Areas of Legal Practice

DOUGLAS A. FOX, Attorney at Law, has successfully handled every kind of criminal case, felonies and misdemeanors, through jury trial, including the following:

  • HOMICIDE/CRIMES OF VIOLENCE/GUNS (PC 148, 240/242, 243, 245, 246, 187, 191, 192, 12020, 12022.7, 12022.5, 12025, 12031:
    Manslaughter & murder; assault & battery; violence against police; resisting arrest with/without force; robbery; use of a gun/knife.
  • DOMESTIC VIOLENCE (PC 166, 243(e), 273.5):Very successful record of defense of this highly emotional and commonly charged crime.
  • MEDICAL MARIJUANA: CULTIVATION & POSSESSION OF MARIJUANA; FIGHT BOGUS SALES CHARGES (H&S 11357, 11358, 11359, 11360. 11361.5/7):
    Get your case dismissed, have your marijuana returned to you. Local prosecutors are still calling providers & caregivers drug dealers. Know your rights to protect yourself ahead of the police raid by posting your recommendation with your plants; carry it with you when you too are carrying. Apply for destruction of records (not just expungement) to erase marijuana conviction.
  • 3 STRIKES CASES (PC 667.5 & 1192.7):
    Romero motions: Challenge the strikes—do they even apply? Use your biographical social history to strike strikes. I have defended and won 3 strikes cases at trial and through favorable plea bargaining and through rigorous law and motion practice.
  • DRUNK DRIVING (DUI, DWI, VC 23152, 23153) & DMV HEARINGS (VC 13352):
    Let us protect your license & your freedom; don’t forget to pay your fine: (vc 40508) the court can raise your fine as a penalty or send it to collections where your credit is at risk.
  • SEX CRIMES (PC 243.4, 261, 269, 288, 288.5, 289, 290 Registration):
    Rape, statutory or with force; child molest; assault; kidnap; registration: These are the most serious crimes you can face—you need the right lawyer for you with proven results.
  • DRUGS: SALES OR SIMPLE POSSESSION; USE & ABUSE (H&S 11550, 11350, 11351, 11352, 11377, 11378, 11379, 11364) (B&P 4140):
    California Propositions 36 & 215: Avoid jail time and get your charges dismissed (and your medicine returned.)
  • THEFT, FRAUD & BURGLARIES (PC 459, 460, 466, 484, 502, 503, 666):
    Petty theft, grand theft, residential burglary, commercial burglary, embezzlement “white collar crime”, mental defenses available.
  • ALL JUVENILE CASES (W&I 602, 707):
    Proposition 21 (direct filings); detention hearings & adjudications (trials): some juvi cases count as adult convictions, be prepared to fight back
  • GANG CASES (PC 186.22(a) & 186.22(b)):
    Fight back against bogus gang charges and enhancements. All gang cases are now Strikes. Don’t be afraid to fight in court.
  • RESEARCH & MOTIONS PRACTICE (PC 991, 995, 1538.5 et al.): Win the case based on challenging police misconduct; limit prosecution access to evidence at trial through effective in limine rulings; Miranda violations; search and seizure law; involuntary statements; motions to dismiss.
  • POST CONVICTION LITIGATION:
    • SENTENCING/PROBATION REPORTS
    • STATEMENTS IN MITIGATION
    • ALTERNATIVES TO JAIL
    • PROBATION VIOLATIONS

Not every case gets dismissed, goes to trial, or makes the front page of the newspaper. In reality, most cases resolve with some sort of plea bargain: an agreed upon compromise between the client as Defendant and the county prosecutor/DA as Plaintiff. Exactly how good that offer is will depend on the quality of your counsel and the evidence in any particular case. Whether to agree to a plea bargain is likewise to be decided on a case by case basis.

Electronic home monitoring (ankle bracelet, EMP); work release (Sheriff’s Work Alternative, etc) or furlough, treatment programs are available as jail alternatives.

  • EXPUNGEMENT
  • SEALING RECORDS
  • PC 17(b) REDUCTIONS:
    • Seal your juvenile record
    • Expunge adult convictions from your “rap sheet” — make it shine.
    • Reduce felony wobblers to misdemeanors. Even if your lawyer never mentioned this to you, you may be entitled to having your felony reduced to a misdemeanor no matter how long ago your case was litigated. If asked on an employment application you will be able to say honestly that you have never been convicted of a felony.

WHAT FOLLOWS IS FROM “CRIMINAL DEFENSE WORK” PAGE:

Santa Cruz, CALIFORNIA Criminal Defense

  • Each person accused in the USA is entitled to the PRESUMPTION of INNOCENCE plus other valuable and enforceable CONSTITUTIONAL RIGHTS including Cross Examination (the engine of truth) & Due Process of Law.
  • Criminal defense lawyers are Constitutional defense lawyers too. Police Misconduct can result in evidence suppressed and charges dismissed.
  • Defending against an accusation of crime requires a lawyer heading a team which includes top-notch Investigation, on-point Research & Writing, hard-nosed Negotiation and the smart use of Experts. Together, with the client, we work to obtain the best result on each and every case.
  • The US Constitution provides for an accused to be represented effectively by an advocate trained, prepared and experienced to fight back against the well-funded District Attorney’s Office. Even the playing field. Be confident. Hire a lawyer with a long (and recent) record of winning cases at trial and who has worked thousands of favorable plea bargains short of trial.
  • EMPOWERMENT: Know your rights. Avoid surprises. You can have counsel who inspires hope which can affect results and will nearly always reduce your sense of stress or fear.

COMMON CASES ALLOW FOR VIGOROUS DEFENSE:

  • MEDICAL MARIJUANA / DRUG CASES:
    Marijuana and Drugs cases always involve the US Bill of Rights which can be litigated in other criminal cases but especially drug cases. These are usually victimless crimes, meaning that the witnesses against an accused are professional testifiers, the arresting police officers. This can intimidate a client but it only provides fodder for the diligent attorney. Even where one is guilty of possession, thanks to Propositions 36 and 215, it is far easier to avoid any time in custody. Also, it is possible to even have one’s medicine returned in open court. Now that’s a victory.Attorney Douglas Fox has tried many drug cases over the years, including not guilty verdict on a 3 Strikes case (25 years to life), narcotics possessed for sale; many other drug case victories.
  • DRIVING UNDER THE INFLUENCE:
    Driving under the influence is actually a very complex charge which raises college level questions of science, and social issues (picking a DUI jury is akin to a sex crime case, everybody knows somebody who has been hit by a drunk driver it seems). DUI’s can end with a plea to a lesser charge, wet reckless or much better, a dry reckless. Before your lawyer is made such an offer, the DA will have evaluated their chances of success at trial. If your trial lawyer is known for fearless advocacy, the DA makes better offers. That’s maybe not fair, but that’s a fact all the same.Also, contact Mr. Fox (or any lawyer) within 10 days of your arrest to save your driver’s license from “stop and snatch” suspensions.

    Attorney Douglas Fox has tried over 40 DUI jury trials.

  • CRIMES OF VIOLENCE:
    Perhaps surprisingly, crimes of violence provide great fodder for the intelligent criminal defense attorney who is willing to go to trial. One does not have to be a pacifist to detest violent criminal activity. Once a case comes to court however, the evidence may show that the wrong guy was accused, or more commonly, that there are issues pertaining to self-defense or defense of another. California Law — and US Constitutional Law — allow for the rigorous defense of oneself from becoming a victim of violent crime.Often, say with allegations of domestic violence, there are only two people alone in a room. A classic “he said” “she said.” Here is where the quality of your chosen counsel will have its greatest impact. Framing that story of what happened is where the creativity of the lawyer is found. and from where NOT GUILTY verdicts result.Attorney Douglas Fox has never lost a misdemeanor jury trial in a crime of violence over nearly 18 years of practice.