LOS ANGELES CRIMINAL DEFENSE ATTORNEY
LONG BEACH CRIMINAL ATTORNEY FOR A MISDEMEANOR CHARGE
A misdemeanor isn’t as heavy as other crimes but you can be charged for it and this will become part of your permanent record. Fortunately, you can fight it with the help of a criminal defense lawyer.
Do you have to see a lawyer? Some people do so immediately so they can be guided throughout the process. For that, you have to hire one. Surely you can get somebody because if you don’t, a state appointed lawyer will be the one to help you but they don’t do that well compared to private counsel.
For you to quality a state appointed counsel, you will have to fill up a form. You will also be required to reimburse the state for the legal services of the public defender.
When you finally hire a lawyer, tell them what happened because only then will they be able to figure out a strategy to help you out. For instance, your lawyer can argue that illegal items that were found in your possession were planted. If that is the case, during the arraignment proceedings, you will enter a plea of not guilty.
What is the difference between a plea of guilty and not guilty? If you enter a guilty plea, you give up the right to a trial since you admit to the crime. However, when you plead not guilty, you will stand trial and the jury will decide whether or not you are really guilty of the crime.
Here, the prosecution will be bringing in witnesses, police reports and the evidence. Your criminal defense lawyer will have the chance here to dispute the findings and if he or she is successful, reasonable doubt is achieved and your chances of getting a not guilty verdict become higher.
Once the closing arguments are made, the jury will now deliberate. If you are found to be not guilty, then you walk. But if you are guilty, then you will be sentenced shortly which may mean paying a fine, spending some time in jail, doing community service and placed on probation. You can appeal your case of course which will be done by your criminal defense lawyer.
The objective in this proceeding is to get you a not guilty verdict so you don’t have to spend time in jail. However, if you are guilty and given the option to make a deal, perhaps you should take it.
The process of facing a misdemeanor charge is the same even if you are below 18 years of age. The only difference is that a parent or guardian is also present together with your lawyer when you have to face the judge.
Since being charged with a misdemeanor isn’t that serious, some people decide to represent themselves. If you decide to do this, make sure you are familiar with the law and the procedures involved in your case because during trial, no one will help you or advise you on what you should do. But if are not sure how the legal process goes, why trouble yourself when you can hire a criminal defense lawyer who does this for a living.
HIRING A LONG BEACH DUI ATTORNEY TO HELP YOU
Ever been pulled over on a DUI charge? Yes this happens but you can beat the system with the help of a criminal defense lawyer.
Drinking under the influence of DUI requires fast action on your part so that your license will not be suspended. The first thing you have to do of course is hire a lawyer so you can immediately be released from jail.
In some cases, this does not happen because you are released on your own recognizance. However, some will require you to post bail which your lawyer can take care of.
Once released, it is now time to address this issue. In some states, a DUI charge generates 2 separate cases. The first is filed with the Department of Motor Vehicles while the other is a criminal court case. When faced with this problem, you have to face these charges within ten days from the date of the arrest.
Just like any other criminal case, this begins with your arraignment. You will be asked to enter a plea of guilty or not guilty. Chances are, your criminal defense lawyer will tell you to plead not guilty to these charges. This will give him or her time to review the facts of the case so your defense will be established.
There are many strategies available that your lawyer can use to you get out of a DUI and have proven to be successful.
Your lawyer may for example argue lack of probably cause for the initial stop. This means there was no reason at all to stop you and if that is the case, submit a petition to suppress any evidence that the police obtained when you were pulled over.
It is also possible to argue faulty of unreliable BAC results. The BAC stands for blood alcohol test which is used to test if the person’s alcohol level has reached the maximum limit which makes him or her unsafe to drive a vehicle.
The results could be faulty if your lawyer can prove that the test was not properly administered, the equipment used was not properly maintained or you have a medical condition that may have an impact on the reliability of the test.
Another tactic is to attack the credibility of the arresting officer. If your lawyer is able to question the police officer and prove there are inconsistencies in their testimony compared with the police report they filed, you just might have a chance of getting a not guilty verdict.
But if things are not working in your favor and everything was done by the book, then your criminal defense lawyer may advise you to accept a favorable plea agreement. Doing so may get you reduced charges or sentencing concessions with the district attorney.
If you don’t want to negotiate and decide to gamble in court and lose, then you can try to appeal the court’s decision. If you don’t, there will likely be an increase in your insurance cost, limits on employment options and you will now have a permanent record.
Hiring a criminal defense lawyer is the only way to get out of a DUI charge. After all, there are circumstances which you can argue so that you name will not be included in the criminal database system.