Don't make the mistakes of others
Saturday, May 30, 2009 at 11:58AM
If you make, or have, too much cash, property, savings, or real property, the judge will deny your request for the public defender. You can represent yourself but this is not recommended.
brought to you by
California DUI Defense Attorney
Joshua M. Dale, Esq.
Complete California DUI Information Drunk Driving California Arrest Info CA DUI Attorney & DUI CA Lawyer Guide
WHAT TO DO NEXT AFTER YOUR DUI ARREST IN CALIFORNIA!
You should not simply trust the California DMV or court personnel (the judge should tell you to get a lawyer!) if they tell you what you should do ... they have an interest in you pleading guilty since it makes their job easier.
The police officer or CHP that arrested you has an interest in you pleading guilty ... it supports the decision to arrest you, helps with promotion, and, some get awards and overtime for their arrests in DUI.
Don't automatically think you are guilty just because you were arrested.
You can afford an attorney. Just don't hire one from a letter sent to you in the mail. Don't hire from the telephone book! For DUI charges, only select a qualified lawyer local to the court and California DMV you'll attend.
You begin by reading through my materials. Many DUI cases can be successfully defended even though you've been told by others just to plead guilty. You have every reason to get a free consultation.
I tell you the truth about your case.
You'll know where you stand after that, and, you can then decide whether hiring counsel for your case is a wise thing to do or not.
DON'T TELL ANYONE ABOUT YOUR CALIFORNIA DUI CASE - NOT EVEN YOUR EMPLOYER
Too many clients tell their employer about their new DUI arrest before they tell a lawyer!
But, I know how the cops pressure you and make you feel guilty from the start.
Don't tell anyone about your case until you've made a strategy for how your case will be handled. Your case should take a couple of months, at least, to conclude. Don't settle it until you've screened your case.
DON'T THINK YOU CAN DRIVE LEGALLY IN CALIFORNIA AFTER A DUI ARREST EVEN WHEN YOU GET A LICENSE BACK IN THE MAIL
If you do fight, the California DMV is going to give you a license to drive longer than others with a DUI who don't get a lawyer. If you go it alone, without legal help, you may also be sent a license in the mail (either the one the cop took or a replacement). Don't think that it is automatically good and legal for you to drive.
If you lose your hearing, you will be suspended. YOU CANNOT DRIVE AGAIN UNTIL YOU GO TO California DMV AND THEY GIVE YOU A BRAND NEWLY DATED AND PAID FOR RECEIPT. Your license remains suspended, even if they send you the replacement license, until you go to the California DMV and get it re-activated by paying a fee and giving them the special insurance certificate SR22 proof.
YOU DON'T GO TO COURT IN CALIFORNIA WITHOUT A LAWYER. THIS IS NOT A TRAFFIC TICKET! ACT NOW OR LOSE CERTAIN RIGHTS
Join the Bay Area DMV and DUI Clinic for your case screening at this important time.
Attorneys' fees are expensive. If you've done your research and made the right choice, you are here.
Now, let what has to be done, be done. A dismissal, acquittal, reduction in charges, or plea bargain that satisfies you is what is sought. Yes, jury trial is your right and if you want one, you get it ... 90% of cases settle before trial though.
Striving to save your right to drive is what is immediately next - the DMV hearing, which you can only get if a hearing request is made within 10 days of your arrest.
Now, the real question you are trying to answer is which lawyer should help you. I am charged with telling you the truth about your case from the free consultation on through trial - including telling you how to do-it-yourself, which you can easily do after a free consultation if you pay attention.
ABSOLUTELY, TAKE WITH A GRAIN OF SALT, WHAT CALIFORNIA DMV TELLS YOU ON THE PHONE - GET THE NAME OF THE PERSON YOU TALK WITH AT THE CALIFORNIA DMV - CONFIRM EVERYTHING
First, the number on your temporary license to the DMV in Sacramento is a waste of a phone call. It is not the number to request a hearing (DMV contact info here).
And, when you are talking to them, you don't know if you are being recorded or not. They ask you questions about your case that you should not answer without first consulting with a DUI defense attorney.
Legally, they're getting your admissions that could be used against you in a hearing.
It is well know that when people who are arrested for DUI call the DMV number displayed on their Temporary License form, the DMV person will try to talk them out of requesting a hearing. DON'T TALK ABOUT YOUR CASE WITH OTHERS until your lawyer tells you to talk.
You have already trusted the cop too much by doing the field sobriety tests and that performance will be used against you in all the reports, at the DMV, and at trial. If you are lucky, video tapes will show your innocense through your driving, performance on the balance tests, and the chemical test.
DON'T HIRE DIRECT MAIL SOLICITATION LAWYERS IN CALIFORNIA
In 1989, the Supreme Court said that lawyers could advertise by direct mail. Since then we've had "medical malpractice, tort, and workman's comp. reform." Those attorneys and big firms began saturating the individuals charged with crime with direct mail advertising.
I put this website together to steer you in the correct direction with all the direct mail that is being sent to arrestees.
There is a company that sells the names of those arrested to these attorneys who turn around and mail to you with the intention of getting your case for too high a fee.
Most all who matter agree that a lawyer from a mail advertisement does not necessarily make a good defense. Fees that are too low can only mean the firm intends to plead you guilty right away rather than try to find a defense. Then again, fees that are too high for the case can be aggravating.
Here, fees are set according to a sliding scale and they are set according to what you tell happened in your arrest - "just the facts." That's all that matters to the judge. To the attorney, it will be about 10 - 20 hours work if you don't go to trial, and add a week or more if you do go to trial. Get our free consultation here.
DON'T HIRE THE LAWYER WITH THE BIG YELLOW PAGE AD !
You have a SIMPLE misdemeanor case, hopefully!
The attorney with the biggest yellow page ad is not your best choice. While you may think that it is a sign that the lawyer has a prosperous business. Other times, the guys/gals with the biggest yellow page ads are wealthy lawyers who can afford much advertising, or to, they can be a non-local attorney who sells your case to local lawyers for appearances, so to speak. Get our free consultation here.
YOU DO NOT NEED THE LAWYER WHO WRITES THE BOOK TO HELP YOU DEFEND YOUR PLAIN OLD CALIFORNIA DUI ARREST.
You need more than "book smarts." You need a lawyer to help you if you plan on fighting your case and working to save your upcoming suspended license. You need an attorney who fights in the court all the time. I do, so look around and take us up on our free consultation.