License Suspension For The Out-Of-State Driver

DUI Attorney in Orange County

When someone who resides in another state is arrested for DUI in Orange County, or anywhere in California for that matter, the arresting officer does NOT confiscate their driver’s license. Orange County DUI Lawyer know that because the license was issued by another state, the arresting officer has no authority to take it. However, they are still served with the pink DS367—Notice Of Suspension/Temporary License. Out-of-state drivers (or their Orange County DUI Attorneys) are also given 10 days to request an administrative  DMV hearing and failure to do so will result in an automatic administrative suspension 30 days after the arrest.

Orange County DUI lawyers know that 45 of the 50 states are party to the “Driver’s License Compact”, which is an agreement between the states whereby a conviction for DUI in a foreign state will trigger a driver’s license suspension in the home state. The DUI in the foreign state is typically treated by the home state as if it occurred in the home state. Thus, a first-offense DUI in California will trigger a first-offense suspension in the home state. So while a California first-offense suspension is 6 months, the suspension imposed by the home state may be longer or shorter, depending on how the home state treats a first-offense DUI. Furthermore, because the Driver’s License Compact only refers to “convictions”, the administrative suspension imposed by the California DMV may not trigger a suspension in the home state.

Even though the California courts allow an out-of-state driver to complete a comparable Alcohol program in their home state, the California DMV does not allow a driver to restore their privileges unless and until they complete an Alcohol program in California. However, the out-of-state driver can submit a petition to the DMV after the period of mandatory suspension or revocation has run asking the DMV to terminate the suspension or revocation. If the driver, or their DUI Lawyer in Orange County provides proof that the driver actually resides in another state the DMV will usually grant that petition. This will allow the out-of-state driver to apply for a driver’s license in their home state. This extremely unfair DMV policy of not recognizing out-of-state alcohol programs means that a driver will be unable to get a restricted license and shorten the period of suspension or revocation, even though they are attending a similar alcohol program in their home state.

If you are facing charges for DUI in California and would like to speak to an experienced Orange County DUI Attorney, call the Law Offices of EJ Stopyro today at (949) 559-5500. The telephonic consultation is free and confidential. Or visit our website at www.EJEsquire.com.

DUI Lawyer in Orange County

DMV Administrative Suspension: How It Works (Part 2 of 2)

DUI Lawyer in Orange County

After the officer arrests a driver for DUI and gives the driver the pink piece of paper, which acts as a temporary driver’s license, notification of license suspension, and notification of the right to a  DMV hearing,  the arresting officer completes another part of the DS367 called the “Officer’s Statement”. (The driver’s  DUI Lawyer in Orange County will get a copy of this later on) This form contains the basic information that the DMV hearing officer will need in order to suspend the driver’s driving privileges, including the breath test result (if there was a breath test) and the statement of probable cause (a factual narrative of the stop). The DS 367 Officer’s Statement must be signed under penalty of perjury by the officer and forwarded to the DMV, along with the arrest report.

Once the DMV receives all the documents from the arresting officer, it will forward a copy of the documents to the driver’s Orange County DUI Attorney if a hearing has been requested. The DMV will also conduct an automatic administrative review to determine whether the documents present sufficient grounds to suspend the driver’s driving privileges. If, for example, the driver’s blood-alcohol level was below a 0.08%, then there will be insufficient grounds for suspension and the DMV will issue a “set aside”, meaning the DMV will not suspend the license at this point. This is often the case in a  DUI drugs.

The DMV will also check to see if the driver has any prior DUI’s or prior license suspensions for drug or alcohol related driving within the past 10 years. (this point may be argued by the driver’s Orange County DUI Lawyer) If there are no priors, the driver faces an administrative suspension for four months. If, however, the driver has one or more prior suspensions or has refused to take a blood or breath test, they face a one-year administrative suspension. (A driver with one or more prior suspensions faces a two to four year revocation upon conviction of a DUI in court).

The administrative hearing for all DUI arrests in Orange County are conducted at a special DMV facility, called the Driver Safety Office, in the city of Orange. The issues at the administrative hearing are as follows:

1)      Did the officer hade reasonable cause to believe the driver was driving a vehicle in violation of Vehicle Code Section 23152 or 23153 (DUI or DUI with injury);

2)      Was the person lawfully arrested; and

3)      Was the person driving a vehicle with a blood alcohol concentration of 0.08% or more.

If the driver was arrested for refusal, the first two issues remain the same and the third issue is replaced by the following two issues:

3)         Was the person properly advised of the consequences of the refusal; an

4)         Did the person refuse to submit to, or fail to complete, the test.

If you have been arrested for DUI and would like some advice call the Law Offices of EJ Stopyro at (949) 559-5500. We are experienced Orange County DUI lawyers and would be happy to consult with you for free. Or visit our website at www.EJEsquire.com.

Orange County DUI Attorneys

DMV Administrative Suspension: How It Works (Part 1 of 2)

DUI Attorney in Orange County

If you are arrested for a DUI in Orange County, the arresting officer will immediately seize your driver’s license and give you a pink piece of paper called an “Administrative Per Se Order of Suspension/Revocation and Temporary License Endorsement.” Orange County DUI Attorneys will tell you that whether you take a blood test, breath test or, in rare cases, a urine test, the officer will take your license even though the results of the blood or urine test wont be known for some time. If you refuse to take one of these tests you will still have your license seized and be served with this pink piece of paper. However, the consequences will be much more severe. If the arresting officer, for some reason, forgets to, or is unable to, seize your license and serve you with the suspension order, the DMV will mail the order to you.  

This pink piece of paper-- Administrative Per Se Order of Suspension/Revocation and Temporary License Endorsement—has several functions. First, it is a notice to you, and your Orange County DUI Attorney, of the administrative license suspension of your driving privileges. Second, it is your temporary license, allowing you to drive for the next 30 days until the administrative suspension begins. And finally it is a notice to you of your right to request an administrative hearing ( DMV hearing) on the matter WITHIN 10 DAYS OF YOUR ARREST. As the form explains in its complex print, if you do not request the administrative hearing—called an Administrative Per Se hearing—within ten days, then you waive your right to that hearing and the suspension will begin 30 days from the date of arrest.

If you or your DUI Lawyer in Orange County do request an APS hearing within the 10 days, then you will be allowed to continue driving until and unless you and your DUI Lawyer in Orange County lose that hearing. Since the APS hearing is typically scheduled well beyond 30 days from the date of arrest, requesting an APS hearing will usually buy you more time to drive until the suspension begins. Of course, if your Orange County DUI Lawyer wins the APS hearing, then your driving privileges will not be suspended unless you plead guilty, or are found guilty, of a DUI in the Orange County court.

If you have been arrested and served with an order of suspension, call the Law Offices of EJ Stopyro at (949) 559-5500 today to consult with experienced Orange County DUI lawyers. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

DUI Attorneys in Orange County   

Corpus Delicti And The Orange County DUI

Orange County DUI Attorneys
The elements of any crime, including a DUI, are known as the corpus delicti. Under the corpus delicti rule, an uncorroborated confession of driving drunk or driving under the influence of drugs (DUI drugs) is not enough to convict a person of DUI. DUI Attorneys in Orange County know that although the driver’s confession can be admitted at trial, if other independent evidence of every element of the DUI is not admitted, the driver cannot be convicted of DUI. However, it only takes a small showing by other evidence that a DUI actually occurred. People v. Ray (1996) 13 Cal.4^th 313. In fact, the DA doesn’t need to present independent evidence that the defendant was actually the driver, but only needs to produce evidence that a DUI did actually occur. People v. Manson (1977) 71 Cal.App.3d 1.

Orange County DUI lawyers also know that the corpus delicti in a DUI case can also be shown by circumstantial or direct evidence. People v. Andrews (1963) 222 Cal.App.2d 242. However, importantly, the statements or confession of the driver cannot be used to establish the corpus delicti in a DUI case.  If the DA can show the corpus delicti, then the driver’s statement can be used to show the jury who committed the DUI.

So, for example, in a DUI case, if the driver is no longer in the car when the police arrive, the DA may have a hard time proving that the defendant was the driver. DUI Attorney in Orange County will tell you that even if the defendant admits to driving the car, that admission cannot be the sole evidence to sustain a DUI conviction. The prosecution needs other evidence to raise an inference that it was the defendant who drove the car. However, the showing the DA needs to make is slight. For example, that the defendant is the registered owner of the car, or that the keys to the car in question were in the defendant’s possession.

If there Is the slightest chance that there may be a corpus delicti issue in your case it is important to talk to an Orange County DUI Lawyer. Even if the issue is weak, it may enable your DUI Lawyer in Orange County to negotiate a better deal for you; possibly even leveraging a reduction to a wet reckless charge.

If you have been arrested for a DUI or DUI with injury in Orange County, call the Law Offices of EJ Stopyro at (949) 559-5500 for a free telephonic consultation with an experienced Orange County DUI Attorney. Or visit our website at www.EJEsquire.com.

DUI Lawyer in Orange County

Drug Possession: What The Prosecution Must Prove

Orange County criminal defense lawyer

Not ALL drugs are illegal. In fact, only the chemical compounds explicitly listed by the California Health And Safety Code can result in criminal prosecution in the Orange County courts. Any Orange County drug defense attorney knows that the substances listed in the code are called “controlled substances”.  The most common controlled substance or drug cases in Orange County are cocaine, heroin, marijuana, and various amphetamines and barbiturates.

Some controlled substances are not illegal drugs as long as you have a prescription for them. Orange County drug defense lawyers will tell you that other controlled substances can never be legally possessed by the public. Marijuana can be legally possessed as long as one possesses it for the purpose of addressing their medical condition. In that case, one may legally cultivate and possess as much marijuana as their medical condition requires.

criminal defense lawyer in Orange County are all to familiar with the fact that the most common drug crime in Orange County is possession. In order for the Orange County District Attorney to convict you of drug possession for personal use they must prove the following: 1) that you exercised control over the drug; 2) that you knew of the drug’s presence; 3) that you knew it was a controlled substance; and 4) there was enough drug to be used or sold as a controlled substance. I will go into greater depth of each of these elements in future blogs.

It is known among Orange County criminal defense lawyers that although both the federal and state authorities have jurisdiction to prosecute drug crimes—the federal government’s authority is found in Title 21 of the United States Code—almost all possession crimes not occurring on federal land are prosecuted in the California state courts. However, crimes like drug sales, manufacturing, and transporting are routinely prosecuted by both jurisdictions. Often, the decision on whether to prosecute a drug crime on the federal or state stage depends on the amount of the drug. A larger amount will more likely result in a federal prosecution. This is bad news for the defendant as a federal sentence is usually much longer than one handed down by a state court such as the Orange County Superior Court. Federal guidelines are quite severe and often require lengthy sentences as mandatory minimum sentences.

If you are facing charges for a drug crime in Orange County, call the Law Offices of EJ Stopyro today at (949) 559-5500 for a free and confidential consultation with an experienced Orange County drug defense lawyer. Or visit our website at www.EJEsquire.com.

 

Challenging Prior Convictions In Court

DUI Attorneys in Orange County

Unless it is a DUI with injury, a first-offense DUI conviction in Orange County is typically relatively painless—the license suspension is usually the most troublesome outcome. However, if you have any prior DUI convictions from any state, things get serious. For example, a standard second-offense DUI in Orange County is typically punished by 30 – 90 days on jail time, on top of the two-year license suspension after the  DMV hearing. Therefore, your DUI Attorney in Orange County will want to consider challenging any alleged prior DUI conviction.

DUI Lawyers in Orange County know that only unconstitutional prior convictions may be challenged if the prior DUI arises from a California conviction. Out-of-state priors, however, can be challenged as unconstitutional and on the basis that the conviction was not for a priorable and equivalent California crime People v. Crane (2006) 142 Cal.App.4^th 425. A court cannot strike a prior DUI offense just to avoid imposing a minimum mandatory sentence or to avoid a license suspension. Moreover, only one constitutional challenge is allowed on a prior DUI conviction and the court’s ruling is binding on the DA as well as the DMV in all future judicial and administrative proceedings. (Vehicle Code Section 23624)

Before your DUI Lawyer in Orange County decides to challenge a prior DUI conviction, he will get the information about the prior conviction be submitting a written request to the conviction court for the record of that conviction. This record will show whether there is sufficient evidence that the driver actually knowingly, voluntarily, and intelligently waived their important legal rights—such as a right to a trial. If your Orange County DUI Lawyer finds grounds to challenge the prior DUI, he will request “bifurcation” of the proceedings. This means that there is a separate trial on whether the prior DUI conviction is valid. That way, if the prior is struck, the jury who decides guilt on the pending DUI will NOT have any idea that the driver had a prior DUI. Because the allegation of a prior DUI conviction is an “enhancement” and not an element of the offense, you are entitled to this bifurcated proceeding. People v. Weathington (1991) 231 Cal.App.3d 69. If your Orange County DUI Attorney determines that the prior DUI conviction WAS constitutional and otherwise admissible, then there is nothing to be gained from challenging the prior DUI conviction.

If you are facing charges for a DUI in Orange County and would like to explore your options with one of the top Orange County DUI lawyers, call the Law Offices of EJ Stopyro today at (949) 559-5500. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Orange County DUI Attorneys

           

Orange County Domestic Violence Lawyers    
                                 
Domestic Violence Arraignment: An Overview

If you are arrested for a domestic violence crime in Orange County, you and your Orange County Domestic Violence Lawyer will appear together at your first court appearance, called an arraignment. The arraignment is a court hearing at which a person accused with the crime of Criminal Threats, Domestic Battery, Corporal Injury or any other misdemeanor or felony—is informed of the nature of the charges against then, is given a copy of the Complaint (document listing formal charges), and given an opportunity to enter a plea. See Penal Code Section 988. At the arraignment the judge must also advise any unrepresented person charged with domestic violence of their right to have a Domestic Violence Attorney in Orange County. If the person cannot afford a lawyer the court will appoint a Domestic Violence Lawyers in Orange County free of charge. The judge will also advise the defendant of other important trial rights.

If the person accused with domestic violence has not yet posted bail, the judge will set bail. If bail has already been set the defendant’s Orange County Domestic Violence Attorney  can make a motion to lower the bail if there are “changed circumstances” since bail was set in the first instance.

If the defendant is in custody either because bail has not been set or because the defendant hasn't posted it, then the arraignment MUST take place within 48 hours (not including weekends and court holidays) of the arrest for Domestic Violence offenses. If the defendant was arrested for domestic violence without a warrant they are entitled to a probable cause hearing before a judge or magistrate as soon as reasonably feasible but not later than 48 hours after arrest—weekends and holidays may NOT be excluded. Usually, when a person is arrested for domestic violence without a warrant the two hearings—the arraignment and the probable cause hearing—are typically combined. However, while a domestic violence defendant is entitled to a Domestic Violence Lawyer in Orange County at the arraignment, this is not true for the probable cause hearing.

Finally, if the Orange County domestic violence case is NOT settled at the arraignment—and they usually are not—then the judge will set a date for the next court appearance.

If you face charges for domestic violence in Orange County call the experienced Orange County Domestic Violence Attorneys at the Law Offices Of EJ Stopyro at (949) 559-5500. Or visit our website at www.EJEsquire.com.

Domestic Violence Attorneys in Orange County

 

DUI Trial: Expert Testimony Is Typically Used

Orange County DUI Attorneys

When someone is arrested for a DUI in Orange County, their Orange County DUI Lawyer must first gather all the evidence in the case—a process called “discovery”—and then evaluate this evidence. The driver’s DUI Attorney in Orange County may bring a motion to suppress some of this evidence if there are grounds for such a motion, and may ask the court to keep other evidence out on other grounds. When all the admissible evidence is evaluated, the defendant and their DUI Lawyer in Orange County must make a decision whether to accept whatever offer the DA makes or to take the case to trial.

If the DUI case goes to trial, the DA will almost certainly present a scientific expert to testify to the fact that the alcohol testing equipment was properly calibrated, maintained and functioning at the time the test was given. The expert usually also testifies about the general nature of alcohol, or drug if the defendant is charged with DUI drugs, and the physiological effects that alcohol or drugs has on the body.  DUI Attorneys in Orange County know all too well that the prosecution expert will also testify about how alcohol is absorbed into the body and how it is eliminated, including the time it takes to do both of these.

The DA will typically then give the expert a “hypothetical” situation, with facts that are identical to the case being tried, and ask the expert for their opinion. The expert will render an opinion on whether, in this case, the defendant was under the influence to the point where they could not drive a vehicle with the same care and caution customary of a sober person. The facts that experts usually rely on are the actual driving of the defendant (weaving or other bad driving), the final breath test or blood test result, the driver’s performance on the field sobriety tests, and the admissions of the defendant about what and when they drank. The defendant’s DUI Lawyer in Orange County will have the opportunity to cross-examine this expert witness. At the close of the DA’s case, the defendant’s Orange County DUI Attorney  usually call their own expert witness who will often contradict the DA’s expert witness. In cases where the blood-alcohol level is close to the legal limit, and where the DA hasn’t offered a wet reckless to settle the case, the jury’s decision may well come down to which expert was more convincing.

If you are charged with a DUI in Orange County and would like to consult with an experienced DUI attorney, call the Law Offices of EJ Stopyro today at (949) 559-5500. The consultation is free and confidential. Or visit our website at www.EJEsqire.com.

Orange County DUI lawyers

Domestic Violence Charge And The Own Recognizance (O.R.) Release

Domestic Violence Attorneys in Orange County

If you are arrested for Domestic Battery, Criminal Threats, or any other Domestic Violence charge in Orange County, you will be booked at the Orange County jail or the local city jail. Bail will be set and unless bail is posted you will remain in custody until you are brought before a judge. At this first hearing, called an arraignment, your Orange County Domestic Violence Lawyer can make a motion for you to be released from custody on your own recognizance. This is called an “O.R. release” and it doesn’t require that you post any bail.

If your Domestic Violence Lawyer in Orange County is successful in convincing the judge to grant you an O.R. release, you will have to sign a promise-to-appear agreement that includes:

• Your promise to appear at all domestic violence court dates with your Orange County Domestic Violence Attorney as ordered;
• Your promise to obey all reasonable conditions imposed by the domestic violence court;
• Your promise not to leave the state without the domestic violence court’s permission;
• That you comply with the domestic violence Protective Orders;
• Your agreement to waive extradition if you flee and are caught in another jurisdiction;
• Your acknowledgment that you have been informed by your Orange County Domestic Violence Attorneys of the consequences of violating the conditions of release; which include being jailed during the pendency of your domestic violence case and possibly new criminal charges.

These conditions are usually found on the preprinted release forms used by the courts. However, if the domestic violence judge allows a “supervised O.R. release”, then other conditions may apply including;

• You must report to a probation officer;
• You must remain within the county unless the probation officer gives you permission to leave;
• No use of drugs or alcohol while your domestic violence charges are being litigated and submission to drug and alcohol testing;
• That you not possess any weapons that could be used in inflicting Corporal Injury  in a new act of domestic violence.

If you have been arrested for domestic violence in Orange County and would like to consult with an experienced Domestic Violence Attorney in Orange County, call the Law Offices of EJ Stopyro today at (949) 559-5500. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Domestic Violence Lawyers in Orange County 

Prior DUI Convictions Will Increase Punishment

DUI Attorney in Orange County

If you are arrested for a DUI or DUI drugs in Orange County and later plead guilty to the DUI or are found guilty of a DUI after a trial, despite the efforts of your DUI Lawyer in Orange County, then the court must impose a sentence. The penalties imposed by the court will depend on many factors, but usually the most important factor is whether you have any prior DUI convictions or convictions for other alcohol related offenses. A prior DUI conviction will be used to increase the minimum mandatory penalties in the present DUI sentencing. Although the conviction for the “prior” DUI must take place before the conviction for the present offense, Orange County DUI Attorneys know there is no requirement that either the “prior” offense or the “prior” conviction actually take place before the date of the current offense.

DUI Attorneys in Orange County know that the California legislature has made clear that the timing of court proceedings should not affect the court’s ability to impose enhanced penalties for multiple offenses. Vehicle Code Section 23217; People v. Albitre (1986) 184 Cal.App.3d 895.  So, for example, imagine that Dan is arrested for a first-offense DUI on January 1^st and is released pending court proceedings. Then, Dan is arrested again for DUI on February 1^st, while his January DUI is still pending. On February 15 Dan pleads guilty to his February DUI and is sentenced as a first offender, since he doesn’t yet have any CONVICTIONS for a DUI. Then, in March, Dan is found guilty of the January DUI. Well, since Dan now has a DUI conviction for his February DUI, he must be sentenced as a second-offender, even though that February DUI actually occurred AFTER the January DUI for which he is being sentenced. Orange County DUI lawyers also know that all DU convictions (and some other alcohol offenses) within a ten year period will be used to enhance a sentence. People v. Treadway (2008) 163 Cal.App.4^th 689.

Moreover, it is not just Orange County DUI’s that count as prior convictions for purposes of enhancing a defendant’s DUI sentence. Other crimes that are considered prior offenses include the wet reckless conviction, which is essentially a reckless driving charge where alcohol is involved. The wet reckless is something that a skilled DUI Lawyer in Orange County can sometimes leverage for a client. Also, convictions for operating a boat while under the influence of drugs or alcohol will also count as prior DUI convictions for purposes of sentencing. Furthermore, having a DUI conviction expunged under Penal Code Section 1203.4 will NOT prevent this conviction from being counted as a prior DUI conviction for sentencing. Also, a DUI conviction in another State will also be counted as a prior, as will a federal DUI conviction.

If you have been arrested for a DUI in Orange County and would like to speak with an experienced Orange County DUI Attorney, call the Law Offices of EJ Stopyro at (949) 559-5500. The telephonic consultation is free and confidential. Or, visit our website at www.EJEsquire.com.

Orange County DUI Lawyer

Speed Traps: Can I Avoid A DUI Conviction?

DUI Lawyer in Orange County         

There are many ways to get stopped by law enforcement and subjected to a DUI investigation; you may get stopped at a DUI checkpoint, perhaps you will get pulled over for an equipment violation, or the officer may stop you because he clocked you on radar exceeding the speed limit. DUI Attorneys in Orange County know that in most cases, before proof of a car’s speed that is clocked by a radar unit may be used against the driver, the posted speed limit must have been justified by an engineering and traffic survey conducted within the past 5 years before the date of the alleged speeding violation. (California Vehicle Code Section 40802(a)(2)) In some instances the speed survey needs to be conducted within the past seven or 10 years.

When a driver is pulled over because his speed was clocked with a radar unit and the driver is subsequently arrested for a DUI (drunk driving), the driver’s Orange County DUI Lawyer should argue that the traffic stop was unlawful and that it was a violation of the statutory exclusionary rule in the “speed trap” law. An Orange County DUI Attorney   can do this by filing  suppression motion under Penal Code Section 1538.5, which is a request to the DUI court to throw all the evidence out. However, there IS case law that the Orange County courts can cite which holds that the speed trap exclusionary rules of Vehicle Code Sections 40803 and  40804 only apply when the defendant is charged with speeding, and do not apply when the charge is DUI, even if the defendant’s rate of speed in the speed trap led to the initial traffic stop. People v. Hardacre (2004) 1116 Cal.App.4^th 1292. 

Although the Orange County courts fall under the jurisdiction of the 4^th District Court of Appeal in Santa Ana, the judges will still follow law from other appellate districts. Therefore, although your DUI Lawyer in Orange County should still bring the motion to suppress, there is a good chance that the motion will be denied.
If you are charged with a DUI, DUI with injury, or a DUI drugs call the Law Offices of EJ Stopyro today for a free and confidential telephonic consultation with a DUI Attorney in Orange County. You can discuss possible defense in your case and learn what your options are. Or visit our website at www.EJEsquire.com.

Orange County DUI lawyers 

Domestic Violence Arrest: Getting Released From Jail

Orange County Domestic Violence Lawyers 

If you are arrested for Domestic Violence in Orange County, you will either be: 1) released with citation; 2) released on your “own recognizance”; 3) released if you post bail; or 4) held in custody until your case is resolved. Naturally, your Domestic Violence Attorney in Orange County will do their best to earn the best possible release for you.

If you are arrested for a minor offense, such as a simple assault or battery, the arresting officer has the discretion to release you on your signed promise to appear after issuing you a citation with the date and time for you to appear in court at the arraignment. The citation will also contain the code section of the domestic violence offense that you are accused of committing. Have this citation handy when conferring with your Orange County Domestic Violence Lawyer because they will need the information listed on it.

An “own recognizance” (O.R.) release is available only from the court. At the arraignment, your Orange County Domestic Violence Attorney will have the opportunity to petition the court to grant you an O.R. release. Your defense lawyer must convince the judge that you will not flee the jurisdiction before your case has been litigated. Orange County domestic violence attorneys do this by showing the court that you have family or loved ones in the county and that you have other significant contacts here as well, such as a job and friends. If you own property in Orange County, this can also show that you are not likely to flee. Your defense lawyer must also convince the judge that you do not pose a danger to the victim or to society. If the judge believes that you do pose a danger or that you are a flight risk, you will not be granted an O.R. release.

 If your Domestic Violence Lawyer in Orange County is successful in getting you an O.R. release, the court will often impose conditions on this release. If you violate these conditions, you will likely be remanded to custody until your case is over. Typical conditions include obeying any protective order or restraining order and not having any contact whatsoever, either directly or indirectly, with the victim in the case. Other conditions may include seeking counseling for substance abuse or anger issues.

If your Orange County Domestic Violence Attorneys can’t get you an O.R. release, you still have the right to post bail to get released during your case. The amount of bail will vary depending on the seriousness of the crimes against you. There is an Orange County bail schedule that lists the recommended bail for most offenses. In domestic violence cases the typical bail ranges from $10,000.00 to $100,000.00. Whatever your bail is, you can post the amount with the court and be released until your case is final. The logic is that if the court has your money, you will not flee. However, if you do not have the amount of bail, you can hire a bail bondsman to post bail for you. A bondsman typically charges you ten percent of the bail amount to put up the rest of the bail for you. So, for example, if your bail is $10,000.00, you can give $1,000.00 to a bondsman who will then put up the entire $10,000.00 to get you out. If you do flee the jurisdiction, the bail bondsman loses the entire amount. Your Domestic Violence Attorneys in Orange County will know several bondsmen and can usually get you a small break on the price.

If you are in this country illegally, not even your Domestic Violence Lawyers in Orange County can get you out of jail. You will not be able to post bail because the jail will put an immigration hold on you. This means that you will likely be deported once your case is over and any sentence has been served. Also, if you were on probation when you were arrested, you will likely be denied bail and held in custody until your domestic violence case has been litigated.

If you have been arrested for domestic violence in Orange County, call the Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential consultation with an experienced Orange County domestic violence lawyer. Or visit our website at www.EJEsquire.com.

 

Fighting A DUI Arrest: Prolonged Detention

Orange County DUI Attorney             

A DUI arrest in Orange County typically begins with a police or highway patrol officer pulling someone over for one reason or another. DUI Attorneys in Orange County know that these encounters can occur for any number of reasons. It may be a “saturation patrol” where officers are specifically looking to find and arrest a drunk driver, or it may just be a routine traffic stop for an equipment violation or traffic offense. In either case, once the officer detects any odor of an alcoholic beverage or the driver admits to drinking, the cop will conduct a DUI investigation with “voluntary” field sobriety tests and a “voluntary” breath test or preliminary alcohol screening(PAS) test as it is called. One way to fight a DUI is to show that the cop detained you longer than was necessary to address the initial reason for stopping you in the first place.

A police officer is not allowed to detain a driver for any time longer than necessary to complete the officer’s duty with respect to the initial violation for which he stopped you. People v. Gomez (2004) 117 Cal.App.4^th 351; Williams v. Superior Court (1985) 168 Cal.App.3d 349. Orange County DUI lawyers know that a police officer cannot impose a “general criminal investigation” on a driver who is detained for a traffic violation that is not reasonably necessary for the completion of the cop’s duty to issue a traffic citation unless the officer has independent reasonable suspicion that the driver has committed some other unrelated offense. The Fourth Amendment to the United States Constitution prohibits unjustifiably prolonged detention. This is applied on a case-by-case basis. In cases of a DUI it is generally held that administering field sobriety tests, questioning about drinking, and administering the preliminary alcohol screening test do not give rise to an unreasonably prolonged detention. People v. Bennett (183) 139 Cal.App.3d 602.

If the officer does delay the stop and is not sure whether to conduct a DUI investigation, then the driver’s Orange County DUI Lawyer will have grounds to bring a motion to suppress under Section 1538.5 of the California Penal Code.  So, for example, if a CHP officer stops a driver for exceeding the speed limit, and then isn’t sure whether to conduct a DUI investigation and calls for the assistance of another officer to help him or her make that decision, the delay in waiting for the backup officer may be sufficient to constitute a violation of the driver’s constitutional rights and the driver’s DUI Lawyer in Orange County could be successful in having the case thrown out or the charges reduced to a wet reckless.

If you have been arrested for a DUI in Orange County, it is in your best interest to consult with a DUI Lawyer in Orange County to learn what your options are and what defenses and strategies may be available in your case. Call the Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential consultation with an experienced DUI Attorney in Orange County. Or visit our website at www.EJEsquire.com.   

Orange County DUI Attorneys

Orange County DUI Attorney        

DUI Arrest: Home Confinement or House Arrest You Can Afford

If you get convicted of a DUI in Orange County, you may be required to serve some jail time, especially if it is a second offense DUI or if it was a DUI with injury. If the District Attorney offers you a set amount of jail time in order to resolve your case, your DUI Attorney in Orange County   may be able to negotiate a settlement where the jail time can be served as home confinement. (also called house arrest or supervised electronic confinement) If your Orange County DUI Lawyer does get home confinement for you, you will be required to wear a GPS bracelet and can only leave your house for work, school, the alcohol program, and other necessities of life. Home confinement through the probation department costs you money. Typically, you will be required to pay $375.00 for installation of the bracelet and between $12 and $20 per day, depending on your income. As the usual jail sentence for a second-offense DUI is about 60 days in the Orange County courts, this means that home confinement will cost you around $1,500.

About two weeks ago, however, the Orange County jail began a new home confinement program of its own. This program, called the Electronic Monitoring Program, provides home confinement to those who are approved by the court at NO COST. Thus, if you are sentenced to jail time for a DUI but your Orange County DUI Attorney   gets court approval to serve the jail time on home confinement, you have the option of doing it through the probation department at your own expense, or through O.C. jail at no cost. DUI Attorneys in Orange County know the only downside to the O.C.J. program is that you typically must spend the first night in jail at the Theo Lacy facility while they process you into their electronic monitoring program.

If your DUI Lawyer in Orange County cannot get court approval for home confinement, you still may be eligible for another alternative to jail. For example, because the O.C. jail is so crowded, it is typical for those reporting to jail on a DUI charge to be given Community Work Program. Under this program, you would report every morning for a day of physical labor, such as picking up trash at an Orange County park. Afterwards, you would go home. One 10-hour day of work is equal to one day of custody.

If you face conviction for DUI in Orange County and would like to consult with an experienced DUI Lawyer in Orange County about sentencing options, call the Law Offices of EJ Stopyro at (949) 559-5500 to today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.
Law Offices of EJ Stopyro
Orange County DUI Attorneys

Discovery: What It Means In A Criminal Case In Orange County

Criminal Defense Lawyer in Orange County

If you are facing charges for domestic violence, drug possession, drug sales or any other crime in the Orange County courts then you and your Orange County Criminal Defense Lawyer have the right to know what evidence the District Attorney has against you. The obligations of the District Attorney and your domestic violence attorney to put their cards on the table is referred to as “discovery”. In a domestic violence or other criminal case California Penal Code Section 1054 requires the DA to provide the following:

1.      The names and addresses of persons the prosecutor intends to call as witnesses at the domestic violence, theft, burglary, drug sales, drug possession trial or trial for any other criminal offense

2.      Statements of all defendants

3.      All relevant real evidence seized or obtained as part of the drug sales, drug possession, domestic violence or other criminal investigation

4.      The existence of a felony conviction for DUI, theft, domestic violence or other crime of any material witness

5.      Any exculpatory evidence in the assault & battery or other case

6.      Relevant written or recorded statements of witnesses in the drug case, domestic violence case, or other criminal case or reports of any statements made be witnesses the DA intends to call at trial.

Other information or discovery that your criminal defense attorneys in Orange County may want to obtain, depending on your case, is information about any complaints against the arresting officer for misconduct. This is called Pitchess discovery. Your criminal defense lawyer may also want to get records or information from a third party. Your defense attorney can use a subpoena duces tecum to do that. Your lawyer can also use the subpoena process to compel just about anyone to appear as a witness at the trial.

In cases where the police destroyed some evidence during an investigation for domestic violence or didn’t preserve evidence in a drug possession case, an Orange County domestic violence lawyer and a drug attorney were successful in filing a motion for “sanctions” at trial. Other discovery your defense lawyer may want is a “lineup” whereby the witness is required to identify the alleged defendant out of a group of fairly similar looking people.

If you are facing criminal charges and would like to consult with  experienced Orange County criminal defense attorneys, call the Law Offices of EJ Stopyro today at (949) 559-5500. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

DUI Lawyers in Orange County