I agree with Ms. O'Connor answer. The prosecution's right to appeal a judge's decision is much more limited than a defendant's right to appeal a decision.
The only thing I'd add is that an appeal of a misdemeanor case goes to the appellate division of the superior court, rather than to the court of appeal.
WIth the caveat that I don't practice in your county, I can tell you what I know about how these cases are handled in Orange County. Assuming there is nothing out of the ordinary about your case (e.g., you have no prior criminal record and committed no other offense at the time of the DUI), the chance of you getting jail time in OC would be zero. In 15 years as a lawyer in this county, I've never seen it happen.
I agree with those who suggest that you should still consult with an...
Beginning this year, everyone arrested for a felony offense (regardless of whether they are later charged with a crime) must submit DNA samples to the California database. In some circumstances (e.g., no charges are filed), the arrestee can petition the court to have the sample removed.
In my 15 years as an Orange County attorney, I've never seen a person sentenced to jail time for a first-time DUI without more (e.g., prior convictions, probation, injury, lying during trial, etc.).
Your chance of getting jail on a first-time DUI with none of these things is approximately zero.
The answer depends on what you were cited for. Assuming you were not charged with anything that requires proof of a specific speed limit (e.g., 20 miles over the posted speed), then no, it is not a defense. One mile over the posted speed limit would be all the proof needed to convict you.
My advice to people who want to fight tickets is to do a trial by declaration and hope the officer doesn't respond. If he or she does respond, and you are convicted, you can then go to court for a trial...
My prediction is that a companion bill (SB 598) signed into law yesterday will allow you to apply for a restricted license starting on July 1, 2010. Please read my blog post on this at the link posted below.
Orange County, California
I agree with Mr. Dane's response. The only thing I'll add is that you need to make sure that your attorney lets you know for certain that you are ineligible for PC 1000 (diversion) before agreeing to participate in the Proposition 36 program. If you are eligible for PC 1000, this is usually the better option.
Mr. Kaman is correct.
For the benefit of you and others who may be interested, I'll simply add the following basic definitions:
1) Insanity – This is a legal defense to a crime when the defendant can prove that due to a mental issue, he did not understand the nature and quality of his act (i.e., the alleged crime), or that he could not distinguish right from wrong.
2) Competence – Any defendant facing criminal charges must be mentally competent. This basically means that he must be...
Health and Safety Code section 11550 makes it a misdemeanor to be under the influence of certain controlled substances. The specific controlled substances are set forth in the statute. It is confusing to read, though, since it refers to various subdivisions of several other statutes.
In short, a stimulant can be a controlled substance (e.g., methamphetamine is a common one), but not every stimulant is covered – caffeine and nicotine being two examples.
Even though this is "only" a...
Yes, a parole violation can be alleged based on failure to pay, but it is highly unlikely. First, the failure would have to be intentional (i.e., he has enough money but refuses to pay anything). Second, prison overcrowding means that the state authorities are far less likely to do anything when the parolee hasn't committed a new offense.
I strongly urge you to retain a collections attorney (on a contingency basis - don't pay anything up front) who can show you how to convert your...