Los Angeles DUI Lawyer Blog

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.

Under California Penal Code 10851, a person is guilty of Grand Theft Auto if they drive or take a vehicle that is not their own, without consent, with the intent to temporarily or permanently deprive the owner of the title or possession of the vehicle. Those found guilty will face a felony conviction and a sentence of jail time and/or fines.

Additionally, in 2009 Court's were authorized to impose an added penalty of a suspension or revocation of driving privileges by the California Penal Code. The court's are not required to provide a specific period for which your license may be suspended or revoked, but have the authority to leave it open with no set ending date.

This means that if you are convicted of Grand Theft Auto, you will not only face a felony sentence of jail time, and/or a fine, but you may also face a separate penalty from the DMV. An experienced Los Angeles Criminal Defense Attorney has handled many cases in front the DMV, including thousands of DUI cases.

A powerful argument is not only necessary in the courtroom, but in regards to your driving privileges as well. If you use a car to get from home to work or school, a revoked or suspended license will add unnecessary hassle to your already stressful life. A California Criminal Defense attorney will provide evidence and effective argument to persuade the Judge and Prosecution to allow you to keep your driving privileges, or in the very least have the use of a restricted license.

Although the law is relatively new, a knowledgeable attorney who specializes in DUI has been fighting for a client's right to keep their license for years as it is a required sentence in all DUI convictions. As a result, many people have retained their rights, and avoided jail time even with serious DUI convictions through the use of a Los Angeles Criminal Defense attorney.

Being arrested is like being kicked in the head by a mule. It probably leaves you dazed and confused for many hours. One of the most important benefits of consulting and experienced DUI and Criminal defense attorney is to understand the potential consequences of the charge you were arrested for.

Every criminal charge has a sentencing guideline set out by the legislature in one of several common places. These include the vehicle code, Penal code, health and safety code and welfare and institutions code.

Although most people think there is a set penalty, that is not true. To be more accurate, there are sentencing ranges set out for each code violation. These typical penalties include summary or unsupervised probation and formal probation where one is assigned a probation officer which oversees your compliance with the terms and conditions of your probation subsequent to a conviction by plea, court or jury trial.

For example a first offense driving under the influence of alcohol case , the range is between zero and six months in jail. A third offense drunk driving case has a much higher range which exposes to not only greater maximum penalties, but imposes higher minimums like the 120 days in jail minimum for anyone convicted of a third offense drunk driving case within a 10 year.

The importance of understanding any offer or plea bargain from the prosecutor is critical to evaluate the case properly. By knowing this information you and your attorney can better evaluate whether or not the offer is a good one and worth considering accepting.

In a drunk driving case, there is a minimum of three years summary or unsupervised probation, and a three-month alcohol program. People see two cases with prior convictions may be required to attend longer alcohol programs, longer potential jail time as well as probationary terms and higher fines.

For example quilty pea to a domestic violence charge requires probation for a minimum of three years and a domestic violence counseling program, which typically lasts one year. This program is required by state law and cannot be deleted by a prosecutor or even a judge if they chose to request that.

Knowledge is power, knowing what's are up against is always valuable to making the best decision, based upon the facts and circumstances of your case.

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.

Your driving record is a very important indicator in the eyes of a prosecutor or judge as to how responsible the driver has been There are a number of factors that are considered in interpreting your driving record. These include the number of moving violations, traffic accidents,( where the driver is deemed to have been at fault) other infraction or misdemeanor violations like driving on a suspended license, driving under the influence of alcohol, hit-and-run, and other potential violations which can affect the outcome of your current case.

DUI cases can be dramatically affected by one's driving record and prior convictions of certain types of offenses. Typically, persons facing potential penalties for a first offense driving under the influence case without aggravating circumstances are not required to do any jail time, which is a very good thing.

Those drivers who have been convicted of driving under the influence offenses within the last 10 years face a mandatory minimum jail sentence between 96 hours and one year in jail. Anyone convicted of a third DUI within a 10 years face incarceration of between 120 days in jail and one year in jail.

It becomes clear based upon the above legislative guidelines that the law mandates substantially increased penalties based upon the driving record of the person arrested for a DUI.

Another consideration for prosecutors in determining their offer to settle is the frequency of prior offenses and other violations on one's driving record, as well as the recentness of prior offenses. For example, a driver who has recently been arrested for a DUI faces a much harsher penalty if his prior DUI conviction was very close to the conviction on his first offense. The typical Of probation on a DUI case is three years. If a second or third conviction occurs within this period of probation, potential penalties are far greater than they would be for cases outside of probationary term.

Prosecutors also add penalties which often include jail time for those drivers whose licenses are suspended at the time that they are arrested for a driving under the influence case. Further, even greatly increased penalties have been legislated for those drivers previously convicted of driving on a suspended..

Drivers convicted of hit-and-run, and other traffic related infractions and misdemeanors can be considered by a prosecutor and judge to increase the potential penalties the driver faces on his or her present case.

An experienced drunk driving defense lawyer, can use his skill and expertise in minimizing or eliminating the necessity of clients in these going to jail.

At the Law Offices of Ronald N Hoffman, we have represented thousands of clients in these circumstances and successfully eliminated or reduced the necessity of jail time.