Law Office of James Dunn

While it is a very good idea to have a lawyer with you, you are not required to do so. Criminal defense lawyers are trained and experienced in navigating the criminal courts. You may qualify for a public defender, but if you appear without a lawyer, you run the risk of making mistakes in handling your defense and giving the appearance to the judge of a lax attitude. Also, there are times when a judge will strongly suggest that you do not talk but instead find a lawyer or at least work with the public defender’s office if you are eligible.   If you are accused of a crime, you should take it seriously and not represent yourself. In addition to fines and possible jail time, a conviction results in a permanent criminal record which will have a lasting effect on your ability to get a job or qualify for a professional license.

If you have a citation or notice to appear in court, you should appear on that date or have your attorney appear.  However, you should note that you should have received a pink DMV sheet inviting you to request a DMV hearing within 10 days of the notice (day of arrest). If you do not request this hearing you will have waived your right to a hearing and your driver’s license suspension would begin 30 days after the date of the arrest.  Please give us a call so we can help you with your specific situation.

While driving under the influence cases (“DUIs”) are governed under the vehicle codes, they are crimes, namely misdemeanors (if they are DUIs without injury to a third party, they are charged as misdemeanors). Any jail time that is prescribed on a first offense DUI would typically be handled with “Sherriff’s Work Program” and therefore even in bad scenarios, jail time can be avoided. All penalties and conditions can be avoided if your attorney gets the District Attorney to reject the case or if you are acquitted at trial. DUIs where someone is injured can be filed as felonies and a fourth DUI within 10 years can also be filed as a felony.

If you are indigent and have no resources to hire an attorney, the public defender (or a private defender panel as is the case in San Mateo County) will make themselves available to you. People who qualify for the public defender program usually are unemployed and do not own a home. The first time you will talk with them is in court and they will be helping others at the same time. They are independent from the District Attorney’s office and should be able to help better than if you represented yourself. Keep in mind that they are a solution to a problem, but are extremely understaffed, and cannot carefully weigh all facts or discuss the case at length with you.

Bail is refundable at the end of the case if you put the whole amount up with the jail, so long as you attend all required hearings. However, many people use a bail bonds company – a private company in the business of bailing people out. The company charges you a nonrefundable fee to bail you out. While you then pay a fraction of the cost of bail, you do not get that money back. The bail bonds person gets that fraction as their fee. Sometimes bailing out is quick and sometimes it takes hours. However, lawyers and bail bonds companies can update your family during the process. If you hire our firm prior to obtaining bail, we may be able to recommend a bail bondsman and help you get a discount on your bail bonds fee.

If you bail out, a court date is given to you and you must appear unless your lawyer tells you otherwise. The court date is usually set a few weeks out or more.

According to law, someone arrested must see a judge within 48 (non weekend or holiday) hours or be released. Upon release, that person may be rearrested or noticed to appear in court at such time that the Santa Clara County District Attorney is ready to pursue the case. Therefore you should seek out legal advice even if you were released. If you decide to wait in custody for your case, you will be brought into court in your jail attire. Each case is different and many times an attorney can argue to get the bail lowered. Not bailing out used to have frequent negative impact for people without an immigration status. The Santa Clara County Sherriff’s Office would grant an immigration hold. While this is happening less because of local budgetary issues, it is a risk to consider.