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Lexington DWI Lawyers

1. Perlman, Pamela: Individuals charged with federal crimes face potentially severe consequences, including steep fines and incarceration. Pamela Perlman has extensive experience with the federal court system and has been approved under the Criminal Justice Act to represent defendants in federal criminal cases. Whether you face such drug-related charges as manufacturing, selling or conspiracy related to methamphetamine, oxycodone, cocaine or marijuana, Pamela Perlman can help. In addition, she handles cases involving gun or weapons charges, illegal residency in the United States, robberies, and white collar crimes such as fraud, embezzlement and counterfeiting.
2. Varellas & Varrellas: If you have been charged with a criminal or traffic offense, you need a skilled Kentucky criminal defense attorney as soon as possible to help with your defense and to guide you through the system.
3. Lexington: JR Welch: Have you been charged with a crime? The law can seem complex and frustrating, but it doesn't have to be.
4. Lexington: Catherine Monzingo:

   BASIC TERMS IN CRIMINAL CASES

   Arraignment - A defendant's first appearance in Court. The arraignment may be in person or over video, if the defendant is in jail. At the arraignment, the judge informs the defendant of the charges against him/her, informs the defendant of his/her trial rights and asks the defendant how he/she wishes to plea to the charges. 

   Discovery - Generally, evidence that the Commonwealth intends to use to establish guilt. Depending on the charge, discovery can include the following: police reports, witness statements, photographs, blood tests, ballistic reports, autopsy reports, allegedly stolen property.

   Felony - A crime that is punishable by a year or more in prison.

   Misdemeanor - A crime that is punishable by twelve months or less in jail.

   Plea offer - An offer of a recommended sentence in exchange for a guilty plea.

   Preliminary hearing - A hearing at which the Court listens to testimony to determine if there is probable cause for a defendant to be charged with a felony.

   Pretrial conference - A meeting of the prosecutor, defense attorney and accused at which the Court is informed that the case is going to trial or that the charges can be settled without a trial.

   Jury

        Grand Jury - A group of citizens who review the evidence against an individual and who decide whether the individual ought to be charged with a crime.  

        Trial Jury - A group of citizens who decide whether the defendant is guilty of the charges against him/her after hearing testimony and seeing evidence from both the prosecution and the defense.

   Motion - A formal request to the Court to do something. For example, a motion to exclude evidence.

   Rights

        Trial rights - An individual charged with a crime has certain trial rights: 1) the right to a speedy and public jury trial, 2) the right to know the charges against him/her, 3) the right not to testify against oneself, 4) the right to cross-examine witnesses called against him/her, 5) the right to compel witnesses and produce evidence on his/her behalf, 6) the right to an attorney, 7) the right to an appointed attorney if the he/she cannot afford an attorney, and 8) the right to have the Commonwealth prove guilt beyond a reasonable doubt.

        Miranda warning - Individuals who are accused of or suspected of committing of a crime do not have to talk to the police. Anything that the accused says can be used against him/her. The individual has a right to consult with an attorney before giving a statement and a right to have that attorney present during the questioning. If the individual cannot afford to hire an attorney, the individual can ask a judge for a public defender to represent him/her before answering questions.

   Trial

        Bench trial - A trial in which the judge decides if the defendant is guilty.

        Jury trial - A trial in which a jury decides if the defendant is guilty.

   Violation - A crime that is punishable by a fine only.

5. Lexington: Adele Brown: If youre facing criminal charges - DUI, drug possession, or even a sexual offense - you need an attorney who can put forward the most effective defense possible. You need someone who will hear your side of the story, who can find and present the facts that dont show up in the police report. You need a criminal attorney whos hardworking, understanding, experienced, and tough as nails in the courtroom.
6. Lexington: Robert Ristaneo: You should consult an attorney for individual advice regarding your own situation.
7. Isaacs, Steve: There is an inequality of power and material resources in the criminal justice system. The government has a large staff of lawyers, police and agents, sophisticated crime labs and experts, and a huge budget provided by the taxpayers. This gives them a tremendous advantage because the legal system is based on the premise that "the whole truth" is that presented at the trial. If a defendant cannot challenge the government's case, or submit his or her own witnesses, then the jury by default will probably accept as true whatever evidence the prosecutor produces. Common Mistakes Police Officers Make In DUI Arrests Police Officers frequently make mistakes when they investigate and arrest a driver for driving under the influence in Kentucky. Many of these mistakes include, but are not limited to the following: 1. Assuming that "witnessed" driving behavior (i.e.: weaving, cell phone use, distraction) is related to alcohol consumption. 2. Observing driver behavior from a distance and attributing the behavior to the driver and not to the road conditions (i.e.: swerving to avoid potholes or animals in the roadway) 3. Assuming that the odor of alcohol means a person consumed alcohol and is intoxicated, when in fact the odor may be due to other causes (i.e.: mouthwash, denture solutions, alcoholic drink which was spilled on the driver's clothes, etc.) 4. Failing to investigate a driverÕs potential medical problems which could imitate intoxication (such as diabetes, knee / ankle / leg / foot problems, inner ear disturbance, etc.). 5. Requesting all people submit to Standard Field Sobriety Tests (SFST), regardless of whether the person is physically unable to pass the exercises even while totally sober. 6. Failing to eliminate distractions and obstacles during the SFST which invalidate the test (i.e.: loose gravel, unlevel surfaces, wind blowing, darkness, strobe lights, moving traffic, etc.) 7. Failing to properly instruct the driver during the instructional phase of the SFST's. 8. Failing to properly instruct the driver during the administration of the SFST's. 9. Failing to properly follow the sequence of the SFST as described in the National Highway Traffic Safety Administration (NHTSA) Manual or the Kentucky Department of Justice Center for Training (KDOJCT) Manual. 10. Administering invalid field sobriety ÒtestsÓ which are not supported by research studies. 11. Failing to properly administer the Portable Breath Test (PBT), causing a false positive result (i.e.: not following the law and waiting 20 minutes before administering the test) to support a probable cause for arrest. (Note: PBT results are not admissible in Kentucky courts.) 12. Not having the Intoxilizer 5000EN breath test within 2 hours of cessation of the vehicle operation. The above list of police officer mistakes is only a partial list of mistakes made by officers. It applies to Kentucky DUI / DWI arrests. If any of the above mistakes exist in a Driving Under the Influence matter, then a good defense may exist to the DUI / DWI charges.
8. Lexington-Adele Brown: being charged with a crime is an overwhelming experience
9. Lexington-Louis Rom: You should consult an attorney for individual advice regarding your own situation.