QUESTION

How much time is she looking at for DUI with cruelty to a child possible injury or death felony plus the priors?

Asked on Apr 09th, 2013 on DUI/DWI - California
More details to this question:
She has 2 other prior DUI charges. She has a $100,000 dollar bail. She didn't crash but was arrested.
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3 ANSWERS

Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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The amount of the bail should tell you how serious this is, and she hasn't yet heard from Social Services / Child Protective Services about their legal action to take custody of minor children in the home. A plain 3rd DUI in ten years carries mandatory jail of up to a year, if charged as a misdemeanor. When charged as a felony with the child endangerment, she faces potential of one or more year in prison, depending upon how it is charged. The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, defenses, sympathies, etc. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential time, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Apr 11th, 2013 at 12:53 AM

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She will get a minimum of 120 days jail. I can't tell you the maximum because I don't know if there are probation's pending, if so a top of 2 1/2 years. Plus fines, an alcohol program, and license suspension of 3 years, which may be reduce able after 1 year in the alcohol program which will either be 18 months or 30 months. A fourth conviction can result in a prison sentence.
Answered on Apr 11th, 2013 at 12:51 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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She is looking at a minimum of 1 to 3 years in prison. If she hasn't done so already, she should hire an attorney immediately.
Answered on Apr 11th, 2013 at 12:30 AM

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