Charged with marijuana DUI? What to do now

Charged with marijuana DUI? What to do now

Charged with marijuana DUI? What to do nowNow that recreational and medicinal use of marijuana is increasingly legal throughout the nation, including here in Southern California, the number of people being charged with DUI because of marijuana use has increased.

The state of California doesn’t actually have any set parameters on how much THC (an active ingredient in marijuana that produces intoxication) is allowed in the system for an individual to be allowed to drive, and this presents a gray area that can be difficult for police officers and citizens to navigate.

THC levels

THC can be found in an individual’s blood stream up to 4–6 weeks after using marijuana, though it’s not enough to just come up with a tool to detect THC. There could be many false positives if a marijuana breathalyzer didn’t distinguish between high and low THC levels. If that were to occur, someone who smoked marijuana weeks ago could potentially be charged with DUI, even though they no longer were experiencing the affects of marijuana.

So how do police officers determine whether to charge someone with DUI or not, if they only have THC in their system? There are no marijuana breathalyzers currently on the market, so there is no objective way of determining marijuana intoxication. Police officers determine a driver’s level of intoxication by his or her driving pattern, behavior, appearance, verbal statements, eye movements, and other rather subjective factors.

Marijuana DUI defenses

As a result, if you’ve been arrested for marijuana DUI, your case may successfully be dismissed from court IF you get an excellent criminal defense attorney on your side. Law Offices of Torrence L. Howell is an ideal choice in Southern California because he have decades of experience working on criminal law cases, including marijuana DUI cases. Law Offices of Torrence L. Howell may be able to convince the judge that there is enough reasonable doubt that the police officer’s allegations against you are untrue to either have your charges dismissed or reduced to lighter penalties.

Save $$$

While it can seem expensive to hire a superb lawyer such as Law Offices of Torrence L. Howell to defend you, how much value do you place on your freedom? Law Offices of Torrence L. Howell can save you thousands of dollars in court fines if he prevents a conviction from occurring or achieves a reduction of the charges. Plus it’s so helpful to have a legal expert on your side while attempting to navigate the California court system, which can be tremendously confusing.

Don’t go with the public defender or try to represent yourself—schedule a free consultation with Law Offices of Torrence L. Howell so he can start building a sound defense for your marijuana DUI case today. Just call 909-920-0908 or email torrence@torrencelhowelllaw.com to schedule an appointment ASAP—your freedom, financial security, driving privileges, and reputation could depend on it.

Over 200 Independence Day DUI Arrests Made in LA County

Over 200 Independence Day DUI Arrests Made in LA County

Individuals facing charges can get expert help from DUI defense attorney Torrence L. Howell.

Over 200 Independence Day DUI Arrests Made in LA CountyTo celebrate the 4th of July holiday properly, you need three things: food, friends, and fireworks. Often, the food element of the celebration involves a cookout, and cookouts mean beer and other alcoholic beverages for many. Unfortunately, sometimes people take the celebration home with them by getting in the car before they’ve fully sobered up. This is one reason why the time around the holidays always seems to see a spike in drunk driving accidents and arrests.

We certainly saw this trend play out over this past Independence Day weekend. The California Highway Patrol designated the bulk of the weekend, from 6 pm on Friday to midnight on Sunday, as a Maximum Enforcement Period. During this time the CHP deployed the maximum amount of uniformed personnel and tasked them with responding quickly to any accidents and investigating any drivers who presented probable cause for DUI.

During this year’s Maximum Enforcement Period, Highway Patrol officers arrested 930 drivers on DUI charges across the state. Of these arrests, 229 were made right here in Los Angeles County. Despite these efforts, there were still numerous accidents over the holiday weekend, including 26 fatalities. It is not known at this time whether these fatalities were rated to alcohol impairment.

Facing Charges for a 4th of July DUI?

If you have been arrested for DUI during a Maximum Enforcement Period, it is very important to consult an experienced DUI attorney for your defense.

Why?

Because during a Maximum Enforcement Period, officers may be feeling intense pressure to keep the streets safe and save lives. This could lead them to make mistakes in the handling of your DUI stop. With an attorney’s help, it is possible to identify any such mistakes and use them to support your defense.

Possible mistakes include:

  • Errors in calibration of breathalyzer equipment
  • Failure to account for medical conditions that could give a false positive on breath or blood tests
  • Failing to wait enough time before administering a breathalyzer
  • Incorrect administration or interpretation of field sobriety tests (which are notoriously unreliable anyway)
  • Errors in administration of a DUI checkpoint

Your attorney can use these types of police errors as well as many other strategies to pursue a favorable resolution to your DUI case. This could be a dropping of all charges, or potentially a reduction of charges from a DUI to a lesser charge such as a “wet reckless.”

Call Torrence L. Howell Now

If you would like advice about how to respond to your DUI charge, please contact Torrence L. Howell at 909-920-0908 to receive a free initial consultation.

Arraignment 101

Arraignment 101

Arraignment 101If you’ve been arrested for a crime in California, the first formal court procedure that will occur is an arraignment. At this time, the defendant (the person who has been accused of committing a crime) will enter a plea of either guilty, no contest, not guilty, or a few other less common types of pleas.

When does an arraignment happen?

It usually occurs within 48 hours of an arrest if the defendant is in custody. If you are able to post bail or are release from jail of your own recognizance, the arraignment may occur weeks after your arrest. The date and time of your arraignment will frequently be listed on the citation the arresting officer provides to you, so make sure you hold onto it after your arrest. If you post bail, the bail bond company will keep track of your court date as well, so if you do lose your citation, you can always ask the bail bond company when you need to appear in court for an arraignment.

What plea should I enter?

It’s essential that you contact Upland California’s best criminal defense attorney, Law Offices of Torrence L. Howell, as soon as possible after your arrest, preferably before your arraignment, so that he can counsel you on what the best legal strategy is according to the details of your case. He will go over every aspect of your case and give you specific legal advice every step of the way, starting with what plea you should enter at your arraignment.

Most people enter a plea of “not guilty.” Consider entering this plea even if you think you’re guilty of all charges. If you enter a guilty plea, you will be sentenced immediately without the opportunity to provide an explanation or enlist the help of expert criminal defense attorney Law Offices of Torrence L. Howell, who can often negotiate lighter sentences with prosecutors on your behalf. Don’t worry—entering a “not guilty” plea isn’t considered lying to the court. Instead, it’s availing yourself of the opportunity to use your constitutionally-protected right to a fair trial, represented by a lawyer.

How long will my arraignment take?

This court proceeding will only take about 5 or 10 minutes, but you should expect to be at the courthouse for 2 hours or more. There will likely be many defendants scheduled for arraignments at the same date and time as yours, and you’ll have to wait your turn to official enter your plea.

Preparing for your arraignment

The #1 most important task you need to take care of before your arraignment is attending a free initial consultation at Law Offices of Torrence L. Howell about your case so our attorney can start implementing a sound defense strategy right off the bat.

Call 909-920-0908 or email torrence@torrencelhowelllaw.com to schedule your free case evaluation at Law Offices of Torrence L. Howell today.

Proposition 47: What You Need to Know

Proposition 47: What You Need to Know

Proposition 47: What You Need to KnowProposition 47 has revolutionized the criminal justice system in California and prompted similar initiatives in multiple states throughout the US.

In November 2014, Proposition 47 passed California voters, creating ripple effects throughout the state. If you’ve been sentenced for a nonviolent crime anytime in the last few decades, you may be eligible to have your case reopened and resentenced.

Questions about Proposition 47 have been pouring into our office here at Law Offices of Torrence L. Howell, and we’re happy to discuss Proposition 47 in general, and as it pertains to your specific case when you schedule a complimentary initial consultation by calling 909-920-0908 or emailing torrence@torrencelhowelllaw.com.

In the meantime, to get you started, here is some pertinent information that everyone needs to know about California’s Proposition 47.

Main effects of Proposition 47

This measure reduces sentences for non-violent crimes such as drug possession, shoplifting, credit and check fraud, forgery, theft, and possession of stolen goods when the amount of money affected by the crime equals less than $950. Those who are in the process of being charged with these crimes and those who were convicted of these crimes in the past will be effected by Proposition 47.

Downgraded from felonies to misdemeanors

These crimes are now no longer felonies—they are misdemeanors. This is a big deal because if you have a felony charge on your record, your life has likely been majorly impacted. Finding a stable job and proper housing becomes much more difficult, and you’re not allowed to vote. Plus the social stigma can be heavy, especially since criminal records are publicly available online. These repercussions can vanish into thin air when a felony charge is reduced to a misdemeanor one on your record.

Investigate resentencing

If there’s even a minute possibility that a felony charge can be removed from your record, it’s worth looking into by calling 909-920-0908 or emailing torrence@torrencelhowelllaw.com to speak with the expert Proposition 47 attorney at Law Offices of Torrence L. Howell.

New penalty

Now the maximum sentence for these crimes is one year in prison, instead of the previous sentence of three years. Thousands of people serving prison time in California have now been freed or are in the process of being freed as a result of the passage of Proposition 47. If you or a loved one is currently serving prison time and the crime falls under the scope of Proposition 47, contact Law Offices of Torrence L. Howell to start the resentencing process immediately.

California’s leadership

Prison reform is one of the areas in which California is leading the nation. Instead of so much money going to lock up nonviolent offenders, the funds saved from Proposition 47 measures will now go to a fund for crime victims, education, and drug treatment and rehabilitation programs. California’s whole judicial system will benefit from the passage of Proposition 47.

To learn more about Proposition 47 and schedule an appointment to review the details of your case today, just call 909-920-0908 or email torrence@torrencelhowelllaw.com

Best Drug Charges Lawyer in Upland, California

Best Drug Charges Lawyer in Upland, California

Best Drug Charges Lawyer in Upland, CaliforniaIf you’ve been slapped with a drug charge in Upland, California, whether it’s for a minor marijuana possession charge or a serious drug felony, contact criminal defense lawyer Law Offices of Torrence L. Howell for expert legal advice and representation.

Whether your case is a misdemeanor or felony, there are legal options available to you. Law Offices of Torrence L. Howell will respectfully explain every aspect of the judicial process to you, including legal terms, so you’ll know exactly what is going on every step of the way. Whether your drug charge is possession, DUI, or any other one, you can count on Law Offices of Torrence L. Howell to fight for your rights and best interests at all times.

Types of substances that are often involved in drug charge cases:

  • Marijuana
  • Cocaine
  • Crack
  • Heroine
  • GHB
  • Ketamine
  • Meth
  • Ecstacy
  • Medications like Vicodin and Codeine (if you don’t have a valid prescription)

Common drug charges:

  • Possession of drugs and/or drug paraphernalia
  • Selling drugs
  • DUI if drugs are found in your system if you’re stopped by a police officer while driving
  • Manufacturing drugs

Sometimes it might feel like your case is hopeless, and that you should just go with the first criminal defense lawyer you find. But there are many legal strategies available to combat drug charges in Upland CA—there’s no reason to give up hope. Law Offices of Torrence L. Howell has defended hundreds, maybe even thousands of drug charges cases, many of which resulted in a dismissal of the charges or reduced penalties. Law Offices of Torrence L. Howell will be glad to go through the specifics of your case and develop an air-tight defense strategy to achieve the ideal, most favorable outcome.

Bringing to light mistakes made during an arrest is one very effective way of getting evidence against you thrown out of court. If Upland, California search and seizure rules were violated during an investigation of your property, drugs and other evidence found on your person or in your property could be dismissed from the drug charges case.

Getting charges’ penalties reduced is one of Law Offices of Torrence L. Howell’s specialties for drug charge cases in Upland, CA. Completion of a Prop 36 or PC 1000 drug diversion program can often be substitutes for prison time in drug possession cases. California prisons are overcrowded, and many courts are trying to avoid putting everyone except the most violent offenders in jail, which works to criminal defense lawyers’ advantage. Law Offices of Torrence L. Howell can often negotiate settlements that prevent jail time from being necessary, and even reduce fines as well.

Accepting a plea bargain is a favorable option for many defendants, and Law Offices of Torrence L. Howell will go through all the pros and cons of taking one for a particular situation. A plea bargain is an agreement that is made between a prosecutor and defendant in which the defendant admits guilt to a less charge (or charges) and as a result, the judicial process proceeds much more quickly, saving the prosecutor, judge, and everyone else involved with the case lots of time and money. In many instances, it’s advantageous for the defendant to accept a lesser charge with lighter penalties than proceeding with the original charge and risking a conviction and the stiff penalties that would likely result.

For more specific information about legal strategies that would be effective in your case, call 909-920-0908 or email torrence@torrencelhowelllaw.com to set up a free, no-risk consultation with Law Offices of Torrence L. Howell, the best drug charges lawyer in Upland, CA.