DUI/Criminal Law

Criminal Law

 

Why is it important to contact a Lawyer right away if I am accused of a crime?

In most cases, even though the police have arrested you, the State Attorney’s Office must decide at an “invest” if they are actually going to charge you with a crime. Even if you were not arrested, the police often forward cases to the State for a similar investigation. During these early crucial stages it is important to have your attorney contact any witnesses you may have and provide the State with your side of the story. Without this interaction, the prosecutor will only see the incident through the eyes of the police.

 

What if I think the police violated my rights?

If your Constitutional rights were violated and an appropriate motion to suppress is filed, the Judge may throw out some or all of the evidence against you.  Did the police have a valid reason to stop you? Did they have the right to detain you? Did they have probable cause to arrest you? Was their search of your person, belongings, vehicle, or home justified?  Did they read you your Miranda warnings before interrogating you? Many people do not realize when their Constitutional rights have been violated.  This is why it’s crucial to have a lawyer review all the details of your case.

 

Is there a fee for the initial consultation?

No.  If you have questions, I will review your case with you without charge.

 

DUI Issues

 

Why is it especially important to call a Lawyer within 10 days of a DUI arrest?

A request for a formal review of the suspension of your driver’s license MUST be made within 10 days of your arrest. If you miss this deadline, your right to contest your suspension WILL be waived and the suspension will begin after the 10th day.  A lawyer can file the appropriate paperwork to protect your rights and fight the suspension. Drivers with first time DUI arrests who choose not to request a formal review of their suspension can get an immediate hardship license that avoids the 30 day “hard” suspension, described below, entirely if requested within the 10 days.

 

Why is it important to request a formal review hearing and subpoena the officers to testify?   

At a formal review hearing, your attorney will contest the suspension and try to uncover any mistakes made by the officers that will invalidate the suspension. The hearing also enables your attorney to question the officers to determine if any of your Constitutional rights were violated (see above) which also may lead to an invalidation of the suspension. The testimony of the officers that is placed on the record can then be transcribed and used again later in a motion to suppress if the officers try to “clean up” their story.

 

If I am arrested for a DUI, will my drivers license be suspended and for how long?

A DUI can cause both the Department of Motor Vehicles and the court to suspend your drivers license. If the results of your breath test were .08 or above or if you refused to blow, the Department of Motor Vehicles will attempt to suspend your license starting 10 days after your arrest. If you are convicted of a DUI, the court will suspend your license again.  For the first DUI, your license will be suspended for 6 months, or one year if you refused to blow.  The suspension periods for subsequent DUIs can range from 1 year to life.
Can hiring a lawyer prevent the immediate suspension of my license?

Yes. If your attorney requests a review of the suspension within 10 days, the Department of Motor Vehicles will grant you a hardship permit (if you are otherwise eligible) that will be valid until approximately a week after the hearing. If this is your first DUI you may waive the review of the suspension and get a hardship permit.

 

Can I get hardship license?

A 30 day “hard’ suspension (90 days for a refusal) begins either after the first 10 days following the arrest, or after the initial hardship permit expires after the formal review hearing. During the “hard” suspension you may not drive for any purpose. On a first DUI, after the hard suspension runs, you may apply for a hardship permit after several conditions are met. Typically, the department will grant you a business purposes only hardship license. If you have a prior DUI conviction, hardship permits are only granted in certain circumstances. However, if this is your first DUI, and you requested a hardship license within the first 10 days instead of contesting the suspension, there will be no “hard” suspension and you can avoid missing a single day of driving to work. To elect this option you must have enrolled in DUI school.

Seminar Featuring Sheri L. Frogel

Seminar Featuring Sheri L. Frogel

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Meet Phil Dragonetti

Meet Phil Dragonetti

Phil is a Board Certified Criminal Trial Lawyer

Chuck Sullivan Named to Multi-Million Dollar Advocates Forum

Chuck Sullivan has been certified as a member of the Multi-Million Dollar Advocates Forum. Chuck is also a life member of the MillionDollar Advocates Forum, the most prestigious group of trial lawyers in the U.S. Fewer than 1% of U.S. Lawyers are members…MORE Phil Dragonetti Phil is a Board Certified Criminal Trial Lawyer. Less than 1% of the over […]