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David A. Brooks

David A. Brooks, Attorney at Law
  • Criminal Law, Juvenile Law, DUI & DWI...
  • California
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Summary

David A. Brooks, Attorney at Law has been finding solutions to troubled times since 1985. Practice limited to Criminal Defense, Juvenile Defense, and Child Dependency. Call me when experience matters and you need solid and understandable legal advice. Misdemeanors, Felonies, Child Protective Services. Practicing in El Dorado, Placer, Sacramento, Amador Counties.

Practice Areas
  • Criminal Law
  • Juvenile Law
  • DUI & DWI
  • Domestic Violence
Additional Practice Areas
  • Child Dependency Law
  • CPS
  • Felony
  • Misdemeanor
Fees
  • Free Consultation
    1/2 Hour
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
California
Languages
  • English
Education
Colgate University
B.A. (1985) | English
University of the Pacific, McGeorge School of Law
J.D. (1984) | Law
Professional Associations
El Dorado County Bar Association
Current
California Attorneys for Criminal Justice
Current
California Public Defenders Association
Current
State Bar of California
Current
Speaker @ Continuing Education of the Bar
Storytelling for Lawyers: The Best Way to Tell Your Client's Story
Speaker @ Continuing Education of the Bar
California Marijuana Laws: Medical and Criminal; Use and Cultivation
Speaker @ Continuing Education of the Bar
Negotiating the Difficult Case: Results Oriented Negotiation
Speaker @ Continuing Education of the Bar
Realignment (AB109): What You Need to Know
Publications
Articles & Publications
Foresthill
Worthy Books Press
Legal Answers
19 Questions Answered

Q. What rights do 17 year olds have in California?
A: The same as any child, unless the DA succeeds in prosecuting them as an adult. In that case, they have the same rights as any adult.
Q. Can california laws prohibit a woman to have children under any circumstaces?
A: Yes, but a Judge would have to take away the right to procreate and ther are only a few ways that can happen. That can happen as the result of a Conservatorship, where developmental disabilities mean that an adult lacks the ability to consent to have sex, and/or lacks understanding regarding the consequences of sex. A Conservatee might receive an injectable birth control against their wishes and it could be within the law
Q. What can I legaly do to a person who is trespassing
A: The crime of trespassing requires a 1st warning, and the trespass after warning could be prosecuted as a misdemeanor. There is the civil remedy of getting a restraining order. Certain kinds of "trespass" involving easments, riparian (water) rights, and restrictions of use might also give rise to additional civil actions and even monetary damages.
Q. Is the passenger responsible for contraband under the seat if no one owns up to it
A: Possession is a the ability control an item, and that implies knowledge that the item is there. With drugs under the seat, there could be a number of factors that could point towards both knowledge and control. Who can reach them? Furtive movements noted by police? Did anyone give a statement? Any forensic evidence (fingerprints)? Anyone under the influence of the same drug? Then, possession can be joint, not just sole possession. Joint possession means more than one person can have the ability to control an item. Possession is not ownership, ownership is just one form of possession. Holding it for a friend is possession. Possession can be constructive, not just actual possession. Actual possession means holding it, constructive means you could control it if you chose to.
Q. 12 month review coming for cps case. Have 2 kids under age of 3 part of sibling group. Have completed case plan
A: Social workers have a lot of pull when it comes to when to terminate the court's jurisdiction or when to proceed to a .26 (Permanency) Hearing. What a judge's threshold to extend jurisdiction might be is best asked of an attorney who works in that particular court. The answer also depends on whether the "partner" is a parent outside the home or is someone who lives with you. The court would have an easier decision if it could reunify with you and keep the partner in counseling without having to reunify with the partner.
Q. Can a 12 year old be legally prosecuted for grabbing a girls behind? In CA
A: Yes. Could be sexual battery, could be just battery. WILL a child be prosecuted, that is a different answer. Maybe, and that decision is in reality made by an intake probation officer. It depends on past problems, attitude, parental attitude, and local policy.
Q. Do i get arrested if im 14 & pregnant
A: It certainly happens, there are plenty of pregnant girls in Juvenile Halls, but you'd have to have broken the law. Getting pregnant isn't a crime. If you are at risk (runaway) you could be detained, but that is different than being arrested. What you do need for certain is some family planning counseling and some prenatal care.
Q. What needs to be done for my 16 year-old niece to move in with her grandfather?
A: Assuming everyone agrees, you don't have to do anything. You would probably want to hold educational and medical rights, though. You would probably want to become legal guardian. Adoption would first require termination of mom's parental rights. She is getting old enough, emancipation might also be something to consider. If she doesn't agree, Guardianship is still a possibility. If the child is at risk you could notify CPS and try to get placement pending a possible future reunification with mom. So, there are many options and these have significant advantages and disadvantages. You need to consult with an attorney so you can get all the details and make some informed choices.
Q. I plead guilty to misdemeanor domestic violence without any legal consultation offered by the judge can I withdraw it?
A: If that is true, probably so. Guilty pleas having to be "knowing and intelligent", and involve an advisement of basic rights. However "mass advisements" of rights counts, where the whole room is advised. Video advisements count. A Court Reporter's transcript would be required to see what the Judge did. Also, a change of plea involves a waiver of rights, and that will be on the record or in writing (signed by the defendant) in the court's file.
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Contact & Map
David A. Brooks, Attorney at Law
474 Main St.
Placerville, CA 95667
USA
Cell: (916) 300-9877