Dan Moseley

I defend all criminal accusations with the upmost seriousness, thoroughness and relentless determination to win.

I do this because whether the government is charging you with a misdemeanor or felony, it is threatening to take away your most invaluable and irreplaceable possessions: your rights, your freedom, your reputation, contact with your family and friends, and indeed your very life.

Even in cases where jail or prison is not part of a sentence, probation can limit your freedom and take away basic Constitutional rights. Your right to privacy - to refuse to consent to a warrantless search of your person, home, possessions, and vehicle - can be taken away from you. A criminal conviction can harm jobs and careers; it can limit employment opportunities. If you are not a United States citizen, it can subject you to deportation.

To defend against those and other possible consequences, your case deserves a thorough review and full legal defense analysis that takes into account not only all of the evidence police and prosecutors believe they have collected against you.

It absolutely must also include all of the evidence available from listening to you and coming to an understanding of your version of the incident by a smart and tough defense attorney who is willing, able, and prepared to take your case all the way to trial if you choose to do so.

University of California College of the Law, San Francisco

J.D. (2016) | Criminal Law

2013 - 2016

Assisted in the representation and defense of individuals accused of minor crimes to serious and violent felonies.

Honors: Criminal Law Practice; Advanced Trial Techniques; Advanced Legal Research; Bridge Fellowship Award for Public Service.

Activities: Marin County Public Defender's Office - Volunteer Attorney Monterey County Public Defender's Office - Post Bar Law Clerk San Francisco Public Defender's Office - Law Student Intern

State Bar of California  # 316965

Member

Current

California

State Bar of California

ID Number: 316965

• Free Consultation
  Complimentary, no obligation consultation up to 30 minutes.
• Credit Cards Accepted

• State Prison Parole Hearings

Q. Should we trust the public defender's advice to avoid trial in my daughter's case?

June 28, 2025

A: Your question raises a number of issues. First, trust is central to the lawer-client relationship; when this is weak or absent, the client needs to find another lawyer. Second, a defendant will not get a reliable second-opinion without first dismissing her current attorney and then hiring a new lawyer for a modest fee to thoroughly review and analyze the evidence for and against the defendant, as lawyers are ethically and professionally unable to assume another lawyer's case or comment on it in any detail. Third, a client who mistrusts her court-appointed lawyer can ask the court to appoint a different attorney from the public defender's office, but the reason for the mistrust must be more than that she just doesn't agree with the lawyer's opinion. (Repeated failure to adequately communicate with the client is a good reason to seek a different appointment.) Fourth, the law gives the client, and not the attorney, the final say in whether to take the case to trial; if the lawyer refuses to go to trial against the client's wishes, that is another reason to request a different attorney be appointed, or to fire the public defender and interview and hire an attorney on your own. Courts will delay further proceedings for 30 - 60 days or more to allow a defendant sufficient to find an acceptable private attorney. Fifth, a post-conviction "dismissal" creates what is called a "legal fiction," in that it allows a defendant under cirtain circumstances to lawfully deny they were convicted of a crime. But the fact of the conviction still exists and is not removed from the defendant's record, or "rap sheet." The record is just updated with an additional entry showing charges were later "dismissed" post-conviction. A preferred alternative is a "pre-conviction" dismissal, in which a defendant enters a not-guilty plea, completes certain agreed-upon training, programs, or community service, and is thereafter rewarded with a true dismissal of charges wherein the record or "rap sheet" makes no mention of a conviction whatsoever. But not all jurisdictions entertain pre-conviction dismissals. Good Luck. ... Read More

Q. Was Watson Advisement properly used for speeding over 100 mph in California?

June 26, 2025

A: This seems to be an example of judicial activism/overstepping. If you would like to phone me to discuss this at no charge, you can reach me at the number shown in my profile.

Q. How to contest a speeding ticket due to malfunctioning speedometer in court?

June 22, 2025

A: Intent is not an element of guilt in a speeding violation. The real issue is not the accuracy of the driver's speedometer, and not even whether the driver was aware he was speeding. The central issue is the accuracy and reliability of the Officer's speed detection equipment or opinion that a driver was exceeding the speed limit. California expects drivers to ensure that they operate their vehicles in a lawfull manner. An "I didn't know . . . " defense may lessen the penalty for some traffic infractions under certain circumstances, but it will not absolve guilt, and it could backfire, suggesting additionally that the driver was negligent in the maintenance and opearation of his vehicle. ... Read More