Category: Legal

What You Should Know About DUI Cases

When you or someone you care about has been accused of driving under the influence (DUI) in Washington, it’s incredibly important that you contact an experienced DUI attorney as soon as you can. The team at Feldman & Lee has handled thousands of DUI cases in the state. With a collective experience length of four decades, our firm has cultivated many relationships within the courts. We know who the prosecutors and judges are, and they know who we are: tenacious and thorough defenders of our clients’ best interests. They know we are tactful and skilled, which allows us to get better results for clients during negotiations.

What to Expect

When you are charged with a DUI, you can expect to have to jump through some hoops during the legal process. Some type of drug and alcohol evaluation is almost always required, for example. Chemical treatment and evaluation experts have become somewhat of a cottage industry for the courts over the years, so it’s vital to know which programs are right in your situation and which are not. Thanks to our extensive experience, we are also aware of which experts will treat you properly and which ones may act more like a rubber stamp. You must complete the court-ordered actions or risk facing serious consequences, so let us make sure you get where you need to go.

DUI Arrests: What You Need to Know

Being arrested for a DUI can be a scary and stressful experience. If you are being arrested, it’s important you take the proper steps to prevent the case from becoming more stacked against you. Mistakes made during arrest can also be addressed and potentially mitigated by our skilled staff.

• Keep calm through out the entire process. Arguing or fighting with the officers can lead to even more serious charges than the one you are already facing.
• Be polite. However, don’t answer any questions about drinking alcohol or admit that you did in any way, shape or form. Anything you tell officers can be used against you in court later, so keep that in mind.
• Ask to speak to an attorney right away.
• Don’t take field sobriety tests as these tend to have a higher margin of error. Indicate you will take a test back at the police station. While you can refuse a breath or blood test later at the station, this may not help your case and can actually make the outcome worse.

After you have been arrested for DUI, the state and the DOL will immediately start actions against you to suspend or revoke your driver’s license and to potentially fine you and put you in jail.

Appearing in Court

At the time of your arrest, you will be given a ticket or a summons that tells you the date that you have to appear in court to face driving under the influence charges.

For some drivers, it feels humiliating to have to appear in public to answer charges of being drunk.

In today’s courts, if you deny the charges, plead not guilty, and try to fight the case, chances are you and everyone else in the courtroom are going to see a video of you failing the field sobriety test taken from the officer’s dashboard camera or taken at the jail where you were processed.

Losing Your Driver’s License

In all states, even for a first-time conviction, your sentence will include the loss of driving privileges for a period of time. Even if your state offers a hardship license that allows you to drive to work or school during the time your license is revoked or suspended, your driving privileges will be drastically curtailed.1

In some states, if you refused to take the field sobriety test or submit to a breathalyzer or blood test, your driver’s license is suspended immediately, even before you go to court.

In addition to the guilt and shame you may be feeling, a suspended license may make you feel like a burden as you may have no choice but to lean on friends and loved ones to get from one place to another.

Paying Fines

If you are convicted of driving while intoxicated, part of your sentence will definitely include paying a fine. All states have laws setting minimum and maximum fines for drunk driving, but those penalties can be enhanced by other circumstances.1

For example, if the property was damaged, someone was injured, or a child was endangered as a result of your driving while drunk, the fines can be increased. In most states, you will also have to pay the court costs associated with your case.

Can I get my First DUI Reduced to a Different Charge?

The following charges are reduced charges to a DUI, though not a separate criminal offense.

• Wet reckless,
• Dry reckless,
• An exhibition of speed, or
• Drunk in public

In situations where the facts and circumstances of your case are such that the prosecutor may have difficulty proving DUI in a trial, they may be willing to plea bargain to a lower offense.

Is a Reduction Possible if the Prosecutor is Unable to Establish who the Driver of the Car was?

There are circumstances where police are unable to definitively determine who was driving.

This might arise in the following scenario’s:

• An accident where the occupants are outside the vehicle and refuse to acknowledge who was driving.
• Someone reported your vehicle’s license number to police and police come to your home and find you inebriated.
• You are found parked or asleep in your vehicle and police observe that you were under the influence

While there may be some evidence pointing to you as the likely driver in any of these scenarios, the prosecutor may be more amenable to a reduction of the charges in the interests of justice. 

Degree of intoxication for a positive DUI

A positive DUI test confirms that the driver of the vehicle has more than the allowed level of drugs in their system. In Canada, the maximum allowed legal blood alcohol concentration (BAC) for licenced drivers is under 80 mg of alcohol in a sample of 100 ml of blood, or 0.08 (“Impaired Driving“). Drivers that have a higher level of drugs in their system are committing an offence that has very serious repercussions as per the Canadian Legal System.

In the case of modern or synthetic drugs, there are other tests that can easily determine if the person has them in their system or not. The more serious the drug the more chances are there to receive a serious sentence. In such cases, the felon must hire a DUI lawyer who remains familiar with the Canadian DUI laws to make sure they stand a fighting chance.

Consequences of DUI

If a person is knowingly under the influence of drugs and still decides to drive, he or she will face some serious consequences. The consequences include putting their own lives as well as others in danger. The person committing the crime can also damage their own property as well as others. If and when caught the person under DUI will be charged and made sure they face serious punishments. Once a person is charged and convicted of DUI, it can have serious issues for your future.

How to avoid DUI

Given the seriousness of the crime, one must never drive while they have consumed any sort of drug. It is highly recommended by the authorities to avoid driving at any cost while you are intoxicated. Furthermore, there are taxi services available now that can drive you home in such conditions. This responsibility of not driving while being intoxicated is not restricted to an individual only. The police encourage people to report if someone else who might be intoxicated is driving.

Legal Aspects of a DUI

In Canada, if you’re caught driving under a DUI you will receive a 90-day licence suspension. Almost 7-day to one-month vehicle impoundment. And a fine of $550 or more. These repercussions may increase if the driver hits someone or damages the property of someone. If you have been charged with a DUI, it’s very important that you hire a DUI lawyer.

Breathalyzer Test Results

The most common way to determine whether someone is impaired while driving is by a breathalyzer breath test. These tests are designed to chemically measure the alcohol that’s released by your lungs. While the smell that alcohol leaves behind in your mouth can potentially skew the reading (which is just one of the reasons these tests aren’t irrefutably reliable), the test isn’t dictated by that smell.

Here’s how the breathalyzer test works:

• The officer will have you breathe into the device.
• The device then projects an infrared beam through a chamber that “captures” your exhaled breath. 
• The alcohol particles will absorb some of the energy from the beam, while the rest will make it to a sensor at the other end.
• The ratio of your blood alcohol content (BAC) is calculated with a math formula that compares the differences in infrared released by the lamp to the level detected by the sensor.
• A final reading is given, showing the percentage of your Blood Alcohol Content (BAC).

However, before an officer can administer a breathalyzer test, they must observe you for at least fifteen minutes. If they don’t, then any evidence the test gives them will be inadmissible in court.

Criminal law

What is criminal law?

The criminal law sets out the definitions of criminal offences and the rules and procedures that apply when the police investigate an offence they allege you have committed; when the prosecuting authorities charge you; and when you must appear in a criminal court. If you admit the offence or are found guilty, the court will impose a punishment on you, ranging from fines, community orders and imprisonment.

Criminal law solicitors will help you if you are suspected or accused of a crime. When the police allege that you have committed a criminal offence, solicitors can represent you to make sure your legal rights are protected and to present your case in court to make sure you get a fair hearing.

Criminal offences

There are a wide range of criminal offences. They include offences of violence such as murder and manslaughter, sexual offences and non-sexual assaults. Dishonesty offences include fraud and theft and offences against property include arson and criminal damage. There are crimes against justice, such as perjury, or giving false evidence under oath, and perverting the course of justice.

Criminal law solicitors will use their knowledge and experience to ensure the best outcome for you and your case.

Road traffic offences

Road traffic offences include speeding, drink driving, careless or dangerous driving.

For many people, road traffic offences are their only experience with the police and courts. It is important to find a solicitor who has specialist experience of handling traffic offences who can advise you through the legal process.

For minor road traffic offences, you are likely to get a fine, and / or points on your driving licence. For more serious road traffic offences, such as causing injury or death by dangerous driving, as well as losing your driving licence, you could face going to prison if you are found guilty.

Tips in Identifying a Good Criminal Defense Lawyer

Do you think that the problem is irrelevant or significant if you are involved in the trial as a result of which you are accused of misconduct? You do not want to waste time looking for a lawyer in criminal matters. At stake is your freedom, so you must be detailed during the selection process. Learn a few tips to consider when choosing a criminal defense lawyer for your case.

Experience

When you are accused of committing a crime, you need a quick legal representative. That is why it is essential that you only hire a criminal defense lawyer who knows what he is doing and has the experience to show it. It’s not enough to hire a lawyer; you need someone who went to school to find out how to become a criminal lawyer. Although some people think that all lawyers have the same basic knowledge, this is not true. It is imperative that you employ only someone who has particular experience related to your case.

Testimonials

Another good way to choose the right lawyer is to check what others are saying. Goes beyond viewing on their website. It also means that you should review the site and read reviews of what previous clients have said about this particular criminal lawyer. You may be surprised that all reviews may not be as high as you would expect, so it is important to conduct a study.

Evaluate Defenses

Immediately after reviewing the evidence, you need to decide the strongest defense in your criminal case. If there are incriminating statements, was the Defendant read his Miranda Warnings? If the Defendant confessed, was the statement made voluntarily or coerced? If the Defendant was not at the scene, can you locate a credible alibi witness? If there was a search of property, did the Police have a valid search warrant? Every crime has its specific defenses that a seasoned attorney will be familiar with.

Determination

If you are facing arrest or prosecution, then you are at risk of losing property, facing a jail term, loss of job and many others. In your first court appearance, you may lose your freedom. A criminal conviction is associated with a permanent criminal record and comes with a significant number of life consequences. The NYC criminal lawyer top priority is to see your case dismissed at all costs. A good criminal attorney should have the determination and also highly experienced in handling legal matters affecting his or her clients. A good criminal defense lawyer should have handled a number of cases in courts and this what gives him exposure as well as experience of managing all kinds of cases.

Excellent Communication Skills

Developing an attorney client relationship is the most critical part of defending your case as it progresses through the court system.  This point is simple: Does your lawyer listen to you?  Did the lawyer answer all of your questions at the first meeting?  Did he or she take time to explain how legal proceedings work and what to expect when you show up for court?  Did you discuss strategy or goals?  Will you be able to speak with the attorney, and not his or her staff, when you have a question?  How long can you expect it to take for the attorney to call you back?

Did you leave the meeting feeling rushed or were you made to feel as though your case was already important to the attorney?

Perhaps most importantly – will the attorney be in court for every one of your court dates, or will he or she send a “stand in”?  Will the attorney assign the case to a junior associate and not work on your case?

Moreover, do you feel as though the attorney can reasonably communicate your needs and wants to the prosecutor and judge?  Can he or she be forceful when needed and gentle when needed?

Does the attorney appear ethical?  Believe it or not, some attorneys ask clients to fabricate witnesses and testimony.  If a lawyer is willing to be dishonest with the court, the lawyer is willing to be dishonest with you.

Interview Your Candidate

That’s right. You have to treat hiring an attorney just like hiring any other employee. Conducting an interview with an attorney, or law firm, is a crucial step to hiring the right lawyer.

Conducting an interview with any lawyer you intend to hire can save you a world of headache down the road. So what questions should you be asking a prospective lawyer?

Here are a few questions you should ask a prospective attorney :

• How long has the attorney been in practice?
• Does the law firm have a track record of success? If so, can they provide any references?
• Does the attorney have experience in the type of law that applies to your case?
• How are the lawyer’s fees structured? Do they have an estimate of the cost?
• Are there any additional fees, besides their services, that you should be aware of? (Ex. filing fees, court costs, shipping or postage costs)
• How does the lawyer bill their charges? Are there payment options?
• Will you work with one attorney, or do will you be working with whatever attorney is available on a given day?
• Do they have a written agreement of their fees?
• Will they outsource any work? Will you have to pay these fees separately? What will the rates of the outsourced work be?

Asking these questions during an in person or phone interview is- a solid start to finding the right lawyer to represent you.

The Process of Criminal Justice

Criminal justice is a process, involving a series of steps beginning with a criminal investigation and ending with the release of a convicted offender from correctional supervision. Rules and decision making are at the center of this process.

Rules

Sources of rules in criminal justice include the U.S. Constitution and Bill of Rights, state constitutions, the U.S. Code, state codes, court decisions, federal rules of criminal procedure, state rules of criminal procedure, and department and agency rules and regulations. The Federal Rules of Criminal Procedure, for example, govern the procedure in all criminal proceedings in courts of the United States.

Discretion

Decision making in criminal justice involves more than the learning of rules and the application of them to specific cases. Decisions are based on discretion, that is, the individual exercise of judgment to make choices about alternative courses of action. Discretion, or making decisions without formal rules, is common in criminal justice. Discretion comes into play whenever police make choices about whether to arrest, investigate, search, question, or use force. Similarly, prosecutors exercise individual judgment in deciding whether to charge a person with a crime and whether to plea‐bargain. Judges also use discretion when setting bail, accepting or rejecting plea bargains, ruling on pretrial motions, and sentencing. Parole board members exercise discretion when deciding whether and when to release inmates from prison.

An Overview of the Criminal Defense Process

Investigation

Before you can be arrested and charged with a crime, law enforcement officers must have “probable cause” to arrest you. Investigators from the Harris County Sheriff’s office, local Houston police department or another state or local law enforcement agency may employ various procedures – such as a search warrant, interrogation, seizure of property, etc. – to justify a criminal charge. This is the first step in the criminal justice process.

Many people make the mistake of waiting to contact an attorney after being arrested. However, getting a lawyer involved early in the process during the investigation stage can significantly impact your case in a positive way later on.

Arrest

Once police feel they have probable cause, they will arrest you. Upon being arrested, you will be booked at a local police station or jail. During this process, police will take your fingerprints and photograph as well as record the charges filed against you. You may also be searched and questioned.

Remember, you are under no legal obligation to talk to investigators and are strongly encouraged not to speak with police until your attorney is present. Your constitutional Miranda Rights mean “you have the right to remain silent.”

Arraignment & Bail (Initial Appearance)

The arraignment is your first appearance in court and when formal charges are filed against you. During this brief hearing, which must occur as quickly as possible after arrest, you will appear before a judge with your attorney (if you choose to hire one). The judge will confirm that you are the person being charged with the crime, that you know what crime you are being charged with, and what you plead to the charge – guilty, not guilty or no contest.

Almost all defendants plead not guilty at the arraignment. This gives their attorney more time to prepare their case, even if they plan on pleading guilty later on. If a defendant pleads guilty during the arraignment, they skip straight to sentencing.

The arraignment is also when bail and your next court appearance is set. Bail allows you the freedom to go home during the trial proceedings and the bail amount (an amount of money the court uses to ensure the defendant returns on his or her trial date) is set by the judge.

Pretrial Hearings & Plea Bargaining (Grand Jury Proceedings)

The next step in the criminal defense process is the beginning of pre-trial conferences and hearings, or a Grand Jury proceeding in the case of federal crimes. During these meetings between the prosecution and defense, both parties discuss strengths and weaknesses in the prosecution’s case, pretrial motions as well as indirect factors that pertain to the defendant’s case such as their character, history and reasoning behind committing the crime (if they are guilty).

These factors, and other discussions that often occur during pretrial hearings, can greatly impact a defendant’s plea bargaining leverage.

During the pretrial process is also when the defense lawyer may work out a deal with the prosecutor and police to prevent a trial by getting them to drop the case or having their client plead guilty to a less serious charge. A majority of federal and state criminal cases (90-95 percent) end during the pretrial process due to plea bargaining.

Trial

If the defendant pleads “not guilty” and a plea agreement cannot be reached, the case moves onto the trial phase of the criminal defense process. During the trial, a judge or jury reviews the case to determine whether they think the defendant is guilty or innocent. The trial phase can last anywhere from two months to two years depending on the complexity of the criminal case.

Verdict

Following the trial proceedings, the judge or jury comes together in private to decide whether or not they believe the defendant to be guilty “beyond all reasonable doubt.” The deliberation stage may last for minutes or weeks, and the final verdict is read to the defendant in court once a decision has been reached.

The jury’s decision must unanimous. If a unanimous verdict cannot be reached (known as a “hung jury”), then a mistrial is declared and the prosecution is free to retry the case if they wish to. If the verdict is not guilty, neither the prosecutors nor the court can overturn the jury’s decision and the defendant is cleared of all charges. If the verdict is guilty, the defendant moves onto the next step.

Sentencing

If you have pleaded guilty, or been tried and convicted by a judge or jury, then you must receive sentencing for the crime you are charged with. Determining the length and severity of the punishment to fit the crime is a complex process for a judge that involves looking at a defendant’s criminal record, responsibilities, level of remorse and other factors. All judges, however, are typically bound by standard sentencing guidelines set forth by the state or federal government.

Appeal

If you are found guilty of all or some of the criminal charges, you are entitled to appeal the verdict up to at least one level of appellate court. The Texas Court of Appeals is the mid-level court system that looks for instances of improper procedural issues that have taken place in the initial trial and this court has the power to overturn a lower court’s decision.

The highest court in Texas for criminal cases is the Texas Court of Criminal Appeals, and they take appeal cases from the mid-level court system or direct appeals where the death penalty is a possibility.

Laying the groundwork: the importance of gathering all the facts

A superior criminal defense is built upon a comprehensive understanding of the case and the defendant. A defense attorney gathers information through several means, including:

• Open and collaborative communication with his or her client to obtain a thorough personal and criminal history and to ascertain the client’s mental capacity/state of mind, timeline of the crime, and relationship with the victim. Thanks to attorney-client privilege, anything shared with one’s defense attorney is completely confidential.
• A process known as “discovery” that promotes fairness in trials, whereby the defense receives all the evidence that the prosecution has, including the charging document, police reports, lab tests, and witness statements. Defense attorneys scrutinize these documents with great care to assess the state’s evidence and look for holes that may help the defense or point to wrongdoing on the part of law enforcement while gathering evidence (e.g., illegal search and seizure, etc.).
• Independent investigation to gather new evidence and verify the facts of the case. Good defense attorneys will not simply take the prosecutor’s version of events at face value, but instead will conduct their own research, including but not limited to: interviewing witnesses to determine their credibility; visiting the scene of the crime; and exploring any inconsistencies in the state’s evidence.

Can A Defense Attorney Refuse A Case Because He Knows The Defendant Is Guilty?

Lawyers who are in private practice Have more freedom as a practical matter to decline representation for nay reason, including the defendant’s guilt. How does that work in the real world. If the lawyer practices exclusively ro msotly criminal law, the lawyer will be faced with the same brute fact that publci defenders face: Most of the clients are guilty. If criminal law is a big chunk of your practice and you limit it to denfdign innocent clients only, then you will very soon have no clients. As a practical matter lawyers practicing criminal law in private practice can not afford to limit their practice to only innocent clients.

When I was practicing, I would not represent clietn sin criminal defense matters because I didn’t know what I was doing. I had a particular skill where I did handle a fair amount of environmental crimes, which is a sub specialty that I happened to possess., I almost always retained co-counsel whose practice was 100% criminal defense, usually a former prosecutor or public defender.

Short(er) answer: Can a medical doctor specializing in kidney disease refuse to treat patients with kidney disease? Sure, but why? If you don’t want to represent criminals, don’t practice criminal law.

Defense Attorney Required Skills

• Excellent written and verbal communication skills.
• Strong research and public speaking skills.
• Excellent decision-making and problem-solving skills.
• Ability to work autonomously or with a team of attorneys to develop case strategies.
• Adaptable, with a strong attention to detail.