Have you been arrested or cited in Isla Vista?
Contact us. We can help. Call now at (805) 892-4922.
Aggressive Defense of All Criminal Charges
- Felonies
- Misdemeanors
- DUI
- MIP
- Disorderly Conduct
- Drunk in Public
- Fake ID
- Resisting Arrest
- Battery
- Domestic Violence
- Theft
- Drug Possession
- And More
If you have been arrested (or cited) for any law violation in Isla Vista (or on the UCSB campus), you need to speak to the right kind of lawyer and right away. The Law Offices of William C. Makler, P. C. offers exactly that: A free, immediate, informative and completely confidential consultation with a highly qualified law firm to anyone in these circumstances. We are here for you.
If you care about your future, you owe it to yourself to learn about the risks of jail and/or the long-term risks to your liberty, driving privileges, reputation and future. Being found guilty of any criminal or quasi-criminal misconduct, particularly if it remains a matter of public record, can cause serious and (often) unnecessary damage to your job future, earning power and even your peace of mind. DUI, Public Intoxication, MIP, Fake ID, Furnishing Alcohol to a Minor, Possession of Marijuana+, Battery, Theft and, of course, matters more serious, may carry life-long lasting, yet often avoidable, consequences.
If you are not a US citizen and are here on an F-1 (student) visa, e.g., you obviously need to make certain that whatever it is that you are charged with will not needlessly interrupt your studies and, worse, cause you to lose your legal status and be subject to exclusion or deportation from the United States. Call 805-892-4922 or instant message us now.
Don’t become another victim of bad (and/or stale) information online, know-it-all peers/relatives/University staff or what anyone with an adverse agenda (e.g., the police) has to say about your situation. Spend the minimal time and effort it will take to get a full understanding of all the implications of your situation from someone that actually knows and whose job it would be to fight for you and you only. And, again, the initial consultation is completely free of charge and totally confidential.
Mr. Makler has been standing up strong for the rights of the Isla Vista student population, including both UCSB and SBCC students, for decades.
**If you are facing a DUI charge, you must act quickly to save your drivers license. DON’T WAIT! Find out how by contacting us right now.**
Call 805-892-4922 (or send us an instant message right now) to discuss your options with the most qualified and experienced local law firm today!
Have Questions?
Students arrested in Isla Vista (and their loved ones) often have questions about the criminal justice process and possible repercussions. Check out our FAQ section below to find answers to the most common of these questions.
FAQ’s
Frequently Asked Questions
1) Will I have to do jail time?
It depends on the nature of the charge, your criminal history (if any), and many other factors. You should consult a lawyer who is aware of all of the facts and circumstances, as well as the law on point, and the customs of the local prosecutor and court before you assume that any case will not result in jail time.
2) I got a drunk in public but they didn’t breathalyze me or take a blood test, does that matter?
Sure it matters. As any member of law enforcement will tell you, they are trained and equipped to administer forensic tests of breath and blood at a very minimal cost (in terms of time and money), yet they don’t do it. In Santa Barbara County, as a matter of custom, the police don’t test people who are arrested on a stand-alone charge of public intoxication. This is because they don’t want their own discretion as to what constitutes public intoxication challenged in court by a forensic toxicologist (i.e., a person who could explain that a person at a blood alcohol level of, for example .10%, though unsafe to drive, may likely possess sufficient judgment and coordination to get themselves home safely ). The fact that they didn’t test, in many cases, works to your advantage. Supposing that you were able to walk and were coherent, as many people who are arrested for public intoxication are, then the evidence may favor your acquittal of the charge. Absent forensic evidence, a jury may not be willing to convict you of the charge.
3) I got a citation but I never got taken to jail, does that mean they are going to drop the charges?
Not usually. Occasionally, the reviewing Sergeant or District Attorney will prevent a case which lacks merit from proceeding to court. However, most police officers, particularly after a few months on the job, can articulate that a criminal act took place. So, even if it is a fabrication, it will generally pass review, as long as each of the legal elements of at least one criminal act are alleged.
4) I don’t have any money to hire a lawyer, do you accept payments?
There are payment alternatives which work for most people. Just ask.
5) How does lawyer-client confidentiality work?
With few exceptions, everything you say to your lawyer (or prospective lawyer (as in a lawyer you are consulting but haven’t hired yet)) is confidential. The notable exceptions are when you tell a lawyer you have plans to commit a crime or when you have waived the privilege by word or conduct. You can waive the privilege by conduct by revealing your confidences to your family, friends, and others. So, suffice it to say, you probably shouldn’t talk with anyone about the facts of your case aside from a qualified lawyer. In certain cases, someone may choose, under advice of their lawyer, to make a limited waiver of their right to confidentiality so that the lawyer may answer questions posed by their spouse or parent.
6) Can’t I just pay the fine and then not deal with it anymore?
In mandatory appearance cases, no, you can’t. As addressed above, perhaps the case doesn’t carry a strong likelihood of jail time. However, the mere fact that you are being told to go to court is indication enough that there is more at stake than money. The purpose of you being in court is to advise you of SOME of the ramifications of the case and of your rights to defend to defend yourself. You can lose your license, your job, your academic future, your career, and yes, your freedom, by ignoring a serious legal problem. Legal problems requiring court appearances are serious.
7) What are the ramifications of a conviction on my record (e.g., how will it affect my professional associations, licensure, employment, academic pursuits)?
You must consult a knowledgeable lawyer about this. Much will depend on the specific nature of the charge(s), the outcome in court, your past, and your future plans.
8) How much is a typical lawyer fee ?
There is a wide range of fees depending on the type of case and depending on the lawyer. Some lawyers, unfortunately, take advantage of the prospective client’s fears and naivete by charging a whole lot more than they should on any given case. Ask tough questions of your lawyer before agreeing to pay any particular fee. Fees are not set by law, they are negotiable. At the same time, you must be wary of offers that seem too good to be true, or the bargain-basement lawyer. The latter will almost ensure bargain-basement service and skill.
9) If I hire a lawyer, will I still have to go to Court?
Except for felonies and all domestic violence charges, a privately retained lawyer may appear for their client in court. There are exceptions, however, it is normal for the client of a private attorney facing a misdemeanor or less to go to work or school instead of court. Of course, the client and lawyer must stay in contact with each other to make this work.
10) Why not just go with the public defender?
For the most part, public defenders are competent lawyers. Some are very good. However, they are a government sponsored entitlement program for those who truly cannot afford to hire a lawyer. They are not intended to amount to a “free lunch” for middle (and upper) class people and their dependents. To apply for the services of a public defender, you must sign a document under penalty of perjury declaring that you have little if any money or assets. If you can do so truthfully, then you qualify for their services, but not in every kind of case. For instance, most MIPs (“minor in possession” charges) do not obligate the Court to appoint a lawyer. Another consideration is time and the personal touch. Public defenders, as a rule, are high volume practitioners. Many have more than 100 clients to serve at any given time. This seriously impairs their ability to meet with their clients outside of court, and for any length of time. Moreover, they typically will not agree appear for their client in court and will meet their clients to discuss their cases in court while juggling the cases of ten or more other clients. Finally, although there are some very good lawyers at any given public defender’s office, you don’t get to choose among them. You will get whomever you are assigned. Freedom of choice is not a part of the bargain. If you don’t like your public defender (or feel that they are not paying enough attention to you and your case) you are stuck with them unless you fire the entire office and hire a private lawyer.
11) How do I get my police report?
You may contact the District Attorney’s Office they will supply it after deciding to file charges. An easier method, assuming you are going to hire lawyer, is to have your lawyer get it for you.
12) What if I am scheduled to be out of town on the scheduled court date?
On infraction cases, the clerk may be willing to advance the case. On matters more serious, see 9, above.
Save Your Driver’s License
If you were arrested for DUI within the last 10 days, you must act quickly to save your license. CALIFORNIA DUI ARRESTEES HAVE ONLY 10 DAYS AFTER ARREST TO SAVE THEIR LICENSES.
More Information About What You Can Do to Save Your Driver’s License
CALIFORNIA DUI ARRESTEES HAVE ONLY 10 DAYS AFTER ARREST TO SAVE THEIR LICENSES.
If you have been arrested for DUI in Isla Vista, most likely the police officer who arrested you seized your physical license and mailed it to the Department of Motor Vehicles with a document that will result in the suspension of your driving privilege effective 30 days subsequent to your arrest. The pink sheet which is likely crumpled up in your wallet or purse states in eight-point type that you have 10 days to request departmental review. This occurs when you request a hearing on the legality of the suspension, and a stay (i.e., “extension”) of the effective date of the suspension. If you do NOT make the notice within the first 10 days:
1. Your privilege to drive in California will be impacted for at least 4 months.
2. An absolute driving prohibition lasting 30 or more days will kick in on the 31st day after the arrest.
3. You will have no opportunity to contest the legality of the suspension.
4. You will not be able to get an extension on the effective date of the suspension.
5. You will, at least, have to take the 3 month DUI first offender class (which costs at least $637) and possibly a longer class.
6. You will have an auto insurance company file proof of financial responsibility with the department (aka initiating a 3 year SR-22 or “high risk” auto insurance policy).
Most people who are made aware of the above consequences elect to make the notification. We will be happy to notify the DMV for you. It’s free, and doesn’t obligate you to hire us. Simply contact us to make arrangements.
You can also notify the DMV yourself. While you may do so by calling the DMV Driver Safety Office nearest the location of the arrest, it pays to make your request in writing for the following reasons:
1. If you keep a copy of the letter, you will have written evidence of the communication, and its contents, in the event that the Department loses the record of your telephone call.
2. You will be more likely to be understood as requesting not only a hearing, but a stay.
3. You may clearly state your request for discovery (e.g., the police report and notice of other evidence which the department intends to produce to prove their case at the hearing).
If you are going to make written notice yourself, it is best to send letter Certified with a return receipt requested. You should consider that the mail may not arrive for several days and you don’t want to end up arguing with the DMV about the date you actually sent them the notice.
Once you have notified the DMV, you will most likely want to obtain legal representation prior to the DMV hearing date.
Isla Vista Lawyer William C. Makler has more 25 years of experience working in the State and Federal criminal justice systems and represents clients charged with a variety of criminal offenses. Call us now at (805) 892-4922 for a free, no obligation consultation, or message us and Mr. Makler will get back to you as soon as possible, frequently within a few minutes.