License was suspended. Requested hearing to appeal. They issued a stay of suspension. Hearing Outcome was to suspend. DMV sent a document that says "stay of suspensions ends on 8/31/2014", I take that to have meant that the suspension is ...
You are correct on both of your assumptions IF you completed a chemical test and this was your first offense.
You can get a restricted license after your 30 days if you are 1) enrolled in your dui class 2) have an SR-22 and 3) pay an administrative fee to the dmv.
Trial and staying in custody i believe is ridiculous for the reason being why this certain person is in jail... And i don't think the state nor the judge would waste money to take something petty to trial... can they release this person at his pre...
A preliminary Hearing is a hearing where the Judge listens to a limited version of the evidence against the defendant and decides if there is a "reasonable suspicion" that the person committed the crimes alleged.
It is possible that before the preliminary hearing starts, the District Attorney can offer the defendant a plea bargain offer. If the defendant rejects it, the preliminary hearing will start and the judge will make his/her determination and the case is "bound over" to a trial court or dismissed (much less likely).
Judges don't decide prelims based on whether its a waste of money or the crime is petty. (you haven't' listed the crime, but based on the fact that its a preliminary hearing, it is a felony.
If the defendant wants to resolve his case prior to a preliminary hearing, he should make it clear to his attorney to get an "offer" from the DA. Often times, plea bargain offers are lighter in punishment before prelim than after prelim.
Best of Luck,
i don't have a vehicle & i was told by my judge, my lawyer & the DA that with a DUI involving no alcohol i would not need an interlock installed. i was told by mandatory actions to go back to court to have the judgement modified so that i could ha...
If the DA, your lawyer and the Judge advised you that there would be no interlock involved, you have valid grounds to withdraw your plea to a DUI. I had a similar case with a client with no alcohol (prescription drugs) who was arrested and charged with DUI.
I was able to get the charge reduced to a reckless driving which does not mandate an IID.
Talk to your lawyer about withdrawing your plea. good luck.See question
How much time does criminal lawyer need to read his client's case details with 2 criminal charges? A case that's fabricated with detailed/profound lies however,not fabricated well enough because it lacks physical and/or circumstantial evidence.Is...
I empathize with your situation. It's a common pitfall for many clients and practitioners.
The main causes are:
1) a client that only hears what they want to hear when they consult with an attorney
2) an attorney that makes sweeping promises that he has business making, that mislead a client into expecting an outcome before the attorney has ever had a chance to know anything about the case.
Client's sometimes believe that simply hiring a private lawyer somehow guarantees them
a dismissal of the charges. Its a common misconception and I believe its our job as lawyers to educate them about the legal process. I find that when you sit down with a client and honestly talk about their situation and what you can reasonably expect ahead, they will have a much more realistic view of their case. Some attorneys believe in the hard sell. ("I'll get your case dropped, etc.") Just sign on the dotted line. That's a disservice to your client and to yourself. Not only can you not honestly guarantee anything, but now you have a walking time bomb of a client who will not be satisfied with anything BUT a dismissal.
I have my share of dismissals and not guilty verdict but I find that its always a labor of hard work, and I never promise anything but my best efforts.
As far as the asker's situation, I agree with my colleagues. If you are innocent, then you shouldn't have to accept a guilty plea. But your attorney is required to tell you if there is a plea bargain offer. Its up to you to take it or keep fighting the charges. Just because you paid a private attorney doesn't guarantee you a dismissal. Its akin to the Angels signing Albert Pujols. He doesn't guarantee a ring, just his best efforts.
he was charged as a minor for his first charges ( pc 1170.12(b)/667(d) (prior serious felony 14yrs old) and prior repeat offender under pc 667(a)(1) and the new charge as a felony pc459<F1B that sounds like alot of years and they may add his old c...
His prior strike will double any sentence he receives. If its a commercial burglary, that could mean anywhere from 32 months up to 6years. If its a residential burglary, it'll be a couple of more years.
If his attorney can file a Romero Motion to strike his prior strike, then he can face significantly less time. If his prior is over 14 years old, and he's stayed relatively clean, the chances for his strike getting struck are relatively good.
(home invasion robbery) My friend is in county jail for 1st degree robbery. He has been their over a month now. He declared NOT GUILTY. They have no evidence against him, all they have is the victim who pointed him out in a line up, which accordi...
Noone can give you a true 2nd opinion with the limited facts you present. Your attorney should know how things look. Based on what you've stated (Eyewitness ID), the chances for him getting probation and local time (county jail) are not good.
Home invasion carries a significant state prison and if a weapon was used, then you can add 10 years to that.
Trust your attorney, obviously you did your homework to choose him/her. Don't second guess them based on what someone online says.
Best of Luck,
When i 1st got booked i got charged with vc 23152 (a)(B), & 23140. After my dmv hearing my license was suspended for 1 year. I had court today (2 months later), but the D.A offered me a deal & droped the 23152A, & was only convicted of vc 23152B. ...
I'm afraid the DA didnt do you any favors. dropping the A count is normal fare. And usually if you plead do a misdemeanor, any infractions such as a 23140 would be dismissed.
It is my understanding that you can apply for a critical need petition for a restricted license. I am not sure if this is only for minors with vandalism cases or if it applies to minors with a dui as well but its definetely worth contacting your local driver safety office of the dmv.
Best of Luck,
19 year old lady goes to macys and takes macys bags for the intent of jacking she gets over $300 worth of stuff ,as she is walking out the loss prevention officer grabs her bag she reacts and hits her and runs away .she then decides to go back and...
Yes this could be filed as a PC 211 (estes robbery) because of the force she used on the store employee. a robbery is a strike offense that will require her to do 85 percent of her time if she goes to prison. I've had similar cases pled down to grand theft person ( a non-strike) and also to simple petty theft as a misdemeanor.
The key point in these cases comes down to the actions that caused the physical struggle between your friend and the loss prevention guy. Some loss prevention employees are a bit overzealous in their job and they sometimes create an altercation when there isnt one.
With your friend's lack of record and more importantly her coming back to turn herself in, I would be surprised if she goes down for a robbery on this case.
Best of Luck,
I don't want to do this but I have two prison priors and a family. At a minimum I would do two years. I can't miss my daughters last two years of school. Plus things have changed, there are a lot of bad guys out there and the saying honor among ...
If you've been arrested for Drug Sales or Transportation, there's a chance that a detective will sit down with you and make promises he will never be able to deliver. Help him bust other sellers and he'll make sure your case gets dropped or reduced. Say "NO Thank you." Here's why.
1 The Drug Detective has no power to get rid of your case!
No detective has the authority to sweep an arrest under the rug or tell the DA what to file. Detectives gather information on arrested individuals and have to pass it along to the D.A.'s office. They don't have discretion to make decisions on your case. Only the DA can decide whether they will file or reject a case. So from your first conversation, the detective is already lying to you. He wants you to think that he has that power and get you to do whatever is necessary. Don't fall for it.
2 It is a quick way to make deadly enemies.
Robert Deniro's famous line to Ray Liotta in "Good fellas" is to remember these two rules, "always keep your mouth shut, and never rat on your friends" Being a confidential informant is basically setting your self up for a beatdown or worse. The people that you have to "turn on" or help bust are usually armed and on drugs. How do you think they will feel knowing you cost them their freedom and income?
3 The Drug Detective couldn't care less about you.
I've seen many cases, where confidential informants have provided leads, helped make arrests and then find out that after they are all used up, the detective took the case over to the DA for a filing. So guess where you are now? You have a bunch of drug dealers/users waiting to get their hands on you and now youre facing county jail or prison time. And guess who is also in county jail? that's right, the same guy you helped bust.
I got a pink slip for a 30 day license from the police. Should I wait for a letter from the Dmv or contact them right away?
Contact a Lawyer immediately to request and represent you at an Administrative Per Se DMV hearing. This may be the only chance for you to save your license.
You have 10 days from the day of your arrest.
If you lose your DMV hearing, and are convicted in court, You may be eligible to get your privileges back under california's Ignition Interlock Device program. You'll need to serve 90 days of the suspension and then install the device and be enrolled in a DUI 2nd offender class.
You've got a lot to deal with, if you have the financial ability, i'd seek a local dui lawyer to help you.
Best of Luck,See question