Posts by Danny Saleh

DUI: DMV vs. Court What’s the Difference?

  A tough concept for clients in a DUI case to understand is that they are fight two battles not just one. Both matters are completely unrelated. The DMV will have a chance to penalize you by imposing a license suspension. Another tough concept to understand is that the results in one proceeding will have little to no effect on the other. The truth is with the DMV is that they are free to act independently of the court system. Lets say criminal charges are dismissed by the prosecutor the DMV will usually ignore this and proceed to suspending your
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Misdemeanor Diversion LA COUNTY

There is a new misdemeanor diversion program in LA County pursuant to Penal Code Section 1001.94. You have to be charged with a crime in any court in LA County. This is a program where if you complete all the requirements set by the court you may get your case dismissed on your next appearance date (proof of completion date, generally a year). This is a motion that can be done by your attorney and the court can grant you the diversion program over the prosecutors objection. However, there are two elements to be met by your attorney in order
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Misdemeanor Arriagnment

When you are charged with a misdemeanor crime you generally will receive a citation or a notice to appear in court with a set date. That date will be your first appearance before the court unless you receive a notice of correction with a changed date. The arraignment proceeding is completely procedural, which means you will not be able to argue your case before the court. The court will call your case, the court will inform you of your charges and your constitutional rights including your right to counsel. If you are in custody at the time of your arraignment
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Preliminary Hearing

A preliminary hearing is a bench trial to determine whether there is sufficient evidence to grant the case to trial. The purpose of the preliminary hearing is to establish whether probable cause exists to believe that the defendant has committed the crime. At the preliminary hearing, the court must be convinced only of such a state of facts as would lead a reasonable person to believe and conscientiously entertain a strong suspicion of the defendant’s guilt. If, after presentation of evidence, the magistrate determines that no public offense has been committed or that there is insufficient cause to believe the
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