As a general rule you do not need to go to court if you have an attorney to go in your place. However, there are exception with every general rule. If you were involved in a Domestic Violence then you need to go to court for the purpose of getting served with a restraining order. In addition, there are other circumstances where you need to show up to court. IE: If you had not posted bail on a second DUI in Orange County, then the court will want you to be in court and finally, if your case is a felony then you need to be in court.
I Did Not Request the DMV Hearing on Time Because I Wanted to See the Blood, is there anything as an Attorney You Can Do to Get the Hearing Back on for Me?
There are something even I can’t do. It is imperative that the DMV hearing is made prior to the ten days, otherwise your driving privileges will get suspended.
After you are arrested, there are two things that can happen to you. You are either released on our own recognizance(Promise to Appear) if your case is a misdemeanor or you are held in jail until you have your bail hearing where you will have to bail out or stay inside jail during the pendency of the case.
In Orange County, the main way to check for a love one who is in jail is to use the inmate locator. The inmate locator will tell you where your loved one is and it can also locate arrest warrants as well. If your the case is a misdemeanor such as a first time DUI then you can expect your loved one to be released by the next day. However, if the case is a more serious case which will require bail then you will want to get a bondsman involved. It’s important to know which court your case will go into.
There are four courts in the Orange County Superior Court System that a case can go to once a person is arrested for a criminal offense. These four courts each have their own set of local rules and each court has it’s own set of personalities. These personalities include that of judges, prosecutors, and judicial staff are
Harbor Justice Center – People who are arrested in South County end up here. For example: Cases from Aliso Viejo, Laguna Hills, cities bordering San Diego, up to Irvine end up in this court.
North justice Center – This court is located in Fullerton. Cases from La Habra, Brea, and Fullerton end up at this court.
Westminster Court – Cases from as far as Costa Mesa and West as Cypress and Seal Beach and as South as Huntington Beach end up at this courthouse.
Santa Ana – This courthouse handles cases from Orange, Tustin, Santa Ana. It is also the main courthouse in th county and handles a lot of the civil cases and capitol cases.
The type of case you have will dictate the courtroom your case will go into. For example, if you have a first time DUI in South Orange County then your case will most likely go to department H8 in Harbor and you will not be looking at posting bail. However, if you have a 2nd DUI then your case will go to a different court room and the judge in that courtroom will require a bail hearing which will result in either bail or conditions on release. If on the other hand, you have a second time DUI in Orange County within 10 years then things will be different. Judges will seriously consider remanding you (taking you into custody) if you do not post bail on your 2nd DUI.
If you are not facing a probation violation then you can skip this paragraph and go on to the next one. Whether or not you are on probation will dictate the terms of release for your second DUI in Orange County. On a 2nd DUI in Orange County the prosecutor will indicate they want a $25,000 bail on the complaint. However, practically, the judge will not impose that amount of bail on a case. The judge will impose a $10,000 bail if there is no probation violation or aggravating circumstances (Accident resulting in Great Bodily Injury) involved.If a person is on probation or had a previous DUI within 10 years then the amount of bail will be different because there will be a probation violation or 2nd time DUI involved. In addition to the $10,000 bail that is required for a 2nd DUI, the person will most likely have to post an additional $15,000 for the probation violation. This makes the total bail amount come out to $25,000 in all.
There are several things a lawyer can do for your case. A competent lawyer will weave in and out of the courthouse and know the trappings of the courthouse and know the procedures of the local courts and to use that knowledge to your advantage. If your case is a DUI then knowing one who knows the DUI test inside and out would help in attacking and pick apart any holes in the prosecution’s case. It would also help that the attorney is familiar with the police police manuals and police training. You will need a lawyer that is willing to go to trial for you. In addition you will also need an honest lawyer who will tell you that you may want to cut your losses and minimize the damage to your privileges.
Your first court date is called an arraignment. An arraignment date is a very procedural date. It is a date where you will have 4 options to choose from. Each one of these have their advantages and disadvantages.
1)Get an Offer from the judge for our case.
2)Get an offer from the prosecutor for your case
3)nter a plea of not guilty for your case and move your case onto the next stage
4)Ask for more time to get an attorney.
Some people who get arrested are not charged. There can be a number of reasons for this. One of the main reasons is that the prosecuting agencies have fallen behind on their work. When this happens then the person who is arrested will not see their name on the board. This could mean one of three things.
1) The prosecuting agency never got to your paperwork.
2) your case is still under review.
3) Your cse got sent back to the investigating agency for more investigation.
It’s not a matter of fighting your case every time. There are times when a plea bargain or meet in the middle approach is necessary. It may seem hopeless that you were caught red handed, but you have to remember that there are many more cases out there that are caught red handed and the system can not afford to have a trial on every case out there. These kinds of things make going to trial on every case for the prosecutor and the court even harder and gives them an incentive to resolve the case. It’s even more important to leverage these for the purpose of saving a person’s criminal record.
Most of my shoplifting clients come from people who make mistakes in their lives. There’s no criminal record. In fact, most of them are students, gad students, and professionals. They don’t steal because they need it. It happens for other reasons such as compulsion or depression. We make the case to prosecutors in seeing the human side of our clients and not just the numbers. When this happens, we are able to keep their criminal record clean. .
California DUI Prosecutors often ask juries if they can be fair. They follow up with being fair to the defendant and the state’s side. This is slick! This is the furthest thing from being fair. The state has trained officers and unlimited resources. They can throw in multiple police officers and they have expert witnesses at their disposals. The client on the other hand usually has limited funds. Many of my clients can not hire experts. Experts are costly. Often times clients must rely on their attorney’s knowledge of the science to prevail and break down the state’s case in a California DUI. This is the case because the client can’t afford an expert. There are pros and cons to skip hiring an expert for your California DUI trial.Pros: Having a knowledgeable attorney he knows enough to cross an expert is great. He will know the right questions to ask and will often know the science better than the prosecution witness. Plus the advantages of eliciting the testimony you want from the other side witness is much better than having your own expert testify to it. It lends more credibility. Plus you save the money. In Southern California the experts for trial can cost anywhere from 1500-2500 to hire an expert for your California DUI trial.
Con: Having an attorney knowledgeable on the science will not take you all the way. There will be things the expert simply will not concede or will just flat out lie. This happens a lot on elimination rates. I have seen one expert outright lie and say that elimination rates are .30 when it was convenient. Other experts will concede that elimination will be anywhere from .10 to .30. Absorption times are and assumptions on retrograde extrapolation are hotly contested areas. It is during these times that an expert will be helpful to lay things out.
It is generally encouraged to get an expert. However, the job can be done without an expert with some risk for your California DUI.
It is possible to get out of probation. However, there are a number of factors which can affect a person getting off probation early. Some of these may include what the charges were originally for, whether restitution was paid, the judge it is in front of, the court, the attitude of the local district attorney and the length of time the person has been on probation. These are just a few of the factors.