Alex Harper, Attorney at Law

Alex Harper, Attorney at Law What’s more important to you than your freedom, reputation, and ability to be there for your loved ones? When you’re charged with a crime, get the best.
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Get a former prosecutor on YOUR side. With over ten years as an attorney, I am ready to represent you aggressively. Call me and tell me your situation. I'll analyze your situation and tell you what I can do for you. The call is free.

Mission: Effective, cost-effective, loyal defense for each client to achieve the best outcome possible.

Operating as usual

This is the kind of behavior that every law enforcement agency should be proactively addressing. This LEO is totally zon...
12/12/2019
Florida deputy charged with child abuse, caught on camera slamming girl to the ground

This is the kind of behavior that every law enforcement agency should be proactively addressing. This LEO is totally zoned out on his smartphone, and appears to be upset that the girl had the stones to try to get him out of his bubble. No audio or backstory is necessary- violence of action was completely unwarranted here.

https://nbc24.com/news/nation-world/florida-deputy-charged-with-child-abuse-caught-on-camera-slamming-girl-to-the-ground

A school resource deputy with the Broward Sheriff's Office is accused of child abuse. The sheriff's office released surveillance video of the incident that led to the arrest of Deputy Willard Miller on Tuesday. WARNING: The incident documented in this video is disturbing. Broward School Resouce Depu...

This is why we need to re-examine how law enforcement officers handle citizen contacts. It is in these kinds of interact...
03/07/2019
Watch: Police confront black man in his own yard

This is why we need to re-examine how law enforcement officers handle citizen contacts. It is in these kinds of interactions that the greatest wounds are inflicted upon law enforcement’s threads in the fabric of our society.

When officers dig their heels on their subjective view of someone being “suspicious”, things can get very bad very fast. Unfortunately, the officers appear to unnecessarily escalate the situation despite clear indications that the guy is no threat and has every right to be where he is.

Referring to the trash grabber as a weapon is a key flaw. (Sure, someone could use one as a weapon... theoretically). It shows the officer is just barking basic commands rather than applying any critical thinking whatsoever.

To be quite frank, most officers would have handled this situation much less confrontationally, and would have been smarter. Absent a credible complaint from someone, most wouldn’t have paid the guy any mind.

Police in Boulder, Colorado, launched an internal affairs investigation after video surfaced of several officers confronting a black man who was picking up trash outside his home last week.

Day one of the Capital Case Defense Seminar in Monterey. I look forward to this conference every year and this one is of...
02/16/2019

Day one of the Capital Case Defense Seminar in Monterey. I look forward to this conference every year and this one is off to a great start. #deathpenalty #fightthegoodfight #cpda #cacj

I recently walked a client through interviews with the FBI and federal prosecutors. He is  accused of taking very small ...
02/02/2019

I recently walked a client through interviews with the FBI and federal prosecutors. He is accused of taking very small "kickbacks" in exchange for placing medicare patients. Having been through this scenario, I can tell you that, if you work in the health care industry and have recieved so much as a cup of coffee from a home care agency representative as "thanks", you had better lawyer up, and fast. If you or anybody you know may be on the wrong side of this, or even in a potential grey area, please call. Initial consultation is free. It is ALWAYS better to know than to hope the FBI doesn't come knocking on your door.

Call me at (510) 250-9477, and let's get ahead of the curve before you get overwhelmed.

https://homehealthcarenews.com/2018/09/fraud-watch-bay-area-doctors-home-health-employees-indicted-in-kickback-scheme/

01/15/2019
E4

Some folks give it up so easy.

Try not to crack up when he shows his teeth.
Via @Channel 4

Alex HarperJust now · Despite being a very liberal state, California has some of the most backward policies and practice...
08/22/2018
A Fight to Free Oakland Mamas for Mother’s Day — and End California’s Unfair Bail System | East Bay Express

Alex Harper
Just now ·
Despite being a very liberal state, California has some of the most backward policies and practices when it comes to criminal law. Horrific and complicated sentencing laws, outrageously high bail schedules, and demonstrably unequal treatment of minorities serve to make our state meaner and less civilized, as shown in virtually every scientific study addressing these issues. Gold isn't supposed to tarnish, but The Golden State has an ugly patina when it comes to criminal law practices. #justiceforall

"Miss M." was stuck waiting in an Alameda County jail cell for two months for a crime she said she didn’t commit. A judge ruled...

Eriq has had a truly tough life, and needs your support! Eriq has been in custody for over 16 months awaiting a hearing ...
01/12/2018

Eriq has had a truly tough life, and needs your support! Eriq has been in custody for over 16 months awaiting a hearing to determine if he should be tried as an adult. He has completed high school and earned an A in his first Laney College class while in custody and has matured immeasurably. He’s a good kid who has turned himself around. Eriq CAN and WILL succeed. Still, the DA is seeking to send Eriq to adult court and thereafter to prison for a long time.
Let’s help convince the DA that out communities are better off getting Eriq the youth services he needs, rather than destroying him in prison.

Please consider coming to show your support in Department 5 of the René C Davidson Courthouse in Oakland.

1225 Fallon St, Oakland, CA 94612. Tomorrow. Join advocates and community defenders in keeping Eriq's case in Juvenile court and supporting him as an individual. #prop57 #ProtectYourPeople #Oakland

10/23/2017

I just finished visiting a client who had questions about his case tomorrow. It’s late, but duty calls.

The hallways in this place are crazy long... I’ll look at it as a chance to run up my FitBit step numbers.

Late night at Santa Rita Jail... I've been here past midnight many times... just don't expect a suit and tie after eight...
08/30/2017

Late night at Santa Rita Jail... I've been here past midnight many times... just don't expect a suit and tie after eight!

Alex Harper, Attorney at Law's cover photo
06/13/2017

Alex Harper, Attorney at Law's cover photo

Alex Harper, Attorney at Law's cover photo
06/13/2017

Alex Harper, Attorney at Law's cover photo

Midnight at Santa Rita Jail for the second day in a row. When my clients need me, they need me. Just don't expect a suit...
06/07/2017

Midnight at Santa Rita Jail for the second day in a row. When my clients need me, they need me. Just don't expect a suit in the middle of the night...

11/09/2016

#richardjames

08/26/2016

After weeks of testimony in the murder trial of Billy Drinkwater, the D.A.'s office wasn't so happy with the way the case was going. Before the trial started, my client offered to plea to 25 years to life (meaning he might get a shot at parole in 25 years, but would likely never leave prison). The D.A. rejected the offer without a second thought. But we fought hard and showed the jury that there were many questionable actions by the police department in this case. We also found two well educated, professional, and completely uninvolved eyewitnesses (with no criminal backgrounds) who completely contradicted the accounts given by the D.A.'s witnesses (one of whom was just convicted of murdering a friend of Mr. Drinkwater on the street for no reason, the other a career felon). Mid-trial the D.A. wanted to make a deal. Mr. Drinkwater accepted a deal that will have him home in 8 years or less. Case closed.

07/16/2016
Shaun King

It is possible to respect law enforcement officers and the job they do. The respect is part and parcel to the fact that we hold police officers to a higher standard than we do the average citizen. It is out of respect for the GOOD cops that I present this. THIS is totally unacceptable behavior on the part of all the cops in this video. I seriously doubt the officers will face any career damaging repercussions. But Patrick's life might be altered forever. Think how many citizens lose their freedom every single day because of mistakes like this that are NOT caught on video.

This video, which was just released yesterday, breaks down the outrageously racist foolishness that Black folk must deal with from police on a daily basis.

24-year-old Patrick Mumford was sitting in his own car in February, 2016 when he was confronted by three Savannah-Chatham Metropolitan Police Department Officers, who were serving a warrant FOR ANOTHER MAN, Michael Clay.

The lead officer confronts Patrick but does not believe Patrick when he truthfully identifies himself to the officer, twice. Patrick rightfully asks the officers what is the matter and to see the arrest warrant they say they are serving.

Fearful and confused, Patrick retreats into the passenger seat of his car. Within 38 seconds of his initial introduction to the officers, the lead officer is ordering Patrick to be tased for non-compliance.

It takes a violent use of force for officers to realize what we already know: they have the wrong guy.

Rather than apologize, the officers rationalize and justify their actions to horrified neighbors and even Patrick's parents. These rationalizations include the repeated false statement that the officers asked Patrick for his ID.

Patrick is arrested for obstruction. As a non-violent drug offender serving in a first-offender probation program, a pending probation violation could cost him his job, his college education, and seven years in prison: all for sitting in his own car, minding his own business, and telling the truth.

04/17/2016

DUI checkpoint at Ming and South H St. In Bakersfield tonight starting at 6pm.

05/17/2015

Last week I worked out a fantastic plea deal for a client facing 51 years 8 months to life. He pled for 4 years. While the forensics and other evidence were strong, this one was won in pretrial motions. Thanks to attorney H. A. Sala for teaching me the importance of hard-hitting pretrial tactics. Often, he taught me the hard way!

11/21/2014

Proposition 47: Not as straightforward as you might think.

If you are looking at having a former or current felony reduced to a misdemeanor according to Prop 47, wait! Be sure you and an attorney look your options over carefully first.

If you reduce a felony under Prop 46, you are still forfeit your right to ever own a firearm as a prior felon. If you reduce a felony to a misdemeanor under the old-fashioned Penal Code Section 17 route, your gun rights will be restored (as long as nothing else is holding them up).

There are a lot of other implications depending on which route you take. Be sure to proceed with caution!

Alex Harper Law

10/22/2014

"The prosecutor has far more control over life, liberty and reputation than any other person in America.

His discretion is tremendous. He can have citizens investigated, and if he is that kind of person, he can have this done to the tune of public statements and veiled or unveiled intimations.

While the prosecutor at his best is one of the most beneficial forces
in our society, when he acts from malice or other base motives, he is one of the worst."

Justice Robert Jackson, prior to serving as chief U.S. Prosecutor
at Nuremberg.

10/15/2014

Speaking to a potential client today about his DUI case, I came across a common and ugly misconception. Despite the fact that he'd had very little to drink, he blew a 0.09 on the Preliminary Alcohol Screening (PAS) device. (That's the little hand-held breath tester cops use in the field.) Unsure whether he should hite an attorney to help him, he said to me: "Well, the machine doesn't lie, right?"

In a word: WRONG!

Breath machines are always a little off, and occasionally are way off. Here's a good example: When I was a prosecutor, I was out with a dozen or more other DAs and a bunch of other law enforcement people celebrating a retirement. Almost everyone was drinking. A pair of on-duty CHP officers stopped by to say hi. Everyone thought it would be fun to blow on the PAS and see what their BAC was.

One of my close friends there does not drink. Not a drop. At that time, she hadn't had a drink in over five years.

She blew a 0.05%.

According to CHP operating procedures, that PAS device was being used properly when she blew. So you tell me... does the breath machine lie? You're damned right it does.

When people ask me why I like putting drunks back on the street, they are asking the wrong question. They should be asking why I like defending the rights of my clients. This is exactly why. Because cops, DAs and yes, even the "scientific" equipment get it wrong sometimes. And that sometimes is more often than you might think.

08/14/2014

The hits keep coming!
On a case in which my client was charged with driving with a BAC of 0.15 or higher, we just got a NOT GUILTY on both counts of a DUI. Not guilty of driving under the influence, not guilty of driving with blood alcohol of 0.08 or higher. In fact, the judge found my client factually innocent. He ended up with a reckless driving conviction. No breath alcohol ignition interlock, no restricted or suspended license, no need for an SR-22. The DMV is required to reissue the license snatched by CHP and cannot charge him anything for doing so. This wasn't a case of my guy "getting away with it", this was a case of poor police work being held against my client. At one point, the judge even apologized to my client for what the CHP and DA were putting him through. We fought hard. It took a while, and we spent several hours in court duking it out. But in the end, justice prevailed.

Felony Possession For Sales, 4 pounds of Marijuana
06/07/2014

Felony Possession For Sales, 4 pounds of Marijuana

Client charged with Felony Possession of Marijuana for Sales after being arrested with four pounds of marijuana and telling police he intended to sell the marijuana.

Result: Case dismissed.

06/06/2014

I had a fantastic result on a felony case today. My client was in the wrong place at the wrong time when Oakland PD executed a search warrant. It turns out the friend and four of the friend's associates were running a meth business.

The other five guys were arrested for meth sales. My client was just there to meet his friend for lunch. Unfortunately for my client, he was in possession of four one pound bags of marijuana. Oakland police took exception to him having four pounds of marijuana and arrested him for felony possession with intent to sell. The DA was offering a year in jail and three years probation for a plea to a felony.

Today we were in court to do the preliminary hearing. So far, four of the co-defendants have pled guilty or no contest to felony drug charges. One is still in the system.

My client client has a medical marijuana permit, but it does not allow him to engage in sales. In a less than ideal move, he admitted to the police that he intended to sell his product to dispensaries at a profit. As such, the DA initially scoffed at the permit.

I worked out a fine settlement with the DA today: a full dismissal of all charges. No strings attached... just a dismissal. He doesn't get his marijuana back, but he walks away without a blemish on his criminal record.

The look of relief on my client's face today was great to see. Satisfying.

Red Light Camera Tickets: Court Says No Good
04/10/2014
Red Light Camera Tickets: Court Says No Good

Red Light Camera Tickets: Court Says No Good

In this case the Second District Court of Appeal said a police officer cannot testify he retrieved the photo from the camera and the defendant is therefore guilty. That is an improper conclusion.

This is a nice little article on one of my biggest pet peeves... RED LGHT CAMERAS. Much the same as governmental trampli...
04/10/2014
Red Light Camera Tickets: Court Says No Good

This is a nice little article on one of my biggest pet peeves... RED LGHT CAMERAS. Much the same as governmental trampling of citizens' rights in newer DUI statutes, red light camera tickets are an absolute abomination. Some studies suggest that these lights INCREASE accidents and injuries. I am not aware of a single study that shows that they increase traffic safety. These cameras compromise public safety so that local city and county governments can rake in massive profits. Worse yet, they often do so without the evidence required by law. Because of this, MANY courts have ruled that these camera-generated tickets are unconstitutional and unenforceable. There have been a variety of reasons for these court rulings.

The fines for these tickets tend to be very steep. This is because the city or county needs to cover the cost of the private companies who handle the system, and still charge enough to make outrageous profits on the tickets for local politicians to use as they see fit. It really amounts to a private corporation doing the jobs that police are supposed to do themselves, and it's a big-money industry.

That camera can't provide assistance in an accident. It can't stop an attacker from robbing you. It just sucks money out of your pocket in big chunks. And don't count on politicians to use this money to put cops on the street to protect you.

If you have a red light camera ticket in Alameda County, Contra Costa County, or Solano County, and don't want to give in to this unfair system, call me.

In this case the Second District Court of Appeal said a police officer cannot testify he retrieved the photo from the camera and the defendant is therefore guilty. That is an improper conclusion.

Address

420 3rd St Ste 200
Oakland, CA
94607

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