Alex Harper, Attorney at Law

10/01/2021

Alex Harper, Attorney at Law updated their information in their About section.

Alex Harper, Attorney at Law updated their information in their About section.

04/20/2021

Former police officer Chauvin has been found guilty on all charges for the murder of George Floyd. His bail revoked, he has been remanded into custody pending sentencing.

09/28/2020

Opinion | A message to Justice Department lawyers: It’s up to you to protect our democracy

This.

Your oath is to the Constitution.

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...

05/17/2019

Ra**st Gets Joint Custody Of Child Fathered In Attack: New Developments

The Great State of Michigan’s “justice” system at work.

R***d as a 12-year-old in Michigan, now 21-year-old mom in Florida ordered to move home, share custody of child conceived in attack.

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.

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.

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 4

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.

"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...

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.

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.

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!

06/13/2017

Alex Harper, Attorney at Law's cover photo

06/13/2017

Alex Harper, Attorney at Law's cover photo

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

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.

06/22/2016

Defense attorney: Oakland police overlooked evidence in fatal shooting investigation

My current trial.

Billy Drinkwater is accused of slaying Malik Birchett in North Oakland Jan. 9, 2013 but his defense attorney Alex Harper says Oakland police overlooked key information

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.

06/07/2014

Felony Possession For Sales, 4 pounds of Ma*****na

Client charged with Felony Possession of Ma*****na for Sales after being arrested with four pounds of ma*****na and telling police he intended to sell the ma*****na.

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 m**h business.

The other five guys were arrested for m**h 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 ma*****na. Oakland police took exception to him having four pounds of ma*****na 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 ma*****na 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 ma*****na 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.

04/13/2014

Red light camera vendor investigated for corruption

Red light camera vendor investigated for corruption

A red light camera vendor that services many Bay Area cities is being investigated in Chicago for corrupt business practices.

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.

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.

04/03/2014

Home

If I were to add just one thing to either my website (www.alexharperlaw.com) or this page, what would you most like to see? What would you find most helpful? Is there anything you don't like about either of them?

I am an experienced attorney working day in and day out to help you navigate the complex world of law. Whether you need help with estate planning or business matters, or are facing criminal charges, I am here to guide you through. Find out how my services can help you.

04/01/2014

Feeling pretty good about my case work lately.
1. My client had a seriously overcharged case. A small volume of drugs for personal use charged as felony possession for sales. Facing six years county jail. Result: misdemeanor, credit for time served.
2. My client was charged with felony possession of he**in for sales. With some investigation, we found another person who later admitted to hiding the drugs in my client's wheelchair when he saw police approaching. Facing 11 years state prison. Result: case dismissed.
3. In an ongoing DUI case, I negotiated with the DMV Driver Safety Office and convinced them that the evidence against my client was questionable. The license suspension hearing was cancelled and the DMV agreed to dismiss the suspension pending resolution of the court case.

03/20/2014

I just got a letter today from the U.S. Department of Veterans Affairs... I am now officially "accredited as an attorney for the preparation, presentation, and prosecution of claims for veterans' benefits before the Department of Veterans Affairs (VA)."

03/12/2014

Alex Harper, Attorney at Law's cover photo

02/24/2014

Lawyer Alexander Harper - Oakland Attorney - Avvo.com

My Avvo Attorney Rating has gone up to 8.0! You can see my profile here:

http://www.avvo.com/attorneys/94607-ca-alexander-harper-348982.html

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