Criminal Law FAQ

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Criminal Law FAQs

Does A Blood Test For Alcohol Percentage Also Detect Drug Percentages?

No, law enforcement must request a separate test for drugs. If the officer suspects the driver is on drugs, he will routinely request both tests.

Are There Different Levels Of DUI/DWI?

Yes, there are different punishment levels for DUI/DWI. The punishment level is based on many factors, including prior driving record and whether anyone was injured as a result of the impaired driving.

Are Officers Required To Read A Person They Are Arresting Their Miranda Rights?

No, the officer is only required to read a person their Miranda rights if the person is going to be interrogated, or asked questions about the case, while the person is in custody/under arrest. If the defendant is arrested, but the officer does not ask the defendant questions about the case, then no Miranda warnings are necessary.

What Is The General Process Of Filing A Restraining Order?

To file a domestic violence restraining order, a person must fill out a Complaint, which is a form provided by the Clerk of Court. The form must be filled out thoroughly, providing enough detail about the events for a judge to determine whether an act of domestic violence has occurred. You must then testify, under oath, in front of a judge who will listen to the testimony and read the complaint, and determine whether there is enough evidence to issue a restraining order that would be in place only until a full trial can be held. At the trial, both sides have the opportunity to present their case. At this trial, the judge will follow the rules of evidence, and will not allow testimony, documents, pictures, or other evidence to be used or presented at the trial if the evidence does not comply with the rules. You need a legal professional who knows the rules of evidence and other court procedures to assist you.

What Should I Do If I Have Been Charged With A Crime?

The first thing you should do is contact a lawyer who can protect your rights. Do this before giving the police “your side of the story”. You need someone who can make sure your story is heard, not twisted. You need a good lawyer.

What Happens Once I’m Convicted Of DWI Or DUI?

What happens after you are convicted depends on the level of sentence imposed. At a minimum, your license is revoked, and substantial fines and court costs must be paid.

Should I Talk To The Police After An Arrest?

No, not until you have consulted an attorney. If you have been arrested, you will be under significant stress, and it is difficult to remember details when under that kind of stress. You need an advocate who can protect you. You need a good lawyer.

Do I Need A Criminal Defense Attorney If I Am Not Guilty?

An innocent defendant is the person who needs a lawyer the most. A good lawyer will fight for their client, investigate the facts, research the law and protect their client from getting trapped in the system.