Right to Attorney Extends to Plea Deals

The Supreme Court last week ruled, for the first time, that defendants have a right to competent advice from an attorney when dealing in plea negotiations for lighter sentences.

The Court noted that, at a minimum, the defendant must be informed of all formal offers made by the prosecution that would result in a favorable plea deal.

Writing for the majority opinion, Justice Anthony Kennedy noted that our nation’s criminal justice system is largely a “system of pleas, not a system of trials.” 94% of state convictions result from guilty pleas and not trial verdicts. Thus, it is crucial that the constitutional right to a competent lawyer extend to the back-and-forth of plea negotiations.

This nationwide trend in plea deals is also apparent in Los Angeles County courthouses. Depending on the facts of the case, it may be beneficial to discuss plea options with the prosecutor in an attempt to reduce the sentence.

If you have been charged with a DUI, other driving under the influence charges, possession of drugs or hit and runs in Los Angeles, Beverly Hills, or in the Airport courthouse, it is imperative that you contact criminal defense attorney Ross Erlich as soon as possible. Retaining an attorney early on in the process can help facilitate the dialogue between your defense attorney and the prosecutor in attempts to resolve the matter before it gets filed in court or early on in the legal process.

Drugged Driving On The Rise in Los Angeles

Even with alcohol-related traffic fatalities on the decline, the number of deadly car accidents involving drugs is on the rise.

The California Office of Traffic Safety recently announced that 30% of all drivers killed in car accidents in 2010 tested positive for legal and/or illegal drugs. The key to the increase of arrests for “driving while drugged” is the Office of Traffic Safety’s teaming up with the California Highway Patrol to increase drug recognition police officer training.

Driving under the influence of drugs, legal or not, may still result in your arrest for DUI or other driving under the influence charges. Under Penal Code section 23152(a), you will be arrested if a police office believes that you are driving while “under the influence of drugs, or alcohol, or both.”

If you have been arrested for driving under the influence (DUI) and have a court appearance at the Airport Courthouse, Beverly Hills Courthouse or anywhere in the Mid-City area, contact attorney Ross Erlich as soon as possible. It is important to start working on your case early in order to pursue other possible avenues to resolve your matter without going to trial.

Posted in DUI