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Navigating a DUI Charge in California: Understanding the Legal Process
Receiving a DUI charge can be overwhelming, especially if it’s your first criminal offense. The uncertainty of the legal process can compound your worries. As a result, it’s essential to gain a thorough understanding of the steps involved in a DUI case.
Todd Spodek, an expert DUI attorney in Los Angeles, emphasizes the importance of consulting a lawyer immediately after arrest. Even before the prosecutor decides whether to pursue the case, your attorney can present evidence that may lead to dismissal of your case. Working with a DUI lawyer is crucial to building a strong defense, defying the charges, and reducing the likelihood of severe legal consequences.
The following are the stages of a DUI case in California:
Arraignment
The first court hearing in a DUI case is an arraignment. Your DUI attorney receives a copy of the criminal complaint and any available police reports. The judge informs you about the charges filed against you, and the severity of expected penalties such as fines, license suspension, and even imprisonment. The judge imposes bond conditions, which may consist of refraining from using drugs, consuming alcohol and taking tests to track your alcohol use.
Plea Bargain or Pretrial Hearing
Before pleading not guilty, your lawyer may try to negotiate a plea agreement on your behalf. In most cases, you plead not guilty because there’s still room for discussion or a chance of proving the allegations wrong. After the arraignment, the court sets a pretrial hearing. This period provides ample time for your DUI attorney to prepare your defense. Your lawyer will look into police reports, examine video evidence, and gather witness statements. Depending on the case, your attorney may use relevant motions such as California Penal Code Section 1538.5 PC to contest the legitimacy of the traffic stop.
If you opt for trial, the proceedings typically follow the same path as other criminal trials. The judge or a jury decides whether you’re guilty or not guilty, or if they can’t reach a verdict. In case of a guilty verdict, the court sets a date for the sentencing hearing.
Sentencing Hearing
If convicted, the court outlines the severity of punishment, which can include jail or prison time, expensive fines, probation, or both. The complexity of California’s legal system makes it paramount to work with a DUI attorney who can guide you through the legal process.
The following table summarizes the stages of a DUI case in California and the purpose of each stage:
| Stage | Purpose |
|---|---|
| State’s Attorney Files Charges | Determine whether to pursue the case |
| Arraignment | Inform the defendant of charges and their severity |
| Plea Bargain or Pretrial Hearing | Explore opportunities for plea bargaining or discuss matters pertinent to the case |
| Trial | The judge or jury decides guilt or innocence |
| Sentencing Hearing | Determine the severity of the punishment if convicted |
It’s essential to note that a DUI case could take several months or even years to complete. Every phase of the process is a step towards clearing your name or reducing potential consequences, so it’s paramount to have a skilled DUI attorney by your side.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
CALIFORNIA CRIMINAL DEFENSE ATTORNEYS