Alameda County, CA Criminal Defense Law Firms & Lawyers | Page 2 Results

Yes, you can be convicted if they can prove you were driving under the influence , but they don't have to see it occur. Happens all the time, just as you described. They wouldn't have arrested without some evidence of being under the influence. CAN the case end up being reduced or dropped Sure. Is that likely, just because you want it No. The police and prosecutors don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight, and a reason to do so. If they arrest a person, they think they can convict them, and intend to do so. You should not be surprised to find the police reports describe in detail their suspicion and probable cause. A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV or the court upon conviction. Contact DMV and do so timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does. When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

You should be asking these questions of your lawyer. That is why you hired him/her. Knowing all the facts and circumstances, your lawyer is in the best and only position to answer these questions for you.

How did you choose that attorney? Did you have a referral? It is very hard to find to find a good attorney. Many people just select a lawyer based upon a mailing, or a glossy ad, believing that a large, color ad means that the attorney is successful. Many attorneys who earn very significant yearly incomes are terrible lawyers, or atleast,do nothing in most cases tominimize time investment and maximize profit. They are known as "dump trucks". You generally want to choose an attorneyin your area, who practices primarily in thecounty in which your case will be heard. You want an attorney who is experienced in that area of law and whose primary area of practice is the area of concern to you (in your case, Criminal Defense). Always avoid a lawyer who practicesseveral areas of law.Two advertised areas is about all you should see. No one is an expert in more than a couple of areas, but it is certainly not necessary that the lawyer only practice your area of law. I myself consistently achieve very positive results in both criminal defense and family law. You also want an attorney to handle the case personally, and do not want them tojust pay some anonymous attorney to make a 'special appearance' for a few bucks (so that they do not have to drive in from some other county from which you hired them, based upon a mailer you received in the mai). That attorney making the special appearance will have no interest in your case and no investment in the outcome. Lastly, will your attorney return your calls? Is the attorney responsive to your concerns and does he or she answer questions? If you have an appointed attorney, either a Deputy Public Defender or a conflict panel attorney (a lesser percentage of whom are usually competent than in the Public Defender's Office, though there is a wide variation in talent, experience and skill among attorneys in both offices in any County), then you can request a Marsden Hearing, in which you tell the Court why you feel your attorney has either done something he or she should not have done, or not done something he or she should have done. If your motion is successful, you will be appointed a different attorney on the Conflict Panel. If you hired a private attorney, you can fire the attorney at any time. You should request an accounting and ask for a return of any unused fees. If your case is fairly far along, you should not expect to see much of a refund. As a last resort, you can file a complaint with the State Bar, but unless your attorney has really fouled up, there will probably not be much result from that complaint, and I would think twice. On the other hand, if the attorney ripped you off, then by all means file a complaint. The other thing is that the Attorney is required to advise you that you have a right to arbitrate the fees within the County in which the attorney provided services to you. The State Bar would be interested to know that you were not advised of your right to arbitrate, should you and your prior attorney have a dispute regarding fees and a refund.