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Redding DUI Lawyers

1. Swartz & Jones: criminal defense
2. Darlington, Michael: Child abuse/child endangerment Underage drinking Drug offenses DUI Domestic violence
3. Cibula, Mark: Criminal law involves the process by which individuals (and in some instances, businesses) are alleged to have violated certain rules that have been enacted to protect members of society. The rules of the federal government and all individual state governments are codified into statutes. When an individual violates the rules as listed in the statutes, then the federal government or the state may prosecute the alleged wrongdoer. However, the wrongdoer is presumed innocent until proven guilty beyond a reasonable doubt. Criminal defense is all about making sure the alleged wrongdoerÕs rights are not violated and ensuring that the prosecutor meets that burden of proof before a punishment is doled out. If the prosecutor cannot meet that burden of proof then the alleged wrongdoer must be found not guilty of the alleged violation. Some alleged violations are more serious than others. Misdemeanors are generally considered more minor infractions, while felonies are typically much more serious. However, in any situation where the possible punishment could be incarceration, the accused is entitled to a jury trial. A jury decides the facts of the case, while a judge decides the law that applies to the case. In some instances an accused may only be entitled to, or may prefer to, have a judge decide all the issues in a case. That is called a bench trial. If a person is found guilty of the crime he or she was accused of committing a judge will decide the proper punishment. Typically, the judge is guided by certain sentencing guidelines that have been prescribed by the legislature. In ÒcapitolÓ cases a jury may be asked to decide if a convicted murderer is eligible for the death sentence. Those who are accused of a crime are entitled to have an attorney represent them. They also have a right to remain silent so that their own words are not used to incriminate them.
4. Berg & Associates: In order to prove any crime, no matter how serious, the prosecutor must prove that the accused committed a guilty act with a guilty mind beyond a reasonable doubt. This is where we step in. The criminal process can be, to say the least, complex and confusing. Remember that it is absolutely essential to know your legal rights. We will provide you assistance in the following areas including, but not limited to: Three Strikes Protection Bail Reduction and Release Early Prison Release Drugs and Cultivation Probation Violations Domestic Violence Charges Drunk Driving DMV Violations Fish and Game Weapons Child Molestation Sex and Rape Charges Fraud and Grand Theft Medical Marijuana False Accusation Delinquency
5. Helmbold, Ross: Drunk Driving (DUI) / DMV Hearings Rape / Child Molest / Sex Cases Domestic Violence Drugs / Possession / Sales / Cultivation Murder / Assault / Violent Crimes Embezzlement / Fraud / Theft / Robbery / Burglary Defense of your minor child (Juvenile Court) Traffic Violations Personal Injury: Persons inured in auto accidents who are seeking money damages
6. Townley, Kathryn: Wrongful Death Accidents Auto Pedestrian Motorcycle Slip and Fall Misdemeanors Felonies DUI Traffic Violations Drug Offenses Child Custody Child Support Guardianship Alimony Contested/Uncontested Divorce Wills Trusts Probate Criminal
7. Popkes Law Office: All Felonies and Misdemeanors Homicide Assaults ÒThree StrikesÓ Battery Domestic Violence Driving Under the Influence Drug Possession and Sales Burglary Robbery Theft Embezzlement Parole and Probation Violations Convictions Expunged Pardons
8. Campbell, Cindy: Criminal Defense
9. Wilson, David: CRIMINAL LAW including serious felonies: Murder Assault & Battery Domestic Violence Drug charges Sex crimes Fraud Burglary & Theft crimes Misdemeanors, including: DUI Domestic violence Suspended license Drug possession Assault & Battery Traffic Matters and DMV Hearings
10. Borges, Michael: Criminal Defense, including: driving under the influence, drug possession, theft, assault, fraud, weapons charges, speeding tickets, sex crimes and a host of other types of charges.
11. Gazzigli, Joe: Determining the validity of your arrest and the admissibility of the evidence is one of the most important parts of a DUI/DWI defense. Breathalyzer tests, blood tests and field sobriety tests must be examined carefully.
12. Ayers, Jennifer: Criminal Defense: Defending against all felonies and misdemeanor Charges: DUI defense All drug offenses Domestic violence and all theft related crimes Murder Sex crimes Retraining orders
13. Gardner, Douglas: DUI Protect Your Rights After a DUI Public service announcements warning against drunk driving are all over television shows and radio advertisements. And many people have heard horror stories about drunk drivers causing accidents or killing others. As a result, society has made pariahs of all people charged with drunk driving. If you are facing charges for driving under the influence, the outcome of the case could haunt you for the rest of your life. If you are worried about losing your license or going to jail, an experienced attorney can help protect your rights and your license.
14. Robert Hamilton: Drunk Driving penalties in California are set by statute and can be highly complex. The range of sentences are established by law with sentence enhancements applied to the following: ¥ Having a prior conviction within ten years Prior Convictions - For defendants having one prior drunk driving conviction (DUI or .08% or more) within the past 10 years, the minimum jail sentence, DUI school and license suspension penalties are increased. Two priors within ten years increases the penalties even more; and three "priors" within 10 years can result in felony charges punishable by state prison. ¥ Speeding 20 or 30 mph over the limit Speeding and/or Reckless Driving - This enhancement involves driving in excess of a specified speed while under the influence of alcohol or over the .08 percent Blood Alcohol Concentration [BAC]. California, enhances the penalty for drunk driving when a defendant also drives 20 mph over the speed limit on a surface street or 30 mph over the speed limit on a freeway. ¥ Having a child under 14 in the car Child Endangerment - Increased penalties apply when a minor (an individual under 14 years of age) is a passenger in the vehicle and the driver is deemed to be under the influence. ¥ Accident or Injury Accident or Injury - Causing property damage while under the influence can trigger more severe sentencing and may result in a seperate offense. When personal injury involved, the offense can be elevated to felony. ¥ Having a blood-alcohol reading over .15%   ¥ Refusing to submit to chemical testing
15. Berg & Associates: Criminal defense lawyers represent individuals who are being prosecuted by the state of California or by the federal government for an act that has been classified as a crime. What constitutes a crime is defined in the California penal code and by federal statutes. Statutes are rules or laws that define what type of conduct is illegal. Crimes are generally classified as ÒmisdemeanorsÓ (less serious offenses that are normally punishable by a fine like some traffic violations, petty theft cases, or possession of a small amount of marijuana) or ÒfeloniesÓ (more serious offenses that warrant imprisonment of one or more years, such as rape, grand theft, assault and battery, assault with a deadly weapon, or homicide/murder).
16. 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.
17. 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"! DUI cases often involve instances where the police and government completely ignore the law, when it comes to the manner in which chemical tests are taken, administered, and interpreted (Title 17, Cal. Code. Reg.) It's your lawyer's job to hold them accountable. What does a criminal defense attorney do? It's not as simple as just defending our clients. Defense attorneys force the government to justify and "meet their burden of proof" every time they seek to take away a citizen's liberty or property. We speak for every person ever suspected of a crime, and ensure that the police don't violate the law in their pursuit of the "guilty." We ensure that a citizen's right to his "day in court" actually means something, and often prevent injustice by ensuring that the accused receives a fair trial. And that's just for those clients who might be guilty. Don't laws already favor "criminal's rights"? No! Actually, the opposite is true. Many laws passed in California have the direct effect of limiting the rights of persons accused of a crime, and/or requiring severe minimum punishments. Before Proposition 8, a person accused of a crime could have evidence against him or her "suppressed" if he or she could show that police made an unlawful arrest. Since Proposition 8, Judges can be free to allow police to use evidence obtained as a result of an unlawful arrest, as long as the arrest was not in violation of the United States Constitution (the laws of the State of California are no longer enough). Sometimes, it seems that it is the United States Constitution that requires the greatest defense in a criminal case. Don't only guilty people get accused of crimes? Absolutely not! Often, police simply make a mistake. They have the wrong person, or they are mistaken as to whether a crime actually occurred. Sometimes it‰s a "set-up", or an attempt to protect the real perpetrator. I have personally represented MANY individuals whom were eventually proven INNOCENT! In some of these cases, we even obtained compensation for their pain, suffering, and legal fees. I was driving, I got arrested, and the test showed that I had been drinking. Can a lawyer do anything? YES!!! The truth is, these tests are not that reliable, and the machines can often make mistakes. Even if we cannot prove that the equipment was not accurate in a particular case, it is often enough to show a jury (through scientific and expert testimony) that such mistakes can be made, and that a reasonable doubt may exist as to the accuracy of a test result in a particular case. Factors such as drinking pattern, bacteriological contamination of the biological sample, testing error, and calibration can all play a role in the "weight" of the test. Why a lawyer who specializes in Driving Under the Influence Defense? Just as lawyers specialize in certain areas of the law, certain lawyers have special expertise in extremely specialized areas, such as driving under the influence defense. Because of the technical, scientific nature of DUI cases, it is extremely important to have a lawyer who knows the scientific basis of the government's case better than they do! There are defenses available to almost every set of facts in a DUI case, depending upon the specific type of evidence in each case. The trick is knowing how to use those defenses, and when. I am a specialist member of the California Deuce Defenders Association, and the National College of DUI Defense, organizations of defense attorneys who specialize in Driving Under the Influence Defense. I attend regular DUI seminars, confer with other DUI "experts", study scientific literature and subscribe to numerous publications which serve to keep me abreast of EVERY legal and scientific development that may assist me in representing my clients charged with Driving Under the Influence. One of my DUI trial brefs is presently pending publication in a nationally known textbook on DUI defense. If I was drinking and driving, I'm guilty, right? WRONG! It is NOT against the law to drink and drive!!!! It is illegal to drive while impaired, or with above a certain blood alcohol percentage. The prosecution must PROVE that you were "impaired" (as defined by law), or that your blood alcohol concentration exceeded the legal limit, AT THE TIME OF DRIVING. What if I refused a chemical test? Refusal of a chemical test MAY result in a longer suspension of your drivers license and impose stiffer penalties IF YOU ARE CONVICTED. However, the lack of a chemical test may make it much harder for the prosecution to prove that you were above the legal limit. What if the police officer says I was drunk? That's his opinion. It is not a fact. The truth is that studies by the United States Department of Transportation and others have shown that experienced Highway Patrol Officers have no better than 50/50 odds of determining whether a person is "under the influence" through the use of standardized "field sobriety tests." What is "rising blood alcohol"? Rising blood alcohol is a phenomenon that results from the rate at which consumed alcohol is absorbed by the body. For example, if you take your only alcoholic drink at 1:00 a.m., get pulled over at 1:05 a.m., and get tested at 2:00 a.m., your blood alcohol ("B.A.") at the time you are tested will likely be significantly higher than it was at the time you were driving. Under the right circumstances, this may constitute a defense to a charge of Driving Under the Influence. B.A. can rise from .02 to .03 % per drink! What if the evidence against me seems overwhelming? I believe that almost every DUI case is defensible. It is just a matter of percentages and liklihood of success. What's at stake? A conviction for a first offense DUI normally results in fines and restitution payments of approximately $1,800, at least 48 hours in jail, three years probation, 90 to 180 days of mandatory DUI school (cost-at least $500), a 90 day court imposed restriction on your license, and a four month DMV imposed suspension of your license. A second offense usually results in 10-20 days in jail, one year of actual license suspension, and an 18 month license restriction. A third offense can mean at least 120 days in jail and a three year revocation. A fourth offense in seven years (or within ten years of a prior felony) is a felony, punishable by 2-4 years in State Prison. Even misdemeanor DUI causing injury results in a one year mandatory license suspension. What about DMV? Regardless of the outcome of your criminal case, the Department of Motor Vehicles will take independent action on the "Administrative Per Se" suspension of your privilege to drive. In order to obtain relief from the mandated DMV suspension, a hearing must be requested within specific time limits, from the date of your arrest.
18. 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). TYPES OF CRIME There are 3 types of crimes that can be charged in the State of California...Infractions, Misdemeanors, and Felonies: Infractions, are crimes that have a maximum punishment of a fine. Misdemeanors are crimes that have a maximum punishment of one year in the county jail. Felonies are crimes that have a maximum punishment of state prison, or in the most serious of charges, death. The degree of the crime charged depends upon the statute or law allegedly violated and the opinion of the arresting officer and/or the Deputy District Attorney that reviews the case for filing. Some crimes can be charged as either felonies or misdemeanors and are referred to as "wobblers". POLICE REPORTS Police reports are only available at the first court hearing or sooner through your attorney. POLICE INVESTIGATION Criminal prosecution begins with investigation by some law enforcement agency.* When a law enforcement agency undertakes an investigation that does not require an immediate arrest, the investigative reports are taken to the District Attorney's Office within the county where the incident took place. The District Attorney reviews the investigative reports and makes the decision to either file a criminal complaint with the court, return the case to the investigating agency for further investigation or decline prosecution. There are numerous ways that a person may receive notice of prosecution for a crime. These include: (1) receiving a citation in person by a police officer or receiving one sent by mail, (2) being placed under citizen's arrest by a private party through a law enforcement officer, (3) being arrested by a law enforcement officer without a warrant if the crime is a misdemeanor that occurred in his presence or, if the crime is a felony, (4) being arrested by a law enforcement officer without a warrant if the crime is outside his presence, but is a felony, (5) *being arrested by a law enforcement officer holding a valid arrest warrant, after the District Attorney has reviewed and filed a case and requested that arrest warrant from the court, (6) by receiving a notice in the mail to appear at jail for voluntary booking and release. ARREST AND BOOKING Technically speaking, each of these situations is considered an arrest. Once an arrest takes place an officer has the option of either placing the person charged in jail or releasing the person after having that person sign a promise to appear in court in the future. Once charges are filed, it is not usual for the District Attorney's office to speak with a person charged and they will refuse to do so unless it is through your attorney. It is certainly not advisable for a person charged to speak to the District Attorney or any member of law enforcement after charges have been filed. (See "Your right to remain silent") Police reports are only available at the first court hearing or sooner through your attorney. Following arrest, a person is "booked". This normally includes having fingerprints and photographs ("mugshots") taken before personal clothing and property are taken and placed into storage. Normally, the jail will give out public information to anyone, which includes the person's date of arrest, charges, bail, visiting hours and court dates. RIGHT TO REMAIN SILENT EXERCISE YOUR 5TH AMENDMENT RIGHT TO REMAIN SILENT The law states that when a person is charged with a crime that anything that he or she says can be used against them in a court of law. However, the law also states that no person may be compelled to testify against himself. This is called the right against self incrimination. It is advisable that if a member of law enforcement contacts you in any manner as a suspect of a crime that you tell them 1) that you do not wish to say anything and 2) that you want an attorney. By law, the questioning must cease at that time. The landmark U.S. Supreme Court case of Miranda states that if 1) as a result of action by law enforcement, you are* not free to leave, and; 2) you are being asked incriminating questions, you must be advised: That you have the right to remain silent. That anything that you say, can and will be used against you in a court of law. That you have the right to have an attorney present before any questioning begins. That if you cannot afford an attorney, one will be appointed to represent you. Do you understand these rights? Understand that after this advisement, most law enforcement agents will not ask you if you want to answer, but merely start asking questions. Again, no matter what threats, promises or representations are made, you should tell them: 1) that you do not wish to say anything and 2) that you want an attorney. Anything other than those words may be seen as an invitation by you to speak further. Also, realize, that although you have the right to speak to an attorney, one must be readily available to take your call. John M. Kucera is ready to advise you at this critical time. Further, with respect to individuals who cannot afford an attorney, please understand that the appointment of a Public Defender is not done, except by the Judge at a person's first appearance in court. Many time individuals being investigated are asked to voluntarily come to the police station to give a statement. The person is told that they are "free to leave at any time" and are often video-taped without their knowledge. Since they are "free to leave at any time", the police do not have to read the person their Miranda rights. (*See above). YOUR ATTORNEY There are many good reasons to obtain an attorney and it is best to retain a competent attorney at the earliest possible time. The best reason to obtain an attorney is to receive professional advice. It is no wiser to represent yourself in court on a serious charge than it would be to treat yourself for serious illness or injury. Experienced attorneys, such as John M. Kucera, have had the training to determine the validity of an arrest, whether search and seizure law has been properly complied with, to assess risk of criminal liability, to negotiate with the District Attorney, to present defenses when they exist, and if no defenses exist, to present mitigating facts to the court that will help avoid excessive fines, lengthy jail terms and other legal disabilities that accompany a conviction. Also, depending on the nature of the case and type of hearing scheduled, there are ways that a lawyer may appear in court without the defendant so that work or other obligations are not missed. Keep in mind that you may be represented by a public defender or appointed counsel if you cannot afford to hire a private attorney. However, you may be responsible for reimbursing the county for services provided by that public defender or attorney once your case is concluded ATTORNEY-CLIENT CONFIDENTIALITY There is an absolute privilege of confidentiality that exists between attorney and client. This means that an attorney is ethically bound not to repeat anything a client tells him and cannot be forced to repeat it. Accordingly, a person should not speak to anyone other than a attorney to protect that right. Failure to remain silent can force even family members to testify against a loved one. Once a person has retained an attorney a "shield" is created between the person and law enforcement and law enforcement must go through the attorney and may not talk to the person charged. You should not speak to anyone but an attorney about the facts of your case. THE NECESSITY OF EARLY REPRESENTATION If a person believes that they may be charged with a crime or is the target of a criminal investigation, he or she should immediately contact an experienced criminal defense attorney. Early involvement by the attorney allows the attorney to contact law enforcement agencies and the District Attorney's Office so that an attempt can be made to dissuade the District Attorney from filing charges or to obtain an agreement that there will not be an arrest. This can save undue worry, embarrassment, incarceration and expense resulting from unnecessary charges being filed or imposition of high bail which the District Attorney might otherwise request from the court. RELEASE ON BAIL If the person is taken to jail, the law provides that reasonable bail must be set to allow the person the opportunity to be released. This requires either posting cash with the court in the face amount of the bond or posting a bond supplied by a bail bondsman. A bail bondsman usually requires collateral for the bond and typically charges a 10% fee of the face value of the bail which, in most cases is non-refundable. Bail amounts on felonies are usually no less than $10,000. Misdemeanor bail amounts widely vary. Once bail is posted (paid), the person charged, (known as the Defendant) is released from custody and is given a date to appear for the first court proceeding. That first proceeding is called the "arraignment". If a person is in custody, that arraignment must take place within 48 hours not counting weekends and holidays .In circumstances where a defendant is arrested and bails before he is taken to court for arraignment, the date is typically set 30 days from the date of release. A person who "jumps bail" by failing to show up for court will have bail revoked and a bench warrant for arrest will be issued by the Judge. ARRAIGNMENT ON THE FELONY COMPLAINT In a felony case, there are three stages: 1) the investigation through preliminary hearing "complaint" stage, 2) the pretrial "information" stage, and 3) the "trial" stage. Absent a Grand Jury indictment, which is rarely used, a felony case begins with the filing of a charging document called a "complaint" and there are a minimum of three court hearings that take place at that stage. These include: The Arraignment hearing - where a defendant is advised of: the charges against them, the right to appointed counsel if an attorney cannot be afforded, the right to a preliminary hearing within 10 court days of the date of a plea, the right to use the power of the court to subpoena witnesses, the right to present evidence, the right to cross examine any witnesses who testifies, and; the right to remain silent. At arraignment, a plea of "not-guilty" is entered and a plea-disposition hearing and preliminary hearing is requested and set. Whether a person waives his right to a speedy preliminary hearing is usually determined by the strategy being used by the attorney and the client. PLEA-DISPOSITION HEARING The second hearing in the "complaint" stage is called a Plea-Disposition hearing and it is normally held one day before the preliminary hearing. The reason for the hearing is to determine whether both prosecution and defense are ready to proceed the next day, whether there is a need to continue because of witness availability or other problems, or because the parties have agreed that the case can be settled or should be dismissed. PRELIMINARY HEARING The third hearing at the "complaint" stage is the Preliminary Hearing. This hearing is a "mini trial" held for the purpose of "screening" cases to determine whether the case should be considered as being punishable as a felony with the possibility of state prison, as a misdemeanor with the possibility of county jail, or dismissed. The case at a preliminary hearing is heard before a judge whose sole function is to determine whether in his mind there is a "strong suspicion that the person charged committed the crime". At this point, the judge will do one of three things after hearing the evidence: One: "Hold the defendant to answer" and "Bind the defendant over" to the "pretrial" stage to be arraigned on charges filed in an "information". This will occur when the Judge found that the evidence presented by the District Attorney gave him a "strong suspicion" that the person charged committed the crime as a felony. Two: Find that the conduct involved does not rise to the level of a felony and reduce charges to the grade of a misdemeanor, and set it for further settlement conference and trial proceedings. Three: Dismiss the case based upon insufficient evidence. The District Attorney has the right to "refile" a felony a second time, and sometimes more depending on the type of charges being alleged. ARRAIGNMENT AT INFORMATION STAGE Assuming that a person is "held to answer" felony charges, the case has moved to the second or "pretrial" stage. There are a minimum of four court hearings in the pretrial stage. The first hearing in this second stage is arraignment on the "information". An "information" is the name given to the charging document at this stage. It will either reflect the same charges as those set forth in the earlier "complaint" charging document, or other charges will be added or subtracted, dependant on what testimony and evidence was produced at the preliminary hearing. Once again, just as when the person was arraigned on charges in the "complaint" before preliminary hearing, the person is advised of the charges in the "information" filed against him and his Constitutional Rights in that regard. The rights include all of the same rights previously possessed except that there is now a right to have a speedy trial by Judge or jury within sixty (60) days. At this point a plea of "not guilty" is entered and a motion date, settlement conference, trial readiness and jury trial is set. Again, a person has a statutory right to have a speedy trial within 60 days of his entry of plea of "not guilty" on the "information". PRETRIAL MOTIONS After arraignment on the information, before settlement conferences and normally before trial, 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). SETTLEMENT CONFERENCE A settlement conference is an "in chambers" meeting between the defense attorney, the prosecuting attorney and Judge presiding over the case. The prosecuting attorney usually makes an offer to "plea bargain" to resolve the case. "Plea bargaining" is a matter of negotiation between the parties with the goal of resolving the case on terms satisfactory to both sides. A defense attorney attempts to obtain the best possible plea and disposition for the client. "Plea bargaining" can include dropping counts, adding more appropriate or lesser counts, agreement to reduction of crimes to misdemeanors or infractions, or stipulation to the amount of fine or imprisonment. Often times, the Judge will become involved by pointing out the strengths and weaknesses of both parties cases and give indicated sentences on proposed settlements before the plea is actually entered. TRIAL READINESS The week before a case proceeds to trial, a hearing is set for the purposes of determining whether a case is ready to proceed to trial or if a further trial date needs to be set. Oftentimes, motions to continue are made based upon the need for further investigation, newly discovered evidence that must be investigated or witness unavailability. If those problems are not present, the case is assigned to a Judge in a trial department for the following week. Normally, at this point in time, the parties also must determine whether the Judge that has been assigned to hear their case should sit on the case or whether the Judge should be disqualified and another Judge appointed. TRIAL There are two types of trials....A Court trial where a sole Judge hears the evidence, or a Jury trial where 12 individuals from the community ("a jury of your peers") hears the evidence. The benefit of a trial by jury is that an accused has twelve people determining innocense or guilt as opposed to one judge in a court trial. Furthermore, a jury decision (verdict) must be unanimous...that is to say, all twelve jurors must say that an accused is guilty or innocent. Accordingly, a majority vote of 11 jurors voting "guilty" and 1 juror voting "not guilty" is not a verdict, but rather a "hung jury". A "hung jury" can result in a retrial of the accused. Trials are complex matters that only experienced attorneys, skilled in the area of criminal defense should attempt. Self representation is definitely not advised. As it is often said: "He who represents himself as an attorney has a fool for a client..." SENTENCING If a determination of guilt has been made by either a Judge or jury at trial, a sentencing hearing is held to determine how the person convicted should be punished. Punishment depends on numerous factors, including whether the crime is a felony, punishable by state prison, a misdemeanor punishable by up to a year in county jail, or in the case of an infraction, a fine. The mitigating or "good" things about a person and his case are weighed by the sentencing judge against the "bad" or aggravating facts about a person and his case. This is usually visualized as the "scales of justice" at work. If the case has been referred to the probation department for a report and recommendation to the court, the accused has a meeting with a probation officer who reviews the accused social history, prior criminal history, if any, as well as the accused version of the facts of the case. From that meeting, the probation officer, as an employee of the Judge, prepares a presentence investigation report that makes a sentencing recommendation to the judge. A copy is given to the attorney for the accused as well as the prosecutor. At the sentencing hearing, each has the opportunity to argue whether the presentence investigation report should be adopted or changed. Based upon the argument given by the defense and prosecution, the Judge considers both sides and announces his sentencing decision in which he has broad discretion. In general, continuances of sentencing hearings are not given and an accused should be prepared to be taken into custody on the day of sentencing. Those who fare best at sentencing seem to be those who take responsibility for their wrongdoing and do not seek to justify or excuse their conduct or to blame others. It is important to genuinely express the appropriate degree of remorse that is felt as well as to reflect on and describe to the probation officer and Judge the impact the illegal conduct had on the victim and society in general. Probation can be formal, where the accused is supervised by a probation officer, or informal, where the accused is "on his or her honor" to the court. In either case, probation is the equivalent of being given a chance to prove to the court that the maximum punishment allowable should not be imposed. Violation of the terms of probation can result in a person being sent to jail or prison for the maximum period of time for their offense minus the amount of time, if any already served. Under appropriate circumstances and for "good cause", probationary terms may be modified if the interests of justice will be met by doing so. From the point of sentencing forward, the Sheriff is responsible for carrying out the order of the Judge. If a person has been sentenced to state prison, the Judge orders the accused to the custody of the Director of the Department of Corrections. Transport to prison usually occurs within two weeks. If the accused has been sentenced to a county jail term, there are alternative means of serving jail time other than actually sitting in jail. Depending on the programs in place in any particular county, jail time can be served by working off time out of jail (work release) , by house arrest through home electronic confinement (HEC), residential drug or alcohol treatment programs, community service or counseling. Each of these programs involve additional cost but are welcome alternatives to the prospect of being confined in a jail cell. Also, the California Rehabilitation Center (CRC) is a prison setting alternative to addicted felony drug offenders whom the court deems should be given a chance at rehabilitation. OTHER CONSEQUENCES In addition to the fines and maximum terms of confinement that flow from commission and conviction of crimes, other consequences, depending on the nature of the crime, can result. These include, but are not limited to the following: Registration as a drug offender Registration as a sex offender Loss of the right to own, possess or control a firearm of any type Loss of the right to vote Loss of driver's license (in some cases for life) Loss of welfare or food stamp benefits for life Use of a prior conviction as an enhancement for future crimes (e.g. Three Strikes Law) In certain cases, some of these disabilities can be removed by expungement or pardon. We are well-versed in obtaining expungement, certificates of rehabilitation and pardons in the state of California. APPEAL Once convicted and sentenced, an accused has the right to have his or her case reviewed by a higher court. There are strict time limitations for the filing of an appeal and those times differ depending on whether the case is an infraction, misdemeanor or felony. In any event, the filing of an appeal is the beginning of the process. The nature of the notice of appeal depends on whether the case was by plea by the accused or verdict by jury. Failure to file this document in a timely manner can be fatal to an appeal. Accordingly, it is best to consult an attorney to determine the best course of action in filing an appeal.