Father was charged. Blood was drawn because he was too intoxicated to do a breathalyzer . It has been two weeks and no charges have been filed by DA. I have been calling the DAs office and it is still under investigation.
First of all, a judge does not convict unless the case is set for a "bench trial" where the right to a jury is waived by your defense attorney. Secondly, your defense lawyer better be looking hard at a "driving defense." That is to say that an element of a drunk driving charge is that there is proof beyond a reasonable doubt that the father was driving with a BAC of .08 or greater. So, if the father is in the back seat and is and admitted alcoholic, but cares for his child, he could have started drinking after the car was parked - legally - so the child would not be put in danger. If the father has not made any statements as to driving while under the influence, you should have a pretty good defense. Of course there are a lot of facts not included in your questions, but that should get you started. Hire a good aggressive DUI defense lawyer!See question
He was sentence to 2 years in prison but he is in county jail right now
The answer is "it depends" on the charges. Some charges are PC 1170(h) eligible which allow for a variety of sentencing options. For instance, he or she may be eligible for a "spit sentence" in which a portion of the sentence is is local or "county jail" and the remainder is supervised by the probation office under "mandatory supervision" which can be a good thing in that the probation office takes a more active role in helping the defendant re-enter society and find a job!
Of course there are exclusions or disqualifiers under PC 1170(h)(5) which state that certain crimes demand state prison only where a defendant has a past serious felony, or violent felony, or is required to register as a sex offender. Sentencing in California is more complicated than ever, so speak with a good lawyer such as Dan Smith or Jon Pettis at www.SanDiegoDefenders.com or call (619) 258-8888.
Caught speeding 83 in a 55 with a .16 bac
Your kidding, right? Just about any of us God fearing DUI lawyers are going to take your call for at least a free telephone consultation. However, I think we all highly recommend finding a lawyer that practices in the court you have been ordered to appear. That is to say, every jurisdiction is different and a lawyer that knows the character of the judge and the prosecutors in that specific area are almost always going to give you sound advice on what to expect. I often caution a potential client asking for a consultation to be aware that there are plenty of "clearing house" types of website lawyers that will hire incredibly good salespersons or "case managers" that will sell you on the firm that is no where near the court you are headed to appear. Then they will conduct business via the internet (fee agreements and credit cards) only to pay a small fraction of your fee to hire a lawyer (called a fee split) nearby the court or a lawyer willing to travel there (practicing out of the trunk of their car is romantic in a movie, but not so good on real life). Often, in those situations, the client is confused about who to call, the original website lawyer or the lawyer that was subcontracted. Even though most State Bar Associations require that the client is informed if there is a "fee split" situation, many firms overlook that requirement. In the end, you are much better off finding a local lawyer, with a local office (you can check the State Bar website for the lawyer's address) and meeting with that lawyer for a free consultation. Take the time, your future in the workplace etc,, may depend on it.See question
Iam 19 years old and two months ago I got a dui I was coming home from a friends house there at his apartment he offered me a beer I didn't see the big deal so i maybe drank half the can I never liked beer so I couldn't finish it around 8pm I dec...
There are two types of under 21 DUI's based on any measurable alcohol sometimes referred to as zero tolerance. If you are charged and convicted of a standard VC 23152(a) you are being charged with driving while being impaired (many times there is xanex or "drink without a stink" involved charged under the (f) section as well. If convicted you will most likely be on probation and the military will not take you. There is also the VC 23140(a) zero tolerance DUI as an infraction, sometimes known as a "baby deuce". However, if convicted, the judge can put you on up to a one year probation. Commissioner Block made me painfully aware that this was possible as an infraction which gave him jurisdiction to make sure my client did her First Conviction Program and pay the fines. Conversely, I also had a case where my underage client was set to go into the nuclear sub program in the Navy, his test scores were high and they wanted him. By the grace of God, I got the recruiter to call the DA and communicate that very fact which helped me to negotiate a dry reckless and "deny probation" so my client could enter the Navy immediately. The fact is that every case is different and it is best to call our office and make an appointment!See question
charged with robbery, then they added a lesser of larceny.......i took stand and it was clear we were going to win. after i got off the stand over our objections they added theft by falsae pretences to. i was convicted. appeals court reversed conv...
The typical answer is to contact your attorney. Not so much help.
I believe the correct answer is that unless your victory on appeal can support a motion for a determination of factual innocence, any recovery from the State is improbable.
I hope that makes some sense to you. It should help you "ask your lawyer"
Daniel SmithSee question
I entered a plea to felony statutory rape three years ago. I did four months in county jail and the rest on probation. I did perfect on probation with no violations or anything. My attorney says that felony convictions under section 261.5 can't...
If the your age and the victim's difference was three years or more, which PC 261.5(c) describes, you may be able to bring a motion to reduce the felony based on the fact that you were given a misdemeanor sentence involving only county time. I have been successful in the past bringing such a motion before the court with that very argument.
What you have accomplished since and the facts surrounding your case (like whether it was a dating situation that the parents did not approve), are factors a court will always look for. But I believe that you have a argument to get this charge expunged.See question
If you ask a minor,do u wanna have sex what charges can that person face?
A lot depends on the actions that go along with that request. However, the first charge that comes to mind is PC 647.6 which is "Molesting or Annoying a Minor" under California law. This is a wobbler felony and I believe is quite possibly an offense that could result in life long registration as sex offender under PC 290.
If the defendant exposes him or herself in any way that could be construed to be an act of sexual gratification or arousal, then you are definitely looking at a PC 314 offense involving lewd and lascivious acts. A charge of PC 314 subdivision 1 or 2 is mandatory PC 290 registration.
PC 290 registration is complicated and there are only a few good arguments left to find relief from such an order. If you have any questions, you can speak with any of our 4 criminal defense lawyers at (619) 258-8888 or contact us on our website at www.sandiegodefenders.comSee question
Immigration judge approved adjustment of status but we have to wait 30 days to see if ICE is going to appeal---- should the lawyer call ICE to see if they are gonna appeal or does that bring more attention to the case??? My husband(mexican who en...
I believe you should, but I would call James Rudolph at (619) 235-0010 and ask his opinion. He practices exclusively in immigration and his partner in criminal defense. He is who I call with questions like that all the time. We all must work together.
Our small firm was just subpoenaed (both the president and the company itself) without our knowledge on a job we worked on (the case is about dispute with property lines) for the client. We had not been paid for our original work and they will not...
I also believe that you will not be an expert witness unless you allow the lawyers to take you there. Perhaps a letter to the lawyers expaining that your knowledge is limited and you will not testify as an expert.
As you have been told, you may be subject to arrest for contempt of court.
Best of Luck.
march do you think she will arrest me ive alrdy been locked up and did 21 day stop what will happen to me this time ive only had a violation for curfue i live in San DIego
Most likely, your PO will do no less than to ask that your probation be revoked and reinstated to add more tome to your probation and add some additional tasks such as anger management classes. Your best bet is to do some community service and have it documented to show that you are serious about changing your ways. You can also make sure that you keep up with your school assignments by asking your parents to go to the school and get your assignments (if just suspended) or seek an alternative education program.
I have a client with a similar case now, and the most important thing to the judge is not necessarily what your PO wants, but what direction and what steps you are taking to get there.