Los Angeles Criminal Lawyers Blog

When you have been convicted for an offense in violation of the California Penal Code, it is accessible to future employers, educations institutions and financial institutions. It may influence many aspects of your life.

However, you may have the option of successfully expunging your record. In order to qualify for an expungement, you must have successfully completed all terms of your probation. This means that If you were ordered to pay a fine, asked to complete community service, or were ordered to complete any alcohol education or other rehabilitation classes, that you have completed them.

For example, David has been convicted of a DUI. As a part of his sentence, he was asked to complete 3 months of a alcohol education class, and to pay a fine of $2,000, as well as 3 years of summary probation. He successfully completes the 3 years of probation, and he completes all of his court ordered classes, providing the court with proof of enrollment and completion. However, he does not have the money to pay the court so he has been slowly making payments towards the fine over the 3 years he has been on probation. He still owes a balance of $200.00. David would not qualify for an expungement until he finishes paying the balance on his court ordered fine.
In addition to completing all orders of probation, the person asking for an expungement must have attended all court ordered appearances. If there is a review hearing regarding probation, or a probation violation hearing stemming from the original charge, the person must have attended all appearances.

Furthermore, the person requesting expungement must not have commited any new crimes while on probation. Additionally, the person requesting expungement must not be currently on probation for an additional conviction, serving a sentence for the additional conviction, or currently being charged with a conviction.

Lets assume that from the example above David had completely paid off the balance on his prior conviction and had successfully completed all provisions of his probation. However, during the last year of his DUI probation, David was charged and convicted of petty theft. He is currently completing his first year of a three year probation sentence. David would not be eligible for expungement.

Expungement is a viable option for many people. However, it is a strict process and you must meet all the requirements if you are to successfully obtain an expungement. It is a good idea to speak to an experienced Los Angeles Criminal Defense attorney so that you may learn whether the facts of your conviction would make you eligible for an expungement. The attorney will speak with the court and research your criminal history, as well as the Judge's orders to determine whether it is a good move for you to request an expungement.

After a person has been convicted of a Los Angeles criminal offense, they may have the option of requested and being granted an expungement. An expungement will seal their records so that it is not accessible to potential employers and educational institutions. In order to qualify for an expungement, a person must have completed all terms of their probation, and must not currently be charged with or serving any part of the sentence of an additional criminal charge or conviction.

If you have a probation violation, you may be ineligible for an expungement. However, with the help of an experienced and knowledgeable Los Angeles Criminal defense attorney, you maybe be able to prepare a powerful argument as to why you should be granted an expungement, despite your violation.

The court will take into consideration several different factors. One will be your overall performance during the period of your probation. For example, if there is one probation violation but the person has followed all terms of the probation for the entire period, the Court will take the good behavior into consideration.

The court will also consider the seriousness of the underlying offense that led to the probation. If the crime is something that is more serious than other offenses, the Court will tend give great weight to the request for expungement.

For example, if David is convicted for drunk and disorderly conduct, and Dan is convicted for a felony DUI, the court will be more hesitant to grant an expungement to Dan in comparison to David when they have a probation violation.

The Court will also look at your criminal history. If it is extensive, then the Court will be more hesitant to allow for an expungement if you have a probation violation, than if you have only one offense on your record.

The Court will also consider any other evidence that you present in regards to why you deserve you request for expungement to be granted. If you have a Los Angeles Defense lawyer to present your request to the Court, they will be able to gather evidence and support their argument as to why the expungement should be granted.
Such support may come from letters from friends and family, demonstration of your strong ties to your community and church, and even your excellent work and employment with your employer.

If you are looking to get your past conviction expunged, it is in your best interest to contact an experienced attorney that does expungements. It will ensure that you have the best possible chance of getting your expungement granted. An expungement could really open doors for you when you have successfully completed your probation, including the inability of employers to question you in regards to your conviction and for educations institutions as well.

Many of our clients request that we help them with their expungement as soon as the terms of their probation are successfully completed. Many of our clients do qualify for an expungement, even though many do not. Those that do not are restricted from doing so by law, otherwise, we are able to prepare a strong argument as to why they should be granted their expungement.

An expungement will help seal your criminal records so that potential employers will not be able to take the conviction into consideration or ask you in an interview as to its existence.

If you went to State prison for your conviction, you may not be eligible for an expungement. Let's assume that David was convicted of a felony DUI. His charge was a felony because he caused serious injury to a pedestrian. As a result, the Judge sentenced David to serve a year and six months in state prison. Due to David's time in state prison, he would not be eligible to request and be granted an expungement.
Those that are convicted of crimes involving sexual assault on a child would not be eligible for an expungement. For example, any conviction of Penal Code section 288. Statutory rape would also fall under this category and is not an expugnable offense.

The court will not take into consideration whether you were wrongfully convicted, or whether there were other facts or evidence to be considered. That is a matter for appeal, not a matter to be raised at the expungement hearing. Additionally, a case would still have to be expunged if you pled no contest.

Many of our client also request that a misdemeanor DUI be expunged. While it is more difficult to get a DUI expunged, it may be possible with the right argument. An expungement is up to the discretion of the judge, and therefore a powerful argument can help actively persuade the Judge.

If you have a DUI conviction, it can negatively affect your record. Employers may check your background and educational institutions may also ask for your background and an explanation. In those situations, it is best to remove any convictions from your record if at all possible.

Consult with a criminal defense expert, and one that has experienced expunging DUI convictions. If you meet all the requirements, an attorney can gather additional evidence that will help provide the Judge with a reason to have your conviction expunged.

When you have been charged with a criminal offense, you have not yet been convicted. To be convicted you have to either plead that you are guilty, or the Court must prove that you are guilty beyond a reasonable doubt. That is your right as a person.

It is important that you are fully aware of the strengths and weaknesses of your case before you plead to anything, and before you prepare to go to trial. In addition, it is necessary to know if you have any applicable defenses so that you are fully prepared in Court when you are asked to present you case before a Judge.

An experienced San Diego criminal defense lawyer deals with cases like yours everyday. They know the Judges, and the prosecutors and would be able to inform you what the strengths of your case would be. They would also let you know what the weaknesses are and work hard to accommodate for those weaknesses so that you can get the best possible results.

In Court, you do not have to make a court appearance if your case is a simple misdemeanor. Your attorney can appear for you. Your attorney can also negotiated and discuss your case with the prosecutor directly, as soon as they walk into the courtroom. Someone who is not represented must wait their turn to come into the courtroom and wait until their name is called.

Attorneys get first priority in the courtroom and can be in and out in a matter of minutes. They also are able to collect any discovery right then and there in the courtroom. Discovery is any police reports and statements made by the officers at the time of the arrest, as well as arrest reports.

The attorney also has a reputation with the courtroom so that they are able to talk frankly with the prosecutor and determine exactly where the case stands. Knowing where the case stands can help the attorney prepare for the upcoming court appearances.

Let's consider an example. Adam is Dan's attorney. Dan has been charged with a DUI with a blood alcohol level of .09. Adam is a regular in the Court that Dan is being tried, and knows Paul the prosecutor pretty well. Adam knows that Paul is not too harsh on DUIs where the BAC is .09, and Adam knows that Paul is likely to reduce the DUI to a reckless driving if he approached with ample positive evidence. That is how Adam proceeds and gets the DUI dismissed for Dan.

In comparison, David is representing himself. He gets to the court house an hour before his court time because he must wait in the long line. He then waits for an hour plus outside the courtroom and inside, waiting for the Judge to call his case. Once the Judge does, David is told that he was driving with a blood alcohol level higher than the legislative limit of .08. David believes he will be convicted of the DUI and immediately pleads guilty.

The scenarios outline why it is so important to have legal representation inside court and throughout the entire legal process. Consult with a professional as soon as possible.

When you have been arrested on suspicion for a criminal offense, it is in your best interest to seek the counsel of an experienced legal counsel. There are two options when it comes to retaining legal counsel; securing the help of a public defender, or hiring a private criminal defense attorney.

A public defender is a court appointed lawyer who will help defend you in your case for a cost that is reasonable in comparison to your income. Whereas a public defender is in the courtroom every day and knows the prosecutor and Judges really well, they are also incredibly swamped with a caseload.

Lets consider Peter, the public defender. He works in the Courtroom and sees about 30 to 40 clients a day. As the Prosecutor speaks to each client, Peter has about 10 minutes to speak to each person about their case. He doesn't get the opportunity to call around to friends and family, to look into the background of your case and to discuss the details of the facts with you. All of these are extremely important to your case and to the successful outcome of your case.

Private defense attorneys are generally busy, but they have the option to pick the cases they can competently handle and are able to dedicate time to. They are not given hundred of cases by the Judge. Private criminal defense attorneys do cost more than a public defender but many of them have many different reasonable options.

The Law Offices of Ronald Hoffman set up affordable and reasonable payment plans. Although it is general procedure for attorneys to require a retainer, our office works with you to set up a payment plan so that you can pay as you can afford it, while you still receive competent and professional legal help.

In order to prepare a good case for you, the attorney must do some research into your criminal past, and discuss with the Prosecutor the facts of your case and what negotiation he may offer. The attorney will also request and review the police report, arrest report and any audio or visual tape that may be available. The attorney will also prepare using the evidence he has gathered for a DMV hearing if it is applicable. A public defender will not prepare or represent a client at the DMV hearing, the client must represent themselves or hire private counsel.

If you are currently having a difficult financial time, it does not mean that you have to go without excellent legal representation. Consult with a Los Angeles Criminal Defense attorney that understands your situation and the importance of having an attorney represent you. The attorney can sit down and discuss with you a reasonable payment plan that will allow for you to achieve all your goals without adding additional stress to your life.

When you are convicted for a violation of the criminal code, a part of your sentence will likely by probation. There are two types of probation; informal and formal. Formal probation requires that you check in with a probation officer and follow specific guidelines and restrictions. Informal probation does not require that you check in with any officer but it does require that you refrain from violating the terms of your probation by committing additional crimes or being arrested on suspicion of criminal offenses.

A probation violation is it's own separate offense, and may carry with it, its own penalty. When you have been charged with a probation violation, you will be required to appear before the Judge and explain your situation. The Judge will then determine whether he will reinstate the probation or if there will be further penalties to the charge.
For example, David was caught shoplifting a nice shirt and was charged with misdemeanor petty theft. As a term of his sentence, he was put on three years of summary probation, which is informal probation. A year or so later, David was caught again shoplifting some pants. The second time he was not only charged with petty theft, but also a probation violation because it was a violation of the terms of his sentence to get arrested again for another criminal offense.

The Judge will then review the terms of the probation and review the facts of the violation. It is up to the Judge's discretion to determine whether he will reinstate the probation and deal with the additional charge separately or to reinstate probation.
If you have a probation violation on your record, it could also potentially cause an obstacle for you to successfully receive and expungement in California. It is again up to the Judge's discretion to consider the facts of the probation violation and your behavior throughout the probationary period to make a determination of whether the expungement may be granted.

It is important to carefully follow the terms of your probation if you have been convicted of a crime. If for whatever reason you have violated the probation and are currently being charged, then it is crucial that you consult with a Los Angeles Criminal Defense attorney so that they can prepare the best possible defense for you so that the probation violation is dismissed. Dismissing the probation violation will keep a criminal conviction off your record, and will make obtaining an expungement a lot easier when it is time for you to go through the process.

When you have been arrested for a violation of the California Penal code, it is a good idea to consult with an Immigration attorney along with a Southern California Criminal lawyer. Some criminal cases will cause an immigration hold to be put on you if you are not in the United States legally, or have status that has expired or needs to be renewed.
If you are arrested for a criminal offense, and are not in the United States legally, you will be taken into custody by the Immigration Court after completion of your criminal case. The Immigration court will determine whether you qualify to stay in the United States or you will be deported due to the criminal conviction.

Certain kinds of offenses are grounds for immediate deportation. However, many criminal convictions are not and will not be grounds for immediate deportation, but instead, you will have the opportunity to be heard by the Judge.

Immigration Court is a completely different entity from the criminal court. The immigration Judge will not hear any of the facts, evidence or merits of your criminal case. They have no authority to reverse the criminal conviction or change the ruling a criminal judge has issued. In fact, they can only look at the final outcome of your case and do not have any authority to review the facts.

For example, let's say that you have been wrongfully convicted. You were caught in a drug sale and had no knowledge or intent to be involved in the sale of drugs. However, the criminal Judge offers you a plea and you take it and plead guilty. That is a conviction that will go on your record, and a conviction the Immigration Judge must consider in hearing your immigration case. Despite the fact that you were not guilty, the Immigration Judge cannot hear your arguments.

Similarly, a Criminal Judge has no authority to hear any merits or facts about your immigration status. They can only hear and rule upon the evidence and facts they are presented regarding your criminal case. If you are not a United States Citizen, it is highly recommended that you consult not only a San Diego Criminal Defense attorney, but also an attorney who specializes in Immigration. We work closely with an Immigration attorney because it is a concern that comes up in many of our client's cases and we want our clients to be adequately informed about not only the criminal charges they are facing, but also the potential immigration consequences.

If you have been arrested and charged on suspicion of having violated a provision of the California Penal code, there will be a set date on which you will be scheduled to appear in Court. This first appearance is referred to as an Arraignment. At the arraignment you will be explained what charges are being brought against you, you will be advised of your rights, and the Judge will ask you to enter a plea of guilty or not guilty.

At this first hearing you will have the opportunity to speak to a Prosecutor and the Prosecutor will define the consequences you will face if you plead guilty at that first appearance. You will then be asked how you would like to proceed. Pleading guilty will conclude your case and you will be sentenced the consequences the Prosecutor has offered.

You also have the option to plead not guilty. If you plead not guilty, the Judge will set another court date referred to as the Pre-Trial. The Pre-Trial will be before another Judge and in another courtroom.

This is a very big decision, as it can determine whether or not a criminal charge remains on your permanent criminal record. How do you know which decision to make, and whether it is the right one. It is an incredibly stressful situation because you do not know what your chances are of winning your case if you plead not guilty, and you do not know if pleading guilty will save you unnecessary expenses and time if you are going to be convicted at the end of trial.

Another significant issue to remember is that the offer, or plea bargain made by Prosecutors at your arraignment will be taken off the table if you plead not guilty, and another will be offered at Pre-Trial. The second offer may not be as generous as the first offer, but it may also be a lot better. Therefore, the decision is a difficult one and must be made with plenty of knowledge and experience .

This knowledge and experience is best found by consulting an experienced San Diego Criminal attorney who has been in Court thousands of time and can advise you from experience whether the facts of your case would benefit from pleading guilty or not guilty.
Oftentimes the facts of the case will dictate that the case should be reduced or dismissed and do not rise to the level of a conviction. In those situations, a professional would advise that you plead not guilty and push the case to trial. In contrast, if there are facts that strongly lean towards a conviction, it may be best to plead guilty and accept the lowest possible sentence available instead of risking a higher penalty at trial.
Regardless of which way your case leans, one thing is for sure, consulting with a knowledgeable San Diego Criminal lawyer will help guide you towards the right decision!

When a person has been taken into custody during a criminal arrest or charge, they will remain in custody until a bail has been set. Most often, the person is released and bail is set in 4 to 5 hours. However, in some situations, the person will remain in custody until a hearing is conducted on what amount to set bail.

The cases in which a hearing will be required in order to be released on bail, are cases that the Court feels are very serious, and ones in which the Court believes there is a flight risk, or the person will be a risk to society.

The Judge will look at many different factors to conclude that a person is a flight risk. For example, if the person has many past bench warrants, it is a reasonable conclusion to make that the person does not take their court dates very seriously and is likely to not appear. A bench warrant is issued when a person does not appear on a scheduled court date. When the person does not appear the Judge will issue the warrant and officers are to bring the person into custody if he or she is found.

The person may be found to be a risk to society if they have an extensive criminal history. For example, a person who has three prior DUIs and is brought in on a fourth will likely require a hearing before bail can be set. This is because the Judge believes the person has not learned their lesson and continues to drive while intoxicated and therefore continues to put people's lives in danger by being on the road. As a safety precaution, the Judge will ask that all the facts be heard before decided if and what bail will be set at.

An experienced Los Angeles Criminal lawyer can represent you at a bail hearing. Since the Judge is looking at two issues: 1) the person is a flight risk and/or 2) the person is a danger to society, the lawyer will present facts and arguments that will demonstrate to the Court that the person is not a danger to society and they are not a flight risk.

The legal professional will do this by proving to the Judge that the person being tried has a steady job that they would not leave readily, that they have ties to the community such as a group of friends, family, obligations that would prevent them from leaving or running from the county.

Many attorneys will gather positive letters that corroborate their arguments and leave the Judge with no choice but to conclude that letting the person out on bail will not be a threat to society nor will it undermine the court. If you or someone you know find themselves in custody and need someone to help prepare a powerful argument that will demonstrate that there is minimal risk in allowing them bail, contact a criminal defense lawyer right away.

Many of our clients cases have a setting for an early disposition proceeding and they want us to represent them on the scheduled date. Early disposition proceedings are not common to every courthouse, nor will every court require it as a hearing. However, the few that do require that you attend, and also recommend that you seek representation by a Los Angeles Criminal Defense lawyer.

An early disposition proceeding is more informal than a trial or official hearing before a Judge in criminal court. There is no Judge present, just the prosecutor and the person being charged for the criminal charge.

The early disposition proceeding is an opportunity for both parties to settle the case without having to litigate the issues in trial, or waste the court's time and money. During the proceeding, the attorneys will discuss the facts, negotiate the possible consequences and make a determination as to whether they should settle the case or proceed to trial.

Let's consider an example. Suppose David was driving home and he swerved to avoid hitting a dog that was loose on the street. In doing so, he struck a parked car along the road. He stopped and left his name and number on the windshield. However, it was a windy day and the note David left blew away. When David did not hear from the driver of the damaged car, Victor, he went back to check and see if there was any damage and if he could help. The owner of the damaged car had reported the incident since he never received the note. After speaking with David, Victor reached a civil compromise with David in which David paid for the damage to the vehicle and Victor no longer felt a need to press any charges. Unfortunately, the officers had already filed a charge against David and the charged require he appear in Court. David had been charged with a Los Angeles Hit and Run. He appears at the arraignment and pleads not guilty, because he had attempted to leave a note and done his part.

At the scheduled early disposition proceedings, David's experienced Los Angeles hit and run lawyer explains that there is a civil compromise as well as the fact that the Prosecution will not meet the burden they have to prove each element, because David had in good faith attempted to leave contact information so that Victor would be able to contact him.

Early disposition proceedings give a person an opportunity to settle criminal cases through evidence and negotiation without the formality and costliness of Court. It is always a good idea to be represented by a legal expert in one of these proceedings as it could lead to a dismissal or reduction of your case.

Many of our clients come into our office after having been charged with a Los Angeles Hit and Run asking about the potential consequences and what legal advice they should take. There are many things you can do with the help of legal counsel that will help mitigate the consequences even before the first scheduled court appearance.

Lets consider an example to help explain what steps can be taken to mitigate the consequences of a hit and run. David is driving home one night and accidentally hits a parked car. Because David does not have insurance, he does not want to deal with the consequences and so he drives off without informing the driver of the parked car of his contact information or the fact that he accidentally hit it .The driver of the parked car, Victor, contacts the authorities and it is determined that David was the one who caused the accident. David is charged with a hit and run and hired an experienced Los Angeles Hit and Run lawyer.

The lawyer immediately gets to work preparing David's case. It is important that the professional demonstrates to the court that David is not a bad person, that he is a good citizen and a positive person in his community. In order to do this, the attorney will have David's friends and family prepare letters and testimonials attesting to David's character. Additionally, the attorney will want to give the court David's resume that shows he is employed and working, and if not, he is working hard to obtain employment.

Furthermore, the attorney will work at preparing a civil compromise. A civil compromise is an agreement between the person who caused the hit and run and the injured party to make amends. For example, the lawyer will talk to Victor and ask Victor how much the damage was. Then the legal professional will ask Victor if David pays for all injuries and costs, then he can help prepare a civil compromise to give to the judge in the hit and run case.

The civil compromise does not guarantee that the hit and run case will be dismissed, but it does give it a strong probability of being mitigated. If there are no pending injuries, and the party that was injured has been compensated, then there is a strong argument that there is no need for further penalties.

Obtaining a civil compromise can be time consuming and difficult. It takes negotiation and years of experience. Therefore, it is always advisable to see the counsel of an experienced Criminal Defense lawyer so that your case has every possible change of being dismissed.

California Penal Code §415 refers to Disturbing the Peace. A charge under PC 415 can be either a misdemeanor or an infraction depending on the facts surrounding the case. However, a PC 415 is generally a lesser charge so that it does not have as harsh of a consequence as other potential sentences. Additionally, a PC415 look more favorable on a criminal record and can be explained more easily than another more serious charge.

Let's consider an example. Let's say that David has been charged with a drunk and disorderly conduct under California Penal Code § 647(f). This can be charged as a misdemeanor and possibly a felony. It cannot be charged as an infraction, which is the ideal charge if the case cannot be dismissed. An infraction includes lower fines and no jail sentence as part of its potential sentence. When a Los Angeles Criminal Defense attorney appears on your behalf at the first court appearance they will be given a standard offer.

This first appearance is called an arraignment. At the arraignment the attorney will be expected to put in a plea on behalf of their client. The main goal at the arraignment is to try and negotiate with the District attorney or the City attorney to reduce the criminal charge or have it dismissed altogether. If the charge can be reduced to an infraction within the statute, the attorney will push the government attorney for that option.

However, if the statute does not allow the Court any authority to reduce it to an infraction, then it won't be possible. This is the case if a person has been charged with Drunk and Disorderly conduct under California Penal Code §647(f). The criminal defense lawyer cannot ask the district attorney to charge their client with a drunk and disorderly infraction because the statute would not allow it. In those situations, the attorney will ask for a different charge, one that allows for an infraction.

Most often the infraction that attorneys will ask for is a Disturbing the Peace, which can be reduced to an infraction. By having the charge reduced to an infraction the attorney can prevent the charge from having to be reported to employers, and educational institutions. Additionally, the sentence associated with an infraction is a significantly lower and usually includes no possibility of jail time.

Having a charge reduced takes skill and experience with negotiations. It also helps when an attorney is experienced and is familiar with each district and city attorney as well as the Judges. Having a misdemeanor on your record means that you have to wait until the probationary period is over to have it expunged. Until then, you must report and explain the charge and conviction to possible employers, schools and other institution.

Furthermore, your potential sentence could include fines upwards of $1,000.00 as well as possible jail time. Make sure you have an experienced Los Angeles Legal Advocate to fight hard for you and have your case reduced.

Many of our clients are confused as to the difference between a civil case and a criminal case. Many may have two pending and they do not understand how that can be possible. Civil and criminal court are two very different court. They follow different procedures, different statutes and can be started simultaneously from the same set of facts.

Let's consider an example. Let's say that David and Victor are at a bar. There is a heated discussion between the two men and David hits Victor. The authorities are called and David is arrested and taken into custody by officers. He is additionally charged with a Los Angeles assault under California Penal Code §240. Additionally, Victor has opted to sue David for a million dollars worth of damages in civil court. The question many of our clients have is if David can have both cases filed against him. The answer is yes.

When a person has been charged in criminal court, the case is between the government, or the State, against the defendant, in this case David. The person who was allegedly injured has relatively little say whether the charges get filed or not. That is up to the District attorney or city attorney's discretion. The government attorney will also offer plea bargains, similar to negotiations, to get the defendant to plead guilty to a lesser sentence or charge and have the case be completed.

Civil court on the other hand can be the product of extensive litigation. When a case is filed in civil court, it is between parties. The government is not the one bringing the suit. The alleged victim brings the suit and states damages they have incurred for the harm. In this case, if Victor brings a civil suit against David and asks for damages, he is likely going to argue that David injured him and cost him extensive medical bills, loss of wages, emotional stress and so forth and so on. Whether these allegations of damages are true or not will be a determination made by the Judge as each side begins to present their sides, evidence, arguments, testimony and the like.

If your case has been dropped in criminal court, this does not necessarily mean your case will be dropped in civil court. In civil court the case may only be dismissed either once the Judge has heard the evidence and arguments, and has made a determination, or both parties elect to settle the case or have it dismissed.

Civil cases are lengthy, costly and take an emotional toll on a person. Criminal cases can be settled rather quickly, especially with the help of an experienced Los Angeles Criminal Defense attorney.

When a person has been arrested for a criminal charge, they will be asked to appear before a criminal Judge. This first appearance is called an arraignment. At the arraignment the Judge will explain the charges brought against the person, and will read them their rights. These rights will include the right to an attorney and the right to a speedy trial among others.

At the arraignment the Judge will also ask the person charged to enter a plea of guilty, not guilty, or no contest. The person will also have the opportunity to speak to a Prosecutor and ask about the plea bargain. A plea bargain is an offer made by prosecutor's in exchange for a guilty plea. The government will offer the person charged a lesser sentence or a reduced charge if they plead guilty and forfeit their right to a trial.
For example, let's assume that Dan has been charged with driving under the influence. He did not damage any property, or injure another person. He complied with officers, has no prior criminal record and blew a .08 Blood Alcohol Level. Dan's Los Angeles criminal defense lawyer appears on behalf of Dan and negotiates with the Prosecutor. The Prosecutor gives the lawyer a plea bargain; that if Dan pleads guilty at the arraignment, the government will reduce his charge from driving under the influence to a reckless driving charge.

Dan consults with his experienced Los Angeles DUI attorney who instructs him to take the offer and plead guilty. A reckless driving charge will avoid having a misdemeanor on his record and will possibly avoid license suspension.

Dan must, however, accept the charge at the arraignment. If Dan chooses to plead not guilty he will lose the option to accept the plea bargain. Dan will then move onto the next stage of criminal proceedings, pre-trial. He will have the option to bargain at pre-trial but there is no guarantee that the offer given at the arraignment will be better or worse. It is a chance Dan will have to take if he chooses to decline the plea bargain and plead not guilty.

Oftentimes it is recommended to decline the offer at the arraignment and hold off at pre-trial. The pre-trial is held in a different courtroom. The person charged will be facing a different Judge and a different prosecutor. At the arraignment the Judge does not always have the authority to change the offer. At the arraignment the Prosecutor will look at the charge and give a standard offer. He or she will not know the background of the person or the facts of the specific case. In contrast, at the pre-trial the Prosecutor will have looked at the person's criminal history and the specific facts of the case before giving an offer.

That is why is is often recommended to wait until pre-trial to negotiation, however, there are many cases in which the offer at pre-trial will be worse than the one given at the arraignment. To accurately determine when an offer should be taken and when it should be declined, speak to a professional in the field as soon as possible.

When a person has been charged with a Hit and Run, they are being charged by the State. It is a criminal charge under the California Penal Code and other relevant code sections. Many times in a Hit and Run case, an experienced Los Angeles Criminal Defense attorney is able to negotiate with the injured party so that the criminal case may be dismissed.

This is done through the use of a civil compromise. For example, Daniel is driving home late at night and falls asleep at the wheel. He ends up driving his car into someone's fence. Daniel is scared that his insurance will go up and he cannot afford it, so he takes off and leaves the damaged fence. Eventually, Daniel is caught and charged with a Hit and Run. The owner of the fence learns that Daniel is the one who damaged his property. Daniel hires a Criminal Defense attorney that speaks to the owner of the fence who agrees that they will sign a civil compromise allowing Daniel to make full amends. The civil compromise will then be used in Criminal Court as a good faith gesture and to demonstrate that the injured party is no longer injured and all amends have been made and therefore the criminal case should be dismissed.

In contrast, consider a second example, with somewhat similar facts. Daniel is driving home and he is tired late at night. He falls asleep at the wheel and hits a fence. Not being able to afford higher insurance rates, he drives off. Eventually, Daniel is linked to the damage and a hit and run case is filed against him. The owner of the fence is informed of Daniel's information and he is named as the person who caused the damage. Daniel's criminal defense attorney attempts to negotiate with the fence owner to make amends for the damage, but the owner is adamant that the amount being offered will not be sufficient to fix the damage. Daniel refuses to settle because he is certain that the fence owner is asking for more than the damage is worth. As a result, the parties cannot agree on a settlement and the fence owner refuses to sign a civil compromise.

In the first example, Daniel makes amends and the fence owner agrees to sign a civil compromise that is used as leverage in the criminal case. It additionally removes the damage and makes a civil suit moot. There is no damage to be remedied and therefore the fence owner cannot validly bring a claim against Daniel. In comparison, in the second example, there is no civil compromise. The damage to the fence remains and therefore the fence owner may file a case against Daniel in civil court to obtain damages to fix his fence.

An experienced Los Angeles Hit and Run attorney has handled thousands of cases. Consult with an expert today so that your case has the best chances of completing a civil compromise.