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Preferred Client Personal Parking
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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. |
Double Jeopardy In DUI Cases
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The Fifth Amendment to the United States Constitution provides that no person can be punished twice for the same crime. While this concept seems simple enough, it is often confusing for people convicted of driving under the influence. For those convicted of a DUI, it often seems like they face two punishments: one from the criminal legal system, and one from the Department of Motor Vehicles. Does facing both a criminal punishment and a driver's license suspension constitute double jeopardy?
This issue has been debated in the legal system for decades, but legal cases from the state level all the way up to the United States Supreme Court have agreed that double jeopardy does not apply in this situation.
The rationale behind these decisions is that driving is a privilege, and not a right. This means that the revocation of a driver's license is not a punishment, but just a suspension of a privilege. Because the DMV only has the authority to suspend or revoke a license, it is a purely administrative organ- ization and double jeopardy does not apply. In contrast, the criminal legal system can confine a person, take away his or her right to vote or own a gun, and order probation, parole, or restitution.
This usually offers little comfort for people with a suspended or revoked license. The inability to legally drive often causes great hardships, makes it difficult to get to work, get groceries, travel, or do any of the hundreds of things that people need a car to do.
The DMV has the authority to suspend a person's license automatically after a DUI arrest, but that does not mean that people who have been arrested have no options. With the help of an experienced DUI attorney, drivers can fight a suspension at a DMV hearing or appeal, and can also apply for a hardship license which will allow the person to continue driving in limited instances.
With two systems coming at you after a DUI arrest, it is important to have a California DUI defense lawyer on your side who can effectively argue your case to both the DMV representative and the criminal court. At the Law Offices of Virginia L. Landry, our experienced Orange County DUI defense attorneys can handle both sides of a DUI, and will help you fight to keep your license.
For more information about the DUI process, visit www.duiqueen.com. To set up an initial consultation with one of our attorneys, call 877.384.7833 today.
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Could A Diversion Program Keep You Out of Jail After a Drug Arrest?
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An arrest for possession of drugs can have a devastating impact on your personal and professional life. For many people, being arrested for drugs can result in losing their job, losing the respect of their family or friends, having difficulty obtaining a new job or apartment, and losing their eligibility for certain government benefits.
If you are arrested for the possession of drugs in California, you have several programs available to you which may minimize the consequences of your arrest. Some programs may even be used to earn a dismissal of your charges if you complete them successfully. If you or someone you know has been arrested for drug possession, learn more about your options.
Proposition 47
While not a diversion program itself, Proposition 47 dramatically impacted the consequences that an individual faces for drug possession. In November of 2014, California voters decided to change the state's sentencing laws, so that the majority of people arrested for drug possession would only face misdemeanors.
Prior to Proposition 47, most drug offenses were felonies. Now, possession of almost any drug, (including heroin, cocaine, and meth) is a misdemeanor offense. A person will only be charged with a felony if they are suspected of selling the drug, or had committed another crime at the time they were arrested, like possessing an illegal handgun or committing a robbery while holding the drug.
Even though the sentencing laws have changed, misdemeanor offenses can still have serious consequences, including steep fines, community service, and up to a year in jail. For those interested in mitigating these punishments or fighting their arrest entirely, the state still offers several alternatives to traditional sentencing.
Deferred Entry of Judgment
Under the Deferred Entry of Judgment statute, also known as PC-1000, a defendant will enter a plea of guilty or no contest, and judgment in the case will be deferred until the defendant successfully completes a drug rehabilitation program. If the defendant successfully completes the program, the charges against him or her will be dismissed.
Deferred entry of judgment is only available to first-time drug offenders who were non-violent, do not have any prior revocations of probation or parole on their record, and have not had any felony convictions in the five years prior to the arrest. If the prosecutor agrees that drug diversion is appropriate, the defendant will be able to complete an 18-36 month drug treatment program in lieu of sentencing. If the defendant fails to complete the program successfully, he or she will return to court to be sentenced by the judge.
Proposition 36
Proposition 36 allows drug offenders to receive probation, rather than a period of incarceration after a drug offense. Unlike a deferred entry of judgment, Proposition 36 is open to defendants who have prior drug convictions on their records. As a condition of probation, these defendants will also have to successfully complete a drug rehabilitation program. If they fail, their probation can be revoked and they can be sentenced to jail.
Probation under Proposition 36 is available to defendants so long as they have not been incarcerated in the past five years for a serious or violent offense, were not convicted in the same proceeding of a non-drug related misdemeanor or felony, were not in possession of a firearm, have not refused drug treatment, and do not have two or more other drug-related convictions.
Drug Court
California's drug court is an alternative to traditional criminal courts. Rather than focusing on punishment, drug courts aim to rehabilitate people accused of drug offenses and reduce instances of repeat offending.
Unlike a deferred entry of judgment or Proposition 36, a defendant does not have to plead guilty to a drug offense in order to be eligible for treatment. Instead, all of the criminal proceedings against the defendant are suspended while he or she completes a drug treatment program. If the program is completed successfully, the case will be dismissed without a plea. Using drug court is very helpful for people who would be harmed professionally by having to plead guilty to a drug offense.
Help After a Drug Arrest
If you have been arrested for possession of drugs, and can't afford to go to jail, a drug diversion program may be right for you. At the Law Offices of Virginia L. Landry, our attorneys can determine your eligibility for these programs, and help you choose the one that is right for you. For more information on your options after a drug arrest, contact us today by calling 866.902.6880, or visit us on the web at www.orangecountycriminallaw.com.
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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. 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, the Northern Arizona University Alumni Association and the Warren J. Ferguson Inns of Court.
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