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I have been charged with identity theft along with false documents. I was released on a bail of 50,000 and I will soon be going to my first arraignment. When I was arrested, the police officer took me out from work & then took me home to search my...
You should NOT plead guilty in this particular case or in most cases. What you should do is consult with a criminal defense attorney. Especially if this is charged as a felony. The felony would not only be a deportable felony but it could also mean jail time.
The criminal defense attorney could evaluate your evidence. If you feel that you do not have the money for the attorney. At least continue arraignment and request a copy of the discovery (evidence provided by prosecutor against you). Then I recommend you go to an attorney and discuss your case in detail. The attorney who is familiar with this court not only will be able to tell you what the prosecutor should be offering but also what the likely outcome of the case will be if you plead guilty or go to trial.See question
I intend to file stay and DMV hearing. Can I request all the information collected from me etc. by going to the police station to be better prepared for a hearing ?
You need to request discovery formally in writing from the DMV driver safety office. Additionally if there is a criminal case you should get an attorney. If you decide you do not have the money a public defender may be provided by the court. (No guarantees there on good service but at least you have someone familiar with the process). Finally if you don't qualify and decide to go pro per at this in the criminal case (high not suggested) request the prosecutor to provide you documents. You should send this in writing as well. Again with all being said you should seriously consult with an attorney and at least get some advice before proceeding on your own.
Some prosecutors may and could use your statements in the DMV hearing against you in a criminal proceeding therefore it is very important that you do consult with someone who knows how the process works.See question
So i was arrested for dui on the 22nd of June in Monrovia California. I'm guessing that I was pulled over for having a messed up third brake light. Anyways, I passed all the sobriety test without any difficulties and the officer seemed unsure as...
DUI charges are not only difficult in general to deal with in court, but they are very time consuming. Not only are they difficult and time consuming, they are also expensive if you are not properly represented in court. The reckless driving is not guaranteed. Some prosecutors will take advantage of the overworked public defender and attempt to pass the case as a straight DUI. So why should you hire a DUI attorney, you ask? Well there are many reasons, but the most important are their legal knowledge, efficient results, and experience dealing with similar charges in the court system. Making sure your rights are preserved and you are not overcharged. You may have a title 17 issue in the stop. You may have an ineffective sample. Finally, your blood sample should be compared with an independent lab (on average 80% of our cases using an independent lab showed results to be .03 or lower.) This was a difference between dismissal or a DUI.
The officer who told you it may be reduced to a reckless driving is not correct. He doesn't know what your blood test will show. If it shows anything over .10 most prosecutors will not reduce your case. However if it shows below .08 they may try to rely on the sample you blew on scene. Additionally, it is peculiar that the officer did a breathalyzer test additionally made sure you drew blood, seems like something was off. Finally most DUI attorneys including our office will handle your DMV hearing and process. Remember no attorney will be provided in that hearing unless you hire one. It is also important to consult with an effective counsel who will pay attention to your case. An attorney can make sure your rights are preserved and you are not over charged or charged at all if the case has a possibility of being completely thrown out. Most of the DUI's our firm has handled and completely dismissed involved clients who thought they should take the first deal offered by the prosecution. After careful evaluation and aggressive negotiation with the prosecutors. Our clients cases were dismissed rather then settling for a wet and reckless charge which is still a misdemeanor.
I just got a dui I want to know some info.
First Time Offense DUI
- Summary Probation of 36 months. (summary probation is informal probation requiring you to stay out of trouble for that period of time).
- Fine of 390 to 1000 depending on the blood alcohol content (BAC) plus penalty and assessments.
For example Fine $390 after penalties and assessments will end up being around 1800-2000 dollars plus any court fees and restitution fees court may charge. Each court will have their own set fees.
- Usually charged with one count misdemeanor either 23152A or 23152 B.
- 3 to 9 month alcohol classes (depending on your case, BAC, if you have an attorney, etc.)
- In Los Angeles County IID (ignition interlock device installed in your case for at least 1 year)
DMV - Suspension from 4 months up to 1 year. (contact an attorney to see how you can reduce this number even more.
I always recommend hiring an attorney in these cases because an experienced DUI Laywer will not only save you money but protect your rights and make sure you obtain the best possible outcome.
Konstantin D. Gurovich, Esq.
15250 Ventura Blvd Suite 506
Sherman Oaks, CA 91403
Some off duty cop taped me on his phone trying to pass a car in the canyons that wouldn't let me pass so I had to cross the yellow lines. Everytime I tried to pass, the car would speed up and not let me pass. I finally was able to pass him but the...
You are being charged with Cal. Vehicle Code Section 23103 Reckless Driving
23103. (a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.
There is always a possibility that you could face jail time with a misdemeanor offense such as reckless driving. However depending on the court and the fact of the case, especially considering that no officer was present at the time of the actual incident. It is not likely. Most prosecutors will ask you to pay your fine, you will get two points on your license in California and complete summary probation usually of 24 months. Summary probation is informal probation where you just have to stay out of trouble for that many months. If you do not you risk having your next criminal case enhanced for the violation of summary probation.
In hindsight, I believe you should not have spoken to the officer and waived your rights. You should always remained silent. Now the officer will use your statements against you to file charges of reckless driving. They are using a scare tactic to have you just admit guilt. If you lawyer up this case may either possibly be fully dismissed or reduced to an infraction. Depending on your statements and facts of the case there is a good chance this may happen. Their case relies on their witness and how far that person is willing to go out of their way to ruin your day.
In the future: Remember anything you say to prosecutors or law enforcement will always be used against you. Therefore its best to make no statements and if necessary hire or seek legal advice from an attorney. Most consultations are free and in that session you could learn something that can prevent you from getting into a lot of trouble.See question
i recieved a DUI in august of 2012. i was 20 years old when the incident occurred and am now 21. I blew a .10 BAC. i am now less than a month away from completing a year without a license. i already completed community service, MADD, and Drug cla...
Regarding the SR-22 I agree with the other attorneys. Your best bet is to avoid having a car registration in your name and driving altogether. You cannot drive legally without that insurance unless the car your driving is insured. This is your way around it. If you are a permissive driver on another person's insurance. Some company's will not add you if they know you had a DUI or will raise rates. However, this is still a good way to avoid paying an arm and leg for your insurance rates.
As to the Ignition Interlock Device. The only way you can avoid it is if you do not drive. If you ride a motorcycle there may be an issue since most of the devices are currently only for vehicles and not motorcycles.
Cal. Veh. Code 23575 Section M states: For the purposes of this section, “vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. Any person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.
If you choose to drive another person's vehicle which is not registered to you or borrow someone's vehicle, remember one thing, you must have an ignition interlock device attached to that vehicle. There are new devises that most courts will approve that travel with you and attach through the cigarette lighter. They can be moved from vehicle to vehicle. You can look into the interlock devices here http://www.dmv.ca.gov/vehindustry/ol/forms/ignitioninterlockdevicelist.htm.
Good luck!See question
About two years ago, I was arrested for petty theft (penal code 484). My father hired an attorney, and the attorney told me she managed to reduce my charge to trespassing once I finish my one-year probation. She then also said that I can petition ...
What you can do is go into the court criminal obtain the information of the attorney who handled your case. You should also obtain your criminal case file. This will give you the ability to know what your next step should be.
In order to achieve your goal of having a clean record you need to Expunge your trespassing misdemeanor case. California Penal Code 1203.4 and 1203.4 (a) permits most people convicted of California crimes to have their convictions dismissed after their conviction or guilty plea.
Although this is commonly called an “expungement,” as 1203.4 dismissal is actually more powerful. Rather than having your prior conviction “erased,” instead, your attorney asks the court to permit you to withdraw your guilty plea, or vacate your conviction, and replace it with a dismissal of charges. You can obtain an attorney to do this or if you have the time and ability to complete this on your own you may try to go pro per (without an attorney).
File a petition with the court using CR-180 and CR-181 and follow the instruction of the criminal court clerk.
First collect information about the prior conviction from the criminal clerk office. Make sure all probation is completed and you have complied with all terms of the trespassing misdemeanor conviction. It is important to assure that all relevant information is placed before the judge so that all charges are dismissed. This petition may include information about the offense, the probationer, letters of recommendation, proof of compliance with the terms of probation, and any other material that may assist the court in making a decision.
If your conviction resulted in a probation term, you must first complete your probation before seeking dismissal under Penal Code 1203.4. However, you may request early termination of probation under Penal Code 1203.3 and dismissal simultaneously. Consequently, the judge would grant early termination of probation and dismissal.
Eligibility is based on the type of deal your previous attorney was able to reduce the petty theft to and I would also consider your past criminal record. Also if you complied with courts conditions and paid all outstanding restitution if any. This is where I would advise you to seek consultation from an attorney to see if you are eligible for this type of dismissal. Remember, no attorney can guarantee a dismissal to be granted by the judge, however an experienced attorney will have a good idea of whether or not it will be dismissed.
What this process will achieve:
A dismissal under 1203.4 or 1203.4 (a) vacates your conviction, whether it be by guilty plea or conviction at trial and replaces it with a dismissal. Thus your criminal record will show the charge was dismissed. Files are not destroyed; however, after 10 years the court may destroy records of convictions.
Although you may truthfully answer “no” when asked if you have a criminal record, you must still reveal the prior conviction, now dismissed, when applying for a state license.
A conviction later dismissed under 1203.4 or 1203.4 (a) may still be used against you as a prior conviction for a subsequent prosecution.
You should contact a criminal defense attorney in Los Angeles to advise you further, before proceeding with an expungement. Hope this helps you. I wish you all the luck.See question