Retaining a Criminal Attorney for a Bureau of Automotive Repair Investigation
It’s always interesting to get the call – the call of a frantic individual who has learned the truth – his lawyer doesn’t know what he is doing.
It’s quite often we receive this call – an individual runs a shop, Bureau went to the local City Attorney and or District Attorney who filed criminal charges against the individual based on some BS. We’ve talked about previous criminal complaints before.
Individual explains this to the Criminal Attorney who then proceeds to tell the individual “oh we’ll get this dropped.”
Months go by, charges get added, the attorney doesn’t return your phone calls, and finally you’re told to “take the deal” offered by the District Attorney/City Attorney because “you’ll lose at trial.”
Bullshit – the Criminal Attorney doesn’t know what he’s looking at.
Here’s how it works.
The Bureau presents an “iron clad” case of fraud. Perjury, or other infamous felony to the local City or District Attorney for your area promising a “slam dunk case” with political implications and pressure – so he files the charges.
You’re informed of the charges against you – outlining serious felonies that will affect your permament record, not to mention ensuring you will never hold a Automotive Repair License ever again.
You ask around and your friend, family member, colleague “knows” of a good criminal attorney. You make an appointment, he sounds confident, you retain his services. A few months later you’re being told to “take the deal.”
What deal? You didn’t do anything wrong!
I can’t count how many times we’ve come into a case midstream, asked to “assist” the vaunted criminal attorney who doesn’t seem to understand the complications of what the Bureau is pleading.
Here’s what you and I both already know – automotive knowledge is a specialty. If you can’t explain to the DA that the PCV is a visual test, where the technician inspects the engine visually to determine if the PCV system is in tact where if it wasn’t the engine would have blown out it’s fair share of gaskets, show visible smoke, or trip a check engine light if it’s a monitored system. If the technician passes the vehicle it’s because the system appeared to be intact – and the technician is not certifying that he pulled the PCV from the valve cover, shook it to ensure there was a rattle confirming the presence of the check valve – despite the Bureau’s undercover runs gluing a plastic like piece looking exactly like a PCV to the valve cover – you can’t convince a DA his case is a fraud – not the technician.
Now then, when a Bureau Program Representative fills the DA’s ears with sweet nothings of perjury under the automotive repair act or fraud under the business and professions code, the DA’s eyes get big – a freebie for the win column researched and documented with little or no work to perform.
The problem is the Bureau Program Rep is full of it – but most criminal attorneys don’t know it.
They are presented with reams of paperwork that are intentionally irrelevant to bog down an attorney who doesn’t know what he’s looking at – who then becomes frantic that he’s not prepared to fight something like this and decides to cower and offer to settle with opposing counsel.
It happens all the time.
This isn’t a small matter – these are criminal charges. They affect everything from this point forward. You now have a rapt’ sheet.
My advice is simple. If you’re charged with a DUI, you hire a DUI specialist. If you’re charged with tax evasion, hire a former IRS Auditor who is now an attorney.
If you are Criminally charged with an investigation from the Bureau of Automotive Repair you hire an Attorney who specializes in analyzing Bureau of Automotive Repair investigations. It will save you time, money, and possibly result in the full dismissal of Criminal charges against you.
Make sure your Attorney knows what he is doing.