Our DUI / Criminal Defense Attorneys Know What To Look For…
Contrary to popular belief, a DUI allegation is a criminal allegation. If you have been accused of a DUI or any other criminal offense, it is imperative that you contact the Legacy Counsel as soon as possible after being cited/arrested, because your license, freedom, reputation, and most likely your employment are in jeopardy. You need a skilled DUI/Criminal defense attorney to help you get through this maze. Our DUI & Criminal defense attorneys are skilled lawyers who will investigate your case, know what to look for, and fight for you. Keep in mind, though, there not hiring an attorney, or not hiring the right attorney, may cost you. Here’s an estimated breakdown of the total cost of a DUI conviction long-term.
As you deal with the various issues that can arise in your case, you should seek a DUI or Criminal defense attorney who has the experience you need in representing people so that he or she can move quickly to protect you, your rights, and possibly your driving privilege. Additionally, having the help of a defense attorney can be very beneficial because we know how to evaluate DUI & Criminal defense cases and figure out whether or not to take your case to Trial, file a Motion to Suppress Evidence, or simply try to negotiate the best plea bargain possible. DUI & Criminal Defense attorney Matthew Murillo will formulate a defense tailored specifically to the charges you face.
Once in Court, your defense attorney will go to court, collect documents and speak with potential witnesses during the investigative process so that you know exactly what evidence and defenses you have in your favor. A defense case is not as simple as it may appear at first. There is more to it than simply attending Court, entering a guilty plea simply because you were arrested, and hoping the Judge will allow you to keep your license.
In the context of a Criminal allegation other than DUI, there are numerous things to be mindful of, including:
- Is a police informant involved?
- What was the reasonable suspicion for the contact?
- Was there probable cause to arrest you?
- What evidence did the police obtain?
- Did they get that evidence lawfully?
- Is it direct or circumstantial?
- Does that evidence tend to prove or disprove anything?
- If the evidence was obtained unlawfully, is it susceptible to being suppressed? (Meaning, should it even be allowed in Court?)
- Even if all the allegations are true, does it rise to the level of a violation of law?
All of these factors should be considered when deciding whether to hire a Criminal Defense attorney; and all will play an important role in the ultimate outcome of your case and whether your case should be submitted to Trial by Jury or Judge.
In the context of DUI charges, there are still several complex issues that should be considered when deciding whether to hire an attorney to represent you. First of all, after a DUI arrest, every individual has a right to a DMV Administrative Per Se Hearing. This hearing must be provided by DMV, if requested, and is solely for the DMV to put forward sufficient evidence to prove you were driving with a .08% BAC, or greater. At this hearing, you are allowed to subpoena witnesses and present your own evidence in order to contradict the DMV’s evidence or witnesses. The most important fact in this context is the deadline by which you have to request this hearing — it must be requested within 10 calendar days from the date of arrest.
Potential arguments and defenses which can be successful at the DMV Administrative Per Se hearing level or in Court, for a properly prepared and presented case, could be:
- Rising BAC;
- Lack of Reasonable Suspicion For Officer to Make Contact;
- Lack of Probable Cause To Arrest;
- Failure to Witness Any Driving;
- Failure to Establish An Accurate Time of Driving;
- Lack of Applicability of A 3-Hour Presumption;
- Technical Issues with DMV’s Documentary Evidence;
- Failure To Subpoena Necessary Witnesses;
- Failure to Comply With Various California Laws Related to Chemical Testing;
- And Many More!
Each of these topics have multiple sub-issues that relate to it, and improper investigation at the DMV level could have dire consequences in Court. Why? Because many of the items subpoenaed by a knowledgable DUI defense attorney at the DMV level will also be useful in Court. Testimony given at a DMV Hearing can also be used in Court, as well, against the testifying witness. This could spell disaster if not prepared properly by a qualified DUI defense attorney.
Second, you want to make sure you’re putting your case in the hands of a skilled defense attorney. In the case of a DUI, the DMV hearing could be your only chance at saving your license. Any action taken by the Department of Motor Vehicles, through its Administrative Per Se hearing procedures is completely independent of any action that may be taken by the Court in a DUI case. This means that, if you fail to request a DMV hearing, you’re license could automatically be suspended 30 days after the arrest; even if the District Attorney never files a criminal case against you and you’re never actually convicted of a DUI. This means that, even though you were never convicted of a DUI, you still have a license suspension to deal with.
If you believe that you would benefit from having the services of a well-versed DUI & Criminal defense attorney from the Legacy Counsel, please contact us to schedule your free evaluation.