Criminal Defense

Mr. Linscheid aggressively represents individuals accused of all criminal offenses. As a criminal defense attorney, Mr. Linscheid represents individuals charged with misdemeanors and felonies in state and federal court, including those charged with driving under the influence (DUI), property crimes, weapons and firearms charges, Fish and Game violations, homicide, drug charges (including possession, sales, and cultivation), domestic violence, white-collar crime, identity theft, and traffic violations.

What Are The Most Common Types Of Criminal Defense Cases That Your Firm Handles In California?

The most common types of criminal defense matters that I handle are driving under the influence, fishing and hunting violations, possession and transportation of controlled substances, firearm violations, criminal traffic violations (including hit-and-run charges and driving on a suspended license), assault and battery, theft, criminal threats, manslaughter, and murder. There are many sub-areas within each type of case…Read More

What Generally Happens Within The First 24 To 72 Hours After An Arrest Has Been Made?

Once the police have conducted an arrest, they will generally question the individual about their involvement in the crime. The individual has a right to refuse to answer the questions and request to speak with an attorney. If someone is subject to a custodial interrogation and they request an attorney, law enforcement is required to end the questioning until that individual has an attorney…Read More

• Theft Convictions And Their Implications In California
• White Collar Crime Conviction In California
• Understanding Theft Under California State Law
• Handling White Collar Crimes In California
• Are There Alternative Drug Court Programs For First Time Offenders In San Francisco County?
• Are Most Drug Offenses Charged as Felonies or Misdemeanors in California? What Determines the Level of Offense Charged?

Once Someone Is Released From Jail, What’s Next? Will They Leave With Paperwork Or Instructions?

Upon release from jail, an individual will typically receive a notice to appear in court, as well as a property receipt indicating the items that were seized from them at the time of their arrest. In a DUI matter in California, the individual will also be provided a temporary license or a pink sheet, which advises them that they must contact the DMV within 10 days. If the individual was released on supervised release, then they’ll likely receive information as to what they need to do before the next court date (e.g. meet with pre-trial services, attend certain classes)…Read More

In DUI, Drug, Domestic Violence, Or Assault-Related Cases, Is It Wise For The Defendant To Seek Pre-trial Counseling, Such As AA Or NA Groups?

Counseling or treatment will always aid the accused both personally and in making a good impression before the court. If the individual is accused of multiple DUI’s, or if the DUI arrest involved a high blood alcohol content or accident, then I would recommend that they participate in as many self-help or AA meetings as possible. Other types of counseling can help in potentially resolving the case, as well as meeting the eligibility criteria for mental health diversion…Read More

As A Criminal Defense Attorney, What Factors Do You Consider When Advising A Client On Whether Or Not To Take A Plea Offer?

The decision about how to provide the appropriate defense to my client is something I discuss with my client early on. Every client has a different interest, whether it be wanting a speedy resolution of the case, avoiding collateral consequences that could affect their employment, maintaining the right to possess firearms, safeguarding their immigration status or avoiding custody…Read More

Are There Pre-Trial Alternatives To A Trial Or A Conviction Of A Criminal Offense?

California State courts have authorized an increasing number of pre-trial diversions. Once someone has been referred by the court to a pre-trial diversion program, they will participate in classes and programs for the length of the diversion term, which is typically between six months and two years. Upon successful completion, the arrest is sealed, with the exception of a background check that would be run during the processing of an application to become a police officer…Read More

Representative Cases

The following are examples of the cases handled by Mr. Linscheid and the outcomes in those cases:

• Possession of narcotics: Dismissed after the court granted a motion to suppress evidence due to an unlawful search and seizure by law enforcement.
• Identity theft and fraud: Dismissed at the preliminary examination after Mr. Linscheid conducted an extensive investigation.
• Double homicide: Not guilty verdict after a month long trial.
• Evading police officer causing injury: Dismissed by the court after a hearing on Mr. Linscheid’s motion to dismiss for speedy trial violations.
• Driving on a suspended license: Dismissed.
• Successfully overturned on appeal a DMV administrative suspension resulting from an arrest for driving under the influence (DUI).
• Attempted rape: Rape charges dismissed after lengthy trial.
• Driving under the influence (DUI): Charges dismissed by court after trial.
• Receiving stolen property: Conviction reversed on appeal.