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Spital and Associates

  • 8880 Rio San Diego Drive, #800
    San Diego, CA 92108 (map)
  • (619) 583-0350

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    Attorney – 48722
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  • On June 16, 2011, the U.S. Supreme Court in the landmark case of J.D.B. v. North Carolina, Case # 09-111121, http://www.supremecourt.gov/opinions/10pdf/09-11121.pdf
    held police must consider age and school setting when questioning a child and, therefore, whether they are required to give a Miranda warning. This case involved a thirteen year old seventh grade special education student who was removed from his class, and then taken to a closed door meeting with the school Assistant Principal and questioned by police regarding two burglaries. The U.S. Supreme Court determined that children would not reasonably believe they could leave a room when questioned by police in a school setting and, therefore, must be given a Miranda warning. In other words, this type of a setting was deemed overly coercive because children inherently obey authority and are generally under the belief they must remain in the office and answer questions by a school administrator.

    Neither the police nor the school administrators first advised the thirteen year old student of (1) his right to remain silent pursuant to the Miranda warning when questioned; (2) that he was free to leave the room; nor (3) was he afforded an opportunity to talk with his grandmother or legal guardian. After questioning for about forty-five minutes, the student admitted to the burglaries. Juvenile petitions were filed against him, and after a hearing the court adjudicated J.D.B. delinquent. The North Carolina Court of Appeals affirmed as did the North Carolina Supreme Court, holding he was not in custody when he confessed to require a Miranda warning. The U.S. Supreme Court granted Certiorari and reversed the judgment of the state Supreme Court. Essentially, children must be given the same Miranda procedural safeguards that are guaranteed to adults.
    – Feb 13, 2012 at 9:13 am

  • In the case of Board of Registered Nursing vs. Kristin H.,on
    January 31, 2012. the Board of Registered Nursing Withdrew and Dismissed the Accusation previously filed against Kristin H. and now there is No Public Record and No Disciplinary Action. The underlying facts are: BRN charged nurse with incompetence and unprofessional conduct as a result of a 58 year old patient admitted to the Hospital with polycystic kidney and end stage liver disease, had an adverse reaction to the medication, his condition continued to deteriorate and later died. Kristin was the preceptor for another nurse who administered a medication written by a physician without verifying the medication order and dosage with the hospital pharmacy. The alleged incompetence was Kristin's failure to perform an intensive review of medications for this patient before any medications were given to him; her alleged failure to provide adequate supervision to the other nurse assigned as her orientee; and, her failure to review and note the correct dosage of the medication on the Medication Administrative Record for the patient. With testimony and evidence from multidisciplinary forensic experts and compelling legal and factual arguments made by my law firm, the Accusation was dismissed and case closed by the Board of Registered Nursing.
    – Feb 02, 2012 at 12:37 pm

Criminal Defense Attorneys

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Spital and Associates • San Diego, CA

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Samuel Spital Managing Attorney

Samuel Spital Managing Attorney

We are one of California's highest rated criminal defense attorneys. We have been in service since 1971 handling criminal law cases of all varieties, in the investigative stage, arrest, formal misdemeanor and felony charges, probation violations or appeals of crime convictions. We offer persistence, passion, perfection and winning solutions; defeat is no option.

We represent adults and juveniles who face investigation in state and federal courts in San Diego for possible:

* drug
* theft
* embezzlement
* fraud
* burglary
* robbery
* rape
* sex and molestation
* homicide
* domestic violence
* bribery
* assault crimes
* charges of felony or misdemeanor crimes
* probation violations (including reduction and termination of probation cases)
* all criminal appeals and writs



TESTIMONIAL
Michelle C. Criminal Defense Client
Temecula, California

SAM SPITAL STOPPED ALL CRIMINAL & CIVIL LIABLITY FOR ME: I contacted Sam Spital for legal advise when I was threatened with hundreds of thousands of dollars in civil liability AND a serious complex criminal case. Sam Spital personally handled everything from the beginning of the case to the end of the case. All my prayers were answered and for once I could relax knowing Sam Spital has taken over and was on my side. He is right the first time; I had a truly winning result.

If you, your family or your friends want to level the playing field and losing in not an option, SAM SPTITAL IS YOUR GUY! He is competent, professional and his fees were quite reasonable. Sam always answers your calls and emails immediately. You just don't find a lawyer like that anymore. You have to go through a chain of calls. Sam Spital is always right there with a peace of mind for you. I would use him again with no doubt in my mind. Should you have any questions, I am always willing to talk to someone about my experience with Sam. Best of luck to you. Michelle C.


TESTIMONIAL:
Susan, Criminal Defense Client
San Diego, California

Sam Spital provided me with priceless, honest advice. Mr. Spital personally answered the phone with every call. If you are looking for the best to represent you, look no further because you found the right attorney in Sam Spital.


TESTIMONIAL:
Joey H, - Three Strike Felony Defense Client
San Diego, California

My family retained Sam Spital and he and two other associate attorneys worked tirelessly to get my major three-strike felony case with four (4) additional current Felony charges, Prison Priors and Enhancements, reduced from a 25 years to life sentence to only a 5 year and 10 month term (with good behavior).

Not only a victory, but a godsend.

Sam and his team worked a miracle and I will forever be grateful.


TESTIMONIAL:
Mike L - Domestic Abuse Defense Client
Canyon Country, California

Sam Spital and Associates provided my Domestic Violence criminal case with impeccable service, a complete sense of empathy and a court presentation that was indeed outstanding. My case was complex, I had three previous attorneys, but the Spital Law Firm made it very simple in the courts eyes. Mr. Spital and his associate promptly returned every phone call and replied to every email that I sent. In the end, the Spital and Associates and his team of lawyers successfully represented me and today I am a free man because of their professionalism and integrity. I highly recommend the services of Sam Spital and plan to retain his services in the future as well..


TESTIMONIAL:
William R. - Fraud Defense Client
Escondido, California

Samuel E. Spital is the most competent and honorable attorney to ever make my acquaintance. He loves the law and is extremely generous with his legal knowledge. Most importantly, he has a genuine concern for the overall well being of his clients and will not participate in a legal action that he believes is not in their best interest. I have consulted with him three times now and each time he has talked me out of filing a lawsuit and then refused any compensation for his time. Considering legal action is a frightening thing and picking an attorney out of the phone book is a daunting task. Do yourself a favor and give Samuel E. Spital a call.

TESTIMONIAL:
Johanna C - Battery Defense Client
El Cajon, California

My Daughter was charged with FELONY- BATTERY WITH SERIOUS BODILY INJURY. I called Spital and Associates and spoke to Samuel Spital on the telephone. I was nervous because I did not know anything about Sam, but he made me feel I made the right choice.

Samuel Spital personally handled the criminal case and treated us as his most important case. When I talked to Sam, I felt as I was talking to a family member. Sam was always available to answer my questions. He took the time to listen to my concerns, he was very compassionate. Sam Spital and his team of professional attorneys got the charges down to a MISDEMEANOR- Disturbing the Peace and under $300 Fine.


TESTIMONIAL:
Terry T - DUI Defense Client
Winchester, California

I ran into some trouble with the law and received a DUI. Not sure what to do, I found a lawyer to help me. I selected SAM SPITAL since I remembered his name from living in San Diego before. I called his number on a Sunday afternoon and got a call back that same day. I did not think lawyers worked on the weekend, but lucky for me Sam did. He took the time to listen and give advice on my case. He also wanted to help me help myself, so not to repeat the same thing over! Sam connected me with the right people and I got back on the right path. He guided me though the criminal process and answered all my questions. I am doing much better today and making better choices. Thanks for your help Sam.


TESTIMONIAL:
Kim F - Criminal Defense Client
Las Vegas, Nevada

Sam Spital and his team of attorneys handled the charges filed against me. They were easy to work with...always there when I needed them and got the best possible results for me.


TESTIMONIAL:
Robert C - Criminal Defense Client
San Diego, California

Sam Spital is the man! If it weren’t for him I wouldn’t be free right now to be able to seek the professional help I need for my alcohol and drug problem. Sam set a precedent in having my BAIL REDUCED from a staggering $930,000.00 to a reachable $10,000 so I could bail out of jail to be able to work on my problems that got me there in the first place. Thanks Sam.


TESTIMONIAL:
Lawrence P - Felony Defense Client
San Diego, California

A short time ago, I faced an undeniable case involving TWO (2) FELONY CRIMES and up to three years in State Prison . Instead, a plea was negotiated in which I have ONE (1) MISDEMEANOR, with NO JAIL TIME, minimal Public Work Service and a relatively minor fine. Sam Spital worked on my case and obtained the best possible result for me.

I really appreciate everything Spital and Associates has done. If it wasn't for Samuel Spital and his team of attorneys, I wouldn't be where I am. When this event occurred, I felt my life was spiraling down and I didn't have control. After meeting with Sam Spital and one of his associate attorneys, they made me realize people make mistakes. Sam promised he would work his hardest to reduce the charges and through the efforts of Samuel Spital and his associate this objective was realized beyond my imagination. I am truly grateful for Spital and Associates also putting my life into perspective and making me realize what is really important.

Through the counseling and advice of Samuel Spital and Associates they did not just help me with my legal troubles, but I found out a lot of things about myself and I am a better person because of it. You can say this experience has shown me the light and I am looking to better days because of it.


TESTIMONIAL:
DUI Defense Client
San Diego, California

I could not believe that you actually answered my phone call at 2 in the morning. You took my case with such confidence and assured me the entire way what my rights were and the choices we had. I wasn't an easy client, I called you often with lots of questions, and my case was complicated. Yet, you were professional, supportive, and advocated for me all along. Your experience and knowledge definately helped me achieve the results I needed; and, now I am able to move forward in my life. Thank you so much!!!


TESTIMONIAL:
JILL, Litigation Defense Client
San Diego, California

This guy is Truth, Justice and the American Way! He is how every lawyer should be. Whatever your problem, he has an answer, or can steer you in the right direction for a solution. He takes the time to answers questions, returns emails and calls. Even on weekends. I sent an email on a Sunday morning. Soon after hitting send, my phone rang. It was Sam giving me the advice I was seeking.

TESTIMONIAL:
CAROL, Litigation Client
Paso Robles, California

I made one error that nearly cost me my 33 year career. I had been fighting without legal counsel for one year and was quickly losing ground. Sam immediately gave me hope and energy to continue the fight. He focused on the "offense" while also presenting a "defense. " He put in place the right team of distinguished specialists, highly regarded forensic experts, and key witnesses in order to make a powerful presentation. The results were spectacular and there was no actual trial or hearing. He clearly is an experienced, energetic and highly talented lawyer.

Living hundreds of miles was not a concern and I had the sense that Sam was right here in town. He answered my calls 24/7 and with a compassion that was amazing. He truly cared about me personally and is an amazing lawyer and person.


Question and answer

Q. What advice do you have for a customer looking to hire a provider like you?

A. There are restrictions on how high BAIL can be set in San Diego. The Eighth Amendment to the U. S. Constitution requires that bail not be excessive. This means bail should not be used to raise money for the government or to punish a person for being "suspected" of committing a crime.
The purpose of bail is to give an arrested person in a criminal case their freedom in San Diego until convicted of a crime, and the amount of bail must be no more than is reasonably necessary to keep a person from fleeing before their criminal case is over.

Some judges in San Diego allow and/or set a high bail in particular types of criminal cases (such as those involving drug sales or rape) to keep a suspect in jail until the trial is over. This is often referred to as bail set for "preventative detention," and we as your San Diego Criminal Defense Lawyers contend this violates the Constitution, even though the practice has continued in many courts.

Q. If you were a customer, what do you wish you knew about your trade? Any inside secrets to share?

A. Even though the law enforcement claims you are not a "suspect" and prefer to label you a "person of interest," you should exercise your right to remain silent and immediately secure criminal and DUI legal advice and representation for your San Diego criminal case. Innocently, you may make inconsistent statements and/or be lulled into making what the prosecutors could, later, call an admission.

You could face life long consequences, both in your professional career now or in the future . If convicted of a crime and you later desire to obtain government employment, a background check is performed by a prospective employer, and/or you seek to obtain a professional license from the State of California or already have a State Board License, you will face challenges to obtain or keep your license.
In every criminal conviction, you face criminal penalties, such as incarceration in the county jail or state or federal prison, fines, court fees, court ordered formal (or informal) probation, a work furlough program, community service, restitution and more . The terms and conditions of probation in a criminal case in San Diego are varied and may include Superior Court ordered counseling, special and required classes (such as anger management) as well as lifetime registration as a sex offender (RSO).

Q. What questions should a consumer ask to hire the right service professional?

A. Sam Spital provided me with priceless, honest advice. I recently found myself in a scary predicament facing several felony counts. I picked up the phone and called Mr. Spital on a Saturday evening. Not only did he answer the phone, he offered me priceless, honest advice every step of the way. With the case dismissed, I can't thank Mr. Spital enough for his years of experience and personal care. There are many attorneys in San Diego, but if your looking for the best to represent you, look no further because you found the right attorney in Sam Spital. Posted by Susan, a Criminal Defense client

I recently was convicted of a crime and nearly lost my professional license. Mr. Spital not only took my calls in the evenings, he even returned my calls on the weekends! That is unheard of, as most lawyers won't even personally return a clients call. Mr. Spital was on the ball, didn't miss a beat, and was proactive. He was patient and listened to everything I had to say and really took the time to evaluate my case to the fullest extent. His rate was comparable, if not less than other law firms I had spoken with. I hope I never have to retain a lawyer again, but if I did, it would be Sam Spital. Furthermore, I would recommend him to my own friends and family members. Spital and Associates is a top QUALITY law firm. Posted by Bentley, a criminal & administrative law defense client.

Spital and Associates handled my case in which I was being threatened for breach of contract, negligence and collusion to cause harm to a business from a prior employer. Sam Spital and his Associate, Elizabeth literally dissected the plaintiffs case and proved, point by point, how their pending lawsuit would have been frivolous, held no merit and could possibly have been grounds for the plaintiff's attorney to be reprimanded and possibly disbarred. Needless to say, nothing ever transpired from my prior employer and I never heard from their so called "lawyer" again. Sam is easy to speak to and always available and I recommend his service. Posted by: David, a Litigation client

Q. What important information should buyers have thought through before seeking you out?

A. You have Multiple Rights and Consitutional Guarantees:
1. Right to Effective and Successful Legal Counsel in every criminal case
2. Right to Remain Silent in an encounter with law enforcement
3. Right to Speedy Trial if charged with a crime
4. Right to imaginative use of Criminal Discovery Rules & Procedure in a criminal trial
5. Right to Subpoena and Compel Witnesses to Testify in your criminal trial
6. Right to use cost-effective and distinguished Expert Testimony in your criminal case
7. Right to aggressively Cross Examine and Confront the Prosecution's Witnesses in the criminal matter
8. Right to challenge the introduction and use of all evidence throughout the criminal proceedings
9. Right to a Jury Trial
10. Right to assert all Constitutional defenses in every step of the criminal investigation, criminal arrest and criminal case
11. Right to employ Demonstrative Evidence in the criminal trial
12. Right of Presumed Innocence
13. Right to Testify on Own Behalf in the criminal trial
14. Right to assert Creative Options when we stand as your "master" of persuasion
15. Right to negotiate Lesser Offenses and Reduced Sentences
16. Right to Appeal adverse rulings, appealable errors and improper Decisions


Q. Why does your work stand out from others who do what you do?

A. 1. We focus on results and we deliver uncompromising solutions.
2. We are masters of persuasion.
3. We are wildly successful because we work as long and as hard as it takes to obtain winning results.
4. We are driven to perfection.
5. We are people-centered, we care about our clients and seek to fulfill their goals and expectations.
6. We want to know our client's present concerns and seek to inform them of the consequences and alternatives in the future.
7. We ask "why not" and not just "why."
8. We are tough, smart and know the law.
9. We have superior ethics.
10. We do not take things for granted.
11. Defeat is not an option.

Q. What do you like most about your job?

A. 1. We listen and we hear our clients.
2. We feel the pain and fear of our clients.
3. We are passionate about pursuing more than the status quo.
4. We are driven as much by emotion as reason, logic and intelligence.
5. We want to level the playing field.
6. We believe our clients should not be defined by an isolated misdeed or even a series of bad decisions that result in a criminal investigation and/or a criminal arrest or criminal charge.
7. We not only want to win our client's criminal case, but we want the government to be held accountable.
8. We are dedicated to winning and develop powerful strategies.

Q. What questions do customers most commonly ask you? What's your answer?

A. 1. Do you employ private investigators? Yes, and our senior investigator is a former FBI Special Agent.
2. If I committed a crime, why shouldn't I just plead guilty? Because the law presumes one is innocent and the prosecution has to prove its case beyond a reasonable doubt. Our role is to be proactive, developing both powerful defense strategies as well as a tactical offense.
3. Can I rely upon your law firm? We mean what we say and say what we mean. We deliver superior service, excellent client relations, powerful advocacy, competent and effective results.
4. We look for common grounds, we establish shared principles, and we have faith and confidence in our clients.

Q. What do you wish customers knew about you or your profession?

A. We can help you obtain a bail bond in your San Diego criminal case. Call Samuel Spital and Associates for a referral for a family member or friend who is in custody to obtain bail and get him or her immediately released.

In San Diego, Bail allows you to be released from jail, unless you receive an O.R. (release on your own recognizance - payment is waived on the condition you promise to appear in court). In general, defendants released on "O.R. status" have strong ties to the community, making them unlikely to flee.
Factors that may convince a judge to grant an O.R. release include the following:

You have little or no past criminal record, or any previous criminal problems you had were minor and occurred many years earlier whether in San Diego or not.
You have other family members (most likely parents, a spouse or children) living in the San Diego community.
You have resided in the San Diego community for many years.
You have a job in San Diego.
You have been charged with previous crimes, but have always appeared as required (in other words, there have been no prior arrest warrants or "failures to appear").
You may either pay the bail amount with a cashier's check, credit card, or cash equivalent (real estate). In the alternative, you can use a bail bondsman who works with a surety company to provide a bond (insurance) to the court that will guarantee you will make your future court appearances.

We can go to Court the same or next day to have bail reduced or the defendant is released without bail. Paying money for bail, therefore, may not be necessary.

Q. How did you decide to get in your line of work?

A. I grew up poor and it was a struggle to survive financially. What I did have, however, was a strong work ethic and an imagination and passion to level the playing field.
At a very early period in my legal career, I sought to deliver legal services in a previously unconventional way by being a pioneer in legal advertising and offering free consultations to the public -- no matter how small a case they might have. It was not only the right thing to do, but the only thing - a greater purpose!
My dream was to share with prospective clients that life is only ten percent what happens to you, and ninety percent how one responds to it.

Q. Tell us about a recent job you did that you are particularly proud of.

A. The Board of Professional Engineers and Licensed Surveyors filed a formal Accusation against a Civil and Geotechnical Engineer for fraud and incompetence in multiple projects. We presented overwhelming evidence to refute all of the charges. In an unprecedented decision, the BPELS withdrew the Accusation, the case was closed, and no disciplinary action exists on the license.
In a second and unprecedented case, the Board of Registered Nursing filed an Accusation alleging multiple counts of Unlawful Possession of an Illegal Substance, Failure to note administration of medications on MAR (Medication Administration Record); and Falsification of Hospital or Patient Records. After a painstaking investigation by my law firm, it was determined that another RN had gained access to the PYXIS machine and committed these acts of unprofessional conduct. The Accusation was withdrawn, the case was closed and no disciplinary action exists on the license.

Testimonials

  • August 14, 2011

    This guy is Truth, Justice and the American Way! He is how every lawyer should be. Whatever your problem, he has an answer, or can steer you in the right direction for a solution.
    He takes the time to answers questions, returns emails and calls. Even on weekends.
    I sent an email on a Sunday morning. Soon after hitting send, my phone rang. It was Sam giving me the advice I was seeking.

    – Jill

  • July 15, 2011

    BEST lawyer in town!!!!! Don't look any further

    I recently was convicted of a crime and nearly lost my professional license. Mr. Spital not only took my calls in the evenings, he even returned my calls on the weekends! That is unheard of, as most lawyers won't even personally return a clients call. Mr. Spital was on the ball, didn't miss a beat, and was proactive. He was patient and listened to everything I had to say and really took the time to evaluate my case to the fullest extent. His rate was comparable, if not less than other law firms I had spoken with. I hope I never have to retain a lawyer again, but if I did, it would be Sam Spital. Furthermore, I would recommend him to my own friends and family members. Spital and Associates is a top QUALITY law firm.

    – Bentley

  • May 26, 2011

    Sam is a superb lawyer I have worked with on several cases regarding professional board licensing disputes (I was the psychologist who conducted evaluations on Sam's clients). Sam is very knowledgeable, extremely diligent, people-centered, and clearly cares about his work and his clients. Sam has the best work ethic of anyone in his business or mine! He is the best lawyer I have worked with, from professionalism, to attention to detail, to being personable and very reachable by phone and email. Our shared clients had only praises for Mr. Spital's work ethic, quality of work, and professionalism as well. Sam constantly goes above and beyond the call of duty each and every time. I am always amazed at the quality of work Sam produces.

    I highly recommend Sam whether you are a client who is seeking legal representation, or another professional who regularly works with lawyers on shared cases. Sam treats everyone with the utmost respect and is thoughtful and considerate in all correspondences. Sam is both directive and team-oriented in his approach in working with other professionals, and values integrity and professionalism in his work. His services are second to none and he has had countless years of experience in a variety of practice areas. Sam is results focused and he will deliver the solutions that you are seeking!

    – Judy

  • May 20, 2011

    Spital and Associates handled my case in which I was being threatened for breach of contract, negligence and collusion to cause harm to a business from a prior employer. Sam Spital and his Associate, Elizabeth literally dissected the plaintiffs case and proved, point by point, how their pending lawsuit would have been frivolous, held no merit and could possibly have been grounds for the plaintiff's attorney to be reprimanded and possibly disbarred. Needless to say, nothing ever transpired from my prior employer and I never heard from their so called "lawyer" again. Sam is easy to speak to and always available and I recommend his service.

    – David

  • May 20, 2011

    I was what I think a victim of bad representation of my case from another lawyer and end up having more cases as a result of it. I have been working with Atty Samuel Spital for few months now trying to save my lincenses. He is very knowledgeable, professional in his dealings, caring, concern, lots of time to listen, inspirational, supportive, flexible, hard worker, goes beyond his call of duty and a lot more that a client wants their Lawyer to possess. I had talked to several Lawyers before him regarding my cases but on the first day I had talked to him, I already had a gut feeling that he is the right lawyer for me. If there is one of the best, biggest decision in my whole life that I had made, that was choosing " Atty Samuel Spital" to represent me in my cases.

    One of the things I remember about my father who is also a Lawyer, is how he had made difference on peoples lives as he does his duties as a lawyer representing his clients. Since then I had a high regards and respect on Lawyers.

    If theirs a bad thing that I had learn from my past representation from a Lawyer is, that their are Lawyers out their that does
    not care what will happen to their clients life as a result of the representation that they do. The good thing though is that there are still good Lawyers out their that beleive in making a difference in peoples lives like "Atty Samuel Spital". I highly beleive that If only I had Atty Samuel Spital the first time I wont be on this delima I'm in now .

    I am bless and honored to have "Atty Samuel Spital" as my lawyer in my case

    – Nanie

  • March 20, 2011

    Sam Spital is nothing short of a TOP Quality Attorney! He went above and beyond for me, for my case, for my professional license. He took my calls during the evenings. He always answered my questions and was diligent to get the job done for me. Ultimately, my charges were decreased, and my professional license was not effected!! Thank you Mr. Spital

    – Johanna

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