Los Angeles DUI Lawyer Blog

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.

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.

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.