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.

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.