Sergio Humberto Benavides | Hayward Criminal & Immigration Lawyer

People v. T.M.

Outcome: Plea bargain to Wet Reckless Description: Ms. M picked up a DUI last year. She had been drinking at a friend's house and crashed into a parked car. She was afraid of the system, and had never been in trouble. I explained the ups and downs of a plea bargain deal, as well as the court procedures, and all possible outcomes. I reviewed the police reports, the blood alcohol levels with her, and possible defenses. In the end, I convinced the DA to offer her a non-DUI charge, a Wet Reckless, which is a lesser included offense, that involved absolutely no jail time, 1/2 the fines of a regular DUI, 1/2 the DMV-required classes, and 1/2 the possible jail time if she were to get in trouble during probation. She was relieved to have a Criminal Law Specialist, such as myself, at every step of the way. In the future, I will attend a Restitution Hearing, without her having to take time off from work or even be in court.

People v. K.W.

Outcome: Case dismissed Description: Ms. W was accused of stealing a laptop from the local library. She was charged with petty theft. She moved out of the Bay Area years ago, and now has a good job, and wanted to clear up her record. I put the case back on calendar, and began negotiations with the DA's office. Originally, they wanted Ms. W to plea to the charge and pay for the stolen laptop. I convinced the DA to dismiss the case after client paid for the laptop--allowing her to keep her record clean, and move on with her life.

People v. S.K.

Outcome: Case Dismissed Description: Client accused of assault and battery. Client and trespasser to his building got into a fist fight, with Client slapping complaining witness first. Four prior attorneys told Client he would lose because he hit a girl. That this was a losing case. DA wanted Client to pay for hospital bill of the complaining witness. Client hired me: excellent decision. I told him, let me do some legal research, before I tell you if I think it's a loser or winner. I discovered a legal defense where a homeowner can use force to eject a violent/threatening trespasser. I convinced the DA that THEY had a loser case and that I was posed to win at trial. I saw victory and went for it. That's what a fighter does for his clients. I saved the client's record from being tarnished, and money by avoiding a trial.

Speaking engagements

20 Years Federal Prison for Erasing a Hard Drive? Yes Federal Prosecutions Under Sarbanes-Oxley

2015

Sunday Friends Educational Programming What You Can Do to Help Friends and Family Facing Criminal Charges

2014

Sunday Friends Driving and the Law

2014

Law Office of Sergio H. Benavides Understanding the Criminal Justice System

2014

Injured Workers National Network MCLE Seminar Eliminating Bias and Substance Abuse in the Legal Profession and a Focus on Developing the Best Medical Evidence for Workers' Compensation Purposes

2014