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.

If you are arrested for a driving while intoxicated charge you will have to appear before a criminal judge and enter a plea. You may enter a plea through an experienced San Diego DUI attorney that is representing you, or you may enter it yourself before the judge.
If you enter a plea of guilty or no contest, you will be asked to initial and sign a DUI Advisement of Rights, Waiver and Plea form. This Advisement informs the signer of the possible consequences they may face for their plea of guilty or no contest. Among those consequences, there will be several affecting your rights as a driver and will be addressed by the DMV.

The person making the plea will be notified that if the Court determines that they are a risk to traffic or public safety if they were allowed to drive during the period of license suspension, they will not be allowed to obtain a restricted license. A restricted license allows a driver to drive to and from work and to and from alcohol or drug rehabilitation programs.

The form also advises that a separate civil hearing will be held with the DMV to determine driving privileges. This DMV hearing has no bearing on the criminal proceeding and vice versa. However, any penalty imposed by the DMV will be in addition to the penalty imposed by the Criminal Court and cannot be counted towards the other.

The DMV will also refuse to allow you to operate a commercial vehicle for one year if it is a first offense DUI, or there was a refusal, even if it occurred in a non commercial vehicle.
Additionally, the DMV will revoke your driver's license for 4 years if you have a prior felony conviction in the past ten years of certain sections of the California Vehicle Code, or the California Penal Code. When deciding a proper penalty, the DMV will also take into consideration any other DUI convictions or reckless driving convictions and may impose a more severe suspension or revocation.

In order for a license to be restored after the mandated time of suspension has been served, the driver must provide proof of insurance as well as a successful completion of an alcohol/drug program, even if it is not required by the criminal court.

The DMV consequences you may face for pleading guilty or no contest to a DUI are as serious as the criminal court sentences. A Los Angeles Criminal Defense lawyer can represent your interests and protect your rights during a DMV hearing. Do not enter a plea before considering all the available options and defenses by discussing it with a DUI specialist. With the help of a professional, you may be able to reduce your penalties or possibly even have your case dismissed.

If you are arrested for a driving while intoxicated charge you will have to appear before a criminal judge and enter a plea. You may enter a plea through an experienced San Diego DUI attorney that is representing you, or you may enter it yourself before the judge.
If you enter a plea of guilty or no contest, you will be asked to initial and sign a DUI Advisement of Rights, Waiver and Plea form. This Advisement informs the signer of the possible consequences they may face for their plea of guilty or no contest. Among those consequences, there will be several affecting your rights as a driver and will be addressed by the DMV.

The person making the plea will be notified that if the Court determines that they are a risk to traffic or public safety if they were allowed to drive during the period of license suspension, they will not be allowed to obtain a restricted license. A restricted license allows a driver to drive to and from work and to and from alcohol or drug rehabilitation programs.

The form also advises that a separate civil hearing will be held with the DMV to determine driving privileges. This DMV hearing has no bearing on the criminal proceeding and vice versa. However, any penalty imposed by the DMV will be in addition to the penalty imposed by the Criminal Court and cannot be counted towards the other.

The DMV will also refuse to allow you to operate a commercial vehicle for one year if it is a first offense DUI, or there was a refusal, even if it occurred in a non commercial vehicle.
Additionally, the DMV will revoke your driver's license for 4 years if you have a prior felony conviction in the past ten years of certain sections of the California Vehicle Code, or the California Penal Code. When deciding a proper penalty, the DMV will also take into consideration any other DUI convictions or reckless driving convictions and may impose a more severe suspension or revocation.

In order for a license to be restored after the mandated time of suspension has been served, the driver must provide proof of insurance as well as a successful completion of an alcohol/drug program, even if it is not required by the criminal court.

The DMV consequences you may face for pleading guilty or no contest to a DUI are as serious as the criminal court sentences. A Los Angeles Criminal Defense lawyer can represent your interests and protect your rights during a DMV hearing. Do not enter a plea before considering all the available options and defenses by discussing it with a DUI specialist. With the help of a professional, you may be able to reduce your penalties or possibly even have your case dismissed.

If you are arrested for a driving while intoxicated charge you will have to appear before a criminal judge and enter a plea. You may enter a plea through an experienced San Diego DUI attorney that is representing you, or you may enter it yourself before the judge.
When a plea of guilty or no contest is entered, a DUI Advisement of Rights, Waivers and Pleas form will be read to you and initialed. It goes into the record as proof that you were informed of the rights you were giving up by pleading guilty or no contest and what the potential consequences may be.

A section in the form lists all the consequences of your plea of guilty or no contest. Each of those will be read to you and you will be asked to initial and indicate that you understand the statements.

A chart of potential statutory are explained to the driver and they must indicate that they understand the maximum and minimum penalties for the offense(s) they are being charged with. They must then acknowledge that in addition to the fine, the Court will add assessments that will significantly increase the amount. For example, a fine of $600 can easily be closer to $1,500-$2,000 once all assessments have been calculated. In addition to the fine, with assessments, they will be asked to possibly pay a fine for restitution between $100 to $1,000 unless the Court finds a compelling and extraordinary reason not to do so.

A small section in the explanation of consequences pertains to those that were found driving under the influence while underage. If a person is under the age of 21 when arrested for a DUI, their license will be suspended for a year and their license will have to be suspended to the Court. In situations where the driver does not have a California Driver's license, the Court will order that the DMV suspend the driver's license for a year after they become eligible to drive.

Furthermore, the Court asks the person being charged to understand that their vehicle may be impounded for up to 30 days at their expense. Also, the court may require that an Ignition Interlock Device (IID) be installed into their car for up to three days. An IID is a device that requires a person blow into a breathalyzer before the vehicle can be started. It ensures that a person does not driving while under the influence.

The consequences of pleading guilty or no contest can be harsh. If a person enters a plea without first consulting a DUI lawyer, they may be agreeing to consequences that could be reduced with the help of an attorney. Before you enter a plea, be sure to consult with an expert and discuss the many different options and possible outcomes of your case. A DUI on your permanent record could affect many aspects of your life.

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.

The potential consequences for driving on a suspended license differ based on the reason a license was suspended or revoked. One of the most serious offenses resulting in license suspension or revocation is a DUI. California Vehicle Code §14601.2 prohibits a person from driving, when they have had their license suspended or revoked for a DUI conviction under California Vehicle Code §§ 23152, or 23153, if the person has knowledge of the suspension or revocation.

For a first offense there is a mandatory minimum jail time of ten (10) days up to six (6) months in county jail. There is also an additional fine from $300 to $1000. The sentence will be determined by a person's criminal history, and the specific facts of the case and the reasons for which their license was suspended. Fortunately, a wide range of possible consequences leaves room for negotiation by an experienced Los Angeles Criminal Defense attorney.
If it is a person's second offense within a five years of a previous driving on a suspended license conviction, the penalty range is higher. The consequential penalty may include thirty (30) days to a year in county jail, and a fine between $500 and $2,000 as well as extended probation.

The judicial system takes these charges very seriously, and does not view them as minor infractions. They are generally charged as misdemeanors and consequently go on the permanent criminal record. However, the professional legal expertise of a knowledgeable attorney may help reduce the charge. The most important benefit in reducing the charge is to receive the lowest penalty, so that jail time is avoided and fines are kept minimal.

The attorneys at Hoffman and Associates strive to present each case as more than a number to the Prosecutors and the Judge. By providing letters from friends and family, positive recommendations from Employers and community members we help the Judge form a positive persona of each client. Thus achieving our goal of giving each person the best possible results!

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.

There is a well-known expression that perception is reality... what does that mean? This phrase as many different applications and contexts. The scope of this blog is to try and explain that being arrested for a driving under the influence of alcohol or drugs carries with it many negative connotations. For example, the term drunk driving gives the impression that the person arrested was in fact drunk. In fact, the law does not require a driver to be drunk, but merely to be driving a motor vehicle with a .08% of alcohol in their bloodstream.

At a trial of a DUI case, prosecutors and even judges present police officers, and their statements as impartial, and unbiased parties. In fact, police officers have an agenda, and that is to build a case against a driver to support their impression that they have been violating the law by driving under the influence of alcohol or drugs. They are not neutral, and their observations are colored by their own perception, and by their own need to support their opinion that this driver has broke the law.

Clients of our lawfirm of DUI defense attorneys, frequently our surprise when we are reviewing the air police reports of their arrest, of how negatively they are portraying by their arresting officers.

It's quite interesting, then only negative conduct by the driver is reported and noted, when any positive conduct is rarely documented. For example, almost all police reports describe the driver as smelling of alcohol, having red, bloodshot and watery eyes. Slurred speech, lack of coordination or balance. Good performance for example, on field sobriety tests, is rarely reported.

Fast forward to the courtroom where your Los Angeles DUI case is being heard. Picture the only information about you case # xxxxxxx being a 100% negative report written by the police officers. They are in lies the problem of how to change this image.

An essential component of our defense strategy on every DUI case is to request that our clients complete a written explanation of the events of the night they were arrested. We also request lines to provide as within work resume, letters of reference or recommendation, and any other positive information about who they really are.

Presenting this positive information to the prosecutor has a powerful effect on demonstrating a more fair and balanced account of what happened the night that they were arrested. It is essential to show the prosecutor a more accurate and fair picture of what really happened.

This legal strategy, called mitigation, is critically invaluable to educate the prosecutor and judge to see our clients in a much more positive lights, thus achieving a much more favorable result.

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.

One of the most significant consequences that a DUI conviction may have on your life is that it may change your immigration status. When it comes to Immigration law, the Immigration Judge has a great amount of discretion on his decision as it is not objectively outlined in the Naturalization and Immigration Act.

While many drug offenses and more serious criminal offenses will most likely lead to deportation or revocation of your status, a DUI is much more subjective. The Judge will decide based on several factors if the DUI will prevent you from obtaining or maintaining your status. He or she will often consider your criminal record, how long you have been in the United States, your family situation, job history as well as other aspects of your life.

If you only have one DUI on your record and nothing else, chances are it won't have much of an effect on your Immigration Status. However, if you are on your third DUI and were on probation, the Judge will seriously consider deportation or terminating your status as either a citizen or Legal Permanent Resident.

The best way to assure your immigration status remains protected is to reduce or dismiss the DUI itself. Criminal court is very different from Immigration court and the Immigration Judge does not have the ability to reduce your DUI charges. Hiring an experienced Los Angeles DUI attorney will ensure that someone who knows the field very well can provide a powerful defense in order to give you the best possible chance of having your charge dropped or reduced.

Keep in mind that a simple DUI conviction can affect many aspects of your life. Having your immigration status reconsidered is something you want to avoid at all costs.

There is a very crucial difference between a DUI arrest and a conviction, one that leads to very different consequences.

A DUI arrest is an allegation made by officers that they have facts supporting a guilty finding for driving under the influence. An arrest doesn't mean that you have been found guilty, it simply means that officers feel that you were driving under the influence and it still remains to be proven. The law will presume you are innocent until you are proven guilty. If you are found guilty in a court of law by either an entered plea, a judge or jury trial, then you will be convicted of a DUI. Until that point, there is no conviction but merely an arrest.

The consequences also have stark differences. With a DUI arrest there is nothing on your record and you are not required to disclose this information to any institution or employer that asks about your criminal record. Remember, a DUI arrest is not on your record because you have not been found guilty of the alleged DUI.

When convicted of a DUI the consequences it has on your life is a lot more intense. You are required to report it to any institution or employer that asks for your criminal record. The DMV will also be notified and will result in a reconsideration of your driver's license and an increase in your auto insurance rates. Additionally, if you are not a natural citizen of the United States then your immigration status may be affected.

An experienced Los Angeles DUI attorney strives to ensure that your DUI arrest doesn't result in a conviction. The consequences of a conviction in comparison to an arrest can significantly change your life.

When a person is charged with a Los Angeles DUI case they are required by state law to be placed on a minimum of 3 to 5 years of Summary Probation along with a fine to be paid and a rehabilitation program to be completed. In some cases jail time will also be required.

There are two types of probation, informal and formal. Informal probation is generally the case for first offense misdemeanor DUI charges. It is unsupervised whereas formal probation requires the supervision of a deputy probation officer and is usually part of a sentence in more extreme felony charges of DUI.

There are two type of probation violations: external and internal. An internal probation violation results when a person fails to complete the required rehabilitation classes or pay the required fine. An external violation results when a similar crime is committed within the probationary period.

When probation has been violated a warrant is put out for the person's arrest. Sometimes the court will send out a notice, but oftentimes there is no notice, just an arrest. The judge is not required to reinstate the probation and has the discretion to add additional sanctions for the violation, including jail time.

An experienced Los Angeles DUI attorney has appeared on hundreds of probation violations cases. At Hoffman and Associates, we appear on your behalf in front of the judge, decreasing the possibility of being arrested in court. One of our most recent clients with a probation violation got the probation reinstated without additional sanctions or any jail time. After 30 years of practice, we have built a solid reputation before the criminal judges in Southern California. The value of this reputation is reflected in the outcome you want. Contact our office for a consultation without cost of obligation and learn what we can do for you!

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.

Many of my clients ask me what it means for those charged with a Federal drug possession charge, especially in regards to charges involving Medical Marijuana in California.

A great majority of marijuana cases are handled by state prosecutors, it is only under certain circumstances that the Federal government may choose to get involved. If there is a very large quantity of marijuana that was found in the possession of the defendant, it would be a matter in which the Federal government would prosecute. Similarly, if it involves international matters, such as crossing national borders with marijuana in possession or the intent to sell the issue becomes one that is no longer in the hands of the State government. If the charge concerns Federal property such as a national forest or other protected grounds, Federal agents would be the ones who take over the investigation from the State officials and prosecutors.

If the case becomes one for Federal court, certain defenses available in State court are no longer viable. Medical marijuana and California Medical Laws are not recognized as defenses. So it is as beneficial as possible to hire a California Criminal Defense attorney who can powerfully argue in your favor and strive to keep the case in State court.

The potential consequences of a Federal drug possession charge is also something that you should fight hard to reduce or avoid if you find yourself in that situation. Penalties can range from 0 to 20 years in the State prison depending on the amount of marijuana that was in your possession and several other factors such as Criminal background, level of involvement and age.

An attorney experienced in Marijuana Possession cases and familiar with the legalities of Medical marijuana can zealously argue your case in court so that you are shown in the best possible light. The knowledgeable attorneys at Hoffman and Associates immediately get to work collecting positive letters and acknowledgements from your family and friends in order to present to the Judge the person you really are, outside of the criminal charge. We offer FREE CONSULTATIONS so that you can learn what options and consequences lay before you and what we can do for you. Contact our office today!