Criminal Law Resources

What To Do If You Are Arrested for a DUI in California

If you’re arrested for driving under the influence, you have 10 days to request a hearing with the Department of Motor Vehicles. If you do not, you lose your right to the hearing. What makes it crucial that you request a hearing? In most counties, you won’t have your first court appearance for 45 to 90 days from the date of arrest, which means up to 3 months may have passed before you or your attorney can even review the police report. If you fail to request a DMV hearing, your license will automatically be suspended 30 days after your arrest. If you request a DMV hearing, you’re entitled to obtain “discovery,” which generally includes the police reports. You might be also entitled to a “stay” of your license suspension, meaning you get to keep driving until the DMV comes to a decision regarding whether to suspend your license.

The "Safety Valve" in Federal Drug Cases

Someone accused in federal court of drug trafficking or drug conspiracy can face an exceptionally harsh sentence of ten years or more as a “mandatory minimum sentence” under the Federal Sentencing Guidelines. A talented and careful criminal defense attorney can make use of the “safety valve” to steer clear of such harsh sentences often times. An unsuccessful effort to qualify for the safety valve can backfire, however, and could cause the accused to suffer a significantly longer sentence than if the accused hadn’t sought the safety valve. It is extremely important that the criminal defense attorney possess a thorough understanding of how the safety valve works, and know how to increase the odds that his client will be eligible for it.

Checklist for Selecting a Criminal Defense Attorney

There is a limited amount of time a single attorney can devote to a case and occasionally one case can quickly overwhelm a lone attorney. When an attorney has a team to assist, the attorney can maximize his/her time by coordinating activities and getting tasks done while the single attorney may be stuck in court all day.

With Hammerschmidt Law Corporation, you’re getting skilled attorneys accompanied with a highly qualified and efficient team that will help deliver the best result achievable. Additionally, we often “roundtable” cases with the attorneys in our firm to gather the unique experiences and expertise of our firm. When you hire Hammerschmidt , you’re getting a dedicated team focused on getting you an exceptional outcome.

Marsy’s Law – The Victims’ Bill of Rights

Marsy’s Law significantly expands the rights of victims in California. Under Marsy’s Law, the California Constitution article I, § 28, section (b) now provides victims with the following enumerated rights:

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