January 12, 2004
Contact
Feel free to contact me directly about your case.
Law Office of Tim Warriner
813 6th Street, Suite 450
Sacramento, CA 95814
[PH] 916.443.7141 or toll free: 1.866.675.4590 | [FX] 916.441.0970
Please fill out the form below to contact me by e-mail:
Note: communication with attorney does not necessarily result in the formation of an attorney-client relationship.Posted by Tim Warriner at 08:14 PM
January 10, 2004
Legal Resources
Legal Blogs
Sentencing Law and Policy sentencing.typepad.com/sentencing_law_and_policy
White Colar Crime Prof Blog lawporfessors.typepad.com/whitecollarcrime_blog
CrimProf Blog lawprofessors.typepad.com/crimprof_blog
Jerry Spence's Blog gerryspence.wordpress.com
Ninth Circuit Blog circuit9.blogspot.com
General Legal Resources
Santa Clara Law School www.scu.edu/law
U.S. Bureau of Prisons www.bop.gov
California Dept. of Corrections www.cdc.state.ca.us
U.S. District Court, Eastern District of California www.caed.uscourts.gov
Federal Courts www.uscourts.gov
US Ninth Circuit Court of Appeals www.ce9.uscourts.gov
California Courts www.courtinfo.ca.gov
Advocacy Associations
Families Against Mandatory Minimums (FAMM)famm.org
Amnesty International www.amnesty.org
Anti-slavery www.antislavery.org
Free the Slaves www.freetheslaves.net
NORML www.norml.org
Center for Justice & Accountability www.cja.org
Innocence Project innocenceproject.org
National Association of Criminal Defense Lawyers (NACDL)criminaljustice.org
Health Law
American Health Lawyers Association www.healthlawyers.org
Posted by Tim Warriner at 08:34 AM
Curriculum Vitae
Tim Warriner, Attorney at Law
813 6th Street, Suite 450
Sacramento, CA 95814
EDUCATION
Santa Clara University School of Law, J.D., 1993
University of California Los Angles (“UCLA”), B.A. (political science), 1989
BAR ADMISSIONS
California
State Bar of California (admitted in 1993)
Criminal Law Section Member
United States District Court, Northern District of California (1993)
United States District Court, Eastern District of California (1994)
United States Supreme Court (2006)
Other States
District of Columbia Court of Appeals, Washington D.C. (1995)
Supreme Court, State of Colorado (1995)
Supreme Court, State of Minnesota (1995)
LEGAL EXPERIENCE
Sutter County Public Defender – Deputy Public Defender
Criminal Justice Panel, Eastern District of California
Conflict Criminal Defenders, Sacramento County
Central California Appellate Project (“CCAP”)
Sacramento County Superior Court, Law & Motion Department – Judicial Extern/Law Clerk
California Court of Appeal, Third Appellate District – Judicial Extern/Law Clerk
Ellison Wilson Advocacy - Lobbiest, Legal Counsel
Shell & Campbell, Law Offices of Dianne Campbell – Civil Practice
MEDIA CONSULTING
Health Care Purchasing News
Univision, Sacramento, California
Sacramento Bee
National Law Journal
Washington Post
PROFESSIONAL ASSOCIATIONS
National Association of Criminal Defense Lawyers ("NACDL")
California Public Defender's Association ("CPDA")
Criminal Law Section, State Bar of California
Sacramento County Bar Association
TRAINING PROGRAMS
Federal Defender Training Group, “Winning Strategies,” Boston, Massachusetts, May 20-22, 2004
Federal Habeas Corpus Practice, Office of the Federal Defender, Sacramento, California, 2007
Demystifying the Great Writ, Sacramento, California, November 15-16, 2003
CACJ/CPDA Capital Case Defense Seminar (“Death Penalty Conference”), Monterey, California, 1998, 1999, 2002, 2003, 2007
California Attorneys for Criminal Justice, “Tips from the Masters,” San Francisco, California, December 14, 2002
NORML Key West Criminal Defense Seminar, Key West, Florida, 2001
Federal Defender Training Group, “Winning Strategies” (technology in the courtroom), San Diego, California, 2001
Western Institute of Trial Advocacy, Laramie Wyoming (one week program), June, 2000
National Criminal Defense College (“NCDC”), Trial Practice Institute, Macon Georgia (two week program), June, 1999
Federal Defender Training Group, “Winning Strategies,” San Francisco, California, 1998
Central California Appellate Program, “Searching Out the Issues,” 1999
Criminal Defense of Immigrants, Law Offices of Norton Tooby, 1998
California Judge’s Association, Oxford England Program (two weeks), 1996
PUBLISHED CASES
People v. Muldrow (2006) 144 Cal.App.4th 1038
United States v. Mayo (9th Cir. 2005) 394 F.3d 1271
In re Nancy C. (2005) 133 Cal.App.4th 508
In re Bryant R. (2003) 112 Cal.App.4th 1230
Posted by Tim Warriner at 08:25 AM
Practice Areas
Mortgage Fraud
The Sacramento and San Joaquin Valley areas are a hotbed for mortgage fraud investigators. These cases are complex and retaining a qualified federal defense attorney is essential. Counsel should be contacted at the first sign an investigation is underway. It is not advisable to speak with investigators (FBI, US Treasury Agents, Agents of the California Department of Real Estate) without first discussing the matter with a qualified attorney. These cases are prosecuted as conspiracies under 18 U.S.C. 371. Mortgage brokers, loan officers, real estate agents, and employees of mortgage and real estate firms are all potential defendants.
Healthcare Prosecutions
A large part of my practice consists of handling prosecutions arising from the healthcare field. In these cases my clients are healthcare providers, such as doctors, nurses and healthcare businesses. These cases are typically very complex, often involving interpretation of government regulations.
Some examples of criminal prosecutions in the healthcare field are: MediCal/MediCare fraud, abuse allegations and illegal distribution of controlled substances (e.g., steroids and controlled substance analogues).
I have experience representing healthcare providers, and work with the objective of preserving a practitioner’s license or certification. Often, I work in conjunction with counsel handling license disciplinary proceedings.
Marijuana Cultivation & Medicinal Use
I have achieved excellent results for clients arrested for marijuana cultivation, and have been able to help clients avoid jail in cases involving a large number of plants.
I am also experienced in handling medicinal marijuana cases. When someone has a valid medical marijuana prescription, their case should be dismissed. In complex cultivation cases, I utilize expert witnesses in order to present a persuasive case at trial or sentencing.
Other Drug Offenses
Many drug offenders just need help. I have an excellent record in obtaining substance abuse programs as an alternative to jail or prison.
Federal Offenses
Federal court is vastly different than state court. Do not make the mistake of retaining an attorney that is not experienced in handling cases in federal court. I am a seasoned federal practitioner at both the trial and appellate levels.
Grand Jury Witnesses & Targets
The federal criminal process typically involves the use of the grand jury. The grand jury process is frightening and stressful for those called as witnesses. I can advise you concerning your rights, and help to negotiate an immunity agreement. Representing a target of a federal grand jury investigation requires special skill. If you are the target of such an investigation, it is critical that you consult, in confidence, with a qualified federal defense attorney. The consultation should be in person, not over the telephone, in the event a wiretap order is in place.
Suppression Motions
Let me review your case do determine whether a motion to suppress evidence may be made. I have succeeded in getting evidence suppressed at the state, federal and appellate levels. A successful motion to suppress will often result in dismissal of the case or a favorable plea bargain.
Defense of Non-Citizens
Non-citizens often face deportation for seemingly minor (misdemeanor) crimes. I am experienced in obtaining plea bargains that will not affect immigration status. Often, I work closely with immigration counsel to get convictions set-aside, thereby avoiding harsh immigration consequences. I can also refer the client to a qualified immigration attorney to assist him or her.
Posted by Tim Warriner at 08:19 AM
So you’ve been arrested—what next?
Retain Counsel
First, you must retain a qualified attorney. Hiring a good attorney will be the best money you have ever spent. In this business, nothing affects the outcome of a case more than the actions of a focused, intelligent attorney.
Here are a few things to consider:
The attorney’s experience handling your type of case (i.e., drug cases, healthcare fraud, “sex crimes”)
The attorney’s familiarity with the jurisdiction, i.e., the particular federal court or county that your case is in. Is the attorney familiar with the various personalities involved, such as the judge, supervising prosecutor or probation officer? Is the attorney knowledgeable about the style of practice in the jurisdiction, including local or even “unwritten” rules.
Does the attorney have a good working relationship with the prosecutor handling case? The prosecutor is often in the best position to help the client by offering a favorable plea bargain or dismissing a weak case. An attorney with a bad reputation at the courthouse, or one who acts unprofessionally, will do a disservice to his clients.
Finally, do you like the attorney? Does he or she put you at ease and thoughtfully consider your questions? Is the attorney truly interested in helping you? Don’t trust the attorney who promises you the moon—he’s probably just interested in the fee.
Invoke Right to Remain Silent
Under the 5th amendment to the US Constitution, you have the right to remain silent. While virtually everyone has heard of “pleading the 5th” or “remaining silent,” it is tougher than it sounds. Often, law enforcement officers apply subtle, or sometimes not so subtle, pressure to talk. You must resist this pressure. Perhaps the best way to handle unwanted police questioning is to state firmly that you do not wish to talk, and would like to consult with an attorney before answering any questions. Upon hearing such response, the police must cease further questioning.
Release Arrangements
Your attorney will help secure your pretrial release. Often, an attorney can request an own recognizance (“OR”) release. Of course, an OR release will save money otherwise spent on a bail bondsman. An attorney will also be able to ensure that, if bail is set, that it is at a reasonable amount. Bail bondsmen will typically charge a 10% premium, i.e., their fee is a percentage of the bail amount. They will also require various forms of security, typically from the client’s family members.
Release procedures in federal court are vastly different from the state level. Surety bonds are not an option. Often, an OR release can be secured. Alternatively, a judge may require release secured by real property or an unsecured release bond.
Crucial to federal release is the involvement of the United States Pretrial Services Officer. You should meet with your attorney before the Pretrial Services interview, as the things you say may later affect your case. Your attorney should prepare you for the interview, and you should have your family’s contact information readily available.
If possible, get released! Defendants on pretrial release typically fair better in the justice system—i.e., they have a better chance of being acquitted at trial, get favorable plea bargains and can help their attorneys prepare.
Upon release it is critical that you remain in contact with your attorney and that you not miss any court appearances. A failure to appear can result in your being remanded into custody, and may result in additional charges or enhancements being brought against you.
What if you can’t get released?
First off, do not talk to anyone at the jail about your case. Some inmates will go to the police if you discuss your case with them. Also, do not discuss sensitive information about your case during family visits or on the telephone as these conversations are frequently tape-recorded.
Your attorney should make sure you are receiving adequate medical care and have confidential legal visits.
Posted by Tim Warriner at 08:08 AM