For those accused of DWI or DUI in the state of Minnesota, adequate and knowledgeable legal representation is a must. Laws governing traffic infractions that involve alcohol have become progressively more harsh over the past several decades, making for stiff fines and penalties should one be convicted of the crime. Having the right legal representation can be the difference between a happy outcome on the one hand, or many thousands of dollar in fines and expenses on the other.
A drunk driving conviction can have serious repercussions regarding your automobile insurance, permanent record, bank account, future employment opportunities, and other aspects of your life. Challenging your case in court makes a lot of sense when weighed against the option of simply pleading no contest. The outcome depends on a variety of factors, such as the presiding judge, the arresting officer, intoxication level, the circumstances of the arrest, as well as other considerations.
A competent and respected attorney will help you case greatly. In most situations, representing yourself is not the best option. For one thing, a deep and thorough understanding of state and local laws regarding DUI, as well as an intimate knowledge of courtroom tactics are integral to lessening or even completely avoiding punishment. With competent representation, you may be able to hold on to your license even in the event of a conviction.
For most states, including Minnesota, a person is typically charged with DUI when their blood alcohol content at or above .08%. However, one may be charged with DWI even if their blood alcohol level is below this threshold, dependent upon the circumstances at the time of the arrest. One special difference between Minnesota and most other states is that you have the right to speak with an attorney prior to taking a breathalyser or blood test. If you don't have one on call, the police must furnish you with a phone book so you can contact one. A first time offense in Minnesota carries a fine up to $3,000, 90 days in jail, potential loss of license, educational classes, and more. A second conviction within 10 years is considered a gross misdemeanor, and can carry significantly harsher penalties.
Aggressive legal representation is important in defending your rights in court. In many cases, the punishment can be argued down to a fraction of what you would have originally gotten by representing yourself. Judges can be surprisingly flexible in this respect. Presenting your case in the right way is a key component.
More often than one might assume, police ineptitude and negligence, such as mishandling evidence, violating the defendants rights, and wrongful treatment can be used to nullify the charges and have the case thrown out entirely. Many simply accept that they are at fault and that the only option is to pay up and accept the conviction. There are situations where this is true, but they are rare. Adequate, comprehensive, and aggressive legal representation can be worth many times its cost in saving you headache as well as money.
Anyone accused of driving while intoxicated has absolutely nothing to lose in seeking out professional help. You will want an attorney that has a proven track record, reliably delivering consistent results for their clients. A DWI is a mark on a person's record that nobody wants. Doing your research and hiring an experienced legal professional can save much inconvenience and aggravation in the long run.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Federal Criminal Defense Lawyer
It's a devastating blow when you or a loved one has been convicted of a crime, whether a misdemeanor or a felony. If you live in Indiana - whether in South Bend, Crown Point, Indianapolis, Valparaiso, or another city or town - you should know that a good criminal defense lawyer can help you in terms of appeals, probation, and sentence modification.
Appeals
If you are convicted of a crime, an experienced attorney can review the charges and trial to determine if there is cause for appeal. For example, there may have been mistakes made in the charges brought against you, or there may have been improprieties during the trial itself. Perhaps there was an exclusion of exculpatory evidence or testimony, or maybe the trial court made a mistake in its decision to join defendants. Perhaps the evidence didn't support a severe charge and conviction, and you should have been tried on a reduced charge and received a lighter conviction.
Appeals can also be made and won based on issues surrounding sentencing. Perhaps a sentence was imposed that was an abuse of the trial court's discretion, or a prior conviction was inappropriately used to justify a harsher sentence.
A good criminal defense attorney is especially important if a conviction on a misdemeanor charge would mean the revocation of a professional license. A successful appeal could mean the difference between maintaining your livelihood and having to start your life over again in a new profession.
Probation Violations
You can experience severe consequences if you are arrested while on probation or if you have violated your probation after conviction and a suspended sentence. An experienced lawyer can present your case in the best possible light in order to avoid the harshest penalties. Given that local jurisdictions can have tremendous leeway in how probation violations are treated, it's important to engage a lawyer who has knowledge of the procedures in each Indiana county. This is particularly crucial if you have been charged with a new crime while on probation, as a conviction means that you would have to serve consecutive sentences for the suspended portion of your original sentence and the sentence for your new conviction.
Sentence Modification
If you've been convicted of a crime, an experienced criminal defense lawyer can often successfully file an appeal with the Indiana State Court of Appeals in order to obtain a sentence modification, verdict reversal, or an order for a new trial.
Even if you've unsuccessfully appealed your verdict, you can still try to obtain what's called post-conviction relief. Post-conviction relief typically involves arguing that you didn't receive effective legal counsel during your trial, that you were coerced into pleading guilty, that new evidence has been discovered, and so forth. When post-conviction relief is successful, your lawyer can work to undo conviction-related damage to your rights and records.
When you've been convicted of a crime, it's difficult to surmount the emotional turmoil and think clearly about the road ahead. That's why it's crucial that you find a criminal defense attorney who is experienced in all facets of the appellate process.
Both George Kline & Chris Robertson are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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