Showing posts with label Criminal Defense Attorney. Show all posts
Showing posts with label Criminal Defense Attorney. Show all posts

How to Analyze a DUI Incident Report From a Defense Perspective

After a police officer arrests someone for a DUI they will write a police report. I've seen this called a police narrative, or incident report also. Basically it just documents the driving, documents the arrest, and provides any other relevant observations the police officer made regarding the interaction with the driver. Typically this report is 3 to 4 pages, and is sent to the Prosecutors office. Once the Prosecutors office receives the report they will determine whether or not to file criminal charges. If charges are filed then the police report is given to the Defense Attorney in the case.
Because of the redundancy in police reports, its important to have a system in place to review and analyze it to determine whether any legal issues exist. Obviously additional investigation needs to be done to fully investigate the case, but the initial review of the police report will most often give the DUI Attorney a direction in which to concentrate.
The system I use is very simple. Once I receive the police report I will sit down with a legal pad and write down 6 headlines. These are: Driving, Initial Contact, Statements, Exit, Field Sobriety Tests, Breath or Blood test (depending on the case). Now this is very similar to the topics I create when preparing a cross-examination for the arresting officer. So by knocking this out early on and identifying any legal issues in the report, I can easily transfer notes to the cross-examination or have an idea on how I want to structure the questions.
After I have written down the headlines, I start going through the police report. Lets take driving for example. I will write down what the basis for the stop was. What the police officer observed by the driving. Whether the driver was cited for any infractions. Whether there was an accident involved. Once I get the reason for the contact down, I will start to look for what the Officer didn't write down. If the driver was stopped for speeding, was there any weaving within the lane? Was there any crossing or swerving? Was there any erratic driving? Did the vehicle lawfully pull over? Did they use their blinker and come to a complete stop?
The idea is to look for every little thing the Officer didn't notice. Then decide whether based on all of that was there a lawful basis to initiate the stop. I continue to go through the report for each headline or topic, and always ask the same question. Was there enough to ask the driver to exit the vehicle based on the initial contact? Was there enough evidence to arrest the driver based on the driving, initial contact, and field sobriety tests?After I have thoroughly reviewed the report and identified any legal issues, I now have an idea about the direction I see this case going. Whether thats negotiation or litigation.
If you're charged with a Seattle DUI, dont wait to hire a Seattle DUI Attorney. Its of the utmost importance that your constitutional rights are protected by a DUI Lawyer.
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Knowing More About Criminal Defense Attorney - Law Personal Injury

While many people think may never have to tangle with the law, criminal charges can be leveled against anyone, and the services of a criminal defense attorney can be invaluable. Even if you have minor criminal charges such as reckless driving or misdemeanors, an attorney who specializes in criminal defense can safeguard your rights and keep you out of jail.

If you have never been involved in a criminal case before, you may not know what kinds of services a criminal defense attorney can provide. Before you find yourself facing a judge without representation, here are some types of criminal charges that a qualified defense lawyer can help with.

Domestic ViolenceDomestic violence charges can often be very complex legal issues. Accusations of domestic violence can create many problems in the family, but a knowledgeable and compassionate criminal defense lawyer can help sort things out. An experienced criminal defense lawyer will not only know all the finer points of law in regards to domestic violence charges, but a criminal defense attorney also knows how to resolve domestic violence cases so everyone in the family is safe and free.

Parole and Probation

Defense attorney knows how to negotiate with even the strictest and toughest parole and probation officers. In addition to representing alleged violators at Probation or Parole Violation Hearings, The attorney help people on parole and probation and obtaining "revokes and restores" for his clients:

Driving while intoxicated (DWI)

DWI lawyer provides his services as a defense attorney for the accused in a DWI case. The lawyers stand by the client through the entire ordeal from the arrest to bail till the arraignment hearing. Some of the areas where the New York DWI lawyer provides his services include the following:

Protect the seizure of the clients' license.

In case where the license is suspended they the help acquire a conditional or hardship license to their clients.

Ensure that the client's vehicle is not suspended and provide them with legal aid with DMV hearings.

To make sure that the client is pressed with minimum charges.

Drug Charges

Criminal drug charges can seriously impact a suspect's freedom and future, but a qualified criminal defense attorney can keep drug charges from ruining your life. In drug arrests, law enforcement must strictly follow search and seizure procedures so that they don't violate your civil rights. An attorney will fight to protect your rights and challenge law enforcement if they didn't follow procedure.

Criminal Records

If you had criminal charges filed against you as a minor, you can get your criminal records expunged, or wiped clean, once you turn 18. Under certain circumstances, even adults can get criminal records expunged from public record. A qualified lawyer knows all the legal procedures to get your criminal records sealed or expunged.