If you are charged with DUI, or a DUI-related offense such as DUI with injury, gross vehicular manslaughter while intoxicated, or even DUI murder, it is essential to understand how much time you are likely to serve if you are convicted. In this video, Managing Partner David P. Shapiro discusses how custody credits work. You might be surprised at the length of time you could actually be incarcerated.

One point of David’s presentation is that the law in California leads to some results that appear anomalous. An example would be a DUI with great bodily injury. If convicted and sentenced, you could go to prison. Since the conviction would be for a “violent felony,” you will need to serve generally between two-thirds and 80% of your sentence – for a 6-year sentence, this would amount to between 4 and 4.5 years in prison. However, let’s assume you were convicted of gross vehicular manslaughter while intoxicated and handed an 11-year sentence. You’ll serve that sentence at “half time,” meaning that that you’ll get better credits in a situation where someone lost their life than a person convicted of DUI causing great bodily injury where the victim actually lived.

What this demonstrates is that California sentencing is not always logical or easy to understand. If you are facing a DUI-related charge, Protect your freedom; Protect your future; Know your rights. Give us a call at 619-295-3555 to learn more.

If you have been convicted of a crime, you know how that conviction can follow you and affect your ability to obtain employment, housing, and other benefits that most people take for granted. But the passage of SB 731 in California, which became law on July 1 of this year, offers relief to those who continue to suffer from a one-time mistake that resulted in a criminal conviction. Known as the “clean slate” bill, the law will automatically lead to the sealing of most criminal records for those who are not re-offenders. Associate attorney Elmira Yousufi explains the law in this video, as well as some aspects that might not be apparent to everyone who has heard about it. First, it does not apply to violent offenders or those convicted of sex crimes. Second, while the process is automatic, it will take time for the state to put the changes into effect.

Finally, as Elmira points out, one of the prime benefits of the new law is that it will avoid the time, effort and cost that were previously required in order for a person to have the record of an old conviction sealed. You can check to see if your record has been cleared by ordering a background check from the California Department of Justice.