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Criminal Law FAQ

Answers to your Criminal Law Questions

How do I get an arrest record expunged?
Recent changes in the law have now made in possible to get criminal processes and some convictions expunged. Please schedule a free consultation to discuss which options are best for you

How far back does a criminal record gather information?
The criminal background check follows your entire life. There is no limit on the amount of years it will check. Some employers may only like at recent years or within a particular window, but your background is your entire history.

What is the general process of a domestic violence court case?
You will be charged and held under a 48 hour hold until you can post bond. You will not be allowed contact directly or indirectly with the victim in your case. Once you have retained an attorney or decided to represent yourself your case will be set for trial.

What is the penalty for driving with a suspended license?
There are several penalties for driving while license revoked. You may have your license suspended for 1 year or more, possible jail time or probation. We have helped thousands of people like you avoid these potential pitfalls of driving with a suspended license

Does a blood test for alcohol percentage also detect drug percentages?
Currently Blood screens detect if drugs are in your system, but not quantifiable amounts are detected. The law currently does not permit any amount of illicit drugs in your system. Many prescription drugs in addition to illicit drugs are detected in blood tests. Many cases are won or lost with the blood results. We have handled many cases where the state has drawn blood and intended to use it to get a guilty verdict in court. We will fight these blood tests results and the entry of them in court against you.

Are there different levels of DUI/DWI?
Currently there are 6 levels of DUI/DWI. The levels of DUI/DWI range from level A1,1,2,3,4,5. Additionally there is a felony habitual DWI charge that can be used against you. The penalty range for the levels of DUI/DWI include up to 3 years in prison, fines and loss of license

Are officers required to read a person they are arresting their Miranda rights?
Yes, if the officer has arrested you and in inquiring about the allegations or charges you are facing, your Miranda rights must be read and waived by you. You have the right to remain silent-USE IT!

What should I do if I have been charged with a crime?
If you have been charged with a crime, you should remain quiet. Assert your right to remain silent. It does not matter what the officer thinks or says, it is important to protect your rights by saying nothing. Anything you say can and will be used against you. You cannot talk your way out of being charged and cannot talk your way out of jail.

What happens once I’m convicted of DWI or DUI?
Depending on the severity of the conviction, you may face jail time, probation, court costs and fines as well as loss of license. We have helped people facing charges just like you, we know what it takes to handle cases like yours

Should I talk to the police after an arrest?
NO! You have the right to remain silent-USE IT!

Am I allowed to move if I am on probation or parole?
You must request a transfer from your probation officer prior to any moves. Felony convictions with probation do allow state to state moves, but misdemeanors do not. There is a transfer fee in addition to the process that must be paid prior to moving to a new state. Moving within the state requires permission from your probation officer and paperwork to move to your new county.

Do I need a criminal defense attorney if I am not guilty?
Yes, a trained criminal attorney can help you assert your defenses, and can help you fight back against the charges against you. If you need an experienced attorney who knows the criminal system and is assertive in court please call and schedule an appointment.

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