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Criminal trial procedural steps
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If you or someone you love has been charged with driving under the influence of alcohol or intoxicants, then retaining an experienced attorney is not only your right, it’s essential to navigating the next steps in the legal process. With a combined experience of 95 years, the criminal defense attorneys at Anggelis & Gordon, PLLC, are prepared to assist you with your case, and ensure that you receive the highest quality of service.
When it comes to traffic stops, the first moments after being pulled over are often fraught with anxiety. Knowing what to say—and what not to say—is important. Remembering what happened before, during, and after you’ve been pulled over, and documenting everything as best you can will provide your legal team with essential information. Be as honest and forthright with your lawyers about your arrest as you can.
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Minors, those with prior charges or convictions, and those found with an excessive BAC can all be at risk of harsher legal penalties. You and your lawyers will review the results of your alcohol screening test, and decide what your options may be.
Finally, having a defense attorney on your side who is experienced with DUI cases means that you will be well informed ahead of time of what choices are available to you. You may not know what questions to ask, or what effect your answers in court could mean long-term. Even if you are guilty, you still deserve a fair trial, and the chance to present your side of the story.
You shouldn’t have to face your charges alone. Contact Anggelis & Gordon, PLLC, today at (859) 255-7761 to schedule a consultation, or visit them online to learn
I was always taught that if I was ever arrested for something that I know I did not do or just arrested in general to keep my mouth closed until somebody is there that fully understands the law and all the possible outcomes. Majority of time, I try to talk myself out of small things but if I know things are much more serious, I wait until I can have somebody there to speak on my behalf. When talking about the Miranda v Arizona court case, it is kind of his fault for talking before he was represented by a lawyer. As a civilian, you should always want legal representation even if it is something small, let alone you should know the law for personal
A DMV hearing takes place at the DMV, not the court, and focuses on license suspension and revocation. A DMV hearing is offered to those who have been pulled over for DUI and gives that person a chance to explain the situation and the details surrounding their arrest in an effort to keep their license from being suspended or revoked. A DMV hearing is highly recommended and will better your chances when it comes to keeping your license. It shows that you care and you want to take responsibility for your actions. What the court decides and what the DMV decides about your case are two different things. The court can dismiss or lessen the charges with your case, but that doesn’t mean the DMV will do the same. You have to deal with each separately. At your DMV hearing you have the right to be represented by attorney, you can present any evidence and/or bring witnesses, cross-examine opposing witnesses, and as an entirety this is your chance to have your case be reviewed by an impartial person. You or your attorney can request any evidence that the DMV has about case. The evidence needs t...
“Yes, sir. I live here and make this turn every day. I’m not sure what I did wrong this time,” I responded in my most innocent voice. All three times I had been pulled over prior to that day, I managed to get out of getting a ticket. This police officer, however, was not
The first thing that should be thought about prior to any form of interrogation is the suspect’s rights; particularly his or her Miranda Rights. Also known as the Miranda warnings, “the purpose of [which] depends on whether you are the law enforcement officer or the suspect. From a suspect's point of view, it is to remind you that you have a Fifth Amendment right to remain silent and not incriminate yourself. From an officer's point of view, it is to help preserve the admissibility of your statements in a criminal proceeding” (Second Call Defense, 2014). There are four main principles to the Miranda statement that an officer will read; although the exact wording may change from police department to police department. Miranda warnings or rights basically state that: you have the right to remain silent, anything you say can be used against you, you have the right to an attorney, and you may be appointed an attorney if you cannot afford one. In addition, an individual may wave his rights outlined within the Miranda statements. Suspects can waive their rights to a lawyer and to remain silent by knowingly and voluntari...
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
The use of evidence and witnesses is a mechanism in which the law attempts to balance the rights of victims and offenders in the criminal trial process. Evidence used in court are bound by the Evidence Act 1995 (NSW) and have to be lawfully obtained by the police. The use of evidence and witnesses balance the victims’ rights to a great extent. However, it is ineffective in balancing the rights of offenders. The law has been progressive in protecting the rights of victims in the use and collection of evidence and witness statements. The Criminal Procedure Amendment (Domestic Violence Complainants) Bill 2014, which amends the Criminal Procedure Act 1986, passed the NSW Legislative Council on 18 November 2014. The amendment enables victims of
Once an individual makes the decision to get behind the wheel after consuming alcohol they are not only putting themselves at risk but the lives of other people on the road. After reviewing the Annual Report of the California DUI Management I was astonished to find that in 2008 there were a total of 214,811 DUI arrests (Annual Report). Of those 214,811 arrests I was sickened to find that 38,266 of the drivers were a second-offender (Annual Report). This means that these individuals have had one DUI arrest within the previous ten years. It is disheartening for me to discover that 26.4% of the reported 214,811 arrests are due to individuals who were second to fourth-offenders.
“The criminal process is part of the State’s response to crime, part of the mechanism which the State applies substantive criminal law to its citizens”. (Ashworth & Redmayne, 2005, p.2)
Approximately one-third of individuals arrested for driving under the influence (DUI) in the United States are re-arrested, indicating that remedial interventions for DUI offenders are not completely effective. National Highway Traffic Safety Administration data indicate that “21-48% of drivers arrested or convicted for DUI had previous offenses for alcohol-impaired driving” (Lapham). When it comes to drinking and driving, society tends to make psychiatric excuses for repeat offenders of alcohol abuse. They are at times labeled as stressed, unemployed, substance abusers, to name a few. Should society be making excuses for these repeat offenders or actively ensuring that they do not become a danger to themselves or innocent individuals on our roads? So much is spent on rehabilitating these DUI individuals but their nonchalant re-occurring actions prove that mandatory jail time should be instituted to curtail the negative and deadly behavior they por...
It will be easier to meet your legal professional if you choose one who resides just within your local area. When you need to travel farther to talk to your attorney, it will cost you a lot. Indeed, when you are in prison, when your lawyer has to travel for distances to meet you, the more he'll impose a
In the formal criminal justice process one has to undergo many steps before they can be released. There are two phases that one must endure before arrest they are the initial contact where a police officer observes, hears, or responds to criminal activity. The other is the investigation process where it is the burden of the police to find sufficient evidence to support a legal arrest. Once a person is arrested the police needs to have a probable cause for arresting the individual. Then the officer arrests the individual denying the individual their freedom. Second the officer takes the criminal into custody this is where an officer may want to search for more evidence or interrogate a person. Third, the individual will
“Everyday twenty eight people in the US die in an alcohol related vehicle crash, that's one person every fifty three minutes (Drunk Driving Sc 1). Alcohol impairs your thinking, causing your brain to not function as it normally would leaving you feeling strange and a danger to the road. If you know that you cannot function as you normally do, then you should not be on the road harming other people. The limit of .08 BAC is set as it is to keep people safe and out of harm's way. “When your BAC is over .08 many of your senses are impaired causing you to do things that are unsafe and dangerous while on the road. With a BAC of .02, you have lost some judgment, relaxation, slight body warmth, altered mood. At .05 you have exaggerated behavior, may have loss of small-muscle control, impaired judgment, usually good feeling, lowered alertness, release of inhibition. At .08 your muscle coordination becomes poor, harder to detect danger, judgment, self-control, reasoning, and memory is impaired. Next, there is .10 where you have clear deterioration of reaction time and control, slurred speech, poor coordination, and slowed thinking. Then last at a BAC over .15 you have far less muscle control than normal, vomiting may occur, and major loss of balance” (Drunk Driving Sc 1). The effects alcohol has on you can be very severe, depending on the amount of alcohol that is in your system. Furthermore, plenty of people do not think that even
I have chosen to use a criminal defense lawyer as my primary legal career for this discussion board. A criminal defense lawyer, is a lawyer who specializes in defending an individual or a company that has been charged with a crime. Criminal defense lawyers have to deal with many different circumstances. For instance, arrests, criminal charges, investigations, sentencing, appeals, and even post-trial issues. However, a lot of criminal defense lawyers will choose to specialize in a certain type of criminal defense. For instance, drug defense, or even DUI defense. Criminal defense lawyers often have to work out substantive issues in connection with their clients supposed crime. Many times criminal defense lawyers will be helping a client even before charges have been filed against them by
After closing statement the judge will directs the jury on those important legal documents to decided including results the jury will need to make instructions to arrive at a conclusion. The judge also describes important belief such as "guilt beyond a reasonable doubt, the judge will explain to the jury to consider the evidence presented at
Obtain contact information from all parties involved in the accident and all witnesses, including names and addresses. For those involved in the accident, get license plate numbers and drivers' license numbers. Get insurance information from all drivers involved also. Be polite and cooperative throughout this process, but never admit guilt or apologize for the incident.