DUI DEFENSE DUI DEFENSE
A DUI arrest can create two separate problems: the criminal case and the driver license consequences. Deadlines and early decisions can matter, especially when a person faces suspension, refusal allegations, or prior DUI history.
The firm reviews the traffic stop, field sobriety exercises, breath or urine testing, officer observations, video evidence, and whether the State can prove impairment beyond a reasonable doubt.
DUI ISSUES REVIEWED DUI ISSUES REVIEWED
Common issues include the legality of the stop, probable cause for arrest, breath test reliability, refusal allegations, accident-related DUI, license suspension, and whether evidence should be challenged before trial.
AREAS SERVED AREAS SERVED
DUI representation is available in Collier County, Lee County, Hendry County, and Miami-Dade County.
PROBABLE CAUSE PROBABLE CAUSE
Police cannot legally arrest someone based on a guess or suspicion alone. Officers must have enough facts to reasonably believe a crime was committed and that a particular person was involved.
Whether police had enough information to make an arrest or search is often one of the first issues reviewed in a criminal defense case.
DO POLICE HAVE TO READ MIRANDA RIGHTS? DO POLICE HAVE TO READ MIRANDA RIGHTS?
No. Police do not have to read Miranda rights every time they stop someone or every time they make an arrest. Miranda usually applies when a person is in custody and police are questioning the person about a crime.
A person can make damaging statements before Miranda warnings are ever read. Do not assume that a statement is safe just because rights were not read first.
SHOULD I EXPLAIN MY SIDE TO POLICE? SHOULD I EXPLAIN MY SIDE TO POLICE?
Many people believe that if they are innocent, they can simply explain what happened and clear things up. In reality, that is often a mistake.
Police officers collect evidence for criminal prosecutions. If you make statements that help the prosecution, those statements can and will be used against you. They will not be used to help you.
If you tell an officer an alibi or explanation, your defense lawyer may not be able to use your own out-of-court statement later to prove you were innocent. But the prosecutor may use the statement to challenge you if any detail appears wrong or changes later.
Be polite and clear. Say: I am exercising my right to remain silent. Say: I want a lawyer. Then stop talking.
GETTING OUT OF JAIL AFTER AN ARREST GETTING OUT OF JAIL AFTER AN ARREST
In many cases, a person can get out of jail while the case is pending. After an arrest, a judge usually reviews the case and decides whether release is allowed and what conditions apply.
The court may consider the charge, prior record, employment, family ties, ties to the community, and whether the person is likely to return to court.
CAN BOND BE REDUCED? CAN BOND BE REDUCED?
Yes. In some cases, a judge may lower the bond amount or change release conditions. The court may look at employment, family support, financial resources, criminal history, and the facts of the case.
A bond reduction request is often important because getting out of jail can help a person keep working, help family, and assist in preparing the defense.