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October 3, 2011

The Benefits of Creative And Skillful Plea Bargaining in a Los Angeles DUI Case

Plea bargaining is simply a negotiation between your attorney and the prosecutor to dismiss or reduce the charges that may be pending against you. These type of negotiations can also be very effective at obtaining dismissals, reductions in penalties like eliminating jail time, in exchange for community service. For example, in a recent DUI case although the prosecutor was demanding jail time, we were able to persuade the Judge to allow our client to be placed on electronic monitoring in lieu of serving time in a jail cell.

In addition, when there are aggravating circumstances presence, the terms that the prosecutor, Judge or legislature dictates, can still be modified by the negotiation and skill of an experienced DUI lawyer to trade-off harsh consequences.

Many new clients, and those potential clients seeking advice on how our firm can assist them view DUI penalties as if they were a specific, set in stone formula, with no room for alteration or modification. People not familiar with this area of the law are very surprised to find out that every legal offense from a DUI case to a manslaughter offense are quoted in ranges, rather than specific finite penalties.

For example, clients are greatly surprised that I may first offense driving under the influence of alcohol, that this misdemeanor carries with it between no time in jail, and six months in jail. It should be obvious by this example that inexperienced Los Angeles DUI attorney has substantial room to negotiate on his client's behalf. Clearly, it is every attorneys priority to maintain his client's freedom and good record at all costs.

Many clients oversimplify the law that they frequently don't fully understand,by making assumptions about the consequences of their case. For example, clients frequently assume that one's blood-alcohol level does not impact the length of a state-mandated alcohol program for anyone convicted of a driving under the influence offense in California. Nothing could be further from the truth.. Programs on first offense is range from three months to nine months. Typically, a three-month alcohol program is ordered for those people with blood-alcohol levels of .14 or under. A nine-month program is frequently requested by the prosecutor if one's blood-alcohol is .15 or more.

Frequently, by strategically having our clients attend Alcoholics Anonymous meetings and obtaining a written sign in sheet prior to negotiating a plea bargain, prosecutors frequently are willing to trade off these meetings and allow our clients to do the short alcohol program which saves our clients hundreds of hours of time, not to mention a lot of money.

Reducing a DUI charge in Los Angeles to a lesser offense through effective plea-bargaining can also avoid the expense and embarrassment of the dreaded ignition interlock device which was ordered on all people convicted of a DUI, and who own the vehicle after July 1, 2010.

Our attorneys frequently hear clients say, is there any difference between being represented by an experienced DUI defense lawyer, a public defender, or just going in on your own in pleading guilty. The answer is clear. Clients always benefit, from the experience and courtroom skill by recognizing the weakness in evidence, the value of strategic building of rehabilitative efforts voluntarily commenced,and the power of effective plea-bargaining with prosecutors who now see our clients not just his case numbers but as real people with much more positive aspects that appears on the pages of an arrest report.

March 30, 2011

Creative Alternatives to Mandatory Jail Time in San Diego

One of the biggest goals our firm fights hard to achieve for our clients, is to avoid any jail time and to receive the lowest possible sentence. However, if there is a complex criminal history, or the charge is a serious one, jail time may not always be avoided.

Even though jail time may be a part of a person's eventual sentence, there are creative alternatives that will allow them to avoid serving the time in an actual county jail or state prison. These alternatives are granted as a result of well prepared negotiation and skill with the Judge and Prosecution by an experienced Los Angeles Criminal Defense attorney.

The option of house arrest is available to many people in lieu of serving traditional county jail or state prison. House arrest comes in many forms, including electronic surveillance, house confinement, or home detention. Each achieve the same goal; to allow a person to serve mandatory time in their own home.

Most house arrest sentenced do not require that a person remain only in their home. The Judge will take into account several factors when determining the restrictions that will be placed on the house arrest sentence. Depending on the severity of the convicted offense, a person may be able to attend work or school, social obligations, and other similar events.

As a person under house arrest, they would be subject to random drug searches, may be required to check in with an officer, and also may be under electronically surveillance. This is how the court will continue to monitor the house arrest, and confirm that the person granted the creative alternative is taking it seriously and does not need their privileges revoked.

When it is not possible to avoid a mandatory jail sentence, a creative alternative is ideal. However, it is important to note that Judges and Prosecution are very hesitant to offer this option. A skillful Criminal Defense attorney that has built a solid reputation among criminal courts in Southern California may be granted the option for their clients after providing a powerful argument.

November 14, 2010

How does California's Penal Code 1000 (PC 1000) Drug Diversion Program work?

California Penal Code 1000 creates a drug diversion program that allows certain offenders to avoid a criminal charge.

PC 1000 allows for a Deferred Entry of Judgment (DEJ). A DEJ requires that the person charged plead guilty to an offense. The sentencing, or the "judgment", is then deferred for 18 months. The person charged must enroll and complete required drug education and awareness programs. They must provide proof to the courts that they have enrolled in classes.

They must then return on a later court date and show proof of completion to the court, negative drug test(s) and paid administrative court fees. If all has been completed successfully, and no other offenses have been committed the person is entitled to have their case dismissed. This means that they can legally deny having any convictions on their record. However, law enforcement will be able to view on your record that you have been charged with drug possession but have completed the program and have had your charges dropped. If the program is not completed successfully, the person will be sentenced and convicted.

PC 1000 gives several requirements that must be met in order to qualify for the DEJ. This will be upon recommendation and review of the prosecution who will suggest it as an alternative to sentencing. It is a one time deal only, you may not use it for multiple drug possession offenses.

A knowledgeable Los Angeles Criminal Defense attorney has obtained a DEJ for many clients and strives hard to get charges dismissed. With the help of an experienced attorney who can prepare the best possible argument for your case, you have a great chance of having your charges dropped!

November 12, 2010

What is a California Drug Diversion Program?

A diversion program is a program instituted by the District Attorney's office that allows a defendant who has been convicted of a Drug offense to avoid criminal charges and a criminal sentence. The program is designed to help rehabilitate offenders and to alleviate the overflow in time, cost and expense to courts and probation officers.

If someone who has been convicted of a drug offense qualifies for a drug diversion program, they may have the opportunity to avoid prosecution by completing certain requirements of the program. These requirements include completing certain education courses aimed at preventing future offenses, providing restitution to the victims of the offense, completion of community service hours, and avoiding certain situations that may lead to future offenses. This may involve no contact with certain persons, or visitation to certain places.

If a program is completed successfully it may prevent the charge from appearing on a person's criminal record. This provides huge benefits for future employment opportunities, education and social achievements.

Each drug diversion program has its own qualifications and its own requirements. An experienced Los Angeles Criminal Defense attorney has extensive knowledge on all qualifying programs in your area. An attorney will prepare a powerful defense on your behalf to ensure the best possible chance in qualifying for any one of the available programs!

August 4, 2010

Possible Defenses to Los Angeles Marijuana Possession Charges

An experienced Los Angeles Criminal Defense Attorney has extensive knowledge of the defenses that may potentially apply to a marijuana possession charge. Consequently the case may be dismissed so that you have no conviction on your record.

Most defenses will only be helpful in cases where the amount of marijuana found in possession was less than an ounce. When it is such a small amount, there is a higher chance to persuade the Judge and Prosecution to dismiss or reduce the charges with a powerful and strategic argument. Hoffman and Associates has handled thousands of cases concerned with drug possession over our thirty years of practice. Many have led to dismissal due to the successful and zealous advocacy of our skilled attorneys.

Our attorneys immediately get to work preparing a defense that will most benefit our clients. We begin negotiations with the prosecutor right away and discuss the opportunity for informal diversion. Informal diversion is an agreement that the defendant will attend Narcotics Anonymous or similar meetings in exchange for the charges being dropped. It is far better than court ordered, formal Judgment because it avoids lots of time, and costs as well as the charge itself.

Additionally in many cases the evidence found, i.e, the marijuana, may not be admissible in court if it was seized illegally and in violation of your fourth amendment rights. In this case, it would be difficult for prosecutors to bring a case against you and will result in reduced or dismissed charges.

In many cases, skilled attorneys who know the prosecution and Judges well, like Ron Hoffman, are able to plea bargain with the prosecution to drop the higher charge of possession in exchange for the defendant pleading guilty to a smaller charge, which is often an infraction.

If no defense seems plausible, an attorney might strategize to ask for a jury trial depending on the specific facts of the case. All defendants in criminal cases have the right to a trial by jury. However, for cases as small as those with less than an ounce of marijuana, prosecution rarely expends the time and expense it takes to carry out the trial and will usually dismiss the case.

These are a few of the methods in which a marijuana possession charge under one ounce may be reduced or dismissed. An attorney with a solid reputation and years of experience will give you the best possible chance at obtaining the outcome you desire. The attorneys of Hoffman and Associates have been fighting on behalf of the rights of clients in similar situations as you. Come meet with one of the attorneys today, we are confident you will find the legal representation you are looking for and can have confidence in.

July 19, 2010

Arrested For a DUI in Los Angeles? What is The Legal Difference in a Guilty Plea Versus a No Contest Plea

Hoffman and Associates is a Los Angeles and San Diego based law firm specializing in protecting our clients facing drunk driving charges, as well as all criminal charges.

The scope of this blog is not to discuss the pros or cons of pleading guilty or no contest in any particular clients case, since the merits and facts of each case would need to be evaluated to determine the strength or weakness of a criminal prosecution, and whether or not a plea is in the best interest of the client. A careful analysis of any factual evidence, any blood or alcohol test indicating the presence of alcohol and/or drugs, and any witness testimony favorable to our clients.

There are three ways a person in a DUI or Criminal Case can be found guilty. At a court trial a judge after hearing all facts of the case presented by the prosecutor and the defense attorney find the defendant guilty beyond a reasonable doubt.

Secondly, at a jury trial consisting of a panel of 12 citizens hearing the case presented by the prosecutor and any defense put on by the defendant, a unanimous verdict of guilty is returned. It only takes one juror, who believes that the prosecutor has not proved its case beyond a reasonable doubt for guilt, to create an undecided or hung jury. In this case, the judge orders a mistrial and it is up to the prosecutor whether to make a decision whether to retry or dismiss the case.

Where a guilty plea, or finding by a judge or jury determines that the facts demonstrate th is run at the defendant is guilty beyond a reasonable doubt, the defendant is found guilty.

A no contest plea is a type of plea where the defendant accepts responsibility, but does not admit to the truth of all of the facts contained in the police reports. This decision is made when the defendant feels it is in his best interest to accept the benefits of a plea bargain, which protects the client from a greater potential consequence or penalty.

A no contest plea should always be entered regardless of the facts, in any case where It is nan accident and or any potential injury is present. This type of plea protects the driver in the event that a civil suit is filed against the driver to recover damages for property damage and/or personal injury. This type of plea cannot be used in any manner against the driver in the event of a civil suit, and still allows the driver and his insurance company to even contest liability for causing the accident. A guilty plea, could be used against a driver in a civil suit which is never helpful. I'd yet to her son

July 5, 2010

After a Los Angeles Drunk Driving Arrest... How Can You Turn The Tide in a Favorable Way Toward You ?

Driving under the influence of alcohol or even drugs Is the most commonly committed criminal offense in the United States. That being said, it is easier to understand why many courtrooms throughout California are filled with drunk driving cases each day. There in lies the problem. In these high-volume courtrooms, especially in major cities like Los Angeles, prosecutors have very little time to read and review the details of each case .This can be a benefit to clients.

The benefit is that in these very busy Courts, prosecutors and judges are forced to spend increasingly less and less time in reading and reviewing as well as evaluating each case on its individual merits. In my over 30 years of courtroom experience as a drunk driving defense lawyer, that actually benefits my clients each day.

Generally in police arrest reports, there is only negativity, rarely are police officers writing about the positive elements of the person they're arresting. Their focus is to build a case to prosecute, rarely to assist the defendant in minimizing the appearance of their conduct.

The downside... generally in high-volume courts defendants are viewed more like case numbers and not like people. When this occurs, there is often no personal information about the defendant or any mitigating circumstances like the positive background of the client, job, lack of criminal record, family or other favorable information. Once this positive information is infused by an effective and experienced defense lawyer, a more favorable and balanced view of the client, always leads to better results.

At Hoffman and Associates our firm of skilled and highly effective advocates begin from the day were retained to develop all possible favorable information, not only about the facts of the case, but also about our clients background. This creates a foundation for building a defense for each client. We commonly ask our clients at the beginning of our representation to provide as with character reference letters, resumes, letters from employers, and any other positive information to show a more positive side of our clients background, contrasting the negativity of the information contained in an arrest report.

June 30, 2010

Is it possible to get a Probation extension on my Los Angeles DUI case like Nicole Richie?

Nicole Richie, former reality star and daughter of famous musical artist Lionel Richie, was granted an extension on her probation resulting from a 2006 DUI. In December of 2006, Richie was arrested and charged with a DUI after she was caught driving the wrong way on a Los Angeles freeway. After pleading guilty, she was sentenced to 4 days in jail and 38 alcohol education classes.

Richie's probation was set to end in July 2010, however the actress has been unable to complete all the court requirements due to the birth of her two children with rocker Joel Madden. Richie's attorney requested a court approved leave from her alcohol education classes, which was granted by the Judge and extended to March 2011.

You do not need to be a celebrity to get highly skilled Criminal Defense help. A Los Angeles DUI Attorney who has been practicing for over thirty years can provide you with affordable professional representation and the zealous advocacy you need to successfully fight your case. At Hoffman and Associates we have helped thousands of clients with DUIS and have established a solid reputation with the many Judges and Prosecutors in Southern California courts.

A knowledgeable DUI specialist can argue your case from the beginning through to its completion so that you see the best possible results, avoiding jail time and a shorter period of probation. In the event that you are unable to complete your probation requirements, You do not have to be a celebrity to be granted a favorable extension. An Attorney who has created a favorable presence in the criminal courts of Los Angeles County, will be able to present a strong argument on your behalf so that you can get the time you need. Contact our office to get started on your free consultation right away!

May 2, 2010

Potential Consequences of a California Hit and Run

When charged with a California Hit and Run you should be aware that it can result in either a felony or a misdemeanor, depending on the extent and nature of the damage. If the damage is to property, the case will be charged under California Vehicle Code 20002 as a misdemeanor. If the damage is to a person, the case will be charged under California Vehicle Code 20003 as a felony.

Potential penalties that may be given according to the California Vehicle Code include up to $1,000 in fines, and 0 to 6 months in jail. Sentencing may also include probation and alternative forms of sentencing such as community service.

In a misdemeanor case, the final sentence will be determined by the extent of property damage. The damage will fall within a range and the penalty will be given correspondingly. In a Hit and Run case in which the driver struck a person's fence and caused little damage will see a penalty in the form of a low fine. In contrast, in a case where someone causes extensive damage to another person's vehicle will be looking at a higher fine and possibly even some jail time.

In a felony Hit and Run case, the penalty will correspond to the extent of the injury caused to the other person. Injuries happen across a wide spectrum. On the lower end there are minor injuries, including minor scratches, sprains, and bruises. These injuries require little medical care and are quick to heal causing no permanent damage, or long term effects on the injured person's life.

At the other end of the spectrum, there are more serious and often fatal injuries. In contrast, these injuries require significant health care and costs, involve deep tissue or internal organ damage, and result in permanent or long term damage that has serious or fatal consequences on the injured person's life. Felony cases will be charged with sentences closer to the $1,000 fine range, and six months jail time or in some case, both.

Despite whether you have been charged with a misdemeanor or a felony hit and run, one thing is certain: you want the least possible penalty that can be issued. A Los Angeles Criminal Defense attorney can create the best possible defense so that the prosecution sees you in the most favorable light. This involves gathering positive letters from friends and family, negotiating with the prosecution and using mitigating circumstances to reduce the ramifications in your case. An attorney with thirty years of experience knows exactly what will strengthen and weaken your case and is able to effectively reduce or limit it's potential consequences through plea bargaining and negotiations that comes only with knowing the prosecution and judges through years of practice and success. Additionally, an attorney who knows the area of law may be able to persuade the judge to allow alternative sentencing in lieu of jail time, should it be required. The main goal of a successful attorney is to reduce your charges as much as possible and consequently, your sentence.

April 12, 2010

Special Challenges of San Diego Marine/Navy DUI Arrests

Anyone been arrested for a driving under the influence case is never happy to be in that circumstance. For members of our armed forces including those serving in the Marines or Navy in San Diego County face even greater challenges and potential penalties. It becomes very clear that the service, regardless of which one treats any DUI arrest very harshly, and starts its sanctions even before any court date, or prosecution by the state has begun.

Although it feels like double jeopardy, that persons in the service are punished twice, once by the military and once by the criminal justice system for the same offense, it is not. Federal jurisdiction over the military empowers it independently to punish soldiers for offenses that they commit on or off a military base. A drunk driving arrest, even prior to any court proceeding or conviction can result in a serviceman being confined to base for 2 to 3 months, have their rank reduced, have their pay cut in half, and often required to complete an alcohol education program on base.

By comparison, a civilian charged with suspicion of driving under the influence of alcohol, is considered to be innocent until that person pleads guilty, or is found guilty after a jury trial. It is only after that finding of guilt that penalties are imposed. Both military persons and civilians being convicted of a DUI are placed on summary or unsupervised probation, required to pay fines in excess of $1500, complete a minimum of 12 weeks of alcohol education and in some circumstances serve jail time.

San Diego Marine and Navy personnel arrested for a DUI may also face penalties from the Department of Motor Vehicles in the form of a driving privilege suspension. What makes this problem more challenging is that most service people in San Diego have drivers licenses issued him other states. Those individuals found to be driving with a .08% of alcohol may have their California driving privileges suspended between four months and one year after a hearing before the DMV. It should be noted that California only has jurisdiction over a person's privilege to drive in California, regardless of where that person arrested holds a drivers license. The California DMV cannot suspend any other states drivers license.

Our firm of DUI Defense Specialists has helped hundreds of local service men and women sort out and minimize the effects of a DUI arrest on those special people serving our country in the military. Consulting an attorney immediately after a DUI arrests can minimize some of the potential complications by not missing critical deadlines created by one's arrest.

An experience DUI attorney can also under most circumstances be able to appear in court on behalf of the soldier thus also avoiding further problems in the military.

March 30, 2010

Los Angeles DUI and Criminal Cases: Effective Techniques For Avoiding Jail

The purpose of this article is solely to discuss effective techniques and alternatives to anyone having to be incarcerated for any length of time, if at all possible to avoid. This article offers a number of practical tips for those people in legal trouble and is certainly not designed or intended to discuss the facts or circumstances of a DUI or Criminal case, or any defenses that may prevent a client from being guilty or convicted of any charge.

It is not uncommon in DUI or Criminal cases for a prosecutor to seek a range of different consequences including summary or formal probation, fines, community service, alcohol programs, and jail time. For over 30 years our law firm has represented clients facing these potential consequence. Without a doubt the biggest concern for all our clients is staying out of jail. Therefore, our biggest concern is fighting to protect our clients freedom from jail by the use of alternatives like Caltrans, community service, electronic surveillance, and even private city jail facilities.

Once retained, it is critical that your attorney carefully evaluate the strengths and weaknesses of the facts the prosecutor plans on using against you, versus any defenses including witnesses, you have which would establish a strong defense of your innocence.

When this evaluation has been completed, it is valuable to also consider any possible plea bargain that would protect your client from being incarcerated. One of the powerful techniques our law firm uses daily is to start to build a positive profile of each of our clients by showing his or her good character, solid work history and any efforts towards rehabilitation including counseling.

If the nature of the case is alcohol or drug-related then appropriates Alcoholics Anonymous or narcotics anonymous login sheets are used to track voluntary attendance at these self-help programs. Proof of these contribute to showing the prosecutor and/or judge that the allegations in the criminal case being presented are either highly unlikely or an aberration of the clients generally law-abiding behavior.

Although it is not unusual, for a prosecutor to seek a jail sentence in many criminal cases, a strong showing of the above positive qualities of the client can help the attorney present a powerful argument for the use of non-jail alternatives like community service, Caltrans, graffiti removal, or other forms of public service as a means of punishment in lieu of jail.

In the event that the facts would not warrant a court or jury trial, and the prosecutor or judge are unwilling to waive seeking incarceration in county jail, they are frequently agreeable with allowing the client to serve any time in a private city jail at the clients expense. Very often a good plea bargain can structure jail to be served on weekends or during non school times, for students.

Electronic surveillance which is commonly known as house arrest is also a widely used alternative to jail which allows a client to serve their sentence at home being electronically monitored, but frequently with the ability continue to work their job and sustain the ability to pay their bills.

An attorneys ability to properly evaluate the facts of any DUI or Criminal case and effectively use creative alternatives to jail, always puts the clients best interest first, while protecting all of their legal rights.

March 17, 2010

Possible Consequences for a California DUI Conviction

Penalties for a DUI conviction can range from fines to jail time. The final sentence will depend on a number of different elements that a prosecutor has available to penalize people charged with driving under the Influence. These include probation, fines, different alcohol programs, Cal Trans ( trash clean up) and jail time. factors, and therefore it is difficult to ascertain a specific formula as to which sentence will be given.

Clients often overgeneralize about the penalities for a DUI arrest and believe there is a set penalty for a DUI case, however this is not the case. DUI sentencing laws are written in ranges of potential consequences. Although there are certain minimum penalties set by law if one is convicted, skilled defense lawyers can often minimize the harshness of great punishment

Fines will range from $390 to $1,000 plus penalty assessment. The penalty assessment will triple the fine as a result of court costs and taxes. Consequently, the more accurate range including all costs is from $1,500 to $4,500.

In addition to a fine, a Judge may also accept Prosecution's recommendation for a mandatory alcohol program or Mother against Drunk Driving program which could range from three to nine months. Cal Trans may also be ordered. Cal Trans is a program that requires trash pick up on the freeway, or graffiti removal.

Probation can be issued with or without serving jail time. A DUI conviction will usually yield a period of probation from three to five years. Most non injury, misdemeanor DUIs will require informal probation whereas more serious DUIs will result in formal probation. Formal probation requires supervision and regular reporting to a probation officer who monitors your good behavior and assures that you stay out of trouble.

It is popular belief that jail time cannot be given for a first time offense. However, that is not the case. Jail time can, in fact, be imposed on a first time offense, depending on the facts of the case. The Judge has the discretion to impose zero to six months of a jail sentence for first time offenders. This range of potential jail time gives your defense lawyer great latitude in negotiating for you to avoid any jail time. For a second offense within ten years, there is a mandatory jail sentence ranging from 96 hours to a year. For a third offense there is a mandatory minimum of 120 days in jail to one year. There will be an additional jail sentence added if the DUI occurs while serving probation for a previous DUI.

There are however, alternatives for serving a mandatory jail sentence, especially if you have someone representing you who can efficiently argue in your favor. You can have the option to attend private jails which can cost you $75 to $100 a day and can be completed on a part time or weekend basis. Additionally, there are different forms of electronic surveillance, or house arrest.

Regardless of your sentence, there may be options for you to consider even after you have been sentenced to cause your life the least amount of complication. Consult a California DUI attorney who has successfully argued cases in which the Judge has readily sympathized and given lesser sentencing. Furthermore, hire an attorney who understands your needs and creates the opportunity for alternatives to mandatory jail time.

March 15, 2010

California Plea Bargaining in a DUI Case

A plea bargain is a result of a negotiation between a prosecutor and your defense attorney regarding the specific terms of the case settlement or plea. There are two major considerations which make a negotiated settlement or a plea bargain, which it's commonly called, a good idea.

The most important first step is to have your counsel prepare a complete case evaluation of the evidence contained in your police report. The law requires that for somebody to be guilty of a particular offense, that all critical elements of that offense have been met. For example in a driving under the influence case, it is essential that the prosecutor prove that the defendant was driving and that when tested had a .08% or more blood alcohol. Unless the prosecutor can prove that the police or other credible witness observed some driving by the accused then there exists a strong defense to quilt.

Careful consideration should be given to the clients recollection of the events that led to their arrests and whether or not they agree or disagree with the allegations contained in the police report. It is important to determine whether any legal excuse or exculpatory evidence or witnesses can contest any observations, statements or other evidence. This type of legal defense attacks the accuracy and or credibility of the prosecutors case in chief. An experienced courtroom lawyer can render his expert opinion on the relative strengths and weaknesses of both sides of your case.

Secondly, an equally important is protecting the clients exposure to jail or other sanctions or penalties they client may be facing if you choose is go to trial and are found guilty by a judge or jury. An experienced attorney can help his clients make the best decision for them by weighing all of these factors including all positive and negative benefits of accepting a plea bargain with all favorable terms and charges.

Protecting our clients rights, and exposure to potential penalties can often benefit them in successfully resolving their legal problems without the expense and stress of a trial. The decision of choosing a jury trial is your constitutional right when charged with a Dui. That being said, it would be unwise before deciding on any course, to consider and explore all of the other viable options and valuable benefits of a possible plea bargain.

For over 30 years our firm of skilled and experienced DUI specialists have helped thousands of clients carefully evaluate and weight the many factors that must be considered before making the best decision.

January 22, 2010

Los Angeles DUI Courts Try A New Jail Free Alternative Sentencing Program

For all of the 30+ years that I have represented clients facing DUI charges, the County of Los Angeles has used a number of jail free alternatives to reduce the severe overcrowding in our jails.

Los Angeles judges and courts struggle to strike a balance between the legal requirements of incarceration for certain DUI cases. Major considerations include issues of public safety, and the increasing demands for space in our jails.

Programs like work-release, which allow those convicted of multiple DUI offenses to avoid jail time by working their own jobs during the day and sleeping in a dormitory type setting at night, were always very popular alternative to incarceration. Although used extensively for many years , this program was lost to budget cuts several years ago and never replaced by the County of Los Angeles

Electronic surveillance, although still used by the courts as an alternative sentence to jail, is commonly not approved by many judges and is viewed as not sufficient punishment , since people are allowed electronically monitored freedom to work their jobs and sleep in their own bed at night.

The newest program SCRAM uses a secured ankle bracelet with a sensor to detect the presence of alcohol being used by the person wearing it

This experimental program is being used by an increasing number of courts in Los Angeles
and is getting good reviews. SCRAM, the latest alternative sentencing program is growing in popularity among judges to punish, supervise and keep the jail space available for the most dangerous people who really need it.