Legal Question in DUI Law in California

Re: pre arraingment detention

If he goes to his arraignment without a private lawyer, he might get talked into accepting a bad, immediate plea offer by the public defender (jail is scary). You can search the old questions and answers here for people who took an immediate plea offer and regretted it in various ways (mostly by not being able to ever get a job again). Your brother is also likely to get sued over the accident, and depending on how his criminal case is handled or not handled, he might be liable for a large punitive damages award that can't be discharged in a bankruptcy and he'll have his paycheck garnished until doomsday. I assume your brother calls you collect from time to time. An attorney should be able to visit him in the lockup 24/7. Whether any plea at all is advisable depends on a number of factors such as the blood alcohol content (BAC), the type of chemical test used, whether any medical condition or other factor may have produced a false positive test, his prior criminal record if any, etc. etc.

Re: pre arraingment detention

Many times we are hired by the family members of people detained prior to their arraignment. Once hired, an attorney could speak to your brother even though he is in detention. At the arraignment the attorney would enter a plea of not guilty, and make any appropriate bail motion. At that time, the DA would disclose to the attorney and your brother the evidence agains him thus far. Don't delay to get your brother an attorney.

If you are serious about getting help for your brother, contact us. We are very familiar with the rules in San Bernardino County.

Best of Luck!