1. What do I do if I am arrested by the police?
2. I've been arrested for driving under the influence. What will happen to me?
3. What is the normal procedure for a criminal case?
4. What is the prosecutor thinking when he is evaluating my case?
5. Should I just go with the public defender?

The best thing I can advise you to tell the police is nothing about what you've just been through. Many of my clients have told me that they were dying to tell the police their side of the story in hopes that they'd be released. Don't do this. The police won't be the ones making the decision to release you- they will leave it up to the DA to decide on the strength of the case.

So again, the number one thing that I can tell you is remain silent. Rarely if ever will it be to your advantage to talk to the police. Often, what you tell the police will come out in such a way that it will make you seem more guilty. As they say, what you say can and will be used against you.

Be polite to the officers that are arresting you. Tell them that you will cooperate with the arrest, but that you maintain your right to remain silent. Tell them you want to see your lawyer before saying anything. Then give me a call and left me handle every thing for you.

Defending yourself from an unfair prosecution is your lawer’s job.

It's hard to give you a straight answer without knowing more about your case and your past driving records.

One thing that is certain is that you'll be fighting your case both in criminal court and at the DMV court. As your lawyer, I can appear for you in both courts.

The punishment for a DUI ranges from jail/prison time to a fine with summary probation. Sometimes, depending on the facts, your case can be dismissed or negotiated down to what's called a wet reckless.

One thing that is crucially important is to call the DMV to set up a hearing within 10 days of your arrest. This can keep your license from being automatically suspended. If you call my office, we can set up the hearing for you at no additional charge.

In a misdemeanor case, the police gives you a citation for your court case. This citation should have a date when you are to appear in court. Then the police report is forwarded to the District Attorney’s Office. They then file a criminal complaint, which hopefully will be ready in time for the court date. Assuming this is so, at the first court date you have what is called an arraignment. This is where you plead guilty, no contest, or not guilty. A jury trial date is then set. Normally, the case is settled before jury trial. Often it settles at the eve of trial. When I was a prosecutor, I had many criminal cases settle at the last possible moment.

In misdemeanor cases your attorney can often appear for you.

In a felony case, the procedure is similar to the procedure in misdemeanor cases, with some notable exceptions. There is a preliminary hearing or grand jury that is held before a trial date is set. In the hands of a skilled defense attorney, this is often a great opportunity to test the strengths and weaknesses of the prosecutor’s case.

The biggest strength that I can offer you in criminal defense cases is my ability to see the case from the opposite perspective. I spent years prosecuting both felony and misdemeanor cases and learned a great deal from the experience.

Imagine playing a game of football with the other team's playbook. As an experienced ex-prosecutor, I can tell you that the prosecutor that we will face is not at all similar to the ones that you see on television.

On television, the perception is often of the crusading prosecutor who is out for justice at all costs. The reality is a lot more complicated. The image may be a prosecutor in a fancy suit with a nice window office spending countless hours on a single case, but the reality is often a working guy or gal with a pile of cases in a cubicle.

What does the prosecutor want? He or she often wants to do the right thing without spending countless hours fighting a case. With the trust that has come from being a prosecutor myself, I can often negotiate a good disposition in your case.

Many of my colleagues in the criminal defense private bar denigrate public defenders as incompetent lawyers providing an awful service for their clients. I don't agree with this view of the public defender's office. Some of the best lawyers that I know are public defenders. Unfortunately, some of the most overworked lawyers I know are also public defenders.

Should you stay with your public defender? It depends on the amount of personal attention that you want for your case. I limit the cases loads for myself and the attorneys of counsel to to my firm to ensure good communication with clients and plenty of time to prepare for your cases. In part because of the time spent on each individual case, some of my criminal defense results have been amazing. (For example- a misdemeanor plea and a fine for a newspaper published molestation charge.)

However, in the end the decision comes down to who you are comfortable having on your side in this time in your life.

Want an answer to a question on your criminal case? First consultation is free.

Call my San Diego office at (619) 338-9090