Legal Question in Criminal Law in California

Re: 25658(a) and 11357(b)

No getting off for signing your name in the wrong spot.

If you are charged with DUI, hire a lawyer. They still need to prove you were driving through witnesses or your own admission that you drove.

If the charge is intoxication in public and buying booze for a minor, also get a lawyer. You should be able to get something called diversion, meaning you will take some classes at the end of which charges are dismissed.

Jacek W. Lentz, Esq.

Los Angeles, CA

www.lentzlawfirm.com

Re: 25658(a) and 11357(b)

1. Of course not.

2. You should get a lawyer and take her advice about how to plead. If you must enter a plea before you get a lawyer, plead not guilty. You can always change that one later if your lawyer advises you to do so.

Being "hammered" is not a viable defense, but there may be other defenses available and/or your lawyer may be able to negotiate a plea bargain for you. Depending upon the facts, you may even be able to get diversion and avoid a conviction altogether.

Re: 25658(a) and 11357(b)

1-No

2-You should not plea guilty, unless you are represented by an attorney period. Be aware that unless you are a U.S citizen pleading guilty to these charges can have adverse immigration consequences. I am not clear on what you meant on being hammered ? are you implying that you signed a confession ? or think you had the right not to sign the promise to appear ? Law enforcement can arrest you if a misdemeanor has taken place and you refuse to sign

Re: 25658(a) and 11357(b)

Yes. Count yourself lucky you weren't charged with the other things you mention, and get yourself competent counsel to handle this correctly. No, you don't get another freebie just because you were so wasted in signing - you already got the freebie of not being charged with drunk in public, etc. Your attorney may be able to negotiate a deal that keeps you out of jail and able to clear your record later. He can present whatever defenses you have, but you sure aren't going to say you "were too drunk to know" as a defense.