Criminal Law Questions? Ask a Criminal Lawyer.
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I am sorry to hear about his unfortunate situation.
Can you please tell me what were you charged with?
i am now in the Philippines again.
a Dui is all they put. Suspected Dui.
Well, that is a serious misdemeanor crime.
what does this mean? did you read my description. I am a u.s. citizen but was driving with a filipino license and they did not confiscate anything.
im on prescription medicine such as lexapro and adhd medicine . they did not read me my rights. they did not let me take any numbers down to call from cell.
they did not give me my medicine in the cell as promised. I was kept in longer than I should have been and in the same cell as about 30 + inmates in for much more serious crimes.
Let me start off, by letting you know, that unlike most people believe, cops do not have to read Miranda rights to the person subject to an arrest, unless they decide to question the arrested person about the crime or things related to the crime.
I read your question very carefully.
Did you have to post bail?
they also didn't have functional phones in the cell and would not explain to me how to bail myself out. i didn't even knw wht a bail bondsman is and in the cell they did not have the bondsmans number. only 1 out of 3 phones were working.
I did not post bail I just waited till they released me, around 16 hours later.
Thank you for this clarification.
Well, this is a situation that would have to be addressed.
I dont knw if this counts for anything as well but im severely allergic to dairy and all they served were milk related items. i did not eat for my whole duration in there and had no one to consult with.
furthermore, im on psychiatric medicine from my physciatrist and I was not permitted to see a nurse after numerous attemps to do so.
they also did not warn me how many attemps I may have with the breath machine and therefore concluded that I needed a blood test. I am also worried about the cleanliness of the place were my blood was exctracted.
Unfortunately, jails are not required to accommodate inmates who only stay there for a day or two, when it comes to medicine and food and such accommodations are very limited, so I am afraid that this would not matter at all in the situation.
I understand how upset you are, but unfortunately your situation is not uncommon.
Do you have any prior criminal history?
So what are my defences then? and how should I proceed. I have no prior record whatsoever.
nothing criminal or behaviour or anything I have a clean record and just visited LOS ANGELES last week to see my former pepperdine friends.
I cannot tell you what to do or how to proceed, as such legal advice can only be provided to you by a local attorney, upon a full review of your entire case and any related facts and evidence.
im 23 years old and currently enrolled in an online program college from the Philippines.
I can only provide you with a general legal answer.
Please let me know if that is acceptable or not. Thanks.
yes please provide me then with a general legal answer sir.
Not a problem, but I have to be very clear as to the limited scope of this service.
yes sir. how limited?
what can you help me with?
I can provide you with general legal information related to your situation, but cannot tell you what to do or not do and cannot offer any legal services or legal advice.
Do you want me to proceed with my general answer to your question?
yes sir please do.
please also advise me about jurisdiction , say I travel to New York and not california where I got the dui. as I have an apartment in new york.
Well, someone in a situation related to yours is required to appear in court on the court date that is scheduled.
Also a local attorney can be hired and this attorney can try get the court to waive the personal appearance of the defendant, it would be up to the judge whether to permit that.
I was told I can hire an attorney to appear for me? Please proceed with your general answer.
If someone in your position fails to appear and the court does not waive your appearance, then an arrest warrant could be issued.
whats your view on a state appointed attorney in order to avoid big costs?
isn't it a bench warrant? not an arrest warrant
So it is correct, a local attorney can ask the court to waive an appearance. but it is up to the judge whether to grant a waiver.
arrest warrant and bench warrant are essentially the same.
If an arrest warrant is issued, you would be apprehended by the Homeland Security at the time you try to re-enter the US and would be detained, until you can be transported to a court in LA where your criminal case is pending.
Such detention can last up to 30 days or longer.
Does this make sense so far?
yes. so If a bench warrant is issued in california, they can apprehend me and fly me out from new york to los angeles?
even for a first time dui? should I postpone my court date?
is that easy to do? do I have to call the clerk?
this can be done internationally right?
You will not be able to postpone the court date on your own.
sorry let me let you respond first thoroughly
A local DUI defense attorney in LA would have to be hired and this attorney enter an appearance for defendant and then represent defendant in court and file any motions on defendant's behalf
So I Have to hire an attorney first? Calling the clerk will not help?
Having a filipino license and u.s. passport and clean record does not make any difference?
and serving more than 12 required hours in jail
Not at all, other than your driving privilege in the US can potentially be suspended or revoked if the blood test comes back with BAC that is over the legal limit
none of it would matter, but any time that you served in jail, would be credited if you are convicted of the DUI and sentenced to jail.
So you would have a credit of 1 day.
I understand this sounds very harsh, but DUI is a very serious crime and unfortunately as a matter of public policy police and prosecutors are very aggressive when it comes to prosecutions of DUI.
So what should I expect then Sir? And EVEN IF I TRAVEL TO EUROPE OR AROUND ASIA THEY CAN SEND ME TO THE U.S. IF THERE IS A BENCH WARRANT?
Also, you can be found guilty of DUI, if any of the medication that you are currently take impairs your ability to drive and found in your blood.
or just in the united states.
and mexico slash the border.
Generally, you would only have trouble if you travel back to the US and also you would not be able to renew your US passport with a bench warrant.
infact my medication improves my concentration and ability to do daily things.
generally? they didn't give me instructions on breathlizier
and made me use a needle to get my blood
that im unsure is clean
whatever happened to rights.
that was like a 3rd world jail and i live in a 3rd world and have never been in jail.
as long as the medication is not on the list of prescribed medications that impair ability to drive, it should not be an issue.
Most jails are really terrible and ran down in most states.
Did they use a disposable needle?
I hope so. I don't know. I asked him if its clean and he didn't respond.
The penalty for the first DUI conviction ca range from 4-180 days in jail, fine of up to $2600 plus court costs and license suspension for up to 10 months.
but a dui whats the difference between a breathalizer and a bac blood test
180 days in jail?
The maximum penalty is 180 days in jail.
So whats the best option . If thats the case I might as well drop my u.s. passport and uphold my filipino one
Basically, it is important to obtain an experienced and established local DUI defense attorney to help you resolve this matter.
how do I do that sir all the way from the Philippines?
and what can he do for me? whats the best outcome?
An experienced local attorney might be able to get this case dismissed on some legal technicality or if the blood test comes back showing that you were over the legal limit, to negotiate a plea deal which would keep you out of jail and possibly only sentenced to probation or community service and a fine.
Does this make sense?
You can find an experienced local LA DUI Defense attorney by using this well trusted and reliable attorney information / referral websites:
yes sir it does. how long do blood tests take to come back? how do i knw what my blood test show? and whats difference between blood test and breathalizer?
1) The blood test results can take 30 days or longer.
2) Your local attorney would request the information from the state prosecutor.
3) Blood test results are by far more accurate and more difficult to challenge than a result produced by breathalyzer.
Do you have any related follow up questions for me?
so both test purely for BAC?
Blood test is more accurate.
so my next step is to find a lawyer from one of these websites? any reconmendations? what is payment schemes like
this can all be done through the phone and email right?
I am not allowed to recommend any specific lawyer or law firm, but you can browse many profiles of seasoned and established DUI defense attorneys on this websites.
You can hire a lawyer while being outside of the US.
I would suggest that you look for a local attorney who is located in the vicinity of the criminal court where your case is pending and has at least 10 years in DUI defense and specialized in it.
Thank you so much Alex.
until sempbter 20 (my court date) a good amount of time to get it postponed
and find a lawyer?
last question, are payment schemes available?
legal fees vary greatly from lawyer to lawyer, so it is difficult to try to guess what any lawyer would charge, but you can definitely speak to several and see what the amount of fees they charge and some lawyers do offer payment plans.
Some lawyers might offer payment plans.
thank you so much.
While I understand that this is a very terrible experience for you and also very disturbing, I do want to assure you that this is not the end of the world (even though it might seem like it is at the present time) and as long as you hire an experienced local DUI defense attorney as soon as you can and have this attorney address this case, generally first time DUI cases can be resolved without any jail time and in some cases they also might get dismissed.
thank you sir.
so I should relax? this seems like my u.s. life is over
I don't know how to make sure i HAVE THE BEST ATTORNEY AT HAND WHILE ALSO being cost efficient.
so I look at my ticket for dui and check the county area and search from the sites you gave me?
Your US life is not over.
last question im sorry. i just want to make sure travelling international borders ie europe and asia wont land me in jail right
or u.s custody?
This is just an unpleasant situation, which can and should be resolved eventually, as long as, you don't let it go and hire a good local lawyer.
ok. Thank you so much Alex. youve been a big help
can i save this conversation to remember details?
They would not, but I would strongly urge not to ignore this case, as it is much easier to resolve things properly, rather than later deal with its consequences.
Sure, you can copy and paste it.
or does it close delete automaticaly?
ill surely rate you well thank you for your advice and help.
As far as finding the best lawyer, I would suggest that you review each lawyers credentials, education, feedback from former clients and then contact several lawyers and see what they can offer you.
I wish you the best of luck.Please click on the "Excellent Service" feedback, so I can receive credit for my answer.Bonus and positive feedback are always appreciated, but are not required.
thank you again
I wish you the best of luck and GOD bless you!
Just remember, this is a situation that can be resolved and it's too shall pass.