Rancho Cucamonga DUI Lawyers DUI Lawyers
Rancho Cucamonga
- Cleveland & Metz:
· Negotiate "deals" with prosecutors, often arranging for reduced charges and lesser sentencing (by contrast, prosecutors may be uncooperative with self-represented defendants, or inexperienced attorneys)
· Formulate sentencing programs tailored to a client's specific need
s, often helping defendants avoid jail
· Help clients cope with the feelings of fear, embarrassment and reduced self-esteem that criminal charges tend to produce in many people
· Provide clients with a reality check -- a knowledgeable, objective perspective on their situation and what is likely to happen should their cases go to trial. This perspective is vital for defendants trying to decide whether to accept a prosecutor's offered "plea bargain"
· Are familiar with important legal rules that people representing themselves or non-criminal attorneys would find almost impossible to locate on their own, because many criminal law rules are hidden away in court interpretations of federal and state constitutions (for example, understanding what may constitute an "unreasonable
search and seizure" often requires familiarity with a vast array of state and federal appellate court opinions)
· Are familiar with local court customs and procedures that aren't written down anywhere (for example, a defense lawyer may know which prosecutor has the "real" authority to settle a case, and what kinds of arguments are likely to appeal to that prosecutor)
· Understand the possible "hidden costs" of pleading guilty
· Gather information from prosecution witnesses, who often fear people accused of crimes and therefore refuse to speak to people representing themselves, and
· Hire and manage investigators, psychologists and other "defense team" members
- Beverly Quinn:
The lawyer you choose matters. Your decision could affect the outcome of your case and the course of your life. You should choose an experienced, knowledgeable attorney who will work hard and fight for you.
- Michael Holmes:
Even the most responsible drivers in Southern California can find themselves facing drunk driving charges in a Criminal Court in San Bernardino, Riverside, San Diego, Los Angeles, or Orange County. DUI (driving under the influence) charges are life altering and involve serious consequences. The consequences for driving under the influence of alcohol or drugs can include losing your California license, paying heavy fines, an increase in your insurance premiums - even incarceration.
- Sal Briguglio:
You should consult an attorney for individual advice regarding your own situation.
- Timothy Inkmann:
The Double Jeopardy Clause of the Fifth Amendment, which generally
prohibits the government from putting any person "in jeopardy of life
or limb" for the same offense twice, does not bar successive trials for
the same offense by "separate sovereigns."
- James Sprouse:
If you are involved in a Drunk Driving charge you need experience and knowledge on your side...
- Brian Skibby:
Although a person who commits a misdemeanor cannot be sent to state prison, they face anywhere from zero days to one year in county jail. Misdemeanor crimes consist of smaller type offense such as driving on a suspended license, driving under the influence and drug possession. The District Attorney¹s Office fights just as hard on these cases as they do felonies. As a result, many people end up going to jail believing they could handle their ³minor² case without hiring a lawyer.
Those who face misdemeanor charges are usually arrested and then released. They are asked to sign citations and noticed to appear in court at a later date anywhere from a month to three months later. At arraignment one is asked to plead guilty or not guilty.
Rancho Palos Verdes
- Laurence Donoghue:
If you or a loved one has been arrested or accused of a crime in California, we urge you to exercise your right to remain silent and seek legal advice immediately.
Rancho Santa Margarita
- Reade Law Firm:
Have you been charged with a crime? If so, you need competent and experienced legal representation.
Redding
- Michael Darlington:
Criminal law deals with "public" wrongs as opposed to disputes between individuals. Governmental bodies, including the federal government, states, and cities, define and prosecute crimes from traffic violations to felonies like rape and murder. The lawyers who represent the governmental bodies in pursuing charges against an individual are called the prosecutors. The lawyers who represent the persons charged with a crime, or the defendants, are called criminal defense attorneys. If you have been charged with a crime, it is essential that you seek legal counsel from an experienced criminal defense attorney at once so that you can preserve your rights and protect your future.
- Jeffrey Stotter:
Who needs a criminal defense attorney? We all do. When a person
violates the law, there are police, prosecutors, judges, and the entire
force of State, Federal, and local government available to prosecute
and punish. But when the government violates the law (such as an
unlawful arrest, an illegal search, etc.), there is usually no one to
cry "foul"!
- John Kucera:
There are a wide variety of motions that may be filed depending on the
facts and circumstances of each case. Motions have the effect of
narrowing the focus of the issues in the case and keeping out
irrelevant or illegally obtained information. Motions may include, but
are not limited to: Motions to obtain discovery (to gain additional
police reports or information) Motions for a lineup (to see if a victim
can point out the perpetrator of a crime) Motion to suppress (to
exclude illegal arrests, statements or objects from evidence) Motions
to seek fingerprint or handwriting exemplars (for comparison) Motions
to disclose confidential informants (that gave rise to a search
warrant) Motions to strike priors (where the conviction is deficient or
insignificant) Motions in limine (to prevent certain evidence from
being brought out at trial) Motions to continue (where one party has
good cause to do so) Motion to dismiss (for failure to show sufficient
evidence at a preliminary hearing; loss or intention destruction of
evidence; for not filing a complaint within the applicable statute of
limitations; for failure to bring a case to trial in a speedy manner,
as well as many others).
Redwood City
- Jeffrey Hayden:
Drunk Driving (DUI / DWI) / Traffic Violations: a drunk driving conviction can be devastating, impacting your life for years to come. Aside from the potential for substantial jail time and serious fines, you may face high insurance rates and difficulty finding employment, among other things, for years to come. Attorney Jeffrey B. Hayden has extensive experience successfully challenging stops, arrests, and BAC test results in court, and is committed fighting for clients charged with DUI / DWI and traffic offenses, such as speeding, no insurance, driving with a suspended or revoked license, reckless driving, and more.
- Thomas Deremigio:
CONSEQUENCES OF CONVICTION
-------FELONY-------
· Punishable by State Prison sentence
· Many with mandatory jail or prison sentences
· Maximum fines (and assessments) from $27,000.00
· Restrictions on voting rights
· Restrictions on gun ownership
-------MISDEMEANOR------
· Punishable by County Jail sentence generally up to 6 months; many to 12
months
· Many with mandatory jail sentences
· Many with mandatory probation terms, including treatment or counseling
· Maximum fines (and assessments) from $2700.00
· Restrictions on gun ownership for some misdemeanors
-------DUI (Drunk Driving)-------
· Loss of Drivers license
· Mandatory jail sentences
· Mandatory fines
· Mandatory counseling or treatment
· Possible impound of vehicle
· Substantial impact on auto insurance rates
- Rachel Holt:
The Fourth Amendment prohibition against unreasonable searches and seizures generally requires police officers to obtain a warrant based upon probable cause before performing an arrest. Intended to protect against unreasonable searches and arbitrary arrests, the warrant requirement has traditionally been strictly enforced to prevent violations of constitutional privacy interests.
However, the U.S. Supreme Court has held that an officer may arrest an individual without a warrant if there is probable cause to believe that the offender has committed even a very minor criminal offense in the officer's presence.
- Michael Hroziencik:
Pursuant to 18 U.S.C. Section 16, a "crime of violence" for which a convicted alien may be deported must involve either one of the following:
1. Use of physical force against the person or property of another; or
2. A felony that involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
The Court in Ashcroft interpreted the first definition as requiring "active employment" of force. Accordingly, the Court concluded that a DUI offense is not a crime of violence where the DUI statute under which an alien was convicted does not require proof of any mental state or only requires proof that an individual acted negligently. The Court reasoned that a person convicted of DUI does not actively employ physical force against another, where the state's DUI statute does not require "a higher degree of intent than negligent or merely accidental conduct."
Furthermore, the Court concluded that the second definition does not cover all negligent conduct (e.g., negligent operation of a vehicle), where the negligent conduct at issue did not involve a substantial risk that physical force might be used against another by virtue of committing the offense. The Court distinguished a DUI offense from burglary, which "involves a substantial risk that the burglar will use force against a victim in completing the crime."
- Frank Bell:
t the arraignment the defendant will appear before a judge and will usually be provided with a written allegation from the prosecutor. Specific things to remember about the arraignment are:
*The defendant will be asked to acknowledge his identity.
*The defendant may have private counsel present or the court may appoint one.
*The defendant may be told his possible punishment. The possible punishment is not a reflection on the case or the judges view of the case or the defendant.
*If charged with a misdemeanor, the defendant is required to reply to the written charges with a plea of either guilty, not guilty, or nolo contendere. (no contest) If charged with a felony, the defendant may or may not be required to reply with a plea at the initial arraignment. (The policy of presenting a plea at a felony arraignment is different state-by-state)
*In a misdemeanor case, the judge will set the defendant's tentative appearance schedule. *In a felony case, the judge will set the defendant's tentative preliminary hearing. (Not all states have preliminary hearings. Some convene a grand jury to find probable cause.)
*Bail is established. The defendant has a right to argue for a bail reduction.
*Discovery is usually presented to the defense attorney. Discovery usually consists of a police report and a complaint. This varies by state. Some states do not provide discovery until after the preliminary hearing or indictment.
*If the defendant pleads guilty at the arraignment, the judge may sentence the defendant at that time.
- Christopher Morales:
In a criminal case, a government agency seeks to punish you or entities for behavior that the state or country has declared unlawful.
€ Prosecutors decide whether to file charges against a defendant
€ Convictions may result in fine, jail, or both
€ The burden of proof is "beyond a reasonable doubt"
€ Usually the government will pay for your attorney if you can't afford one
€ Criminal defendants are almost always entitled to a jury trial
- Shelley Dwyer:
If arrested for DUI, it is imperative in saving your driving privilege
to Contact the Firm immediately as your attorney's ability to defend
you against the DMV rests on a request for a hearing being made within
10 days of your arrest. The remainder of your defense can be dealt with
in a more reasonable period of time and after adequate preparation.
This original contact, however, must occur immediately after your
arrest.
- Jeffrey Hayden:
The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol.
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