Legal Question in Criminal Law in California
I am indicted for cultivation federally. They are trying to get me for 10 years. The US attorney is saying i am not eligible for the Federal safety valve because i have 2 prior DUI convictions. Do DUI convictions even count as a criminal history point in the state of California, Or at a federal level? Instead of that he gave me a 5k motion. Now i am down to 36 months. But if i got the safety valve too, It would be all the better. I really do not see how a DUI can count as a criminal history point. Thanks
3 Answers from Attorneys
You poor guy. I don't know offhand what the case law is on DUIs as criminal history points. I guess it depends on the skill of your defense lawyer, and what judge you get. Maybe if you can pull the police reports from your DUIs and you can show that the facts aren't that bad, that could possibly help.
Do you really not understand that a DUI is a misdemeanor criminal conviction??
You should speak to your attorney about this issue and ask him/her to explain the sentencing matrix and criminal history criteria to you. Any conviction can have a effect on your criminal history as well as probation violations. Some more than others. Generally the safety valve is when you go in and give the government an honest recounting of your participation in the case. A 5k is usually where you doing some sort of cooperation and in return the government offers to ask that the sentence be reduced by an amount determined by them. It may not be the case that you get both the safety valve and the 5k reduction. Good luck,
Elena Condes
Related Questions & Answers
-
My son who is now 20 let a "friend" of his convince him that if he... Asked 8/04/11, 1:27 pm in United States California Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
