Learn Whether You Will be Taken to Jail When You Appear in Court for DUI Charges Under California Vehicle Code 23152
This is a good question and I get a lot of people who are obviously concerned that although the police may have let them go or they posted a bail, they will be taken to jail when appearing in court.
They're afraid that the judge is going to take them into custody because they're being charged with a DUI or whatever other charges come along with that DUI under California Vehicle Code 23152.
The answer to the question is, sometimes people are taken into custody for a DUI when they go to court. I don't think it's a very usual circumstance.
In fact, I would say it's an usual circumstance, because most of the time, the police, when they book the person if there's going to be a situation where bail is necessary, they're going to have him post that bail and the judge will usually let that bail stand in a DUI case.
Prosecutor Filing DUI Charges
However, when the prosecutors get the case from the police and they review everything, they're the ones who decide what charges to file. That's why I have to correct people a lot and they say, well the police charged me with this.
The police can't charge anybody with anything. They can just book you for something they think you did and then the prosecutors, who are lawyers, are going to make the final decision on whether they were right.
Also, whether the charges should be elevated to something higher, which would cause your bail to go up and could cause you to go into custody. That's the one area where you might go into custody for a DUI case.
Sometimes the prosecutors decide the police were wrong, especially if your attorney can get in their ear, if you hire an attorney early and they don't file the case at all.
Retaining a DUI Lawyer
Other times, they file exactly what the police arrested the person for and if that's a DUI, then you can expect you're going to get charged with a DUI. You'll hire your lawyer. Your lawyer will go in:
- enter a not guilty plea on your behalf,
- get the discovery in the case, which is the paperwork, review it with you, and
- then you'll both decide exactly how you want to handle the case.
Where bail gets a little bit hinky in these DUI cases is when someone's blood alcohol level was very high at the time of the incident or they were going extremely fast or dangerous, or they got into some sort of an accident.
If the judge finds that out, the judge is then going to be concerned. That person may be a danger to the community. They may have an alcohol problem that needs to be addressed before they get bail.
AA Meetings Due to High Blood Alcohol Level
What they do in that circumstance is, they say to the lawyer, I'm going to release your client on his or her own recognizance on a promise to appear, but I'm going to order them to do a certain amount of AA meetings per week, because their blood alcohol level was so high.
I'm concerned they might continue to drink, get in the car again an kill somebody and then I'm going to feel responsible as a judge for letting him go on his own recognizance.
So, that's one weapon in DUI cases that the judges have to order people to do AA meetings while the case is pending, so they can make sure if they do have any alcohol problems, that hopefully that will help them think about it and do something about it.
Criminal Lawyer for DUI Charges in Los Angeles
So, if you or a loved one was arrested for a DUI in Los Angeles county, the San Fernando Valley, I've been doing this now for almost 30 years.
I've handled thousands of DUI cases in all of the 38 courts in Los Angeles county.
I know what it takes to keep you out of jail. I know what it takes to protect you, our rights, your reputation and your liberty.
Pick up the phone. Ask for a meeting with Ron Hedding. You've definitely comes to the right place. I stand at the ready to help you.
Hedding Law Firm is a top-rated criminal defense law firm located in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436.
We serve people is all Southern California courts, including LA County, Orange County, Ventura County, Santa Barbara County, Hollywood, Torrance, Redondo Beach, Manhattan Beach, Riverside, and San Bernardino.
Contact us for a free case evaluation at (213) 542-0963.