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3 Things People Don’t Know They Need from a DUI Lawyer

When people consider a DUI lawyer, they often think of an attorney who zealously defends a person charged with drinking and driving in court. While this is part of what a DUI lawyer does, there are a number of things a DUI defendant needs. Here are three things that most people don’t know they need from their DUI attorney.

1. Help with the Administrative DMV Hearing

In the State of California, you have a 10-day window of time in which to request an administrative DMV hearing. Your license will be suspended automatically if you do not request this hearing — which may be done over the phone. However, you are not legally required to have a hearing. It is, however, in your best interest to request one. An attorney will help ensure that the hearing has been scheduled. Your attorney can also help represent you in order to show the DMV that the suspension of your license isn’t justified or that it would cause undue hardship.

2. Keep Evidence Out of Court

Law enforcement officers have strict policies they must adhere to when evaluating someone for drinking and driving and making a DUI arrest. Any evidence against you could be considered inadmissible in court if the evidence was obtained in a way that violated said policies, which can be helpful in deconstructing the prosecution’s case against you. Evidence that can be challenged include but is not limited to:

  • Breathalyzer test results
  • Field sobriety test results
  • Blood test results
  • Urinalysis results
  • Officer observations

3. Help You Stay Out of Court (or Defend You in It)

If the evidence against you is challenged and much of it is considered inadmissible in court, the prosecution’s case begins to weaken and you may find that the charges against you are dropped. In fact, this is the goal and what your attorney will work towards. However, if the prosecution’s case against you is strong, your attorney can help you determine whether or not it would be in your best interest to accept a plea deal or fight for your rights in court.

Contact Sacramento criminal defense lawyer Jennifer Mouzis today to learn more about your rights under the law after a DUI arrest and to schedule a consultation to discuss the charges against you and what the best course of action will be. Call now for an appointment at 916-822-8702.

By : admin | May 24, 2017 | DUI

Sex Offender No More: How to Get Your Name Off the Registry

A crime conviction is difficult. If convicted of a sex crime, you must register on a state and national sex offender registry. This means that your pubic information will be available to anyone. This makes rehabilitation and moving on after a sex crime conviction challenging.

However, SB 421 gives sex offenders another chance — here’s why.

Penalties Based on Severity of Crime

In the past, all sex offenses were considered the same when registering as a sex offender. Statutory rape was lumped in with child molestation; there was no distinction between them when registering. However, this new California bill aims to make that distinction. It requires sex offenders convicted of less serious crimes to be on the registry for less time. On the other hand, individuals convicted of more serious crimes must register for longer, or even for life. At present, the bill places sex crime registration in three categories: 10 year registration, 20 year registration, and life registration.

Can Current Offenders Have Their Names Removed?

SB 421 allows previously convicted sex offenders to remove their names from the registry under certain circumstances. If, for example, you were required to register for 10 years and that date has passed, you should have your name stricken from the registry. Also, you would no longer need to meet other registration requirements, such as notifying the registry when you move, etc.

Being eligible to remove your name from the registry opens your life to new freedoms. It helps you put the past where it belongs — in the past.

Who Can Help?

To determine if your name is eligible for removal from the sex offender registry in California under the new law, talk to a seasoned attorney first. Your records must be closely examined to determine your eligibility under the new law. Then, you’ll need an attorney to petition the court and advocate for the removal of your name.

If you are convicted of a sex crime and believe your name can be removed from the sex offender registry, contact Sacramento criminal defense lawyer Jennifer Mouzis. Call for a consultation today at 916-822-8702.

By : admin | May 4, 2017 | Criminal Defense

Resentencing Results in Release

A client of Jennifer Mouzis was arrested in 2009 when he was 15 years old.

He was sentenced in 2012 to state prison for 15 years to life.

On this past Friday, Ms. Mouzis convinced the sentencing judge to overturn the 15 year to life sentence.  

And re-sentenced him to 7 years.

The judge then released him from custody for time served as he had already served enough time to satisfy the new sentence.

Ms. Mouzis was able to achieve this through extensive briefing, investigation by Paul Schindler, and argument in court.

By : admin | May 1, 2017 | News