Sim Gershon Law Office

Criminal and Family Law

I practice all kinds of areas in family and criminal law defense and sometimes these two area are intertwined in both fields.  This happens especially when there are issues of people being arrested for simple battery or what is commonly known as domestic violence.  It is very advisable that you seek an attorney in those situations. In a restraining order hearing what you say matters and everything is recorded. In fact in a divorce proceeding the testimony at such a hearing, can be used in a trial if the case is not resolved in a settlement agreement.  If a person admits to a restraining order hearing without any testimony it cannot be used at a criminal matter such as simple battery or felony battery.   If on the other hand if you or the supposed victim does testify that can be used to impeach their testimony at a later hearing or trial for the charges of battery or domestic violence battery.  If the Judge at the restraining order hearing denies the victim's request that does not mean the State Attorney will drop the charges against you. In fact even if the victim in the battery case files a waiver of prosecution the State Attorneys office can still file charges against you.  If the State attorney does not file criminal charges against you within 40 days of your arrest they must release your bond. 

     In cases of drug possession or the sale or delivery of drug possession it also very important to seek the advice of an attorney. In many cases the state can ask for probation or jail time or both. In addition if you are found guilty of a possession charge like a DUI your license to drive will be suspended. In the case of a DUI your license can be suspended up to 6 months on a first suspension. In the case of possession or sale/delivery of controlled substances your license upon conviction will be two years.  There are many legal defenses that can be used if you are arrested for any of these crimes. A common defense in the possession of a controlled substance is knowledge. The person in a car that is stopped for example does not know that there are drugs in the car can be a strong defense in any trial.  The actual stop of course has to be legal so that even if you knew their were drugs in the vehicle and the stop was not proper the evidence can be thrown out at a later hearing. I have handled many  matters such as this and I welcome to hear from you.