Articles Posted in Alternative Sentencing

Penalties for a DUI conviction can range from fines to jail time. The final sentence will depend on a number of different elements that a prosecutor has available to penalize people charged with driving under the Influence. These include probation, fines, different alcohol programs, Cal Trans ( trash clean up) and jail time.sfactors, and therefore it is difficult to ascertain a specific formula as to which sentence will be given.

Clients often overgeneralize about the penalities for a DUI arrest and believe there is a set penalty for a DUI case, however this is not the case. DUI sentencing laws are written in ranges of potential consequences. Although there are certain minimum penalties set by law if one is convicted, skilled defense lawyers can often minimize the harshness of great punishments

Fines will range from $390 to $1,000 plus penalty assessment. The penalty assessment will triple the fine as a result of court costs and taxes. Consequently, the more accurate range including all costs is from $1,500 to $4,500.

A plea bargain is a result of a negotiation between a prosecutor and your defense attorney regarding the specific terms of the case settlement or plea. There are two major considerations which make a negotiated settlement or a plea bargain, which it’s commonly called, a good idea.

The most important first step is to have your counsel prepare a complete case evaluation of the evidence contained in your police report. The law requires that for somebody to be guilty of a particular offense, that all critical elements of that offense have been met. For example in a driving under the influence case, it is essential that the prosecutor prove that the defendant was driving and that when tested had a .08% or more blood alcohol. Unless the prosecutor can prove that the police or other credible witness observed some driving by the accused then there exists a strong defense to quilt.

Careful consideration should be given to the clients recollection of the events that led to their arrests and whether or not they agree or disagree with the allegations contained in the police report. It is important to determine whether any legal excuse or exculpatory evidence or witnesses can contest any observations, statements or other evidence. This type of legal defense attacks the accuracy and or credibility of the prosecutors case in chief. An experienced courtroom lawyer can render his expert opinion on the relative strengths and weaknesses of both sides of your case.

For all of the 30+ years that I have represented clients facing DUI charges, the County of Los Angeles has used a number of jail free alternatives to reduce the severe overcrowding in our jails.

Los Angeles judges and courts struggle to strike a balance between the legal requirements of incarceration for certain DUI cases. Major considerations include issues of public safety, and the increasing demands for space in our jails.

Programs like work-release, which allowsthose convicted of multiple DUI offenses to avoid jail time by working their own jobs during the day and sleeping in a dormitory type setting at night, were always very popular alternative to incarceration. Although used extensively for many years , this program was lost to budget cuts several years ago and never replaced by the County of Los Angeles

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