Articles Posted in Uncategorized

Oftentimes, when you have been charged with driving under the influence, you may be held in custody until the completion of your criminal case. Anytime you are stopped on suspicion of driving under the influence, you will be taken into custody. However, you will be released after a few hours, when officers believe that you are no longer intoxicated.

In some cases, they will detain you until your first criminal court appearance. At that first appearance, referred to as a bail hearing, the Judge will make a decision as to what your bail will be, if any, or if you will be released on your own recognizance (OR). There are only certain situations in which you mustsappear at a bail hearing before you can be released. If you have prior DUI’s, the Judge may require it, if you have previous failure to appears, or if the facts of your case amount to a felony charge.

At a bail hearing, the Judge is interested in two key points: 1) Are you a risk to society, and 2) are you a flight risk.

Many of our clients come into our office after they have been arrested on suspicion of driving under the influence. They are very stressed out, and scared about what they are going to do next. One of their biggest concerns is how long it will take to complete the whole process. They want it to be completed as soon as possible. However, it is important to understand that getting the results that you want will take time. The experienced Los Angeles lawyer will have to prepare his argument, and his case. He or she will have to collect evidence, discovery and spend time negotiating with the prosecutor.

Many times, the case may need to be continued. If sufficient discovery has not yet been collected, the attorney has no choice but to continue the case. Continuing the case allows the attorney to spend time reviewing the facts that he needs to review and collecting audio and video surveillance if it exists. It would be unadvisable to enter any type of plea without having an adequate understanding of the facts of the case.

Let’s consider an example. David hires a knowledgeable DUI professional to help him with his case.sDavid’s first appearance in Court, called the Arraignment, is three weeks from the date of his arrest. The attorney he has hired to represent him appears on that day before the Judge. He requests the police and arrest report from the Prosecutors and he is handed the paperwork that day. The attorney does not want to enter a plea on behalf of his client until he has the chance to review the paperwork with his client. He also learns from the Prosecutor that there is also a video of visual surveillance. This is crucial to David’s case, and the attorney must review it prior to entering a plea. Watching the video may weaken Prosecutor’s case, or it may provide a defense for the attorney.

If you have been charged with a criminal offense in Los Angeles, you will be required to appear before the Judge. The first appearance before the Judge is called an arraignment. At the arraignment you are asked to enter a plea after you have been explained the charges against you and the potential consequences. You have the option of entering a plea of guilty, not guilty and no contest.

At the first court appearance, you will also be given an offer, referred to as a plea bargin by the Prosecutor. The offer generally means that if you plead guilty on that day, you will be sentenced to what they are offering you. This offer is a better deal than what you could potentially get if you go to trial. The incentive is to close your case and have you enter a plea so that they can avoid going to trial.

If you feel that the offer is a good one, and it is a very good idea to discuss the offer with a Los Angeles Criminal Defense attorney before accepting it, you can enter a plea of guilty or no contest and your case will be completed.

Once a person has been arrested on the suspicion of a DUI, it becomes an extremely stressful time for them. They try to cope with the events that have just taken place and struggle to understand what happened and what their next step should be. Hiring a knowledgeable Los Angeles DUI Attorney helps alleviate some of the stress as the professional will help guide and advise you as to what decisions you should make.

Contrary to popular belief, it is not just a waiting game after your arrest. Many of our clients come into our office stating that it is just a time for them to sit back and wait to see what the Judges and Prosecutors do with their case. This is not the case. There are in fact a few things you can do with the help of your attorney to help mitigate the potential consequences of a DUI.

To the Prosecutors your file is nothing more than just another case number. To them you are just a defendant, who has been charged on the suspicion of a DUI. It is the job of the legal professional you hire to change this impression. They must present you to the court as a person, with a history, and lifestyle. They must demonstrate that your charge does not define you, it is one incident, but in no way reflects your character or you as a person.

As of July 2010, there will be a lot more at stake for those convicted of Drunk Driving violations.sProsecutors in Los Angeles County and three Northern California Counties will require repeat offenders convicted of driving offenses involving alcohol to install into their vehicles an Ignition Interlock Device. The law will be effective until January 2016 with additional limitations for second and third time offenders to follow later this year.

The Ignition Interlock Device is a device that is installed into the dashboard of a car and requires that the driver blow into the machine before the car can be started. The Ignition Interlock Device will not allow the car to start if the amount blown into the device registers a blood alcohol level over a preset limit. Often the device will require that rolling tests be performed. This means that the device will ask for the driver to blow into the device after he or she has started driving at five to thirty minute intervals. This will ensure that the driver does not have a sober friend blow into the device for them, or they do not start drinking after they have started the car and begun driving. The device will store all results of tests which can be downloaded and provided to law enforcement. Monthly maintenance is required on the device to ensure that it has not been tampered with and to download reports and document the amount of failed tests.

In addition to being a hassle for the driver, an Ignition Interlock Device will be quite costly. The expense of maintenance, installation and rental will fall upon the Driver. Although prices will vary, one can expect to pay a rental fee from $70 to $100 along with an installation fee of $100 to $200 and extra expenses can be expected. These devices are often required to be maintained for about one to three years or for as long as the driver attends an alcohol program.s