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What should I know to a avoid a DWI charge?

Here are some facts and tips that actually work to avoid a DWI Back to Index

Can shoplifting charges be sealed?

A conviction will not automatically be sealed at age 18, and additional steps must be taken to keep this charge from appearing on background checks.

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What happens in a federal detention hearing?

This is a bail hearing and happens when a US Attorney has moved for detention.

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What is the purpose of a Grand Jury?

The role of the grand jury has changed in recent years, and every felony case must now be indicted by this group of individuals.

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What is a Petition for Non-disclosure?

In some instances, you can petition to have your criminal record hidden from the public.

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What is the difference between deferred adjudication and probation?

Probation means that you have been found guilty of the crime, while deferred adjudication means that you have not yet been declared guilty.

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How can I clear my record?

The only way to have your criminal record cleared, whether you were only arrested or you were convicted, will be to seek an expunction or non-disclosure.

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How much does it cost to hire a lawyer in a criminal case?

Every lawyer will charge you something different for your case. To find out about the rates that our firm will charge, contact the number above or below to get a free consultation.

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Do I need a lawyer for my criminal case?

You have the best chance of getting your charges lessened or dropped completely when you secure the help of a good criminal lawyer.

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If the police forget to read my rights when I am arrested, will the case be thrown out?

Police are required by law to read your rights but if they do not, it doesn’t necessarily mean that your case is not valid. For an accurate assessment, consult an attorney.

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The police want me to talk about a crime they think I committed. Should I comply?

You have the right to remain silent after you have been charged with a crime, because anything that you say can be used against you in court.

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When do I have the right to an attorney?

United States law guarantees that an individual has the right to legal counsel.

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How long does it take to get someone out of jail?

You can expect to wait from 4 to 8 hours after a person has been arrested.

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Why do I have a “no bond” in my case?

No bond means that you cannot be taken out of jail until a judge assigns bail.

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What do I do if there is a warrant out for my arrest?

You may post a cash bond so that you do not get placed under arrest.

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How do I find out if there is a warrant for my arrest?

Calling a professional bondsman is a good way to find out if there is a warrant for your arrest. Warrants are serious matters that should not be taken lightly.

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How do I get someone out of jail?

If your loved one has been placed in jail, you may be able to get them out on bail so that they do not remain in jail in the time before their trial.

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How much does The CDO Lawfirm charge?

Please call us to schedule an appointment so that we can discuss the specifics of your case and our fee to represent you. We are not cheap, but we are also not the most expensive. Our fees are reasonable for our client service and our experience, qualifications, and ability.

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Do I have to take a blood, breath or urine test if asked to do so by the police?

No, but it may be in your best interests to take the test. Many states will automatically suspend your license for a year if you refuse to take a chemical test. And if your drunk driving case goes to trial, the prosecutor can tell the jury that you wouldn’t take the test, which may lead the jury members to conclude that you refused because you were, in fact, drunk or stoned.

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How drunk or high does someone have to be before he can be convicted of driving under the influence?

In most states, it’s illegal to drive a car while “impaired” by the effects of alcohol or drugs (including prescription drugs). This means that there must be enough alcohol or drugs in the driver’s body to prevent him from thinking clearly or driving safely. Many people reach this level well before they’d be considered “drunk” or “stoned.”

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How can the police find out whether a driver is under the influence?

Police typically use three methods of determining whether a driver has had too much to be driving:

Observation. A police officer will pull you over if he notices that you are driving erratically — swerving, speeding, failing to stop or even driving too slowly. Of course, you may have a good explanation for your driving (tiredness, for example), but an officer is unlikely to buy your story if he smells alcohol on your breath or notices slurred words or unsteady movements.

Sobriety tests. If an officer suspects that you are under the influence, he will probably ask you to get out of the car and perform a series of balance and speech tests, such as standing on one leg, walking a straight line heel-to-toe or reciting a line of letters or numbers. The officer will look closely at your eyes, checking for pupil enlargement or constriction, which can be evidence of intoxication. If you fail these tests, the officer may arrest you or ask you to take a chemical test.

Blood-alcohol level. The amount of alcohol in your body is understood by measuring the amount of alcohol in your blood. This measurement can be taken directly, by drawing a sample of your blood, or it can be calculated by applying a mathematical formula to the amount of alcohol in your breath or urine. Some states give you a choice of whether to take a breath, blood or urine test — others do not. If you test at or above the level of intoxication for your state (.08 to .10 % blood-alcohol concentration, depending on the state), you are presumed to be driving under the influence unless you can convince a judge or jury that your judgment was not impaired and you were not driving dangerously. Defense attorneys often question the validity of the conversion formula when driver’s alcohol levels are based on breath or urine tests.

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