Los Angeles DUI Lawyer Blog

Many of our clients make the mistake of thinking that because they meet the elements of a DUI that they will be found guilty and do not need to expend the money on a Los Angeles DUI Specialist. The first mistake people make is thinking that because they were drinking and have a higher Blood Alcohol Content (BAC) they will surely be found guilty.

The second is that they plead guilty at their first Court appearance, known as the Arraignment. They are then sentenced and proceed to serve their sentence which will usually involve a fine, license suspension and jail time if it is a second or severe offense.
We advise all of our clients and potential clients that this is a bad idea without consulting with an attorney. Regardless of whether you have a high BAC, or even one over .08, you do not know the requisite elements of a DUI case.

The prosecutor must prove two elements beyond a reasonable doubt. They must prove that you were intoxicated at the time you were driving, and that you were driving. Additionally, an officer cannot pull you over on hunch alone, there must be a valid reason to stop you as you are driving. Prosecution must present evidence and testimony that would prove that there is no other reasonable explanation, other than you were driving while intoxicated.

Even in situations where the government can easily meet the standards of a DUI, the sentence is subjective. The sentence imposed is based on a legislative range. The Judge will consider the facts of the case and the person's prior criminal history, and determine a sentence that would be appropriate for the case. The good thing about this, is that it is up for negotiation. A knowledgeable Criminal Defense lawyer would present positive evidence and testimony that would persuade the Judge to impose a lesser sentence that does not involve jail time and manageable fines.

Furthermore, there is always a DMV hearing when a person has been charged with DUI to determine the length of time a license will be suspended or revoked. The driver has the right to have an attorney represent them at the DMV hearing. An experienced attorney has handled thousands of DMV hearings and s familiar with the hearing officer's habits and usual mannerisms. Taking this experience into account, they can prepare a defense and your testimony so that the officer is inclined to only suspend the driver's license for a minimal amount of time.

A person who thinks they are guilty merely because they were intoxicated while driving makes the mistake of pleading prematurely. By pleading guilty, they are leaving the final sentence into the hands of the Judge, without any argument or subjective reasons for a minimal sentence. That is why the help of a Los Angeles Criminal Defense lawyer can go a long way in either having the case dismissed, or in the situation the person is found guilty, to have the most minimal sentence imposed.

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.

Many of our clients believe that because they have refused to take a Blood Alcohol Test during the time of their DUI arrest, there will not be enough evidence to find them guilty of a DUI. This, however, is not true. A person may be found guilty of a DUI based on the arresting officer's observations and any statements made by the driver.

When a person has been charged with a criminal offense, they have the option to accept a plea bargain made by the prosecutor. A plea bargain is an offer for the person being tried to plead guilty for a charge and in exchange receive a lower penalty. If a plea bargain is taken, the person charged will plead guilty to a charge before the criminal Judge and will be given a lowered sentence. If the charged person does not accept the plea bargain, further negotiations may be made. If there is no agreement, the case proceeds to trial.

Lets say David has been charged with a DUI where he has refused to take any BAC test. Officer's observed him as slurring, smelling of alcohol and weaving in and out of lanes. David believe that because he refused to take the BAC they will have no proof as to his intoxication and the case will be dismissed. Prosecutors offer David a plea bargain. They explain to him that if he pleads to a misdemeanor DUI, they will drop any enhanced penalties because of the refusal, and give him the lower end of the legislative penalty for Driving while intoxicated in California. If David takes the offer, he will go before a Criminal Judge and plead guilty to a DUI, be sentenced and his case is closed. However, if David decided he absolutely believes he is innocent, or that there is not enough evidence to find him guilty, he will proceed to trial.

The mistake many people make in a DUI case is that they believe there is not enough evidence to find them guilty of a DUI when they have refused to take a BAC test. Consequently, they do not take a plea bargain and opt to go to trial instead so that the court can make a finding. When there is a trial for a DUI in which the driver has refused to take a BAC test, the jury receives special instructions when determining a verdict. You can use the refusal as an admission of guilt if the person refused to submit for a BAC test after they were given an admonishment of rights. This assumption may only be used if it was given AFTER the admonishment of rights were read and if they were read properly so that the person understood which rights they were giving up.

Due to the fact that there is an assumption of guilt associated with a refusal in trial, it is in the best interest of a person who is charged with a DUI to retain an experienced San Diego DUI attorney. A knowledgeable DUI specialist will be able to provide a thorough analysis of the facts and determine which course of action and possible defenses will be best for the outcome of the case.

Plea Bargaining is a useful tool in many different criminal cases. A plea bargain is essentially an offer made by prosecution. If you agree to plead guilty prosecution will agree to give you a lesser charge and consequently a lesser penalty.

In drug possession cases, plea bargaining can have beneficial results and with the help of an experienced Los Angeles Criminal Defense attorney may be dismissed. An attorney will prepare a powerful argument convincing the Judge to allow you to enroll in a Drug Diversion Program. Many drug possession cases allow for rehabilitation and education classes that, if completed, lead to a dismissal of your case. This leaves your permanent record clean, and you would not be required to report it when asked.

For example, if a first time offender has been charged with a sizeable quantity of cocaine they could face possibly felony charges. However, a knowledgeable Los Angeles Criminal Defense Attorney would prepare a defense presenting the client in a positive light. The Judge would consider the strong argument presented in court and may grant the option to enroll in a Drug Diversion program, or in the very least reduce the charges. If a Drug Diversion program is completed, the charges will be dismissed. This is not only greatly beneficial to your future, but also helps you with future employment of educational institutions.

Plea bargaining is something everyone should consider. With the help of an expert in Criminal Defense law, you will be able to make the right decision on which offer to accept. The attorney's goal is the same as yours, to have your case dismissed!

A majority of criminal cases do not go to trial, instead they are resolved through a process called plea bargaining. A plea bargain is an offer made by prosecution at your first appearance in court, also known as your arraignment. Prosecution will ask you to plead guilty to a lesser charge. They will get the case completed at the very first appearance, and you will a reduced charge. This benefits prosecution and the court system by quickly resolving cases and keeping the costs low by avoiding trial. Whether this is a good idea for the person being charged depends on the specific facts of the case.

At your arraignment, you are asked to make a plea. This plea can be guilty, not guilty or no contest. When pleading no contest, you are not stating that you are guilty, but that you do not wish to argue the charge. You do not have the option to plead not guilty, or no contest when accepting a plea bargain. You must plead guilty in order to receive a lower sentence. The potential consequence of the lesser charge will depend on the case.

When making a plea bargain, you have to consider many things. On the surface it may seem appealing; getting a lesser charge and as a result a lesser sentence for just having to plead guilty. However, there is more to it than that. A plea of guilty will remain on your record. Additionally, it leave no room for negotiation in front of the Judge. An experienced San Diego Criminal Defense attorney can reduce your charge considerably more than prosecution's plea bargain.

For example, if you are charged with Driving Under the Influence, prosecution may offer you no jail time if you plead guilty. However, a knowledgeable Criminal Defense attorney may appear before the Judge and have the DUI charge reduced down to a reckless driving. Not only does this prevent a DUI from being on your record, it will have a beneficial impact on your auto insurance and DMV record.

An attorney knows when a plea bargain is a good offer, and when a case is worth arguing through years of experience. Someone who has not appeared in court before may not know when to plead guilty, or how much lower they can reduce their charge, potentially even have it dismissed. A professional can provide you with the guidance you need to get the results you want.

Los Angeles DUI Attorneys are not created equally. There are vast differences in and attorneys skill, expertise, and years of experience. When you have been arrested for a drunk driving case in Los Angeles, it is essential to have the protection and representation of a highly experience DUI Attorney.

Not only do attorneys have vastly different levels of skill, there is also a wide range of legal fees being charged. In general, the least expensive lawyers, typically have the least experience. When your freedom is on the line, going for representation by an attorney with little experience is never a good idea.

It is attorneys experience that makes the big difference between and an excellent result and a so so result. That being said, paying a very high attorneys fee does not guarantee a dismissal either. Carefully screening an attorney, and asking important questions, allows a potential client to develop a fuller understanding of the attorneys real level of experience in a courtroom, handling cases similar to yours.

There is no substitute for years of courtroom experience. Potential clients should query the attorney they are considering hiring by asking how many years they have been practicing, how many drunk driving cases have been handled, how frequently they go to the courthouse where your case is scheduled, and how familiar they are with the prosecutors and judges in that courthouse. It is always a good idea to take detailed notes when interviewing potential attorneys, so you can compare and contrast this information, as well as their relative fees.

Besides those factors mentioned above, there is one other essential subjective factor that plays a very important part in your decision. The lawyer -client relationship can certainly last a number of months or longer. It is vital that you feel comfortable talking to the attorney, and get a good sense that they are willing to take the time to explain legal concepts and strategies of how they would proceed in defending you, should you choose to retain them.

Your choice of an attorney to defend you when you have been charged with a DUI, is the most important decision you can make towards successfully resolving your legal problem.

Knowing when to accept a plea bargain is a very critical decision which requires analyzing objectively the prosecutors case, including any and all evidence they have, and any witnesses.

There are three possible outcomes of a DUI prosecution. The rarest is after the prosecutor in a courtroom finds an obvious error or other critical weakness in their case, theydecide to dismiss all charges. Keep in mind that prior to filing charges, a prosecutor office reviewed the entire contents of the police report and determined that there was sufficient evidence in their opinion to convict the defendant beyond a reasonable doubt.

The second is a more common scenario, where based on the merits of the case, and after a careful evaluation of both positive and negative evidence, the defense lawyer and prosecutor agree upon a reduced charge or terms of a case settlement. This process is called plea-bargaining.

A plea bargain is a stipulation or agreement between the parties to settle the pending criminal charges. In most courts this put in writing, and presented to the judge to officially settle the case by reading the terms of the agreement into the court record.

The next way to resolve a criminal case, if a plea bargain has not been reached, is by the clients exercising their constitutional right to a court or jury trial. At a trial, the prosecutor has the burden of proving the defendants guilty beyond a reasonable doubt. If found guilty, any previous offer or agreement to settle the case will be null and void. The judge at that point, makes the decision after arguments by both parties to pronounce a sentence based upon the facts of the case, and the legal sentencing guidelines for that charge.

Anyone facing a DUI charge, is faced with this dilemma. An experienced attorney can assist his clients to evaluating the merits of the charges against them, and weigh the pros and cons of each of these important decisions. The number one obligation of an attorney representing clients on DUI charges is to protect the client.

For over 30 years, our firm has been a valuable resource to thousands of clients facing DUI charges, and these important decisions as to whether or not to accept a plea bargain. Some plea bargains are exceptionally favorable, and recommended. Other plea bargains offered by the prosecutor in a particular case, are not.

The unique facts and circumstances of each client's case must be looked at. Having a trusted advisor skilled in these types of matters can help you evaluate and decide what's in your best interest. Protecting your legal rights, good record and freedom is always our firm's number one concern.

In California the courts tend to prefer drug treatment over a jail sentence for those charged with drug offenses. The hope of the court is to rehabilitate the offender rather than punish them by a sentence which could increase the probability of a second offense. Depending on the specific facts of your case an experienced Los Angeles Criminal Defense attorney will be able to tell you if you qualify for one of a few alternative sentences.

Many drug offenders qualify for Proposition 36. Proposition 36, California's Substance Abuse and Crime Prevention Act, allows those that have simple drug possession charges and are first or second time offenders to complete a substance abuse program instead of serving jail time. The programs are quite extensive and may include up to one year of education classes, therapy, inpatient or outpatient care and up to six months of aftercare.

Another alternative that may be available is referred to as a Deferred Entry of Judgment (DEJ). When granted a DEJ, the defendant pleads guilty, but is not convicted. The case is put on hold for 18 months and set aside. The defendant must then complete six months of a substance abuse program as well as avoid any additional convictions or charges. After 18 months are over, and the six months of a substance abuse program have successfully been completed, the charge is wiped clean.

The defendant also has the option of completing a Supervision and Treatment program. The program is divided into stages and as each stage is completed the defendant receives additional freedoms. At the end of the program, the charge is dismissed if the defendant has adhered to all guidelines and followed all requisite stages.

One of these alternatives may be available to you in which case your charges could be dismissed leaving your record completely clean. Consult a knowledgeable Criminal Defense attorney who has been practicing for over thirty years and has dealt with thousands of drug possession cases. The attorneys at Hoffman and Associates make daily appearances in all criminal courts in Southern California and have built up a solid reputation in the legal community, a value that is reflected in the zealous advocacy our attorneys provide and the desired results we get our clients. Give our office a call today, and give your case the best possible chance in getting dismissed.

A witness is anyone who observes anything. Literally, in a DUI or other Criminal Case the police officers are the star witnesses because their observations form the foundation for your arrest as well as the basis for criminal charges against you.

For example, in a DUI arrest the officer's observations the driver had been weaving or lane straddling provides the probable cause or legal reason for the traffic stop. Although police officers are supposed to be neutral and unbiased civil servants whose job is to protect and serve, that's not always the case. A police officer's job is also to build a criminal case for the prosecutor when they suspect a criminal or vehicle code violation has occurred. This can cause one to question the written the neutrality of their observations and opinions.

Theoretically, a defendant in a DUI criminal case is also a witness, but often their statements or recall of events is seen as suspect because it is often tainted because of their perceived bias to minimize or eliminate any responsibility on their part.

Anyone charged in a DUI or Criminal Case can certainly benefits by having a witness which can if they are willing to, testify to positive aspects of one's defense, or offer exculpatory evidence which can cast doubts on the observations of the officers or other prosecutor witnesses. A percipient witness is a person who actually observes events which often have led to the defendant's arrest. This type of witness is the most valuable, since they are often viewed more neutral than the defendant himself.

Another category of witness, call an independent witness can be very valuable as Well. This witness is often viewed with more credibility since they are not favoring either side, and often have no ax to grind or motive for falsification, because they often do not know any of the parties. These type of witness are viewed as just telling what they saw, without putting a spin on it, favorable to either the prosecution or defense.

Witnesses have the capacity to convince a prosecutor, judge, or jury of the truth, or lack of truth. In simpler terms, one or more witnesses can not only help show that you are innocent, but, it can also help show that you may be guilty. A careful evaluation, by an experienced Los Angeles Criminal Defense attorney, of the value of any witnesses testimony needs to be carefully reviewed and considered before introducing their testimony at a court or jury trial.

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.

The officer's observations in the police reports that he completes after an arrest, are the basis for determining the relative strength or weakness of the state of California's case against you.

In a driving under the influence arrest, the first critical element to evaluate is whether the officers had probable cause to stop you. In a DUI case, the more vehicle code violations the officers cite in their report create a stronger case for the prosecution. Vehicle code violations such as technical violations, like no license plates, or a tail light out although valid probable cause, create a weaker case for the prosecution.

Vehicle code violations like weaving, lane Straddling, or driving on the wrong side of the street, create a stronger case for the prosecution since they add a link for the prosecutor to build a case of a impaired driving.

Although citations for alleged violations are generally not issued for each separate violation, the officer is always seeking to list as many possible violations to build a stronger case against you. Eventhough a ticket typically is not issued at the time of arrest for any DUI, don't be surprised that the officer had listed each and every violation he claims he saw in your police report. Carefully reviewing this report can make you and your attorney aware of the numerous discrepancies contained in the report.

The field sobriety tests, or coordination tests are given by the police officer as a building block to show your lack of coordination and impairment related performance. Although it is always good to be cooperative, it is also important to know what is legally required, and that which is not. These field sobriety tests are not required by law, and since 90% of all drivers completing these do not pass in the officer's eyes, there seems little advantage to agreeing to perform these tests, which are challenging without consuming alcohol.

Your blood-alcohol testing or BAC level, is the contents of your alcohol level determined by a breath or blood test. You have a choice of completing either of these tests, and although the choice is yours, the law requires that you complete at least one of these tests when requested by a police officer who suspects that you have been driving under the influence.

The higher your blood-alcohol level above the legal limit of .08% creates a stronger case against you. Your statements about what alcohol you have consumed, or your admissions to feeling buzzed or impaired, rarely are favorable to making you look better. It is always good to refrain from making additional statements which further corroborate the officers observation about your level of impairment. Don't help the prosecutor build a stronger case against you.

It is important to understand the scope of issues involving being prosecuted on suspicion of driving under the influence of alcohol and/or drugs. A DUI arrest begins a systematic process by the Department of Motor Vehicles to suspend your driving privileges, even if this is your first offense.

Although both the court and the DMV procedures seek to sanction a driver for the unlawful use of a motor vehicle after the consumption of an illegal level of alcohol or drugs, they go about it in very different ways. Each entity follows different guidelines, and separate issues and procedures, and totally different consequences. The main thrust of the DMV is to determine whether or not the alleged DUI driver was stopped by the police with proper cause, and whether or not the driver had a blood alcohol level (BAC) of .08 or over. More severe and longer suspensions are doled out to drivers who refuse to submit to a chemical test, after being stopped on suspicion of driving under the influence.

The courts approach the issues above, but use different sanctions. A range of potential penalties including probation, fines, jail time, alcohol programs, community service, hospital/morgue programs, and mothers against drunk drivers meetings, as well as Alcoholics Anonymous attendance are some of the legislated penalties facing those convicted of DUI's.

The attorneys at Hoffman and Associates are tough courtroom advocates, but take the time to explain to each of its clients the challenges one faces after being arrested for a drunk driving case. So much of the fear and anxiety of the unknown is traded for an awareness of the value of being protected by a skilled DUI attorney.

Our sole goal and responsibility is to minimize or eliminate the potential hardship and consequences of a DUI arrest. Our firm has advised thousands of clients in situations similar to yours feel better, by understanding all of your legal rights, defenses and most importantly their options.

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.

When clients are unfortunately faced with being prosecuted for a DUI or other Criminal offense, it is not uncommon to feel overwhelmed and fearful about their rights, defenses and possible consequences they could face if they were found guilty.

The most important decision is selecting an attorney who firstly they trust, treats them with compassion and respect, And yet is completely honest. This lawyer should possess extensive experience and courtroom skill, as well as possessing long-standing relationships with judges and prosecutors which gives them a rich and deep understanding of the treacherous waters of the legal justice system.

Potential clients should be wary of attorneys who are not willing to explain their defense strategies for protecting you, but merely say 'don't worry, I'll take care of everything'.This keep you in the dark style of representation was popular many years ago in the legal community, but although still present among some attorneys, thankfully is in the minority.

Effective legal representation in DUI and Criminal cases should always be a partnership between lawyer and client. A lawyers job, and only job is to protect the best interests of the client by achieving the best results possible based upon the evidence gathered by the police, and any defenses, evidence, or witnesses the client has in their defense.

It is not unusual, that the client possesses the most valuable information possible, since frequently the client was present at the time of the alleged violation. Police officers, although theoretically are employed to protect and serve the community, are by no means a neutral as it or disinterested party. The suit comes ir observations, gathering her of evidence, and opinions can be tainted by their desire to build a case against you.

It is essential that you assist your counsel by being openand honest about everything you know about the charges against you, both favorable and not so favorable. A client should never withhold anything from his or her lawyer because of their fear, shame, or embarrassment. Lawyers are not here to judge, but to defend and protect. Keep in mind,that besides what a lawyer reads in any police report, very often the attorney is left with a certain impression of the case. It is always important for the client to provide as much information as they can to assist the legal counsel in properly evaluating and preparing your defense. This important information can often lead to dismissals,or reduced charges and penalties.

Lawyers need and appreciate information from their clients through a full and open disclosure of everything they know so they can use their skill in presenting all favorable information to the judge and/or prosecutor to obtain the best results.

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.