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September 1, 2017 | admin Do the Rights I have in a Misdemeanor Criminal Case differ in my Los Angeles DUI Case?
There is a series of literature that talks about the rights a person has when they are in a court of law or when they are facing certain DUI criminal charges. As it is stated many times, there are some rights and protections you have as a suspect that is provided to you by the Constitution of the United States. The rights can only be waived after much consideration. Otherwise, they are taken seriously. The rights that you have when you are facing a DUI charge in Los Angeles are the same as any other criminal case charge you might be facing. Any DUI offense or charge against you is a criminal charge. Therefore, the rights and protections that a DUI charge will have are the same for your case. They are also extended to you as you are charged with a DUI case in the state.
For you to understand the legal rights that are available for you when you are faced with a DUI case, ensure you speak to an experienced Los Angeles legal representative to tell you more about the rights.
Every person has the legal rights to know their charges as it is in any case in a court of law. The judge will not hinder you from exploiting your right to know the full charges you are facing in a court of law. Because it is a DUI offense, the case will be enacted through the California Penal Code Number 23151 and 23152. The California Vehicle Code number 20002 that talks about the hit and run case may also be charged against you as an addition.
Whenever you are charged in a court of law, you have the necessary legal rights to be on bail. In most cases, the person who is charged with a DUI case will be held in custody for the time the case proceeds in court. If the person is injured, this action will take place immediately. If you also have a long criminal record, you will be subjected to custody awaiting trial. If you are also set to custody, the judge will credit you to a set bail. The judge will consider two things when setting the bail. If the person is at danger to society, the judge will consider that before setting the bail. They will also consider if the person is a flight risk.
The person in track also has a right to have their trial go faster. This also means that they have the necessary rights to have their case completed within 30 days from the arraignment date when they were placed into custody. They also have the right to have their trial completed within 45 days if the person is not in custody.
In any case, your rights to enter a plea will not be violated by anyone on the court. Any way you choose between the no contest plea, the no guilty plea, or a guilty plea are all choices no one can disengage. For whatever plea you decide to enter, you are the only person who has the necessary legal rights. No one can decide on your behalf. The Los Angeles criminal attorney will not have the right to enter the plea on your behalf. Before you appear in a court of law in the state, an experienced and knowledgeable attorney will discuss the plea with you as they have seen fit for your case to proceed to trial. The experienced Los Angeles attorney will also analyze your case as it appears in the court records to determine the possibility of entering a plea.
As a suspect for charges concerning DUI in the state, you have the right to be sentenced by the judge in a criminal court of justice. This is part of your numerous rights as a suspect in the state. When you look at the sentence provided to you by the judge, it must tally with the statement stated in the penal code of the DUI case you entered. If you agree to the Harvey Waiver, then you will have an exception. This waiver allows you to be sentenced based on the dismissed charges.
As a criminal suspect, you have a limited range of rights. However, your rights are important to you. Therefore, ensure that you understand your rights carefully. You can also contact your Los Angeles attorney to explain your rights as you expect to exercise them through the process.