When you are facing criminal liability, one of the most important things that you can do is seek counsel from a knowledgeable criminal attorney. There are many options and risks that you should consider before speaking to the authorities or accepting any deals. Although it may seem like law enforcement is trying to be helpful, this is not necessarily the case. Even if you are confident that you have done nothing wrong, you could be making many missteps that might have a costly outcome. At the Law Office of Matthew & Julia Kaemerle, our Carlsbad criminal defense lawyers have assisted people in the areas around Carlsbad, Encinitas, Vista, and Oceanside with asserting their legal rights during a criminal matter, ranging from domestic violence to DUI. Whether you are merely part of an investigation or you have been charged with an offense, you deserve aggressive advocacy.Misdemeanor Crimes in California
There are many different misdemeanors on the books in California. People who find themselves facing a criminal charge are often shocked and confused as to how they found themselves in that position. One of the most common charges that California residents face is a DUI. For most first, second, and third offenses of driving under the influence, the defendant will be charged with a misdemeanor. If you are involved in an accident while intoxicated that results in an injury to another person, however, it can be charged as a felony.
In general, the offense of driving under the influence involves operating a motor vehicle with a blood alcohol level of 0.08 percent or more. If you are convicted of a DUI, and it is your first offense, you face a minimum license suspension of six months. You may be eligible to receive a restricted license after the first 30 days. If you incur a second misdemeanor DUI charge within the next 10 years, there are much stiffer penalties, such as a two-year suspension of your license. You may also be ordered to spend up to 18 months in jail and complete a minimum of 96 hours of community service.
How you are charged in a criminal case has a great deal to do with the penalties and sentencing that you face, as a criminal defense attorney at our Carlsbad law firm can explain. This is true for DUI misdemeanors as well as other misdemeanor crimes that carry increased penalties for subsequent offenses. Having a seasoned criminal lawyer on your side can ensure that you are treated fairly and that you are not sentenced unreasonably.Assert a Defense Against a Misdemeanor Charge
If you are charged with a misdemeanor, you may not know the full scope of your options. There are often several ways to fight a charge or to ensure that you are not penalized in an unduly harsh manner. One of the key issues to explore is whether the evidence used against you was obtained in a lawful manner. The Fourth Amendment requires police officers to follow certain procedures before they can initiate a stop or perform a search. If an officer does not actually have a reasonable suspicion that you are engaging in criminal activity, for example, any evidence that the officer obtains as a result of that encounter cannot be used against you.
Additionally, when it comes to DUI cases, it is important for you to hire a Carlsbad criminal defense attorney to investigate whether the officer used the appropriate testing procedures in determining whether you were under the influence. If the officer did not follow the appropriate procedures, or if the breathalyzer machine was not calibrated appropriately, your case may be dismissed. A seasoned criminal defense lawyer will know how to investigate your situation and identify any potential defenses.Schedule a Free Consultation to Discuss Your Criminal Charge
Having counseled people facing a wide range of misdemeanor charges, we understand how disruptive and concerning this situation might be for you. We provide personalized and diligent legal counsel to each one of our clients, ensuring that they receive the responsive attention that they deserve. We proudly serve residents of areas throughout North San Diego County, such as Carlsbad, Oceanside, Encinitas, Vista, Del Mar, Escondido, La Jolla, Rancho Santa Fe, San Marcos, Cardiff by the Sea, Fallbrook, Solana Beach, and San Diego. To schedule your free consultation with a criminal defense lawyer in Carlsbad, call us at 760-931-1981 or contact us online. We also represent people who need guidance in family law or domestic violence matters.