Legal Question in Criminal Law in California

How long would you be in jail if you got arrested for DUI, on probation and driving without License ?


Asked on 1/07/12, 11:44 am

4 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

So many facts you don't include : 1)What court ? 2) facts of the new DUI 3) What are you on probation for ? 4) How long have you been on probation ? 5) How have you done, up to now, on probation ?(Paid fines, community service etc...). And other questions. As a Former Deputy D. A and as one of the few Criminal Law Specialists in the state of California I could only give you an intelligent and reasoned answer if I heard many more facts. You may call my office at 661-267-1313 and I will speak to you by telephone to make sure you get all your questions answered and I know I have all the facts I need to give you the advise you need........David Wallin

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Answered on 1/07/12, 11:57 am
Zadik Shapiro Law Offices of C. Zadik Shapiro

One more question in addition to David's questions What county are you on probation in?

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Answered on 1/07/12, 1:03 pm
Terry A. Nelson Nelson & Lawless

Long enough to bail out or be released from jail OR. Then the terms of plea bargain with the DA and court are up to your attorney to work out. The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, testimony, priors history, etc. The charges determine how much �time� and fines could potentially be imposed if convicted.

In California, if convicted of any misdemeanor, you potentially face up to 6-12 months in jail, plus fines. Multiple counts and charges will multiply your problems. If you have priors and strikes, those will add �penalty �enhancements� under the 3-Strikes rules. If this constitutes a probation or parole violation, factor those new violation charge[s] and old deferred sentence[s] in as well.

Of course you can fight the charges. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential �time� and financial penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help, using whatever defenses there may be.

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Answered on 1/08/12, 2:24 pm


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