Felony DUI in California – Criminal Lawyers on What to Expect

A felony DUI in California is a very serious crime and more common than people think. Criminal lawyers know a felony DUI carries harsh penalties, fines, and can result in the first criminal strike on your record. A strike on your record will make any future brushes with the law harder to defend by any criminal lawyer. A felony DUI may also hinder future employment opportunities and will make you ineligible for student loans and government assistance programs.

A Felony DUI in California has one of the following:

• Bodily injury and especially death to another as a result of driving under the influence, which does not have to include a car accident, it can be the result of running a red light or speeding.
• Prior felony dui conviction
• Prior felony gross vehicular manslaughter while intoxicated
• 3 or more DUI or "wet reckless" convictions on your record within the last ten years, whether from California or out of state.

Drunk driving that results in death in California is charged as a felony DUI with either manslaughter, vehicular homicide, or second-degree murder.

What happens after an arrest for DUI?

A felony dui in California begins with an arrest. After being arrested, the ideal time to contact a criminal lawyer is as soon as possible, definitely before the arraignment. Criminal lawyers need to start working on your case immediately to get the best results. The sooner the criminal lawyers begin the better, as it is easier to defend against a felony DUI charge much earlier in a case by persuading the prosecutor to file lesser charges.

The arraignment is the first court hearing, after the prosecutor has filed charges.  However, in order for criminal lawyers to start building a strong case for you, there is a lot of work that must be done, the beginning of a case for a felony DUI can sometimes be the most important. Criminal lawyers must launch their own investigation with the use of experts and they must also question and investigate witnesses among other things.

The preliminary hearing is when the judge decides if there is enough evidence for a trial. A criminal lawyer may be able to convince the judge that there is not enough evidence to convict the defendant for a felony DUI at this hearing. It is like a trial before a trial, as the judge listens to and makes decisions on the DUI case even before there is a trial. It is extremely important to be represented by a criminal lawyer at a preliminary hearing for a felony DUI.

If the judge decides there is enough evidence for a charge of some sort, then the case moves forward with a trial. A criminal lawyer can also win a case of felony DUI in California at this stage as well.

There are many stages to a case at which a criminal lawyer can win, much depends on the unique characteristics of your felony DUI case and what the best strategy is against the prosecution. Top criminal lawyers know when the best time to hit a homerun is, as winning cases is just as much about timing as it is strategy.

Criminal lawyers know how serious a felony DUI conviction is in California. Though these felony dui penalties are not set in stone, here are some general guidelines.

Felony DUI Penalties in California

• The minimum sentence is 180 days in jail, but you can be sentenced to 4 or more years in prison
• 4 year suspended license
• $3,000 fine
• 18-month alcohol education program
• If it's your third strike, you will be imprisoned for 25 years to life if convicted
• Ineligible for student loans and government assistance programs

Criminal lawyers: Facts about a Felony Conviction May Surprise You!

 Criminal lawyers know how much a felony conviction can ruin your life. LibertyBell Law Group's criminal lawyers receive emails on a weekly basis, sometimes even daily, from people convicted of a felony and wanting to get it expunged because they can't find a job, many even become homeless until being helped by a loved one or family member.

The National Institute of Justice found 60% of ex-felon offenders are unemployed a year after their release. In California, the Department of Corrections and Rehabilitation states 75% of felons are unemployed.

As a felon you are not eligible for low-income housing or government assistance programs, student loans, and more. The fact is having a felony on your record could leave you homeless, and if you're lucky you may be able to stay in a homeless shelter or eat at a soup kitchen. Not having a job or any kind of government assistance or income can lead someone to commit another crime, and that's the way a revolving door through prison starts for many. You may even end up in prison for the rest of your life, because as you get more felony convictions, prior felonies will increase the sentencing of subsequent felonies.

Hiring a criminal lawyer for a felony is a must

The need for hiring a criminal lawyer for a felony accusation cannot be stressed enough. Criminal law is extremely complex and without a top criminal lawyer you might as well just serve yourself on a plate to the prosecutor. You need an expert criminal lawyer who has the resources and expertise to defend you ferociously.

Criminal lawyers from LibertyBell Law Group have experience in all 50 states and federal courts. They have successfully represented thousands of persons accused of a felony. LibertyBell criminal lawyers know the unique characteristics and personas of the judges, prosecutors and law enforcement agencies. They also work with the top experts and investigators when building your winning defense.

Don't ruin your future with a felony conviction. Get a top criminal attorney. Call 855-LAW-PRO1 (855-529-7761) now!

Criminal Lawyers on Defense for Fraud

Defense for Fraud must be pursued aggressively by criminal lawyers, as it is not uncommon for prison sentences to last many years and fines are hefty. Criminal lawyers use many defenses for fraud cases, however, each case is unique and must be evaluated on its unique characteristics. In building a top fraud defense, criminal lawyers ideally work on a team of attorneys, experts, and investigators who analyze every aspect and angle to make a winning strategy.

Criminal lawyers commonly defend against these types of fraud:

• Wire Fraud
• Prescription Fraud
• Credit Card Fraud
• Health Care Fraud
• Medi-Cal Fraud
• Mail Fraud
• Telemarketing Fraud
• Securities Fraud
• Tax Fraud
• Internet Fraud
• Investment Fraud (Ponzi and Pyramid schemes)
• Letter of Credit Fraud

Fraud is a white collar crime, and thus you need to be represented by expert criminal lawyers, not business attorneys as some may think. Lawyers with expertise in criminal law and have a history of winning criminal fraud cases will know exactly how to go to trial, if necessary, to win. LibertyBell Law Group's criminal lawyers have tons of experience on fraud cases in both state and federal courts. They are familiar with the different judges and law enforcement personnel, how they work, and their individual styles. It's important for a criminal attorney to know what buttons to push for individuals involved, especially in swaying them or weakening their position.

Criminal lawyers use these defenses for fraud the most:

• No criminal or malicious intention
• Not enough evidence to prove fraud was committed
• Entrapment - coerced by law enforcement to commit the crime
• Misidentification of fraudster

If you have been accused of fraud, you need top criminal lawyers to defend you against the power of the government who is aggressively prosecuting fraud, especially since the recession.

Top Criminal Lawyers Warn Against Using P2P File Sharing Software

Top criminal lawyers know how easy it is for anyone using a peer-to-peer (p2p) file sharing software to get snared in a federal criminal investigation, even if you had no criminal intention. A recent File-Sharing Programs report by the U.S. General Accounting Office (GAO) revealed that juveniles and adults alike are at a very high risk of participating in federal crimes by using the p2p file sharing software and associated networks.

Reports have also revealed that while searching for celebrity names and cartoon characters, you may inadvertently download child porn onto your computer from the p2p file sharing network. If you view or download porn from the p2p file sharing network you have a very high risk of unknowingly viewing or downloading child porn, which is a federal crime. Viewing, receiving, possessing, distributing (sharing), trafficking, or making child porn carries extremely serious penalties, such as 30 years to a lifetime in a federal prison, lifetime sex offender registration, and of course the social stigma of being labeled as a child sex offender.

Criminal lawyers advise you to not use p2p file sharing software or networks, and especially do not view or download pornography from these file sharing networks. Doing so may expose you to child porn and before you know it federal agents will be knocking at your door. Even if you delete the files, criminal lawyers know that law enforcement can recover the files, the words you used while searching, preferences, and more activities done on the p2p file sharing software and network.

Amidst the global crackdown on child porn by special agents, Google is also building a new system to crackdown on child porn. It is clear, you must be very careful even when searching for porn on the internet, or you may also inadvertently view child porn and be subject of a federal criminal investigation. Take the advice of our criminal lawyers who fight sex crime cases everyday.

If you are charged with child porn, you will need the best criminal lawyers to defend you against federal agents and a ferocious prosecutor intent on sending you to prison. Child pornography cases require a team of top criminal lawyers who work with experts and investigators for your defense.

Criminal Lawyers on Why You Should Never Talk to Law Enforcement

Criminal lawyers know even the innocent can be accused and convicted of a crime, and have been, by simply making an honest mistake when telling their story to the police or detective. As a matter of fact, 25% of those convicted exonerated with DNA evidence plead guilty or said something incriminating, some even confessed. Even witnesses can err, as 72% of DNA exonerations are from faulty witness testimonies. Criminal lawyers always advise clients to never under any circumstances talk to anyone about the crime he or she is being investigated for. If your story conflicts in any way with the story of the witness, the jury will believe the accused is lying, not the witness.

Any misuse of a word or any different word used to describe the same circumstances can be used against you, such as when you voluntarily give a statement and then later are cross-examined by the prosecuting attorney in a trial. Even criminal lawyers use similar practices to kill the credibility of victims and witnesses that come in opposition to their client's testimony.

Even if you happen to come across a piece of evidence by chance, or because you overheard it somewhere, the police or detectives may wonder how and why you have it. If you are ever questioned or investigated for a crime, you should always plead the Fifth amendment and seek expert help from a criminal attorney who will protect you and your rights. Prosecutors will always want to convict someone, who is the most likely suspect; it's their job and they're good at it. The best criminal lawyers will tell you never to utter even a single word to law enforcement, except for pleading the Fifth and telling them that your attorney will be in touch with them. Top criminal attorneys will also tell you not to talk to anyone at all about what you know and the crime until you have first talked to a lawyer. Criminal lawyers know that even if you witnessed a crime, if you were there you could even be charged as an accomplice even if you didn't do anything, which happens more often in violent crimes, assault, rape and murder convictions.