Legal Question in DUI Law in California

my husband has a court date soon. his charges include DUI with injury to another, Hit and Run, and Blood Alc level at .08%...should we get him a lawyer for his court date? he is locked up even though he willingly showed up to his scheduled court date. the public defender advised him to plea not guilty...i don't know what to do. do we just show up to his next court date and see what happens? i am lost.


Asked on 10/30/13, 9:01 am

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don�t like dealing with ProPers, unless you are simply pleading guilty, not defending the case. I doubt he wants to, or should, plead to those felonies.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential �time�, so handle it right. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available. Effective plea-bargaining, using those defenses, could possibly reduce the potential �time� and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

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Answered on 10/30/13, 10:59 am
Steven Mandell Law Offices of Steven R. Mandell

I couldn't agree more with Terry Nelson. I write to say that most criminal lawyers give a free consultation, and I advise you to take one or two soon, before your husband's upcoming court date. A frank and open discussion of your husband's situation with a criminal lawyer can allow you to see his case through new eyes but with the experience to make a difference in the outcome. If you'd like to meet with me for a free consultation, please don't hesitate to call. Good luck. Steve Mandell 310 393 0639

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Answered on 10/30/13, 1:37 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

The public defender is a lawyer. If the public defender has been appointed to represent your husband, the question becomes whether or not your husband is satisfied with the public defender's representation. If not you should get a private attorney. If the public defender has not been appointed you need to get a private attorney immediately. Your husband has been charged with some very serious offenses and he could spend a long time in jail or prison. You want him to have the best attorney possible. You need an attorney who not only knows the law but one who gets along well with your husband and one who can convey your husband's case properly to the court.

Good Luck

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Answered on 10/30/13, 10:23 pm


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