Roadside Stop: Things to Remember When Getting Pulled Over

Posted by Brianna Wilkins on

The roadside stop is the among the most scary things on the road. The flashing lights of a police car in the rear view mirror fill most motorists with dread. Although nobody likes the roadside stop, it’s essential to show a police officer that you’re cooperating. If an officer is at ease, they will be less suspicious of you and your activities prior to the traffic stop.

What to do During a Roadside Stop

#1) Stay Calm

If you’ve ever been part of a roadside stop, you know it’s natural to feel nervous.  If you’ve been drinking, this feeling of panic is intensified due to the possibility of being arrested for a DUI. The main thing to remember when being pulled over is to remain calm. As the officer approaches your car, take a few deep breaths and remember to keep your hands on the wheel until the officer asks for your paperwork.

#2) Keep Quiet

When talking to the officer, don’t admit any guilt. It’s acceptable to give “yes” and “no” answers, but any explanation beyond that is usually not necessary. Anything you say can show up later in court. Wait until formal questioning to offer explanations, and remember whatever you say and do from here on out could make the difference between a conviction and an acquittal. Also, just a note, never bribe the officer. Not only is a bribe unethical, but it is definitely a crime.

#3) Decline Field Sobriety Tests

If you have a traffic stop for suspicion of a DUI, the officer will likely want to conduct field sobriety tests on you. You are not required to submit to field sobriety tests. You may tell the officer you do not wish to participate, especially if you know you’re over the legal limit and will be arrested for DUI. The officer may ask for a reason, but you don’t have to give one. Though you may refuse field sobriety tests, your refusal can go against you in court if the traffic stop results in an arrest.

#4) Decline Field Breathalyzer Tests

If you refuse to submit to field sobriety tests, the officer may ask you to take a breath test. The breath test administered on the side of the road is a preliminary alcohol screening, and the law does not you to do it. You may refuse the Breathalyzer without losing your license. It’s important to remember that roadside breath tests are notoriously inaccurate, so request a blood test at the police station instead.

#5) Sobriety Test at Police Station is Mandatory

If the events of the traffic stop resulted in you ending up at the police station for a DUI, a sobriety test is mandatory. This sobriety test happens in the form of a breath or blood test, and failure to comply with these mandatory tests is a crime. Under the law, it is your decision to obtain a driver’s license and operate a motor vehicle; therefore, by legal implication, you gave “implied consent” for a test under such circumstances.

#6) Be Polite

Though you may exercise your Constitutional rights against self-incrimination, this doesn’t you can be rude. There is absolutely no excuse for being obnoxious or argumentative with the officer, and it can only harm your case later on. Treat the officer with the respect they deserve; it could be the difference between a DUI arrest and a simple warning.

Hire an Attorney

The Kavinoky Law Firm employs the best DUI lawyers in Los Angeles. Call for a free consultation anytime with a top criminal defense attorney in California. Call 24/7 – 365 days a year. We’re here to fight for you.

 

Holidays are the Most Dangerous Time of the Year

Posted by Brianna Wilkins on

The Holidays are not normally the natural thought for the “most dangerous time of the year.”

The holiday season supposedly brings tidings of joy and good cheer. But, according to crime trends and annual police reports, the holidays also bring an increase in domestic violence, alcohol crimes, and gun offenses. If you’ve been accused of a crime during the holiday season, you don’t have to rely on Santa to bring you a good criminal defense lawyer- the lawyers at the Kavinoky Law Firm have you covered.

While it’s unknown exactly why crime increases during the holiday season, it’s safe to assume the stress of the holidays help expedite the transformation of rage into violence and that the festivities of the season encourage alcohol consumption, often irresponsibly.

Domestic Violence

Though domestic violence tends to increase during the holidays, the National Domestic Violence Hotline states that calls to the hotline actually drop dramatically on major holidays. The reason? Many women will choose to deal with the violence temporarily so their children don’t have to spend the holidays in a shelter. While drugs and alcohol may play into the upsurge of domestic violence during the holidays, simply being “forced” to spend more time together seems to be strongest spark.

Guns

Though ‘celebratory gunfire’ is a custom for some during the holidays, this act is dangerous. It is also illegal, and considered a prosecutable firearms offense charge . The City and County of Los Angeles do not tolerate the practice and are now using “Shotspotter” to find the culprits. Shotspotter delivers the world’s “most powerful, most scalable and most trust gunshot detection solutions…all over the world.” According to the police, those caught face prosecution to the fullest extent of the law.

DUI’s During the Holidays

The amount of DUI-related deaths and accidents increase between Thanksgiving and the end of New Year’s weekend. In fact, this part of the holidays is referred to as “DUI Season.”

In an effort to combat drunk-driving-related deaths and injuries during the holidays, law enforcement amps it up. Agencies nationwide increase their patrols and execute DUI checkpoints. Companies like AAA encourage drivers to utilize Tipsy Tow. This is a great service which offers free rides and a vehicle tow up to seven miles to drivers. If you are intoxicated or under the influence on New Year’s Eve and the Fourth of July, call Tipsy Tow. You can ask for a ride and a tow by calling 1-800-400-4222.

If you are facing a driving under the influence charge, you need a lawyer. Perhaps you acted a bit trigger happy on New Year’s Eve and have a weapons charge, you need a lawyer.  Also, if you’re looking an a domestic violence charge, you need a lawyer. For all of these things, a criminal defense lawyer is the very best person for your case. Your attorney will help you every step of the way.

Find a DUI Lawyer Near Me

 

Felony DUI

Posted by Brianna Wilkins on

Felony DUI arrests and convictions place the accused in a great deal of trouble. Not only does this impact the accused criminally, but socially and professionally as well

California DUI / DWI Arrests

felony dui

California DUI / DWI arrests are charged in one of two ways – as misdemeanors or felonies. How a California drunk driving arrest is charged depends on the facts of the case, including whether there was an accident, injuries, or death or whether the driver is alleged to have left the scene of a crash. The number of prior convictions for drinking and driving may also be a factor.

Regardless of the circumstances, a California felony DUI charge is a serious allegation that carries harsh repercussions. The accused driver needs an expert defense attorney at his or her side. The knowledgeable DUI / DWI defense lawyers of The Kavinoky Law Firm know every aspect of California felony drunk driving defenses. These tenured criminal defense attorneys will fight hard to safeguard the accused driver’s rights.

Generally, misdemeanor and felony charges are distinguished by the consequences that can be meted out – misdemeanors are punishable by up to a year in jail, while felonies can bring a year or more in state prison.

Felony DUI Charges

First- , second-, and third-time drunk driving charges are generally misdemeanor charges in California. However, aggravating circumstances can cause the prosecutor to file a felony drunk driving charge. These charges include a hit-and-run allegation or other outside convictions. California drivers with three or more prior DUI / DWI convictions in the past 10 years will also be charged with a felony for a subsequent offense.

California drunk driving incidents that result in death are by far the most serious allegations, and will always result in felony charges. Depending on the circumstances, a DUI / DWI driver accused of causing the death of someone else will face felony manslaughter, vehicular homicide, or second-degree murder charges.

Under California law, manslaughter is the killing of another person without intent. However, manslaughter lso dictates the accused acted with the knowledge that one’s actions are likely to cause death. This charge is pursued in felony DUI / DWI cases under the theory that a person who drinks and drives knows that the behavior is dangerous and that it could lead death. This is also defined as criminal negligence.

Additional Factors

Intent is not the issue in a manslaughter prosecution. In almost every case, a person driving under the influence of alcohol does not intend to kill. However, the prosecutor will argue that the driver knew that his or her actions could lead to death. If the driver has prior DUI / DWI convictions, the prosecutor can argue that the driver really did know how dangerous his or her actions were.

Vehicular homicide is a wobbler, meaning the crime vacillates between a misdemeanor or a felony. In most cases it is a felony charge. However, a vehicular homicide charge sticks if the prosecutor establishes that the driver acted with ordinary negligence.

Second-degree murder is a rare charge in a California driving-while-intoxicated case. In second-degree murder cases, the prosecutor works to prove the driver acted with implied malice. If not implied malice, then a conscious disregard for human life. It is important to note that this is not easy to prove.

Hire Great Defense

In some California felony DUI / DWI cases, it may be in the driver’s best interests to accept a carefully-negotiated plea bargain. However, a plea agreement must be a bargain for both the defense and the prosecution – the driver receives lesser charges and/or punishment in exchange for pleading guilty.

The allegations themselves carry extremely serious repercussions in a California felony DUI / DWI case. However, there are many valid defenses to felony drunk driving charges. An experienced DUI / DWI defense lawyer can outline the driver’s options during a free consultation.

About Darren Kavinoky and The Kavinoky Law Firm.

Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California. Additionally, he is the legal analyst and special correspondent the television programs The Insider. He is a guest on shows including Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or www.DarrenKavinoky.com.

Types of DUI Offenses

Posted by Brianna Wilkins on

DUI Offenses vary in their actions, convictions, and penalties. Depending on the exact offense you’re facing, previous DUI offenses, and location, the penalties differ.

DUI Offenses in California

dui offenses

In California, a DUI conviction carries stiff penalties, fines, and punishments.

In most cases, criminal charges consist of two offenses:

  1. Driving under the influence, and/or
  2. Driving with .08% blood alcohol concentration or higher.

However, while it’s possible to be convicted of both offenses, there is only one sentence for both convictions.

Current DUI Law

Under current California DUI law, each offense determines a different penalty.

A first offense DUI carries any and all of the following penalties

  • Serve a jail term of a minimum of two days and a maximum of six months
  • Installation of an ignition interlock device (IID) if the conviction is in Alameda, San Francisco, Los Angeles, or Tulare County
  • License suspension
  • Payment of various fines and fees
  • Placement on informal probation for three years.

According to the Los Angeles Times, the past few years reflect an increase in fines and penalties. For a first-time DUI in the state of California, penalties and fines are up 29% from those in 2011.

Prior Convictions

With all this in mind, it is important to note these are not the only factors. In fact, prior drunk driving convictions have a dramatic impact on new punishment for DUI offenses.

Those convicted within ten years of a second or third DUI may face:

  • Mandatory drug and alcohol programs that can last up to 30-months, and/or
  • License suspension for one or more years.

If enhancements occur during the case, California DUI law requires increased penalties. Enhancements are additional factors that negatively contribute to the DUI offense. These include:

  1. Driving under the influence with a child under 14 in the car,
  2. Excessive speeding at the time of arrest,
  3. Chemical test refusal, and/or
  4. Prior convictions within ten years of the current date of arrest.

In regard to priors, one or two prior convictions carries an increased jail sentence and longer license suspensions. Furthermore, three or more priors automatically change the offense to a felony. Additionally, if another person experiences injury or dies, the penalty increases. If these occur as a result of your DUI violation, the offense can be charged as a felony DUI.

DUI Punishments

The punishments for DUI offenses vary depending on the facts of the case. However, a DUI charge always generates two different cases in the state of California. One case is with the DMV. The power to suspend or revoke a driver’s license in DUI cases comes from the DMV. Then, the second case is with the criminal court. Criminal court cases either go through dismissal, plea bargain, or with an actual trial.

Whether you’ve been charged with a misdemeanor or felony DUI, the penalties for drunk-driving are serious. In fact, they affect an individual’s financial and personal life for years to come.

So, if you’ve been arrested for driving under the influence, finding the right California DUI lawyer who specializes in criminal defense can help you zealously fight your case in court. The Kavinoky Law Firm employs the best DUI lawyers in Los Angeles.

Regardless, we know nobody looks good in handcuffs. #unlessyoureintothatsortofthing

Weapons Offenses

Posted by Brianna Wilkins on

Weapons offenses in California are complicated. As circumstances change, so do penalties.

 

Weapons Charges

Though the right to keep and bear arms is legal per the United States Constitution,weapons offenses there are regulations. These regulations govern when and how one might use those firearms. California laws covering weapons is complex and can be confusing. Oftentimes, it needs the evaluation of an attorney who specializes in criminal law.

A weapons charge in the state of California is a very serious offense. For those found guilty, it carries severe fines and penalties. Now, most weapons charges are felonies. However, in some cases, possession of a weapon is only a misdemeanor.  What’s more, if you possess a firearm illegally, you face a mandatory jail sentence upon conviction. The minimum penalties increase following multiple convictions.

Common Penalties for Weapons Offenses

The most common gun charge in the state of California is unlawful possession of a firearm (example having a gun without a permit.)  Hence, this is a only misdemeanor charge. However, it can still carry a fine of up to $1,000 and/or up to one year in jail.

Other weapons offenses in the state of California include, but are not limited to:

  • Assault with a deadly weapon
  • Selling a firearm
  • Possession of an assault weapon
  • Brandishing a deadly weapon and/or firearm, and
  • Using a gun while committing a crime (robbery, assault, drug offenses)

Most people assume weapons refer strictly to guns, but this is not the case. A deadly weapon is defined very broadly and includes knives, daggers, brass knuckles, or even a motor vehicle if it is used with malicious intent.

Weapons charges in the state of California tend to result in harsh punishments. As a matter of fact, they often include the prospect of jail time, expensive fines, and a permanent criminal record. Consequently, that makes it difficult to obtain housing and employment down the road

Felony weapons charges often result in jail time. Factors which impact the results of a trail include:

  1. The type of offense,
  2. The defendant’s criminal record, and
  3. Circumstances surrounding the arrest. These may include drug use and intent with the weapon.

If you or someone you know is facing weapons charges, your attorney works for the best outcome. This law firm focuses on working with our clients toward the best result. These results include:

  • Making all necessary court motions
  • Interviewing witnesses connected to your case
  • Preparing your case for trial, and
  • Seeking alternative sentencing

Hire an Attorney

The Kavinoky Law firm hires the best criminal defense attorneys in California. In fact, our excellent and experienced attorneys work hard to fight for their clients’ rights. Furthermore, if you find yourself on the wrong side of the law, call 1.800.No.Cuffs for a free consultation. 

Find a DUI Lawyer Near Me

Introduction to Post Conviction Relief in California

Posted by Brianna Wilkins on

Post-conviction relief is possible with the help of an experienced criminal defense attorney.

Need for Post-Conviction Relief

post-conviction reliefLife following a conviction is not always fun. As the world gets smaller and technology makes our private life more public, our lives are more connected. Which means, past criminal conviction can become a future obstacle.

While past convictions cannot disappear, the law provides important ways help. In fact, the law places limits on the impact of a prior arrest and/or conviction on one’s future. It is possible to gain relief from a prior conviction. Actually, sometimes the prior conviction falls apart  This area of law is commonly referred to as post-conviction relief, or post-judgment relief.

Ultimately post conviction relief is a way to clear a criminal record by dismissing the case, limiting public access to the records regarding the arrest and conviction, or alleviating certain consequences associated with the conviction. A good criminal defense attorney can quickly assess the best option in each individual case.

Cleaning up Your Record

Post-conviction relief is of critical importance to anyone convicted of a criminal offense. If a person wants to clean up his or her criminal record. A criminal record is like a credit report and can often be accessed by others. Anyone with a criminal offense in their past knows that the punishments of the conviction go beyond fines, probation and jail time. A prior conviction can have a negative impact on employment opportunities, educational goals, and self-confidence. It’s probably one of the most frustrating aspects of life following conviction.

There are several common forms of post-conviction, or post-judgment, relief available including: expungement, sealing and destruction of records, reduction of felony to misdemeanor, and certificates of rehabilitation and/or pardon.

Expungement is the most common option for people who have prior misdemeanor and certain felony convictions on their criminal record. This process is essentially a dismissal of the conviction after the probationary period ends and is a requirement for many employers and professional licensing boards.

In certain circumstances, arrest records, and even prior conviction records, are not accessible. You can seal them and ultimately destroy them legally. If records are sealed then the arrest is deemed to have never occurred and public access is limited. Approval for sealing is not a guarantee. They are much more common in cases in which a juvenile offender faced charges or when an offender faced arrest but not conviction.

Reductions in Sentencing

Even after a conviction, some felonies receive criminal reductions to misdemeanors. In fact, reduction to a misdemeanor typically goes hand-in-hand with expungement.

Reducing a felony to a misdemeanor helps clean up a criminal record. More serious felonies generally require a gubernatorial pardon. Furthermore, these pardons go directly to the governor or following a Certificate of Rehabilitation. Certificates of Rehabilitation come from a judge. Once approved, the certificate goes to governor as an application for pardon. In turn, if granted, a pardon restores most all rights prior to conviction. This includes restoration of gun possession rights and relief from sex offender registration.

Because of the vast nature of forgiveness for conviction, it is not easy to receive expungement. In fact, most forms of post conviction relief, including expungement, sealing and destroying records or vacating convictions, require a judge’s approval. Other types of relief are simple. Some even occur automatically. For example, destruction of minor misdemeanor marijuana records. A direct pardon however, requires an application to the governor.

Hire an Attorney

Almost everyone with a criminal conviction can benefit from post conviction relief. Due to the complexities of post-conviction relief, it’s best to use an attorney. An attorney at The Kavinoky Law Firm can help to determine which form of post conviction relief is best. We hire only the best attorneys in Los Angeles. Contact a skilled defense lawyer today for a free consultation.

After Arrest: What to Do Following Police DUI Arrest

Posted by Brianna Wilkins on

Arrest for DUI can be a scary thing: don’t panic. There are things you can do to work to ensure your fair treatment. First things first, hire an experienced criminal defense attorney.  A great attorney will work to get you the best outcome possible from your case.

What to Do First After DUI Arrest

There is an lot of circumstances that lead to an arrest for a California DUI / DWI or drunk driving. For example, maybe you and your date shared a bottle of wiafter arrestne at dinner. Sadly, in your excitement to get home, a police officer pulled you over for speeding. If the officer detected the smell of alcohol on your breath, now you’re in trouble. Or, let’s take another situation, maybe you had one too many at a friend’s wedding. A police officer pulls you over when you fail to come to a complete stop somewhere. The point is that a drunk-driving arrest happens to almost anyone at any time. When it does happen, a call for a California DUI attorney is a must.

While you may have feelings of distress or anger following your arrest, do not bury your head. Waste no time in hiring qualified California criminal defense lawyers or a DWI criminal defense lawyer. Wasting time will likely result in a suspension of your driver’s license by the Department of Motor Vehicles. If you or someone you know is facing a charge of driving under the influence, you need legal assistance. You may need to locate someone who remains in custody, and you will need to locate a bail bondsman. Consequently, a lawyer that specializes in California DUI laws can help you navigate the confusing California system.

Custody and Bail

It is not always simple locating a friend or loved one who is in custody. Without the right information, it can feel downright impossible. When attempting to locate someone it is helpful to have the individual’s full name, birth date, and booking number from the arrest.

Most often, one is released on their own recognizance (OR) following an arrest for a DUI / DWI in California. This means that a person is free to go but must return to court for their arraignment. There is a great deal of trust here, as there is no bail paid. However, this does not mean that they are not in need of California criminal defense lawyers.

With this said, there are circumstances in which a person is held in custody until they pay bail. In such cases, locating a dependable bail bondsman is crucial. The bondsman can help secure the rapid release of the suspect. Additionally, the bond helps speed up the beginning to his or her defense. Typically a bail bondsman requires a down payment equal to ten percent of the total amount of bail.

DMV Case and California Criminal Case

A DUI / DWI charge in California actually results in two separate cases. You will face a California Department of Motor Vehicles case and a California criminal case. Each case needs to happen as soon as possible in order to avoid unnecessary negative repercussions.

In California DMV cases a person accused of drunk driving has ten (10) days from the date of arrest to request a DMV hearing. If this doesn’t happen, the DMV automatically begins a process of suspending the person’s license to drive.

In the criminal case involving driving under the influence, the first step is the arraignment. At the arraignment, you enter a plea of Guilty, Not Guilty, or No Contest. Remember, you don’t have to enter a guilty plea. An experienced California DUI attorney can fight your case and win. However, they must know the California DUI laws in every detail.

Hire Great Counsel

Oftentimes, it takes costly resources to fight a CA DUI / DWI case, and the issues are complex. It is possible to win a case with the right legal counsel with a great strategy. Success can happen in both the DMV hearing and the criminal drunk driving case.

The Kavinoky Law Firm employs the best DUI lawyers in Los Angeles. Call for a free consultation anytime with a top criminal defense attorney in California. Call 24/7 – 365 days a year. We’re here to fight for you.

Cocaine

Posted by Brianna Wilkins on

cocaine lawyersCocaine is a Schedule II drug under California Health & Safety code 11055 (b) (6)), and it’s illegal to use, possess, sell, possess for sale, and manufacture. Violation of California’s cocaine laws can result in felony charges that carry significant prison time. Consequently, if you’re facing a California cocaine charge, you should have an experienced defense lawyer fighting for your freedom. Additionally, a skilled California drug lawyer from The Kavinoky Law Firm will do everything possible to protect you from the serious consequences of a cocaine charge.

Cocaine Penalties

What is especially relevant here is that sentencing changes based off of the crime. California’s determinate sentencing laws spell out a lower term, a middle term, and an upper term for felony offenses spelled out in months or years.

In fact, the punishment handed down after a cocaine conviction will be determined by the facts of your case and by aggravating and mitigating factors. These factors are circumstances that prompt the judge to treat you more harshly leniently. Mitigating factors are almost always very helpful in a case. You’re probably going to talk to your attorney about these following your arrest.

The following charges can be brought in a California cocaine case:

Section Number
Charge
Sentence
11350
Cocaine possession
16-2-3
11351
Possession for sale
2-3-4
11352
Sale (transport, import, furnish, administer, give away, etc.)
3-4-5
11379.6
Manufacture (process, prepare, etc.)
3-5-7 plus $50,000
11355
Agrees to sell, then sells another substance in lieu of
Misdemeanor or 16-2-3
11366.8a
Possess or use false compartment in vehicle to store or transport
Misdemeanor or 16-2-3
11366.8b
Design or construct false compartment in vehicle to store or transport
16-2-3
11401
Analog of cocaine (controlled substance) (i.e. substantially similar chemical structure or effect)
PC 182a1
Conspiracy to do any or all of the above (same as substantive charge)
11532
Loitering in a public place
Misdemeanor
with the intent to commit a drug offense

Sentencing Enhancements

In addition to the charges in a California cocaine case, there are also numerous sentencing enhancements that can be filed that, if proven, can substantially increase your punishment. Another penalty can add include  more time for weight enhancements, prior convictions, firearms, locations, and minors.

Therefore, if you’re facing a California drug charge, you could see substantial prison time. Additionally, there are other significant repercussions to this conviction. However, it’s entirely possible to aggressively fight your charge. Hence, you need a lawyer – and you need one quickly. Luckily, a skilled California criminal defense attorney from The Kavinoky Law Firm is ready to review your case and help you plan your next move. Please contact us today at 1.800.NO.CUFFS for a free consultation.

Find a DUI Lawyer Near Me

About Darren Kavinoky and The Kavinoky Law Firm.

Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California. Additionally, he is the legal analyst and special correspondent for the syndicated television program The Insider, and is a sought-after guest on shows that include Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or www.DarrenKavinoky.com.

Bail Bonds – Release on Recognizance

Posted by Brianna Wilkins on

Bail bonds can feel like an overwhelming and complicated part of the arrest process.

Whether you or a loved one is facing conviction for DUI (drunk driving) or murder, a misdemeanor or a felony, you want out of jail. Therefore, one of the first priorities is to get the accused released from custody.

Bail, Bail Bonds, and O.R.

Release may be by way of a simple promise to appear, also known as being released O.R., or on one’s own recognizance. However, for more serious misdemeanors or felonies, or where the accused has a prior record, posting bail may be required to secure release.

Most counties have a “bail schedule”, which is simply a list of various Penal Code, Vehicle Code, and Health and Safety Code violations, and a corresponding bail amount. These are the “presumptive” bail bonds amounts, but the actual amount of bail can be deviated either higher or lower, depending upon the facts of the case and the background of the accused.

The purpose of setting bail is two-fold: it is to ensure the presence of the accused at future court proceedings, and it is also to safeguard the community. There are many factors to consider:

  1. The bail schedule,
  2. Seriousness of the offense,
  3. Previous criminal record of the defendant, and/or
  4. Whether the defendant has ties to the community, owns property, or has a job, and many others.

Types of Bail

Bail is a complex issue, and there are many special rules that apply to certain types of cases. For example, in a DUI (drunk driving) case, an person cannot go home until a sufficient period of time. The person must allow their blood alcohol concentration to drop below certain levels. In domestic violence cases, even misdemeanors, O.R. release is not allowed by the arresting agency. In cases involving drugs, or criminal enterprises, a source of bail hearing must occur. This is a hearing where the defendant must show that the money used to secure his or her release is not the fruit of criminal activities.

Once you know bail prices, it amount shows up in one of several ways:

  1. Cash bail,
  2. Government bonds,
  3. Real Property, or
  4. Bail Bonds. This last option is the most popular of all four.

Bail Bondsmen

A good bail bondsman provides an invaluable service. In exchange for the bondsman’s fee (which is usually 10% of the amount of the bond, with or without collateral), a good bondsman will forego sleep in favor of going to a police station or county jail, filling out necessary paperwork, and even driving the accused home and ensuring that they have a hot meal on the way.

We work with some of the best, most dedicated bail bondsmen in the business. Like our offices, these bondsmen dedicate themselves to providing the best possible service. They give their clients excellent value for their investment. If someone you care about needs to bail out of jail, you can call on them for immediate help.

Hire an Attorney

If you should find yourself arrested for DUI, talk to a criminal defense lawyer at The Kavinoky Law Firm right away. 1.800.NO.CUFFS is the number to call – we don’t sleep – so you can. Don’t wait to get a free consultation from one of the best criminal defense attorneys in the state of California.

Find a DUI Lawyer Near Me

 

Hit-and-Run–Property Damage

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It’s a crime in California to leave the scene after being involved in or causing an accident. Any driver who does so can be charged with misdemeanor or felony hit-and-run. The severity of the charges depends on whether the accident involved property damage, bodily injury, or death. Regardless of the charges, it’s imperative to have an expert defense attorney protecting the driver’s rights. The skilled defense lawyers of The Kavinoky Law Firm are experienced in every aspect of defending California hit-and-run cases, and will work hard to minimize or even eliminate the consequences for a driver charged with leaving the scene of an accident.

Leaving the scene of an accident that involves only property damage is a less serious offense in California than hit-and-run involving bodily injury or death, but the driver still faces serious repercussions. A driver convicted of hit-and-run with property damage – even if the driver didn’t cause the accident – faces punishment up to a $1,000 fine and six months in jail. In some cases, the driver also must forfeit the vehicle.

If the driver is alleged to have been under the influence of alcohol or drugs at the time of the hit-and-run crash, there may be a DUI / DWI charge in addition to any allegations of leaving the scene of an accident. A motorist convicted of drunk driving and hit-and-run faces extreme consequences that can include prison time. These are extremely serious charges that require an expert defense attorney.

Fortunately, a driver who is accused of leaving the scene of an accident in California has many options available that may help to soften or even eliminate the consequences of a hit-and-run charge. The first option is to aggressively fight the charges. There are many viable defenses to a California hit-and-run charge. Remember, the prosecutor has the burden of proving the driver’s guilt beyond a reasonable doubt. The defense could offer no evidence at all of the driver’s innocence, and if the prosecutor hasn’t proven the case beyond a reasonable doubt, the driver cannot be convicted.

In some cases, it may be possible to reach what is known as a civil compromise, in which the accused driver agrees to pay for all property damage and medical expenses, if any. If the other party agrees to a civil compromise and the accused driver reimburses all expenses, no criminal charges will be filed in connection with the alleged hit-and-run accident.

Certain cases require creative resolutions on the part of both the defense and the prosecution. The driver may be eligible for alternative sentencing such as community service or other options that can reduce or even eliminate a potential jail sentence. Other options may include CalTrans work or electronic monitoring. Although some sentencing alternatives may seem less than desirable, anything that helps the accused hit-and-run driver avoid time in jail is well worth considering.

Another option in a California hit-and-run case is a plea bargain. With the help of an experienced defense lawyer, the driver may be able to plead guilty to a lesser charge with reduced repercussions. However, a plea bargain should be just what the name implies – a good deal for both the driver and the prosecutor. The prosecution is more likely to offer a favorable plea bargain when it’s case isn’t particularly strong.

Regardless of the circumstances surrounding a California hit-and-run arrest, the experienced defense lawyers of The Kavinoky Law Firm will be able to reduce or even eliminate the consequences. Contact a skilled defense attorney today for a free consultation.