Delaware DUI Lawyers
- Saia & Piatt:
many times arrests are made on the basis of improperly administered Standardized Field Sobriety Tests (SFST's) which can result in a conviction even though that person may not have been legally impaired. In other cases, testing equipment may not have been operating properly.
Field sobriety tests must be administered in compliance with National Highway Traffic Safety Administration (NHTSA) procedures or they cannot be considered by the court in rendering a decision as to whether or not a drunk driving arrest was justified. Results of breath, blood or urine alcohol tests can be excluded from evidence at trial if mandatory administrative procedures were not followed.
- Mills, Luther:
Criminal charges range from the very simple misdemeanor to a very serious felony. The felonies are generally serious enough to potentially result in prison time. The misdemeanors generally will not result in much jail time if itÕs a first offense. Multiple offenses can become more serious and will make spending sometime in a county jail more probable.
What are the possible penalties for misdemeanors?
A misdemeanor ranges from a small fine of $150.00 to spending substantial time in jail, up to six months, plus a sizeable fine depending on the case, the facts of the case, and whether itÕs a first offense or not. Generally speaking in most cases you would not expect to spend time in jail for a first offense. Misdemeanors are labeled misdemeanor 1 that is an M-1 which is the most serious. That would be drunk driving or theft or things of that sort. Then decrease to an M-2, M-3, M-4 or MM. For a Minor Misdemeanor there is no jail time. Felonies, on the other hand are labeled F-1, F-2, F-3, F-4 and F-5. The lower the number, that is a felony 1, the most serious. The higher the number the less serious. A felony 1 will almost certainly result in some prison time. A felony 4 or felony 5 often will not result in prison time if itÕs a first time offense. Misdemeanors and felonies are resolved essentially in the same way, either by negotiation with the prosecutor to result in the fairest resolution or through a trial. Whether your case will resolve at negotiation or require a trial depends in large part on the facts of your case, the prosecutorÕs impression of the case and the judge of the case. But any criminal prosecution does not require you to have a lawyer, but you would be foolish not to have a lawyer. If you canÕt afford a lawyer and the charge could result in a jail sentence or a prison sentence, the county will give you or provide you with a lawyer.
- Clark & Boger:
* Felony theft and property crimes
* Felony non-support
* White collar crimes, such as embezzlement
* Menacing and assault ("assault and battery")
* Drug crimes such as possession of marijuana, sale of crack, or distribution of LSD or mushrooms
* OVI ("DUI") and DMV driver's license suspension hearings
* Traffic crimes such as reckless driving, hit skips (leaving the scene of an accident), falsification, driving without a license or under suspension, or drag racing
* Traffic violations and speeding tickets
- Long, Ross:
If you have been arrested, or if you are stopped by the police for questioning, remember that your lawyer is the person you should trust. Law enforcement investigators are specifically trained to get people who don't want to talk to them to open up and talk with them anyway. The U.S. Supreme Court allows police, federal agents and criminal investigators to trick, lie and deceive during the course of their investigations to get the information they want.
If you are being investigated for a federal crime or other serious charge, do not answer any questions the officers, detectives or federal agents ask. You should politely, but firmly, tell them that you will need to retain an experienced Delaware Ohio Criminal Lawyer before you can speak with them. Do not answer their questions. This cannot be stressed enough.You have the right to remain silent and the right to an attorney Š use those rights!
- Michael Hoague:
Maybe you never thought it would happen to you. Or, maybe you thought it would never happen again to you. Whatever the case, being charged with a DUI or OVI in Ohio is a serious matter that can result in significant penalties.
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