How Will the Los Angeles County District Attorney's New Policy Affect a Felony DUI Under California Vehicle Code 23153?
Most felony DUI's under California Vehicle Code 23153 in Los Angeles County are prosecuted by the District Attorney's office.
There's a new Deputy District Attorney or head District Attorney that just took over and he has really vowed to:
- keep people out of prison,
- trying to get treatment for people, and
- he struck all enhancements and strikes in LA County.
Avoiding Prison Time for Felony DUI
So, the question becomes, if you or a loved one is charged with a felony DUI and facing prison time, will the new LA District Attorneys' policy help you avoid prison.
The answer is, there is a good chance it will, because all felonies in Los Angeles are now being viewed as probation cases.
If the prosecutors who are in charge of those felony cases, be they DUI or otherwise, want to send a person to prison, they're going to have to write a letter to their boss explaining why they think prison is appropriate over probation, and then obviously, they're going to get a response back.
So, if you or a loved one is charged with a felony DUI in LA, you need a defense attorney who can point out the mitigating factors and maneuver through a political system filled with pitfalls.
This is because some of the judge are trying to block some of these new policies that help criminal defendants in felony DUIs and otherwise.
So, you're going to want an attorney who can maneuver a case around some of these issues and try to keep you or your loved one out of prison.
DUI with Injuries
I've been doing this for 27 years. I've handled thousands of DUI cases over that timeframe, many felony DUIs. The problem with these felony DUIs is that someone is typically hurt. It's usually a serious injury, and not only do:
- they want restitution, but;
- they also want to send the person who hurt the individual into custody;
- whether that be getting a probationary sentence where you could get up to a year in the county jail, or
- whether that be getting a felony DUI where you can typically face a 3-year sentence in prison.
Now, with all of the jails being messed up, it's not really clear, even if you did get prison for a felony DUI, whether you'd actually serve it in prison or county jail because of (1) overcrowding; and (2) the Coronavirus.
They're not really moving people who are in the county jail into the prison, and since you start in the county jail if you're in custody, sometimes you end up serving a prison sentence in county jail.
Other Factors Impacting a Felony DUI Case
So, the answer to the key question, whether the new policies of the prosecutor can help you or a loved one who is charged with a felony DUI, the answer is yes. Of course, if depends on the:
- facts and circumstances of your case,
- how bad the injuries are,
- what your prior criminal record looks like,
- what your driving record looks like, and
- what your attorney can bring to bear mitigation-wise on your behalf to try to get you that favorable result.
So, if you or a loved one is charged with a felony DUI in Los Angeles and you're looking for the best attorney, you've come to the right place.
Pick up the phone. Ask for a meeting with Ron Hedding. I stand at the ready to help you protect your rights, your reputation and your freedom.
Hedding Law Firm is a criminal defense law firm located at 16000 Ventura Blvd #1208 Encino, CA 91436.
We serve people is all Southern California courtrooms, including LA County, Orange County, Ventura County, Hollywood, Burbank Santa Clarita, Valencia, Riverside, and San Bernardino.
Contact our office for a free case evaluation at (213) 542-0963.