Criminal laws back then were quite favorable to the defendants working with Sarasota dui attorneys not merely for the grant of presumption of innocence until otherwise proven guilty as they were also once given greater involvement in the proceedings over the victims. But at the latter part of the 20th century, states have enacted legislations intended for the protection of victims in the criminal justice process. Such statutory provision has since been known as “victim’s Bill of Rights” which is advocating better participation especially on matters relative to the appropriate punishment for the acts done by the offenders. That means to say, therefore, that they can now influence the sentencing of the criminal courts; hence, as interested as it appears, it is essential to gain awareness about the statutory rights of victims in criminal proceedings:
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Driving Under the Influence of Intoxicating Substances cases or commonly known as Drunk Driving (even if alcohol is not the only factor responsible) are a pretty serious problem in the United States. Despite the heavily enforced laws and regulations being implemented by the local and state governments, DUIs still account for most of the road traffic accidents in the country. Once you have been arrested for the offense, a roller coaster of events will follow. The experience of facing a DUI charge is very harsh, considering that you will have a blemished professional record when found guilty of which. With that said, what can you expect after a DUI arrest?  The Arraignment It is our constitutional right that when we are arrested, we are innocent until proven guilty and that you have the right to an attorney, in this case, a DUI lawyer. However, once you arrested and a blood test proves that your blood alcohol level is above 0.08%, regardless of how sober you felt at the time and even if you passed all field sobriety tests, you will be convicted of a DUI charge. During the arraignment, you will be asked to plead guilty or not guilty. During this process, the services of a lawyer may not be necessary, but just to be safe, you need one at every step of the way. If you plead guilty and enter a plea bargain, you may be able to avoid jail time and lessen the sentence – that is, if you somehow manage to avoid any untoward incidents during the ordeal and if it is your first offense. Some states usually treat first offenses as misdemeanors, while some prosecutors will lighten the charge and may turn it into a reckless driving charge instead. Penalties
The penalties vary per state, although there are very telling similarities. You will be required to pay fines, compensate the victims of personal injury and property damage and your driver’s license will most likely be suspended for quite a while. Depending on the sentence and charges, one may spend jail time or skip it altogether. It also depends if he is a repeat offender, which in some cases, may no longer be a misdemeanor and will be considered as a felony. The offender may also be enrolled in probation, therapy and alcohol treatment classes as well as counseling in rehabilitation classes. You may also be sent to driving school to learn the dangers of impaired driving. Once you graduate from those classes, you will be back on the road. Aftermath Lastly, an offender may be required to pay for SR-22 insurance, a policy strictly for convicted drunk drivers before you can be legally allowed on the road. Its cost is double, or even triple of the current car insurance that you may be paying now. It will also affect your professional record greatly, especially if you have a job that requires driving skills and other security-related occupations. You will also be perceived differently by the society in a rather negative manner. Not following the conditions of probation can probably be the gravest mistake that a criminal defendant could ever commit given that such is a privilege not to suffer the original penalties supposedly imposed by the court. It is primarily because such is a legal ground to revoke the probation that could lead to re-imposition of the original sentence or separate penalty depending on the laws in particular jurisdiction. But just as the rules vary in different states, the guidelines also do; hence, a defendant should always be wary on every piece of information stipulated in the condition. Nonetheless, it is a general rule among most states to include in the condition that the probationer should obey all laws; otherwise, failure to do so could land him or her in jail. And if such happens, these essential matters will be observed in revoking the probation: Probation Revocation Hearing Even without a jury, a probation revocation hearing can commence in court where both the prosecution and the defense are required to present pieces of evidence to convince the judge why the defendant should or should not be subjected to any punishment which was originally imposed. In such instance, the defendant is also allowed to counsel, but the judge needs not to follow the stringent rules of evidence. As such, the legal standards in probation revocation hearing are lighter than the standard in criminal trials which is proof beyond a reasonable doubt. Those standards are not easy to quantify, though the evidence should not be that compelling to revoke probation. Thus, in revocation hearing, the prosecution will just prove the preponderance of the evidence that the accused had really violated the conditions of probation, which is why such privilege can be lost more easily than the person’s freedom. Is there a Need for New Conviction prior to Revocation?
In case the violation in any of the probation conditions was discovered and reported, the concern then is whether the prosecution needs to secure new conviction before revoking the probation. Generally, the court will conduct a probation revocation hearing which might commence after the new offense has been disposed of. But if it is not a new offense yet constituting a violation to the condition of probation, the hearing could also take place immediately after the violation is reported. And if this is instituted, the defendant is entitled to be notified about the place, time, and reason for the probation revocation hearing. Who has the Burden of Proof in Revocation Hearing? It is noteworthy that the revocation hearing is not similar to criminal trial because the burden of proof for the prosecution is not beyond reasonable doubt. Instead, it only requires less weighty evidence to prove that the violation was really committed; hence, the probation can be revoked even if the accused was tried and acquitted. Meanwhile, if the defendant was arrested for a new charge which is also a violation to the probation condition, the defense can negotiate new plea bargain to cover both offenses; it is typically practiced in busy courts to avoid further backlogging in the pending cases. Nevertheless, if ever your probation will consequently be subjected to revocation, the most important thing you should not forget is hiring a competent defense lawyer to save such privilege and avoid harsher penalties. Refuting the allegation of the police on the commission of driving under the influence is never easy even for a well-experienced criminal defense lawyer especially when the prosecution has sufficient evidence to prove the crime charged. It is often the results of the field sobriety and chemical tests which can hardly be suppressed unless there were violations done at the time of stop or arrest by the officers. Without which, however, the better recourse for the defense is to lower down the charge or sentence by entering into or accepting plea bargaining agreement, though not always possible as there are cases which cannot be qualified for such. Thus, if a plea bargain is never an option and the case would likely lead to harsher penalties, the defense could find it wise to utilize the “rising blood level alcohol” defense: What is all about the Rising Alcohol Defense? As specified in the statute on DUI, the alcohol concentration at the time of driving is what matters or taken into account when prosecuting an alleged offender rather than at the time when the test was administered. The law here presumes that if the examination was conducted within three hours of driving, the suspected driver should have .08% or higher BAC level at the time of driving if in case the test result revealed the same amount or more in the blood. Given this, Sarasota dui lawyer can use the rising blood level alcohol defense if the BAC was below the aforementioned legal limit while driving, but consequently rose at the time of breath or blood test Analysis of Time and Alcohol Absorption Both the time of test administration and the absorption of alcohol are considered critical elements in a DUI case as the judge would take them into account when giving merit to the said defense or reject it after thorough analysis. This is primarily because of the scientific explanation regarding the matter; specifically, the consumption of alcohol does not instantly impair the person as it would still take time to reach the brain through the small intestine and into the blood. And yet, the absorption usually is not completed only for forty-five minutes to two hours after consumption and may even be delayed by the food taken; however, it should be noted that the presence of alcohol in the blood can be immediately detected after drinking. Pseudo Scientific Formula by the Prosecution If the defense so decides to utilize the rising blood level alcohol defense, the prosecution may counter it with a pseudo scientific formula called “retrograde extrapolation” intended to calculate the level of alcohol in the person’s blood at the time of driving based on the result of chemical examinations. Nevertheless, it is noteworthy that such extrapolation is considered to be a mere estimate without scientific certainty in measuring the exact BAC of the suspected person at the time of driving. Further, there are allegations that it is fraught with errors given the inconsistencies to other areas of DUI tests. Fallacies of Retrograde Extrapolation As a defense to the disputable calculation by the prosecution and support the rising blood level alcohol defense, the defendant’s lawyer can demonstrate the fallacies of the said extrapolation. Specifically, it can be argued that such depends on the presumption that alcohol absorption is complete and the rise of alcohol level is in a steady manner or the same for all persons. Given the above-mentioned elucidations on the rising blood level alcohol defense, it would thus be valid for you to presume that you can still do something to avoid harsh penalties for the drunk driving offense.
Negotiating for a plea bargain deal to lower the charge of the prosecution or get a lighter sentence from the court is a common recourse of the defendants whose cases can hardly be defended for when brought on to trial considering the circumstances involved. But the offer or acceptance of the agreement, however, is not automatically granted by the judge for there are rules to which such must accord to be held reasonable or valid. And as such, it is thus important for the defendant to be assisted or guided by a lawyer before going through the process which may only lead to either rejection or modification that might not be favorable to the interest of any or both of the parties. Anyhow, it is not only the assistance of attorney that is essential because the accused should also be aware of these things before accepting or entering into plea bargaining agreement: Types of Plea Bargaining There are two types of plea bargaining from which the defendant can choose or take; namely, charge bargaining and sentence bargaining. In the former, the prosecution agrees to reduce a charge to less serious offense or withdraw some charges as a trade to the plea by the accused. On the other hand, the latter is resorted to as a method where the prosecution agrees to suggest a lighter sentence for specific charges in case the defendant pleads no contest or guilty. When should the Agreement be Made? As practiced in most jurisdictions, a plea bargaining can be initiated at any stage of the criminal justice process. But the defendants working with Sarasota dui usually find it ideal to negotiate a deal after the arrest or the filing of charges by the prosecution, or when the trial leads to a hung jury where the jurors cannot agree in one decision. Further, when the decision had already been laid down and the case is on appeal, the same action can be initiated by the defense given only that there is approval by the prosecution. Pleading No Contest In Lieu of a Guilty Plea This type of plea bargain usually results to the conviction of the accused, but generally, the consequence may still depend on the plea bargain agreement reached by the defense and prosecution and as approved by the judge. Nevertheless, if there is a civil case filed by the victim after the defendant pleaded, the plea cannot be used as evidence against the latter to mean as admission of guilt; hence, it is noted to be favorable for the defendants who are expecting a civil lawsuits from the aggrieved parties. Consequences of Plea on Criminal Record Although the defendant can avoid serving harsher penalties like long-period of incarceration, it is still inevitable that the no contest plea made would result to conviction which will be put on the criminal record. However, the defendant may also be allowed to expunge or seal the record depending on the type or degree of the offense or the circumstances involved in the case. Meanwhile, aside from the bad record, the defendant will also lose some rights or privileges including the right to vote after the trial. By noting these things before entering into or accepting a plea bargaining agreement, there would be less likelihood that you can make a wrong decision that might put you in a disadvantageous position. Serving the sentence of drunk driving conviction is not the end of burden as the aftermath can be more horrible especially when the person can hardly restore a good identity in the community or secure a good job due to the stigma attached to the criminal record. This is one major reason why expunging such after getting out of jail is the most common recourse among the defendants who care about how employers would evaluate their background when applying for a certain position. It is not a simple matter to accomplish though as there are rules specifying the types of crimes that can be expunged from the record or the duration to wait before the request for such can be granted. Hence, before expunging your criminal record, these are the essential facts to note first: What is all about Expungement? This is the process in which the record for arrest and conviction is sealed in favor of the person previously convicted of a crime. And notably, every state has laws allowing people to expunge arrest and convictions from the criminal record. That means that once the record has been sealed or expunged, it cannot be disclosed to certain people including the potential employers and landlords. Eligibility in Expunging Criminal Record Considering that the rules regarding the expungement vary in different states, it is thus necessary for the person requesting for such to investigate first the procedures being followed in particular jurisdiction, and that would certainly require assistance from a competent lawyer. Nevertheless, this can get started by checking the law enforcement agency or criminal court handling the criminal arrest or case. And the relevant questions that have to be clarified can include (1) offenses that are eligible for expungement, (2) date for the person to be eligible,(3) processes involved in expunging criminal record, and (4) consequences of expungement. Securing Certificate of Actual Innocence By getting this certificate, the person is greatly benefited considering that it can be used not only to seal previous record, but also to prove that a record has not existed at all. For instance, when certain charges are filed but later dropped, or the case is brought to trial yet the accused is not found guilty, the person can still obtain such certificate so as to establish that he is really innocent of the offense. Juvenile Offenses and Drug Crimes Persons who have been arrested and convicted for juvenile offenses or drug crimes may be benefited by the lenient rules followed for expungement of criminal record in many jurisdictions. Specifically, the juvenile offenders can have easier time in sealing or expunging the record given the option provided for by the state when reaching the legal age which is usually set at 18. On the other hand, the adult offenders convicted of drug crimes may go through diversion programs to secure eligibility for expungement of record upon completion. Given the foregoing, it is indeed the best option among those who were convicted of DUI or any other criminal offenses to request for the expungement of their record after serving the sentence. Unlike first time DUIs, the second time DUI offense contains harsher penalties or consequences especially when the arrested person commits drinking and driving within five years of the prior DUI conviction.
Basically, the individual may be charged with fines ranging from $1000 - $1500, five years license suspension if commits DUI within 5 years of the prior, ten days to nine months imprisonment, thirty days vehicle impoundment, one year probation and ignition interlock device installed approximately one year depending on the breath test result. No matter what the situation is, being pulled over because of an obvious traffic infraction could lead you behind bars if you are found guilty of DUI.
When you are suspected to be driving under the influence, being pulled over and withheld for DUI tests is definitely your last chance to enjoy a normal life. Because once you are convicted with DUI, even if it's first time, there is a possibility that you get imprisoned for at least six months. The consequence may vary depending on the BAC or blood alcohol concentration or whether you committed DUI manslaughter and have a minor in the car during the incident. Admitting the criminal charges as being true is one option for the drunk driving offenders or any other people involved in felonious acts, but that does not directly mean beneficial on their part as contrasted to the benefits if the matter is fought for and won in court trial. It can therefore lead to the consequences which might have not been expected by the accused as when the proposed sentence of the prosecutor during the plea bargaining is not followed or made higher by the judge. That possibility is certainly undesirable for the defendant who may be having no other alternative than suffer the sentence and regret the fact that he could have lowered it down if only he did not give up his rights to have a fair trial. Hence, to avoid being in this situation, these are some processes and consequences you should know before pleading guilty for a criminal offense:
Getting confused about the legal matters to go through as part of the settlement process for driving under the influence offense is not uncommon among many offenders who have no idea of how everything will take place after arrest. And because of that, they often find it wise to hire a defense attorney immediately to be properly guided and know the alternatives to avoid the possible consequences or the probability of winning the case if the prosecutor does not withdraw the charge. It happens when the evidences for proving the guilt are strong to be simply denied or refuted unless there were violations committed in the procedures; and thus, there is no other better recourse for the offender than to accept the plea bargain or defend oneself in court. But if you are a defendant, it is not only the thing you should know given that these questions can better clarify whatever confusion you have in mind:
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