DUI CRIMES

FREQUENTLY ASKED QUESTIONS:

1. QUESTION: WHAT SHOULD I DO IF I AM STOPPED FOR A DUI OFFENSE?

Answer: Try to remain calm. Provide your driver's license to the police officer. Respectfully decline to answer any questions by the officer other than identifying yourself. Respectfully decline to perform any roadside field sobriety tests. Respectfully decline to take any portable breathalyzer test. Respectfully decline to take any breathalyzer, blood, or urine tests. Immediately contact a qualified criminal defense attorney.

2. QUESTION: DO I HAVE THE RIGHT TO DECLINE TO ANSWER QUESTIONS BY THE POLICE?

Answer: Yes. All citizens are guaranteed the protection against self-incrimination.

3. QUESTION: DO I HAVE THE RIGHT TO REFUSE TO PERFORM FIELD SOBRIETY TESTS?

Answer: Yes.

4. QUESTION: DO I HAVE THE RIGHT TO REFUSE A BREATHALZER, BLOOD OR URINE TEST?

Answer: Yes. However, such a refusal may result in a suspension of your driver's license.

5. QUESTION: WHAT SHOULD I DO WHEN I AM RELEASED FROM THE POLICE STATION?

Answer: Immediately contact a qualified criminal defense attorney.

DRUG CRIMES

FREQUENTLY ASKED QUESTIONS:

1. QUESTION: WHAT SHOULD I DO IF I AM CONTACTED BY THE FBI, DEA, POLICE OR OTHER LAW ENFORCEMENT AGENCY INVESTIGATING A DRUG CRIME?

Answer: Respectfully decline to answer all questions without the presence of an attorney. Immediately contact a qualified criminal defense attorney.

2. QUESTION: WHAT SHOULD I DO IF I AM ARRESTED ON A DRUG CHARGE?

Answer: Make no statements. Do not admit or deny the allegations. Immediately request permission to contact a lawyer.

3. QUESTION: IF I AM ARRESTED ON A DRUG CHARGE, SHOULD I IMMEDIATELY COOPERATE WITH LAW ENFORCEMENT TO HELP MYSELF?

Answer: No. Before doing anything, immediately contact a qualified criminal defense attorney.

4. QUESTON: AFTER I AM ARRESTED ON A DRUG CHARGE, WHAT HAPPENS NEXT?

Answer: You will have an initial appearance in court. At that time, the court can set a bond or order temporary detention until a future hearing is held to determine if you are released.

5. QUESTION: IF I AM DETAINED, SHOULD I SPEAK WITH PRE-TRIAL SERVICES AND TAKE A DRUG TEST?

Answer: No. You should make no statements and take no tests without first consulting a qualified criminal defense attorney.

6. QUESTION: IF I AM GRANTED A BOND, WHAT ARE THE DIFFERENT KINDS OF BONDS?

Answer: Generally speaking, There are three different types of bonds. The first is a personal bond which will cost no money and requires only a signature of the accused. The second is a ten percent bond where you will post 10% of the total bail amount with the court. If the accused makes all court appearances, this money is refunded in part or in full. The third type of bond is a surety bond where you will need to retain a bondsman. Generally, you will pay the bondsman 10% of the total bail amount. However, you will not get a refund of this money.

7. QUESTION: AFTER THE BOND AND/OR DETENTION HEARING, WHAT HAPPENS NEXT?

Answer: An arraignment is usually held. An arraignment is not the Trial of the case. At an arraignment, an accused is formally advised of the charge(s). An accused has the opportunity to enter a plea. Generally speaking, there are three pleas available: Not Guilty, Guilty or No Contest. The pleas of Not Guilty and Guilty are self explanatory. A plea of No Contest is not an admission of guilt, but rather it is an admission of the facts alleged in the complaint and may result in a finding of guilt by the court. Lastly, if not already done, a judge will be assigned to the case and bond will be set.

8. QUESTION: WHAT ARE THE POSSIBLE DIRECTIONS A DRUG CASE COULD GO?

Answer: Generally speaking, there are four possible directions. First, the charges could be dismissed by the prosecution, if the case lacks merit. Second, a plea agreement between the prosecution and the defense could be reached. Third, the case could be tried before a jury. Lastly, the case could be tried before a judge without a jury. This is commonly called a bench trial. Generally speaking, the defense gets to elect a jury or a bench trial. However, in federal court, the defense must obtain the consent of the government and the court to elect a bench trial. A qualified criminal defense attorney should be able to properly advise you on the best course of action.