Legal Question in Criminal Law in California

My son has been charged with a 2800.a violation and a dui. Is he facing jail time?


Asked on 4/19/11, 11:35 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Hard to say without more facts, including his prior criminal history if any. Many defendants wind up with needless criminal convictions that could have been prevented with a competent defense. Any criminal conviction will impair his ability to find work for the rest of his life, which could be a more serious penalty than a few days in jail. Please feel free to have him call me.

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Answered on 4/19/11, 11:40 am
Terry A. Nelson Nelson & Lawless

Of course.

When charged with any misdemeanor, you potentially face up to 6-12 months in jail -- on each count. Multiple counts and charges just make your situation worse, of course. If you have priors, they are penalty �enhancements� under the 3 Strikes rules. If this constitutes a probation or parole violation, factor those new and old charge[s] in as well.

Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts and evidence. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help use whatever defenses there may be.

Keep in mind a little FREE advice: When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel, feel free to contact me.

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Answered on 4/19/11, 11:54 am


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