I love that your post compliments your public defender, many of whom are among the finest defense attorneys in the state. Too often, public defenders are unfairly attacked on this site, and elsewhere. PDs should be thanked and appreciated for their good work.
This will benefit you. Jurors pick up on even subtle interactions between client and attorney, private or public, and that positive interaction that follows from implicit trust can and will influence a jury's decision-making, and...
A short way to tell you what I think you really should know:
I don't know what your outcome will be if you hire an attorney, but I do know what will happen if you don't.
You are in the wrong arena if you want a guarantee. Whether you hire an attorney or not is a personal decision, and hiring an attorney is no guarantee that you will "win the case" however you define it. Not having an attorney, however, is the surest way to a speedy conviction.
Criminal court is a highly challenging arena,...
Who you are listening to matters. While it seems as if juries are increasingly intolerant of alcohol use and driving, each case is unique. To say that taking a DUI case to trial is almost worthless is absolutely not true, in my experience. That doesn't mean that winning a trial is easy: it isn't. And it certainly doesn't mean that every case should go to trial either.
Mr. Cohen's opinion that most DUI case are losers may be true if one only looks at overall conviction rates across the state....
Because a conviction carries lasting consequences, you should hire a criminal defense attorney if you can afford to do so. A conviction for a petty theft (Penal Code Section 484/488) is a misdemeanor, punishable by up to six months in jail and will show up on your record. If you can't afford an attorney, ask for the public defender to be appointed at your first court date.
Depending on the circumstances of your case (and please don't go into them here in a public forum), you may be able...
The minimum punishment is still 120 days for a third DUI within 10 years in California per VC Section 23548, but if a person enters and completes a specified program the minimum can be 30 days.
How that time is served, however, varies widely -- and sometimes dramatically -- across California's counties. And by that, I mean actual jail time -- where a person is confined in a jail -- varies widely. Many judges in different counties allow alternative sentencing (e.g. work...
Consult with a DUI attorney. I recommend attorneys who are members of the CA DUI Lawyers Association, (Google it) but there are many great attorneys who aren't members. DUI law is complicated.
First: You should not consider pleading to any charge without consulting a DUI professional first. Since you don't know the facts of your case, your focus should be on trying to get professional help to handle your APS (Administrative Per Se) hearing and court issues: two separate but intertwined...
Hire an attorney to help you with your criminal case and DMV issues. Most criminal attorneys will give you a free consultation. Get some. Fees are variable and sometimes negotiable; attorney experience and track record matter.
Misdemeanor convictions can create problems for aspiring teachers, among others. Spend some time setting up appointments. The DMV only gives you 10 days to call to request an APS hearing to contest the suspension and likely refusal allegation you now face.
A lot depends on the facts of his most recent case. He should consult with local, experienced DUI attorneys. I'd start with lawyers who are members of the California DUI Lawyers Association. If you Google it, you'll find several qualified attorneys who offer free consultations.
The stakes on a second DUI are higher than a first, with the minimum punishment being 10 days in jail if convicted. The DMV can suspend his license for two years, and require an 18-month class.
Even though he...
Cash is an acceptable form of payment in the United States of America for all debts, private or public. Please know that all fee agreements of $1,000 or more require the attorney and client to execute a written fee agreement, specifying the services that will be provided.
Get a receipt, and a fee agreement.
In a conservative county like Placer, theft-related charges are often filed as felonies based on facts similar to what is given here.
The old misdemeanor/felony cut-off used to be $400, but now it is $950 for a theft to be charged as a felony, (less if farm products, farm animals or firearms are involved, unless here are prior theft convictions.)
Burglary, however, is a specific intent crime and has no dollar limit, because a completed theft is not a required element of that crime. Merely...