Drunk Driving, Criminal & Traffic Defense FAQ

If you have a criminal, DUI, or traffic offense charge pending, you undoubtedly have questions. Browse through the questions that most clients have when they contact our office to discuss their case. Please understand these are general questions and we cannot answer your specific questions until we know your case. If you would like to get answers on your case, we are more than happy to answer them at your free consultation.

When you have questions regarding your DUI, criminal or traffic case, call Fresno DUi lawyer.

I was arrested, so what is the first thing I should do?

If you or a loved one has been arrested, your first call should be to an experienced and hardworking criminal and DUI defense lawyer. If you are in custody, we will determine your options.  If necessary, we will get you in contact with a bail bonds company so you can quickly secure bail.

Criminal charges in Fresno can be won by Fresno criminal lawyer.

I am innocent.  Do I need a lawyer to represent me?

Yes. If you are facing criminal or DUI charges, you need a criminal defense lawyer.  If you are innocent of the charges you are being accused of, you need to have legal representation that will advocate effectively on your behalf.  Innocent people are arrested and convicted all the time, so in order for you to ensure you are not convicted of a crime you did not do, contact an attorney that handles criminal, DUI and traffic offenses.

Even if you are guilty, you may still have a defense to your criminal charges.

I am guilty, so why do I need a lawyer?

Protect Your Rights. All criminal defendants need competent legal counsel to assist them in court.  As mandated by the constitution, the Sixth Amendment affords the right to an attorney and if you retain an attorney, you are given a choice of counsel. Because the prosecutor is an attorney, you need a strong advocate to represent you in order to ensure you receive the best possible plea, a lenient sentence, and to ensure your rights are being protected.

Alternatives to Jail or Prison. All misdemeanors and felonies can result in a jail or prison sentence, so pleading guilty without understanding the consequences can cost you.  We will creatively pursue other sentencing options, such as drug and alcohol treatment, community service, monitoring, delayed sentencing for an opportunity of a dismissal.

Fresno criminal and driving under the influence charges need a solid legal defense.

Can I see the police reports against me?

Yes. If you retain an attorney, we will provide you a redacted copy of the police report so you may review it with your lawyer.  It is always advisable to read the report in order to determine if the police report is accurate and complete. You should never plead guilty to charges until you carefully read the information the prosecutor is relying on to gain a conviction.

If you need an expungement in Fresno, call dedicated expungement lawyer.

I already entered a guilty plea, should I consult an attorney?

Yes. We regularly handle “post-conviction” cases, including expungements, early termination of probation, withdraw of pleas, clearing arrest records, and correcting sentences involving Proposition 47.  Before we start the process, we will make sure you qualify for the relief you are requesting.

Hire a local Fresno lawyer to win your driving under the influence case.

What are the advantages to hiring an attorney versus using a public defender?

Must qualify to use the public defender. In order to qualify for a public defender, a defendant must be indigent.  This means he or she lacks enough resources to hire an attorney. Even if you do not want to spend money on a DUI or criminal lawyer, the Court must find you have no available funds, or an opportunity to obtain funds in order to qualify for the public defender services.

Minimal Qualifications and May Have to Pay for the Public Defender. The appointed lawyer need only be a member in good standing of the California State Bar.  Appointed attorneys need not be the best litigators or best attorney available, but merely competent enough to assure the defendant due process of law.  In most cases, indigent defendants receive the county Public Defender’s Office, where most attorneys are poorly paid, overworked, and are unable to devote as much attention to the case.  If the court finds the defendant is not completely indigent, the judge will require the defendant to refund the county the expense of the court appointed attorney.

Public Defenders do not handle DMV Hearings. If you are facing a DUI, you will also need an attorney at the DMV hearing.  You have the right to be represented by an attorney at the DMV hearing, but you must retain an attorney.  Because the DMV is an administrative matter and not a criminal matter, the right to an appointed attorney is not available.  The reasoning is that drivers do not lose their freedom if the decision and the right to drive is a privilege and not a right.

Public Defenders do not handle Traffic Charges. The constitution only protects individuals that face jail or prison.  Because a traffic ticket results in fines and DMV points, public defenders will not handle your infraction case.

Ability to Choose the Best Attorney for You. While the constitution affords the right to an attorney, the person’s rights are not infringed if the person is not given a choice of counsel if the person uses the public defender.  If you retain your own attorney, you have a right to choose the attorney.  You can determine if the attorney will be dedicated to your case and give it the attention it deserves.  By hiring an attorney that best suits your needs, you can rest assured you will obtain a DUI or criminal lawyer that has experience, knowledge of the law, and will provide you with proactive strategies to obtain the results you need for your criminal case.

Get reliable legal advice from a trusted criminal and DUI lawyer in Fresno.

Is there questions I should ask when looking for an attorney?

Before retaining a lawyer to represent you, you should ask yourself:

  • Does the attorney appear to know what he or she is talking about?
  • Does the attorney know what the typical consequence is for a DUI or criminal case similar to yours?
  • Does the attorney give you a realistic expectation of your case?
  • Does the attorney have experience in handling the DMV hearing, as well as the court hearing?
  • Will the attorney assist you in obtaining your driver’s license if DMV suspends it?
  • Does the attorney appear to have knowledge on what types of defenses are available to you based on the stop, arrest, blood/breath test, the field sobriety tests, and alcohol consumption?
  • Does the attorney advocate being proactive, instead of reactive?
If you need help with your criminal or traffic case, call attorney Tina Barberi today.

How do I decide what attorney is hire?

When determining the DUI defense firm you should retain, there are numerous factors you should consider before hiring a criminal and DUI lawyer.

Fresno criminal defense lawyer will give you a free consultation to discuss your criminal,  dui, traffic case.

Can I have a free consultation to discuss my case?

Absolutely. At the Law Offices of Tina M. Barberi, PC, we do not use scare tactics, false guarantees, or weight you into making a foolish decision when considering your legal counsel. Rather, we will clarify the criminal or DUI procedure, and you will have the capacity to get the best counsel for your specific case.

When you contact our office, we will listen to you and give you sound advice. We work to give you quality representation throughout your criminal, traffic or DUI case. When you are facing charges, don't wait to call (559) 447-1240 or complete our free lawyer consultation evaluation form. We look forward to hearing from you.

Frequently Asked Questions

When you are charged with a criminal, DUI, or traffic offense, we will work hard to answer all your questions. At a free consultation, we can discuss your options and how we can defend you and protect your rights. Contact us today or schedule an appointment online to discuss your case for free.

Let's Answer Your Questions

When you have questions about your traffic, criminal or DUI case, contact an experienced lawyer in Fresno.