Menlo Park, CA Criminal Defense Law Firms & Lawyers

It is possible, depending on the factors of the case. Usually this would be worked out with the prosecutor. It is possible that a private attorney or public defender can work out a good deal for you and get the felony reduced to a misdemeanor. Just keep in mind that public defenders have a huge case load, so they (generally speaking) are not able to spend to much time communicating with their clients. It's the nature of their job. If you are concerned and want some time discussing your case at more length, I would recommend consulting with a private attorney.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.

You definitely need to fight the case. In particular, you must contact the DMV within 10 days of your arrest to request a hearing. The information is on the temporary driver's license you received when you were arrested. If you retain an attorney, he or she should do that for you. As for the drug issue, while most crime labs do a qualitative analysis of what's in your blood, most won't do a quantitative analysis until trial as to whether there is enough in your system to make a difference in your driving. Since you got stopped at a checkpoint, then you likely weren't driving poorly anyway. Plus, there is case law in California that requires a checkpoint to meet certain requirements to be legal, call the 8 "Ingersoll factors". If this is a first offense, you likely wouldn't not do any jail time. None is required, and unless you were in an accident or have priors, which isn't the case here, you likely won't face jail. Also, if you are a hemophiliac, an alternative to a blood test must be offered. You should have been given the option of a urine test. Contact a qualified attorney immediately who focuses on DUI cases, as I do, for more information.