Legal Question in Criminal Law in California

The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, officer testimony, your defense witness testimony, etc.

You�ll learn the actual charge[s] and enhancements filed and get copies of all the police reports, evidence and test results when appearing for arraignment at the first court hearing. You will be surprised to find how detailed the police report is concerning your observed and impaired condition and driving, and your attempts to refuse commands and resist arrest�. Do you have independent witnesses to contradict the expected testimony of the officers as to any of your claimed facts, your conduct and attitude with the officers? If you can provide me those defense factors, then yes, you have a chance of �beating� this.

CAN the case end up being reduced or dropped? Sure. Is that likely, just because you want it? No. The police and prosecutors don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight, and a reason to do so. If they arrest a person, they think they can convict him. DA's and judges don't look kindly upon people charged with resisting arrest or assault on police officers, if that is what you are facing in addition to the driving violations.

More to the point, I can help you fight the criminal charges and get the best outcome possible. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. Effective plea-bargaining, using those defenses, could possibly reduce the potential �time� and other penalties you face. No amount of free 'tips and hints' from here or elsewhere are going to effectively help you in your legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help, using whatever defenses there may be.

IF and only IF you obtain a dismissal in the interests of justice, with a finding of factual innocence, could you have sufficient grounds for civil action against the police.

Terry is correct in his assessment of your matter based on what you have presented. The long and short of it, is that you definitely need representation. If we were hired before your arraignment, we would be pleading Not Guilty and obtain the police report. You will not be able to get it before the arraignment. The matter will then be set for a pre-trial. At that stage, we attempt to negotiate a resolution of your case anywhere from a dismissal to some charge that you can live with, or the matter could possibly go to trial. As Terry indicated, we would not only have to interview you at length, but also review the police report to determine what possible defenses that we would have.

BARRY BESSER

www.besserlaw.com