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 is up for some debate and defense attorneys fight this issue for their clients 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 as 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 cannot prove that there was a serious 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 types of cases must be handled by someone who has both experience with the subject matter and has handled these types of cases in the courthouse you find yourself in. The felony DUI lawyer at our office in Encino, CA has helped numerous clients get the representation they deserve. Our Los Angeles, CA felony DUI attorney will go over your case in detail with you to come up with a defense strategy.
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 to your defense attorney to work with the insurance company and prosecutor to achieve the best result possible for you. An experienced felony DUI lawyer in Van Nuys, CA knows exactly how to do this.
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 DUIcases and your attorney must go to their boss or even the judge to achieve the best result. This type of maneuvering takes a seasoned DUI defense attorney who is battled tested and knows the ins and outs of the court system. You can call our office to discuss your case with our felony DUI attorney in Los Angeles County. See related: California Jury Instructions for Felony DUI in Los Angeles.
OUR STRATEGY FOR HELPING YOU WITH YOUR CASE
Being an experienced felony DUI lawyer in San Fernando Valley, the first thing that I do related to assisting a client with a felony DUIis 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. You can rely on my experience as a felony DUI lawyer in Encino, CA to handle your case.