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Rancho Cucamonga, Rancho Palos Verdes, Redding, Redwood City DUI Lawyers DUI Lawyers

  • Rancho Cucamonga
    • Sal Briguglio: You should consult an attorney for individual advice regarding your own situation.
    • Timothy Inkmann: The Double Jeopardy Clause of the Fifth Amendment, which generally prohibits the government from putting any person "in jeopardy of life or limb" for the same offense twice, does not bar successive trials for the same offense by "separate sovereigns."
    • James Sprouse: If you are involved in a Drunk Driving charge you need experience and knowledge on your side...
    • Brian Skibby: Although a person who commits a misdemeanor cannot be sent to state prison, they face anywhere from zero days to one year in county jail. Misdemeanor crimes consist of smaller type offense such as driving on a suspended license, driving under the influence and drug possession. The District Attorney¹s Office fights just as hard on these cases as they do felonies. As a result, many people end up going to jail believing they could handle their ³minor² case without hiring a lawyer. Those who face misdemeanor charges are usually arrested and then released. They are asked to sign citations and noticed to appear in court at a later date anywhere from a month to three months later. At arraignment one is asked to plead guilty or not guilty.
  • Rancho Palos Verdes
    • Laurence Donoghue: If you or a loved one has been arrested or accused of a crime in California, we urge you to exercise your right to remain silent and seek legal advice immediately.
  • Rancho Santa Margarita
    • Reade Law Firm: Have you been charged with a crime? If so, you need competent and experienced legal representation.
  • Redding
    • Michael Darlington: Criminal law deals with "public" wrongs as opposed to disputes between individuals. Governmental bodies, including the federal government, states, and cities, define and prosecute crimes from traffic violations to felonies like rape and murder. The lawyers who represent the governmental bodies in pursuing charges against an individual are called the prosecutors. The lawyers who represent the persons charged with a crime, or the defendants, are called criminal defense attorneys. If you have been charged with a crime, it is essential that you seek legal counsel from an experienced criminal defense attorney at once so that you can preserve your rights and protect your future.
    • Jeffrey Stotter: Who needs a criminal defense attorney? We all do. When a person violates the law, there are police, prosecutors, judges, and the entire force of State, Federal, and local government available to prosecute and punish. But when the government violates the law (such as an unlawful arrest, an illegal search, etc.), there is usually no one to cry "foul"!
    • John Kucera: There are a wide variety of motions that may be filed depending on the facts and circumstances of each case. Motions have the effect of narrowing the focus of the issues in the case and keeping out irrelevant or illegally obtained information. Motions may include, but are not limited to: Motions to obtain discovery (to gain additional police reports or information) Motions for a lineup (to see if a victim can point out the perpetrator of a crime) Motion to suppress (to exclude illegal arrests, statements or objects from evidence) Motions to seek fingerprint or handwriting exemplars (for comparison) Motions to disclose confidential informants (that gave rise to a search warrant) Motions to strike priors (where the conviction is deficient or insignificant) Motions in limine (to prevent certain evidence from being brought out at trial) Motions to continue (where one party has good cause to do so) Motion to dismiss (for failure to show sufficient evidence at a preliminary hearing; loss or intention destruction of evidence; for not filing a complaint within the applicable statute of limitations; for failure to bring a case to trial in a speedy manner, as well as many others).
  • Redwood City
    • Thomas Deremigio: CONSEQUENCES OF CONVICTION

      -------FELONY-------
      · Punishable by State Prison sentence
      · Many with mandatory jail or prison sentences
      · Maximum fines (and assessments) from $27,000.00
      · Restrictions on voting rights
      · Restrictions on gun ownership

      -------MISDEMEANOR------
      · Punishable by County Jail sentence generally up to 6 months; many to 12 months
      · Many with mandatory jail sentences
      · Many with mandatory probation terms, including treatment or counseling
      · Maximum fines (and assessments) from $2700.00
      · Restrictions on gun ownership for some misdemeanors

      -------DUI (Drunk Driving)-------
      · Loss of Drivers license
      · Mandatory jail sentences
      · Mandatory fines
      · Mandatory counseling or treatment
      · Possible impound of vehicle
      · Substantial impact on auto insurance rates
    • Rachel Holt: The Fourth Amendment prohibition against unreasonable searches and seizures generally requires police officers to obtain a warrant based upon probable cause before performing an arrest. Intended to protect against unreasonable searches and arbitrary arrests, the warrant requirement has traditionally been strictly enforced to prevent violations of constitutional privacy interests. However, the U.S. Supreme Court has held that an officer may arrest an individual without a warrant if there is probable cause to believe that the offender has committed even a very minor criminal offense in the officer's presence.
    • Michael Hroziencik: Pursuant to 18 U.S.C. Section 16, a "crime of violence" for which a convicted alien may be deported must involve either one of the following: 1. Use of physical force against the person or property of another; or 2. A felony that involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. The Court in Ashcroft interpreted the first definition as requiring "active employment" of force. Accordingly, the Court concluded that a DUI offense is not a crime of violence where the DUI statute under which an alien was convicted does not require proof of any mental state or only requires proof that an individual acted negligently. The Court reasoned that a person convicted of DUI does not actively employ physical force against another, where the state's DUI statute does not require "a higher degree of intent than negligent or merely accidental conduct." Furthermore, the Court concluded that the second definition does not cover all negligent conduct (e.g., negligent operation of a vehicle), where the negligent conduct at issue did not involve a substantial risk that physical force might be used against another by virtue of committing the offense. The Court distinguished a DUI offense from burglary, which "involves a substantial risk that the burglar will use force against a victim in completing the crime."
    • Frank Bell: t the arraignment the defendant will appear before a judge and will usually be provided with a written allegation from the prosecutor. Specific things to remember about the arraignment are: *The defendant will be asked to acknowledge his identity. *The defendant may have private counsel present or the court may appoint one. *The defendant may be told his possible punishment. The possible punishment is not a reflection on the case or the judges view of the case or the defendant. *If charged with a misdemeanor, the defendant is required to reply to the written charges with a plea of either guilty, not guilty, or nolo contendere. (no contest) If charged with a felony, the defendant may or may not be required to reply with a plea at the initial arraignment. (The policy of presenting a plea at a felony arraignment is different state-by-state) *In a misdemeanor case, the judge will set the defendant's tentative appearance schedule. *In a felony case, the judge will set the defendant's tentative preliminary hearing. (Not all states have preliminary hearings. Some convene a grand jury to find probable cause.) *Bail is established. The defendant has a right to argue for a bail reduction. *Discovery is usually presented to the defense attorney. Discovery usually consists of a police report and a complaint. This varies by state. Some states do not provide discovery until after the preliminary hearing or indictment. *If the defendant pleads guilty at the arraignment, the judge may sentence the defendant at that time.
    • Christopher Morales: In a criminal case, a government agency seeks to punish you or entities for behavior that the state or country has declared unlawful. € Prosecutors decide whether to file charges against a defendant € Convictions may result in fine, jail, or both € The burden of proof is "beyond a reasonable doubt" € Usually the government will pay for your attorney if you can't afford one € Criminal defendants are almost always entitled to a jury trial
    • Shelley Dwyer: If arrested for DUI, it is imperative in saving your driving privilege to Contact the Firm immediately as your attorney's ability to defend you against the DMV rests on a request for a hearing being made within 10 days of your arrest. The remainder of your defense can be dealt with in a more reasonable period of time and after adequate preparation. This original contact, however, must occur immediately after your arrest.
    • Jeffrey Hayden: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol.
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