Legal Question in Criminal Law in California

i was arrested in LA county, my bailbonds man told me that my case was in limbo, when i got bailed i was told my charges are for possesion of a controled substance only, which i did not recieve a ticket for, my bailbonds man informed me it was only for possesion. when i whent to court a month later, at the window i was told that they have not processed my file, when i saw the judge my PD told me that i am doing 6 years in prison + 3 year rehab program which i did not understand because it was less than a gram, and my first offence. later i came to find out that the officers that arrested me lied alot on the report, they said they saw me driving drunk so they pulled me over wich was a lie because i was not driving, the keys were not in my possesion or in the ignition, also i have witnesses stating that i was not driving. my PD also informed me that they were adding a DUI charge to my case, can they add another charge if i was not arrested for that reason at that time? what is the max prison time for 4th DUI? and what can i do about this situation??


Asked on 11/29/11, 10:00 pm

3 Answers from Attorneys
David M. Wallin Law Offices OF David M. Wallin

As a Former Deputy D.A, let me tell you that the prosecutor can add any charges they want, as long as the case is active. Max on 4th DUI is 3 years in state prison. You should seriously consider getting an attorney who knows how to go up against the D.A's office. I wish you well.......David Wallin

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Answered on 11/29/11, 10:29 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Facing a 4th DUI and prison time I would beg or borrow the money for a private lawyer rather than have a public defender "tell you" how much prison time you "will be doing." If it is a drug DUI rather than an alcohol DUI it should be relatively easy for a competent criminal defense attorney to beat back, assuming you have an attorney who will fight for you.

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Answered on 11/29/11, 11:57 pm


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