Duration : 1 min 18 sec

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In the state of Tennessee, a DUI conviction can never be expunged. It will be on your record for the rest of your life. Attorneys can fight your DUI conviction, so that it won’t appear on your record in the first place. No matter where you’re located, you can select a qualified dui defense attorney in your area. You need experience on your side. Don’t take any chances and hire someone who knows the law.

Duration : 26 sec

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Duration : 10 min 3 sec

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1. The lawyer must care about the result and the client’s well being:

This may seem obvious but it is important for lawyers to remember how important a case is to the person charged with a crime. Criminal charges can bring intense stress in all areas of a person’s life, including professional, financial and family life. This rule applies whether it is a simple DUI matter or a serious fraud or homicide allegation.

2. Get to know the client and his or her life situation and background:

I cannot tell you the number of times that the unique facts of a persons life, or stresses which they are under, strike a note of sympathy with judges when negotiating the outcome of a case, or at sentencing. More importantly these facts can make a big difference with a jury should a person accused with a crime chose to testify in his or her own defense.

3. Work quickly to try to get the person out of jail:

Needless to say, if a person is in jail and hires a criminal lawyer, they are expecting the lawyer to make every effort to gain their release from jail. There are several things that can be done by the criminal defense attorney to make this happen, including motions to set or reduce bail, motions for release on their own recognizance, or, in the case of a San Francisco criminal lawyer or San Francisco criminal defense attorney, a request for supervised release. For some people that own property, a motion to post real estate in lieu of cash is a good way to avoid paying a ten percent premium to a bail bondsman.

4. Consider the effects of a criminal case on a person’s profession, or future profession:

Many convictions can result in the loss of business or professional licenses. Any trade that requires a state license, including hairdressers, nurses, landscapers, and many others, will be in jeopardy if you face criminal charges. Knowing what you are able to accept as part of a plea bargain, or if you are able to plea bargain at all, is critical to making the right choice in your case. Any criminal defense attorney, whether a San Francisco criminal lawyer, Oakland lawyer, Hayward lawyer or other, should be aware of this.

5. Remember confidentiality:

It is important for a criminal lawyer to understand the privacy of the client. This is especially so when dealing with family members of the person charged with a crime. Family may mean well when asking questions, but unless the client authorizes the attorney to talk about it, anything said about the case should remain private and confidential.

6. Consider any immigration consequences:

Anyone who is not a citizen must be especially careful when facing criminal charges. Any conviction or even an admission without entry of a judgment, can result in deportation, exclusion from re-admission or denial of citizenship. This is unfortunately a highly misunderstood area of the law by many criminal lawyers. Understanding these rules is critical whether you are dealing with a San Francisco DUI attorney, San Francisco criminal lawyer, San Francisco criminal defense attorney, Oakland DUI lawyer, Hayward or any attorney from elsewhere in the country.

7. Communication with the client:

Part of why a person hires a criminal lawyer is to understand what is happening in the case as it goes along. A criminal defense attorney must talk about it with the client on a regular basis.

8. Investigation:

In most cases the client should allow the criminal defense attorney to hire an investigator to interview witnesses. If the police did it to gather evidence against you, why wouldn’t you want to do it in your own defense. It costs money but it would be “penny wise and pound foolish” to skimp on this part of your defense – that is, unless you agree with the police version of the facts.

9. Legal research and motions:

Any San Francisco criminal defense attorney must be sure to understand the “elements” of an offense, that is, what the prosecutor has to try to prove in order to get a conviction. Many times the prosecution cannot do it, but you wouldn’t know it unless you looked at the precise elements. Also many searches resulting in police finding drugs or other contraband are illegal and should be challenged by the criminal lawyer.

10. Negotiation:

The way in which a criminal defense attorney negotiates a case can make the difference in a good or bad result. Bear in mind that not all cases can or should resolve by negotiation. Sometimes your best option is to fight the case all the way to jury trial.

11. Trial

Only about five to ten percent of cases go all the way to jury trial. However for the case that we think we can win, jury trial is usually the best option. On the down side, it is more expensive. That is because it should take intensive preparation for the lawyer. It can be stressful and time consuming for you, the client. But when you win, you walk out the door with no conviction on your record. If the judge and prosecutor refuse to offer you a reasonable alternative, and if you have a workable case, jury trial can be the only smart option. Before a jury is where the true lawyer shines as an advocate. Too many a San Francisco criminal defense attorney and San Francisco DUI attorney has not done enough jury trials, fears going to trial, or has had no success before juries. This is true for attorneys in most locations. Trial should not be rushed into heedlessly. Some cases should not go to trial. But trial should always be an option that you discuss with your lawyer, and your lawyer should appear knowledgeable about the ups and downs of jury trial.

David Wise
articlesbase.com/law-articles/eleven-attributes-of-a-good-criminal-defense-attorney-90173.html

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Duration : 0:0:15

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1. I attended a fundraiser and had a few beers. They were the kind with lower alcohol that you get at grocery stores.

2. After the event I went to hang out with some folks I’d met at the event and had a few more beers(these ones were regular percentage).

3. I didn’t drink excessively and headed home after awhile. I’m estimating that if you include the fundraiser, I was out for 7-8 hours.

4. An officer pulled me over because my break lights were out. I handed him my license and registration.

5. He asks if I’ve had something to drink. It goes downhill from this point. I do well on the roadside tests but blow a .09(.08 is the limit). At this point I am confused because I know that I haven’t consumed over the legal limit and know that prior to the test the officer couldn’t have had very good reason to believe that my driving was impaired. I felt like I was being “pushed” towards DUI charges, if that makes any sense.

6. I opted for a blood test at a nearby hospital and was ticketed and placed in the custody of a friend rather than arrested.

7. My blood test results will come back in a few weeks to determine whether I was truly over the limit.

So my questions about this situation:

1. In situations such as this, what can an attorney realistically do for me? My friends have recommended good attorneys, but I’d like to survey more people to figure out what I can expect.

2. Has anyone else had success fighting this sort of thing?

3. Will the fact that I was ticketed rather than arrested weaken/affect my defense? It seems that nearly all methods of dismissing a DUI center around an actual arrest taking place.

AND PLEASE, NO LECTURING! I had misjudged how much I had to drink and think that individual factors I was not aware of lead to such a high reading. Almost every BAC calculator I’ve consulted says that I should have been below the legal limit.

If the blood test shows that you were NOT over the legal limit, then no problem. If the ticket was for a DUI, it will be dismissed. If the ticket was for the faulty brake-light, you’re still responsible.

If your blood test shows you WERE over the legal limit, then you will be prosecuted for DUI, which for a first-time offender might be a ticket or a fine, or could be a suspension of your license, but likely not jail time.

Blood alcohol levels are VERY individual. You really can’t trust a BAC calculator for that.

Now, you were out for 7-8 hours, but you don’t say the time frame from first drink to pull over. You had a few beers, and then a few more. As few denotes 3 or more, you had a minimum of six beers. Likely, you were over the limit.

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Duration : 0:1:4

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Duration : 0:2:39

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