Criminal Defense

How Attorneys Defend Misdemeanor DUI Charges

A driving under the influence, or DUI arrest is something that you should take seriously. However, if you live in Southern California and this is your first DUI arrest, chances are your charge will be a misdemeanor. Sometimes, being arrested two or even three times can still result in a misdemeanor charge. It is fairly certain, though, if an injury or death occurred due to your drinking and driving, you will have a felony charge.

In California, almost all DUI charges result in a misdemeanor. That being said, a misdemeanor charge should not be taken any less seriously. Any time you are convicted of a crime, it is a serious matter and should be treated as such. Having a DUI on your record can affect your life as employers and financial institutions may consider your past when you are trying to get a job, a security clearance, a professional license, or a credit card or loan. Not only that, but a criminal conviction can make it challenging to travel abroad. Plus, the cost of your auto insurance will likely raise significantly.

As time passes, a misdemeanor DUI may be able to be expunged. This is different than getting rid of it all together, as the California DMV usually will not remove this conviction from a driving record. Internet databases, as well, may not remove an expunged DUI conviction. Since these entities continue to report the offense, potential employers or lenders can continue to access this information.

The basis for a California DUI misdemeanor is Vehicle Code section 23152. Driving under the influence, of any drug or alcohol, is a crime under subsection (a). Under the influence is defined as any driver who is impaired and unable to drive as safely as someone who is sober.

Driving with a blood alcohol concentration, or BAC of 0.08% or more is illegal under section 23152(b).

Subsection (a) makes it possible for a driver to be convicted of a DUI even if their BAC is lower than 0.08%. If this occurs, it is important to challenge the charges. Many times juries know the “0.08%” and have the idea that anything below the legal limit is not considered under the influence.

Being charged with a DUI can be done under both of these subsections, but penalties can only be imposed on one set.

A jail sentence is likely for receiving a DUI for the second or third time. Driving privileges will likely be suspended and hefty fines will be assessed. Also, it is not uncommon for a treatment program or alcohol abuse education to be required by the judge. Depending on the charges, some drivers may be required to install an ignition interlock device or vehicle impoundment.

Many factors determine the penalties for misdemeanor charges, including:

  • Any previous DUI convictions and the amount of time since they occurred
  • Whether or not you were on probation for a previous DUI
  • The substance involved, drugs or alcohol, or both
  • Your BAC if alcohol was involved
  • Your compliance to submit to blood or breath chemical testing
  • If there was an accident
  • The rate of speed you were driving and if it was above the legal limit
  • Who was in the vehicle and if any passengers were minors
  • Your driving ability, including endangering others
  • If you are under 21

There are guidelines following by prosecutors and judges when they recommend or impose DUI penalties. There is variance to the guidelines so someone convicted in San Diego may not receive the same penalties as a person in Los Angeles.

Criminal defense attorneys that defend these charges can expect a lot of negotiations with prosecutors. These cases don’t normally go to trial. If you do go to trial, your client must have very deep pockets or has a job that requires a clean criminal record.

The Secret No Defendant Wants To Hear: Hiring A Criminal Lawyer is a Must

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Criminal lawyers are the ones that focus on taking care of instances entailing people or companies with criminal accusations to their name. The primary goal of the very best criminal lawyers is in order to help their customers develop such a calculated lawful defense to make sure that there is no range of shedding the situation. No matter the criminal offenses an individual is accused of, employing the leading criminal lawyers of the city will absolutely be helpful to whoever is facing criminal charges.

Relevance of criminal lawyers

A great  criminal defense attorney is constantly prepared to assist their legal clients in case they are accused of any kind of criminal offense. Because they are professionals in their area of expertise, they have the ability to supply excellent quality service to customers that are in need of their specialized skill sets. Some people don’t think that hiring a lawyer is very important, they have obviously never been falsely convicted. According to cmcdefense.com, false convictions are more likely to occur today than ever before.

The criminal defense attorney research the situation provided to them extensively and also search for any type of technicalities in their support. After that, they make use of these strengths as well as create an excellent disagreement to be offered in the court at the time of the hearing. With their experience and also ability, they have the ability to aid individuals accused of a criminal offense to win the situation in court.

The best ways to obtain excellent criminal lawyers

It is not required that lawyers you call are incredibly great in their area. To employ the solutions of the leading lawyers of the city or the nation, you need to carry out an in-depth research study on the track record of 24-HOUR criminal law practice. This criminal law office should have the excellent lawyers that are very knowledgeable and also are devoted in their area of a job as well as whose primary objective is to please their customers much better compared to another criminal defense attorney.

 

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Offering the very best criminal defense service does not indicate that leading criminal lawyers need to bill very high prices for their solutions. Besides providing top quality service to customers accused of criminal offenses, these gifted lawyers need to additionally see that they do not place a monetary concern on their customers.

All lawyers need to additionally aim to describe the lawful facets of the situation to their customers as well as not aim to mislead them. It is very important that individuals comprehend exactly how their legal representative is defending the instance to ensure that they could give essential assistance whenever called for. Interaction needs to be unfailing and also valuable to both attorneys in addition to the customer. Experience is the vital to keep an eye out for while working with a legal representative.

The Best Parts of Being a Criminal Defense Attorney

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When people find themselves charged with some serious penalties that have the potential to send them to prison, they need to hire the best criminal defense attorney who will fight for them. Due to the specific design of the legal system, it is almost impossible for an accused person to represent himself in a criminal trial, regardless of whether that person has an extremely high IQ or not.

Even the most common cases have specifics that require a unique defense. Attorney Randy Collins, an Orange County criminal defense lawyer (mycaliforniadefenseattorney.com) once lectured at USC, during which he spoke about how the rise of “Google Attorneys” has led some to believe that hiring a criminal attorney really isn’t necessary. In reality, defendants need criminal defense lawyers now more than ever.

Skilled criminal lawyers will identify the holes in a prosecutor’s case and create a defense that captivates a jury and frees their client. A great attorney can make a jury feel as though the arresting officers and prosecuting attorneys are doing the legal system a great injustice by pursuing charges against a defendant.

A criminal defense attorney performs various jobs. Cross examining witnesses, playing hard ball with the prosecution, and communicating with the defendant’s family members are just some of the responsibilities that a defense attorneys takes on. For some the job is a pain, but for others, it is a passion and challenge that results in feeling fulfilled, pushing the bounds of defense and fighting daily for justice.

The following are some of the best parts of being a criminal defense attorney.

Working out the Plea Bargain

Before engaging with juries and witnesses, criminal defense attorneys try to negotiate ‘deals‘ for their clients known as “plea bargains”. A successfully negotiated plea bargain will decrease the potential sentence or possibly eliminate the charges brought against their client. Negotiating with the prosecution requires a tact and skill that not all attorneys are able to exhibit. The best attorneys love preparing themselves for a fight in court, but also love preparing for a fair plea bargain. Negotiations between attorneys can be brutal. For defense attorneys that love their job, negotiating the plea bargain is fun and challenging.

Suggesting a Good Sentencing Program for the Accused

In some cases, defendants are not able to avoid a conviction. If the prosecuting attorney has a mountain of incriminating evidence that simply cannot be disputed, there isn’t much a defense attorney can do to avoid a conviction. However, they are still able to negotiate ways to ensure that the defendant spends less time in prison and more time being rehabilitated in a friendlier environment. In cases where a defendant is obviously guilty, they usually need the help of a good alternative sentencing program, such as drug rehab instead of prison. Great defense lawyers love providing their clients with real solutions to their problems that will help them throughout their lifetime.

Providing Emotional Support

During criminal proceedings, defendants, especially if they are innocent, are going to experience a great deal of depression, embarrassment and fear. They may suffer from low self-esteem as well. In those critical moments, a good criminal defense attorney knows how to provide the emotional support that their client needs to stay calm and refrain from making irrational decisions that harm them, their families, or their case. Providing emotional support may be a pain sometimes, but for those that really need and deserve it, criminal attorneys love to provide it.

Assessing the Reality

A good criminal defense attorney has the ability to cut through the shit and give defendants a straight and honest answer to their legal questions and predicaments. Unfortunately, defendants often receive advice from friends and family that are misinformed about the law, but take that information as fact. Although it can be difficult to tell a defendant that their situation is much more serious than they previously thought, there are other situations where it isn’t nearly as bad as they were expecting. Attorneys love giving good news, and in some cases, providing a realistic expectation of what is to come provides calm and stability to a defendant who really needs it.

Figuring out the Vital Legal Rules and Regulations

Criminal defense lawyer aren’t always going to know the answers off the top of their heads, in fact, most times they are going to have to do in-depth research to make sure that their theories and defense strategies are going to apply in each individual case. Attorneys love to research. If they don’t, they don’t love their job. Researching rules and regulations is a common part of every attorney’s work, and for criminal lawyers, it becomes a challenge that they grow to love.