San Diego Criminal Defense Attorney Discusses How to Handle Booking and Bailing After a DUI Arrest

With the holiday season upon us, the amount of DUI checkpoints heavily increases in Southern California, and so do the amount of DUI arrests. If you find yourself being arrested for a DUI, you probably have many questions and concerns regarding the process and what actions you should take. Typically in a DUI scenario, a person is either pulled over on a freeway or street, or at a DUI checkpoint by an officer and is subjected a Breathalyzer test or is asked to take a field sobriety test. Based on those results or an officer’s observations, the officer may arrest the suspect for driving under the influence. A person can be charged with a DUI for driving under the influence of either alcohol or drugs, or a combination of both. Regardless of the influence, if their judgment is impaired and their ability to drive is hindered, they are likely to be arrested, booked and processed. It is always recommended that you call an attorney you can trust who will quickly and attentively support your defense, however there are some things you need to remember regardless of how you choose to proceed.

Booking Process After a DUI Arrest

The booking process essentially begins as soon as you are arrested. When you arrive at the police station, your fingerprints and personal information will be taken, and any items on your person will be searched and most likely confiscated. Your photograph will be taken and a background check will be performed to review your criminal history and any other relevant information about your past. You will then most likely be held in a jail cell or holding cell alone or with other individuals.

Generally, those people who are brought in and arrested for DUI are released on bail or a term commonly known as “own recognizance.” Once you have been booked you may be given the option to post bail and be released from jail in exchange for monetary payment. There is a caveat to this release in that the suspect must return for their court appearance, which is usually scheduled for a future date soon after the arrest. If the amount of bail is set by the judge at a later time, he or she will set an amount based on the person’s ties to the community, their work or familial obligations, their risk of flight, the severity of the offense and the suspect’s criminal history.

The individual who was arrested, a family member, or a bail bondsmen may post bail for the suspect to secure their release. A bond may also be posted with an agreement to pay the full amount should the suspect not attend their court appearance. On the other hand, if an individual is released on own recognizance, no amount of bail money or bond is owed and the suspect is free to leave. Some restrictions may be imposed such as not being allowed to travel outside of the state for example.

How Contacting a San Diego Defense Attorney Can Help With Your Recent Arrest

Whether you were arrested for the first time or you have a criminal history or record, our office understands the frustrations you are experiencing. We pride ourselves in aggressively protecting our client’s rights, and that often begins at the booking and bailing stage of an arrest. San Diego Defense Attorney Ashby Sorensen is a trusted attorney who knows how to act quickly and in your best interest. Call (858) 999-6921 now for your free consultation and protect your rights today.

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San Diego Criminal Defense Attorney Discusses the Effect of Three Strikes Law Reform

Most Californians, and the nation in general are familiar with the heavy three strikes law and the punishment of 25 years to life in prison if convicted of a third offense. However, many individuals may not be aware that certain developments have created a shift in the effect of the law and reform has created possibility for those convicted in the past. Because the law was vague in deciphering what constituted as a “violent” offense, an influx of “strikers” were created and prisons began to be grossly overcrowded. As a result, Proposition 36 was passed in 2012 to combat this result and dilute the amount of “strikers” by narrowing those that qualified by definition. The 2012 reform essentially stated there would no longer be a mandatory 25-years-to-life sentence for "strikers" whose third strike is not a "serious" or "violent" felony. Not only were California voters overwhelmingly supportive of this outcome, so were the imprisoned “strikers” considering they were able to petition against their newly found unfair term.   

Term Reduction for Those Serving a Three Strikes Sentence

In order to know if you or a loved one that is serving a sentence is eligible for a sentence reduction, it is important to first understand what convictions qualify for consideration. Serious or violent felonies were listed under the Three Strikes Law, and therefore qualified for possible sentence reduction. Generally, most felonies involving violence were on the list, including rape, robbery, burglary and murder given the heinous nature of the crime.  

Many juvenile offenses are also on the list considering the harshness the Three Strikes Law imposed. For a juvenile conviction to qualify for reduction, the offense and defendant must meet certain criteria. These include the defendant being 16 years of age or older at the time of the offense, the conviction qualifying as a strike under the California Penal Code definitions of violent or serious felony and that the crime is listed in California Welfare and Institutions Code 707(b). 

Other types of offenses can count as well and qualify for sentence reduction in the state of California. For example, if the offense occurred out of state it may count as a strike so long as it would qualify as a strike in California. Multiple strikes that may have accumulated in a single trial may also qualify collectively and do not need to be brought and tried separately. Given the intricate nature of the reform and the complexity of understanding what does and does not qualify, it is recommended that you speak to an experienced criminal defense attorney who is well-versed in the applicable California laws. 

Call a San Diego Criminal Defense Attorney with Three Strikes Questions Today

If you are serving a sentence you feel warrants reduction, or know of a loved one who deserves to be released early under Three Strikes, contact our office today. Trust that Criminal Defense Attorney in San Diego, Ashby Sorensen has your best interest in mind, and will fight for your rights and freedom. Call (858) 999-6921 today for your free consultation.

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