El Monte DUI Lawyer
I've been practicing in this court since I've been an attorney for twenty-five years now, handled many DUI's there and have a pretty good feel for how things work. One thing you have to realize is once you get arrested and cited into the El Monte court, usually what happens is after you hire your attorney, your attorney will appear for you it he court at the first court appearance, pick up the paperwork which includes the arrest report, whatever your blood or breath result was and all of the information related to the case.
Reviewing DUI Case with Prosecutor
What I do is sit in the court and review it and then I talk to the prosecutor about the case and kind of get some insight from them as far as what they're thinking about the case and then I say, I'm just getting the paperwork today.
I'm going to continue the case for a few weeks and give my client a chance to review everything. My client and I will talk about it and then we can discuss whether this is a case that can be resolved, whether some sort of a motion needs to be filed on behalf of the DUI defendant, or whether it's a case that needs to go to jury trial.
Obviously, this is something I'm going to discuss with my client after we both review the paperwork. I will enter the not-guilty plea or even sometimes I will continue the arraignment in the El Monte court and then I will let my client review all of the paperwork related to the case and then we'll sit down and go over everything and get our strategy together.
The next appearance will either be the second arraignment if we continue the arraignment or it will be a pre-trial on a misdemeanor DUI case, and at that point the prosecutors will be prepared to discuss negotiating the case.
Plea Bargain vs. Trial
We can decide if this is a case that needs to be negotiated with a plea bargain or whether it's a case that needs to go to trial. We'll get the parameters of what the prosecutors are offering. Of course, we can submit our own offer. We can submit a counter-offer after the prosecutors make an offer, and then ultimately we will make a decision whether this case is going to be resolved or whether the case is going to go to trial.
Typically, on a case in El Monte and most of the courts in Los Angeles county are going to offer a first-offender a three-month alcohol program, $390 plus penalty assessment and there's a 200% penalty assessment in all criminal courts in Los Angeles.
They'll request that the person be given three years of probation and there's other terms and conditions that can apply, like jail time, community service, Cal Trans, there's longer alcohol programs — there's a six-month, a nine-month, an eighteen-month and a thirty-month DUI alcohol program.
All of this is negotiable and obviously, you're going to want to look at the key factors in a DUI case that make the difference, such as how high your blood alcohol level was, how your driving was, how dangerous you really were out on the road and what types of things your attorney can bring to bear to point out issues in the case that relate to your case.
Obviously, you're not going to point out all of the same issues in every single DUI case. It's going to have to make sense related to your particular client, the blood alcohol level, the circumstances of their arrest and the surrounding circumstances of the case.
So, if you've got a DUI in the El Monte court, pick up the phone. Let's sit down and talk and see what I can do to help you.