In California, a person who is arrested for DUI must fight two cases. The first case is the criminal case, which is fought in court. The second case is with the Department of Motor Vehicles, and it is fought during a scheduled DMV hearing. The California criminal process can be very complicated for most people. By understanding your individual rights, you can eliminate confusion and commonly made errors. If you have questions regarding the criminal process, you should speak with an experienced attorney. A DUI criminal defense attorney can inform you of your rights and your legal options, as well as advise you throughout the process.
The Phases of the Criminal Process
The criminal process begins when a person is stopped for suspected criminal activity. In instances involving driving under the influence, law enforcement must have justifiable reasons for making a traffic stop. During a traffic stop, law enforcement will have the suspect pull over to the side of the road. They may ask the suspect several questions, but the suspect has the right to refuse to answer. A stop is not the same as an arrest.
Before the officer can make an arrest, he or she must have probable cause. Probable cause is reasonable belief that the suspect committed a crime. When a person is placed under arrest, he or she still has constitutional rights, which are very important to remember. Every person has the right to remain silent and the right to have an attorney.
Law enforcement must read Miranda Rights to each person they arrest. Miranda Rights inform the person of his or her right to remain silent, the right to an attorney, and the right to have a court ordered attorney appointed to him or her if they cannot afford one. Miranda Rights do not have to be read until a person is taken into police custody.
After the arrest, the suspect is escorted to the police station for booking. During the booking process, the person is fingerprinted, photographed, and asked his or her name and date of birth. Personal property is also removed and stored away from the person.
Shortly after criminal charges have been filed against the person, he or she must go to court for an arraignment. During an arraignment, the person must enter a plea of “not guilty”, “guilty”, or “no contest”. If a person pleads guilty or no contest a sentence is immediately issued. At the arraignment, the judge will either set bail terms or refuse bail and release the person with the understanding that he or she must be available for further court proceedings if necessary.
After the arraignment, if no plea agreement is arranged by the prosecutor, a case will progress to trial. Crimes that are punishable with 6 or more months of jail time may require a jury, but not all do. If a person is found guilty after their trial, he or she will be sentenced by the judge. A person who is found guilty has the right to appeal the decision. In California, for all cases except those involving the death penalty, a person must file his or her appeal within 60 days after sentencing.
San Francisco DUI Attorney
If you have been arrested for DUI in San Francisco, obtaining a qualified attorney is the most important decision you can make. A DUI attorney can protect your rights, inform you of your legal options, investigate the conditions of your arrest, and question law enforcement and witnesses. A skilled attorney can also provide the resources and aggressive defense you will need to successfully fight your DUI charges.
The Law Office of Robert Tayac has been helping people charged with DUI in San Francisco for over a decade. Attorney Robert Tayac has the education, training, and experience to defend your drunk driving case. When you work with Robert Tayac, you can be assured that you are retaining the services of a knowledgeable and trustworthy DUI defense lawyer, who will guide you throughout the criminal process.
Contact the Law Office of Robert Tayac for your free case evaluation!
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