Los Angeles DUI Lawyer Blog
Hoffman and Associates is a Los Angeles and San Diego based law firm specializing in protecting our clients facing drunk driving charges, as well as all criminal charges.
The scope of this blog is not to discuss the pros or cons of pleading guilty or no contest in any particular clients case, since the merits and facts of each case would need to be evaluated to determine the strength or weakness of a criminal prosecution, and whether or not a plea is in the best interest of the client. A careful analysis of any factual evidence, any blood or alcohol test indicating the presence of alcohol and/or drugs, and any witness testimonysfavorable to our clients.
There are three ways a person in a DUI or Criminal Case can be found guilty. At a court trial a judge after hearing all facts of the case presented by the prosecutor and the defense attorney find the defendant guilty beyond a reasonable doubt.
Secondly, at a jury trial consisting of a panel of 12 citizens hearing the case presented by the prosecutor and any defense put on by the defendant, a unanimous verdict of guilty is returned. It only takes one juror, who believes that the prosecutor has not proved its case beyond a reasonable doubt for guilt, to create an undecided or hung jury. In this case, the judge orders a mistrial and it is up to the prosecutor whether to make a decision whether to retry or dismiss the case.
Where a guilty plea, or finding by a judge or jury determines that the facts demonstrate th is run at the defendant is guilty beyond a reasonable doubt, the defendant is found guilty.
A no contest plea is a type of plea where the defendant accepts responsibility, but does not admit to the truth of all of the facts contained in the police reports. This decision is made when the defendant feelssit is in his best interest to accept the benefits of a plea bargain, which protects the client from a greater potential consequence or penalty.
A no contest plea should always be entered regardless of the facts, in any case where It is nan accident and or any potential injury is present. This type of plea protects the driver in the event that a civil suit is filed against the driver to recover damages for property damage and/or personal injury. This type of plea cannot be used in any manner against the driver in the event of a civil suit, and still allows the driver and his insurance company to even contest liability for causing the accident. A guilty plea, could be used against a driver in a civil suit which is never helpful. I’d yet to her son