Legal Question in DUI Law in California

i had recently got a D.U.I. and a burglary charge, i was not driving i was passed out i fornt of my house and got taken in on a D.U.I charge. and the burglary charge was caught on video, but was less then 15. dollers


Asked on 11/22/11, 9:09 am

4 Answers from Attorneys

Joshua Hale Hale Law Group

So what is your question?

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Answered on 11/22/11, 9:10 am
David M. Wallin Law Offices OF David M. Wallin

The charges you mention are serious. However, because you didn't ask a specific question, I would advise you to call my office for a FREE phone consultation. In about 15 minutes, I believe I can answer your questions and give you the information you need to deal with this in the best way for you and your future. Do NOT just plead guilty. You don't want to ruin the rest of your future, where jobs are concerned and many other consequences that you will suffer if you don't try to reduce some charges and get some dismissed if possible. I look forward to speaking with you. Call me at 661-267-1313 and we can talk................ David Wallin

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Answered on 11/22/11, 9:16 am
Terry A. Nelson Nelson & Lawless

In California, if convicted of any felony [like burglary], you potentially face one or more years in prison, plus fines; on any misdemeanor [like DUI], you potentially face up to 6-12 months in jail, plus fines and other penalties.

You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors don�t like dealing with ProPers, unless you are simply pleading guilty, not defending the case.

When arrested or charged with any crime, the proper questions are, can any testimony or evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? 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, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

Keep in mind a little free advice: When charged or 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, feel free to contact me.

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Answered on 11/22/11, 12:52 pm


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