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Your arraignment is the first court appearance you will have in your DUI criminal proceedings. The arraignment provides you with your first opportunity to plead guilty, not guilty, or “no contest” to your California DUI charges. You may qualify for a public defender, in which case, you will be counseled prior to pleading guilty, if that is…
Strange to hear from a criminal defense lawyer. But how do you defend what little constitutional rights an offender has? Especially when the State decides who should be entitled to early release to alleviate over crowed jails because the Correctional Officers Union negotiated a deal that private prisons may not house those sentenced to State…
By Daniel Smith Criminal defense attorneys will tell you that on many occasions a parent will come in to retain their services and tell them “I want you to get him into rehab”. This is a plea for help from parents who are quite insightful in recognizing that their son, daughter, husband or wife is…
First of all you should know that under the implied consent law of California, you are required to take a Chemical Test if you are arrested for a DUI. That means a blood test or a breath test or a breathalyzer as they commonly called. What most people do not know is that there is…
Manufacture: The Intoxilyzer 8000 (on the right) is used in San Diego DUI cases and in various cities/states. The intoxilyzer 8000 uses the principle of infrared light absorption that attempts to estimate the alcohol in a gas sample. The amount of infrared energy lost due to absorption by ethyl alcohol molecules is proportionate to the DUI…
What Does it Mean When They Say Sandusky May Get 422 Years to Life? By San Diego Criminal Defense Attorney Daniel Smith It gets confusing, even for criminal defense attorneys. However, Sandusky is facing what is called an indeterminate sentence rather than a determinate sentence. With a determinate sentence there are a certain number of years…
As always, we at San Diego Defenders, encourage you to drink responsibly and do not drive when drinking. With that in mind, we all have places that we would like to go on Memorial Day Weekend to enjoy the festivities offered throughout the County. Sometimes getting to an event on time makes all the difference…
The breath machines used by the police to test people’s blood alcohol level are often incorrect or inaccurate. Just because someone blew over the legal limit (.08%) does not mean they are guilty. The machine may not be properly calibrated. The officer may not have done the test correctly or completely. Also, something as simple…
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