Los Angeles DUI Lawyer Blog

Articles Posted in Sentencing

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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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Contrary to popular belief, California Vehicle Code 23152 is not limited to charges for driving under the influence of alcohol. Those found driving impaired under the influence of marijuana may be charged for a DUI, even without the presence of alcohol.

In DUI cases involving no alcohol, and solely marijuana, the prosecution has a harder time making a stronger case. This is because State law has determined that a person with a Blood Alcohol Level of .08% makes a driver too impaired to drive.sThere is no set amount of marijuana that causes a person to be too impaired to drive and so the standard is subjective and relies on various factors. Consequently, an experienced Los Angeles Criminal Defense Attorney has the knowledge and expertise to create a powerful defense, to get a case reduced or even dismissed and in the very least penalties that fall at the lower end of the spectrum.

When pulled over for suspicion of driving the under the influence, you will be given the option to choose a breath or blood test. Criminal Defense attorneys who have handled thousands of marijuana cases will recommend that you take a breath test, as it does not register the THC found in marijuana as readily.

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The potential consequence for a Los Angeles Drug Possession charge, varies upon several different factors. Consequently, the final sentence will be different for each defendant and will fall within a wide spectrum.s

California Health and Safety Code 11357 states that anyone found carrying concentrated cannabis may be penalized by not more than a year in county jail, and/or a $500 fine. In certain situations, a defendant may be sentenced to imprisonment in State Prison.

Someone who is found with more than 28.5 grams of marijuana, other than concentrate cannabis will be guilty of a misdemeanor and punishable by no more than $100 fine for a first offense. For offenses other than the first offense, the final sentence will be towards the harsher end of the spectrum in comparison to the first offense which will be on the lower end. Anyone found carrying more than 28.5 grams of marijuana, other than concentrated cannabis will be guilty of a felony and sentenced up to six months in county jail and/or up to a $500 fine. Similarly to a misdemeanor charge, a second or third offense will be treated with a stricter punishment.

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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.

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A witness is anyone who observes anything. Literally, in a DUI or other Criminal Case the police officers are the star witnesses because their observations form the foundation for your arrest as well as the basis for criminal charges against you.

For example, in a DUI arrest the officer’s observations thesdriver had been weaving or lane straddlingsprovides the probable cause or legal reason for the traffic stop. Although police officers are supposed to be neutral and unbiased civil servants whose job is to protect and serve, that’s not always the case. A police officer’s job is also to build a criminal case for the prosecutor when they suspect a criminal or vehicle code violation has occurred.sThis can cause one to question the written the neutrality of their observations and opinions.

Theoretically, a defendant in a DUI criminal case is also a witness, but often their statements or recall of events is seen as suspect because it is often tainted because of their perceived bias to minimize or eliminate any responsibility on their part.

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A Criminal Case is not complete until the defendant has appeared in court for all required court dates and when sentenced probation has been completed. Oftentimes, due to circumstances out of our control, probation can easily be violated causing the Defendant to appear in court and have the Criminal Judge decide on what further action will be taken.

An experienced Los Angeles Criminal and DUI Defense Attorney has helped thousands of clients receive a lower sentence including a favorable and minimal probation.sFurthermore, they have also helped thousands of clients make powerful arguments in front of the Judge to reinstate their probation when it has been violated.

Probation may be violated in several different ways and is often imposed from three to five years depending on the specific Criminal Charge. In some cases the Defendant is charged a fine or fee to pay restitution. If this payment is not made, or untimely, a probation violation will occur. The defendant may also be asked to complete certain rehabilitation programs, which, if not completed will result in a probation violation.

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Driving under the influence of alcohol or even drugs Is the most commonly committedscriminal offense in the United States. That being said, it is easier to understand why many courtrooms throughout California are filled with drunk driving cases each day. There in lies the problem. In these high-volume courtrooms, especially in major cities like Los Angeles, prosecutors have very little time to read and review the details of each case .This can be a benefit to clients.

The benefit is that in these very busy Courts, prosecutors and judges are forced to spend increasingly less and less time in reading and reviewing as well as evaluating each case on its individual merits. In my over 30 years of courtroom experience as a drunk driving defense lawyer, that actually benefits my clients each day.

Generally in police arrest reports, there is only negativity, rarely are police officers writing about the positive elements of the person they’re arresting. Their focus is to build a case to prosecute, rarely to assist the defendant in minimizing the appearance of their conduct.

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The officer’s observations in the police reports that he completes after an arrest, are the basis for determining the relative strength or weakness of the state of California’s case against you.

In a driving under the influence arrest, the first critical element to evaluate is whether the officers had probable cause to stop you. In a DUI case, the more vehicle code violationssthe officers cite in their report create a stronger case for the prosecution. Vehicle code violations such as technical violations, like no license plates, or a tail light out although valid probable cause, create a weaker case for the prosecution.

Vehicle code violations like weaving, lane Straddling, or driving on the wrong side of the street, create a stronger case for the prosecution since they add a link for the prosecutor to build a case of a impaired driving.

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It is important to understand the scope of issues involving being prosecuted on suspicion of driving under the influence of alcohol and/or drugs. A DUI arrest begins a systematic process by the Department of Motor Vehicles to suspend your driving privileges, even if this is your first offense.

Although both the court and the DMV procedures seek to sanction a driver for the unlawful use of a motor vehicle after the consumption of an illegal level of alcohol or drugs, they go about it in very different ways. Each entity follows different guidelines, and separate issues and procedures, and totally different consequences. The main thrust of the DMV is to determine whether or not the alleged DUI driver was stopped by the police with proper cause, and whether or not the driver had a blood alcohol level (BAC) of .08 or over. More severe and longer suspensions are doled out to drivers who refuse to submit to a chemical test, after being stopped on suspicion of driving under the influence.

The courts approach the issues above, but use different sanctions. A range of potential penalties including probation, fines, jail time, alcohol programs, community service, hospital/morgue programs, and mothers against drunk drivers meetings, as well as Alcoholics Anonymous attendance are some of the legislated penalties facing those convicted of DUI’s.

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When clients are unfortunately faced with being prosecuted for a DUI or other Criminal offense, it is not uncommon to feel overwhelmed and fearful about their rights, defenses and possible consequences they could face if they were found guilty.

The most important decision is selecting an attorney who firstly they trust, treats them with compassion and respect, And yet is completely honest. This lawyer should possess extensive experience and courtroom skill, as well as possessing long-standing relationships with judges and prosecutors which gives them a rich and deep understanding of the treacherous waters of the legal justice system.

Potential clients should be wary of attorneys who are not willing to explain their defense strategies for protecting you, but merely say ‘don’t worry, I’ll take care of everything’.This keep you in the dark style of representation was popular many years ago in the legal community, but although still present among some attorneys, thankfully is in the minority.

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