What to Expect after Your Arrest

Once you’ve been released, either on your own recognizance or on bail, there are a few things you need to be aware of.  First of all, you have thirty days until your license is suspended. You would have been issued a pink slip of paper that is your temporary driving permit until that 30 days is over. That’s one of the reasons why it’s so important to retain a great lawyer immediately. They can request a hearing on the suspension and a good attorney may be able to save your driving privileges. It will take a month or two for the hearing to take place and the attorney can petition for an extension on your temporary permit, giving you a little more time to drive.

You’ll receive a date when you need to appear in court and it’s best to have an attorney on record with the court. This first appearance is called an arraignment and you will tell the judge whether you are pleading guilty or not guilty. If you plead not guilty, the judge will set a trial date.  If you plead guilty, you may or may not be sentenced immediately. Without an attorney representing your legal rights, you may find that your driver’s license is suspended for a minimum of 12 months, you may owe over $1200 in fines, you may be required to attend a 12 week drinking driver program, and you may be placed on probation for a minimum of three years. These are the minimum penalties for a San Diego DUI. Lawyers can help you fight the charges and may even be able to get the case dismissed.

If you refused to submit to a breath analysis, your license will be immediately suspended for one year, following the time you have your temporary license. The penalties are also higher if this is not your first DUI, your blood alcohol level is higher than .15%, if you are under 18, or if there was an accident involved. These cases require an attorney too, because you may end up spending a significant amount of time in jail.

Once you have a trial date set, your attorney will review all the evidence and decide the best course of action. They may suggest a plea agreement with the prosecuting attorney or they may decide that you have a good shot at winning at trial. Whatever your attorney advises is probably the best way to go, as they are the ones with experience with San Diego DUI law. However, if you’re not happy with your attorney, you can hire a new one and he or she will ask the court for additional time to prepare for the case.

San Diego DUI Law Tip #1

A DUI will remain on your driving record for ten years. The best possible outcome is a dismissal of the charges.  The right attorney will know what to look for in the evidence and how the car stop was conducted to see if this is a viable possibility.

San Diego DUI Law Tip #2

If you are stopped for suspicion of DUI, be as courteous as possible and follow the officer’s instructions. Most stops are videotaped nowadays, so there is a record of what happened. You don’t want to go to court to watch a video of unruly or obnoxious behavior. It won’t help your case.

San Diego DUI Law Tip #3

As soon as you are released, write down everything you can remember about the car stop, the arrest, and the booking process.  It will help your attorney when he’s reviewing the case.

First of all, a public defender is a criminal attorney appointed by the court to defend those that cannot afford to hire a lawyer. Most public defenders are within the first five years of graduation from law school and are using this position to gain experience. For minor criminal charges involving jail time, a public defender is probably all right. However, if you’re looking at years in prison, then it’s best to figure out a way to hire a lawyer. Speak with your family and friends to see if they will help.

There really is no substitute for an experienced criminal attorney. For serious criminal charges, you can expect to pay quite a bit for the retainer and for other expenses, such as court costs, copying, and any experts, if needed. Some cases can cost thousands of dollars, even hundreds of thousands of dollars, to defend. If you’re not able to pay for this, then you will have a public defender.

Some judges will appoint a criminal attorney to work “pro bono.” This means that they work for free. There are several lawyer associations that offer their services on a sliding scale, too, which means that the amount you pay is based upon your income. Unfortunately, most of these associations are only found in the larger cities. However, if you can qualify to use one of these lawyers, you’re probably better off than using a public defender. If the judge does appoint a pro bono lawyer to defend you, it’s really a coin toss as to whether you’re getting a good lawyer.

In closing, if you’re charged with a serious crime, it’s time to get a great criminal attorney. The public defenders, while quite capable, are usually overwhelmed with clients. The time they can spend on your case may be minimal, which means you may not get the best representation. You can find a cheap lawyer who just graduated from law school, but experience is what will get your case a favorable outcome. Unfortunately, you can retain the best criminal attorney that money can buy and still end up going to prison. It all depends on the evidence and witnesses against you, how the prosecutor presents the state’s case, and ultimately, the verdict from the judge or jury.

Discredit the Evidence

This is the fastest way to get a case thrown out of court. Police officers do make mistakes and a good attorney can capitalize on these mistakes. It may be something as minor as not waiting long enough before giving you a breath test or you having something in your mouth during the test. It could also be something as major as a police office that didn’t have probable cause to stop you. Discrediting the evidence against you in a DUI case is the fastest way to get your case dismissed.

Get a Good Attorney

Now is not the time to try to defend yourself in court. Shell out the cash for a great attorney. Don’t skimp by hiring a cheap one that just got out of law school. An experienced DUI attorney will know how to discredit the evidence, look for flaws in the prosecutor’s case against you, and will be familiar with the local courts, staff, and judges. They also will know how to help you keep your driver’s license. There’s only a short amount of time in which to file the paperwork with the state’s license bureau and if you miss this filing date, you’re not going to be driving for awhile.

Don’t Miss Court

If you miss a court date, you’re going to be in a lot of trouble. Not only will the originial case still be there, you’re going to face additional fines and penalties for failing to appear. If you’re trying to beat a DUI, missing court is one of the fastest to ways to ensure it never happens.

Dress Appropriately

While you may feel like your appearance shouldn’t matter much, but it does. Showing up in your favorite pair of cutoff shorts and an old tshirt can be taken a sign of disrespect. In fact, some courtrooms are very strict on what is allowed in the courtroom. If you have questions about what you should wear, then ask your attorney.

In Closing

The above information can help you beat a DUI, but it’s not a guarantee. Unfortunately, everything is in the hands of the judge. The best advice is to get a great attorney and let them work their magic.

#1 Education

A lawyer’s education is important for a number of reasons. Each law school is not the same. Some are more difficult than others are and a few are very prestigious. While this may not ensure a lawyer’s effectiveness, a great law education is highly recommended.

#2 Experience

An experienced criminal attorney is a must. However, not every lawyer has the same experience. Some have not been a part of many trials, as they may have only worked on specific types of cases. You want a lawyer that has trial experience if you plan to fight the charges. Anything less could cost you your freedom.

#3 Familiarity with the Local Court System

A lawyer that is familiar with the courts where you have been charged is also important. Each judge runs their courtroom differently and some will get rather upset if things aren’t done to their liking. When a lawyer is familiar with these nuances and quirks, it will make the entire process go more smoothly.

#4 Time Management Skills

If your lawyer has dozens of active cases, he or she may not be able to devote as much time to your case as you need. One of the problems with many lawyers today is that they have too many clients and not enough time. A lawyer that will actually turn away case because he doesn’t have the time or resources to provide excellent service is unfortunately one that you want!

#5 Adequate Resources

Believe it or not, there are a number of lawyers that run their business from the trunk of their car. They don’t have an office and will take any case that comes their way. Avoid these lawyers and choose one that provides the professional appearance that garners respect.

Sometimes, it can seem quite difficult to locate a criminal attorney that is available to take your case, is within your budget, and has the experience needed to get you a favorable outcome. However, the choice of a lawyer is not one that should be made without substantial research. Your freedom may be online the line!

Experience Is a Must

While you may find that many lawyers right out of law school have very low fees, the true cost may be more than you bargained for. With your freedom at stake, now is not the time to take the “budget plan!” An experienced lawyer will almost always cost you more, but that experience is what may keep you out of jail. If you can’t afford an attorney, then the judge may assign you a public defender. However, one thing to remember is how many cases are assigned to the public defender’s office each year. You may find you’re just another name on the court docket and the results may not be what you had in mind.

A Specialized Lawyer Is Best

Many lawyers specialize in providing criminal defense services.  However, you will find there are specific lawyers that are better at one or two types of cases than others may be. This is especially true for very serious charges, such as murder, rape, or arson. Even DUI’s require a lawyer that understands the laws, as well as your rights, in order to get you a favorable outcome. When possible, hire a lawyer that has dealt with many cases similar to yours.

Local Firms Are a Good Choice

If you live in a larger city, it’s best to hire a local criminal attorney. It’s not always the case if you live in a less populated area. One reason for this is because local lawyers are familiar with the courts, staff, and judges. They understand the quirks and intricacies often found in courtrooms today. While it won’t ensure the outcome of your case, it’s always best for your lawyer to be as familiar with the local court system as possible.

Ask for Recommendations

If someone you know has faced a similar charge, see who they would recommend. Most people will use the same lawyer again and again, as long as they are satisfied with the service. Word of mouth advertising and repeat clients are strong indications that this is the type of lawyer you may need.

A Final Thought or Two

Choosing the right criminal attorney can be difficult, especially if you have never faced this type of charge before. You should ask for recommendations from family and friends for an experienced, local lawyer.  While nothing can guarantee the outcome of your case, you want every advantage on your side. Remember that your conduct in the courtroom is also important and follow your lawyer’s recommendations regarding your appearance, demeanor, and self-control.

A DUI is a very serious issue, even if it’s a first offense and a misdemeanor, the penalties and fines for drunk driving in San Diego and in California in general are very steep.  In fact, the maximum sentence in a first offense misdemeanor case is one full year in prison.  One year.  Get that through your head.  This is not an offense to be taken lightly.  The fines also run into the thousands of dollars, not to mention that you will automatically have your driver’s license suspended.  If you drive to work, that could be…catastrophic.

Now, take a long, deep breathe.  If you learn how the law works and how to go about finding and hiring a top-flight DUI defense attorney things won’t look nearly as bad as they may right now.

An attorney who’s got experience in dealing with DUIs can stop the automatic suspension of your driver’s license, if you act within 10 days of your arrest.  These types of very specialized DUI defense attorneys are also very adept at getting sentence reductions and finding flaws in the prosecution’s case against you.  The very best DUI attorneys have impressive records for getting cases completely dismissed or reducing the sentences to something extremely light.

These defense attorneys are worth their weight in gold.  They know the law, the system, and the players inside and out; they know the inside “plays” that you have no clue about.  They are experts in using the system to your advantage.

Even if it appears to you that the prosecution has an air tight case against you there may in fact be procedural errors, mistakes, and technicalities that could very well get your case dismissed.  In fact with the way the law is set up and the way the legal system functions, more likely than not, your defense attorney will find something regarding your case to get your sentence reduced or your case dismissed.

But, you can’t go hiring somebody that doesn’t have credibility and a stellar reputation.  The criminal court system in San Diego and throughout the country has its core players (judges, prosecutors, and defense attorneys) and they all know each other, they know which ones are good and which ones don’t know what they’re doing.  You need to find a defense attorney with respect within the system, someone who’s won cases over and over again.  That is your ace in the hole.  Certain defense attorneys will be respected and well-known within San Diego and will be simply known for understanding DUI law inside and out.  Ask around and find one of these attorneys.

The most important point to remember when searching for a San Diego DUI defense lawyer is to focus on a firm and an attorney who are only focused on DUIs and know the letter of the law down to its smallest details.

Think that the prosecution has an “open and shut” case against you?  Just because you blew into a breathalyzer or failed a sobriety test does not mean that you will be automatically convicted of a DUI. You had better take a deep breathe and start to re-think this whole thing.

The prosecution has to prove beyond a reasonable doubt that you are guilty of drinking and driving, and doing that is a lot tougher than you may initially realize.  The onus is actually on the prosecution because in almost every case there are small technicalities that happen during due process, grave mistakes that can get your case completely dismissed and you off the hook.

But, you have to consult with a skilled DUI defense lawyer as soon as possible in order to get the ball rolling in the right direction.  If you hesitate now you’re only going to complicate matters.

Did you know that when arrested on DUI charges you face two totally different charges?  That’s right.  You face one charge from the DUI Criminal Court in California and one from the California Department of Motor Vehicles.  These are two separate charges.  The DMV charge must be challenged within 10 days of your arrest or the state will automatically suspend your driver’s license.  Do you see the gravity of moving quickly yet?  You should.

Hiring a San Diego DUI defense lawyer that will actually get your case dismissed or get the charges for the offense greatly diminished involves finding a local attorney who specializes in DUI criminal cases.  This is essential because the your lawyer absolutely needs to know every detail about due process mistakes, DUI law, breath or blood sample contamination, technicalities with regard to DUIs, discrediting law enforcements officers, and more.  Only specialized attorneys are of any real help, so find a law firm and an attorney that only focus on DUIs.  Doing otherwise is a huge mistake.

A DUI attorney with a good reputation will have a much greater chance of reducing the charges or actually getting them thrown out completely.  These attorneys know all the judges and the all prosecutors; they know how to proceed in each individual case and how to produce a winning strategy, they have a proven record of consistently winning DUI cases.

Don’t hire someone that doesn’t specialize or someone that hasn’t been around the block a few times.  The wheels of justice grind much more smoothly for you when you have an insider on your side.  They know all the “ins” and the “outs” and they have seen it all before.   They know how to get a sentence reduction or find a mistake in law enforcement procedure that you’re get out of jail free card…well not free, but you get the idea.

The most important thing to remember when looking for a San Diego DUI defense attorney is look for reputation, experience, and a winning record.  These types of attorneys can breathe life into a DUI case that you may have thought was beyond repair.

Attorneys that don’t specialize in DUIs, do not have a good reputation, don’t have experience with DUI cases, or aren’t local to the San Diego area are not an ideal DUI attorney.  In fact, you would probably be better off representing yourself, and that’s not saying much, is it?

When you get arrested with a California DUI you either step up and realize that you have to hire a good defense attorney or do nothing and the judge is going to have a field day with you.  Like it or not, that is the way the system works and is set up to work.

Remember when O.J. Simpson got off when it was fairly obvious that he most likely committed those two murders?  Why did he get off?  Because he had great defense attorneys who planted the seeds of doubt in the juries heads and painted the arresting officers in a negative light.

Good California DUI lawyers are trained to do the exact same things and they do so in California criminal courts day in and day out.  Over the years some of these defense attorneys will build up a reputation as being superb, it’s this type of seasoned lawyer that you want on your side when you stand in front of a judge and jury.

Skilled drunk driving attorneys know how to work the system.  They have specialized knowledge of the law regarding illegal interrogation, denial of counsel, search and seizure, due process under the law, mistakes in field sobriety testing, and specialize in scientifically refuting breath and blood samples.  These specialized attorneys are great at what they do, and hiring a good one almost assures you a lesser sentence and a potential complete dismissal of your DUI case.  Sure, these lawyers cost a bit of money, but wouldn’t you rather keep your driver’s license and not have an ugly misdemeanor or felony DUI on your record?  Wouldn’t you rather stay out of jail completely and pay a much smaller fine?  It’s your choice, but the only real choice seems clear enough.

The prosecution, or the San Diego County D.A.’s office, has to wade through lots of documentation in a DUI case, documentation that if found to be incorrect or wrongly assembled, will cause the case to be dismissed on such a technicality.  Your attorney is trained to sniff out these types of technicalities in the police reports, the in the computer automated dispatch reports, on the calibration logs, or perhaps in audio and video taken during the arrest.

During the legal discovery period your defense attorney will scrutinize and pick apart all of these reports in order to find something which paints the D.A.’s case in a bad light.  Great drunk driving attorneys are like blood hounds in finding these types of discrepancies.  In fact, the law is set up to protect the innocent, so there are many, many of these types of errors just waiting to be found.  However, the only way to find them is with a top notch San Diego drunk driving attorney, somebody with an excellent reputation and years of experience.  Finding and hiring one of these professionals greatly tips the odds in your favor, so go interview a few and get started, don’t delay.

Now, you may feel as if you were caught red-handed and that you’re going to get a stiff sentence no matter what, but the fact is that the law in the U.S. goes above and beyond to protect all of our citizens from wrongful arrest, in other words we have an amazing amount of rights.

The way U.S. law is written, especially with regard to laws surrounding arrests, puts a huge amount of pressure on the prosecution (the district attorneys) to prove beyond a reasonable doubt that someone has committed a crime.  A good drunk driving attorney knows this and they know all the different ways in which cases might be dismissed or sentences might be reduced if certain rights were violated.  These specialized lawyers are highly skilled and can generally get almost anyone out of a very tight space.

For a misdemeanor first offense in the state of California, somebody convicted of a California DUI will receive a maximum of one year in prison and fines into the thousands of dollars.  A felony DUI or a DUI in which a minor is involved will include much more severe penalties.  Felony DUI generally occurs when there is bodily injury involved in an accident, property damage, aggravating behavior, or the accused has a prior felony conviction.  These are general outlines, but that should help you to realize the initial score if you’re in doubt about the charges against you.

It’s important that you consult an expert DUI lawyer right away and without delay, as these skilled professionals will work within this system for your benefit and will begin implementing a prudent procedural strategy right from the get go.

In fact, if you speak to a lawyer within 10 days of your arrest they will probably be able to intervene in your Administrative Per Se (A.P.S.) from the DMV and save your driver’s license from being automatically suspended.  It’s things like this and more that a great drunk driving attorney can do for you.  But, you’ve got to act fast.

Act fast, but be diligent, of course.  Don’t hire the very first attorney that you speak with, interview at least three attorneys and see which one has the most experience and knowledge.  After asking a few questions, it should be pretty obvious which one is the best.  Then, and only then, should you pull the trigger.

The attorney you hire, if you hire a great one, will give you the best chances of getting your case thrown out or dramatically reducing your sentence.  When it’s all said and done, you’ll thank your lucky stars that you hired a knowledgeable professional.  These attorneys aren’t inexpensive, but they will generally save their clients thousands of dollars in fines and obviously keep them from seeing any jail time.  So, their services are worth every penny, wouldn’t you agree?

Always hire a local San Diego drunk driving attorney, someone that knows the local laws and someone who has been around the local system, knows the judges and prosecutors, etc.  These attorneys will maximize your ability to get your case dismissed, avoid jail time, and save you thousands in fines.

The laws of the country were written to protect the innocent and prevent anyone who’s not guilty from going to jail or suffering penalties.  That’s how the system is set up, that’s just the truth.  A great DUI attorney knows this and they study the cracks in the system, the technicalities, the defense strategies that get their clients off.  What may seem like an open and shut case in your eyes looks very different to a seasoned DUI attorney.  Because they know all the laws in detail they know when you’re rights have been violated and will use that information to either get your case dismissed or get your sentence greatly reduced to almost nothing.  In fact, there are DUI attorneys in San Diego that prosecutors and judges simply know are winners, these defense attorneys often win or get a settlement simply based on reputation.  That may seem unethical or even far-fetched to those who are not familiar with the system, but that’s truly how things work out there in the real world.

So, if you’ve been charged with a DUI, felony or misdemeanor, whatever, your best course of action it to hire the very best DUI attorney that you can possibly afford.  To give you an idea of the penalties involved, a first time offender with just a misdemeanor charge could have up to a year in jail, felony charges or charges involving a minor much stiffer.

A felony DUI charge is usually brought about when what’s called a penalty enhancement is involved.  A penalty enhancement could include a prior felony conviction of the charged, bodily injury, property damage, refusal to submit to a chemical test and so on.  Of course, the felony charge carries much stiffer DUI penalties.

Hiring an attorney without a good reputation in the San Diego court system, someone that doesn’t have years of successful experience, someone that doesn’t know the local laws and players is a huge mistake.  Please do not make this mistake; you’re literally flushing money down the toilet if you do this.  What you need is a specialist, a DUI lawyer who’s local, who’s well-known, and who is a success.

If you can find and hire a DUI attorney with all of those attributes you’re chances of a very favorable outcome are great.  You’ll most likely avoid heavy fines, jail time, and having a DUI conviction on your record.  The cost of hiring this type of DUI attorney isn’t cheap, but you got yourself into this jam and you’ve got to get yourself out of it, don’t mess around.