Tag: criminal defense attorney

Direct Application for Pardon

Posted by Brianna Wilkins on March 5, 2014

Direct Application for Pardon in the State of California can be tricky. Let us clear it up for you!

Criminal Record and an Application for Pardon

Clearing up a California criminal record can have an enormously positive effect on one’s life. Such opportunities include employment, housing, education, and overall peace of mind. There are many ways to go about obtaining post-conviction relief. These include expungement, Certificates of Rehabilitation, and a direct application for pardon.

A direct application for pardon is not the same as a California Certificate of Rehabilitation. As a matter of fact, the application goes directly to the governor. Rather than traipsing through trial court, the individual has a direct path to seek renewal.

A direct application for pardon is often a viable alternative for individuals who are ineligible for Certificates of Rehabilitation. These such people include non-residents. The experienced post-conviction relief lawyers of The Kavinoky Law Firm thoroughly evaluate each case. Through this we determine the best way to clear a criminal record. Whatever you do, it is possible to make a fresh start.

Applicable Offenses

Direct applications for pardon generally come from those with California felony convictions. These individuals are likely living out-of-state, or individuals convicted of certain sex crimes. Such applicable crimes include California Penal Code sections 286(c), 288, 288a(c), 288.5, and 289(j). Those with these crimes on record are ineligible for expungement or other forms of post-conviction relief. Individuals with misdemeanor offenses such as drunk driving should consider another option, such as expungement.

Moreover, an application for pardon is made directly to the governor’s office and must include the following information:

The name of the applicant, including any aliases;
Explain need for a pardon;
Date of conviction;
County and case number of conviction;
Prison number;
Name of parole agent;
Current address and telephone number,
Dates and circumstances of all felony offenses;
Dates the individual entered prison and was released; and finally,
A brief statement of employment and activities since release from custody.

This last aspect of the pardon application is perhaps the most important. The governor doesn’t grant every pardon application. Therefore, the individual must show that he or she leads an exemplary life post-conviction.

Generally speaking, if all goes well, then the process runs smoothly after the first few steps. By the same token, if the governor’s legal staff recommends consideration of the application, the individual will receive an Application for Executive Clemency and Notice of Intention to Apply for Executive Clemency. Once the formal application is filed, it is reviewed by the Board of Prison Terms on the governor’s behalf.

File the Application with Support

A California direct application for pardon is a complex process. Not to mention, the procedures must be followed exactly to increase the chances of success. The skilled attorneys of The Kavinoky Law Firm are some of the best criminal defense attorneys in Los Angeles. If you want to seek release from a criminal conviction, you need a crime attorney who knows every aspect of post-conviction relief.

Call 1.800NoCuffs for a free consultation.

Drug Cases

Posted by Brianna Wilkins on March 4, 2014

Drug cases in California are numerous and complicated. Each case requires individual attention from a criminal defense attorney. If you are facing an drug-related arrest in California you’re certainly not alone.

The War on Drugs

As can be seen by the high incarceration rate in this country, the War on Drugs is ineffective. All in all, increasingly more Americans fall into our nation’s war and find themselves lost. Local, state, and federal governments continue to pour billions of dollars into this war year after year. Sadly, in essence, this is all at the expense of individuals like you.

Fortunately, it’s possible to mount an aggressive defense to a California drug charge. In fact, the help of a Los Angeles defense lawyer is especially helpful. An knowledgeable California drug crime attorney from The Kavinoky Law Firm will thoroughly analyze your case. He or she will help determine the most effective strategy to challenge the case against you.

Drug Cases and Their Charges

Whether your California drug charge is possession or sales, it’s possible to mount a strong defense with the help of the right defense lawyer. Any charge involving methamphetamine, powder cocaine, crack or base cocaine, heroin, marijuana, or PCP, is still defensible. An great California drug defense lawyer has the skills and knowledge to aggressively fight any felony drug charges.

California defense attorney Darren Kavinoky and the attorneys of The Kavinoky Law Firm are well-aware of every aspect of fighting drug charges. Together with you, they will thoroughly review the evidence in your drug case and develop a cutting-edge strategy to fight the charges.

A California drug conviction carries extremely harsh punishment that often includes fines, asset forfeiture, registration as a narcotics offender and jail or prison time, so it’s essential that you act decisively by assembling a strong defense team.

Some California drug cases should go to trial. Whereas others may find favorable resolution with a skillfully negotiated plea bargain. In fact, plea bargains often result in alternative sentencing. Some forms of alternative sentencing include deferred entry of judgment (DEJ), Proposition 36, and drug court. These alternatives can be life-savers. Typically, alternative sentencing keeps the defendant out of incarceration.

Fight Your Case Alongside Your Attorney

A California drug charge can negatively impact every part of your life. Fortunately, you can aggressively fight your case with the help of a skilled attorney.

To learn more about strong defenses to felony drug charges, please contact The Kavinoky Law Firm today. Call 1.800.NO.CUFFS for a free consultation. Serving all of Los Angeles County, Orange County, San Luis Obispo and Ventura Counties and Riverside and San Diego Counties

Criminal History, Future Employment, and California Law

Posted by Brianna Wilkins on February 3, 2014

Criminal history is not always a road block standing in the way of success. While it can be a challenge, it is possible to live a successful professional life after a conviction.

Today’s job applicants don’t always need to inform potential employees of their criminal history. However, there are situations in which disclosure occurs. When this happens, having a mark on your criminal record can negatively affect your job search. Even if you’ve completed your sentences and paid your debts to society, having a criminal record can complicate matters when searching for a job, especially if that job requires state certification or a background check.

Accessibility of Criminal Records

If you’ve been detained, arrested, or convicted anywhere in the state of California, the incident is recorded on your criminal record by the California Department of Justice. The reality of modern convenience is that employers can find out a lot about a person simply by performing a simple search on the internet. Data searches may reveal arrests, but not necessarily the outcome.

Criminal records don’t just include convictions: they include arrests that did not lead to conviction, and any other run-ins you may have had with the law. Criminal records span an entire life- including anything that occurred before you turned 18. If you’ve been arrested or convicted for a crime in another state, your criminal history will not be included in your California criminal record – each state maintains their own criminal records and the only criminal record that includes offenses from all states is the FBI’s.

Criminal History Disclosure

Whether or not you should disclose your criminal history to a potential employer is a complicated question. Though you are not legally required to do so by law, sometimes honesty is a good policy. It may not come up in job application, but it may be wise to disclose.

The law does provide protections when it comes to certain types of arrests or convictions. According to the California Code of Regulations, private employers face restrictions of questions. For example, they may not ask job applicants about arrests that:

Did not lead to convictions,
Expunged convictions,
Juvenile sustained petitions,
Juvenile arrests that have been sealed, and
Arrests with successfully completed drug diversion.

A criminal defense attorney can help you go over your criminal history. He or she will help you decide what to disclose and what can remain private.

Expungement

Even if you have an expunged criminal history, the conviction is “dismissed in the interest of justice.”

An expungement means you no longer face penalties and liabilities associated with the conviction. However, with certain crimes, you may be liable for additional penalties (ex: sex registration requirements).

Many people in the state of California apply for the expungement of criminal records. They do so in an effort to keep a conviction from ruining their careers. In many cases, this is a great idea. However, there are certain circumstances where people must disclose expunged convictions. If you are unsure whether you need to disclose a conviction, consult with a criminal defense attorney for advisement.

Unfortunately, even an expungement has limitations. According to the California Penal Code, even a person with an expungement must disclose a conviction if:

They’re applying for public office, or
Applying for licensure by any state or local agency, or
Contracting with the California State Lottery.

Any individual applying for any of these must disclose their criminal history, with or without an expungement.

Juvenile and Drug Records

As long as juvenile arrests and convictions show as sealed, they are consequently inaccessible to most employers. It’s important to note that juvenile records are not automatically sealed on your 18^th birthday; you must apply to have those records sealed.

Finally, you do not need to disclose all convictions. For example, a charge of nonviolent “personal use” drug crime may not need disclosure in the state of California. A successfully completed a drug diversion program allows you to decline disclosure to most potential employers.

Maximize Your Chances of Getting a Job

Though a criminal history can negatively impact employment, it is possible. Maximize your chances by doing a few things to help yourself:

Be truthful on your job application:
1. Be sure to provide clear explanations of the crime, if they’re favorable to you.
2. Explain your rehabilitation efforts and express remorse or guilt for the crime, and/or
3. Provide excellent personal or professional references from individuals with a clean criminal record.

With all this in mind, make sure to hire an experienced criminal defense attorney. The California Defense attorneys at The Kavinoky Law Firm are here to help. Call 1.800.No.Cuffs 24/7, 365 days a year.

Additionally, depending on your circumstances, you may wish to consider an expungement of your criminal record.

Domestic Violence and Divorce in California

Posted by Brianna Wilkins on February 3, 2014

Domestic violence accusations are common during a divorce. Some are accurate, some are less than accurate.

22% of divorces today end due to a claim of violence in the relationship. Additionally, 3 million women a year are victims of partner abuse. With this consideration, however, some partners make exaggerated or misleading claims of violence. Unfortunately, some see these claims as a way to gain advantage in divorce and/or custody proceedings. Many partners lose access to their children as a result of false domestic violence charges. However, with an expert criminal defense attorney on your side, so shall the truth be with your case.

Domestic violence accusations can majorly impact divorce proceedings. Regardless if it is an allegation, arrest or conviction, accusations are impactful. This is true particularly when it comes to child custody issues. This is a serious danger for all partners processing divorce. However, it is especially harmful for those in the military. A conviction of domestic violence during a divorce will affect child custody and the outcome of a divorce. Unfortunately, it can also cost military personnel their jobs.

While domestic violence is a real issue in many divorce cases, sometimes the accusations are false.

Divorcing couples are often involved in messy disputes. Some cases lead to an angry spouse claiming abuse out of frustration. If you believe you’ve been falsely accused of spousal abuse, do not wait. It’s crucial to seek the help of a qualified legal counsel who will work to protect your rights.

Protective Orders

Also referred to as restraining orders, protective orders are popular grants during a divorce. If granted, a partner may not be able to see his/her children. The accused is likely not able to enter his/her own home or visit his/her children. In some cases, those with restraining orders against them may also find themselves with additional responsibilities. He or she may need to attend counseling or anger management classes.

A parent with a restraining order against him or her will likely have a difficult time fighting for custody and visitation rights to his children. In some cases, restraining orders may last for several years after the divorce. If a partner violates an active protection or restraining order, he can go to jail.

Criminal Charges

An arrest for domestic violence in the state of California may result in criminal charges. A conviction on your record can affect you for years to come. The safest course of action for men accused of domestic violence is to remain calm and obey all restraining orders for the time being. If the accused respects the boundaries of the restraining order, there is hope to drop the charges. Of course, if an expert criminal defense attorney proves the allegations are false, the restraining order is no longer valid.

Domestic Violence Act

As a man with false allegations of domestic violence made against you, it’s imperative that you understand the Domestic Violence Act. Implemented in 1979, the act defines what constitutes domestic violence. According to the legislation, domestic violence is defined as “attempts to cause or intentionally causing bodily injury, and placing a person in fear of ‘imminent serious bodily injury’ by threatening the use of force.” Under the act, it’s easy for women to make false allegations but, with the right criminal defense, you may be able to prove your innocence and protect your rights.

Domestic violence charges can result in severe legal consequences for defendants, including eviction, heavy fines and legal fees, and a permanent mark on your criminal record. Additionally, these charges can affect alimony and child custody. Some courts prevent parents with a history of physical abuse from visiting their children, even under supervision. Some of the normal privileges you’ve grown accustomed to throughout the years may be taken away from you as a result of a false domestic violence charge.

Don’t Fight Alone

During a divorce, things can get ugly. Don’t fight this battle alone. If you find yourself standing on the wrong side of a restraining order, call The Kavinoky Law Firm. We hire only the best attorneys in Los Angeles. We work around the clock to protect your rights. 1.800.No.Cuffs is the number to remember but hope you never need.

White Collar Incarceration vs. Other Felony Incarceration

Posted by Brianna Wilkins on January 7, 2014

Incarceration is not the same for all criminals. Furthermore, not all states and counties are the same.

If you have a conviction for white collar crime, you may be wondering about your incarceration. Likely, you want to know if it will be different from those convicted of more violent felonies. The short answer: they’re different. For the longer answer, keep reading. While some call white collar prisons “resort prisons,” the dividing line is the protections for the outside world. To put it plainly, the biggest difference is the amount of security in the prisons for each type of offender.

Incarceration Type and Violence

Typically, white collar crimes non-violent in nature. They typically do not cause direct physical injury or harm to the victims. Therefore, white collar criminals get special sensitivity in some cases. In fact, in most cases, major-league, white-collar criminals don’t face much prison time. Consequently, the time they do spend in prison is in low-security penitentiaries where they enjoy freedoms unknown to other felons.

Minimum Security vs. Maximum Security Prisons

Prisoners who fall into the minimum security threshold typically sleep in dormitories or bunk beds with lockers. They use the lockers to secure their possessions. Also, there is very little supervision over the internal movements of prisoners, They are often given the freedom to wander the grounds and visit the different areas of the prison. Minimum security prisons often include libraries and entertainment rooms in which to read or watch television.

Minimum security facilities generally have a single fence that is watched, but not regularly patrolled. Prisoners often work off some of their time on community projects, like roadside litter cleanup or by working at a wilderness conservation. In most states, prisoners in minimum security facilities are allowed to access the internet and have more chances to see visitors.

The conditions of a minimum security prison are vastly different from maximum security prisons. In max, the prisoners have individual cells with sliding doors. A secure station controls when they open and close. It’s not uncommon for prisoners in maximum security prisons to spend 23 hours per day in their cell. When out of their cell, prisoners remain in the cellblock or an external cage. Movement in and out of these cellblocks is only with restraints and correctional officer escorts.

White Collar Criminals Adjust Well to Prison Life

According to researchers at the University of Cincinnati and the University of Missouri, white collar criminals adapt to prison just as well as other types of felony offenders. In some cases, they do even better. It’s true! The results of the study show that white collar criminals do have the same negative experiences as others. However, although this is the case, it is not true that white collar criminals don’t experience their own discomforts in a prison setting.

The assumption that white collar criminals can’t adjust to a prison environment is simply not true. Many theorize that because of their middle-class lifestyle, they struggle to acclimate. However, the truth is they are no more different than anyone else. In reality, white-collar criminals have the same number of problems and suffer from the same issues. In fact, in some cases, these offenders actually adapt better than others.

Criminal Defense Attorneys

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.

What an Expungement Can Do for You

Posted by Brianna Wilkins on January 7, 2014

Expungement of criminal history is not available to everyone. However, if you have the opportunity to delete your criminal history and move forward without shackles, take it. A great criminal defense attorney can help you.

While everyone makes mistakes, some mistakes come with repercussions that can last a lifetime. In the case of a criminal history, a mark on your criminal record can make day to day life difficult for years to come. Employers and landlords commonly ask job applicants and apartment seekers whether they have been convicted of a criminal offense. Employers may not hire, and landlords may not lease, to those who answer “yes” to the question.

An expungement can make landing a job and renting an apartment easier for those with a criminal record. Additionally, an expunged record can provide peace of mind, and make getting a loan and adoption a possibility. If you don’t want one mistake to haunt you for the rest of your life, an expungement may be the best route for you to take.

Expungement Eligibility

Both adult convictions and juvenile adjudications are eligible for expungement. Although expungement is an option for many with criminal records, not everyone can do it. To be eligible, you must meet very specific criteria. These criteria for expungement include:

Conviction must meet the guidelines described in Penal Code 1203.4, Penal Code 1203.4a, or Penal Code 17.
Complete the terms of your sentence, including any probation.
May not be imprisoned or serving time for any offense.
No pending charges for any other offense.
You must not have another conviction within one year of the first.
Probation not revoked or reinstated – for the charge in question.

Loans & Adoption

Some loan agencies believe a criminal conviction is an indication of irresponsibility. They believe a person with a criminal history is less likely to meet their financial obligations; therefore, interest rates are increased for individuals with a criminal history, if a loan is given at all. This means buying a home, a car, or paying for an education can be harder for those with criminal convictions.

Additionally, any person trying to file for an adoption in California and has a criminal background cannot normally petition for an adoption in the state. An expungement of your criminal record can help make the adoption process easier on all parties.

Jobs & Education

As previously mentioned, many employers ask prospective employees to divulge their criminal history. With an clean record, revealing such information isn’t mandatory. Although it is possible to lie on a job application, doing so is risking a violation of the law once again. By successfully cleaning up your record, you should be able to truthfully answer “no” in such situations.

The only time you may not answer “no” is when the question also asks “even if you’ve had it expunged.” This question is common for many professional license and, in these cases, you must acknowledge the conviction and answer “yes” even though there has been an expungement.

Additionally, applying for higher education becomes complex when hindered by a criminal conviction. Those with criminal histories may face hurdles. However, a great crime attorney knows how to fight for an expungement. This legal move can successfully remove this roadblock and open the highway to success. By successfully expunging your record, your criminal history will not affect your attainment of higher education.

Medical Marijuana Card in Hand. Now What?

Posted by Brianna Wilkins on January 7, 2014

Medical Marijuana Card in hand? Now what do you do? Under Proposition 215, also referred to as the California Compassionate Use Act, California became the first state to allow residents to legally smoke marijuana with a recommendation or approval from a California-licensed physician. Proposition 215 states that medical patients and designated primary caregivers may legally possess and cultivate marijuana if they have a medical marijuana card.

Medical Marijuana Card

If you have your medical marijuana card, you may be wondering how Proposition 215 will affect your day to day life. This includes where you’re legally allowed to smoke and how much marijuana you’re legally allowed to have in your possession. Also, many doubt a California medical marijuana card protects you from federal prosecution.

How Much Can I Possess or Grow?

According to Proposition 215, patients may have whatever amount of marijuana is necessary for their personal medical use. While some may think this entitles them to unlimited amounts of marijuana, this is not true.

Patients are likely to face legal consequences if they exceed the SB420 guidelines. The SB420, established on January 1, 2004, stipulates:

Patients may ‘legally’ have six mature or twelve immature plants* and
Up to half a pound of processed cannabis.

Though the amount can vary between cities and counties, the amount designated in SB420 is the minimum throughout the state. Also noteworthy here, is the caveat for rentals. Although it is legal to cultivate marijuana, most landlords prohibit the act. Before you attempt to grow your own marijuana, be sure it is okay in your place of residence.

Where Can I Get Medical Marijuana?

Although Proposition 215 doesn’t legalize sales, thousands of collectives and dispensaries throughout the state are now open. Currently, there are three types of shops where medical marijuana patients can purchase medical marijuana:

collectives,
co-operatives, and
dispensaries.

Collectives are groups of patients who pool their resources to provide medical marijuana to each other. Technically, these collectives should be non-profit and shouldn’t provide marijuana to outside patients. Co-operatives are non-profit and provide marijuana to patients in more of a shop-like setting. Dispensaries are for-profit entities that dispense marijuana. The main difference between a co-op and a dispensary is the tax-status of the entity.

Types of Medicine

Under Proposition 215, all parts of the cannabis plant fall under the provision. This includes seeds, buds, stalks, leaves, resin, and fibers. Anyone with a medical marijuana card in the state of California also has access to any medical marijuana and cannabis products. These products may be edibles, wax, hash, concentrated cannabis, and other marijuana bi-products.

Where Can I Smoke Medical Marijuana?

Typically, laws that govern cigarettes also apply to marijuana. Under state law, medical marijuana is only acceptable in certain places. It is illegal:

Within 1,000 feet of a school, recreation or youth center,
On a school bus,
In a moving vehicle or boat .
Marijuana of any type is illegal in the workplace and correctional facilities.

Employers still have the legal right to terminate an employee who tests positive for marijuana. Regardless of whether the patient has a medical marijuana card, he may face termination.

Additionally, medical marijuana patients are must smoke with discretion in public places. Additionally, many in the community suggest using only edibles in public spaces.

Federal Arrest Charges

In some cases, patients are not safe under the California law. Raids and arrests for those with cards are commonplace. Many face discrimination based on hearsay. Such claims include growing amounts the police believe to be excessive, or on account of neighbor’s complaints. Once patients receive charges, it is up to the courts to pass judgment on their medical claim.

Hiring a great criminal defense attorney in California is vital to protect your rights. Anyone with a medical marijuana card in the state of California can face federal charges. Since federal law trumps state law, the United States government has power over the state. Consequently, this means those in possession may receive a misdemeanor. So, we know those who cultivate can be charged with a felony. Medical marijuana patients are not protected while on federal land, and a California recommendation is not a defense in federal court.

State and Federal Law is Always Changing

Hire an attorney who knows what they’re doing.

About Darren Kavinoky and The Kavinoky Law Firm:

Open-Carry Laws in California

Posted by Brianna Wilkins on November 12, 2013

Open-carry laws vary around the country. Recently, litigation over the past few years continues to change the laws. It can be confusing to most, trying to keep up with these rapidly changing regulations.

Open-Carry in California

In the past, the state of California permitted individuals to carry unloaded firearms in public. As long as they were displayed in plain sight and the individual wasn’t in a prohibited area, this was fine. At the time, prohibited areas included government buildings, school zones, and post offices. However, since 2012, it is now illegal to openly carry unloaded handguns in the state of California.

The California Assembly Bill 144 of 2011 makes it a misdemeanor to carry an exposed and unloaded gun in public or in vehicles. Violators of the law can face up to a year in prison, or a fine of up to $1,000. The bill exempts those who use guns for hunting or shooting events. Also, it doesn’t apply to those who have permits to carry concealed weapons by law enforcement officials.

Though the Second Amendment protects those who are exercising their right to bear arms and lawfully carry their firearms, the California legislature makes it illegal to carry a weapon openly in public, which can prove to cause complications among gun owners in California.

Decrease in Gun Presence

Backed by California’s top law enforcement group, the law was a response to a proliferation of guns in public. Additionally, doubled with the anxiety and tension that can arise when someone sees another person carrying a firearm in public, encounters can quickly escalate – especially when it’s unknown if the gun is loaded. In an effort to cut back on gun violence, California lawmakers have made the act of carrying an unloaded gun in public illegal.

It’s important to note that the California Assembly Bill 144 is a separate and distinct offense from carrying a loaded firearm in public and carrying a concealed firearm – both of which are crimes in the state.

Penalties

Most people convicted of violating California’s open-carry laws either serve up to one year in county jail or pay a fine of up to $1,000. However, in some cases, offenders may get both penalties. So, those who are at risk for both need to know their rights. These people include individuals who are also carrying unexpended, dischargeable ammunition who are also not the lawful owner of the gun. Additionally, these penalties are for each gun the offender has in his/her possession.

Legal Defenses

If you’ve been arrested for violating the open-carry law in the state of California, there are several defenses an experienced criminal defense attorney can make on your behalf. These include, but are not limited to:

Owner has a valid firearm permit in the state of California
Defendant engaged in activity specifically exempt, like hunting or attending a gun event.
Not carrying the gun in public
The police engaged in misconduct, or
An illegal search and seizure brought about the finding of the gun.

In California, most adults may legally own firearms and ammunition. People who may not legally possess a firearm include:

Felons,
Narcotics addicts,
Anyone with two or more convictions of brandishing a weapon,
Anyone convicted of certain misdemeanor offenses, like stalking,
Those with mental illness(es), and/or
Anyone under 18.

If you are under arrest for violating California’s open carry law, you may face multiple weapons offense violations. Additionally, you can expect more severe penalties. In which case, call a California criminal defense attorney as soon as possible.

Hire Defense

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

Third Offense DUI

Posted by Brianna Wilkins on November 5, 2013

Third offense DUI charges are more severe than first or second offenses. If you have more than one DUI charge within ten years, you may think you know what to expect.

However, third offense DUI does not carry the same fines, penalties, jail terms and other requirements as the last time.

Under state law, anyone who is a habitual drunk driver, faces harsher punishments each arrest. Just a note: A habitual drunk driver is anyone convicted of more than one DUI within ten years. So, the consequences of a third offense DUI are much worse than other offenses.

Consequences of a Third Offense DUI

The consequences of a third offense DUI depends on a few factors. It depends heavily on whether or not the driver submitted to a chemical test. If a driver arrested for a third DUI in ten years submits to a chemical test, he then faces a less-harsh penalty. He is looking at a two-year license suspension and SR-22 insurance for three years following license suspension. They also have the option of requesting a restricted license after eighteen months.

Those who refuse to submit to a chemical test face much stricter penalties. These include:

Additional license suspension of up to one year for a first refusal,
Two for a second refusal, and
Three for a third refusal.

Additionally, drivers who don’t submit a chemical test cannot obtain a restricted license.

Additional Penalties

According to California Law, a DUI arrest triggers an automatic license suspension. You only have ten days to challenge your suspension with the Department of Motor Vehicles. So, it’s crucial to find a qualified criminal defense attorney quickly.

Once the DMV receives your request, you’ll have a hearing where a DMV official will review the evidence against you. Here, the judge will decide if your arrest was legal. If the arrest was legal, in their opinion, your license will remain suspended.

The punishment handed down from the DMV is separate from the penalties stemming from a criminal conviction in court.

The Criminal Penalties of a Third Offense DUI

These include:

Three-to-five years informal probation,
A fine between $1,800 and $2,800,
A minimum of a two-year loss of your driver’s license,
Mandatory 18-month DUI classes, and
A required 120 days of jail.

Though it is possible to have your jail term converted to an alternative, like home arrest, rehab, or a combination of the two, many counties insist on at least 210 days of jail. Yet others require a full-year prison sentence.

Though these are the typical penalties for a third offense DUI, the specific punishments rely on the specifics of the case and your previous DUI history. If the courts deem your blood alcohol level to be excessively high, or if you caused an accident or had a minor in the car with you at the time of arrest, enhancements can be added to your punishment- including additional time added to your license suspension, increased jail time, or the required installation of an Ignition Interlock Device, a breathalyzer-type device attached to your vehicle which must be blown into before the engine can be started.

If you’re found guilty of a third offense DUI, you’ll also be designated as a habitual traffic offender by the DMV. This designation can increase fines and penalties for future traffic violations.

Hire an Expert 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.

First Offense DUI

Posted by Brianna Wilkins on November 5, 2013

First Offense DUI charges are unfortunately not unique. If you have an arrest for a first offense DUI, you’re not alone. California police arrest over 200,000 drivers each year for suspicion of driving under the influence. For most of them, this is a first-time arrest.

Unfortunately, in an effort to deter California motorists from violating DUI laws, the penalties are quite severe. Regardless of first or second arrest, those accused are in need of a strong defense.

First Offense DUI Charges

Most people with a simple first offense DUI can expect the same or similar sentences. Provided, there was not an accident associated with the arrest.

Although the criminal penalties of a DUI come to fruition following a court case, the administrative penalties begin immediately. Following your arrest, the DMV revokes your driving privileges and issues a license suspension. In order to challenge this penalty, you must request an administrative hearing within ten days of your arrest.

Criminal Punishment

In addition to the administrative penalties imposed by the DMV, those found guilty of a first offense DUI in the state of California face criminal punishment for their actions.

Depending on the exact circumstances of your arrest, a first time DUI conviction usually includes:

Three-to-five years of probation,
A fine of up to $1,800 (including court fees),
Loss of your license for up to six months, and
Mandatory drug and/or alcohol classes.

Once the driver receives their license, they must maintain SR22 insurance. This insurance is an expensive auto-insurance policy designed for high-risk drivers. This is mandatory for three years following conviction.

Ignition Interlock Device

Beginning July 2010, drivers convicted of a first offense DUI in the counties of Sacramento, Tulare, LA, and Alameda must install an Ignition Interlock Device on their vehicle for five months (twelve months if an injury was involved).

This device requires the driver to blow into a breathalyzer attached to the ignition before they are able to start the vehicle. If the IID detects alcohol on your breath, the vehicle will not start. As you drive, you are periodically required to provide breath samples to ensure the continued absence of alcohol in your system.

Though this is a general listing of the penalties for a first offense DUI, there are many factors that can increase the sentence, like an exceptionally high blood alcohol content, prior convictions, having minors in the car, and a collision, regardless if someone was hurt. These are just a few of the ‘aggravating’ factors that can alter the outcome of a first offense DUI case.

Before a DUI conviction, the prosecution must prove three things:

The officer who arrested you had probable cause to stop you,
You violated the state’s DUI laws by driving with a BAC over the legal limit, and/or
Your arrest was lawful.

If the prosecutor fails to prove all three of these requirements, then the charges against you are in jeopardy. A great attorney knows how to request a dismissal of charges.

Immediately Following Your Arrest

Following your arrest, for any DUI offense in the state of California, you only have ten days to request a DMV hearing. This request will postpone your license suspension until after the court hearing. In some cases, requesting the DMV hearing may result in your license suspension set aside indefinitely.

Important: Hire a DUI attorney within that initial ten day period. By doing so, they can request the hearing for you and even represent you at the hearing. Additionally, an expert attorney can give you detailed advice and come up with the best defense for your specific case.