If Your Witness Doesn’t Show Up for Court, What Happens?
In a criminal case, witnesses are often critical – to both the prosecution and the defense. A witness can provide important testimony, such as giving a defendant an alibi. So what happens is they don’t show up for court?
If a witness is legally obligated to appear in court through a subpoena, they could be charged with contempt of court if they do not appear. While there are valid reasons for a witness to get out of a subpoena, if they don’t show up, they could be charged with contempt – a misdemeanor offense.
At the Law Office of Amy Chapman, we work with our clients to put together the strongest possible defense to the charges against them. Our goal in each case is to help our clients achieve the best possible outcome to the charges against them. If you have been charged with a criminal offense in Santa Rosa, California, give our law firm a call to schedule a free initial consultation.
What Happens If a Witness Doesn’t Appear in Court?
In a criminal case, witnesses are usually subpoenaed to appear in court to testify. A subpoena is an order for a witness to appear in court. In a criminal case, a subpoena can be signed and issued by a magistrate or judge, a district attorney, a district attorney investigator, or a criminal defense lawyer who represents the defendant.
A witness must be personally served with a subpoena for it to be considered valid under California law. If a witness doesn’t appear in court after being personally served with a subpoena, they could be arrested for contempt of court.
If a witness fails to appear after being subpoenaed, then they could be fined, jailed until they comply, the proceedings end, or are charged with a violation of a court order (contempt of court). Contempt may either be civil or criminal. Typically, civil contempt is used to pressure a witness to testify, while criminal contempt is used to punish a witness who fails to show up or refuses to testify.
Witnesses who are charged with either civil or criminal contempt are entitled to certain constitutional protections, such as the right to consult with a lawyer. Criminal contempt is a misdemeanor offense that is punishable by up to a year in jail and/or a $1,000 fine. A victim of domestic or sexual violencecannot be jailed for refusing to testify.
Can a Witness Get Out of a Subpoena?
In some cases, a witness can lawfully avoid testifying in a criminal trial. If you have been subpoenaed in a criminal case and do not want to testify, you may be able to work with the prosecutor or defense attorney to figure out an alternative to appearing in court.
Valid reasons to get out of a subpoena may include:
Did not receive or was not personally served with a subpoena;
Medical emergency
Family emergency
Self-incrimination (5th amendment)
Privilege
Importantly, even if you have a good reason to not testify, you can still be held in contempt of court if you do ignore the subpoena. If you have been served with a subpoena to testify in a criminal trial in Santa Rosa, CA and you do not want to testify, your best course of action is to contact a criminal defense attorney who can help you work with the prosecutor and/or lawyer for the defendant to see if you can avoid going to court.
Have You Been Charged with a Crime? Reach Out Today.
When a witness fails to appear in court or otherwise refuses to testify, they can be held in contempt of court. A criminal defense attorney can help you understand your subpoena witness rights, and what will happen if a witness fails to appear in court.
Based in Santa Rosa, the Law Office of Amy Chapman is dedicated to upholding the constitutional rights of our clients. We aggressively advocate for people charged with all types of crime, from petty theft to serious and violent felonies. To learn more or to schedule a free consultation with a California criminal defense lawyer, give us a call at 866-945-7464 or fill out our online contact form.
How to Expunge a DUI in California
DUI is one of those offenses that nearly anyone can commit, even if they consider themselves normally law-abiding. An unexpected trip to the bar after work can leave you more impaired than you realize, and if the police pull you over, you may face a DUI arrest that impacts the rest of your life.
How Does a DUI Affect Your Future?
In California, it is illegal to drive with a blood alcohol content (BAC) of 0.08% or higher. If you’re operating a commercial vehicle, the BAC limit is 0.04%. In addition, if you are under 21, a BAC over 0.01% can get you in serious trouble. If convicted, even a first-time offender can face the following:
Hefty fines..
Up to six months in jail.
A six-month license suspension. If you refused BAC testing, you face a one-year administrative suspension.
Probation lasts anywhere from three to five years. As a condition of probation, you will have to complete a three-month DUI school. If your BAC when arrested was .20% or more, the program would be extended to nine months.
Repeat offenders face more jail time, a longer license suspension, and longer-term attendance at DUI school.
In addition to the above penalties, you are left with a criminal record that can damage your future rights and opportunities. Whenever a prospective employer, landlord, or licensing entity checks your background, your DUI conviction may appear. If you become involved in a contentious divorce, it can affect your chances of getting custody of your children.
Many people assume that a DUI conviction is a lot like a black mark on your credit report: as time passes, it becomes less significant and eventually disappears. It’s not true. Any conviction remains on your record indefinitely. That mistake you made while celebrating your 21st birthday can be used against you years later by a vindictive spouse during a custody dispute.
The good news is that under certain circumstances, you may be able to expunge a DUI conviction from your criminal record. However, the process is complicated, and you stand the best chance of success if you work with an experienced California expungement lawyer.
How to Get a DUI Off Your Record in California
In California, a convicted offender may be able to expunge their criminal record. What this means is that your DUI conviction will no longer be visible when potential employers, landlords, lenders, or members of the general public run a background check on you. You will also be able to answer ‘NO’ when asked if you have been convicted of a criminal offense (provided that you have no other convictions).
Expungement does NOT mean that your record is completely erased, however- it may still be seen by court officials and members of law enforcement who want to determine if you have a criminal record. A DUI conviction will also remain on your California DMV record. Aside from these exceptions, your past mistakes will essentially be invisible.
Who is Eligible for a DUI Expungement in California?
Not all DUI convictions are eligible for expungement. If your DUI was prosecuted as a felony offense and you served time in state prison, you won’t be able to expunge it from your record. Felony proceedings may occur if you caused an accident resulting in serious injury or death or you have at least three prior convictions within the past ten years.
When Can You Expunge Your California DUI?
You may apply to expunge your DUI as soon as your probation ends, provided that you fulfilled all the terms of your probation. Depending on your case, these terms may include:
DUI school attendance
Payment of all fines
Completion of community service
Under California law, the minimum probation term for DUI is three years. You may seek an early termination of your probation, but this is difficult to do, as both courts and prosecutors tend to take an aggressive stance on DUI cases.
If you were not placed on probation, you must wait one year after the date of your conviction.
What if You Are Arrested for DUI Again After an Expungement?
In California, DUI offenses are ‘priorable,’ meaning that the penalties increase with each conviction over a ten-year period, even if you expunge your record. For example, if you are a first-time offender and successfully expunge your conviction, you will be prosecuted for a second-time DUI if you are arrested again within ten years.
Do You Need an Attorney for a DUI Expungement?
Legally, no, but it’s highly recommended.
Many people try to file expungements on their own, only to make a mistake that leads to a denial. Then they have to spend more money hiring counsel to file a motion for reconsideration, followed by a new, corrected application for expungement.
Before granting an expungement, California courts must be convinced that doing so is in the interest of justice, and no judge wants to be perceived as being lenient in DUI cases. You need experienced legal counsel, ideally someone with a strong background as a DUI lawyer.
Amy Chapman has years of experience protecting the rights of DUI clients. She fights to prevent past missteps from limiting your future and will readily help those eligible for an expungement take advantage of this important opportunity to start over.
When you retain the Law Office of Amy Chapman, you benefit from an expungement attorney who will:
Explain California’s complicated expungement laws to you, so that you know very quickly whether you qualify and what you must do to get it done.
Gather the required documentation about your DUI conviction, which can be difficult for older records.
Present a compelling case for why your record should be expunged. It’s not enough to simply qualify- the court must be convinced that the expungement is consistent with public welfare and the interests of justice.
Santa Rosa, California Expungement Forms & Processes: What to Know
Being charged with a crime in California can be a life-changing ordeal. With fines, possible jail time and countless court obligations, your personal and professional reputation can also take a hit as long as these charges remain on your record.
Thanks to allowances in California law, however, individuals with criminal records are allowed the chance to “clean their plate” through a process known as expungement. By simply filling out a few forms and consulting with an expert criminal defense attorney, you could be well on your way to having a clean record—and the peace of mind knowing that your past convictions can no longer be used against you.
The California Expungement Process
Contrary to popular belief, expungement does not “clean” your record, per se; instead, your guilty plea or conviction is withdrawn and replaced with a permanent not-guilty plea, which is subsequently dismissed. In the eyes of the law, this makes it appear as if the conviction never occurred in the first place.
Generally speaking, you can qualify for expungement in California if:
You are not currently serving probation;
You are not currently facing another criminal charge; and
If you received a felony charge that resulted in a prison sentence, you may not qualify for expungement. In addition, if your crime was for certain sexual offenses against, you may not qualify as well.
If you do meet the criteria, you must make sure that all court-ordered fees and restitution have been paid before you are able to apply for expungement.
Expunging a Felony Conviction
In California, felonies that qualify for expungement may also be eligible to first be reduced to a misdemeanor. These felonies are those that could have been charged as a misdemeanor—also known as a “wobbler.” A good way to see if your charge qualifies as a “wobbler” is to look at the language of the sentencing. If, for example, your crime is punishable by prison time or jail time, then it is very likely a wobbler that qualifies for expungement.
In order to expunge a wobbler felony, you must petition the court to reduce the charges to a misdemeanor, and then file for dismissal of the misdemeanor. This can be done by filing a petition under Pen. Code, § 17(b) (to get a felony reduced) and a petition under Pen. Code, § 1203.4 (to get your charge dismissed).
Expunging a felony can only be done once your sentence(s) have been served. This includes any jail time in county prison, as well as any remaining term of probation you may have been ordered. If you are convicted of a felony, are still on probation but wish to have your felony expunged, you must also file a petition under Pen. Code, § 1203.3 to have your probation terminated early.
If you were ordered to serve time in state prison, you may be unable to have your felony expunged. If you served time in prison for a charge that is now eligible to be served in a local jail, you can seek expungement. Even if you are not eligible for expungement, you may be able to receive a Certificate of Rehabilitation and Pardon, a court order declaring that you have been rehabilitated after a California state criminal conviction. A pardon received by the Governor, if your application is accepted, will restore your civil and political rights of citizenship to a similar degree that expungement would in many cases.
Expunging a Misdemeanor
As outlined in Pen. Code, § 1203.4, expunging a misdemeanor is as simple as submitting a petition to have your charges dismissed. By obtaining a copy of your criminal record and filling out the required forms, you may petition the court to dismiss your charges. This process is very similar to that of expunging felonies in that you must have served out any sentenced probation (or have it terminated early) in order to be eligible for expungement.
California Expungement Forms
There are three primary forms used by the court to expunge convictions from your record in California. These must be completed and delivered to the county in which you have received your conviction, and include:
*Please note that Form MC-031 may not be required in all cases.
These forms may be completed and submitted independently (i.e. without the assistance of a lawyer), but it is recommended to retain an experienced California expungement attorney to assist you with ensuring that all of your paperwork has been sufficiently completed and delivered to the required parties. This ensures that you have all of your bases covered and that the expungement process concludes as quickly as possible—typically within 12-16 weeks.
Contact an Experienced California Expungement Attorney
If you are searching for “expungement lawyer near me” for a felony or misdemeanor charge in California, you may require legal assistance along the way. The process for expungement in California is deceptively simple, and you may be required to fill out additional forms along the way. Without an insider knowledge of how criminal courts operate, this may put you at a disadvantage for getting your life back on track.
With expert, personalized attention put into each case we take on, we are confident in our ability to help you. If you have any questions about expungement in California or believe that your record is eligible for this process, contact The Law Office of Amy Chapman today to schedule a free consultation.
What Happens When You Get a Second DUI in California?
If you have been arrested or convicted of a second DUI in California, you should be aware that the consequences are typically much more severe than they were during your first offense. Nearly all penalties—from jail time to license suspensions—will increase in duration and severity during repeat DUI convictions, and judges are also less lenient when dealing with repeat offenders.
What Counts as a Second DUI?
If you have any previous DUI conviction on your records in the past 10 years, it will count as a “prior” DUI in all subsequent arrests and convictions related to driving while under the influence. Certain other offenses, such as a wet reckless conviction, also count as a prior DUI. However, it is critical to note that DUI arrests (not resulting in convictions) do not count as a first-time DUI.
Like a first-time DUI, any subsequent offense will be handled by two different processes: the criminal justice system and the California DMV, each with its own set of penalties.
A minimum of 96 hours to a maximum of one year in county jail;
Between $390-$1000 in fines, plus additional penalty assessments that can be thousands of dollars more;
Completion of an 18-month or 30-month court-approved California DUI school;
Installation of an IID; and
A two-year driver’s license suspension.
Aggravating Factors
A second DUI conviction may carry harsher penalties if certain aggravating factors are involved, such as:
Driving with a blood-alcohol content of .15% or higher
Refusing to agree to chemical testing or a breathalyzer
Speeding while under the influence
Underage DUIs
Driving under the influence with a minor passenger
If any of these factors apply to the case, the prosecution may seek harsher penalties. These penalties may include increased jail time, mandatory participation in a substance abuse treatment program, higher fines, and community service. When the charge is increased to a felony, the defendant may face prison time instead of a county jail sentence.
What are the California DMV’s Penalties for a Second DUI?
The California DMV typically imposes administrative penalties upon a driver who has been arrested for a second DUI, even if there is ultimately no conviction. The California Department of Motor Vehicle is the only authority that can or will suspend a California driver’s license and/or give restricted licenses.
An automatic license suspension is triggered in one of two ways:
By failing to request a DMV hearing within 10 days of the date of the arrest, or by losing the hearing. This is known as an Administrative Per Se (APS) Suspension.
In the case of a second DUI conviction, the court-triggered suspension is 2 years in length. However, the APS suspension is only 1 year in length if there is one prior DUI on record within 10 years. If you submitted to a chemical test and show proof of installation of an ignition interlock device (IID), a restricted license may be obtained. With a restricted license, a driver may operate any vehicle with an IID installed for 12 months.
Unfortunately, if you refused a chemical test upon arrest, there is no way around a license revocation. Your license will be revoked for two years with virtually no ability to receive a restricted license during this time. Because of this, our experienced Sonoma County DUI attorneys say it is critical to submit to chemical tests upon arrest in order to avoid the most severe penalties of a second DUI in California and have the best chance of expunging your second DUI from your record.
How Can You Get a Second DUI Expunged in California?
The penalties for a second DUI in California may be serious, but you can still get your life back on track after a second conviction. California law allows you to apply for an expungement of the charge, which will remove the conviction from your criminal record. However, you must meet the state’s requirements for expungement.
You will be eligible to apply for expungement after the completion of your probation term, as long as you have fulfilled all of the terms of your probation. If you meet these requirements, you may petition the court to expunge your record as soon as the probation term ends. Your petition will be reviewed by a judge, who will decide whether you qualify for expungement.
If the judge accepts your petition, you will be allowed to withdraw your guilty or no contest plea and enter a new not guilty plea, and the judge will dismiss the case. If you did not plead guilty but were convicted by a jury, the judge will set aside the verdict and also dismiss the case.
Felony charges that involved state prison time are not eligible for expungement. However, in some cases, an experienced California DUI attorney may be able to get the conviction reduced to a misdemeanor and apply for an expungement.
What Are the Possible Legal Defenses Against a DUI Charge?
Many people who are charged with DUI assume that they cannot beat the charges, but this is not always true. An experienced DUI attorney can evaluate all of the circumstances surrounding your case and determine if you may have grounds for a dismissal or acquittal of the charges. While some cases may be best handled with a plea bargain, others are beatable and should be challenged.
There are three main defenses to DUI in California:
You were not intoxicated – Field sobriety tests are notoriously unreliable, which leads to innocent people getting arrested for driving under the influence. The results of a field sobriety test can be challenged in court.
Your driving was not impaired – According to the National Highway Traffic Safety Administration, driving patterns are only an indicator of DUI about 35% of the time. If you were charged with DUI based on poor driving alone (such as speeding or weaving through traffic), the charge may be beatable.
The arresting officer violated your rights – If the arresting officer did not follow official procedure during the arrest, the charge could be dismissed. This may include failure to read Miranda rights, insufficient probable cause, and other violations of your legal rights.
Determining the strongest defense to your charges will require legal guidance. A DUI defense attorney can investigate your entire case for key factors that could get your charges reduced or dismissed and present these findings to the prosecution. If your case does go to court, your attorney can argue on your behalf based on their findings and push for an acquittal.
Do DUI Penalties Vary by County in California?
DUI laws and penalties apply on a statewide basis in California, but your experience may vary slightly depending on the county where the charges were filed. Statewide penalties have a range of minimum and maximum sentences, so the severity of your sentence may depend on the tendencies of a local judge. Some judges are more prone to handing down harsher penalties.
Because of this variation from county to county, it is best to find an attorney with experience handling DUI cases in the county in which you were charged. A local attorney will have a deeper understanding of local courts and may have longstanding professional relationships with prosecutors and judges. This local knowledge and experience are often useful when fighting against DUI charges.
Is it a Second Offense if My First DUI Was in Another State?
You may be wondering – if I was convicted of my first DUI in another state, does a DUI in California count as a second offense? In most cases, the answer is yes.
The California Department of Motor Vehicles receives information about DUIs from other states when new California residents apply for driver’s licenses. A previous out-of-state DUI conviction will likely be considered your first offense if the conviction is less than ten years old and your previous state’s DUI laws are similar to California’s.
Contact an Experienced California DUI Attorney
Being arrested for a second DUI in California can be an incredibly traumatic experience for all parties involved. A second DUI conviction can quickly become a threat to your finances, freedom, and future if you are found guilty, and too often, individuals who are arrested for a second DUI are ultimately convicted.
In order to reduce your sentence and ultimately expunge your second DUI from your record, it is necessary to retain an experienced California DUI attorney to represent your best interests during your court hearings. This will give you the best chance to truly understand the process and reduce the hefty legal and administrative penalties levied against you.
If you or a loved one has an upcoming hearing and requires expert and personal attention to their case, contact The Law Office of Amy Chapman today to schedule a free consultation.
What is a “Wet Reckless” Charge in California?
Although a wet reckless driving charge is the most common type of plea bargain offered to DUI offenders, it does not guarantee that it will be offered in your case. The primary benefits of pleading guilty to a reduced charge include possibly not having to go to jail and not having a lengthy license suspension put in place.
If you were arrested for driving under the influence (DUI) in California, you may be able to get this charge reduced to a lesser offense. In order to do this, however, you must have a strong argument for your defense—and have an experienced California DUI attorney to represent your case for the best chance at receiving this plea bargain.
Benefits of a Wet Reckless Charge
“Wet reckless” is a charge reduction authorized by California Vehicle Code 23103.5 VC. It carries the same penalty as VC 23103 (“dry reckless”) and offers several benefits over a DUI, including:
Mandatory fines (up to $1,000) may be reduced;
Mandatory alcohol-related classes may be reduced;
Jail time may be reduced (five days to three months), if not eliminated entirely;
Elimination of the requirement to have an ignition interlock device (IID) installed on your vehicle. This is normally required after a DUI conviction;
Ability to maintain jobs and/or professional licenses that forbid a DUI conviction; and
Your criminal record will show a wet reckless conviction as opposed to a DUI.
It is important to note that while your DUI offense may be reduced to a “reckless driving” offense in the eyes of the law, a wet reckless charge can still count against you in the future. For example, if you are convicted for a DUI within 10 years of pleading guilty to a wet reckless charge, your case will be treated as if you are a repeat DUI offender.
Disadvantages of a Wet Reckless Charge
The biggest disadvantage of entering a plea of “wet reckless” is that you are accepting a guilty verdict without a chance of appealing the charge. There are other “better” resolutions that can come with a standing trial in a DUI case, including:
The prosecutor could drop all charges before trial;
The judge could dismiss all charges before trial; or
You could obtain a “not guilty” verdict.
However, winning a DUI case can be challenging without the assistance of an experienced California DUI attorney and should not be taken lightly. Entering a plea bargain can help you maintain your record and reduce the charges laid out against you when you would otherwise be found guilty of a DUI under California law, and a wet reckless plea bargain should be always be considered when possible.
In addition to a guilty verdict, you may still face a license suspension from the DMV, as this process is separate from the mandatory license suspension that comes with a criminal DUI conviction. In order to keep your license, you must request a hearing with the DMV within 10 days of your arrest.
In the same vein, your insurance company may also increase your rates, similar to how they would with a DUI conviction.
Contact an Experienced California DUI Attorney
Being arrested for a DUI does not necessarily mean that this is the charge you will receive on your record. With proper planning and strong legal defense, you may have this charge reduced to a “wet reckless” offense or eliminated altogether.
If you or a loved one has been charged with DUI in California, then you’ll need to act fast in order to have the best chance of receiving a wet reckless plea bargain. The sooner you are able to retain a lawyer who will fight on your behalf, the better chance you have at getting the best possible outcome. For more information or to schedule a free consultation, contact The Law Office of Amy Chapman today.
