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Kevin E Mitchell

Kevin E Mitchell

Law Offices of Kevin E. Mitchell
  • Criminal Law, Civil Rights, Personal Injury...
  • California
Claimed Lawyer ProfileQ&ASocial Media

Mr. Mitchell is dedicated to defense by training and experience, familiar with the demands of protecting the interests of the criminally accused. He worked for 7 years as a Public Defender and handled thousands of cases before going into private practice. He has experience in representing individuals in cases involving Homicide, Domestic Violence, DUI, Drug Sales and Possession, Weapons, Elder Abuse, Assault and Battery, Burglary, Robbery, Evading, Gang, White Collar Crimes, Conspiracy and Probation Violations.

He also pursues Civil Right Violations, police misconduct cases, ensuring his clients are afforded their rights or compensation for the deprivation of the same.

If you've been seriously injured in an accident, Mr. Mitchell has experience pursuing Negligence and Wrongful Death actions, negotiating with insurance companies and medical service providers to maximize client compensation.

Mr. Mitchell is comfortable in the courtroom because he GOES TO TRIAL. In the 40 trials he has taken to verdict, he has earned a reputation for intense cross-examination, artful persuasion and zealous advocacy.

Practice Areas
  • Criminal Law
  • Civil Rights
  • Personal Injury
  • DUI & DWI
  • Free Consultation
  • Contingent Fees
Jurisdictions Admitted to Practice
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  • English: Spoken, Written
Professional Experience
Attorney at Law
Law Offices of Kevin E. Mitchell
- Current
Deputy Public Defender
Office of the Public Defender - City & County of San Francisco
Deputy Public Defender
Office of the Public Defender - San Joaquin County
Law Clerk
Law Offices at 885 Bryant
Golden Gate University School of Law
J.D. (2007) | Law
Honors: Witkin Award for Academic Excellence
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University of California - Berkeley
B.A. (2000) | Legal Studies
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Felony Unit Trial Champion 3Q
Office of the Public Defender - City & County of San Francisco
Jury Trial Ace
Office of the Public Defender - City & County of San Francisco
Professional Associations
California Public Defenders Association
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Articles & Publications
I Can’t Breathe: A Black Public Defender’s View
Speaking Engagements
The Art of Plea Bargaining, Lawyering: Ethics in Criminal Justice, San Francisco, CA
Golden Gate University School of Law
New Trial Motions - Questioning Jurors to Support the Motion, CLE Program, San Francisco, CA
Office of the Public Defender - City & County of San Francisco
Websites & Blogs
Legal Answers
11 Questions Answered

Q. What does it mean when someone turns himself into jail and the type of arrest is listed as commitment?
A: That sounds like a situation where a sentence including a jail or prison term was already pronounced or ordered by a judge and that all or some potion of that term remained to be served.
Q. I was recently stopped for failure to maintain lane and after brief explanation I was let go
A: The way you describe it, it sounds unlawful. What the cop has to say to justify the reasonableness of his decision to stop you twice is what matters. If you are charged, ask your attorney to investigate and file a motion to suppress. Whether or not you are charged, you may still file a complaint against the officer, but talk to an attorney first, so as not to incriminate yourself.
Q. How do I contest a very old Open Bench Warrant?
A: I would advise you to contact the public defender's office in the county where the warrant was issued. They may be able to assist you or refer you to someone in the area who can.
Q. Is it possible to refuse a breathalyzer test?
A: Most people do not know there are two breath tests offered by the cops. In California, you may currently refuse the PAS breath test only. This test is the one where the officer asks you on the side of the road to blow into a mobile device. You do not have to. However, you ARE required to provide a breath test on the stationary machine kept at the police station if the officer believes you are impaired by alcohol (blood is required if they suspect drugs.) You may also elect to provide blood instead of or in addition to the breath test on the stationary machine (which I do not recommend unless you have a good reason to pay to retest that sample of your blood later.)
Q. What does "The case is dismissed pursuant to 1385 PC ; re: No useful purpose on the motion of People" mean?
A: You would have to ask the DA listed on the minute order what he or she meant by "No useful purpose" 1385. (a) The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. A dismissal shall not be made for any cause that would be ground of demurrer to the accusatory pleading.
Q. Can I get my charges reduced from a misdemeanor to an infraction?
A: CA Penal Code section 19.8 provides a list of the misdemeanors that may be reduced to infractions pursuant to section 17(d). I would imagine the actual charge when you go to court for a 12500 (driving with no license in possession) will be an infraction, even if the ticket says misdemeanor. If you are charged with a 14601 (driving on a suspended license), that's a little worse, but can also result in an infraction. I have never seen a 12500 misdemeanor actually go to trial. An experienced criminal defense attorney can likely make it go away without you ever setting foot in court, especially with proof of a license. Even if you are charged with some other misdemeanor offenses, not listed in 19.8, an attorney can get you an infraction under certain circumstances.
Q. How are they claiming injuries and no fault in a left turn accident?
A: A similar situation happened to me. California is a comparative fault state. They are going to claim that you were speeding and try to apportion some smaller percentage of fault to you to cause you to recover less money.
Q. return of money police seized. how and what do i file to start the process.?
A: Cash and phones are often seized by police. Certain charges will subject the money to forfeiture proceedings, so it's good that you have your paystub to show the source. You should have received notice from police if it was seized for that purpose. Otherwise, it may be listed as evidence in the police report. Your response is time sensitive so you should consult a criminal defense attorney, especially if you think you're going to face charges.
Q. Im 21 and I have friends that are under 18 what will happen to me if we get arrested
A: If you all get arrested for engaging in any criminal conduct together, you may also find yourself charged with contributing to the delinquency of a minor.
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Contact & Map
Law Offices
885 Bryant Street, 2d Floor
San Francisco, CA 94103
Telephone: (415) 581-0885
Cell: (415) 669-4242
Fax: (415) 581-0887