and going to court
Save your license
Charge reductions

Criminal Defense

Hire a former police officer with a team of “top flight”
private investigators and experts with law-enforcement
backgrounds.
If you are innocent or have facts that have been ignored
by the police, we can help!

Since 1985

San Francisco Traffic Law Clinic

SF’s largest and longest running traffic law firm
Experienced traffic attorney will handle your ticket for less
than cost of the fine!
We successfully represent over 3000 cases annually
Special Internet discount: SF 1 point infraction only $99.00!

San Francisco Criminal Lawyer Blog

February 9, 2020

SB 1437 hearings in SF Superior Court Dept 25

by Uthman Law Office

Thomas Keel will have his 1987 conviction for Second Degree Murder vacated after San Francisco Assistant Deputy District Attorney Allison Macbeth stipulated that Mr. Keel was eligible for re-sentencing under SB 1437, at a hearing in San Francisco Superior Court held on February 7, 2009. Superior Court Judge Brendan Conroy will re-sentence Mr. Keel on February 21, 2020 to a residential robbery or burglary. At that time, Mr. Keel’s conviction for a second-degree murder, to which he pled guilty in a joint-deal with his co-defendant Ronnie Wingfield, will be vacated.

Re-sentencing under Penal Code section 1170.95

Penal Code section 1170.95, subdivision (a) provides that , a person convicted of first degree or second degree murder under a theory of “felony murder or under the natural and probable consequences theory may file a petition with the court that sentenced the petitioner to have petitioner’s murder conviction vacated and to be re-sentenced on any remaining counts.”

February 2, 2020

Re-sentencing under Penalty Code section 1170.95 applies only to murder convictions-not manslaughter

by Uthman Law Office

The People, Plaintiff and Respondent, v. Daniel Cervantes, Defendant and Appellant.(Court of Appeal, Second District, Division 6); No. B298077; Filed 1/30/2020; 2020 WL 486867

Re-sentencing under Penal Code section 1170.95

Penal Code section 1170.95, subdivision (a) provides that , a person convicted of first degree or second degree murder under the “felony murder or murder under a natural and probable consequences theory may file a petition with the court that sentenced the petitioner to have petitioner’s murder conviction vacated and to be resentenced on any remaining counts.”

January 26, 2020

What to do if your DMV record shows an infraction for which you went to Traffic School

by Uthman Law Office

Except in cases involving a commercial license, attending traffic school should mask the conviction pursuant to Vehicle Code section 1808.7

Vehicle Code section 1808.7 and traffic school

Vehicle Code section 1808.7 provides for masking of infractions for which a driver attended traffic school. It states that:

January 17, 2020

Incidental movement of a victim during a robbery is not kidnapping

by Uthman Law Office

People v. Taylor (Cal. Ct. App., Jan. 6, 2020, No. B293881) 2020 WL 5698

Summary: A jury convicted Isaac Taylor of kidnapping to commit robbery as well as of the robbery itself. Taylor used a gun to back David Ho four steps towards a dark alley, where Taylor took Ho’s wallet. Based on Ho’s four steps backwards, the jury convicted Taylor of kidnapping. The Court of Appeal reversed the kidnapping conviction.

Penal code section 209- kidnapping to commit robbery-aggravated kidnapping

January 12, 2020

Establishing a prima Facie Case for relief under SB 1437

by Uthman Law Office

People v. Lewis, 2020 WL 57841 (Cal.App. 2 Dist.) (Cal.App. 2 Dist., 2020)

Appeal of trial court denial of petition for re-sentencing without appointment of counsel

Defendant Vincent E. Lewis was convicted of first degree premeditated murder in 2012, his conviction was affirmed on appeal in 2014. In January 2019, defendant filed a petition for resentencing under Penal Code 2 section 1170.95 and requested the appointment of counsel. The trial court, relying on the court of Appeal decision in determined that defendant was ineligible for relief and denied the petition without appointing counsel or holding a hearing. Defendant appealed.

January 8, 2020

Right to confront witnesses violated when computer monitors blocks defendant’s view of a witness

by Uthman Law Office

People v. Arredondo, 2019 WL 6834808 Supreme Court of California, S244166, December 16, 2019

John Arredondo was convicted of lewd acts on child under age 14, lewd act on child under age 16, oral copulation with a child under age 14, and sexual penetration with child under age 14 and was sentenced to 33 years plus 275 years to life in state prison.

Supreme Court grants review

January 2, 2020

Driver did not waive doctor-patient privilege by admitting he was on medication

by Uthman Law Office

Fish v. Superior Court of San Diego County, 2019 WL 6337434 (Cal.App. 4 Dist.) (Cal.App. 4 Dist., 2019)

Synopsis:

Mason Fish, charged with gross vehicular manslaughter while intoxicated filed a petition seeking to prevent trial court from reviewing his psychotherapy treatment records and to require trial court to grant his motion to quash the subpoenas for those records based on the psychotherapist-patient privilege.

December 28, 2019

Certificate of probable cause not needed to appeal court’s failure to strike mandatory felony enhancements before SB 1393 enacted

by Uthman Law Office

THE PEOPLE, Plaintiff and Respondent, v. CHARLES PATRICK ELLIS, Defendant and Appellant., 2019 WL 7161342 (Cal.App. 5 Dist.) (Cal.App. 5 Dist., 2019)

SB 1393 gives trial courts discretion to strike five-year prior serious felony enhancements

On January 1, 2019, Senate Bill No. 1393 amended Penal Code sections 667, former subdivision (a)(1), and 1385, former subdivision (b), granting trial courts the discretion to strike or dismiss the previously mandatory five-year prior serious felony conviction enhancement under section 667, subdivision (a)(1).1 (Stats. 2018, ch. 1013, §§ 1, 2 (Senate Bill No. 1393 or Sen. Bill No. 1393).)

December 23, 2019

Evidence of mitigation for youthful offenders ordered by Court of Appeal

by Uthman Law Office

THE PEOPLE, Plaintiff and Respondent, v. KEANDRE DION WINDFIELD et al., Defendants and Appellants. (Cal. Ct. App., Dec. 20, 2019, No. E055062) 2019 WL 6974388

Facts: Defendants Harquan Johnson and KeAndre Windfield were each convicted of one count of murder and one count of attempted murder, and assault with a semi-automatic firearm, along with gun discharge and gang enhancement allegations as to the murder and attempted murder counts. The charges arose from the shooting of two members of their own gang, the Ramona Blocc Hustlas, resulting in the death of one of them. Both were sentenced to prison for 90 years to life. They appealed raising various claims. In the original opinion, filed August 19, 2014, we affirmed the convictions for both defendants, but reversed Johnson’s sentence pursuant to People v. Gutierrez (2014) 58 Cal.4th 1354, because, as a juvenile at the time of the crime, his sentence of 90 years to life was the functional equivalent of a term of life without possibility of parole and we directed other modifications of the sentence and abstracts of judgment.

On May 26, 2016, the Supreme Court issued its decision in People v. Franklin (2016) 63 Cal.4th 261 (Franklin), and retransferred this case to our court with directions to reconsider Johnson’s sentence in light of Franklin. We reconsidered Johnson’s sentencing claim in light of Franklin.

December 21, 2019

Defendant must pay funeral expenses for his victim who died during a fight

by Uthman Law Office

THE PEOPLE, Plaintiff and Respondent, v. TYRON JACOB TROUT-LACY, Defendant and Appellant. (Cal. Ct. App., Dec. 13, 2019, No. C1882419) 2019 WL 6816928

Summary: Tyron Jacob Trout-Lacy (defendant) fought with his victim, who was high on methamphetamine and had heart disease. Trout-Lacey punched the victim in the face multiple times and slammed his head against the ground. After first responders were called, they restrained the uncooperative victim in an effort to render medical aid. However, the victim and died.

Issue: whether the trial court abused its discretion in concluding, in the context of a victim restitution order, that defendant’s conduct caused the victim’s death. We find no error and affirm.