All criminal charges are serious legal issues, but being charged with driving under the influence can create problems that other cases may not carry. There once was a day when a DUI was a relatively simple charge and defendants would plead guilty to what was often a minimal punishment. That is not the case today, and many people are charged with driving under the influence of chemicals other than alcohol. This is especially true of marijuana because the smell is obvious. Regardless of what substance is listed in a DUI citation, punishments have been enhanced to the point that the fallout of a conviction can last for many years. Not only have fines been increased and jail time made mandatory, but license privileges can be suspended for a significant length of time as well. The possibility of a jail sentence means that all defendants will be required to retain legal counsel in defending the charge And even though the state can often appoint an attorney, this rarely bodes well for the defendant.
Enforcing Your Rights
Laws pertaining to DUI have made punishment minimums mandatory in every state, but the court is not required to establish standards at the minimum. Many courts view DUI charges as the most serious of offenses, and many times it takes experienced criminal representation to even plea bargain for a minimum punishment. In addition, cases with extenuating egregious facts can result in a very harsh penalty that could potentially be lessened with solid legal counsel. You still have rights to criminal defense, even when the court does not necessarily want to consider all of them, but it is up to the defendant to hire legal counsel who will have them enforced.
Multiple Offenses
Drivers who are being charged with a second or third offense will assuredly be facing much stronger penalties than those receiving a first DUI. Jail terms can range from seven days to one year incarceration, depending on the circumstances, and those being charged after an accident will often have other criminal charges to defend in addition. Having experienced and aggressive legal representation in these serious cases can often result in a much lesser punishment when reasonable doubt can be established.
Long Term Affects
A DUI conviction generates a criminal record that takes many years to repair, and some states even enhance charges for a period of up to ten years following the fact. Drivers are also required to attend alcoholic driver education classes as well, at the expense of the convicted defendant, and completion is typically required for a license reinstatement. Not only can a conviction result in harsher penalties for a second or third offense within the period, it can also result in denied employment or termination along with denial of public housing or other government benefits for a driving under the influence of illegal substances.
Never assume that a DUI citation is no big deal. It assuredly is a serious issue to the court, and one they rarely are able to plea bargain to a reduced charge. In addition, the .08 standard for a conviction is not always applied to every driver. Underage defendants and commercial drivers can be convicted at a much lower BAC level. Always remember that the attorney you choose can make a major difference in the outcome of your case, and the expense of retaining an aggressive attorney with a strong track record of results is not just an investment in your freedom. It is an investment in your future as well.
Why you need a criminal lawyer when accused of a crime
If you are charged with a crime, you will need the help of an nyc criminal attorney. Only a defense attorney can properly defend and preserve your rights in a court of law.
If you are accused of a crime, you have a constitutional right to counsel. This something you should never take for granted. Sadly, there are many people who truly believe they can represent themselves in court. In fact, that is not the case. If you haven’t attended law school or have little knowledge of the legal system, you will lack an adequate understanding of the law. The chances of you successfully defending yourself in a court of law is statistically less than 1%.
In the U.S., you are considered innocent until proven guilty. You will need a lawyer to thoroughly explain your situation. Only a good defense lawyer can provide a strategy to help you during your time of crisis.
Depending of the crime you are accused of, a conviction could put you behind bars for many years. You can also face heavy fines, probation, criminal record, and other severe penalties.
Prosecutors are crafty, tenacious, and determined to win their case at all costs. The will use everything in their extensive arsenal to make sure they secure a conviction. Prosecutors not only wield a great deal of power, their decisions can determine the outcome of a case. This is why you need a seasoned attorney to fight for your rights.
How An Experienced DWI Attorney Can Help
- Serve as advocate during your arraignment
- Keep you abreast of your legal options during the criminal process
- Serve as advocate during court appearances
- Serve as advocate during pre-trial hearings
- Collect, examine, and investigate all evidence
- Cross examine witnesses during your trial
- Engage in plea negotiations to help reduce sentence
- Present alternative ideas regarding the crime
- Work to settle your case if it serves in your best interest
Just as your criminal defense can assist you during trial, they can also be useful before your trial begins.
If you are charged with a crime, you may get released if you get bail. The amount of bail can vary wildly depending on a number of factors including the crime, criminal record and flight risk. A good defense attorney may be able to convince the judge to lower your bail so that you can raise the funds to get out.
Your defense attorney will look over your case and determine the pros and cons of how you plea. Cases are rarely open and shut. Most cases have both strengths and weaknesses. If the evidence in your case, such as DNA, is iron clad, your attorney may have to go with a plea deal.
There are also times when your case can be appealed. The most common reasons:
- Unreasonable Verdict – You may be able to challenge the verdict based on the weakness of the evidence. Your attorney must convince the court of appeals that jurors unreasonably found guilt based on weak evidence.
- Error of Law – Errors made during the trial can include wrong instructions given to the jury or even wrongful admission of evidence.
- Miscarriage of Justice – The court can find errors in both law and fact as a miscarriage of justice. Other examples can be in finding that either a juror or judge was biased in their duty.
If you have been accused of a crime, find an experienced defense attorney as soon as possible. Only they can provide you the vigorous defense you need to protect your rights.
A public defender is someone who provides defense counsel when someone is facing criminal charges. In the 1963 Supreme Court case of Gideon v. Wainwright, the Supreme Court recognized that some defendants cannot afford their own lawyer. Because of this, people are provided with a lawyer if they cannot afford one.
This rule does not technically kick in unless the defendant is facing a misdemeanor or a felony that could be punished by imprisonment. If the crime is only punished with a fine, the defendant does not have a right to a public defender. Even if you are eligible for a public defender, there are still a number of reasons why you may want a criminal defense lawyer instead.
The Benefits of a Criminal Defense Lawyer
Sometimes, people choose to use a public defender because they lack the money to hire a private lawyer. While money is certainly a factor, many defendants will receive better representation through a criminal defense lawyer. Hiring a lawyer also allows you to pick someone with the right experience and a lighter workload.
A Criminal Defense Lawyer Can Focus on You
Unfortunately, many public defenders are burdened with hundreds of cases per year. On average, a public defender spends less than six minutes on a case at arraignment. Because of their huge caseload, they cannot devote all of their skills and resources to your case.
Unlike a public defender, a private defense lawyer only has to take on the number of cases that they can actually handle. They can be selective about who they work with and devote more time to each client. If a criminal defense lawyer is unable to spend adequate time on each case, their reputation and their business will suffer. As a result, they only take on the number of cases that they can successfully manage.
You Can Pick Your Criminal Defense Attorney
When you decide to use a public defender, you are appointed a lawyer by the court. The court does not let you choose your representation. While you might be lucky enough to get an experienced attorney who cares about your case, you also might find someone who just passed their bar exam.
A criminal case is extremely stressful. If you lose the case, years of your life could be spent in prison. Because of this, it is important to have someone who is experienced with your type of case. In addition, you need a lawyer that you have a good rapport with.
You want a defense lawyer who has the time, resources and skills to support your defense. A private lawyer will only get new clients if they achieve the right results. They have a vested interest in helping you to succeed because a favorable outcome attracts new clients. As a result, your case gets the attention it deserves.
While there are many talented public defenders, the main problem is that most of them are burdened with a huge caseload. It is simply impossible for them to devote enough time and resources to each individual client. They might have a dozen other cases to handle when you appear in court, so your case may not receive the attention it deserves. Even if you are already working with a public defender, it is never too late to hire a criminal defense lawyer to represent you.
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