David T Reagan

David T Reagan

A strong advocate on your side
  • California
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Jurisdictions Admitted to Practice
California
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9th Circuit
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Languages
  • English: Spoken, Written
  • Spanish: Spoken, Written
Education
University of Colorado - Boulder
B.A. | History
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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
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Awards
Rising Star
Super Lawyers
Rising Star
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Rising Star
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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! ... Read More
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.
... Read More
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.
... Read More
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Contact & Map
Law Office of David Reagan
San Leandro
1057 MacArthur Blvd
Ste 213
San Leandro, CA 94577
Toll-Free: (510) 506-9061
Monday: 9 AM - 5 PM
Tuesday: 9 AM - 5 PM
Wednesday: 9 AM - 5 PM
Thursday: 9 AM - 5 PM
Friday: 9 AM - 5 PM (Today)
Saturday: Closed
Sunday: Closed
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