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Randy Collins
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Randy Collins’s Answers

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  • What will the sentence be if I am found guilty after trial for a 2nd DUI?

    This happened in Orange County, I had no alcohol in me, but the blood showed traces of presecription drugs. Prosecutor wants to put me in jail for 50 days, but my lawyer says to take it to trial. I am scared I might spend a long time in jail if I ...

    Randy’s Answer

    If you are found guilty of a second offense for driving under the influence of a controlled substance, then the maximum penalty is one year in the county jail. If the DA is offering 50 days in jail as a resolution, then your sentence after trial will likely be more than 50 days in county jail. There is no way to know for certain how a particular judge feels about the facts of your case and what he/she might do at the time of sentencing. All you can know for certain is that the minimum mandatory sentence for a second time DUI is 96 hours in custody and the maximum is 1 year. One good thing to note is that right now in Orange County the Sheriff is allowing a significant number of non-violent sentenced inmates to serve their time on a home confinement bracelet in lieu of jail. This may or may not happen in your case, but it is a possibility nonetheless.

    Randy Collins
    Newport Beach Criminal Defense Attorney

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  • ?

    2 counts of Commercial burglary second degree do you think I would get jail time I have no record do you think I can get house arrest with caltrans ? I work seven days a week and help my family financially and I'm looking for a lawyer becouse I ha...

    Randy’s Answer

    There are a number of factors that have to be considered before estimating whether jail time is appropriate for 2nd degree commercial burglary.  This offense is a wobbler, which means it can be charged as a felony or a misdemeanor depending upon the severity of the allegation.  The lack of criminal history is a mitigating factor that is weighed against the amount of loss involved and the criminal sophistication of the offense.  My advice would be to consult with a criminal attorney and provide more details regarding the incident.

    Randy Collins
    949-250-6097
    Managing Partner

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  • I have three felony convictions eligible for expungement. I would like to know if the process can be expedited with counsel.

    I have three felony convictions eligible for expungement. I would like to know if the process can be expedited with counsel and if so how and why.

    Randy’s Answer

    The process for an expungement involves filing a motion pursuant to 1203.4 of the penal code. The amount of time that it takes to file this motion is dependent upon the attorney taking your particular case. Typically, once a motion is filed, a Court date will be available around 30 days thereafter.

    You can contact me for a free consultation to find out more information. My number is 949-250-6097.

    The above information is not legal advice nor does it constitute an attorney-client relationship.

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  • Will a dui conviction effect my work visa?

    i got a dui in newport beach, i had a .10 blood level. i have never been arrested before. i am from mexico and have a valid work visa. what is going to happen to me?

    Randy’s Answer

    Unfortunately, that question is better suited for an immigration lawyer. I can tell you that I have represented many individuals with work a work visa and each case has been different. I would need more information about your situation before offering an opinion. Please feel free to contact for a free case evaluation. The office number is 949-250-6097.

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  • Should I attempt to ask for a wet reckless in CA since I am a teacher?

    I was pulled over for a DUI on June 8. Did not take breath test but submitted to a blood test at police station after failing field sobriety tests. I just received blood test results and it is a 0.13%. 12 years ago in South Dakota I received a s...

    Randy’s Answer

    Joey,

    Your Prior DUI from 12 years ago won't count as a prior since DUI in California because it falls outside tens years. Therefore, the enhancements won't apply and you won't be subject to mandatory jail or increased alcohol classes. For a full evaluation, I advise you to contact our office. The consultation is free. The number is 949-250-6097.

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  • How much time is mmy fiance looking at?

    He's being charged with violation of probation(felony), revocation hearing(felony) and threating phone calls (misdameanor)

    Randy’s Answer

    There are a lot of different factors that have to be considered before providing an estimate about what could happen. A felony probation violation could result in county jail time or state prison. Some of the variables to be considered involve the probationers progress on probation, number of violations that have occurred while on probation, and the reason for the violation. If there is a new charge accompanying the probation violation, then there is also potential for increased punishment apart from the probation violation. Before giving an assessment as to "how much time" an individual in this situation is looking at, I would suggest a free consultation.

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