November 2016 Newsletter
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We have a Preferred Client personal parking space in front of our building for clients and potential clients who come to visit.

When Can You Get a Restricted License to Drive After A DUI? 
Drivers arrested in Orange County for a first time DUI will have many questions including: What will happen to my driver's license? When will I be able to drive again? Am I going back to jail?
After a DUI arrest, the arresting officer is required to forward a copy of the DMV's notice of suspension along with the driver's license and a sworn report to the DMV. The DMV then conducts what is called an administrative per se hearing. In order for the administrative per se hearing to occur, the driver or their attorney must request the hearing within 10 days of the arrest. Our firm will handle setting up that hearing for you.
If you win the hearing,  there will be no license suspension. You can continue driving legally. The court action is a separate matter.
If you lose the DMV hearing, you must wait 30 days to apply for a restricted license. For reinstatement of the license, evidence  of enrollment in a  licensed California DUI alcohol program must be provided to the DMV . You must also file an SR-22 (special form proof of insurance) and pay a $125 reissue fee for the restricted license.
The license will be restricted for a minimum of 5 months, allowing you  to drive to,  from and during the course of your  employment, and allowing you to drive to and from the alcohol program.
If you are facing a second DUI within 10 years of a previous violation, the DMV has the power to  suspend your driving privileges for one year if there is a negative DMV decision. The DMV may allow a restricted license after serving a 90 day suspension and after installing an ignition interlock device inside your vehicle, and filing the required insurance proof and reinstatement fees after the court case is concluded.
You will not qualify for a restricted license if you refused to take a blood or a breath test. To find out more about your options and rights after a DUI arrest, contact the Law Offices of Virginia L. Landry today. To schedule your appointment, call 866.902.6880 or visit .
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Can A Bounced Check Send You to Jail? Understanding Check Fraud
Many checks have been written by individuals who do not have adequate funds in their bank accounts to cover the expenses. However, the mere fact that a check bounces is not necessarily grounds for a criminal case. In some circumstances, a jail sentence can follow a conviction for bouncing a check. 

Under California Penal Code Section 476 (a) it is a crime to write a check when: 
  1. The individual knows there are insufficient funds in their bank account to cover the full amount of the check and,
  2. The individual intends to commit fraud.
The intent is very clear in some cases. If a check is drawn on a bank account that was closed by the owner six months earlier, the intent to commit fraud is well established.

If a check is cashed when the person knows there are insufficient funds in the account, criminal charges may be filed. The fact that the payee suffered no loss is irrelevant. The intent is sufficient to warrant a conviction under California's bad checks law.

This type of check fraud in California does not require proof that a check was fabricated or that false information was written on the check. The crime is committed when a person knowingly writes a check for an amount where there are insufficient funds in the account. 

The Penalties for a Bounced Check in California

Writing a bounced check can be charged as a misdemeanor or a felony in California depending on a range of factors.

A conviction for passing checks that bounce in the amount of $950 or less, with no previous convictions for theft, will  be charged as a misdemeanor. The individual  could face up to  one year in county jail and a maximum fine of $1,000.
California's bad checks law comes under the legislature's determination that the crime is a 'wobbler'. A wobbler means that in certain instances, prosecutors can file these types of cases as either a misdemeanor or a felony, depending on the circumstances of the offense, criminal history and the amount of the theft. The prosecutor has quite a bit of discretion when determining the types of charges to file.

If convicted of a felony, you can face up to up to three years incarceration in a California state prison and a maximum fine of $10,000.

The victim can also make a claim for full restitution and compensation both with the criminal court and in civil court. The victim in certain circumstances can request damages in addition to the lost monies listed on the bad check.

There are a number of defenses available for charges under Penal Code Section 476 (a).

If the prosecution lacks evidence to establish criminal intent, the defense may have success  in fighting the case. They include the following:
  • The defendant informed the payee there were insufficient funds in the account;
  • The defendant post-dated the check;
  • The bank made an error whereby the funds the defendant believed were in the account actually were not there;
  • The defendant honestly believed they would have sufficient funds for the check to clear;
  • The defendant placed a "stop payment" on the check in good faith;
  • The defendant acted under duress.
The biggest mistake one can make if charged with check fraud is to think it's a minor crime and that one will not face consequences including jail time. It's important to hire an experienced Orange County criminal defense lawyer as soon as possible. An attorney can help you establish defenses that may not be immediately apparent to better the final outcome of your  case.

Contact the Law Offices of Virginia Landry at 949.585.7400 or see our   website .
A Note To Our Clients
  • To our current clients: Thank you for the opportunity to serve you during this difficult time
  • To our future clients: We look forward to working with you in your time of need.
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Virginia Landry

Virginia L. Landry received her undergraduate degree from Northern Arizona University in 1982. She then went on to pursue her law degree from Western State University, graduating in 1988. The following year, Ms. Landry opened her own Law Office. As a nationally recognized Board Certified DUI Defense Attorney Specialist, Orange County Criminal Defense Attorney Virginia L. Landry, is able to practice law within all the California state courts and the Central District Court of the United States.


As a criminal defense lawyer with years of litigation and trial experience, Ms. Landry is fully prepared to handle criminal cases involving violent crimes, white collar crimes, theft crimes, sex crimes, juvenile crimes, drug crimes, weapons charges, and domestic violence. Attorney Landry has successfully represented clients facing a variety of complex misdemeanor and felony charges.

In addition to her current position as Regent for the National College for DUI Defense (NCDD), Virginia serves on the Board of Directors for the California DUI Lawyers Association  as its Secretary. Virginia is one of only a handful of attorneys across the nation who is Board Certified in DUI Defense. She has also received her  certificate of instruction , successfully training participants in DWI Detection and Standardized Field Sobriety Testing Student and Instructor courses.


Virginia Landry served on two committees and was on the Orange County Bar Association's Board of Directors for three years, is a past President and current member of the West Orange County Bar Association, is currently a Sustaining Member for the California Attorneys for Criminal Justice and is a member of the National Association of Criminal Defense Lawyers serving as Co-Chair of the DUI / DWI Committee. Other local bar associations include the North Orange County Bar Association, The Newport Harbor Bar Association, the South Harbor Bar Association, the Western State University Alumni Association and the Northern Arizona University Alumni Association.

The Law Offices Of Virginia Landry Team