Legal Question in Criminal Law in California

hello

so,

on nov 27th I got pull over, cop made me do a few tests outside of car, my pulse was really high, thought I was on drugs. I don't do drugs or drink or take any prescription drugs. Got taken in had to take a urine test. Have to go to court on feb 1st. Think it will be dismissed?two cops at jail told me if you didn't take any drugs you should be fine. I don't want to go to jail. Or drug classes. What can you make of this?


Asked on 12/03/10, 7:50 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Will it be dismissed? Is that likely? No. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them because you 'want' them to. That's not how the system works, obviously. IF you have valid defenses, facts, evidence, witnesses, etc. that would allow an attorney to 'beat' the charges by keeping the prosecutor from proving the case as alleged, then, yes, the case could be won. Won through motions, won at trial, or won by negotiated plea or dismissal. You won't know until you consult with counsel with ALL the facts.

When arrested and charged with a crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion or decent outcome through plea bargain for you, or take it to trial. If serious about doing so, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.

Keep in mind: When you are arrested for DUI, whether alcohol or drugs, upon release from jail or booking, you were given documents that included a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license imposed upon arrest for DUI. Contact DMV and do so, timely, then appear at your scheduled hearing and present your evidence and testimony. If you don't know how to do these things, then hire an attorney that does.

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Answered on 12/09/10, 11:59 am


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