The National Trial Lawyers AIOCLA 2015 10 Best NAFDD 2nd Consecutive Year DUI Attorney


Monthly Archives: October 2013

Question: ”I was a victim of a case of battery. I was punched in the face, and as a result I was diagnosed with a broken cheekbone, a broken nose, and my prescription glasses were ruined. A sheriff’s deputy took my statement and gave me a case number. The man has not been arrested. What happens next? How soon until I know if the DA will prosecute?”

Answer: You can call law enforcement directly to follow up. There may have been developments that you are unaware of, as once a case is moving forward, unless you specifically request to be kept updated with developments, you may not be contacted much, unless it’s for the purpose of preparing a supplemental report, you are needed in court to testify or you are being asked in you’re in agreement with a disposition.

Question: ”I was reading all of the terms and conditions that was granted and on number 20, it read: term 20) term #20 is stricken by court. What does that mean?”

Answer: It means that when the terms and conditions of probation were imposed at your sentencing, #20 is not one of the terms imposed, even if it had been imposed previously, or recommended in a probation report. If you were placed on formal probation and want confirmation, discuss this issue with your probation officer.

Question: ”I was recently pulled over, blew 0.18%, and released the next day. I am about to get hired for a new job next week. How long does it take for a DUI to show on your record/background check? Will it show up right away, or after you go to court?”

Answer: The DUI will not be visible as a conviction on your record, as you have not suffered a conviction. With respect to an open case, it is very unlikely that the district attorney has even received a report to review for filing yet. However, depending on the scope of the background check, if there in one pending, the may be visible already. Consult with an experienced DUI defense attorney, as proceeding with a public defender will not help you in dealing with your driver license issues. Remember, with respect to setting a DMV hearing, time is of the essence, and it must be requested within 10 days of your arrest.

Question: ”I am 19 years old, and was recently ticketed with a misdemeanor MIP (Minor in Possession) in a vehicle. I didn’t know that my 21 year old friend left a beer in my truck.”

Answer: You may not have had the can in your hand, but that need not be proven. Nonetheless, you may still have options and defenses available. Consult with local, experienced counsel who have handled these types of cases before, as they will be in the best position to explain their previous experiences with you and let you know what to expect, as well as what they may be able to do to assist you in preparing and presenting your defense.