Mr. Wishek's practice emphasizes the defense of persons and businesses accused of crime or facing regulatory or professional discipline, including aggressive representation through independent investigation during government and law enforcement investigations. His practice includes criminal and white collar defense on behalf of corporations and businesses, individuals, public officials, and licensed professionals, including regulatory and professional licensing defense.
He has experience in defending almost every kind of criminal allegation, including drunk driving and vehicular manslaughter, assault, firearms offenses, rape, embezzlement, insurance fraud, kidnapping, environmental crimes, health care, consumer and tax fraud, and other regulatory crimes. He has represented individuals and businesses in a broad spectrum of regulatory and professional licensing matters, from medical professionals and attorneys to licensed contractors, from an engineering firm to a non-profit drug and alcohol treatment program.
Mr. Wishek is listed in the peer-reviewed publications Best Lawyers in America and Northern California Super Lawyers, and he has received an AV rating from Martindale-Hubbell, the highest rating available from this peer-reviewed publication. He has successfully litigated numerous precedent-setting cases for the benefit of his clients in the Court of Appeal and California Supreme Court.
Mr. Wishek is an adjunct professor of law in the trial practice program at the University of California at Davis School of Law, and frequently serves as a presenter on a variety of legal topics in the areas of criminal defense and trial practice. Mr. Wishek serves on the Board of Directors for Clean & Sober, Inc., which provides housing and support services for homeless persons in recovery.
In Re Jennings (2004) 34 Cal.4th 254 — Defendant was erroneously foreclosed from presenting evidence at his criminal trial supporting a reasonable mistake of fact defense that he honestly believed person to whom he furnished alcohol who thereafter drove and caused injury to another was 21 years of age. Conviction reversed.
Ream v. Superior Court (1996) 48 Cal. App.4th 1812 — Statute which tolled statute of limitations for alleged sexual offense was inapplicable where statute expressly required prosecution to be brought within one year of report by victim to law enforcement as victim was unaware of alleged offense. Pretrial writ issued commanding dismissal of criminal action.
Bunnell v. Superior Court (1994) 21 Cal.App.4th 1811 — Wiretap at state prison institution was unlawful under federal law as it was not within the ordinary course of the investigating officer''''s duties. Pretrial writ issued requiring trial court to grant motion to suppress all evidence derived from illegal wiretap.
Hughey v. Department of Motor Vehicles (1991) 235 Cal.App.3d 752 — A driver may not be subjected to a mandatory suspension of their driving privilege for refusing a chemical test under California''''s implied consent law where the driver lacked the capacity to refuse a test due to head trauma sustained in a motorcycle accident. Trial court order granting petition for writ of mandate setting aside suspension of driving privilege by the Department of Motor Vehicles upheld by Court of Appeal.