Frequently Asked Questions

Frequently Asked Questions

Q

Will I have to go to jail if I’m convicted of a DUI charge?

A

All DUI offenses, be it a first-time misdemeanor or a repeated DUI felony crime, are punishable with jail time. A first DUI conviction can result in a penalty of up to six months in jail while a third DUI felony conviction carries mandatory jail time of up to 120 days minimuin. However, it is possible to stay out of jail even after a conviction. A good DUI attorney in Los Angeles can help you bargain a deal with the prosecutor. This is why you should hire a veteran DUI attorney like C .Robert Brooks as soon as you can.

Q

Must I post bail in my case?

A

Bail is the sum of money that the court demands you to pay to be able to get out of jail. Under California law, the bail amount can be paid in form of cash, or bonds. In most DUI cases, the court demands a financial guarantee in the form of bail to ensure that you will appear in court as scheduled. If you make an appearance as requested during your court casel, then your bail amount will be refunded to you within 6-12 weeks. In some cases, bail is the only way to skip jail time. Discuss the possibilities with your Los Angeles DUI attorney for complete details.

Q

Will I have to go to trial?

A

The cause of trial depends on the class of charges pressed against you:

Federal offenses, like drug trafficking, are handled in the U.S. District Court.

Felony offenses, such as sexual offenses, murder, and DUI offenses are tried in state and federal courthouses, based on jurisdiction.

Misdemeanor offenses, like petty theft are handled in State court.

Q

What if I can’t afford a private DUI attorney?

A

If you can’t afford a private Los Angeles DUI attorney, you can try for free or low-cost legal services. Some Los Angeles lawyers also offer pro bono services where they represent low-income clients free of charge. For affordable services, get in touch with expert DUI attorney C. Robert Brooks.

Q

How long does a DUI case take to resolve?

A

The answer to this question depends on many factors. Here are a few things you should consider when choosing a DUI lawyer in Los Angeles.

  • Is the lawyer and his office responsive when you approach them? This will give you an idea of their attitude towards your case.
  • Is the lawyer transparent about their services and fee structure? Transparency is important when you choose a service provider of any sort.
  • Is your lawyer patient and unbiased? A judgmental lawyer will be conditioned by his own mind while preparing your case.
  • Is your lawyer willing to meet you in person and discuss your case in detail? Details are everything in any case. They can turn your case around.

How does your lawyer react when there’s a disagreement? It is natural for you and your lawyer to not share the same school of thought. The important thing is if he takes it well and explains his point of view to you.

Q

If I’m convicted of the DUI charge I’m facing, can I get it expunged?

A

California laws offer the benefit of expungement to individuals however, they have to meet the eligibility criteria set by the law:

  • The individual has been convicted of a felony or misdemeanor but was not incarcerated in the California state prison,
  • The individual has fulfilled the terms of their DUI probation,
  • The individual is not currently facing any criminal charges,
  • The individual was not convicted of one of the specific crimes that make someone ineligible to receive a California expungement for example, sexual offenses especially against children.
  • The individual has been convicted in a state court, not in federal court.

In any case, it is best to consult with an experienced DUI lawyer in Los Angeles to be sure.

Q

What can a DUI lawyer do to help me in court?

A

A DUI lawyer in Los Angeles can defend you by presenting evidence and offering arguments in your favor. Lawyers have knowledge of the system and have contacts in local judiciaries as well that can help you plea bargain or more. They can also counsel you on your legal rights and suggest the best courses of action in a matter. Furthermore, they can help you point out discrepancies and details that you might have missed.

Q

Do I really need a DUI lawyer?

A

Yes, getting a DUI lawyer in Los Angeles is your best course of action as soon as you are charged with a DUI offense. No matter how minor or severe the charge, having a professional by your side who is well equipped with the knowledge of the judiciary will always work out in your favor. Furthermore, dealing with all the formalities and paperwork can be daunting. An experienced Los Angeles DUI lawyer like C. Robert Brooks can help you out with that effectively.

Q

What is the difference between a DUI felony, a misdemeanor, and an infraction?

A

A DUI felony is considered the most severe classification of DUI offenses in California which can result in serious punishment and penalties. A DUI felony involves 4th DUI offense in 10 years, DUI with a minor involved or causing an injury while violating DUI laws. This carries penalties such as a jail sentence and a permanent criminal record. In most felony charges, a DUI attorney will attempt to reduce the charges to a misdemeanor.
A misdemeanor DUI is less serious than a felony. Generally a first, second, and third DUI offense are treated as misdemeanors. Penalties for a misdemeanor are based on the severity of the charges. Usually, the penalties include a minimum jail time and fines, however, in some cases there may be additional charges like carrying a criminal record. A DUI infraction is the lightest DUI offense which is when the suspect is under 21 and has a BAC under a .05. There are different charges for a BAC .05 and BACs between .05 and .07.

Q

How much is this going to cost me?

A

Obviously, that depends on a number of factors, not least of which is what you have been charged with. There is an adage that “good lawyers are not cheap; and cheap lawyers are not good.” That said, I believe in charging my clients a reasonable fee and I make sure I do my best to earn it.