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San Diego County Warrants Blog
Stacie L. Patterson is The Sponsor Attorney for San Diego County

View Archive The Legal Blog of Stacie L. Patterson
Author - Stacie Patterson Was I Driving Under the Influence?
 

Do you want to know whether you are under the influence or were under the influence?  The internet offers many Blood Alcohol Content (BAC) calculators.  You can find them at:  http://www.healthstatus.com/calculate/bac and http://www.findanutritionist.com/resources/calculators/bac.html.


If you have been stopped for driving under the influence, contact Stacie L. Patterson.  The Law Office of Stacie L. Patterson is a boutique criminal defense firm in San Diego committed to providing high-quality and cost-effective services in a caring, honest and aggressive manner.  Ms. Patterson is a solo practitioner and gives each of her clients individualized attention. If you have any questions or feedback, please contact Attorney Patterson directly at (619) 269-8074 or by email 24 hours a day/7 days a week.

Stacie L. Patterson
Law Office of Stacie L. Patterson
110 West C Street, Ste. 2200
San Diego, CA 92101
(619) 269-8074
www.spattersonlaw.com

In Arizona v. Gant, the United States Supreme Court limited when the police can search a car after the car's driver has been arrested.  The Court ruled that police officers may not search a car because the driver has been arrested unless the search is designed to ensure the officers' safety or prevent the destruction of evidence.  Once the driver has been arrested, handcuffed and placed in the police squad car, officers should no longer fear for their safety or need to prevent the destruction of evidence by the arrestee.  Consequently, if the police cannot reasonably believe that the arrestee could have gotten inside his car or that evidence related to the crime s/he was arrested for, the police cannot lawfully search the arrestee's car.

The Law Office of Stacie L. Patterson is a boutique criminal defense firm in San Diego committed to providing high-quality and cost-effective services in a caring, honest and aggressive manner.  Ms. Patterson is a solo practitioner and gives each of her clients individualized attention. If you have any questions or feedback, please contact Attorney Patterson directly at (619) 269-8074 or by email 24 hours a day/7 days a week.

Stacie L. Patterson
Law Office of Stacie L. Patterson
110 West C Street, Ste. 2200
San Diego, CA 92101
(619) 269-8074
www.spattersonlaw.com
 
Author - Stacie Patterson Felony Timeline
Individuals who have been arrested and charged with a felony and their family members often wonder how long it will take to get to trial or a resolution.  If the defendant is in custody and does not waive time, the information below will give a basic outline of the process for most felonies which are charged in San Diego County.  If the defendant waives time, how long the process will take to conclude will depend on the strategies and calendars of the defense attorney, prosecutor and Court.

This outline is very general and each case is different.  If the defendant's attorney brings particular motions or the case involves a significant amount of discovery, additional time may be needed.  In addition, if subpoenaed witnesses are unavailable for a hearing, the Judge may continue the hearing over a defendant's objection.  So, while each case will proceed on its own individual course, below is a general outline of the process.

Arrest
  • Defendant must be arraigned within 72 hours of arrest

Arraignment

  • Defendant's charged with felonies enter pleas of not guilty and deny allegations at the initial arriagnment.
  • The issue of bail will be addressed at arraignment.
  • If defendant is not represented by a private attorney, the Court will appoint an attorney subject to repayment of the County later.
  • Dates for Bail Review, Felony Disposition Conference and Preliminary Hearing will be set.

Bail Review

  • The Bail Review is likely to be held approximately 5 days after arraignment
  • Court will listen to arguments regarding bail
  • Court must assume charges are true
  • Court must consider whether the defendant is a flight risk (i.e., how many times has the defendant failed to appear in the past, does s/he have a stable job, residence and ties to the community)
  • Court must consider whether the defendant is a danger to the community (i.e., does the defendant have a criminal history, did the defendant commit a crime of violence, is the defendant likely to reoffend while out on bail)

Felony Disposition Conference (FDC)

  • The FDC (aka Readiness Conference) is likely to be calendared for seven days after arraignment.
  • It is the first opportunity to settle matter
  • At the FDC, the defendant may plead guilty or confirm the preliminary hearing
  • If defendant pleads guilty, sentencing hearing will be approximately 1 month later
  • If defendant confirms the preliminary hearing, it will be approximately 2 days later

Preliminary Hearing
  • Prosecution presents a summary of evidence
  • Defense normally does not present evidence
  • If judge believes that defendant committed crime, the matter will be arraigned again

Superior Court Arraignment
  • Dates are set for Readiness Conference and Trial
  • Readiness Conference is approximately five weeks away
  • Trial is set approximately 50 days away

Readiness Conference

  • The Readiness is similar to the FDC
  • It is an opportunity to settle case before trial
  • Defendant may plead guilty or confirm trial
  • If defendant pleads guilty, sentencing will be approximately 1 month later
  • If trial is confirmed, it will begin approximately two weeks later

Trial

  • Defense and prosecution presents their case
  • If client is convicted, sentencing will be approximately 1 month later

Sentencing Hearing

  • At the sentencing hearing, the probation department will make a sentence recommendation.
  • Prosecution will argue what it believes is proper sentence
  • Prosecution may present comments from victim and other concerned citizens
  • Defense will argue what it believes is proper sentence
  • Defense may present psychological evaluation and comments from family members and other concerned individuals
A judge may grant a Petition for Expungement only after the defendant has completed probation.  However, a defendant may bring a Motion to Terminate Probation during the probationary period.  If the judge grants the motion, the defendant may then be eligible for expungement.

In San Diego, judges will generally entertain Motions to Terminate Probation after the defendant has been on probation for 18 months.  Judges consider how the defendant has performed on probation, if all the fines and fees are paid and whether the defendant has a compelling reason to be terminated from probation.  Often defendants seek early termination of probation so they can enter the military or apply for particular jobs or take advantage of certain educational opportunites.
Author - Stacie Patterson Misdemeanor Timeline
If a defendant is charged with a misdemeanor and does not waive time, a trial will be scheduled within thirty days of arraignment.  A very simple misdemeanor can proceed to trial with only three Court appearances:  Arraignment, Readiness and Trial. 

Arraignment

  • At arraignment, a defendant can enter a plea of guilty or not guilty.
  • If the defendant enters a plea of not guilty, the matter will be set for Readiness Conference.
  • If the defendant is represented by private counsel, s/he need not appear for arraignment; defense counsel may appear on behalf of the defendant.
  • If the defendant appears at arraignment and is represented by the Public Defender, s/he should set aside four hours for the Court appearance.

Readiness

  • Before the Readiness Conference, defense counsel will have received the discovery and negotiated with a Deputy City Attorney.  Again, if represented by private counsel, the defendant need not appear.
  • If the defendant enters a guilty plea, s/he may choose to be sentenced immediately or return to Court in the future.
  • At Readiness the defendant will accept the City Attorney's offer, continue for further negotiations or motions or set a trial.

Trial

  • The defense and prosecution will present their cases.
  • If the defendant is convicted, s/he may choose to be sentenced immediately or return to Court in the future.
 The police may impound a car pursuant to Vehicle Code section 14602.6 if the driver had a suspended or revoked license.  When that is the case, the car may be released from impound after the driver obtains a license and insurance.
A car driven by a someone with a suspended license is subject to impoundment and forfeiture.  One of the laws governing impounds is California Vehicle Code section 14607.6.  If the car was being driven by someone other than the owner and the car was impounded under section 14607.6, the car must be released from impound early at the request of the registered owner and cannot be forfeited.  An attorney may be able to secure the cooperation of the San Diego Police to get the car released from impound.  If the police refuse to release the car, a Motion for An Order Releasing the Vehicle can be calendared in Superior Court.  
Author - Stacie Patterson DMV Administrative Per Se Hearing
When a person is arrested for a DUI, the DMV will suspend the arrestee's license unless an Administrative Per Se hearing is calendared within ten days.  If the driver is represented by private counsel at the APS hearing, the attorney will argue that the driver's license should not be suspended.  The DMV Hearing Officer will determine whether there was reasonable cause for the officer to believe the driver was under the influence, whether the driver's blood alcohol was equal to or greater than .08% by weight and whether the driver's arrest was valid.  If one of these criteria is not met, the driver's license will not be suspended. 
Our attorneys have found that the  most effective way to determine if a drivers license is suspended or valid is to call the DMV driver safety office, which is different than the local offices.  Their contact info is on the DMV Web Site. For Safety Offices in San Diego, the web address is http://dmv.ca.gov/fo/dsolistings.htm#Sandiego.
Author - Stacie Patterson San Diego Courthouse Notes
North County Courthouse (Vista)
Melrose Drive, Vista CA

The North County Court will allow attorneys to calendar same-day Motions to Recall Warrants in misdemeanor cases. In other words, a Motion to Recall a warrant can be calendared in the morning and the warrant can be recalled in the afternoon.  There is a separate building for minor traffic offenses in the back called the "Traffic Court Annex". Free parking.