Criminal & DUI / DWAI Defense
You have heard it a thousand times on television, yet when caught in a criminal dispute, it is easy to forget your constitutional rights when influenced by sometimes subtle, and other times not-so-subtle coercion by the Police and the District Attorney's Office. Neither one of them is your friend, but they will act like it to get an admission from you. You have the right to be represented by an attorney. Don't talk to the Police Department or the District Attorney's Office without help from an attorney. You are not going to convince them that you are not guilty, and you must ask for a lawyer.
You have the right to remain silent and not to incriminate yourself. You must state that you don't want to say anything to anybody until you have an attorney present. It is true that anything you say, can and will be used against you. The Police and District Attorney's Office will do so with a vengeance. They want to get a conviction and want to close the case. They want to blame somebody for what has happened and you are it.
Every person charged with a crime is presumed innocent. This presumption of innocence remains with you from the time of apprehension throughout the trial. The presumption is overcome by proof beyond a reasonable doubt. "Reasonable doubt" is defined in the law to be based upon reason and common sense which arise from a fair and rational consideration of all the evidence, or lack of evidence, in a case.
You have a right to a jury trial or a trial by the Court. The choice to have a jury trial or a court trial depends on many factors and the choice should be made with care. In a trial, your attorney has the right to cross examine witnesses who would testify against you and to call and compel witnesses to come forward and testify on your behalf. You may also testify on your own behalf. You need aggressive representation to protect your constitutional rights.
Some of the more common areas where you will be confronted with Law Enforcement officials are misdemeanors and traffic offenses. If you are arrested for driving under the influence of alcohol, take the blood test. Domestic violence is another area of confrontation with the criminal justice system. This can be something as minor as an argument with your spouse.
Domestic violence cases, if not properly handled, can even deprive you of your constitutional right to bear arms.