DUI Attorneys in Los Angeles Defending People Against DUI Charges During The Court Process
Promise to Appear
Most people arrested for DUI are released on their own promise to appear and given a citation ordering them to appear in court on a specific date.
Occasionally, the arresting agency will impose a bail, and the arrested person will have to post bail or remain in custody until they can see a Judge.
If an arrested person bails out, the bail agency will give them bail paperwork similar to a citation, ordering them to appear in court on a specific date.
Title 17 of the California Code of Regulations sets forth several rules regarding how the government must conduct DUI blood tests, breath tests, and urine tests. You can expunge your DUI conviction once you complete your term of probation.
Police Report Forwarded to Prosecutor
After a person is arrested for a DUI, the arresting officers prepare police reports and forward those reports to the prosecuting agency.
Depending on where the offense occurred and other factors, including whether there was an accident with injuries, the case will be prosecuted by either the County's District Attorney's Office or the City Attorney's Office.
A lawyer in the prosecutor's office reviews the police reports and prepares a Criminal Complaint alleging violations of certain sections of the Vehicle Code. The Criminal Complaint is then filed with the Superior Court.
Filing of Criminal Complaint
In many cases, the Criminal Complaint is filed before the arraignment date listed on the defendant's citation or bail paperwork.
Sometimes, however, the Criminal Complaint is not filed by the original arraignment date.
This does not mean that a Criminal Complaint will not be filed. In truth, the prosecuting agency can file one at any time before the expiration of the Statute of Limitations.
The Statute of Limitations governs how long a prosecuting agency has to file a Criminal Complaint against a defendant.
The Statute of Limitations for misdemeanor DUIs is one year. That means that a prosecutor has up to a year from an arrest date to file a Criminal Complaint.
If a Criminal Complaint is filed after the original arraignment date, most prosecuting agencies will notify the defendant of a new arraignment date in a mailed letter.
This is why ensuring the DMV always has a valid mailing address on file is very important.
That being said, not all prosecuting agencies will notify the defendant before a case is filed.
For example, it's not uncommon for the Lancaster branch of the Los Angeles District Attorney's Office to file a Criminal Complaint with an arrest warrant and wait for the defendant to contact police and be taken into custody.
An experienced criminal defense attorney will monitor your case and regularly check with the prosecuting agency to ensure a warrant is not issued.
Arraignment in Court
The arraignment is the criminal defense attorney's first opportunity to obtain the Criminal Complaint and police reports associated with the arrest.
Often, additional evidence is not provided at the arraignment, so the criminal defense attorney must request it in writing from the prosecuting agency.
For this reason, at the arraignment, the criminal defense attorney will enter a Not Guilty plea on their client's behalf and schedule a pre-trial conference at some point in the future.
An experienced criminal defense attorney will recognize and obtain, as soon as possible, the evidence necessary to attack the prosecution's case.
This strategy will help the attorney in both settlement negotiations and trial preparation, ensuring that the client gets the best possible result.
After several pre-trial conferences, during which the attorneys litigate evidentiary issues, the attorney will present his or her client with the best possible settlement offer or plea deal. The client then decides whether to accept that offer or fight their case in court.
The penalties for driving under the influence can become even more significant when certain "DUI enhancements" are involved.
An experienced criminal defense attorney can guide their client through the advantages and disadvantages of settling or fighting a case in a trial, including collateral consequences like license suspension, job loss, and immigration issues.
Call an Experienced Los Angeles DUI Attorney
It's important to understand that even a misdemeanor DUI in California can lead to a significant list of penalties, including substantial fines, probation, license suspension, mandatory DUI classes, and the possibility of jail time. We lawyers aggressively defend DUI charges in court and at DMV hearings by strategizing with clients to develop a a solid and effective defense.
We want to know why you were stopped, how well you performed on the field sobriety tests, and if your breathalyzer machine had any history of malfunction.
Our law firm's aggressive courtroom approach has led to charges being dismissed or reduced when we can demonstrate that a traffic stop lacked sufficient probable cause, the alcohol absorption was insufficient, or other problems of proof exist, such as the improper collection or preservation of blood after a DUI arrest.
Our Los Angeles DUI lawyers will immediately go to work to protect your legal rights and fight to avoid a conviction on your record.
For first-time DUI offenders and even some repeat offenders, there are numerous alternative DUI sentencing options available that can provide significant relief from the potential of incarceration, thereby mitigating the consequences of a DUI conviction.
Call a Los Angeles DUI attorney at our office for a free immediate response at (877) 781-1570.
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