DUI stands for Driving Under the Influence and this can mean drugs or alcohol. If you are pulled over for this offense and cannot pass a test of exams, which are called sobriety tests and does not pass a breathalyzer then you will most likely be arrested. The breathalyzer test shows just how much alcohol is in your bloodstream and if it is over the legal limit, you are considered DUI. When this happens, you will need to get in touch with a DUI lawyer in North Salt Lake.
When you first meet with your DUI Accident lawyer in North Salt Lake, they will explain all of the possible scenarios with you if you are convicted of DUI, which can include:
• Revoked or suspended driving license up to twelve months or lifetime suspension if they have repeated offenses
• A set number of hours doing community service
• Court ordered alcohol rehabilitation if you have many convictions.
The scenario can be one or more of these possibilities. If they are an experienced DUI Criminal Defense lawyer in North Salt Lake, they will challenge the arrest. They will try to convince the Court to reduce the sentence or lower the charges. Many times the lawyer will dispute if the police officer was within their constitutional rights to stop their client’s vehicle. The DUI Attorney in North Salt Lakecan give their client details on what sentence they can expect if this their first DUI charge or if this is just one of many DUI arrests.
When they go to Court, there are generally several hearings. It will start with a hearing at the Department of Motor Vehicles and the last hearing in the State or County court.
It can be overwhelming to choose a good DUI lawyer in North Salt Lake, especially if this is your first offense. You could look for one on the internet or the phone book but the best way is to ask someone that you know who has been in this same situation. When trying to decide which DUI lawyer to hire consider their experience and fees because some will charge by the hour while others charge a flat fee.
DUI Criminal Defense Attorney in North Salt Lake
The most common question I run into as a Washington State Criminal Defense Attorney is, "How can you defend criminals?" This question is generally based on two assumptions: 1. the Defendant is obviously guilty; and 2. by defending him or her, you are trying to let this obviously guilty person get away with their crime. As you will see, these assumptions turn out to be incorrect.Arrest Does Not Equal GuiltIt's tempting to think that a Defendant must be guilty because the police arrested him or her for something. However, the law has a much different standard for judging when an arrest is valid versus when a conviction is called for.A valid arrest requires Probable Cause. This term gets defined in different ways but generally exists when the facts and circumstances known to the arresting officer are sufficiently trustworthy to cause a reasonable person to believe that an offense has been committed. If you think about that definition for awhile, it becomes apparent that it's actually a very low standard; and it should be.The rule is designed to make sure that there is some evidence before an arrest is made but balance the requirements for how strong that evidence is with the speed of decision required to catch criminals.Here's an example: A woman tells the police that a man stole her purse. The police ask the man and he denies knowing anything about the purse. Finally, the purse cannot be located. Under Probable Cause, there would be enough to justify arresting the man since the woman said he stole her purse. Do we know whether or not he did it? No. Should we let the Court System determine whether or not the man is guilty? Of course!Knowing that an arrest simply starts the Court Process, Officers often err on the side of making an arrest in a close call; as they should. Even the instructions read to Jurors emphasize the point, stating that the fact the Defendant was arrested has no bearing on whether or not he or she is guilty of the crime charged.Beyond A Reasonable DoubtWe've all heard it on TV but the standard in a criminal case is "Beyond a Reasonable Doubt." But what does that mean? The term "reasonable doubt" can be defined differently but is generally:One for which a reason exists and may arise from the evidence or lack of evidence. It is such a doubt as would exist in the mind of a reasonable person after fully, fairly, and carefully considering all of the evidence or lack of evidence.If we required a police officer to be convinced Beyond a Reasonable Doubt before they could even arrest someone, all of the "bad guys" would get away before the officer even concluded his investigation.What do you do if someone is guilty?If someone is guilty then there is nothing an Attorney can do about it. Keep in mind thatA jury is made up of regular people. No matter how skilled the attorney is, if the defendant is obviously guilty the jury will convict. In this case, the attorney's job has two parts: discovering which charges the defendant is actually guilty of and making sure the sentence is rational.Over ChargedPeople are often over charged, i.e. accused of more than the State can prove. An example of this is where someone is accused of Driving Under the Influence (DUI) and Reckless Driving. Very few cases of DUI also meet the standards required for Reckless Driving. In this case, if the Defendant is guilty of DUI but not reckless, a good Criminal Defense Attorney should be able to get the Reckless Driving charge thrown out even though the Defendant is ultimately convicted of DUI.Rational SentencingOnce a Defendant is found guilty, the Court's next job is to impose sentence. The Attorney's job becomes making sure that the sentence is appropriate for the crime charged and the Defendant's criminal history. As a general rule, the more criminal convictions someone has, the more harshly they will be sentenced on any new charges. Sometimes, however, the prosecution will seek to punish someone with little or no history the same as they would a career felon. By sentencing first time offenders and career criminals the same, we do not reward those people who have lived basically good lives nor punish hard enough those who choose a life of crime.What do you do if the State cannot prove the charge?There are two major categories of cases where the Prosecution fails to prove their case, either at the outset or at trial.At the OutsetThere are often times when the Prosecution simply does not have any evidence that a Defendant is guilty of a crime. In this case, you can file a Motion to Dismiss and ask that a Judge review the evidence to see if a dismissal is required. This motion can require that witnesses appear and give testimony or it can be based on the police reports themselves.At TrialIf the Prosecution has evidence that someone is guilty, that is not the end of the matter. How strong is that evidence? Are the witnesses believable? Do they have a grudge against the Defendant? The heart of our judicial system is the Jury Trial. A trial is literally the first time when anyone hears ALL of the evidence. Trials can be stressful but in a close case they can be a life saver.Technicalities and The LawI often hear people say that a Defendant got off due to some technicality. There are no "technicalities" in Law, there is only The Law. Should it apply to everyone or should we allow the government to be immune from following the law? If the police violate the law, then the remedy can range from suppressing evidence to throwing out the case entirely.The Court System is our best attempt at creating a process that is fair. Like any system, however, it is only as good as the people who work within it. Defending people accused of crimes is not about "helping them get away with it," rather it is about ensuring that everyone is treated fairly. At The Cahoon Law Office, we still focus on one client at a time and ensure that all legal defenses and rights for our clients are used and protected.Copyright (c) 2007 - The Cahoon Law Office - All Rights Reserved.
DUI Accident Lawyer North Salt Lake
If you have asked yourself whether you ought to work with a criminal defense attorney, the answer is most certainly "yes." Criminal defense lawyers have the ability to affect the result of a criminal examination or trial. Your criminal defense attorney will make sure that your rights are protected throughout the police investigation, will browse the criminal justice system after charges have been submitted, and will challenge the government's case against you at trial.AFTER CHARGES ARE FILEDYou may not realize you need an attorney until you are issued a citation or served with a warrant. Law enforcement officers may conclude their investigation without ever making contact with you. Even if you were contacted by law enforcement, the officers may not have informed you of their intent to file charges. For these reasons, lawyers are generally retained after criminal charges have already been filed.If you receive notice that felony or misdemeanor charges are pending against you, you should immediately contact a criminal defense attorney. Criminal charges have the potential to change the course of your life. Utah felony charges are punishable with imprisonment for zero years to life and with a fine of up to $10,000.00. Utah misdemeanor charges are punishable with imprisonment for up to one year and a fine of up to $2,500.00. Your criminal defense attorney will play an invaluable role in obtaining a favorable plea deal or obtaining a not guilty verdict at trial.Your defense lawyer's work begins as soon as he is hired. In some cases, you may be arrested and required to post bail or remain in custody. At the time of arrest, the arresting officer is required to read you a statement of your rights. You have a right to an attorney, and your attorney should be present for all questioning that occurs while you are in custody. Your attorney can also assist you in reducing your bail or securing your release through a pretrial supervision agency.After you have been released from jail and made your first appearance in court, your attorney will obtain discovery and evaluate the evidence to determine your options. Your attorney will attend pretrial conferences, where he will negotiate with the prosecutor to secure a dismissal or reduced charges. If a plea agreement is not reached, your attorney will file relevant pretrial motions and prepare your case for trial.BEFORE CHARGES ARE FILEDLaw enforcement officers frequently contact suspects before charges are filed, in hopes of obtaining a confession or other information to aid in their investigation.DO NOT SPEAK TO THE POLICE. You have no obligation to assist in criminal investigations. You have the right to remain silent and to have an attorney present during questioning. It is important that you are aware of your rights, because investigating officers are not required to inform you of your right to counsel during the investigation stage. You will not be informed of your constitutional rights unless you are placed under arrest and taken into custody. In fact, police officers often mislead suspects into believing that an attorney is not necessary during "routine questioning."If you have been contacted by the police, you should immediately retain a criminal defense attorney to communicate with the police on your behalf. Your attorney will ensure that you do not provide the police with any statements or evidence that may later be used against you. Your attorney will also work to investigate and preserve evidence that is favorable to your case. If favorable evidence exists, your attorney will use that evidence to persuade prosecutors not to file charges against you.TRUST YOUR INSTINCTSThere may be other signs that you are the subject of a criminal investigation. If you have engaged in criminal activity, and your co-conspirator begins to exhibit unusual behavior, he may be working with the police. If you find your boss seated at your computer or going through your files, he may suspect wrongdoing. Trust your instincts. If something feels wrong it usually is.Most criminal defense attorneys have a policy against consulting with people who are planning to commit a future crime. However, your criminal defense attorney can advise you on the likely consequences of prior criminal activity. Your attorney can also communicate with police agencies to determine the status of the criminal investigation and to assist you in reducing or avoiding criminal charges.If you are faced with criminal charges, it is never too early to seek the advice of a criminal defense attorney.
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