All Felonies and Misdemeanors -- state and federal court.

Assault and Battery Crimes Against Children Domestic Violence DMV Hearings Driving Offenses Driving Under the Influence (DUI)

Drugs Elder Abuse Homicide Juvenile Criminal Cases Kidnapping/Carjacking Probation Violations Post Conviction Relief

Prefile Investigation Resisting Arrest Restraining Orders Sex Crimes Theft Crimes Three Strikes Program Weapons Crimes

ASSAULT AND BATTERY Assault Assault with a Deadly Weapon Battery Battery with Serious Bodily Injury Assault and battery cases range from misdemeanors to felonies and often can be charged as "strikes" under California's "Three Strikes You're Out" law. These fights and disputes require quick and thorough investigation in order to successfully mount a defense. Time is of the essence to locate witnesses to support the defendant's version of the facts. Marc wastes no time in dispatching highly trained and experienced investigators to find and interview witnesses, track down videotapes, and find any other type of evidence to exonerate the client. Precise cross-examination at the preliminary hearing or trial can often make the difference between winning and losing the case. Marc has vast experience handling these types of cases and knows exactly how to proceed to get the best negotiated plea deal or to prepare the case for a successful jury trial. Marc's extensive negotiating and trial experience provide his clients with the best representation. back to top CRIMES AGAINST CHILDREN Child molestation Child endangerment/Child abuse Probably no set of crimes capture more headlines these days than crimes against children--either in the form of child abuse or the more emotionally charged child molest crimes. Marc has handled numerous child molest cases and achieved excellent results. Extensive work is necessary to determine if the complaining child has been coerced or subject to suggestive parents, social workers, teachers, or relatives. Marc is familiar with the various psychological and forensic studies which the experts rely upon to determine if a child is lying or has been suggested to that a crime happened but never did. Hiring the right expert witnesses to evaluate the evidence in the case and testify is critical. Marc has experience with psychological defenses, sexual predator profiles, and consent issues. Marc files appropriate motions with the court to obtain favorable rulings in trial. Marc will attempt to show that efforts by the prosecution to portray themselves as the "good" guys and the defense as the "bad" guys is reduced or eliminated. Marc will dispatch top-notch investigators to interview the witnesses and provide a clear picture of the state of the evidence favorable the client. Marc will, above all, provide advice with the client's best interests in mind. Marc understands not only the extensive prison time associated with these crimes but also the public stigma. As a result, Marc does everything to properly advise and assist his clients charged with these crimes to obtain the best result possible. back to top DOMESTIC VIOLENCE Spousal Battery with Injury Battery on a Significant Other False Imprisonment Criminal Threats Disabling a Telephone, Line, or Cord Vandalism Intimidating a Witness Domestic violence cases are highly emotional. Prosecutors may file most of these charges as either felonies or misdemeanors. The intense attention paid to these crimes in the media and in the legislature has resulted in a more rigid approach to the settlement of the cases by prosecutors with stiffer penalties and conditions of probation. For a felony domestic violence case with great bodily injury the prosecution may likely file a "strike" allegation and significant jail or prison time may result. Either as a misdemeanor or felony, domestic violence crimes carry the mandatory 52-week Domestic Violence Recovery Program (DVRP). This is a time consuming and intrusive year long class. Marc does everything to avoid a plea to a charge that will trigger the DVRP program by employing extensive investigation and persuasive negotiation. Marc has extensive trial experience and has logged "not guilty" verdicts in these cases. Marc has even been successful in one case of receiving a "not guilty" verdict on the criminal case and then not only having a restraining order filed by the alleged victim in another court completely dismissed against his client but also having the judge impose a permanent restraining order against the alleged victim. Oftentimes the alleged victim of DV case files a parallel domestic violence restraining order in another court, even attempting to kick out Marc's client from his own home. Marc has extensive experience handling these restraining orders and achieved a high rate of success. Marc has defended these retraining orders as well as initiated and filed them. Unlike other attorneys, if the client is sentenced to a domestic violence or anger management program, Marc will continue to appear in court for his client to provide proof of progress so the client does not have to miss school or work by attending court. back to top DMV Hearings Administrative Per Se hearings resulting from DUI arrests Negligent Operator/Medical Disability suspension hearings Marc has successfully handled DMV hearings resulting both from DUI arrests as well as suspensions due to negligent operator (too many points) and disabilities. DUI APS Hearing Admin Per Se DMV hearings arise out of a DUI arrest. The arresting officer forwards paperwork to Sacramento DMV which begins the process of the action on the client's license. The arrested driver has only 10 days to request either a telephonic on in-person hearing. This hearing is conducted in an informal office setting and it is audio recorded. As a practice, Marc sets in-person hearings in order to preserve the client's rights to the fullest. Marc also takes the precaution of recording the hearings himself to ensure the record is not lost or damaged which has happened in the past. Marc also uses these hearings to subpoena the arresting officer to flush out his testimony and lock him into more favorable testimony for future hearings. Compelling the testimony of the arresting officer allows Marc to take advantage of sworn testimony without the impediment of an objecting prosecutor. The administrative hearing is presided over by a representative from the DMV. This same representative is also the person who presents the evidence for the DMV-in other words, prosecution and judge are the same in this arena. While it would appear the deck is stacked against the client in the DMV hearings, Marc is fully versed in all the applicable law and defenses to put the client in the best position to prevail at these hearings and preserve the client's ability to drive. Marc has been highly successful in these DMV hearings. When the ruling is against the client, Marc has the experience to file an appeal of the hearing, called a Writ of Mandamus, to Superior Court and argue that the DMV hearing officer decided wrongly. Marc has been successful winning these writs and even obtaining attorney's fees from the DMV. If the client loses the DMV hearing and an appeal is not pursued, Marc assists the client in every way to quickly and smoothly do what is necessary to regain the client's driving privilege. Negligent Operator/Disability Hearings Negligent Operator and Disability Hearings involve obtaining too many points on the license from moving violations or a suspension of the driving privilege from a disability or medical condition. Marc has requested hearings for clients whose license is about to be suspended because of too many points. Marc is versed in the applicable law and persuasive arguments to get the suspension eliminated or reduced. For the disability/medical condition hearings, Marc has been highly successful contacting the treating physician, compiling the necessary persuasive evidence, and restoring the client's driving privilege. back to top DRIVING OFFENSES Hit and Run (with injury) Driving on a Suspended License Driving Without a License Moving Violations Hit and Run The law requires a driver involved in an accident that results in damage to stop and exchange information with the other driver or make an attempt to determine the other drive and leave information. The courts treat these cases very seriously and frown upon any person who knowingly is involved in an accident and drives away. Oftentimes, these cases have extenuating circumstances surrounding why the client failed to stop and it is important to present the client and his or her reasons for failing to stop in the best light to obtain a favorable disposition. If the client is not guilty, Marc will do everything to prepare for a successful trial. Marc has obtained "not guilty" verdicts in hit and run cases and has extensive experience handling these charges. Suspended License Driving on a suspended license or driving without a license are misdemeanors and can carry points for the client's driving record, high fines, car impoundments, and jail time. It is critical to assist the client to obtain his or her driver's license and obtain lesser crimes in order to avoid negligent operator suspensions and jail time. Marc's first jury trial in his professional career was a driving on a suspended license charge and the client was found "not guilty". Moving Violations These charges consist of infraction moving violations that will result in points on the license. Marc handles these matters and sets them for a court trial. If the officer fails to show up, the matter is dismissed. If the matter proceeds to trial, Marc provides the best representation for the client to reach a "not guilty" verdict by the judge. Marc issues subpoenas for radar devices and other evidence to exonerate the client. Where appropriate, Marc always attempts to obtain traffic school for the client to which removes the matter from the client's DMV record and prevents insurance from seeing the violation. back to top DRIVING UNDER THE INFLUENCE (DUI) DUI (with priors) Felony DUI (DUI with Three Priors/DUI with Injury) Driving under the influence is probably the most common type of crimes that stretches across social, economic, and ethnic levels. Society sends mixed messages to people by saying "drink and have fun", but do not drink too much. But, as people consume more, their judgment becomes more impaired. As a consequence, many good and responsible people suffer arrests for driving under the influence. Marc has handled thousands of DUI cases both felonies and misdemeanors. Marc first preserves the client's right to a California Department of Motor Vehicles Administrative Per Se hearing to challenge the suspension of the client's driver's license. This hearing request must be done within 10 days of the arrest. Marc has obtained numerous victories at these hearings and saved the client's license from being suspended for several months. Marc has successfully kept clients with felony DUI cases out of state prison and has assisted getting them admitted into alcohol rehabilitation programs and negotiated alternatives to actual custody. Marc has handled thousands of DUI cases and understands all the elements involved with DUIs. Marc consults with expert forensic toxicologists about the possible defenses in each case. Marc has all the laws enforcement manuals, machine manuals, and studies necessary to construct effective cross examinations of the arresting officer and prosecution expert witness. Marc is completely versed in the details and particulars of field sobriety tests, the hand-held roadside breath testing machine called Preliminary Alcohol Screening (PAS) device, as well as breath-testing machines and blood alcohol evidence. Marc has no fear of trying these complicated cases and has achieved dismissals and "not guilty" verdicts in many, many cases. back to top DRUGS Under the Influence of Drugs Transportation/Sales of Drugs Manufacturing Possession of Methamphetamines Possession of Heroin/Cocaine Possession with Intent to sell Certain drug crimes may entitle the client to drug diversion, drug court, and Proposition 36 relief. These options are not automatic and the investigation, creativity, and legal maneuvering that Marc employs oftentimes make these options available for the client. For other types of charges, Marc brings to the table extensive experience handling all types of drug cases including possession, transportation, manufacturing, and selling of methamphetamines, cocaine, heroin, marijuana, and other drugs. Marc understands the nuances of the different drugs and how to effectively argue these cases in court and obtain dismissals and not guilty verdicts. back to top ELDER ABUSE Elder abuse prosecution has come to the fore in recent years as more of the population ages. Elder abuse constitutes specified conduct committed against a person over the age of 65. This adds an additional crime and stiffer penalties. Marc has extensive experience handling these felony charges.   HOMICIDE Murder Attempted Murder Manslaughter Vehicular Homicide/Manslaughter The death of another human being is always tragic and these cases are pressure filled and labor intensive. Sentences for these crimes include Long prison commits or death. Homicide cases often attract intense media attention and require an experienced attorney to handle all levels of these often complex and emotionally charged cases. At the Law Office of Marc J. Kligman, these cases will receive the highest priority and the best associate lawyers, investigators, and experts witnesses to do everything possible to assist the client in his or her defense. back to top JUVENILE CRIMINAL CASES Juvenile cases are heard before a judge and no jury trial is available. The cases are confidential and the emphasis is on rehabilitation of the juvenile. However, with the proliferation of more serious crimes being committed by juveniles, the public and court have become more wary of the crimes juveniles commit. If the juvenile is going to be tried as an adult, Marc prepares and argues the WIC 707 hearing to keep the juvenile in juvenile court, not adult court where penalties are stiffer. If the matter remains in juvenile court, Marc negotiates the case in a manner to either obtain dismissals or a deferred prosecution. Marc is mindful about the juvenile's criminal record and seeks to keep it as clean as possible. Marc has extensive experience with not only criminal law but also working with teenagers and youths. Marc's criminal experience lends itself nicely to the effective representation of juvenile criminal cases. Marc's rapport with his juvenile clients is unrivaled among other attorneys. Marc's connection to teenagers lets him gain the trust of both parents and the juvenile client. back to top KIDNAPPING/CAR JACKING Marc has worked on kidnapping and car jacking cases and knows precisely the particular elements involved and the stiff penalties associated with the charge. At the Law Office of Marc J. Kligman, the client charged with this serious crime will receive the necessary attention and great representation. back to top PROBATION VIOLATIONS Some of the most tenuous cases involve probation violations where the court places the client on probation for a criminal conviction and the fails to comply. The non-compliance can take the form of either failing to complete a class, work service, or with a new law violation. Marc does everything possible to recall any warrants and reinstate probation. On misdemeanor cases, Marc can often appear without the client and reinstate probation. Marc has extensive experience with probation violations and his creativity and knowledge of the judges and court system contribute to his ability to successfully keep his client out of custody and reinstate probation. back to top POST CONVICTION RELIEF Reduction of a Felony to a Misdemeanor Expungements Termination of Probation Certificates of Rehabilitation Pardons Post-conviction relief can greatly assist a client in gaining employment and moving on with his or her life after serving time or completing probation. Marc has extensive experience in assisting clients with the post-conviction relief. While other attorneys forget about the client once the initial case is over, Marc stays in touch with his clients and gives them all the information needed to clean up their record as best as possible. Marc has successfully filed and won early terminations of probation as well as expungements under penal code section 1203.4. For those clients who spent time in state prison, Marc knows the particulars and can assist in the filing for a certificate of rehabilitation and pardons from the governor. back to top PRE-FILE INVESTIGATION Probably at no stage of the case of a criminal case is it more critical to get the assistance of a qualified and excellent lawyer than at the pre-file investigation stage. At this point, the police detectives are questioning witnesses, gathering evidence, and attempting to speak with the client. The police officers want to speak with the client and obtain a confession, if possible. The police will often employ techniques to scare or trick the client. Marc has been retained to advise the client and act as an intermediary between the detective and the client. Most people have a fear of standing up to a police officer or asserting themselves in a fashion that is contrary to the will or wish of law enforcement. Marc's extensive experience and knowledge of criminal law and cases greatly helps the client know what's going on. Marc advises the client in a way that will best protect the client from having a case filed against him/her. Oftentimes, after consulting with the client, Marc has advised the client not to make a statement and has interceded on the client's behalf to tell the investigating detective that his client will not make a statement. More often than not, this has resulted in no charges filed. In the right situation, Marc will assist the client to prepare a written statement. If the detective insists on arresting the client, which is the ultimate decision of the detective if there is sufficient probable cause, Marc assists the client in explaining the bail process and assisting the client in obtaining a reliable bail bondsman. Marc then sets up a convenient time for the client to surrender to custody so that the intrusion on the client's life is minimal. back to top RESISTING ARREST Delaying or Obstructing a Peace Officer (Resisting Arrest) Battery on a Police Officer Confrontations with police can be highly charged. Some cops like to exert their influence, authority, and muscle. The constitutional guarantees of liberty and freedom are sacred and when they are infringed upon, people can feel victimized. If an officer oversteps his bounds and the citizen asserts himself, the officer may respond with undue, unnecessary, and excessive force. If a physical confrontation ensues, the officer may arrest the citizen and claim the citizen was resisting arrest or obstructing and delaying the officer in his/her duties. Marc has won numerous jury trials involving battery on a police officer and resisting arrest. Marc is fully versed in filing Pitchess motions to obtain records of discipline or complaints on the police officer's records. Marc sends out experienced investigators to locate witnesses to these complaints and marshaled with this evidence, Marc can then attack the officer's story of what happened as not believable because he has used excessive force in the past. Marc is not afraid to take the officers head on and once subpoenaed the arresting officer's entire family because there was evidence in his personnel file of his wife accusing him of domestic violence. Needless to say, the matter resulted in a dismissal of all charges. With the Law Office of Marc J. Kligman, any citizen charged with resisting arrest or battery on a police officer will receive excellent attention and representation from Marc, a seasoned lawyer fully versed in the particulars of these cases. back to top RESTRAINING ORDERS Marc handles both filing and defending restraining orders. These orders can be domestic violence or civil harassment. If a client is being charged in criminal court with a domestic violence case and the alleged victim files a domestic violence restraining order as well, Marc handles defending these filings in order to protect the client's Fifth Amendment rights against self-incrimination so the defense on the criminal case is not compromised. Marc has obtained dismissals of the petition for restraining orders filed against his clients and has even turned the tables and had judges impose a restraining order against the alleged victim. If a client wishes to file either a domestic violence or civil harassment order, Marc investigates the case and submits a package supporting the need for the restraining order so the order is signed by the judge and imposed. Many people think they can represent themselves at these hearings. Marc can attest that the contentious issues and feelings involved with restraining order requires an experienced attorney like Marc to properly present the case to the judge and make the process easier and more painless for the client. back to top SEX CRIMES Sexual Battery Rape Indecent Exposure Public Nudity Solicitation of Prostitution Prostitution Pimping and Pandering Sexual Battery/Rape/Indecent Exposure Marc has handled sexual battery cases and rape cases. Marc knows these charges carry stiff penalties and the social stigma of registering as a sexual offender for the rest of the client's life. Rape and sexual battery cases require extensive investigation into the alleged crime. Issues of identity, consent, and truthfulness all play into the allegations. At the Law Office of Marc J. Kligman, the client and cases receive the utmost attention and Marc does everything with the best interests of the client in mind. Prostitution, Pimping and Pandering Marc has represented clients in prostitution, solicitation of prostitution, pimping and pandering, and loitering with the intent to commit prostitution. Marc has taken these cases to jury trial and received "not guilty" verdicts. With the men who solicit under cover police officers, Marc understands the embarrassment associated with these crimes and exercises extreme discretion and professionalism in attempting to deal with these cases quickly and painlessly. However, the prosecution and law enforcement believe most cases will never see the trial court because the defendants are too embarrassed to have this be public in any way-even if only public in a courtroom with jurors. It has been Marc's experience that many abuses occur in these cases and the evidence is often lacking. Few lawyers have taken these cases to trial. Marc has and won. back to top THEFT CRIMES Robbery Residential Burglary Commercial Burglary Grand Theft Petty Theft Embezzlement Unlawful Taking of a Vehicle (Grand Theft Auto) Residential burglary can only be filed as a felony strike and carries with it a sentence of presumptive prison. Marc has successfully fought against this presumption and kept his clients charged with a residential burglary out of prison. This can mean all the difference to a client who greatly fears a prison commit. Commercial burglary involves the entering of a building and having the specific intent to commit a theft before entering the building. These cases often attach to store thefts. Marc always examines the state of the evidence and fights these cases where appropriate. When sufficient evidence exists to convict the client, Marc has been very successful in obtaining reductions to lesser offenses and reducing the penalties associated with these pleas. Theft and embezzlement cases have particular proof and intent issues. Marc does extensive investigation and examining of the facts of the case and law to best advice the client what to do. Marc has handled hundreds of theft and embezzlement cases and knows how to effectively argue these cases and negotiate them to obtain favorable plea deals of the client. back to top THREE STRIKES CASES The "Three Strikes Yer Out" law in California proscribes stiffer penalties for strike cases and sets up the client for harsher penalties if he/she re-offends. On certain strike cases, the maximum credit reduction the client can earn in custody is 15%. If the client has a prior strike conviction, that conviction will trigger a maximum credit earning of 20% and could elevate the new crime to a felony from a misdemeanor and make the client now ineligible for probation while looking at a doubled prison sentence. The choice of defense attorney for these cases is critical. At the Law Office of Marc J. Kligman, the advice given to clients not only examines what could happen presently but also in the future. back to top WEAPONS CRIMES Possession of Deadly Weapon Carrying a Concealed Weapon Brandishing a Weapon Discharge of Firearm These crimes may be filed as either misdemeanors or felonies and often have jail time proscribed in the penal code if the client is convicted. Judges and prosecutors alike are nervous about people armed with weapons, especially firearms, and this is reflected in the treatment of the cases and sentences associated with them. Marc has successfully defended against these crimes and taken these crimes to trial and received "not guilty" verdicts. Marc understands the law involving these crimes and does everything in his power to successfully defend the client if charged with these crimes.

back to top