WHY PLEADING TRAFFIC TICKET IS NOT AN OPTION TO YOUR NEW JERSEY ANDRÉS Y. MEJER

Size: px
Start display at page:

Download "WHY PLEADING TRAFFIC TICKET IS NOT AN OPTION TO YOUR NEW JERSEY ANDRÉS Y. MEJER"

Transcription

1 WHY PLEADING GUILTY TO YOUR NEW JERSEY TRAFFIC TICKET IS NOT AN OPTION ANDRÉS Y. MEJER

2 LEGAL-EZ BOOK SERIES WHY PLEADING GUILTY TO YOUR NEW JERSEY TRAFFIC TICKET IS NOT AN OPTION BY Andres Y. Mejer, Esq.

3 Copyright by Andres Y. Mejer, Esq. All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission of the author. Printed in the United States of America. Andres Mejer & Associates, LLC 9 Memorial Parkway, Suite B Long Branch, New Jersey

4 FOREWORD If you are reading this book, it is probably because you or a loved one has been charged with a New Jersey traffic violation. We at Andres Mejer & Associates, LLC understand that you likely have questions. We wrote this book in order to provide you with immediate information and answer your most pressing questions. Why Pleading Guilty to Your New Jersey Traffic Ticket is Not an Option, covers a wide range of topics. However, keep in mind that no book can cover every possible scenario that can arise in a case. Every situation is different, just as everyone s lives are different. Because of this, we highly recommend that anyone charged with New Jersey traffic violations meet with an attorney face-to-face. Just as you should have questions for us after reading this book, we will have questions for you. Only after answering our questions can we or any other an attorney give you real advice specific to your case. This book is intended to be a guide to what lies ahead. With this book, we wanted to offer something that other lawyers don t. Our purpose in writing this book is to educate you so that you can make informed decisions on how to best prepare for what lies ahead and provide you with the tools you need to find the right lawyer to handle your case. Take a look at some lawyer advertising. All the ads look the same: Our mission is to aggressively fight for the rights of our clients Courtroom experience and results that count Free initial consultation When you need the best legal defense We put aggressive and experienced legal representation on your side Slogans and catch phrases do not provide you with the information you need right now to make important decisions about your legal rights. This book should answer most of your questions, but there may still be and probably should be other questions. This is normal. That is where we at Andres Mejer & Associates, LLC come in. We educate you by providing information to help you make good, informed decisions about your case.

5 DISCLAIMER Please note that while our business is to represent persons charged with traffic violations in New Jersey, we neither encourage nor condone irresponsible driving. In fact, we hope that this book will serve to discourage people from such conduct after reading about how these violations are handled in New Jersey and the long term consequence that irresponsible driving can lead to. The New Jersey State Bar requires that we inform you that the information in this book is not legal advice. We are not your lawyers until you enter into a written agreement hiring us to represent you. We can offer suggestions, but please do not misinterpret anything in this book to be legal advice about your case. Each case is different and an attorney can only give you quality legal advice when they understand the specific facts pertaining to your individual case. We must also advise you that the case studies presented in this consumer guide have been modified from real cases in order to provide educational examples. We make no representations that your results will be the same. Each case must be analyzed on its own merits.

6 TABLE OF CONTENTS FOREWORD... 2 DISCLAIMER... 3 INTRODUCTION... 6 Chapter One: What are your Options after Getting a New Jersey Ticket? PLEAD GUILTY and accept the consequences Fight the ticket yourself Apply for the help of a Public Defender Hire an experienced traffic attorney to fight for you Chapter Two: WHY IS PAYING A TICKET USUALLY MY WORST OPTION? JAIL Loss of License How Points Affect You INSURANCE PREMIUMS MAY INCREASE COMMUNITY SERVICE Chapter Three: WHAT ARE THE FACTORS AFFECTING ANY FINES AND PENALTIES? The traffic violation Your Driving History The Prosecutor The police officer The Judge hearing your case Chapter Four: How do i fight my traffic ticket? NOT OrderING Discovery NOT PreparING for Trial Talking too Much What Can I Expect my Attorney to do for Me? Chapter Five: HOW do i HIRE my TRAFFIC ATTORNEY? Chapter Six: MOST COMMON TRAFFIC QUESTIONS WE GET ASKED Chapter Seven: What to do if i am Pulled Over? Do not panic Pull Over in a Safe Area on the Right-HAND Side of the Road Stay in the Car Keep Your Hands on the Wheel GATHER YOUR DOCUMENTATION only when asked... 40

7 6. Be Careful OF What You Say Take the ticket and be on your way CONCLUSION... 42

8 INTRODUCTION GOT A TRAFFIC TICKET AND DON T KNOW WHAT TO DO? Do not worry; we explain the entire process in this consumer guide: In Chapter One we review the four available options when you get a ticket: plead guilty, fight the ticket yourself, apply for a public defender, or hire an experienced traffic attorney to fight for you. In Chapter Two we explain that pleading guilty is usually your worst option because of the long term consequences. The fines will be detailed when you plead guilty; however, there are some consequences that you will not know until later, such as, Motor Vehicle Commission (MVC) issued points on your driving record, surcharges, increased insurance premiums, or MVC suspension of your driver s license. These and other consequences may not be apparent until an agency or insurance acts on your conviction to the charge. Similarly, in Chapter Three we explain the factors affecting your fines and penalties. In Chapter Four we give you some tools on how to fight the ticket yourself. We also explain the top three mistakes we see attorneys and unrepresented defendants make in traffic court (Municipal Court). In Chapter Five we provide you a guide to hiring your traffic attorney. Not all attorneys are alike. You need someone you can trust to guide you through this process. In Chapter Six we explain the most common questions we are asked by clients. This chapter is focused on clearing up common misconceptions. Lastly, in Chapter Seven we explain what to do should you be stopped by a police officer in the future. This consumer guide is our way of helping you make the best decision in your traffic case.

9 CHAPTER ONE: WHAT ARE YOUR OPTIONS AFTER GETTING A NEW JERSEY TICKET? You really have only four choices: 1. Plead guilty. 2. Fight the ticket on your own. 3. Apply for the aid of a Public Defender. 4. Hire an experienced traffic attorney to fight for you. 1. PLEAD GUILTY AND ACCEPT THE CONSEQUENCES This is typically the worst option. You are giving up and pleading guilty to the violation. Although most New Jersey traffic and driving charges are not "criminal" charges, they can still have serious consequences, including jail time, loss of license, hundreds or thousands of dollars in fines, community service, and surcharges. Serious traffic offenses can have far reaching effects, beyond the likely loss of your license and driving privileges. On December 28, 2011, the Administrative Office of the Courts promulgated a new directive requiring Municipal Court Judges to inform defendants of the immigration consequence of pleading guilty. Judges must now inform all defendants who are non-u.s. citizens that a guilty plea may negatively affect their immigration status, including possible deportation. Generally a two point violation has no impact on your immigration status and, without more, will have little impact on your driving record or insurance rates. However, here are three situations were a two point ticket can have long term consequences: If you were involved in a car accident, pleading guilty to careless driving (two points) can negatively impact your personal injury case because you are admitting you drove in a careless manner. If you were not injured, but someone else was, pleading guilty can negatively impact your future defense. If you already have 10 points on your driving record, your license will be suspended. If the two point violation totals six points on your driving record in the past three years, you will receive a surcharge from the MVC.

10 In all three situations your insurance carrier will likely increase your insurance premiums for reasons we will discuss in Chapter Two, Section Four. If you simply plead guilty and pay the ticket you will suffer any and all collateral consequences to the conviction. The opportunity to challenge and minimize those affects is before pleading guilty, not after. These situations must be addressed as quickly as possible. If handled correctly and promptly, there is an opportunity to get the charges dismissed or reduced. Some of the more serious traffic offenses we defend include: DWI/DUI/Drunk Driving Leaving the Scene of an Accident Driving without Insurance Driving without a License Driving on a Revoked or Suspended License Reckless Driving / Careless Driving We also handle lesser traffic charges, such as: Speeding Expired Registration/License Improper passing Failure to yield Failure to stop Tailgating Racing Failure to pass to right of vehicle proceeding in opposite direction Driving in an unsafe manner At Andres Mejer & Associates, we routinely appear in Monmouth, Ocean, and Middlesex Counties for all matter in Municipal court.

11 2. FIGHT THE TICKET YOURSELF This is a better option than the first, particularly if you are the type of person who will educate yourself on the charges you face and defenses you may raise. However, you must be prepared. That will include researching the violation and how the courts have previously interpreted the statutory provision. You should first call the court to plead not guilty. You will need to have your ticket number available. An interpreter will be available if you request one. It is the State s burden to prove beyond a reasonable doubt that your actions fall within the boundaries of each violation. You must review all the evidence the State has, evaluate any weak points, and file the appropriate motions in order to best position your defense. It can be done but it requires time and effort on your part. See Chapter Four for a discussion of how to properly prepare your case for trial. If you disagree with the judge's decision, you have the right to appeal the conviction, the sentence, or both. The appeal must be filed within 20 calendar days of your conviction. Contact the municipal court to obtain a copy of the appeal packet and information on the fees involved. 3. APPLY FOR THE HELP OF A PUBLIC DEFENDER A public defender is an attorney appointed by a municipality to represent qualifying defendants. The skill of public defenders varies from town to town. The appointment is more often due to political connections rather than skill; however, a public defender is generally a better alternative than representing yourself. You cannot choose a public defender; if you qualify, he or she will be assigned to you. The Court must first determine if you are charged with an offense that may result in a mandatory jail term or other consequence of magnitude. In determining whether the offense warrants a public defender the Judge will consider the following: Any sentence of imprisonment Any period of driver's license suspension Driver's license ineligibility If the aggregate of any type of court-imposed financial obligation sanctions of $750 or greater, including, fines, costs, restitution, penalties and/or assessments.

12 You must also complete a financial questionnaire regarding current employment, salary, income and assets. In considering your ability to pay, the court may also consider the willingness and ability of your immediate family, friends or employer to assist in meeting defense costs. The court will also charge a $200 administrative fee if the public defender is assigned to you. 4. HIRE AN EXPERIENCED TRAFFIC ATTORNEY TO FIGHT FOR YOU. Hiring an experienced traffic attorney is the best chance you have for getting the matter dismissed or entering into a favorable plea agreement and keeping your record clean. An experienced traffic attorney gives you options. At Andres Mejer & Associates, every piece of evidence will be scrutinized to determine if the State can prove your guilt beyond a reasonable doubt. Any weaknesses will be the subject of a motion. It is not about whether you, for example, left the scene of an accident, but whether the State can prove it beyond a reasonable doubt. The State must follow proper practice and procedure in collecting the evidence. Every City has a police force. Not all officers have the same level of training and experience. Police officers make mistakes. Those mistakes can make the difference between a dismissal and conviction, but only if you take the time and expense to hire experienced counsel and identify those mistakes. In summary, an experienced traffic attorney does two main things on your behalf: 1. He or she will review all of the evidence, your defenses, and ultimately get you the best result possible under the circumstances. 2. He or she will get you out of court faster. New Jersey Rules of Court require the Court to address attorney represented matters first. This is not due to favoritism, but necessity. There are over five hundred municipal courts in the State of New Jersey and many courts meet at the same time. So attorneys need to be able to attend other courts promptly.

13 Chapter Two: WHY IS PAYING A TICKET USUALLY MY WORST OPTION? If you plead guilty you will be subject to substantial fines and penalties, points on your driving record, insurance surcharges, suspension of driving privileges, community service, and jail. Most courts will give you an installment plan to pay fines, but they typically require some down payment after the sentencing. Conviction of any municipal court offense may also have a negative impact on your employment prospects and immigration status. It is the State s burden to prove every element of the charge beyond a reasonable doubt. The State may not be able to prove its case against you on every charge. By demonstrating the weaknesses in the State s case we may be able to enter into a plea agreement which may include acquittals, reduced charges, reduced points, and alternatives to jail. If you plead guilty you forgo that opportunity. The consequences of a guilty plea, as you will see below, can be severe. 1. JAIL The maximum jail term for a municipal court offense is six months. The sentence is served at the County Jail. Depending on the offense charged, we have successfully requested that the Judge allow defendants to serve their sentence on weekends through a SLAP program. SLAP is a community-based corrections program that provides a structured alternative to jail. Every county s program is slightly different, but the program allows you to pay your debt to society by performing moderate levels of manual labor on the weekends. This enables you to keep your job, provide for your family, and continue to be a productive member of society while serving your sentence. The SLAP program is available if you are convicted of nonviolent, minor offenses, and are found eligible for the program. You must follow all rules and regulations or face having the SLAP sentence revoked and serve the remainder of your sentence in a County Jail.

14 Any undocumented alien who spends even one day in jail may find him or herself in removal proceedings. Immigration Code Enforcement (ICE) has been placing immigration detainers on any undocumented alien who appears in jail. In other words, even if, for example, a spouse chooses not to press any charges on a domestic violence charge, ICE can still detain the defendant for a limited period until it decides to either release the defendant without bail, release him with bail, or detain the defendant during the pendency of his removal proceedings. In short, any jail time for an undocumented alien, and even for some Lawful Permanent Residents, can result in removal of the alien to his home country. CASE STUDY I Defendant was charged with DUI, possession of drug paraphernalia, and driving with a suspended license (third offense). Following the accident, the defendant was taken by ambulance to the hospital for treatment. The officers did not witness the defendant driving the car nor did they give her any of the standardized filed sobriety tests. After she was taken by ambulance and without either a search warrant or her consent, the officer took her purse from the car, opened it and found a wallet. Opening the wallet the officer found a plastic straw with cocaine residue. This was a violation of her constitutional rights. At the hospital, the officer failed to note the name of the nurse who supervised the urine analysis. The nurse failed to write the defendant s name on the urine container. Thus, the officer could not prove that the sample belonged to the defendant. We filed a motion to suppress the evidence and both the urine sample and the plastic straw were not admitted into evidence. Thus, the prosecutor had no evidence of intoxication and no evidence that she possessed drug paraphernalia. Both the DUI and the possession charge were dismissed. However, since it was the defendant s third offense for driving with a suspended license and she could not get her license restored she was sentenced to 10 days in jail. Upon our request, she was accepted into the SLAP program and served five weekends. Thus, she was able to keep her job and saved thousands of dollars by avoiding a DUI conviction and possession of drug paraphernalia charges.

15 2. LOSS OF LICENSE Many offenses require suspensions for minimum periods, including: If you receive 12 or more points on your current driver record Failure to appear in court or to pay fines Failure to pay surcharges Driving with a suspended license Failure to provide proof of insurance Physical or mental disqualification Drug or alcohol use while driving Reckless driving Vehicle abandonment on a public highway Fault in a fatal accident You cannot drive for any reason until the period of suspension ends; you have paid your restoration fee of $100.00, and have received written notification from the MVC that your driving privileges have been restored. If your license has been suspended for failure to appear, pay fines, or comply with a condition of you sentence, it generally will not be restored until your case is complete. If you continue to drive while your license is suspended, you face jail time. If you are driving on the suspended list, and there is an accident involving personal injury, you will serve a minimum of 45 days in jail. It does not matter who caused the accident. Conditional or special work licenses are not allowed in New Jersey. The only temporary license New Jersey issues is at the discretion of the Judge on the date of sentencing so that you can drive your car home, but only after you have turned in your license to the Court and only for a few hours.

16 CASE STUDY II Defendant was charged with driving on the revoked list. She had previously been diagnosed with epilepsy but was under treatment. When she changed doctors, her prior doctor had, unbeknownst to her, notified MVC that she was no longer qualified to drive. MVC suspended her license. With the assistance of her neurologist we successfully appealed her suspension and got her licensed restored. Her municipal court charges were amended from driving on the revoked list to failure to provide a valid document. She paid a nominal fine with no jail time or any collateral consequences. Upon sentencing and depending on the violation, we have successfully argued that the loss of license would cause an undue hardship to minimize the length of the suspension or prevent it all together. This can only be done where the statute grants the Judge discretion in your loss of license. For some violations, like a DUI, a Judge has no discretion and a conviction will result in a mandatory loss of license irrespective of the hardship it causes you. CASE STUDY III Defendant was found guilty of possession of marijuana in a vehicle, a conviction which can result in a two year loss of license. We argued that the loss of license would cause an undue hardship as he traveled an hour to and from work and there was no viable public transportation in that area. He was the sole supporter of his family and this was his first conviction for such an offense. The Court fined him a slightly higher fine but he kept his license.

17 3. HOW POINTS AFFECT YOU In New Jersey, driving is a privilege, not a right. If convicted of a motor vehicle violation, you can have your driving privileges suspended or revoked, face thousands of dollars in fines and surcharges, and jail time. MVC tracks the seriousness of your violation through a point system and will penalize you for most moving violations. A two point violation is the minimum for any moving violation; however, depending on your driving record even two points can potentially double your insurance premiums. If you get six or more points within three years on your current driving record, you will be assessed a $150 surcharge plus $25 for each additional point. A surcharge is a fine assessed by the MVC for drivers who have earned excessive points or committed a specific violation such as DUI. Surcharges are in addition to any court fines or penalties. The following is a list of additional surcharges that may apply: $100 for driving without a license $250 for driving with a suspended license $100 for failure to insure a moped $250 for operating an uninsured vehicle $1,000 for DUI, 3 years $1,000 for Refusal to take breathalyzer test, 3 years If you do not pay your surcharges, the MVC will suspend your driving privileges indefinitely and can take you to Court. For example, the MVC can secure a lien against your property or garnish your wages.

18 CASE STUDY IV Defendant was in his sixties and had a very poor driving record from thirty years prior. He had over thirty points on his driving record despite having no moving violation in over a decade. Defendant plead guilty to a speeding ticket and the MVC automatically suspended his license because he had over 10 points on his license. We filed a motion to reopen his speeding charge, thereby undoing he guilty plea, and we reduced his ticket to a no point violation. In a subsequent hearing before MVC we restored his license with a warning and suggested he take several courses to further reduce his point total. There are very few ways to reduce the number of points on your driving record. For every twelve months without a moving violation MVC will deduct three points form your driving record. You can also attend one of two driving programs to reduce your points. Please be advised that your insurance company might not consider any deductions when calculating your insurance rate. Deduction Points Restrictions One year with no violations or suspensions Defensive Driving Program -2 Driver Improvement Program -3 Probationary Driver Program -3-3 Year begins on date of violation or most recent restoration May be used to subtract points once every five years May be used to subtract points once every two years Only for new drivers who receive four or more points.

19 4. INSURANCE PREMIUMS MAY INCREASE New Jersey has two separate insurance markets the regular or voluntary market, and the residual or assigned risk market. As a driver you are eligible to purchase insurance in the voluntary market if you have fewer than seven insurance eligibility points accumulated during the preceding three years. These points are not the same as those on your driving record maintained by the MVC. Insurer carriers will assign you insurance eligibility points for motor vehicle violations, suspensions and at-fault accidents. They also assign every newly licensed driver, regardless of gender or age, three insurance eligibility points for being an inexperienced operator. These points are merely used as a guide to help the company determine whether you are eligible for auto insurance in the voluntary market. If you have accumulated seven or more insurance eligibility points for the three-year period immediately before applying for insurance or the three-year period ending 90 days prior to renewal of a policy, you will likely not be eligible to purchase coverage in the voluntary market. The result is you may be directed to purchase insurance through the New Jersey Personal Automobile Insurance Plan (PAIP). Not all insurers in the voluntary market will refuse to cover you at seven points. The amount varies by insurance company so you should shop around and compare rates. The PAIP is not an insurance company; instead it acts as an administrative clearinghouse and assigns each driver to a company for coverage. Therefore, this type of coverage is referred to as assigned risk. The state has standardized the rates for this type of coverage and they do not vary from company to company. The rates will be substantially higher than premiums in the voluntary market. To avoid paying much higher insurance premiums for the next three years, you must fight every ticket that can result in insurance eligibility points. 5. COMMUNITY SERVICE By law, the judge must order community service for certain traffic offenses. You would be required to work for a municipality or non-profit organization for a certain period of time, without compensation. The length of the service is usually discretionary. Failure to perform community service may result in your returning to court and facing jail time.

20 CHAPTER THREE: WHAT ARE THE FACTORS AFFECTING ANY FINES AND PENALTIES? Fines and penalties will represent some of the most frustrating issues for you to understand. If you are found guilty, the Court has some discretion in awarding your costs. There are basically five factors that determine the amount of your costs. 1. THE TRAFFIC VIOLATION The type of traffic ticket you receive significantly influences the way the prosecutor and the Judge view your matter. In New Jersey, driving is a privilege, not a right. If you break traffic laws, your driving privileges could be suspended or revoked, resulting in fines and imprisonment. The seriousness of your violations - and resulting penalties - is tracked by MVC using a point system. Most convictions for a moving violation (not parking ticket or minor violations) will result in MVC adding points to your driving record. A two point violation is the minimum for any moving violation; however, depending on your driving record even two points can potentially double your insurance rates. More than two points can trigger surcharges, and run the risk of your insurance company canceling your policy. Not all moving violations result in points on your driving record. For example, no points are assessed for driving with a suspended license or driving while under the influence of drugs or alcohol (DUI). However, in both cases you can be jailed, lose your license, face severe fines and surcharges, and increases in insurance premiums. Violations can also vary in severity depending on circumstances. For example, a speeding ticket in a school zone or construction zone can be twice as expensive as the norm, but the points assessed by MVC do not change. Similarly, if you are charged with DUI or possession of a controlled substance within a school zone you will face significantly enhanced penalties with no change in MVC point assessments.

21 The following is a list of some of the more severe point assessments MVC makes: NJSA Section Offense 39:4 52 Racing on highway 5 39:4 84 Failure to pass to right of vehicle proceeding in opposite direction 39:4 85 Improper passing on right or off roadway 4 39:4 86 Improper passing in no passing zone 4 39:4 89 Tailgating 5 39:4 96 Reckless driving 5 39:4 97 Careless driving 2 39: Driving in an unsafe manner (points only for third or subsequent offense within five years of most recent 4 39: conviction) 39:4 98 Exceeding maximum speed 1-14 mph over limit 2 39:4 129 Exceeding maximum speed mph over limit 4 Exceeding maximum speed 30 mph or more over limit Leaving the scene of an accident: No personal injury 2 Personal injury 8 39:5C 1 Racing on highway 5 39:5D 4 Moving violation committed out-of-state 2 Points 5 5

22 2. YOUR DRIVING HISTORY If you are convicted of a moving violation, your driving history is one of the biggest factors for determining your fines and penalties. Some motor vehicle penalties are incremental. For example, leaving the scene of an accident involving injury or death, the maximum penalties are the following: First Offense - up to 180 days in jail, loss of license for one year, fines up to $5, Second Offense - up to an additional 180 days in jail, permanent loss of your license, and fines up to $5, A more common example is driving with a suspended license. First Offense - fines of $ and loss of license up to six months. Second Offense - fines of $791.00, up to 15 days in jail (if there is an accident involving personal injury the sentence is 45 to 180 days in jail), six months loss of license, if the second offense occurs within five years of the prior offense then all vehicle registrations in your name will be suspended. In other words, if you have two or more cars registered under your name each registration will be suspended. Third Offense - fines of $1,041.00, minimum 10 days in jail but if the offense involved a motor vehicle violation then the minimum is 10 days longer than the prior sentence (if there is an accident involving personal injury the sentence is 45 to 180 days in jail), six months loss of license, if the third offense occurs within five years of the prior offense then all vehicle registrations in your name will be suspended. In other words, if you have two or more cars registered under your name each registration will be suspended. An experienced traffic attorney will review your driver s history abstract with you and confirm its accuracy. At Andres Mejer & Associates, we always get a certified copy of your driver s abstract unless you instruct us not to. Even if the sentence you face is not incremental, like a speeding ticket, the likelihood of a favorable plea agreement differs greatly if this is your first violation versus your thirtieth. Also Courts or the MVC make mistakes, particularly with all the recent budget cuts. Your driving record may incorrectly show a conviction. It happens. You do not want to learn on the date of your DUI sentencing that the Court is treating your conviction as third offense, requiring a mandatory 180 days in jail.

Your Guide to Illinois Traffic Courts

Your Guide to Illinois Traffic Courts Consumer Legal Guide Your Guide to Illinois Traffic Courts Presented by the Illinois Judges Association and the Illinois State Bar Association Illinois Judges Association Traffic courts hear more cases

More information

APPEARANCE, PLEA AND WAIVER

APPEARANCE, PLEA AND WAIVER Guide to Municipal Court What Types of Cases Are Heard in Municipal Court? Cases heard in municipal court are divided into four general categories: Violations of motor vehicle and traffic laws Violations

More information

DRIVING RELATED ISSUES. Student Legal Service University of Illinois at Urbana-Champaign

DRIVING RELATED ISSUES. Student Legal Service University of Illinois at Urbana-Champaign DRIVING RELATED ISSUES Student Legal Service University of Illinois at Urbana-Champaign License Issues You are not required to obtain an Illinois Driver s license while you are enrolled as a student in

More information

DUI FAQ Guide. FAQs to Help Guide You Through The Florida DUI Process

DUI FAQ Guide. FAQs to Help Guide You Through The Florida DUI Process DUI FAQ Guide FAQs to Help Guide You Through The Florida DUI Process Randy Berman, Esq. Law Offices of Randy Berman (561) 537-3877 RandyBermanLaw.com A Simple guide for someone recently arrested for a

More information

T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S G UIDE T O C O URT

T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S G UIDE T O C O URT T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S G UIDE T O T RAFFIC C O URT A G UIDE T O T RAFFIC C O URT Prepared and distributed as a Public Service by the

More information

DEFENDING TRAFFIC TICKETS A Resource for Pro Se Litigants

DEFENDING TRAFFIC TICKETS A Resource for Pro Se Litigants DEFENDING TRAFFIC TICKETS A Resource for Pro Se Litigants Marcel Krzystek, Esq. 5353 W. Dartmouth Avenue, Suite 510 Denver, Colorado 80228 Telephone: (303) 988-1561 Email: m_krzystek@yahoo.com As a criminal

More information

What you don t know can hurt you.

What you don t know can hurt you. What you don t know can hurt you. Why you need a defense lawyer if you are charged with a misdemeanor. A misdemeanor conviction is SERIOUS A misdemeanor is not a minor crime. If you are convicted of a

More information

DRINKING AND DRIVING OFFENCE

DRINKING AND DRIVING OFFENCE What to do if you are charged with a DRINKING AND DRIVING OFFENCE This booklet is not about provincial Motor Vehicle Act penalties for drinking and driving. This guide explains what normally happens when

More information

Please Step Out of The Car

Please Step Out of The Car Urban Survival Guide: Please Step Out of The Car A Step by Step Guide Through The Los Angeles DUI & DMV Process MR DUI LA Attorney Mark Rosenfeld The Law Office of Mark Rosenfeld 800-9700-DUI (384) MRDUILA.com

More information

Judge Sissy Hernandez Justice of The Peace Precinct Two 4641 Cohen Suite A El Paso, Texas 79924 (915) 751-7575. Traffic Offenses

Judge Sissy Hernandez Justice of The Peace Precinct Two 4641 Cohen Suite A El Paso, Texas 79924 (915) 751-7575. Traffic Offenses Judge Sissy Hernandez Justice of The Peace Precinct Two 4641 Cohen Suite A El Paso, Texas 79924 (915) 751-7575 Traffic Offenses The information contained in this packet is not offered as legal advice.

More information

Defenses to Driving Without Insurance. 1. What are the penalties for driving without insurance?

Defenses to Driving Without Insurance. 1. What are the penalties for driving without insurance? Defenses to Driving Without Insurance 1. What are the penalties for driving without insurance? New Jersey law requires all drivers to have insurance on their motor vehicles. A driver must have insurance

More information

INTRODUCTION DO YOU NEED A LAWYER?

INTRODUCTION DO YOU NEED A LAWYER? INTRODUCTION The purpose of this handbook is to provide answers to some very basic questions that inmates or inmates families might have regarding the processes of the criminal justice system. In no way

More information

IN THE MUNICIPAL COURT OF THE CITY OF SEATTLE

IN THE MUNICIPAL COURT OF THE CITY OF SEATTLE IN THE MUNICIPAL COURT OF THE CITY OF SEATTLE THE CITY OF SEATTLE, PLAINTIFF vs, DEFENDANT Statement of Defendant on Plea of Guilty Case # 1. My true name is. 2. My age is. Date of Birth. 3. I went through

More information

HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES IN MUNICIPAL COURT

HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES IN MUNICIPAL COURT c HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES IN MUNICIPAL COURT Moderator/Speaker Kenneth A. Vercammen, Esq. Kenneth Vercammen & Associates, P.C. (Edison, Cranbury) Speakers Honorable William D.

More information

VIRGINIA DUI FACTSHEET

VIRGINIA DUI FACTSHEET VIRGINIA DUI FACTSHEET BOSE LAW FIRM, PLLC Former Police & Investigators Springfield Offices: 6354 Rolling Mill Place, Suite 102 Springfield, Virginia 22152 Telephone: 703.926.3900 Facsimile: 800.927.6038

More information

SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL. People v. Case No. Advisement of Rights, Waiver, and Plea Form

SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL. People v. Case No. Advisement of Rights, Waiver, and Plea Form SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL People v. Case No. Advisement of Rights, Waiver, and Plea Form Vehicle Code 23152 Fill out this form if you wish to plead guilty or no contest to the charges

More information

The Right to a Speedy Trial

The Right to a Speedy Trial The Right to a Speedy Trial You have a constitutional right to a speedy trial in the United States and in New Jersey. You also have a right to see ALL of the evidence against you prior your date in court.

More information

1255 West Colton Avenue, Suite 101, Redlands, CA 92374 Phone: (909) 255-0658 Fax: (909) 253-7800

1255 West Colton Avenue, Suite 101, Redlands, CA 92374 Phone: (909) 255-0658 Fax: (909) 253-7800 1255 West Colton Avenue, Suite 101, Redlands, CA 92374 Phone: (909) 255-0658 Fax: (909) 253-7800 11801 Pierce Street, 2 nd Fl, Riverside, CA 92505 Phone: (951) 530-1586 Fax: (951) 579-4738 3281 East Guasti

More information

ARREST! What Happens Now?

ARREST! What Happens Now? Personal Injury Wrongful Death Slip & Fall Automobile Accidents Trucking Accidents Motorcycle Accidents Medical Malpractice Criminal Defense You re Under ARREST! What Happens Now? Do NOT Speak to Police

More information

Wisconsin Operating While Intoxicated Law A Client's Guide to the Language and Procedure

Wisconsin Operating While Intoxicated Law A Client's Guide to the Language and Procedure Wisconsin Operating While Intoxicated Law A Client's Guide to the Language and Procedure BAKKE NORMAN L A W O F F I C E S Welcome Thank you for considering Bakke Norman, S.C. to represent your interests.

More information

OFFICE OF THE DISTRICT ATTORNEY Third Judicial District Of Kansas Chadwick J. Taylor, District Attorney

OFFICE OF THE DISTRICT ATTORNEY Third Judicial District Of Kansas Chadwick J. Taylor, District Attorney OFFICE OF THE DISTRICT ATTORNEY Third Judicial District Of Kansas Chadwick J. Taylor, District Attorney Shawnee County Courthouse Fax: (785) 251-4909 200 SE 7th Street, Suite 214 Family Law Fax: (785)

More information

I just got arrested for a State of South Carolina DUI charge. What happens now?

I just got arrested for a State of South Carolina DUI charge. What happens now? I just got arrested for a State of South Carolina DUI charge. What happens now? ISSUE ONE: The South Carolina Implied Consent Proceeding: Under South Carolina's implied consent law, a person who drives

More information

An Introduction to the Federal Public Defender=s Office and the Federal Court System

An Introduction to the Federal Public Defender=s Office and the Federal Court System Some Things You Should Know An Introduction to the Federal Public Defender=s Office and the Federal Court System Office of the Federal Public Defender Southern District of West Virginia 300 Virginia Street

More information

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer www.floridacriminaldefense.com www.blawgger.com THE FLORIDA CRIMINAL PROCESS Source: http://www.fsu.edu/~crimdo/cj-flowchart.html

More information

Michigan Driving Record Alcohol, Drugs and Consequences

Michigan Driving Record Alcohol, Drugs and Consequences 7 Your Michigan Driving Record Alcohol, Drugs and Consequences Michigan maintains a driving record for every driver. The driving record contains information the Secretary of State is required to maintain,

More information

CRIMINAL LAW AND VICTIMS RIGHTS

CRIMINAL LAW AND VICTIMS RIGHTS Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.

More information

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now Criminal Court Felonies The U.S. has the highest rate of felony conviction and imprisonment of any industrialized nation. A felony crime is more serious than a misdemeanor, but the same offense can be

More information

The Federal Criminal Process

The Federal Criminal Process Federal Public Defender W.D. Michigan The Federal Criminal Process INTRODUCTION The following summary of the federal criminal process is intended to provide you with a general overview of how your case

More information

Free Legal Consumer Guide Series www.southernmarylandlaw.com

Free Legal Consumer Guide Series www.southernmarylandlaw.com Free Legal Consumer Guide Series Brought To You By Meeting All Your Legal Needs For 50 Years 2 How To Handle A Traffic Ticket HOW TO USE THIS GUIDE If you read this guide, you will discover what you need

More information

WHAT HAPPENS AFTER YOUR DUI ARREST?

WHAT HAPPENS AFTER YOUR DUI ARREST? WHAT HAPPENS AFTER YOUR DUI ARREST? Terry L. Gilbeau, Attorney-at-Law Law Offices of Terry L. Gilbeau 5701 Lonetree Boulevard, Suite 304 Rocklin, CA 95765 Telephone 916/626-5539 www.rocklinduiattorney.com

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

CRIMINAL DEFENSE FAQ. QUESTION: Am I required to allow law enforcement be allowed to search my house or my car?

CRIMINAL DEFENSE FAQ. QUESTION: Am I required to allow law enforcement be allowed to search my house or my car? THE LAW OFFICES OF SCOTT L. KRAMER CRIMINAL DEFENSE FAQ ANSWERS FROM AN DELAWARE COUNTY ATTORNEY: QUESTION: Am I required to allow law enforcement be allowed to search my house or my car? No. You are never

More information

Vermont Legislative Council

Vermont Legislative Council Vermont Legislative Council 115 State Street Montpelier, VT 05633-5301 (802) 828-2231 Fax: (802) 828-2424 MEMORANDUM To: From: House Judiciary Committee Erik FitzPatrick Date: February 19, 2015 Subject:

More information

North Carolina Traffic Tickets

North Carolina Traffic Tickets North Carolina Traffic Tickets North Carolina traffic tickets can be extremely costly and can even result in the suspension of driving privileges. The best way to avoid these problems is to heed the rules

More information

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant )

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) I,, being before the Court this day and with my counsel, Attorney, represent

More information

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense)

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY THE STATE OF IOWA, Plaintiff, vs. Defendant. CRIMINAL NO. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) COMES NOW the above-named Defendant

More information

Michael Gayoso, Jr. Office of the County Attorney TH

Michael Gayoso, Jr. Office of the County Attorney TH Michael Gayoso, Jr. Office of the County Attorney TH 11 Judicial District/Crawford County, Kansas DIVERSION PROGRAM -- DRIVING UNDER THE INFLUENCE Pursuant to K.S.A. 22-2906 et seq. the Crawford County

More information

Law & The Courts Resource Guide

Law & The Courts Resource Guide Law & The Courts Resource Guide - what to do in case of an auto accident - your rights in traffic court - your rights if arrested table of contents What To Do In Case Of An Auto Accident...1 Your Rights

More information

Free Legal Consumer Guide Series www.southernmarylandlaw.com

Free Legal Consumer Guide Series www.southernmarylandlaw.com Free Legal Consumer Guide Series Brought To You By Meeting All Your Legal Needs For 50 Years 2 What You Need To Know About DWI & DUI Charges HOW TO USE THIS GUIDE If you read this guide, you will discover

More information

C RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS

C RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S C RIMINAL LAW 1 0 1 : O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS A C RIMINAL LAW 1 0 1 Prepared

More information

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY People make mistakes, especially young people. Juvenile lawyer Bryce Fetter believes children should get a second chance through rehabilitation rather

More information

HAVE NO PAPERS/ARE OUT OF STATUS/ UNDOCUMENTED

HAVE NO PAPERS/ARE OUT OF STATUS/ UNDOCUMENTED Families Beware! Fighting For Our Rights When Getting Deported 1. Who Can Be Deported? Any Non-Citizen is AT RISK of detention/deportation and can be deported by ICE (Immigration Customs Enforcement) if

More information

Traffic. Court. What you need. to know when you ve been charged with a provincial offence. website at: www.albertacourts.ab.ca

Traffic. Court. What you need. to know when you ve been charged with a provincial offence. website at: www.albertacourts.ab.ca Traffic Court What you need? to know when you ve been charged with a provincial offence website at: www.albertacourts.ab.ca Table of Contents 1. You Have Been Charged With an Offence. Now What? ----------------1

More information

PARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS

PARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS PARENT GUIDE TO THE JUVENILE COURT CHIPS PROCESS INTRODUCTION This booklet has been prepared to help parents gain a better understanding of what to expect in Juvenile Court CHIPS proceedings (Chapter 48

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 19, 2002

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 19, 2002 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs June 19, 2002 STATE OF TENNESSEE v. DERRICK S. CHANEY Direct Appeal from the Circuit Court for Williamson County No. II-22-201

More information

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition)

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition) Chapter 813 2013 EDITION Driving Under the Influence of Intoxicants GENERAL PROVISIONS 813.010 Driving under the influence of intoxicants; penalty 813.011 Felony driving under the influence of intoxicants;

More information

MONROE COUNTY PUBLIC DEFENDER MONROE COUNTY COURTHOUSE 610 MONROE STREET, SUITE 21 STROUDSBURG, PENNSYLVANIA 18360

MONROE COUNTY PUBLIC DEFENDER MONROE COUNTY COURTHOUSE 610 MONROE STREET, SUITE 21 STROUDSBURG, PENNSYLVANIA 18360 CHECKLIST FOR ALL FIRST OFFENSE DRIVING UNDER THE INFLUENCE CASES IMPORTANT: HIRE A LAWYER OR, IF YOU CANNOT AFFORD ONE, APPLY FOR A PUBLIC DEFENDER IMMEDIATELY. YOU MUST MEET INCOME GUIDELINES TO QUALIFY

More information

- Contents of this Guide - The Purpose of this Guide 1. Important Disclaimer 1. Special Hardship Orders 2. Special Hardship Orders 3

- Contents of this Guide - The Purpose of this Guide 1. Important Disclaimer 1. Special Hardship Orders 2. Special Hardship Orders 3 - Contents of this Guide - The Purpose of this Guide 1 Important Disclaimer 1 Special Hardship Order vs Restricted License Application 2 Special Hardship Orders 2 Special Hardship Orders 3 When an Application

More information

Maricopa County Attorney s Office Adult Criminal Case Process

Maricopa County Attorney s Office Adult Criminal Case Process The following is a brief description of the process to prosecute an adult accused of committing a felony offense. Most misdemeanor offenses are handled by municipal prosecutors; cases involving minors

More information

Type of law: CRIMINAL LAW. A 2011 Alberta Guide to the Law IMPAIRED DRIVING. Student Legal Services of Edmonton

Type of law: CRIMINAL LAW. A 2011 Alberta Guide to the Law IMPAIRED DRIVING. Student Legal Services of Edmonton Type of law: CRIMINAL LAW A 2011 Alberta Guide to the Law IMPAIRED DRIVING Student Legal Services of Edmonton COPYRIGHT & DISCLAIMER GENERAL All information is provided for general knowledge purposes only

More information

GUIDE TO WHAT TO EXPECT

GUIDE TO WHAT TO EXPECT D e l Si g n o r e L a w GUIDE TO WHAT TO EXPECT AT A CLERK MAGISTRATE HEARING What you need to know about your Massachusetts clerk magistrate hearing. Authored by Attorneys Michael DelSignore And Julie

More information

Chapter 153. Violations and Fines 2013 EDITION. Related Laws Page 571 (2013 Edition)

Chapter 153. Violations and Fines 2013 EDITION. Related Laws Page 571 (2013 Edition) Chapter 153 2013 EDITION Violations and Fines VIOLATIONS (Generally) 153.005 Definitions 153.008 Violations described 153.012 Violation categories 153.015 Unclassified and specific fine violations 153.018

More information

Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.

Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado. Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.gov/court JURY READINESS CONFERENCE INSTRUCTIONS You have set your case for

More information

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: : PEOPLE OF THE STATE OF CALIFORNIA v. DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM

More information

Child Abuse, Child Neglect. What Parents Should Know If They Are Investigated

Child Abuse, Child Neglect. What Parents Should Know If They Are Investigated Child Abuse, Child Neglect What Parents Should Know If They Are Investigated Written by South Carolina Appleseed Legal Justice Center with editing and assistance from the Children s Law Center and the

More information

Glossary. To seize a person under authority of the law. Police officers can make arrests

Glossary. To seize a person under authority of the law. Police officers can make arrests Criminal Law Glossary Arrest Charge Convicted Court Crime/Offence Crown Attorney or Prosecutor Criminal Custody Guilty Illegal Innocent Lawyer To seize a person under authority of the law. Police officers

More information

Franklin County State's Attorney Victim Services

Franklin County State's Attorney Victim Services Franklin County State's Attorney Victim Services FREQUENTLY ASKED QUESTIONS What type of services and information can I get through Victim Services Program? A Victim Advocate will be assigned to assist

More information

THE TRUTH ABOUT YOUR NEW JERSEY DUI

THE TRUTH ABOUT YOUR NEW JERSEY DUI LEGAL-EZ BOOK SERIES THE TRUTH ABOUT YOUR NEW JERSEY DUI BY Andres Y. Mejer, Esq. Copyright 20012 by Andres Y. Mejer, Esq. All rights reserved. No part of this book may be used or reproduced in any manner

More information

OFFICE OF THE DISTRICT ATTORNEY Third Judicial District Of Kansas Chadwick J. Taylor, District Attorney

OFFICE OF THE DISTRICT ATTORNEY Third Judicial District Of Kansas Chadwick J. Taylor, District Attorney OFFICE OF THE DISTRICT ATTORNEY Third Judicial District Of Kansas Chadwick J. Taylor, District Attorney Shawnee County Courthouse Fax: (785) 251-4909 200 SE 7th Street, Suite 214 Family Law Fax: (785)

More information

TYPE OF OFFENSE(S) AND SECTION NUMBER(S) LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) CASE NUMBER(S) AND DATE(S)

TYPE OF OFFENSE(S) AND SECTION NUMBER(S) LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) CASE NUMBER(S) AND DATE(S) SUPERIOR COURT OF CALIFORNIA Reserved for Clerk s File Stamp COUNTY: COUNTY OF EL DORADO PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Vehicle

More information

About D.U.I. (Driving Under the Influence) Published by The Alaska Court System PUB-11 (6/13)(green)

About D.U.I. (Driving Under the Influence) Published by The Alaska Court System PUB-11 (6/13)(green) About D.U.I. (Driving Under the Influence) Published by The Alaska Court System PUB-11 (6/13)(green) Introduction This pamphlet summarizes the penalties for violating several Alaska statutes relating to

More information

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,

More information

Driving under the influence of alcohol, drugs, or other intoxicating substances;

Driving under the influence of alcohol, drugs, or other intoxicating substances; OCGA 40-6-391 Brief Description Driving under the influence of alcohol, drugs, or other intoxicating substances; Statutory Language (a) A person shall not drive or be in actual physical control of any

More information

David Crum, Esq. Managing Partner New Mexico Legal Group, P.C.

David Crum, Esq. Managing Partner New Mexico Legal Group, P.C. David Crum, Esq. Managing Partner New Mexico Legal Group, P.C. ABOUT THE AUTHOR David Crum, Esq. David Crum is the Managing Partner of New Mexico Legal Group, P.C., an Albuquerque-based criminal defense

More information

Points, Suspension and Insurance Requirements

Points, Suspension and Insurance Requirements CHAPTER THREE Points, Suspension and Insurance Requirements The Point Study Committee assesses a point value for traffic violations. The point value relates to the severity and history of the violation

More information

Self-Help Guide for a Prosecutorial Discretion Request

Self-Help Guide for a Prosecutorial Discretion Request Self-Help Guide for a Prosecutorial Discretion Request In June 2011, Immigration and Customs Enforcement ( ICE ) announced it would not use its resources to deport people it considers low priority and

More information

Overview. Chapter 1: 1.1 Purpose of Manual 2

Overview. Chapter 1: 1.1 Purpose of Manual 2 Chapter 1: Overview 1.1 Purpose of Manual 2 1.2 Role of Defense Counsel 2 A. Practice Standards and Cases Recognize Defense Counsel s Role B. More Noncitizen Clients May Face Adverse Immigration Consequences

More information

Holmes County Juvenile Court Judge Thomas C. Lee. Juvenile Traffic Court Explanation of Rights & Pleas

Holmes County Juvenile Court Judge Thomas C. Lee. Juvenile Traffic Court Explanation of Rights & Pleas Holmes County Juvenile Court Judge Thomas C. Lee Juvenile Traffic Court Explanation of Rights & Pleas The purpose of this handout is to explain the rights of young drivers appearing in Juvenile Traffic

More information

CHARGED with a CRIME What YOU

CHARGED with a CRIME What YOU YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Visit the Alberta Justice website at: www.justice.alberta.ca This booklet is intended to provide general information only. If you require specific

More information

MYTHS ANDRÉS Y. MEJER

MYTHS ANDRÉS Y. MEJER T O P F I V E MYTHS A B O U T LAWYERS ANDRÉS Y. MEJER Copyright 20012 by Andres Y. Mejer, Esq. All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written

More information

Defense of Drug Possession Cases in Municipal Court. 1. What are my chances of beating a drug possession charge in Municipal Court?

Defense of Drug Possession Cases in Municipal Court. 1. What are my chances of beating a drug possession charge in Municipal Court? Defense of Drug Possession Cases in Municipal Court 1. What are my chances of beating a drug possession charge in Municipal Court? The defense of a person charged with possession of Controlled Dangerous

More information

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW. Justice

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW. Justice YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Justice 1 This booklet is intended to provide general information only. If you require specific legal advice, please consult the appropriate legislation

More information

DUI DEFENSE A PRACTICAL APPROACH

DUI DEFENSE A PRACTICAL APPROACH DUI DEFENSE A PRACTICAL APPROACH Course Instructor Stacey M. Washington I. Introduction Is a DUI defense practice right for you? a. Factors to consider i. Emotions - Defending clients with possible abuse/addiction

More information

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

Connecting with clients through authentic interactions that not only satisfy their practical needs, but also their emotional

Connecting with clients through authentic interactions that not only satisfy their practical needs, but also their emotional THE FAMILY LAW PROCESS AND ITS REQUIREMENTS Connecting with clients through authentic interactions that not only satisfy their practical needs, but also their emotional wants.! 1. ARRAIGNMENT: Arraignment

More information

What is DOMESTIC VIOLENCE?

What is DOMESTIC VIOLENCE? What is DOMESTIC VIOLENCE? Domestic violence is a pattern of control used by one person to exert power over another. Verbal abuse, threats, physical, and sexual abuse are the methods used to maintain power

More information

a consumers guide to No-Fault Automobile Insurance in Michigan

a consumers guide to No-Fault Automobile Insurance in Michigan a consumers guide to No-Fault Automobile Insurance in Michigan No-Fault Automobile Insurance in Michigan The Michigan no-fault system was adopted in 1973 to increase the level of benefits paid to injured

More information

ACTION GUIDE November 2004

ACTION GUIDE November 2004 Here s How and When to Do It ACTION GUIDE November 2004 JUDGE S PERSPECTIVE Defending Your Client in a Misdemeanor Case (Including a DUI) Ron Albers The Honorable Fumiko Hachiya Wasserman Los Angeles County

More information

Rosenstein. How High Is Too High To Drive In Arizona? law group. Arizona s Strict Drugged Driving Laws Often Lead To DUI Convictions

Rosenstein. How High Is Too High To Drive In Arizona? law group. Arizona s Strict Drugged Driving Laws Often Lead To DUI Convictions How High Is Too High To Drive In Arizona? Arizona s Strict Drugged Driving Laws Often Lead To DUI Convictions A WHITE PAPER PRESENTED BY Rosenstein law group How High Is Too High To Drive In Arizona? Arizona

More information

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench Glossary of Terms The Glossary of Terms defines some of the most common legal terms in easy-tounderstand language. Terms are listed in alphabetical order. A B C D E F G H I J K L M N O P Q R S T U V W

More information

Standards and Requirements for Specialist Certification and Recertification

Standards and Requirements for Specialist Certification and Recertification Standards and Requirements for Specialist Certification and Recertification The following are Standards and Requirements for Certification and Recertification of lawyers as Criminal Law Specialists. The

More information

Subchapter 6.600 Criminal Procedure in District Court

Subchapter 6.600 Criminal Procedure in District Court Subchapter 6.600 Criminal Procedure in District Court Rule 6.610 Criminal Procedure Generally (A) Precedence. Criminal cases have precedence over civil actions. (B) Pretrial. The court, on its own initiative

More information

A GUIDE TO SUSPENSION & REVOCATION OF DRIVING PRIVILEGES IN NEW YORK STATE

A GUIDE TO SUSPENSION & REVOCATION OF DRIVING PRIVILEGES IN NEW YORK STATE DEFINITIONS sus.pen.sion n 1: Your license, permit, or privilege to drive is taken away for a period of time before it is returned. You may be required to pay a suspension termination fee. re.vo.ca.tion

More information

You need legal help to protect your livelihood, which requires you to drive every day. Call Mr. Singh right away at 916-939-5151.

You need legal help to protect your livelihood, which requires you to drive every day. Call Mr. Singh right away at 916-939-5151. What is Driving Under the Influence (DUI)? Vehicle Code Sections 23151 and 23152 are the drunk driving laws. VC 23152(a) makes it unlawful to drive a vehicle while under the influence of alcohol or drugs.

More information

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal

More information

California s Alternative Sentencing Law for Veterans and Members of the U.S. Military

California s Alternative Sentencing Law for Veterans and Members of the U.S. Military California s Alternative Sentencing Law for Veterans and Members of the U.S. Military You re a veteran, or maybe you re still in the military. But now you re looking at time in county jail or state prison.

More information

KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES

KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES I. MISSION The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce the

More information

42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties.

42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties. 42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties. (1) (a) It is a misdemeanor for any person who is under the influence of alcohol

More information

Juvenile Delinquency Proceedings and Your Child. A Guide for Parents and Guardians

Juvenile Delinquency Proceedings and Your Child. A Guide for Parents and Guardians Juvenile Delinquency Proceedings and Your Child A Guide for Parents and Guardians NOTICE TO READER This brochure provides basic information about family court procedures relating to juvenile delinquency

More information

DWI / DUI in North Carolina

DWI / DUI in North Carolina DWI / DUI in North Carolina 4th Fighter Wing Office of the Staff Judge Advocate 1600 Wright Brother Ave, Suite 265 Seymour Johnson AFB NC 27531 (919)722-5322 Current as of September 2014 The following

More information

Pennsylvania DUI Handbook

Pennsylvania DUI Handbook Pennsylvania DUI Handbook Published by: The Martin Law Firm, P.C. The Martin Law Firm, P.C. 725 Skippack Pike, Suite 337 Blue Bell, PA 19422 215.646.3980 www.jbmartinlaw.com Although DUI drunk driving

More information

WHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? 1. If I have an auto accident, do I have to stop? 2. What should I do if someone is injured?

WHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? 1. If I have an auto accident, do I have to stop? 2. What should I do if someone is injured? WHAT SHOULD I DO IF I HAVE AN AUTO ACCIDENT? 1. If I have an auto accident, do I have to stop? 2. What should I do if someone is injured? 3. How can I get help? 4. What information should I gather at the

More information

Matt Burress, Legislative Analyst Rebecca Pirius, Legislative Analyst Updated: September 2012. Traffic Citations

Matt Burress, Legislative Analyst Rebecca Pirius, Legislative Analyst Updated: September 2012. Traffic Citations INFORMATION BRIEF Research Department Minnesota House of Representatives 600 State Office Building St. Paul, MN 55155 Matt Burress, Legislative Analyst Rebecca Pirius, Legislative Analyst Updated: September

More information

BARTON COUNTY DUI DIVERSION PROGRAM GUIDELINES

BARTON COUNTY DUI DIVERSION PROGRAM GUIDELINES BARTON COUNTY DUI DIVERSION PROGRAM GUIDELINES WHAT IS DIVERSION? The DUI diversion program offered and supervised by the Barton County Attorney enables certain people to complete a performance plan rather

More information

CONSTITUTIONAL RIGHTS

CONSTITUTIONAL RIGHTS RIGHTS OF THE CRIMINALLY ACCUSED GENERAL LEGAL RIGHTS CHAPTER 10 INTRODUCTION Constitutional rights relating to American criminal law are the same for all adult persons, whether they have a disability

More information

DUI & APC 47 O.S. 11-901 Amended by Swezey Act & McGee Act There will be two versions of the statute come November 1.

DUI & APC 47 O.S. 11-901 Amended by Swezey Act & McGee Act There will be two versions of the statute come November 1. This summary is intended to highlight the major changes and provide a guid to penalties and such that will be in place effective November 1, 2011. DUI & APC 47 O.S. 11-901 Amended by Swezey Act & McGee

More information

A Federal Criminal Case Timeline

A Federal Criminal Case Timeline A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement

More information

DUI (Driving Under the Influence)

DUI (Driving Under the Influence) DUI (Driving Under the Influence) Driving Under the Influence (DUI) In Illinois, a person is considered to be driving under the influence when: The driver has an alcohol concentration on the breath of.08

More information

TAXI and TLC-Licensee CASES

TAXI and TLC-Licensee CASES TAXI and TLC-Licensee CASES A Guide to Your Hearing at the OATH Tribunal 40 Rector Street, 6th Floor New York, NY TABLE OF CONTENTS Taxi and TLC-Licensee Cases Heard at OATH.......3 Should I Get a Lawyer?.

More information