1. | Can an attorney help me with a DUI... isn't a conviction automatic? |
A. | This will most likely be the only criminal case you will ever experience in your life. No matter how bleak you believe your case might look to you, there may be certain circumstances that may have been "overlooked". It is my job, as your attorney, to assure you that I will review your case with a fine-tooth-comb. If there is a solution, it will be found. I have had cases where the charges were reduced and some case were not. Some folks lost their driver's license, some did not. Every case is different, so please do not compare your case to someone that you know who has had a DUI. Even though a DUI is normally a misdemeanor they are serious and complicated. It is worth the time to speak with an experienced attorney about the facts regarding your case. You will be skillfully guided through this difficult process. To ease this process, I offer a FREE CONSULTATION with NO OBLIGATION. Should you decide to retain my services: I will appear on your behalf for all court appearances; keep you informed with any new developments regarding your case and attend the DMV hearing. |
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2. | Can the case be change to where I live? |
A. | Sorry, county where you live is not interested in San Luis Obispo's problem; the case must be heard here. |
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3. | Can I do the DUI Class where I live? |
A. | Yes. |
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4. | Is it possible that I will actually have to go to jail if convicted? |
A. | Yes and no. Yes, you will be ordered to jail however the sheriff has several options available for you serve this obligation. Depending on your case, you may: serve the jail time; serve weekend-jail, apply for home detention; or work on the Sheriff Work Alternative program. |
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5. | Can I do the jail where I live? |
A. | Under San Luis Obispo's current court rules the jail sentence must be served here. Most courts in California have no objection to the sentence being served in the defendant's county of residence, but for the present time all SLO sentences must be served in SLO county. Your local county sheriff would agree to let you serve your jail sentence in your home county, but only if the San Luis Obispo judge will indicate on the record that "The court has no objection to defendant serving the sentence in his or her county of residence." You can always ask... |
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6. | How do I speak with a Public Defender? |
A. | In San Luis Obispo County, the appointment of a Public Defender is considered during the first court appearance. You will be asked to fill out a financial statement in court and the Judge will decide that day whether or not you are eligible. The Public Defender is generally not available before being appointed by the Court. NOTE! Public defenders are paid by the county to represent you in court. They are not paid to represent you in a civil action i.e. to represent you regarding your DMV suspension. You would be on your own for that matter. |
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7. | What happens if I miss my court date? |
A. | This is not a good idea. The Court will issue a warrant for your arrest immediately. However the Court may understand that a problem has occurred, and if it does immediately go to the Clerk's Office of the Court branch where you were supposed to appear. If you are there within 7 days, they may agree to put you back on calendar without having to post bail. |
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8. | I have an outstanding warrant for my arrest, how do I go to court to clear this up?
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A. | Many counties allow you to show up at 8:00 a.m. Monday through Friday and turn yourself in. Unfortunately that is not normally an option here. However that should be the first thing that you should try to do. You can ask the Clerk of the San Luis Obispo Criminal Department if you can do a court surrender. (805) 781-5670
- Post the entire bail amount to the Court; the entire bail amount will be returned to you at the end of the case;
- Post the entire bail amount to the Court; the entire bail amount will be returned to you at the end of the case;
- Turn yourself into the Sheriff for court surrender. It would be best to do this early in the week so you do not have to spend the weekend waiting to be brought into court. This is not the most pleasant option
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9. | What do I do if I cannot be in court for my first arraignment? |
A. | Contact the Courthouse and ask if they can help you. Often they will be able to assist you with a new court date. |
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10. | What do I do if I cannot go to jail as ordered? |
A. | If you know early enough that you cannot serve your sentence as ordered, call the Court and schedule a probation modification. The Court will have no problem accommodating your problem. However if you fail to appear as ordered, you must contact the Court to reschedule the jail time, but expect additional consequences. If you have an excuse, I suggest that you bring supporting evidence concerning what happened and why you were not in jail as ordered. |
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11. | What do I do if I can't pay my fine on time? |
A. | Contact the Court to schedule a probation modification. The Court will not be upset with you and will try to find a solution, including community service work in order to work off the fine at $10.00 per hour if you wish. |
