Los Angeles DUI Lawyer Blog

Articles Posted in Defense

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If you have been charged with a DUI and at the time of your arrest you refused to take a chemical test, then the consequences regarding your license may vary. A DMV hearing must be scheduled within ten days of your arrest. At the DMV hearing, an officer will review the facts of your case and determine what sanctions to impose on your license, if any. You have the right to have an attorney appear on your behalf at a DMV hearing.

If you refused to take a Chemical test that would allow the arresting officer to gather evidence regarding your Blood Alcohol Content, your potential consequences will differ from those that submit to the Chemical Test. You have a right to refuse to take the initial chemical test administered at the scene, but generally must comply with the test given at the station.

If you are over 21 years of age, and have been arrested the DMV may suspend your license for one year on a first time offense. For a second offense, you license may result in a two year revocation. For any third of fourth time offense, your license will result in a three year revocation.

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With all the celebrations going on during this time of year, it is a great time to get together with family and friends, but it is also a time of year when there is an increased amount of arrests. Many people are out and about on the streets, especially during block parties and holiday events. However, it is illegal in the State of California to have any alcohol in public. This means that you are not allowed to be consuming alcohol or have it open on public streets, and outdoors.

If you are stopped by officers for an alleged drinking in public violation, be familiar with your rights. You do not have to inform the officers as to what you are drinking, you may politely decline to comment. Much like your rights during a DUI stop, you have the right to remain silent and to refrain from saying anything that mightsbe incriminating.

Based on the surrounding facts of your arrest, your case may be strong or weak. For example, if officers have no proof that you were in fact drinking, then you may have a stronger case that could lead to a dismissal. If officers have statements and solid proof that you were in possession of alcohol on a public street, then your case could be very weak. An experienced Los Angeles criminal defense attorney has the knowledge and background to prepare a powerful defense on your behalf, whether your case is strong or weak. By coming to court prepared and ready can lead to a dismissal or reduction in charges. A small charge such as drinking in public may seem like it is not an issue, but the truth is that any offense on your record can cause hassle and trouble in the future. Keep your record clean and give yourself the best chance of obtaining your desired outcome!

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sLos 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.s

It is attorneys experience that makes the big differencesbetween and an excellent result and a so so result.sThat being said, paying a very high attorneys fee does not guarantee a dismissal either.sCarefully 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.

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A lot of my clients ask me if they made the right statements during their DUI arrest. Any statement you make will go onto the arrest report and can be used against you when you appear before the judge.

Arresting officers have a right to ask investigative questions. It is their job to build a case and to gather as many facts as possible. You have the right to not say anything self incriminating. While you are required to give the officer your basic information, name, address, driver’s license, insurance, etc., you are not obligated to answer all of their questions pertaining to your evening.

Officers will ask you if you have been drinking, where you were that evening, how much you had to drink, how much you had to eat that evening and any other questions that will help them build a case against you before the judge. You are not required to answer any of these questions.

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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.

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A lot of my clients ask me if they made the right statements during their DUI arrest. Any statement you make will go onto the arrest report and can be used against you when you appear before the judge.

Arresting officers have a right to ask investigative questions. It is their job to build a case and to gather as many facts as possible. You have the right to not say anything self incriminating. While you are required to give the officer your basic information, name, address, driver’s license, insurance, etc., you are not obligated to answer all of their questions pertaining to your evening.

Officers will ask you if you have been drinking, where you were that evening, how much you had to drink, how much you had to eat that evening and any other questions that will help them build a case against you before the judge. You are not required to answer any of these questions.

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The credibility or believability of an officer saw summations and statements should never be considered totally accurate or correct. It is essential that all statements declare fully scrutinized and challenge by her attorney in a DUI or other criminal case.

Very often when our attorneys are reviewing police reports with our clients, major and minor factual discrepancies appear with no rational explanation. Although it’s easy to assume that the clients, or person being charged with the offense is lying or fabricating to make themselves look better. There is often another reasonable explanation.

Although police officers are employed to protect and serve the community, and hold themselves out as neutral and unbiased people, that is not always the case. Police officers also have an agenda… that is to build a criminal case against a suspect who he has determined to be guilty.

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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).sWhen 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.s

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An experienced Los Angeles Criminal Defense Attorney has extensive knowledge of the defenses that may potentially apply to a marijuana possession charge. Consequently the case may be dismissed so that you have no conviction on your record.

Most defenses will only be helpful in cases where the amount of marijuana found in possession was less than an ounce. When it is such a small amount, there is a higher chance to persuade the Judge and Prosecution to dismiss or reduce the charges with a powerful and strategic argument. Hoffman and Associates has handled thousands of cases concerned with drug possession over our thirty years of practice. Many have led to dismissal due to the successful and zealous advocacy of our skilled attorneys.

Our attorneys immediately get to work preparing a defense that will most benefit our clients. We begin negotiations with the prosecutor right away and discuss the opportunity for informal diversion. Informal diversion is an agreement that the defendant will attend Narcotics Anonymous or similar meetings in exchange for the charges being dropped. It is far better than court ordered, formal Judgment because it avoids lots of time, and costs as well as the charge itself.

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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. Ifsthe 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.

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