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Thomas M. Fleming
DUI / DWI Defense · Criminal Defense
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Thomas M. Fleming Has Spent Decades Defending the Accused—and Teaching the Law Behind the Fight
Some criminal-defense lawyers build their identities around a handful of courtroom victories. Thomas M. Fleming built his across three demanding arenas: the California Supreme Court, the public defender’s trial table, and the university classroom. That combination gives his work an unusual depth. He has studied how legal rules are shaped, tested them before juries, and spent decades teaching others how law, power, and constitutional rights collide in the real world.
Fleming’s legal foundation is impressive. After graduating from Yale Law School, he served as a judicial law clerk to California Supreme Court Justice Allen E. Broussard. He then practiced with Pillsbury, Madison & Sutro before beginning the defining chapter of his courtroom career: more than 20 years as a Contra Costa County public defender.
From 1991 through 2014, Fleming represented people who could not afford private counsel, handling criminal and DUI cases and taking numerous matters before juries. Public-defense work is an unforgiving education. The calendar is relentless, the resources are limited, and every client arrives with something consequential at risk. Fleming emerged from those years with the composure of someone who has spent a substantial portion of his professional life confronting prosecutors, challenging government evidence, and making high-pressure decisions in court.
What separates Fleming even further is that his knowledge did not remain confined to the courtroom. He has taught at UC Berkeley since 1995 and is currently identified by the university as a lecturer in Asian American and Asian Diaspora Studies and Ethnic Studies. His courses examine law in the Asian American community and the relationship between racism and American law. He was also appointed a UC Berkeley Chancellor’s Public Scholar and previously served as an adjunct professor of law, teaching criminal-trial skills to future prosecutors and defense attorneys. Fleming has not simply practiced criminal law; he has helped train people to understand, argue, and question it.
In 2014, he established the Law Offices of Thomas M. Fleming and brought that accumulated experience into private criminal defense. His reported outcomes demonstrate why the transition mattered. In one DUI case involving a reported .36 blood-alcohol concentration, Fleming secured a not-guilty verdict. In another matter, a healthcare professional faced felony hit-and-run allegations involving an injured pedestrian and a prosecutor seeking months in jail. Fleming persuaded the court to grant diversion and dismiss the case over the prosecution’s objection, then obtained an order sealing the arrest record.
His DUI record includes similarly significant resolutions. A case involving a reported .16 BAC was dismissed after Fleming identified a late filing and lack of proper notification and successfully challenged the procedural defect. A client arrested with a reported .103 BAC prevailed at the DMV hearing, preserved the client’s driving privileges, and ultimately had the DUI case dismissed in exchange for a speeding citation, traffic school, and limited voluntary community work. Another client accused of driving approximately 100 mph with a reported .13 BAC avoided a DUI conviction, license suspension, jail, community service, and an SR-22 requirement.
Past outcomes never guarantee future results, but these matters reveal the range of Fleming’s defense work: jury advocacy, procedural challenges, DMV litigation, negotiated resolutions, and rehabilitation-focused arguments capable of changing how a court views a client. They also show an attorney who understands that the most meaningful result is not always found in a dramatic verdict. Sometimes it is a preserved career, an unblemished license, a sealed arrest, or the opportunity to move forward without a criminal conviction.
Fleming’s professional stature has also been recognized beyond his own practice. In 2015, he was selected to The National Trial Lawyers’ Top 100 Trial Lawyers, adding formal recognition to a career already defined by public service, courtroom advocacy, and legal education.
Thomas M. Fleming offers a depth of perspective that is difficult to replicate—earned across appellate chambers, public-defense courtrooms, private practice, and decades of teaching. For someone confronting the immense power of the government, that perspective may be his most valuable credential.
That combination of experience, reputation, verified professional standing, and public credibility is why Thomas M. Fleming was included on FreddieFender.com.
Credentials
- Juris Doctor, Yale Law School, 1988
- Bachelor of Arts in Sociology, University of California, Berkeley, 1985
- Bachelor of Arts in Ethnic Studies, University of California, Berkeley, 1985
- Member, California DUI Lawyers Association
- Member, Contra Costa County Bar Association
Career Highlights / Proven Experience
Career Highlights
- Firm Founder: Established the Law Offices of Thomas M. Fleming in 2014 and leads its Walnut Creek criminal-defense and DUI practice.
- Veteran Public Defender: Served from 1991 through 2014 as a senior-level Contra Costa County deputy public defender, devoting more than two decades to defending people accused of criminal and DUI offenses and taking numerous cases to jury trial.
- California Supreme Court Clerkship: Served from 1988 through 1989 as a judicial law clerk to California Supreme Court Justice Allen E. Broussard.
- UC Berkeley Lecturer: Has taught at UC Berkeley since 1995 and is currently identified by the university as a lecturer teaching Law in the Asian American Community and Racism and U.S. Law.
- Chancellor’s Public Scholar: Appointed a UC Berkeley Chancellor’s Public Scholar in recognition of his academic work examining the relationship between law, race, constitutional rights, and legal institutions.
- Trial-Advocacy Educator: Served as an adjunct professor of law from 2000 through 2008, teaching criminal-trial skills to future prosecutors and defense attorneys.
- Court-Appointed Defense Service: Has served on the Contra Costa County Criminal Conflicts Panel since 2014, providing representation in criminal cases in which the public defender cannot accept the appointment.
- Major-Firm Foundation: Began his legal career in private practice as an associate with Pillsbury, Madison & Sutro from 1989 through 1991.
- Academic Honors: Elected to Phi Beta Kappa, graduated with highest honors, received highest honors for his undergraduate thesis, and was selected as a UC Berkeley commencement speaker in 1985.
- National Trial Recognition: Selected to The National Trial Lawyers’ Top 100 Trial Lawyers list in 2015.
- Regional DUI Recognition: The Law Offices of Thomas M. Fleming is currently included among Expertise.com’s recommended DUI practices serving both Concord and Vacaville.
Proven Experience
- .36-BAC DUI Acquittal: Secured a not-guilty verdict in a DUI case involving a reported blood-alcohol concentration of .36.
- Felony Hit-and-Run Dismissed and Arrest Sealed: Obtained court-approved diversion for a healthcare professional accused of felony hit-and-run involving an injured pedestrian, despite the prosecutor’s request for months in jail and opposition to diversion. The court ultimately dismissed the case and granted Fleming’s subsequent motion to seal the arrest record.
- .16-BAC DUI Dismissed: Identified that the prosecution had filed the case late without providing proper notification, filed a motion challenging the procedural defect, and obtained a complete dismissal.
- .103-BAC DUI Dismissed and License Preserved: Successfully defended the client at the DMV hearing, preventing a license suspension, and obtained dismissal of the entire DUI case in exchange for a speeding citation, traffic school, and ten hours of voluntary community work.
- .146-BAC DUI Reduced Despite Prior Felony DUI: Represented a client with a prior felony DUI involving injury who was arrested in a new matter with a reported .146 BAC. The case was reduced to wet reckless driving with only two days of community service.
- High-Speed .13-BAC DUI Charges Dismissed: Obtained dismissal of DUI charges for a client accused of driving approximately 100 mph with a reported .13 BAC. The resulting court disposition preserved the client’s license and avoided jail, community service, and an SR-22 insurance requirement.
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