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Irvine DUI Lawyers

1. Cordova, Ron: Federal Offenses Criminal charges can be filed in either state or federal courts. While modern state offenses are codified in statute, they grew out of the centuries-old common law and are therefore very broad in scope. Federal offenses, however, must be based on a specific federal statute. Federal offenses are therefore more narrowly drawn and precise in their scope. Many federal offenses, such as narcotics trafficking or manufacturing, and white collar crimes such as bank and tax fraud and money laundering, could be charged as state offenses as well. In general, penalties for drug offenses tend to be more severe in the federal courts than the state courts, while white collar crimes are punished more severely in state courts. State Misdemeanors & Felonies Whether a crime is a misdemeanor or a felony depends upon how it is classified by the state. In general, a felony is an offense which is potentially punishable by a year or more in prison, while a misdemeanor is punishable by less jail time and/or fines. Some crimes can be charged as either misdemeanors or felonies, generally depending upon factors such as the severity of the offense, whether it is a first or repeat offense, whether a weapon was involved, the status of the victim, and other considerations. Child Abduction Kidnapping involves taking a person against his or her will, and confining that person to a space under the control of the kidnapper. Child abduction can include situations where a non-custodial parent takes the child without legal authority, often leaving the state or even the country. Child abduction and kidnapping are examples of crimes that may be state or federal offenses, depending upon the circumstances. Criminal Threats Criminal threats cases are generally difficult cases for the prosecution to prove. Among the different elements that constitute a criminal threats charge, the prosecution must establish that the recipient of the alleged threat was in reasonable sustained fear for his or her safety. The prosecution must also prove that the defendant intended for the statement to be understood as a threat. Moreover, the threat must not be remote in time and must appear to the threatened person that it could actually be carried out in the immediate future. Domestic Violence A temporary restraining order (TRO) is available for someone who has been the subject of verbal or physical abuse by someone in a close relationship, such as a spouse or other relative, or a boyfriend/girlfriend. The TRO can order the alleged abuser to keep a certain distance from the subject of the order, including moving out of the house. A civil harassment restraining order is available against a neighbor, roommate or co-worker for stalking or other forms of abuse. The person against whom the order is sought will have the right to challenge the order in court before it can be extended beyond an initial, temporary period. Domestic violence restraining orders are sometimes sought in the midst of divorce proceedings as a tool to gain advantage in a divorce. For instance, the court in most cases will not grant custody of a child to a parent with a history of domestic violence. Driving Under the Influence (DUI) DUI cases can be complex, involving scientific theories on blood alcohol content, field sobriety tests, and a host of other issues. The potential penalties for drunk driving offenses can be significant, leading to jail time, high fines, probation, and immigration consequences if you are not a U.S. citizen. Environmental Crimes State and federal laws contain many regulations dealing with safeguarding the environment, such as keeping air, land, and water free of hazardous waste and toxic chemicals. Much of this regulatory framework involves civil penalties, but criminal charges may be sought where violation of laws and regulations is thought to be willful or particularly reckless. Extradition Extradition generally involves transferring the defendant from one state to another state, where there are pending charges against the defendant. A principal issue that arises in extradition cases is the issue of identity--whether the defendant is in fact the person the other state is looking for. The rise in identity theft, and accompanying rise in crimes committed by identity thieves, makes this scenario more and more likely to occur. Federal Habeas Corpus Federal habeas corpus matters are extremely complex, and typically the most qualified and experienced criminal attorneys handle these types of matters. In general, federal habeas corpus is a procedure that allows defendants to ask the federal court to review the legality of their incarceration, in most circumstances after the defendant has filed a direct appeal of his or her conviction. Homicides & Murders Homicide is the unlawful killing of a human being. There are many different offenses which fall under the umbrella of homicide, from involuntary manslaughter to first degree murder. Intent is the main element which differentiates homicide offenses, although there are many other factors involved. A person can be charged with one offense, such as murder, but then convicted of a lesser included offense, such as manslaughter. The potential penalties for the various offenses vary drastically from one to the other. Juvenile Offenses Juvenile offenses include similar offenses as adult criminal offenses, such as theft, vandalism, and assault. However, the laws, system, and purpose of the juvenile justice system are separate and distinguishable from the adult system. Whereas the goal of the adult criminal justice system is to promote public safety, the goal of the juvenile system is to treat and rehabilitate juvenile offenders. Narcotics Offenses Narcotics offenses can be charged in either federal or state court, depending on a variety of factors, such as the seriousness of the case and the amount of drugs that are found. Common drug crimes include distributing, possession with the intent to sell, transporting, manufacturing, and trafficking drugs, such as heroin, cocaine, marijuana, methamphetamine, and a variety of other controlled substances. Probation Violations & Warrants A person convicted of a crime may be placed on probation after serving part of the sentence imposed, or in lieu of serving any incarceration time at all. Probation comes with many conditions attached, and any probation violations will most likely result in a term of incarceration. A probation violation may lead to an arrest warrant being issued and a subsequent hearing in court or before an administrative agency. Search and arrest warrants must be issued only in accordance with certain constitutional requirements. The sufficiency of warrants can be challenged at various stages in a criminal proceeding, and often play a major role in a case. Evidence or even whole cases can be thrown out on the basis of a warrant that was wrongfully obtained or improperly executed. Rape & Other Sex Offenses Rape is the forcing of sex upon another without that person's consent. However, many sex offenses, such as statutory rape, solicitation, prostitution, and possession of child pornography, do not require a non-consenting victim. Conviction of any sex offense can be devastating and life altering. Possible consequences include lengthy jail or prison terms, fines, and registering as a sex offender. Theft & Property Offenses The common law recognized a wide variety of property offenses, such as burglary, robbery, larceny, embezzlement, and false pretenses. Most states have obliterated the distinctions among various offenses with modern statutes that outline a broad category of offenses under the heading of theft. Theft offenses may be felonies or misdemeanors, often depending upon whether they involved violence directed against the victim, and the amount of property involved. Penalties for conviction of theft offenses range from the requirement to make restitution to serving lengthy prison sentences. Theft offenses involving bank fraud, securities and negotiable instruments may be prosecutable by federal as well as state authorities. Weapons Charges Weapons charges typically involve sale or possession of a firearm that has not been properly registered, or carrying a concealed weapon in violation of state laws. Both federal and state laws are at play, resulting in a complex web of laws and potential charges for alleged violations.
2. Earley, Jack: Predominately criminal practice, handling cases for trial, and on appeal, including homicide cases and death penalty cases.
3. Sena, Staycie: DUI & Drug Crimes DUI California law makes it illegal to operate a motor vehicle (car, truck, motorcycle, or boat) while under the influence of drugs and/or alcohol. Additionally, the state of California makes it illegal for a person to operate a motor vehicle with a blood alcohol concentration of 0.08% or higher. When a person violates these laws, he/she can be charged with driving under the influence (DUI). Driving under the influence is a serious crime, but all too often, people take DUI charges lightly. A DUI conviction can result in jail time, fines, a driverŐs license suspense, mandatory DUI school, probation, the loss of a job and even a professional licese. If you have been charged with a DUI in Orange County, you need to consult with an experienced DUI attorney. An attorney will evaluate your case, review the results of your blood alcohol and field sobriety tests, and investigate the circumstances surrounding your arrest. Through this thorough examination, law enforcement errors may be revealed, which may change the entire course of your case.
4. Braden & Tucci A drunk driving arrest triggers two separate legal actions against you. One is the criminal action. The other is the DMV civil action to automatically suspend your license. Often with proper and aggressive representation, it may be possible to have the charges dropped or reduced without the expense of trial.
5. Devore, Mark: It may not seem like a big deal, but a DUI arrest is a serious criminal offense. Not only have you broken the law, but you have also endangered the lives of innocent drivers and passengers on the road around you. If convicted, you could potentially face a number of unfavorable legal penalties, such as steep fines, probation, time in county jail, and the suspension of your driverŐs license. If you have been arrested for DUI, an attorney with extensive experience in handling these types of cases is the best way to protect yourself and your rights.
6. Gregory Lee: 1. What are the types of driving police officers look for when they are patrolling the roads? The initial things that may alert a police officer to your vehicle are: a) going back and forth over the bots dots b) speeding c) Erratic braking d) Near accidents e) Slow response to traffic lights and signs f) Turning abruptly g) running red lights h) Swerving i) failing to stop at stop signs j) Following too closely k) Driving off the designated road l) Looking intoxicated m) Using the wrong turn signal n) Drifting o) Weaving 2. What should I say to the police officer that stops me and asks me if I have been drinking? You do not have to respond to the police officer's questions regarding drinking. As soon as the police have stopped you they are gathering evidence against you. Other than requesting your license, registration and insurance information, the police cannot force you to answer any questions. 3. Do you have the right to speak to an attorney before submitting to a field sobriety test? Yes. In California, you do not have the right to consult an attorney before deciding whether to submit to a field sobriety test. However, the police can ask you questions concerning your drinking without an attorney present but you do not have to answer. 4. Should I agree to perform field sobriety tests (FSTs)? No. You are not legally required to perform any of these tests. Field sobriety tests can include a variety of physical tests including: heel-to-toe, finger-to-nose, one leg stand, counting numbers, alphabet recitations, fingers to thumb among others. . Whether you pass or not is a very subjective determination and the officer may deem you to have failed even if you felt you did very well. This evidence can then be used to help convict you of DUI. It is often a good idea to politely decline these tests. 5. Should I submit to a Preliminary Alcohol Screening test? No. This is a test commonly known as the PAS test. It is a hand held portable device that can measure your blood alcohol. The police will tell you that this is not required. 6. Should I submit to a standard chemical test? Can I refuse? The police officer cannot force you to submit to a chemical test. However, by California law you are required to submit to a chemical or risk the loss of your license. If it is found that you refused the test, your California Driver's License will be suspended for a one-year period by the Department of Motor Vehicles no matter what the outcome of the court case is. You have the right to a hearing to contest this suspension and must request this hearing within ten (10) days from the date of you arrest. 7. What type of chemical test should I take? You are often given a choice of Blood or Breath tests. Blood tests are the most accurate of the tests. If you give a blood sample, the sample must be preserved according to specific rules so that it is available to your attorney for independent testing and analysis later. Breath tests are fairly reliable, but the results can be unreliable for a variety of reasons. No breath sample can be preserved for later analysis 8. Should my case be dismissed if the officer never read me my Miranda Rights? It depends on when and if the officer asks you questions. If he asks questions about your drinking and driving after he has you in custody then he is supposed give you a warning about your 5th Amendment rights, failure to do so usually does not merit a dismissal. However, if an officer fails to inform you of these rights, the prosecution is not allowed to use your answers to their post arrest questions as evidence of your DUI. 9. Why do I have two (2) charges against me? You are being charged with two separate crimes. In most DUI situations you are charged with [1] driving with a blood alcohol content of .08% or higher, and [2] driving while under the influence of alcohol. You can be convicted of either one or both, but you are only punished once. 10. Why was my driver's license not returned to me when I was released? Your license was taken away by the police and you were issued a notice of suspension. This form is your temporary driver's license for 30 days following your arrest. After those 30 days, your California Driver's License is suspended unless you request a hearing disputing this suspension with the DMV. WARNING: YOU HAVE ONLY 10 DAYS FROM THE DATE OF YOUR ARREST TO CONTACT THE DMV AND REQUEST THIS HEARING. Gregory A. Lee, APLC attorney will be able to contact the DMV for you and represent you at this hearing. 11. What can be done to reinstate my driving privilege if I lost or failed to request a DMV hearing? After 30 days of actual suspension, Gregory A. Lee, APLC can contact the DMV for you and request a restricted license allowing you to drive to and from work and any classes you may be attending. 12. It is my first DUI; can't I just represent myself? You have right to represent yourself. But would you perform surgery on yourself if you needed your appendix out? You are likely to get a much more favorable result if you retain a knowledgeable DUI attorney to represent you. In many cases hiring Gregory A. Lee, APLC can result in the charges being reduced or dismissed. In addition, the need for jail time can often be eliminated. In most cases you will not have to appear in court. Gregory A. Lee, APLC will review your case and the police reports. He will also analyze the results of the chemical tests, compel discovery of the pertinent maintenance records and arrange for blood samples to be tested by an independent lab. There are Motions that can be filed on your behalf with the court and attempt to negotiate a favorable conclusion with the District Attorney. 13. How much will it cost to hire a lawyer? Attorney's fees vary depending on the complexity of the case. A highly qualified DUI attorney will normally charge between $1,500 to $7,500 to handle the case up to trial. Fees for a jury trial often range from $1,000 to $2,500 per day. Representation at the DMV hearing to try to save your driving privilege can range from $500 to $1,500. Gregory A. Lee, APLC fees are very reasonable. Call for a free consultation which will include a fee quote. 14. What is the "rising blood alcohol defense"? This is a defense technique that may be available to you depending on the amount of time that has elapsed between the time you consumed alcohol and the time of your chemical test. Alcohol that you drink is not absorbed into your blood stream immediately. It can take as little as 30 minutes to as long as several hours for alcohol that you consume to enter into your blood stream. During the time that elapses while your are stopped, transported to the station, and waiting for your chemical test you may still be absorbing the alcohol in your stomach. In other words, your BAC is higher at the time of the test is higher than it was when you were actually driving. 15. Are there any defenses available in a DUI case? While there is no limit to the types of defenses that may be available depending on the facts of any particular case, the following defenses are common in the field of DUI defense. -Lack of probable cause. If the officer did not have probable cause to stop, detain, test or arrest you, evidence against you may be excluded. -Lack of proof you were driving the vehicle. In addition to proving you were under the influence of alcohol, the prosecution must also prove that the defendant was driving the vehicle. If there are no witnesses, this may difficult. -Lack of warnings. If the officer failed to give you Miranda warnings at the required time, incriminating statements made by the defendant may be excluded. Additionally, if you refused to submit to a chemical test and the officer did not appropriately advise you of the consequences of a refusal, evidence of the refusal may be excluded. -Lack of reliable chemical test results. The reliability of the results of your chemical test may be impeached if the machine was not properly maintained, calibrated and operated. -Lack of properly preserved blood sample. If you submitted to a blood test, your blood sample must be preserved and available to you and your lawyer for independent testing. -Lack of reliable observations by the officer. The officer's observations that a defendant "appeared" to be under the influence or that he/she "failed" a field sobriety test can sometimes be impeached. Your attorney can expose the officer's bias or use witness to contradict his observations. 16. Will I miss much time from work because I have to appear in court on my DUI matter? A DUI is usually classified as a misdemeanor, The use a Penal Code 977, which is a Waiver of Personal Presence may be invoked thereby allowing Gregory A. Lee, APLC to appear in court on your behalf without you having to be present. Therefore you will not have to miss work or sometimes more importantly embarrassingly be recognized in court.
7. David Swanson: While worrying about increased insurance rates or the possible loss of your job because you cannot drive, you need to attend to the administrative component of your DUI charge. Too many times, this is overlooked and people needlessly lose their license even before trial or any conviction.
8. Maggio Law Firm: BEING CHARGED WITH A CRIME IS STRESSFUL, and having an experienced attorney to provide aggressive, competent legal representation in the initial stages of a criminal case is vital.
9. Mitchel Hannah: You should consult an attorney for individual advice regarding your own situation.
10. Staycie Sena: Negotiating a Plea Agreement Some criminal charges are dropped after a defendant's defense attorney negotiates with the prosecutor. In some cases, the defendant pleads guilty to a less serious charge in exchange for the prosecutor's agreement to drop the more serious charges. The final decision on whether to accept a proposed plea agreement always rests with the defendant. Depending upon the severity of the crime committed, a defendant who is found guilty may be sentenced to serve some period of probation, to pay a fine, perform community service, make restitution or pay for the monetary losses caused by the crime, or to serve some time in prison. In some states, the most severe crimes are punishable by death. A veteran criminal defense attorney will know how to work with a prosecutor to fashion a deal that provides for the least severe punishment possible. If no deal can be made, the attorney can mount an aggressive defense in court, to convince the jury that the prosecutor cannot prove, beyond a reasonable doubt, that the defendant committed the crime.
11. Rozenberg & Khanjan: If you have been charged with a DUI, donŐt say another word to the police until we are at your side. We know how to help, and we know how to make sure this arrest isnŐt devastating to your family and your future.
12. Pilchman Law: Serious legal problems require immediate intervention from an Irvine attorney who knows how to protect your rights and negotiate the best possible result according to the facts and California law.
13. Hertz Law Offices:

    If you fall within any of the following categories you should consult a DUI SPECIALIST:

    1. Drivers Who Injure Or Kill Others
       
    2. Drivers Who Were In An Accident
       
    3. Drivers With Prior Convictions
       
    4. Drivers Who Have Refusals Alleged
       
    5. Drivers Who Have Levels Of + .20%
       
    6. Drivers Who Hit And Run
       
    7. Drivers On Probation
       
    8. Drivers Under The Age Of 21
       
    9. Drivers Who Were Speeding In Excess Of 30 Mph Of The Posted Speed Limit
       
    10. Drivers Who Have Children Under 14 Years Old In The Vehicle
        
    11. Who Have A Low BAC (.12% Or Lower)

    Judges in many Orange County Courts will treat these drivers differently, from their initial appearance in Court through the final sentence that is imposed. Some of these differences are required by law, such as mandatory minimum jail sentences for certain offenses or for multiple convictions; others are at the discretion of the individual judge. Many judges will set additional bail for multiple offenders and remand them into custody until a bond is posted. Drivers who are currently on probation will have their probation revoked and a probation violation hearing will be set. A probation violation for a prior offense could lead to additional jail time. Drivers with high levels may be required to attend Alcoholics Anonymous Meetings (1-7 Meetings per Week) as a condition of release until the case is over. If you fall within any of the above categories you should consult a DUI SPECIALIST.

    What You Must Know Now About Police Procedure

    Why were you stopped?
    Police must establish that they had reasonable suspicion to detain you in the first place. They must establish that you committed a violation of the Vehicle Code justifying the stop. The National Highway Traffic Administration has published a Guide For Law Enforcement For Observations Of Vehicles In Motion.

    Checkpoints
    If you were stopped at a checkpoint, the police must establish that they complied with Supreme Court guidelines for checkpoints. Click link below to review Mr. Simons' Brief filed in the latest checkpoint case to be reviewed by the United States Supreme Court in Illinois v. Lidster.

    Refusal To Take Chemical Test
    If you Refused to take a test or failed to compete a test, you face a ONE to TWO YEAR SUSPENSION from the DMV. If you are convicted of DUI and the allegation that you willfully refused to take a test is found to be true, there is a mandatory JAIL SENTENCE, you will be required to attend a six month alcohol program and may be compelled to have an ignition interlock device on your vehicle. Some Police Departments will force you to take a blood test even if you refuse and then use the results against you in Court. This is the worst of all possible scenarios since you will be subject to penalties for refusals and the results of the blood test still comes in at your trial. There are many successful ways to defend a Refusal Case. The officer is required to properly advise you of the consequences if you refuse - many officers fail to give the required admonition correctly or confuse a driver. Officers will also improperly deny a driver the right to take and complete a breath test. Our office established that a driver has the Constitutional Right to take a breath test and not be compelled to take a blood test in the landmark case of Nelson v Irvine. Because of the many serious consequences that flow from a charge of willful refusal, drivers are advised to seek the aid of a DUI Specialist even for a 1st offense.

    DUI INFORMATION

    DUI Defenses That Work

    1. The Officer Had No Legal Right To Pull You Over
       
    2. The Police Agency Has Not Complied With The California Code Of Regulations
       
    3. You Were Not Given The Option To Take A Breath Or Blood Test
       
    4. You Were Questioned In Violation Of Your Miranda Rights
       
    5. The Sobriety Checkpoint That You Were Stopped At Was Not Run Properly
       
    6. You Requested But Were Denied The Right To An Independent Test
       
    7. You Have Been Denied Your Right To A Speedy Trial
       
    8. Your Blood Alcohol Level Was Lower When Driving Than When Tested
14. Keller Rackauckas: When your liberty is at stake, having the best defense may mean the difference between resuming your life versus years of incarceration. Even in less serious matters, the collateral consequences are sometimes the most costly as a criminal conviction remains in your record FOREVER in law enforcement data bases. Even a midsemeanor conviction may jeopordize professional licenses (state board membership, medical licenses, CPA status, teaching credentials). Moreover, in the information age, more and more entities are gaining access to criminal records in the course of routine hiring procedures. Thus, it becomes crucial to retain a lawyer so your temporary problem does not result in long term regret.