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David T Reagan

David T Reagan

Law Office of David Reagan
  • Criminal Law
  • California
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Summary

If you need skilled representation to expunge a conviction, terminate probation early, reduce a felony to a misdemeanor, or obtain any other clean record relief, the Law Office of David Reagan is here to assist your pursuit of justice.

The Law Office of David Reagan prides itself on being an experienced, client oriented clean record practice. Having worked in the criminal justice system for many years, we combine a toolbox of techniques with a dedicated focus on each of our clients to achieve a succesful outcome.

We know money is tight sometimes, particularly when dealing with criminal matters, so we accept payment plans and set reasonable fees to make sure everyone has access to justice. What is more, we offer free consultations either on the phone or in person at our Oakland and San Jose offices to determine what type of work is needed to achieve the desired results.

Practice Area
  • Criminal Law
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
California
9th Circuit
Languages
  • English: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
Principal
Law Office of David Reagan
- Current
Education
University of Colorado - Boulder
B.A. | History
Santa Clara University School of Law
J.D. | Law
Honors: Social Justice and Public Interest Law Certificate, Winner of the Honors Moot Court Competition, Winner of the Galloway Criminal Moot Court Competition
Awards
Rising Star
Super Lawyers
Rising Star
Super Lawyers
Rising Star
Super Lawyers
Professional Associations
Alameda County Bar Association
Executive Committee Member, Barristers Section
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Websites & Blogs
Website
Legal Answers
4 Questions Answered

Q. What steps/proceeds can I do to obtain the legal forms for a criminal exemption/or an exspung to clear my record.
A: I am not sure about a criminal exemption. Perhaps you could provide me more information. As to an expungement, also known as a dismissal under Penal Code section 1203.4, you can find the appropriate forms on the judicial council website, forms CR-180-181. http://www.courts.ca.gov/forms.htm?filter=CR Check the box that you want the case dismissed, and the felony reduced if that is possible (needs to be a "wobbler" that could have been charged as a felony or a misdemeanor). If you had a prison sentence, you will need to bring a Certificate of Rehabilitation, not an expungement. Also, if you lost your original court documents and case number, go to the court clerk to request them, and if the court clerk does not have the information, you can consider making a request for your criminal record with the DOJ. http://oag.ca.gov/fingerprints/security Best of luck!
Q. How do I know if the search warrant was valid, legal, and legidimate?
A: This is a legal question best answered by an attorney. If you would like challenge a search warrant, first your attorney needs to obtain the search warrant and the police reports regarding the warrant. Sometimes the police ask to keep parts of the warrant under seal, but it is normally accessible through the court. Once you have the warrant, your attorney can analyze whether it comported with the requirements for a valid warrant. The primary case on this issue is U.S. V. Leon, but there have been many since that help define the standards. http://en.wikipedia.org/wiki/United_States_v._Leon The key issues are: did the warrant accurately describe the person or things to be seized and did the search exceed the scope of the warrant (was it the correct address, did the police search rooms not within the warrant, etc.) 2) was it issued by a valid magistrate 3)did the officer knowingly lie in the affidavit for the warrant 4) was the warrant stale, meaning it was executed too long after it was signed 5) was there probable cause for the issuance of the warrant 6) was the evidence used for the warrant illegally seized? Even if these issues exist, there are some exceptions where the search is still not suppressed. But, at least having one of these errors is a start. Best of luck.
Q. How can I obtain the Police Reports from a homicide investigation?
A: If you are a defendant, request the reports from your defense attorney. The defense attorney should give you a redacted copy. If a case is closed, and someone was a client of an attorney, that attorney has to give them all of the records in the file, including police reports, although they will be redacted. If you are not involved, try requesting the documents from the local police agency that investigated the case. Some police departments have online request forms, others require a request in person or in writing. If you know the person whose record you are requesting, have them sign an authorization to allow you to request the record. A lawyer would be helpful to facilitate the request. Do not include anything incriminating or give the police any information about a suspect if you are finding information to help the suspect. Always consult with a lawyer. If there is a pending civil case, or a pending criminal case, ask an attorney to subpoena the homicide investigation reports. The party requesting the subpoena will have to justify why it is necessary to have the records to help their civil or criminal case. The final option is a public records request. You will need to do some research of the California Public Records Act, http://en.wikipedia.org/wiki/California_Public_Records_Act, and then write a request to the investigating agency. Here is the Oakland website on record requests, which is a decent guideline. http://www2.oaklandnet.com/Government/o/OPD/s/document/index.htm The reality is, however, if there is a pending investigation, or sensitive materials in the documents, the agency is unlikely to provide them to you on request, particularly without any justification, like a subpoena for a court case. Good luck.
Q. Where to get some help for prisoner appealing 3 strikes parole denial.
A: Is your question is there an opportunity to get help help for an appeal because the recall of his sentence was denied under Proposition 36 as a third striker? Or is your question that parole was denied after a hearing in front of the parole board, and you want to either 1) file a writ of habeas corpus to challenge the ruling of the parole board, or 2) request an advance hearing date for the next parole hearing if they denied him for several years? As for question 1, there are a few organizations that help with third strike sentencing. Here is an organization that deals with Third Strike inmates, particularly Proposition 36 recall. http://www.threestrikesjusticecenter.com/Prop36_news_1.html They might be able to assist him if he writes a letter. I can make no guarantees since I am not familiar with this organization. As for question 2, there are not many attorneys who assist parolees pro bono after parole was denied by the parole board. From time to time the organization California Prison Focus can help look for a pro bono attorney. http://www.prisons.org He could send a letter to their office. Another option is to contact local attorneys who work in prison law, and see if there is anyone they can refer you to who will take a case on a very low monthly fee that the inmate may be able to afford with the help of family. The final option, which is not particularly good, is for the inmate to write his own petition for writ of habeas corpus to the superior court. If the superior court decides to issue an order to show cause, meaning that the court thinks the inmate has a decent case, the court will appoint an attorney at no cost to continue representation on the writ of habeas corpus. Best of luck.
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725 Washington Street, Suite 200
Oakland, CA 94607
USA
Telephone: (510) 506-9061