Should I hire DUI attorney in CA?
I was arrested and cited on 2nd DUI + violation prescription drugs without a prescription of probation from the 1st DUI.
My question is, do I really need an attorney?
The officer had a probable cause to stop me, and my BAC was higher than limit anyway, and they didn’t violate my civil rights in any way.
What can an attorney do for me provided that the law is pretty cut and dry in this case?
I know I will get my license suspended for 1 year anyway, for which I may or may not be able to re-apply after 3 mo IF the new law kicks in – with or without an attorney. I still have to go to 18 mo. DUI school with or without an attorney.
I don’t mind going to jail for 3 days, or community service, or whatever I can negotiate.
Can I get a better deal if I have an atty.?
It seems like attorneys are trying to scare me by saying my case is so complex, blah, blah, blah, and I may have to go to jail…. etc.
I have met lots of 2nd DUI offenders through my DUI school in the past and most of them said they could have gotten the same deal they got without their attorneys anyway.
There is this thing called ’standard offer’ and it really seems you are going to get that ’standard offer’ anyway unless your attorney goes to trial, and I don’t believe that any attorney will take my losing case to trial for a flat fee of $2500
Dont waste your money. Get a court appointed attorney. That’s what I did and I got 2 days in jail and a restricted license for 6 months. Better than a suspended license.
the reason I said to go with a court appointed attorney is because its cheaper and the judge knows them so they respect their requests in court.
My attorney told the judge exactly what I wanted and the judge gave it to me. I knew it would go smooth because I saw the both of them joking around before my case.
So definitely use a court appointed attorney if you don’t want to do time and get a suspended license.
Good Luck
I’m not an expert, just did a bit of research.
Since the DMV can suspend your license for two years on this charge, a lawyer might be able to get a restricted license for you after one year.
Community service can help defray the cost of the ticket a bit.
There is a mandatory 96 hours in jail; some counties do ten days.
Honestly I think it’s just a waste of money, unless you prefer to pay so they can do all the talking for you, but over 95% of this cases end the same with or without an attorney. Just take the plea bargain the DA offers and pay the dues, do what you got to do and you’ll be done.
But do not get another because it will be the 3rd= 3 strikes and you are out.
Good luck.
I’m not sure about CA, but in PA- for a 2nd DUI you would be looking at a minimum of 30 days in jail. On top of that you also violated your probation. In general, I would say that a lawyer is not necessary for a basic DUI…but with your circumstances, I personally would want a lawyer to represent me!
I am NOT an attorney, and this is NOT to be construed as legal advice whatsoever, but I have had DUI convictions in CA in the past, thus answering from my own experience.
It looks like you will have at least two charges – violation of CA vehicle code 23152 (a) – driving under the influence http://www.dmv.ca.gov/pubs/vctop/d11/vc23152.htm and California Penal Code Section 1203.2 (a) – violation of probation unless there were other circumstances such as hit and run, injuries, etc.
Unless you hire an attorney, you should definitely ask for one at the arraignment. If you decide to hire an attorney, remember that not all attorneys are the same. Some DUI attorneys will pass your case to less experiences associates or even outsource your appearances to other attorneys who are a lot less experienced.
You will not go to chambers so you will NEVER know what kind of offer you would have gotten if you did not have an attorney, so be sure to check your attorney’s reviews. Here are some things to look for when selecting an attorney – http://walnut-creek-attorney.com/how-do-i-select-a-good-criminal-lawyer/
Whether you decide if you want to get a private attorney or go with the public defender, you will probably get the same offer. At your pretrial conference the DA, the judge and your attorney will meet and negotiate the offer. Whatever you do, don’t do it yourself because you may get really screwed.
I am including some resources for you to check.
Hire an lawyer let him do they talking do what he says. He know the system. Ya listen to the jail house lawyer’s go straight to jail do no pass go and do not collect $200.00