CRIMINAL LAW
Charged with a crime? Get immediate legal guidance.
CRIMINAL LAW
Our Law Practice areas include:
- DUIs
- Drug Cases
- Misdemeanors
- Felonies
- Juvenile Cases
We practice in the San Francisco Bay area of Northern California.
YOUR CASE STARTS WITH A CONVERSATION
- Marne Law’s attorneys like to begin every case the same way: A personal meeting and clearly explaining your rights – at our office or your home.
- We sit down with you and any of your witnesses to hear exactly what happened. The police are going to have their own, often embellished, stories. We will be presenting your carefully told version of events.
- Marne Law wants to start by hearing and understanding your side of it. Call us or email us to schedule a free consultation to see if we are the right criminal defense team for you.
Contact Frank Falkenburg at Frank@MarneLaw.com
Contact us today to start building your defense.
DUI’S IN CALIFORNIA
A first offense DUI in California is a misdemeanor typically punished by 3 to 5 years of probation, $400 to $10,000 in fines plus DUI school, a 6-month driver’s license suspension, and sometimes installation of an ignition interlock device. Some counties also impose a short amount of jail time or work release if you are not represented by a qualified attorney!
A DUI arrest triggers two types of legal proceedings
Being arrested for driving under the influence of alcohol or the influence of drugs subjects the driver to two sets of proceedings:
- A jury trial or a bench trial in a California criminal court, and
- A California DMV license suspension hearing.
The California DMV cannot fine a defendant or put them in jail. It can only suspend the defendant’s license. It will suspend a license automatically unless the defendant timely requests – and then prevails at – a hearing. But getting a DMV hearing is not automatic. The defendant must request one within 10 days of being arrested.
Court-ordered license suspension
A court can also order a suspension of the defendant’s license. It can do so even if the defendant wins at a DMV hearing. A court can also sentence the defendant to criminal penalties such as fines, jail, and/or probation.
Fortunately, it is possible to fight a first-time drunk driving arrest and license suspension at both the DMV and in the courts with a qualified attorney that has experience in these cases.
Appearance in court is mandatory
Unlike a DMV license suspension hearing, a criminal court case is not optional. It is up to the prosecutor whether to charge the defendant and how severely.
Once you have been charged, you or your attorney must attend all proceedings. This includes the arraignment, at which the defendant will enter a plea of guilty, not guilty or nolo contendere (no contest).
Marne Law knows how both the police and the DMV put together their cases. And we know how to fight back. Make sure you have experienced and adequate representation at both of these important hearings. Your freedom is on the line.
Contact Frank Falkenburg at Frank@MarneLaw.com