If you have been accused of a crime, speak with our criminal defense lawyers today. Malhotra and Malhotra handles simple to complex criminal matters efficiently. We will work to get the charges dropped or lowered, protect our client’s rights, conduct a thorough pre-trial investigation, hire expert witnesses and negotiate with prosecutors to minimize possible sentences.
If you have a legal issue and are looking for reliable and trustworthy representation, speak with one of our attorneys today. Contact us for a free case evaluation.
Assault & Battery
DUI - Driving under the influence of Alcohol/Drugs is the most common offense in our society. It can be charged as either a misdemeanor or felony DUI, depending upon your record or whether there were serious injuries.
If you are arrested for a DUI in California, you have the right to refuse to do the field sobriety tests and the portable breath test that the police want you to take in their field investigation. However, California law requires that you take a blood or breath test after you are arrested and brought down to the police station.
The first step in DUI procedures is the arrest itself. You will be taken to jail and asked to post bond or wait until you are released. Depending on whether you are held or not, you will
be expected to appear at an arraignment set by the court. This is your first formal court appearance and involves speaking with a judge to find out your charges, your legal rights, and set the
dates for your trial. During your arraignment hearing, you will be asked to enter a plea – guilty, not guilty, or no contest.
Next, the discovery process begins. During this time, your attorney will gather all possible evidence in your defense, filing motions and requesting applicable reports and documentation from the prosecution. This is a vital time in the execution of your DUI case because the evidence gathered during discovery could mean the difference between jail time and license suspension and a reduced or even dropped charge. Plea bargains are also generally offered during this pre-trial discovery period.
If you are not offered a plea bargain, your case will go to trial. After the jury is selected, evidence will be brought both for and against you. Expect statements, examination and cross-examination of witnesses, jury deliberation, and a verdict at your trial, which could last for days. If you are found innocent, you will walk free. If not, sentencing is the next phase of DUI procedures. Sentencing will vary depending on the verdict and the severity of the DUI.
Hit & Run
Driving without a License