OTHER DUI/DWI RESOURCES

California DUI FAQ's

Release from custody (O.R. and Bail)

My buddy has been arrested for DUI in California-How can I get him out? How does bail work? Can he be let off on his Own Recognizance (O.R.)? How come bail is so high? Can something be done to lower the bail? Consulting a practised California criminal defense attorney is expeditious and effective.

In general, when somebody is arrested for an infringement or misdemeanor, they may be let off with a citation based upon their agreement to appear. Things are different when it comes to felonies or "wobblers." (Wobblers are cases that can be charged as either felonies or misdemeanors.) In those cases, while it is possible to be let off on their own recognizance, a bail hearing may be required.

Each county has a bail calendar and bail hearing, which lists the bail that applies to each different case. It is likely to get that amount brought down, depending on the crime that is charged, and the history of each defendant. The court will think about such factors as the weightiness of the offense, the defendant's criminal record, and if the defendant is a flight risk.

Bail may be posted directly with the court clerk or law agency having custody of the defendant, or a bail bondsman may be crucial. In general, a bail bondsman will want a payment of 10% of the amount of the bail. This charge belongs to the bondsman; you will not get it returned. The bail bondsman will also need collateral to acquire the bond.

A skilled California DUI defense attorney can be helpful in getting bail cut, or helping a defendant be let off on his or her own recognizance.

If you have a question about someone's bail, you can contact a California DUI criminal defense legal representative Lieber, Williams & Labin right now.

The Criminal Process

What is the method get to trial in a misdemeanor case? What is the method in a felony case? What is a preliminary hearing?

When a person is arrested for DUI in California, the criminal process will be different, depending on whether they are charged with a misdemeanor or a felony. A misdemeanor case is one where the furthermost sentence is one year in county jail, a fine, or a combination of prison and a fine. In a felony case, the punishment is much more rigorous, and can include imprisonment in state prison, or in some serious cases, death.

In a misdemeanor case, the foremost appearance is called the arraignment. The main purpose of the arraignment is for the accused to go into a plea. If the criminated pleads not guilty, the case is listed for pre-trial conferences and then trial. A conviction needs 12 jurors to have the same opinion that the criminated is guilty beyond a reasonable doubt.

In felony cases, the initial appearance is the arraignment. Next, the case is set for a preliminary hearing. A preliminary hearing is a hearing in front of a judge (not a jury), where the judge listens to the testimony of witnesses and decides whether there is plenty evidence to make the defendant stand trial.

If the judge decides that there is enough evidence for the accused to be brought to trial, the defendant has an additional arraignment, pre-trial conferences, and then trial. A conviction demands 12 jurors to agree that the accused is guilty beyond a reasonable doubt.

If you or someone you care about is involved in the criminal process, you can make contact with Lieber, Williams & Labin, a Los Angeles DUI Attorney for a free consultation about the case.

Non-Criminal Criminal Prosecutions (D.M.V. and Proficient Licensing)

Can a criminal conviction affect my driver's license? What about my professional license?

It depends. Certain types of criminal convictions can lead to the suspension or revocation of your driver's license. The most frequent example of this is the DUI case in California. Other types of cases, such as drug cases, can affect your driver's license too.

A accomplished criminal defense lawyer can help you avoid any problems with your driver's license if you have been accused of a crime.

A criminal conviction can also affect a person's capacity to get or keep nearly every professional license that is regulated by the state. Some professions need that the crime be related to the duties of the profession before the license will be affected; others only want the crime to be one of "moral turpitude."

There are many constituents at work for the professional who is accused of crime; it is significant that the advice of a competent, creative, and insightful defense lawyer be considered, since a conviction can have ramifications far beyond the case itself. Contact Lieber, Williams & Labin, a Southern California DUI Attorney for a free and confidential case evaluation.

Sentencing Choices

What choices are there to jail or prison for a person who has been convicted of a crime?
There are many. Consultation with a criminal defense legal representative is very useful to properly work out which is the best in a given case.

Choices to detention include alcohol and drug rehabilitation and sober living environments, electronic watching and house arrest, work release and work furlough, community service, Cal-Trans work, graffiti removal, and many more. There are pros and cons to each, and a knowledgeable criminal defense attorney can help you decide which is best.

Creating the winning sentencing alternative requires through examination and preparation. It helps to work with a trial lawyer who will take the time to get to know you individually, and have your finest interests at heart.

If you or a person you care about has any questions about sentencing, you can reach Lieber, Williams & Labin, a California DUI trial lawyer and have a free consultation with an legal representative who cares.

Prior convictions

Can my prior convictions be used against me?

That depends on what they are and when they happened. This is a complex question, and is definitely a situation where consultation with a criminal defense lawyer is important.

For California's 3-strikes law, a person's prior convictions can severely have an effect the amount of time a person can be sentenced to serve in state prison. There is a piece that will provide more information about 3-strikes laws.

Prior DUI convictions can also have a dramatic influence on the punishment for a later D.U.I. conviction. There is a piece of this site that will provide more information on DUI cases.

Prior convictions can affect many issues in a criminal case, from bail to sentencing. If you or somebody you care about needs advice about a case involving a prior conviction, contact Lieber, Williams & Labin, a Los Angeles DUI trial lawyer for a free consultation.

Probation Violations

I'm on probation, and was just arrested for a new case. What do I do now? Will the old case find out about the new one?

This is a delicate situation, and the finest method depends on many factors. You must discuss this type of situation with a criminal defense attorney who can best stand for your interests in both the new case and the probation violation case.

To schedule a free confidential consultation with lawyer Lieber, Williams & Labin, Southern California DUI attorney.

Expunging Convictions

Is there anything that I can do to clean my criminal record?

Absolutely. A criminal record can hold a person back from getting jobs or promotions they deserve, getting into schools, or just moving on in life, and feeling like they have closed the door on a chapter of the past.

Misdemeanors can be dismissed, and a judgment of not guilty entered. Felonies can be cut to misdemeanors, and then dismissed. It may also be probable to receive a certificate of rehabilitation and a pardon.

For further information about expungements, or to contact Lieber, Williams & Labin, a California DUI trial lawyer for a free confidential consultation about cleaning up your record.

Confidentiality

Can you keep a secret?

Absolutely. I know that I can't aid you if you can't believe me with the truth. A criminal defense lawyer's job is to help the accused, to make sure that no one is convicted unless the prosecution proves each and every facet of the crime charged beyond a reasonable doubt. A criminal prosecution is a serious situation, and if you stand accused, you need serious aid.

For a confidential consultation with an legal representative who cares, you can reach attorney Lieber, Williams & Labin, Southern California DUI Lawyer.