Law Offices of Triessl & Morris: Frequently Asked Questions

Law Offices of Triessl & Morris - Frequently Asked Questions

Can you guarantee me a good result?

No: we cannot and will not any guarantee in any criminal case. It is unethical, unprofessional and misleading to do so. We can and will guarantee that we will work extremely hard for you-- it is the only way we know how to work. We will leave no stone unturned and no avenue unexplored.

Can my case get dismissed?

Remember first that we cannot and will not guarantee a particular result in any criminal case. Also remember that the prosecutor proceeds feeling that he or she can prove you guilty beyond a reasonable doubt. That said, we proceed with your best interests in mind always and, of course, a dismissal is the best result possible. We are constantly focused on making your difficult situation as good as we can make it.

What are your fees like?

We are not the cheapest attorneys in town. But we are worth the investment, every cent. We hammer out a fee contract which spells out everything about our agreement, the cost, what the fees cover, etcetera. Your consultation is free, over the telephone and in person.

Do I get my bail money back?

This depends. If you posted your entire bail amount in cash, it is all returned to you at the end of the case. If you used the assistance of a bail bond company, the premium that you paid to the bond company is held as their fee. The premium is typically ten percent of the bail amount set. That money is not returned to you. However, at the end of the case, the bail bond is exonerated and any interest that the bail company may have had in terms of collateral that you put up is released.

What happens if there is a hung jury?

If there is a hung jury, the prosecutor decides whether or not to impanel another jury and have another trial in criminal court. The prosecutor can also decide to dismiss the charges. He or she can also decide to negotiate with the defense attorney once again to see if a plea bargain can be agreed upon.

What happens if the prosecutor doesn’t file charges by the date that my citation is due?

This does not necessarily mean that the prosecutor has decided not to file charges. There are STATUTES OF LIMITATIONS that apply to all criminal cases. In misdemeanor cases this statute of limitations is one year. In felony cases, typically three years. There is no statute of limitations in murder cases. It is presumptively reasonable for the prosecutor to file criminal charges against you within the statute of limitations time period.

What information that I tell you will you tell the prosecutor and the judge?

Everything that you tell us, even during your first phone call, is TOTALLY CONFIDENTIAL. This literally means that we are not able to share the information that you provide EVER to ANYONE. We do, however, and you agree that we are able to, share any and all information which helps you in your case. We do not share the information that works against you. We also share the information with experts whom you may hire with our assistance.

Do we need to tell my parents/my boss?

Again, everything you tell us is confidential. Even if your parents or another third party pay all of your legal fees, YOU are our client and as such, YOU and no one else makes all of the ultimate decisions in your case. If you pay your legal retainer and you do not want you parents or your boss to know, we will respect this absolutely. We will advise you as to any hurdles along the way. If in the beginning of the case you decide not to tell your parents but then mid-case you change your mind, we will respect your wishes and change mid-case with you.

What is going to happen to me?

Sometimes it is hard to grasp that you yourself are not in the driver’s seat during your case. However, know that we are in the driver’s seat and you are in the front passenger’s seat. You will always know what is going on with your case and we’re always available for your questions. We are going to work extremely hard to make the best out of your difficult time. We will be there with you every step of the way.

How long is my case going to last?

This depends on all of the facts and circumstances at hand. Most of our DUI cases last six months. Usually murder cases last a couple of years. A recent domestic violence case in our office lasted only two months. It all depends. If you go to trial, the length of the trial also depends on your particular case. A petty theft trial can last one or two days. A DUI trial can take five days. A murder trial can take a couple of months or longer.

Is it bad to “waive time?”

Not if it is advisable in your particular case. “Waiving time” is authorizing the court to set the case beyond the normal time frame within which cases are supposed to be set for significant proceedings. We do this to assist you: it gives us the time that we need to fully offer all of the facts and circumstances that show the prosecutor that your case should be looked at differently than the “standard case.”

Am I going to lose my driver’s license? I need it for work.

In all DUI cases involving alcohol there is a criminal court case and there is a parallel proceeding with the DMV. Within ten calendar days of the date of your arrest we must request a DMV hearing. During this phone contact with the DMV office, we request all discovery, an in-person hearing and a STAY on your driver’s license. A stay means that no adverse action is taken against your license right away. Your license is a property interest protected by the state of California and as such, you have the right to notice with regard to any possible adverse action and the right to be heard during a hearing on the matter. We act as your legal representatives at the DMV at this hearing: we put up a solid fight at DMV; many times our hearings last multiple sessions. Our goal is to win your license back. Your stay lasts as long as our fight with DMV is still pending.

What is the worst case scenario with regard to losing my driver’s license?

In a first offense DUI case, the worst that will happen under present law is that you will lose your driver’s license for one month. During this thirty day period, you MAY NOT DRIVE, PERIOD. After this actual suspension period, your license will be restricted for five months. During this period of restriction you may drive ONLY to and from work, during the course and scope of your work and to and from a state-approved alcohol program. If the hearing officer decides against us at the DMV hearing and the issue is as second time DUI, you will lose your license for one actual calendar year and there is NO POSSIBILITY OF GETTING A RESTRICTED DRIVER’S LICENSE, even for work purposes.

If we lose the DMV hearing, is there anything further we can do?

Yes. We can appeal the DMV decision within fifteen days of the date noted on the adverse decision notification. The appeal goes to the main DMV in Sacramento. The representatives at that main office review the entire record of the case including the taped hearing and makes a decision as to whether or not the DMV hearing officer below made the correct decision. If the DMV decides that the decision below was correct, we can take the further action of taking a writ, another appeal, to the superior court and out of the DMV. In some cases we can decide to go directly from the hearing officer’s adverse decision to superior court, skipping going to Sacramento. Each case is different so we will give specific attention to your particular situation when you contact us.

I have heard horror stories about attorneys not being in contact with their clients: will you be in contact with me?

We are stunned when we hear that the number one State Bar complaint is an attorney’s failure to keep in contact with his or her clients. In our office, this is priority number one. It is your case and it is your life. We know how important this is for you and we are in contact with you commensurate with that importance.

Do I really need an attorney?

Most of the time in a criminal case the answer is ABSOLUTELY.

Shouldn’t I hire a “local” attorney?

No. “Local attorney” usually implies that the attorney under consideration is in that particular court day in and day out Monday through Friday. If you have this kind of arrangement, you may be more likely to be fearful to push on any one particular case too hard, thinking that you may need to “save up a favor” for a later time. We do not have this mentality. WE PUSH, unafraid.

Why do I need you?

Because this is what we do. Criminal defense is ALL we do. If your physical body system is sick, you go to the doctor who treats you. If your life system is sick, you go to the appropriate person to “treat” you. You have a criminal defense legal problem. We are criminal defense attorneys, trained to treat and handle your case. We think that when you come into your office you will decide that we, TRIESSL AND MORRIS, are the attorneys that you want and need. We also understand that you have a busy life with work, family and everything that that entails: we are flexible in terms of scheduling an appointment with us that works with your life schedule.

Can’t I represent myself now that I know the Anatomy of a Criminal Case?

No. If you have a disease that needs to be treated with surgery and you read ten pages on it, are you ready to operate? It’s the same with your criminal case in court. You have just read an outline and hopefully, you understand the process more now. But it is our job to flesh out the case, to give you a human face and to make the tough situation that you are in as good as it can be under the particular circumstances of your case.

The above obviously is not an exhaustive list of frequently asked questions. We at TRIESSL AND MORRIS look forward to answering all of your questions for you.

LET US PROTECT YOUR RIGHTS!

818.990.5551.