Q: I Was Arrested and Then Released by The Police Officer That Night—When Will I Have a Court Date?
There is no set date. How long it will take to formally charge you varies from court to court. Please keep your eyes on your incoming mail as that is how you will be notified about your first court date. Your lawyer will also keep track of that for you.
Q: When Should I Hire a Criminal Defense Lawyer?
Right away. While you may not have a court date scheduled, you will. Memories can fade over time, which is why you want to meet with a lawyer who will know what to ask you about while it is still fresh in your mind.
Q: Can I Get a DUI Even Though I Blew Under The 0.08 Legal Limit?
Yes. There are two ways under the DUI law that you can be found guilty of a DUI. The first is driving with a blood alcohol content of 0.08% or higher. The second is driving while under the influence of alcohol. In the second situation, the question is whether you consumed alcohol, and have been appreciable affected by the alcohol you consumed. This can be proven by other things such as your driving, the field sobriety tests, and how you appeared to the officer.
Q: The Breath Test Result in My Dui Was Over the Legal Limit Of 0.08%—Is There Any Defense?
Yes. Regardless of the results of the breath test in your case, there is always a defense to your DUI case or any case. That is why you hire a lawyer. A lawyer will know how to help you with the defenses that are available in your case. Experienced DUI lawyers understand how the breath test machines work, and know how to challenge the results and the admissibility of the tests.
Q: I Was Charged with an Assault 4 and I Am Confident the Victim Will Not Want to Press Charges Anymore. Does That Mean the Case Will Be Dismissed?
No. Prosecutors can still charge you with an Assault 4 even if the alleged victim in the case does not want to press charges or testify against you. This will be up to the prosecutor who is handling your case.
Q: What If I Live with The Alleged Victim of Assault 4 DV—Do I Have to Move?
Yes. At your first court appearance the prosecutor will ask the judge to issue a no contact order. This means that you will not be able to stay at that residence while the order is in place. The judge will allow you to gather your belongings from the residence with the assistance of a law enforcement officer who is known as a civil standby.
Q: What Happens If I Am Convicted of An Assault 4 DV Charge, and My Job Requires Me to Carry a Firearm—What Happens Then?
Unfortunately, if you are convicted you will lose your rights to carry a firearm, and then you would most likely lose that job. You may be eligible to have your gun rights reinstated, but not right away.
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