Santa Clara, Santa Cruz, Santa Monica, Santa Rosa DUI Lawyers
- Santa Clara
- Santa Clarita
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Werner, Rob: Your Right to an Attorney Every person charged with a crime is entitled to an attorney. The court will appoint an attorney if you cannot afford one, as you will qualify for a court appointed attorney. You may be required to reimburse some of the attorney fees. BEWARE - just because you have a public defender does not mean you have good legal counsel. Often times the public defender will give you very little time and you may be treated just as a number among many numbers. Too often public defenders do not provide the same quality of work or criminal defense as that which a private lawyer can provide. Whether you hire us or another attorney, we believe private counsel will usually far better defend you. Evidence Believe it or not, most people freely provide the evidence to convict themselves to the investigative agency. You have no legal obligation to provide statements that may be used against you. The problem is that most people don't understand the law. You may think that what you are telling an officer is perfectly innocent but when it may not be. The best advise here is to ask any investigator or officer as to why they are questioning you. Tell them that you would be happy to cooperate but that you have always been advised to have a lawyer present, so it will have to wait. Call a lawyer immediately. Remember a lawyer is knowledgeable about state laws, which he can use to your best advantage. Beware, officers and investigators often do not tell you the truth. They may feed you misinformation to see what type of reaction they can get. Officers may imply that they will arrest you if you do not cooperate and give them the information they want. The reality here is that usually if they have sufficient evidence to arrest you, they will arrest you no matter what you tell them. Technicalities You may be technically guilty of an offense but because of some technicality you will be found not guilty or the case is dismissed. Let the lawyer do his job. Don=t feel bad if you get out of a charge on a technicality, there are plenty of people in prison who are innocent. Justice is Neither Free nor Equal If O.J. Simpson didn't have the money for criminal lawyers would he have been convicted the first time? You can bet that based on the evidence presented, if such evidence were provided against the average citizen, there would be a murder conviction probably with the death penalty.
- Gary Symonds: Many lawyers advertise criminal representation. However, the vast majority will not take your criminal matter to trial, mainly because they have no real trial experience. Many attorneys will demand a very high retainer fee for a criminal case. Unfortunately, the client will get nothing but smoke and mirrors, and little fire. In the end, despite numerous court appearances, which are mostly to continue the case for one reason or another, the attorney holds the client’ˆˆs hand and a guilty or no contest plea is entered, despite the huge retainer paid at the beginning of the case. ... Not all criminal cases can be taken to jury trial. In fact, comparatively few can be brought before a jury.
- Wallin, David: What crimes will I be charged with for a DUI in California? California has two basic drunk driving laws, found in Vehicle Code sections 23152(a) and 23152(b): 23152(a) It is a misdemeanor to drive under the influence of alcohol and/or drugs. 23152(b) It is a misdemeanor to drive with .08% or more of alcohol in your blood. Note: In most cases, both the 23152(a) and (b) offenses will be charged. Even though there is only one act, the law says that a defendant charged with drinking and driving can be convicted of BOTH offenses - but can only be punished for one (the punishments are identical). Vehicle Code section 23153 sets forth the "felony DUI" provisions where an injury results from the drunk driving, while Penal Code sections 191.5 and 192 describe the crime of "vehicular manslaughter" where there is a death. What are the possible penalties for driving under the influence of alcohol? Drunk Driving penalties in California are set forth by statute and can be incredibly complex. The range of possible sentences is determined by the basic statute, with modifications for such things as: Having a prior conviction within ten years Speeding 20 mph over the limit Having a child under 14 in the car Having a blood-alcohol reading over .20% Refusing to submit to chemical testing Within the range, the actual sentence in a drinking and driving case will be affected by: The facts of the case Any policies of the local court and prosecutors The weaknesses in the case uncovered by the defense attorney The reputation of that attorney All of this is independent of the DMV drivers license suspension, which is determined separately and which can itself be very complicated. How can I save my driver's license? When a California driver is arrested for driving under the influence of alcohol, his driver's license is immediately confiscated by the police and he is served with the DMV's "Notice of Suspension". This one-page document (fine print on both sides) serves to (1) formally suspend the license, (2) provide a temporary driving privilege for 30 days, and (3) explain some aspects of the applicable law. Buried in this fine print on the back side is the most important legal provision: there is a right to an administrative hearing to contest the suspension and force the DMV to return the license - but only if the individual or his attorney contacts the DMV's local Drivers Safety Office (DSO) and formally demands a hearing WITHIN 10 CALENDAR DAYS of the arrest. If the call is not made, on the eleventh day the right to contest the suspension is lost and it will begin 30 days from the arrest regardless of any possible defenses. This immediate suspension is for either (1) having .08% or higher blood-alcohol (.01% for drivers under 21); (2) providing a blood or urine sample when the officer believes the eventual analysis will be .08% or higher; or (3) refusing to take a chemical test. This is referred to as an administrative suspension (or sometimes "admin per se" or "APS" suspension), and is to be distinguished form a license suspension or restriction which may (and probably will) later occur in the criminal courts - in addition to the administrative suspension. Although this may seem to constitute "double jeopardy" or multiple punishment, the courts in their infinte wisdom have decided that the first suspension is only an "administrative sanction", as opposed to the second suspension in court which is a true "punishment". If the driver is from another state, the officer has no right to seize the license, as that document is the property of another state. Similarly, California has no jurisdiction to suspend a driver's license issued by another state. The officer can and will, however, issue a "Notice of Suspension" identical to that given California license holders; this acts only as a suspension of the right to drive (after 30 days) within the State of California. If there is a conviction, California (as a member of the Interstate Driver's License Compact) will notify the home state of that fact; that state will then usually suspend the license in the same way as if the person had been convicted in the home state.
- Santa Cruz
- Santa Maria
- Santa Monica
- San Pedro
- Larkin, Peter:
Three strikes
Probationary violation
Drug crimes
Kidnapping
Drug trafficking
Felonies Murder
Solicitation to commit murder
Assault and battery
Arson
Sex crimes
Domestic violence
DUI
Gang Cases
Juvenile theft cases
Fraud
Robbery
Juvenile fitness
Criminal appeals
Misdemeanors
White collar crimes
Vehicle manslaughter
DUI with injury
Burglary
Name invasion
Elder abuse
Special circumstances murder
- Santa Rosa
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