Legal Question in DUI Law in California
my fiance was pulled over with our son in the car and was charged with possession and dui and also child endangerment. They returned our son to me, and now he is in jail. what will we be looking at if he has no priors?
3 Answers from Attorneys
At first you are looking at finding an attorney.
Beyond that, he is looking at fines, classes, possible jail for the child endangerment, as well as the DUI, depending on judge, probation, and a slew of other possibilities.
You should be looking for an attorney for him. FYI, my office handles both types of case throughout the state of California.
619 663 9384
Possession of what? Depending upon what he is alleged to be possessing, it could be a felony and he could be facing prison. If you can afford one, you should get an attorney immediately. If not, the court will appoint an attorney to represent him.
He is 'looking at' being prosecuted for those crimes. Each misdemeanor carries up to a year in jail, if any of these are charged as a felony they carry a year or more in prison. You could also be facing a Social Services petition for removal of custody of your children for their protection.
What WILL happen? 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, testimony, priors history, etc.
Of course 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. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, charge reduction, 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.
A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include 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 DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.