San Fernando Valley Criminal Defense Attorney

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Felony DUI Offenses

LEARN THE DECIDING FACTOR FOR PROSECUTORS IN FELONY VERSUS MISDEMEANOR DUI FILING DECISIONS

When the prosecutors are deciding whether to file a case as a felony or a misdemeanor, they are going to key in on whether the injury to the victim was serious. This term "serious injury" as it related to felony dui cases s up for some debate and defense attorneys fight this issue for their client's all over Los Angeles County. The problem trying to figure it out is that neither the legislature nor the courts have given much guidance as far a a solid definition of a serious injury related to a felony dui case. This leaves things in a murky state when it is a close call.

What typically ends up happening is that there are cases that are clearly serious injuries in nature, like if the victim has a broken bone or serious scar on their body. Then there are those cases that involve soft tissue injuries that the prosecutors refuse to file as felonies because they can not prove that there was a serisous injury and many times the alleged victim has hired an attorney, inflated their injury and is trying to obtain a huge civil award. Sometimes the prosecutors do not know this and it is up to the defense attorney to point it out and make the argument for the misdemeanor.

When it comes to facing prison and a strike on your record, you should definitely hire an attorney who has been down the road you are about to travel and had success. There is no room for mistakes when it comes to handling a felony dui case. The police are not always right in their decision to arrest someone for a felony dui and making them post a hundred thousand dollar bail to get out of custody. These type of cases must be handled by someone who has both experience with the subject matter and has handled these type of cases in the courthouse you find yourself in.

WHAT ARE SOME STRATEGIES THAT CAN BE EMPLOYED TO LESSEN THE IMPACT OF A FELONY DUI

If the prosecutors have the evidence to prove that you are guilty of a felony dui, then the next step is to figure out how to minimize the damages that can flow from this type of charge. One key area to have your dui defense attorney work on relates to obtaining money in order to make the victim whole related to their damages from the accident. Insurance can be used for this purpose as well as your client. Of course the best case scenario is if you have a big enough insurance policy to pay the victim for their car and injuries. If this is the case, then it is up your defense attorney to work with the insurance company and prosecutor to achieve the best result possible for you.

If you had no insurance to cover the accident then you will be in a much more difficult position and have less bargaining strength with the prosecutor and judge. Sometimes the prosecutors are not reasonable regarding felony dui cases and your attorney must go to their boss or even the judge to achieve the best result. This type of manuevering takes a seasoned dui defense attorney who is battled tested and knows the ins and outs of the court system.

OUR STRATEGY FOR HELPING YOU WITH YOUR CASE

The first thing that I do related to assisting a client with a felony dui is to get them into the office and go over all of the facts and circumstances related to their case. Once we have everything laid out, know what the positive and negative things are related to the accident and we also have all the mitigating circumstances related to you and your particular situation, we are then in a position to design a road map for success.

My goal in our meeting will be to have you leave it with a plan in place to get you the best possible result. Once you know what you are up against and what you can do to assist me, you will feel much more confident about your situation and will be able to function, knowing that you are in the best hands and making the right moves for your case. Because I have been handling these cases for 25 years, I will usually have a pretty good feel where the issues will be and what we can do to put you in a position for success.

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The Hedding Law Firm

Phone: (818) 986-2092 | (866) 986-2092
The Hedding Law Firm
Phone: (818) 986-2092
Encino-San Fernando Valley Address:
16000 Ventura Blvd #1208 Encino, CA 91436
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Los Angeles-Downtown Address:
445 South Figueroa St
#2700
Los Angeles, CA 90071