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.
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.
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 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:
Someone charged in federal court for possession of drugs, or drug trafficking, or conspiracy is subject to considerable time in federal prison upon conviction. Federal mandatory minimum sentences are five or ten years, based on the type and quantity of drug possessed.
An interesting question that’s the subject of much debate within the legal and scientific community right now. The current answer (unless there is alcohol involved as well) is that there’s no established level of intoxication for meth (or any other drug). Scientifically, there are a number of studies that suggest that some individuals actually drive better, are more alert, with certain amounts of meth in their system. The legislatures in many states are taking a serious look into this, and for many drugs, are attempting to pass statutes prohibiting the use of any amount in the system when operating a motor vehicle despite this scientific uncertainty.
With no knowledge of the details or the facts of the incident, it can be difficult to say whether or not the officer overstepped his authority, although I am tempted to say yes. It may be precisely what the officer didn’t tell you — i.e., why he stopped the vehicle to begin with — that gives me pause. If he had probable cause to stop the vehicle for, say failing to properly signal a turn (an exceedingly common justification), then he can legitimately stop the vehicle. The remainder of the scenario is more complex, particularly with your friend in the back seat who is on probation.
Any person charged in federal court could face an enhanced sentence if he/she has previously been found guilty of a felony drug offense. 21 U.S.C. 851, also referred to as Section 851, is a subsection of the Controlled Substances Act, which allows federal prosecutors to use a defendant’s prior felony drug conviction to subject the defendant to an increased sentence in a current case. Federal prosecutors can use a prior drug conviction to enhance sentences in current drug, firearm or immigration cases.
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California Penal Code 1000 permits for deferred entry of judgement for certain drug offenses. This provides drug offenders the opportunity to defer court proceedings for treatment and education about their addiction. Upon successful completion of a drug treatment program, the defendant may have the charges dropped from their record.
Typically, the defendant enters a guilty plea to the charge(s). If the judge determines that the defendant is a qualified candidate for drug diversion, he/she will postpone the criminal proceedings typically for a period of time ranging between 18 months and three years while the defendant participates in a drug rehabilitation program.