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Joseph P. Hougnon, Attorney At Law
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#CriminalDefense - #PreliminaryHearings

At some point in the proceedings, after working on the case, reviewing discovery, doing investigation, discussing options, and negotiating with the DA’s Office to find a reasonable fair offer to settle the case, there will be a choice whether to set the case for a Preliminary Hearing, or set if for trial.

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#CriminalDefense - #Felony vs. #MisdemeanorCharges

Some criminal offenses can be filed as misdemeanor or felonies. These crimes are referred to as “wobblers.” In most cases, the nature and scope of the crime or injuries to another (if any), the defendant’s criminal history, the information in the arrest report, statements from other witnesses.

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#CriminalDefense - #AnOverviewOfCriminalDefense

I’ve been handling Criminal cases in Sacramento County Superior Court and other regional northern California courts for over 20 years. I’ve handled thousands of cases over the years, and I haven’t lost a jury trial in over 15 years. Integrity and good communication are what clients expect.

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#DUIDefense - #NoChargesFiled Vs. #RejectedCases

What happens if you get to your first court date and the case isn’t filed, but you’re ordered to return to court at a later date anyway? If your case isn’t “rejected” at the arraignment – in most cases due to a delay in receiving blood test results or the arrest report from law enforcement – your case will either be continued to a future date, or dropped for the time being.

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#DUIDefense - #InjuryRelatedDUIs

DUI’s cases involving injury can be filed as misdemeanor or felonies. These types of crimes are referred to as “wobblers.” In most cases, the nature and scope of the injuries is the main factor DA’s consider before making a filing decision. The nature of the driving described in the report by the officer and/or witnesses.

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#DUIDefense - #DrugRelatedDUs

In drug-related cases, the DA will likely file charges of a violation of VC§23152(E) – “It is unlawful for a person who is under the influence of any drug to drive a vehicle.” The DA has the burden to prove beyond a reasonable doubt your ability to drive was impaired due to a drug in your system at the time of driving.

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#DUIDefense - How Important Are #FieldSobrietyTests?

In all of the jury trials I’ve won, and I haven’t lost in fifteen years, I try to downplay the results of the Field Sobriety Tests (FST’s) as documented by the officer in the arrest report and on the stand during trial. Understanding the value of this evidence is also important in plea bargain negotiations.

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#DUIDefense - Who Has The Burden Of Proof In DUI Cases?

In alcohol-related cases, if your BAC (valid test) was .08% or more within 3 hours of driving, legally, you are presumed guilty of both DUI charges [VC section 23152(a) and VC section 23152(b)]. The defense therefore has the burden of proof in this instance.
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#DUIDefense - #Alcoholrelated vs. #DrugrelatedDUIs

It can take several months for the District Attorney to file the charges against you, especially in cases involving a blood test. In alcohol-related cases it’s really important that you or your attorney contact the nearest DMV Safety Office within ten days of the arrest to request an Administrative Per Se (APS) hearing.

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#DUIDefense - #AnOverviewofDUIDefense

It can take several months for the District Attorney to file the charges against you, especially in cases involving a blood test. In #alcohol-related cases it’s really important that you or your attorney contact DMV Safety within ten (10) days of the arrest to request an APS hearing, discovery and a “Stay” (putting off) the suspension pending a hearing.

#DUIDefenseattorney #AttorneyatLaw
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