New misdemeanor diversion law doesn't apply to California DUI's, it is found after confusion. Prosecutors argued instead that an existing state Vehicle Code provision forbids diversion for driving under the influence of alcohol or drugs. Regardless if it’s a DUI or any charge, if you have been charged with a misdemeanor and think you may be eligible for Diversion, please contact us at once for a free consultation.
Many newly released prisoners stay out of prison only at the whim of judges and probation officers. Individuals can lose their freedom on a technicality. However, AB 1228, a newly-enacted law, makes it harder to revoke their freedoms and take them back to prison.
Have you been charged or convicted with a crime, but are a survivor of violence? You may be eligible for a plea bargain or resentencing, that considers your status as a victim of violence. This violence can be psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence.
An arrest for a DUI is a frightening and confusing experience, and most people lack knowledge about how to handle the situation. Everything you do and say matters, so it's essential to know your rights and be cognizant of your behavior and statements to the authorities. Read more for things you should be aware of.
In the State of California, the penalties for a DUI conviction are tough. If you are caught driving with a blood alcohol concentration of 0.08 percent or above or driving under the influence of alcohol or drugs, or both, to the point that your driving is significantly affected, you can be convicted of a DUI charge. How can a DUI lawyer help with California’s tough penalties for a DUI?
It is illegal to drive under the influence, which means that all Fresno DUI charges go to criminal court. While individuals have the right to represent themselves in court, most defendants in these cases will either have a court-appointed public defender or hire a private attorney to represent them.
There are many ways in which an attorney can present a DUI defense, depending on the circumstances under which the person was arrested. Of course, there are many factors which determine whether a person will be convicted of driving under the influence. There are various things which the arresting officer will note in their report, and these may be used to determine whether the person was driving under the influence of alcohol. Read More...
A DUI conviction can have far-reaching consequences that will affect virtually every aspect of your life, from your finances to your employment and even your personal relationships. Some of these effects are short-term, but others are long-term and potentially permanent. Read more to find out what ways a DUI affect your life.
If you have been arrested and charged with a DUI (driving under the influence), you could be facing different charges. You may be looking at a misdemeanor or a felony. Because of that, you should be asking yourself which one you are facing. They each have their own consequences, so it is important to know exactly what you are being charged with.
There are many things that a DUI attorney can use in order to present your DUI defense—things that you may not know can be used in a court of law. This is the reason why it is best to seek out a knowledgeable DUI defense attorney before you go to court. Read more to find out some of the things that a DUI attorney might use in your defense.
One of the things that we’ve noticed materialize due the pandemic is an increase in DUI cases. That’s interesting, since for the last couple of months people were supposed to be staying at home. However, it also makes sense since ride share companies had, temporarily, discontinued services. If you are being charged with a DUI, you run the risk of severe penalties such as loss of license, hefty fines, and even jail time. It is paramount that you entrust a reputable attorney to defend your rights.
When you are charged with a DUI, you will have to work closely with a lawyer to set up your DUI defense. It's very important to make a good impression in court if you want to be acquitted of the charges or get a reduced sentence. In order to do this, you'll have to make sure that you come across as a productive member of society in front of the judge who is making the decision. Here are a few tips to help you make a good impression in court.
What can make the difference in the outcome of your case is an experienced and effective legal attorney. Working with the Mitchell Law Group, you'll have expert representation in drunk driving cases.
If you have been arrested for any type of crime in Fresno, you should know a little bit about the law so that you can put up a good defense. Of course, your Fresno criminal lawyer will be there to help you through the process. But it also helps if you know a few pertinent things that will help you. One very important thing you should keep in mind is whether you have been Mirandized or not. Did the police read you your Miranda rights?
California's drunk driving laws have already undergone some changes this year, and more are expected. What are these laws, how might they affect your DUI case, and what can be done to mitigate the consequences? Continue reading to learn more.
According to the Centers for Disease Control (CDC), 1.8% of California drivers admit to operating a motor vehicle while intoxicated. While that percentage may seem small when you calculate the number of registered drivers, throughout the state, that 1.8% comes out to more than 450,000 people a year. Driving under the influence (DUI) is no joke and Fresno, California takes the offense very seriously.
Have you recently been charged with a DUI? Are you being charged with a second or Third DUI offense? A DUI offense is a serious charge that needs quality legal assistance to challenge the narrative of the arresting officer and fight for your rights at DMV and in the courts. Michael Mitchell is a criminal defense attorney, certified field sobriety practitioner and instructor, and has a ridiculously strong track record in the area of DUI defense. He can help you mount a strong legal defense against a DUI.
Being without a license can have repercussions that affect nearly every aspect of your life - from being able to get back and forth to work and taking your kids to school, to other everyday activities like getting groceries and making it to the doctor's office. Under California law, you are entitled to a DMV hearing where you can contest or fight the suspension of your license But you have to act quickly - you must request your hearing within 10 days of your arrest.
California is best known for its tourist traps, sandy beaches, and vibrant night scene. Yet, tourists and locals alike have expressed irritation over the "early" closing hours of the state's bars and nightclubs. In response to their outcries, state legislators are once again considering a bill that would allow establishments to stay open until 4 AM.
If you're being tried in court for a DUI, you'll need to have a strategy. Working closely with your criminal defense lawyer can help you to come up with one. Your lawyer will be able to tell you what all your choices are and whether you should plead guilty or not guilty. Even if you do plead guilty, it may be possible for you to get a reduced sentence. Or it may be possible for you to make a deal with the prosecutor's office. There are many options open to you as the defendant.
As of 2019, there are new laws on the books for DUI offenders. Californians charged with DUIs will be required to install an interlock device in their vehicles. What does this mean for offenders convicted of a DUI?
As of January 1st, 2019, a new law, Senate Bill 1046, signed by Governor Jerry Brown, took effect throughout the state of California. The pilot program, implemented only in the counties of Los Angeles, Sacramento, Tulare, and Alameda is now in position state-wide. Every person convicted of a DUI must have an ignition interlock device (IID) installed in the steering column of their car that prevents it from starting if the driver fails the breathalyzer test attached. What does this mean?
The smartest way to deal with a DUI arrest is to engage a reputable law firm. Much like hiring a reputable accountant to handle your taxes, a knowledgeable DUI Defense Attorney is going to look for the loopholes and exceptions that could lead to a dismissal or reductions in charges, sentence, probation, fees, jail, community service, etc. Representing yourself can be difficult, and it could lead to an unjustified sentence.
Getting caught Drunk Driving is one of the most common crimes committed in our society. As mistakes go, it can come with some steep consequences. Once you see the flashing red and blue lights in your rearview mirror, your mind might start racing as time seems to slow down. You might be thinking, "Why did they pull me over?" and "What am I going to say?" You might also wonder, "How many drinks did I have?" and "Am I going to jail?"
Recreational marijuana has been legal in California for over a year. However, "driving while high" is still illegal. Determining who is driving while impaired by marijuana is more difficult than finding out who is driving drunk. No equivalent breathalyzer test exists for cannabis, at least not at this point. So how does law enforcement determine whether you're driving under the influence of marijuana?