Robert Gallo:
What happens if I am arrested?
If you are arrested for breaking a criminal law, the case is taken
before a magistrate who may issue a warrant if necessary and set bond
for appearance in court. If the defendant cannot post the bond he may
be incarcerated pending appearance in court. If bond is posted, he will
remain free pending appearance at an arraignment. An arraignment
usually occurs within 24 hours of the arrest or the first date
available if on a weekend or holiday. The arraignment is held before a
judge of the courts. During the arraignment the defendant is formally
told what offense he is charged with, told their constitutional rights,
and of the possible penalties. The defendant will enter a plea of
guilty or not guilty, bond may be reviewed, and a date for the next
hearing will be scheduled.
Can they use force to arrest me?
A police officer may use as much force as is necessary to arrest you.
Unreasonable force is assault. After arrest, a police officer may
handcuff you if you attempt to escape or the officer considers it
necessary to prevent you from escaping. If you claim that force was
used to arrest you, a judge will decide whether or not the force used
was reasonable in the circumstances.
Am I entitled to a jury trial?
The level of infraction or crime charged will determine whether your
case will be tried before a judge or a jury. In some cases the
jurisdicrion in which you are being tried will determine whether you
will face a bench trial or a jury trial. In many instances you have the
right to waive the requirement of a jury trial and allow the judge to
decide your guilt or innocence. Strategy regarding the type of trial
you will receive requires careful consideration and the infomed counsel
of an experinced defense attorney.
Can I be arrested for questioning?
No. Police can request you to accompany them to a police station for
questioning but you are not required to go unless you have been
arrested for an offence. It is not advisable to speak with the police
until you have first spoken with your attorney. You should ask for a
lawyer or independent witness to be present during questioning.
What is DUI?
DUI is shorthand for Driving Under the Influence. A person is guilty of
DUI if he or she drives or is in actual physical control of a motor
vehicle and is under the influence of alcoholic beverages or any
chemical or controlled substance to the extent that his or her mental
faculties are impaired or when his or her blood alcohol level (BAC) is
above the legal limit for the state.
Is there anyway to avoid a DUI?
It sounds simple, but don’t drink and drive. Take a taxi, designate a
driver, walk, call a friend, but no matter what, do not drink and
drive.
Can I still be in trouble for driving, even if my BAC is below the legal limit?
Yes.
It is also unlawful to drive with your normal faculties impaired.
Normal faculties are those faculties of a person, such as the ability
to walk, talk, judge distances, drive an automobile, make judgments,
act in emergencies, etc.
Does the car have to be moving for me to be guilty of DUI?
No. You can be arrested for DUI by driving while over the legal BAC in
your state or while impaired. But, you need not actually operate the
car in order to be arrested. You can still be found guilty if you had
the capability and power to dominate, direct, or regulate the vehicle,
regardless of whether you were exercising that capability or power at
the time of the arrest. In other words, simply sitting behind the wheel
with the keys in the ignition can lead to your arrest for DUI by being
in actual physical control of the car.