DUI Attorney Folsom
The Chastaine Law Office

With over 25 years of criminal law & DUI Defense experience, MICHAEL CHASTAINE -- founding member of The Chastaine Law Office -- has established a reputation as one of Folsom's and California's preeminent criminal defense attorneys. In recognition of his work, Mr. Chastaine was named by his peers as a SUPER LAWYER in 2005, 2006, 2008, 2009 and 2010.

Based in Folsom, The Chastaine Law Office provides uncompromising, innovative legal advice and representation to people throughout Northern California who have been charged with criminal misconduct such as DUI, including in the counties of Sacramento, Placer, El Dorado, Yolo, Solano, Amador, and San Joaquin. Our approach is simple: it's all about the client.

Being accused of criminal conduct such as Driving Under the Influence - DUI is frightening in Folsom. Even innocent people can be arrested, incur loss of income and reputation, and suffer the risk of lengthy incarceration. The criminal justice system is an adversarial system. If you are accused of a crime such as DUI in Folsom, you need a strong attorney who is not afraid to take on law enforcement in Folsom or California. You need an aggressive advocate who knows how to protect your rights, fight the system, and present the evidence that is favorable to your position.

We specialize in representing persons accused of driving under the influence or DUI in Folsom. Our rates are competitive and we can handle all aspects of your situation including the DMV, license issues and, of course, the court. Don’t go it alone. Get professional advice to help you through this tough time. At The Chastaine Law Office, we truly care what happens to you. While our primary focus continues to be the representation of people accused of criminal misconduct, we also offer assistance in the areas of family law, personal injury and administrative law. Our job is to help you resolve your legal problems so that you can get your life back on track. Contact us today to inquire about our free initial consultations. We offer evening and weekend office hours by appointment.

WHAT TO DO IF I’M BEING INVESTIGATED OR HAVE BEEN ARRESTED FOR CRIMINAL OR DUI OFFENSES IN FOLSOM

Bail. If you are arrested for Crimial or DUI, or know that you are going to be, in most cases you are entitled to post bail and be released. In Folsom and most counties in California, bail is set according to a "bail schedule." Many counties have the bail schedule posted on the internet. Unless there is something unusual about your case, most of the time you can expect the bail to be at or near the schedule. If possible, making arraignments for bail BEFORE you are arrested will speed your release. There are three (3) ways to post bail:

1. Put up cash with the court. The upside is that at the end of the case you get all of your money back. The downside is that you have a large amount of money tied up for the duration of the case.
2. Put up property. This requires that you have double the equity in the property or multiple pieces of property. For example: if bail is set at $100,000, then the total equity must be at least $200,000. You must prove this by a recent appraisal. What you are doing with a property bond is giving the Court a lien against the property. If you fail to appear in court, the Court may take the property. In situations where the bail is high, property bonds may be the way to go. It normally will cost several hundred to a couple of thousand dollars to obtain all of the paperwork and appraisal and make the necessary court appearances. It may also take a week or so to secure the release.
3. Use bail bond company. The most common way to bail out is to go through a bail bond company. If you are represented by an attorney, most bail bonds companies will charge 8% of the total bail; if you are not, they will charge 10%. In our example of bail being set at $100,000, your fee to the bail bonds person will be between $8,000 and $10,000. Having an attorney will save you $2,000. Especially for low bail amounts, a bail bonds person is generally the best way to go.

Arraignment. Your first appearance in a Folsom or California court will be the arraignment. At this appearance you will be told exactly the DUI or Criminal charges brought against you. You will be asked if you have retained an attorney or if you want the court to appoint the Public Defender. Sometimes, you can address the issue of bail if you feel that it has been set too high. This is only the beginning of the process. If you are charged with a felony, you must go to court. If you are charged with a misdemeanor, in most cases, your attorney can appear for you.

Court appearances. Depending on your case, the county and the charges, other court appearances may include:

1. Pretrial conferences. This is a conference during which your case is discussed between your attorney, the District Attorney, and the Judge.
2. Preliminary hearing (felonies only). This is a hearing, before a Judge, to determine if there is enough evidence to make you stand trial. The burden is very low: reasonable suspicion. However, the District Attorney must present some evidence of each element of the charge. The only witness may be the police officer who did the investigation (this is known as a Prop. 115 preliminary examination).
3. Motions. This may include motions for discovery, to suppress evidence, or to release subpoenaed documents.
4. Trial setting. This is a hearing to set a jury trial date and/or determine if all parties are ready to go forward to trial.
5. Jury Trial. If the Folsom DUI or Criminal case can not settle then you have a right to a jury trial. With the increased penalties that are made into law each year, more and more cases are going to jury trial. 12 people are selected from the community to hear the evidence and determine whether the District Attorney has proven beyond a reasonable doubt that you are guilty. You have the right to testify or not testify as you choose. You also have the right to have your attorney question the witnesses against you and present evidence that you believe helps your case.