what kind of cases go to trial at the van nuys courthouse

There is a public parking structure across the street at 6170 Sylmar Avenue between Delano Street and Calvert Street (1 cake e of Van Nuys Boulevard). The cost is $6 per solar day. This lot closes daily at 7:30pm. Metered parking is besides available on all surrounding streets.

If you've been arrested for drunk driving, and y'all are scheduled to be arraigned at the Van Nuys Courthouse, allow our experienced Van Nuys DUI defense attorneys help. Because we routinely appear in this courthouse, nosotros enjoy great familiarity with the prosecutors, the judges and the court procedure. This knowledge allows us to secure the nearly favorable dispositions for our clients.

In this commodity, our California DUI defence force attorneys^one explain how drunk driving cases are prosecuted and defended at the Van Nuys Courthouse past addressing the following:

ane. What to Expect At Your Van Nuys Courthouse DUI Arraignment

i.1. Facts used to make up one's mind your "offer"

1.ii. Arraignment strategies for DUIs at the Van Nuys Courthouse

one.3. Sample arraignment offers

two. The DUI Pretrial Process at the Van Nuys Courthouse

iii. Van Nuys Trials and Sentencing

3.ane. The sentencing hearing

If, after reading this commodity, you would similar more information, we invite you to contact us at Shouse Law Group.

1. What to Wait At Your Van Nuys Courthouse
DUI Arraignment

Your first court appearance following your DUI arrest will be your arraignment. The arraignment presents you with your beginning opportunity to plead guilty, not guilty, or nolo contendere "no contest" to your charge(south).

At the Van Nuys Courthouse, misdemeanor DUI arraignments have place in Department 103 (Room 407) on the fourth floor. Felony DUI arraignments take identify in Department 100 (Room 305) on the 3rd floor. Arraignments for misdemeanors charges other than driving nether the influence take place in Department 101 (Room 307) on the third floor.

∗Because misdemeanor DUIs are much more mutual than felony DUIs, this article will focus on misdemeanor driving under the influence cases at the Varraignan Nuys Courthouse.

Once you are in an arraignment courtroom, the court staff will play a video that details your Ramble rights. Ii of the most important rights that pertain to your arraignment include

1. your right to an attorney (which includes the correct to accept a Los Angeles Public Defender appointed to you if you cannot afford a private attorney), and
2. the right to a speedy trial.

If…post-obit your DUI arrest…yous were released from the Van Nuys Jail either on your ain recognizance (known every bit an O.R. release) or because you
posted bail, yous practise not demand to appear personally at your arraignment, as long as you secure legal representation ahead of time. Your California DUI defense chaser can appear on your behalf.

Still, if you lot have not been released from jail…and have non retained an attorney from jail…or cannot beget to hire a individual attorney, then you must personally appear. At your arraignment, y'all will exist provided with an opportunity to speak with a public defender should yous wish to apply for their services. You will too have the option of representing yourself.

Your failure to announced at the arraignment…either personally or through an attorney…will prompt the approximate to event a California bench warrant for your arrest.

1.ane. Facts used to determine your "offering"

At the Van Nuys Courthouse, the prosecutor ostensibly offers the "all-time" deal at the arraignment. They do this

1. equally an incentive for you to accept responsibleness for your actions, and
2. to avoid the time and expense of proceeding farther through the California criminal court process

Depending on the circumstances of your particular instance, the prosecutor'due south offer may be

• the minimum DUI penalty authorized by police force,
• an enhanced penalty if in that location are aggravating factors (discussed beneath in Department 1.three. Sample arraignment offers), or
• if the case has significant flaws, the prosecutor may even inquire you to plead guilty to a reduced DUI charge with a lighter judgement, such as

• a "moisture" reckless under California Vehicle Code 23103 per 23103.5 VC,
• a "dry" reckless nether California Vehicle Code 23103 VC,
• an exhibition of speed under California Vehicle Lawmaking 23109(c) VC,
• Penal Code 647(f) drunk in public, or even
• ane or two moving violations (mere infractions) such as speeding or unsafe lane changes (Vehicle Code 22107).

But as height Van Nuys DUI defense force attorney Darrell Yorkⁱⁱ explains, "When the prosecutor doesn't offer a reduced charge…or even sometimes when he/she does…it may not be in your all-time involvement to "plead out" at this stage in the proceedings. Your attorney volition not accept had a proper opportunity to investigate the example prior to the arraignment."

i.ii. Arraignment strategies for DUIs at the Van Nuys Courthouse

The arraignment is actually the first opportunity for the defense attorney to receive the police force report and blood or jiff BAC analysis reports. The prosecutor usually provides these to the defense at the first court date.

This ways that…at the time of your arraignment…your attorney probably hasn't withal had a proper run a risk to evaluate the example to know whether yous should "have the bargain" or plead "non guilty" and set the example for pretrial.

Generally speaking, unless the offering is "as well adept to pass up"…perchance because on data you provided to your Van Nuys DUI defense chaser, but of which the prosecutor is still unaware…your attorney will likely advise you to advance the case to pretrial or request a continuance of the arraignment.

And virtually attorneys who regularly defend DUI cases at the Van Nuys Courthouse will automatically request a two-week constancy which allows the attorney to conduct some boosted investigation on the instance.

There are 2 advantages to doing this:

1. it keeps the prosecutor'south offer on the tabular array, and
2. it allows some additional time earlier the clock begins to run for trial.

The second factor is especially important considering DUI cases at the Van Nuys Courthouse go along a very strict timeline: judges will non allow a boozer driving instance to go more than 90 days without going to a jury trial. This means that if the case doesn't settle within that timeframe, the gauge will not grant whatever farther continuances. You lot must either plead guilty or become to trial.

Simply the fact is that in one case a skilled DUI defense lawyer begins his/her investigation, he/she will likely observe legal defenses and weaknesses in the prosecutor's case that will help fight the DUI and pb to a better DUI plea bargain down the road.

1.3. Sample arraignment offers

Typical DUI Van Nuys Courthouse arraignment offers are as follows:

• A "standard start"…that is, a first-time DUI with no aggravating factors…consists of

• 36 months of informal DUI probation,
• a $390 fine (∗fines end upwards existence about 3 times the stated amount due to penalties and assessments),
• completion of a three-month California DUI school,
• a six-calendar month driver's license break (though we are usually able to secure a restricted license that allows driving to and from work, and you should be able to continue driving without restrictions if yous concord to get an ignition interlock device "IID" installed – California Senate Bill 1046)

• A "standard 2d" consists of

• 36 to sixty months of breezy probation, depending on the circumstances,
• at least 96 hours in a canton jail,
• a $500 fine with the aforementioned caveat regarding penalties and assessments equally above,
• completion of an eighteen or 30-month DUI school,
• a two-year license pause (which you may be able to convert to a restricted license afterwards one-year, or you should be able to continue driving without restrictions if you concord to get an IID installed), and
• installation of an IID.

• A "standard third" consists of

• 60 months of informal probation,
• a minimum 120 days in a county jail,
• a $500 fine plus the penalties and assessments noted above,
• completion of a 30-month DUI schoolhouse
• a iii-year license interruption (or you should exist able to keep driving without restrictions if you agree to get an IID installed),
• designation as a habitual traffic offender ("HTO"), and
• installation of an IID.

Aggravating factors, such equally

• a particularly high claret alcohol concentration "BAC",
• a refusal to submit to a chemical blood or jiff test,
• an accident,
• DUI with a child under 14 as a passenger in the car,
• DUI while driving at excessive speeds,
• driving on a suspended driver's license or driving without a commuter's license,

• prior DUI convictions, or
• some other type of criminal history

typically increase these DUI penalties.

And if yous had a especially high BAC, you may besides be required to attend between 26 and 52 Alcoholics Bearding "AA" meetings within your first year of probation.

If yous were involved in a traffic accident, you may be required to complete ten days of community service or labor, such every bit Caltrans roadside work.

And, of grade, these DUI offers at the Van Nuys courthouse volition vary, depending on the specific facts of your case. Cases that do not resolve during arraignment advance to the pretrial process.

Cases that do not resolve during arraignment advance to the pretrial process.

2. The DUI Pretrial Process at the
Van Nuys Courthouse

Once a case has moved out of the arraignment court, it advances to pretrial. When a case enters the pretrial procedure, it is sent to a new courtroom and assigned a new prosecutor. Information technology is in this court where

• • your attorney will proceed to engage in DUI plea bargain
    negotiations with the prosecutor,

• • your chaser will argue whatsoever pretrial motions, such every bit a Penal Lawmaking 1538.v PC Movement to Suppress Evidence and/or a
    Pitchess Motion to see if the arresting officers have a history of police misconduct

• • your jury trial volition well-nigh likely ultimately take place, should you cull to have your case to trial.

A savvy Van Nuys DUI defense attorney may endeavor to stretch the 90-day timeframe as far as he/she can. This is because continuances are often good for the defense force. Every bit time goes on, memories fade, officers go on vacation or get transferred and evidence becomes less articulate.

If the case doesn't resolve during the pretrial procedure, then the case goes to trial.

3. DUI Trials and Sentencing at the
Van Nuys Courthouse

Because and then many DUI trials take identify at the Van Nuys Courthouse, they move through the arrangement in an most robotic fashion. The prosecutor and his/her witnesses usually consist of

1. 1. the absorbing officer, and

1. a member of the 50.A.P.D.'s Scientific Investigation Partitioning ("SID") (a criminalist who will testify that your BAC and/or field sobriety exam "FST" performance is consequent with someone who is nether the influence) …

These witnesses oft merely regurgitate facts and data, failing to distinguish between defendants or arrests.

A defense attorney who often handles DUI cases at the Van Nuys Courthouse not only expects this simply is readily familiar with these officers and SID criminalists and their typical testimony. As a result, a knowledgeable lawyer can anticipate

1. 1. what questions to inquire his/her witnesses,

1. 1. what questions will exist useful to discredit the prosecution witnesses on cross-exam, and

1. what defenses will be virtually effective in a particular case.

3.one. The sentencing hearing

The DUI lawyer's objective at trial is to persuade the jury to return a "non guilty" verdict. If they do, the charge is dismissed and the instance is over.

On the other hand, if the jury finds y'all guilty, the court will concur a sentencing hearing.

At the sentencing hearing, your attorney will try to persuade the approximate to impose a minimal judgement. Conversely, the prosecutor volition unremarkably effort to persuade the judge to impose a harsher sentence.

But unless new aggravating facts were revealed during the trial…or the judge believes that y'all committed perjury if you chose to testify)…the judge will most likely impose a sentence that is similar to the ane that the prosecutor offered you prior to trial. If new aggravating facts were revealed, or the judge believes y'all lied on the stand, he/she may likely increment your judgement.

The expert news is that Van Nuys DUI judges are open to culling sentencing. "Culling sentencing" allows a accused to serve his/her sentence at domicile or in a individual jail in lieu of serving time in county jail. The about common alternative sentencing options include (just are not limited to):

• • serving time in a individual metropolis jail (such every bit the Pasadena City Jail or the Beverly Hills Jail rather than with the general population at a county jail like the Twin Towers),

• • electronic monitoring,

• • firm arrest, or

• performing customs labor like CALTRANS roadside work or community service.

This is just one more than reason why hiring a California lawyer who routinely defends DUI cases at the Van Nuys Courthouse is so invaluable. An experienced Van Nuys DUI attorney knows which judges will let alternative sentences, what arguments are virtually likely to convince them to sentence you in this fashion and how to secure the most favorable results for his/her clients.

Telephone call united states of america for assistance…

For more data about DUI cases at the Van Nuys Courthouse, or to discuss your case confidentially with ane of our attorneys, practice not hesitate to contact us at Shouse Law Group.

Our California criminal law offices are located in and effectually Los Angeles, Orangish County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

References:

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¹Our California DUI defense attorneys accept local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Embankment, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier. Nosotros accept boosted law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

²Van Nuys DUI defense attorney Darrell York uses his former experience as a Glendale Law Officer to represent clients at the Ventura Hall of Justice, the Van Nuys courthouse, the Pasadena courthouse, the Burbank courthouse, the Glendale courthouse, the Lancaster courthouse, the San Fernando courthouse, the Criminal Courts Edifice and at local DMV commuter safety offices to behave their DMV hearings.

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Source: https://www.shouselaw.com/ca/dui/cases-at-van-nuys-courthouse/

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