Mark Edward Powers Tumblr Blog

View On WordPress

View On WordPress

Serving San Luis Obispo and Santa Barbara Counties, Mark Powers is a criminal defense attorney with over 27 years of experience. Based in Santa Maria, CA, attorney Mark Powers represents clients facing drug related charges and zealously advocates for alternatives to incarceration. It is estimated that over half of all individuals incarcerated in the United States have a history of substance abuse. Many government officials and the voting public are acknowledging the connection between substance abuse and criminal activity and are advocating for a greater emphasis on treatment than on lengthy jail or prison terms. Most visibly, California voters approved Propositions 36 and 47 that substantially reduce incarceration rates while advancing rehabilitative goals through structured drug treatment programs. At the federal level, in November 2015, the White House issued a press release outlining a number of reforms promoting treatment and reintegration programs for non-violent federal offenders. Often seen as progressive in terms of drug laws and rehabilitation options, California is home to some of the leading drug treatment centers in the nation. And California judges are often open to sending offenders to rehabilitation programs instead of sentencing them to lengthy jail or prison terms. This is especially true for first-time non-violent drug offenders.                            

View On WordPress

A private criminal defense attorney serving San Luis Obispo and Santa Barbara Counties, Mark Powers counsels clients through his private practice in Santa Maria, CA. A former Deputy Public Defender for Santa Barbara County, Mark Powers now works as a private criminal and juvenile defense attorney. Minors who have been cited for a criminal offense in Santa Barbara County, should expect their parents to receive formal documentation regarding the citation, which includes information on next steps. The document is prepared after the matter is investigated by the Probation Department. Depending on the severity of an incident, a child’s case may be referred to the District Attorney’s Office or handled through the Probation Department. Minors who are arrested and taken into custody will be taken to the Susan J. Gionfriddo Juvenile Justice Center in Santa Maria, CA. The Probation Department and District Attorney's Office determine if the minor needs to be detained and whether a petition needs to be filed. If neither occurs, the minor is released from custody to his or her parents. Conversely, a child must be released within 48 hours, excluding non-court days, unless a court petition is filed within that time. When a child is detained, a hearing on the petition must be held within 30 days of the filing. The minor's parents receive notice from the court of hearing dates and times. During the proceedings, the court determines the need for further detention and the need for further investigation by the Probation Department.                            

Mark Edward Powers has practiced law for more than 25 years and for the last decade in his private criminal defense law firm. In this position, he has handled a wide variety of criminal cases. Mark Edward Powers is well-versed in handling probation violation hearings. Probation is viewed by the court as a form of leniency. Probationers are directed to comply with any number of conditions in return for this leniency. Conditions often include jail time, victim restitution, search terms, drug testing, drug program terms, stay away orders, travel restrictions, fines, and community service. Probation can either be formal (with a probation officer) or informal (court probation). In California, all felony probations are formal probation. Probationers on formal probation report to a probation officer. When a probationer is charged with violating a term of probation, the probationer will have to appear in court where he is entitled to a hearing before a judge. Penalties for violation of probation vary, but they can be severe. The court may permit a person to remain on probation with additional terms such as extending the probation term. The court may also decide to terminate probation and impose a lengthy jail or prison term.

Mark Edward Powers is a former Deputy Public Defender who has practiced out of his own offices in Santa Maria, California, for the last 10 years. Mark Edward Powers has vast experience in a wide variety of criminal defense cases, though he focuses on DUI cases and DMV hearings. In the event one is charged with a DUI,or other serious driving related offense, in California, that individual may be subjected to a Driver Safety Administration Hearing conducted by the Department of Motor Vehicles - DMV. DMV Administrative hearings differ from criminal court proceedings in many ways.  They are heard by a DMV Driver Safety (DS) Officer, rather than a judge or jury, and they have somewhat different rules of evidence.  At the hearing the DMV Driver Safety Officer provides drivers with a chance to be heard before making a decision regarding suspension or revocation of an individual’s driving privileges. Drivers have a number of rights during the hearing, such as the right to testify on their own behalf, the right to review any evidence, and the right to cross-examine witnesses. Drivers may appear on their own or with an attorney.  Because these hearings involve technical rules of evidence and legal issues, it is usually best to have an experieced attorney represent those subjected to such hearings. Absent legal "good cause," drivers generally have 10 days to request a hearing upon being notified of their opportunity to do so.                            

Mark Edward Powers has owned a private criminal defense practice in San Luis Obispo and Santa Barbara counties in California for the last decade. While he has over 26 years of experience in matters involving domestic violence, assault, drug cases, DMV matters, and juvenile defense, he excels in DUI cases. Individuals who have a drink while out to dinner and later become involved in an automobile accident may wonder about the appropriate course of action. First, and most importantly, the driver should phone for emergency medical assistance if needed.  Secondly, one should not leave the scene of the accident without exchanging information with other involved parties. In California, even if no physical harm seems to have come to the involved parties, the accident must still be reported to the DMV within 10 days if property damage exceeds $750.  Failure to report this may result in the DMV taking action to suspend one's driving privilege. Drivers should remember that they cannot be coerced into taking field sobriety tests if they do not feel comfortable doing so. However, if lawfully arrested for DUI, they may also be cited for failure to comply with a lawful request to take a chemical test. Failure to comply with a lawful request to take a chemical test may also result in an action by the DMV to suspend of one's driving privilege.  Drivers should avoid making any statements until they have consulted with an attorney experienced in DUI cases.                            

Mark Edward Powers operates a private law practice in Santa Maria, California. Serving Santa Barbara and San Luis Obispo counties, Mark Edward Powers represents defendants in a variety of cases, including driving under the influence (DUI). According to California state law, anyone who drives a motor vehicle with a blood alcohol concentration of .08% or more can be charged with DUI.  It is also unlawful for those under 21 years old and those on probation for DUI to drive a motor vehicle with .01% BAC.  It is also unlawful to drive a motor vehicle while impaired to such a degree that you can not safely drive. One may be charged with DUI for driving under the influence of prescription medicines, illegal drugs, or over-the-counter medicines that contain alcohol.  Persons convicted of DUI are subject to a wide range of penalties including jail sentences, large fines, and license supensions. Those involved DUI related automobile accidents causing injury to others can face felony criminal charges and civil lawsuits.  For these reasons, it is always wise to consult with an experienced criminal defense attorney when arrested for any DUI related offense.  Mark Powers has over twenty years experience handling DUI related cases from misdemeanors to felony offenses.                            

With more than two decades of law experience, Mark Edward Powers is licensed to practice in the state of California. Through his private criminal defense firm, Mark Edward Powers represents clients in domestic violence cases, theft claims, and Department of Motor Vehicles (DMV) hearings. When a law enforcement officer issues a notice suspending or revoking an individual’s license, the related paperwork must be submitted to the DMV. The officer’s report undergoes administrative review by the department, and if it is determined that the license suspension or revocation is justified, the driver will receive a notice allowing 10 days to request a hearing. The driver is provided the opportunity to plead a case in front of a driver safety hearing officer. Unlike a trial hearing, an attorney is not appointed to represent an individual seeking reinstatement of a license. However, a private attorney can offer legal experience and knowledge beneficial to successfully overturning a ruling. The attorney is able to schedule a client’s DMV hearing and provide representation without the client having to be present. In some cases, a hearing can be completed over the phone. In an effort to restore a client’s driving privileges, the attorney will present evidence to support why the suspension or revocation was not warranted.