Sacramento DUI Case And Miranda Rights
We have all seen and heard it a million times now. Miranda Rights are essential when a law enforcement officer arrests someone. It is basically a warning that the suspect will need to hear before being questioned by the police. That way, the defendant will get a chance to remember his or her legal rights and that they are protected by the Fifth Amendment of US Constitution. Furthermore, the case will be dismissed in court if the arresting officer did not issue that Miranda warning to begin with, which could be used by the attorneys to the defendant’s benefit.
With that said, it is important to understand that law enforcement officers themselves do not have the right to convict or charge a person just because they believe that he or she was driving under the influence. The police are there to arrest you. Case files will then be redirected to the prosecutors who determine if there is enough evidence for the case to go to court. The prosecutors determine if a person is guilty or not. Hence, it is very important, crucial even, to make sure that you have a qualified, experienced legal representative by your side all the way through the legal process. Furthermore, it is also important to keep in mind that you should not talk to the police or answer any of their questions during the time of the arrest. Anything that you do say may and will be used against you in a court of law. Just remember your legal right to ask for an attorney as soon as possible. Only a genuinely qualified lawyer will have what it takes to ensure you are progressing in the right direction.
A good DUI attorney will get in touch with the law enforcement department as soon as possible and will begin to collect all the evidence that would help with case dismissal. This is why it is so crucial to hire a skillful lawyer with plenty of experience as they will be familiar with the police department and how it operates. Some of those attorneys also have managed to establish positive working relationships with the police and will therefore get what they need quicker.
Hence, the attorney will review what has occurred during the time of the arrest. Furthermore, he or she is also going to establish if there was any probable cause for the law enforcement officer to pull you over in the first place. The lawyer will be looking for loopholes that could allow you to avoid a harsh legal sentence or will get the case dismissed right there and then.
The legal representative will get in touch with the prosecutors as well. That way, he or she will have a chance to inform the prosecution about all the evidence, which is pretty much useless and does not correspond with legal requirements. The attorney will inform the prosecution that filing any formal charges against that person is not merely a waste of time – it is also a huge waste of resources. This is why a good lawyer can handle things quickly – s/he would have an established working relationship with the prosecutors as well.
Given just how devastating DUI charges may be, odds are, you are interested in avoiding any dangerous legal consequences. After all, you risk losing your driver’s license for a very long time, and all of the hefty fines. You may be required to attend special alcohol or drug awareness classes, and perform community service. Moreover, you could be required to install an ignition interlock device inside your vehicle. Finally, if someone got hurt or you damaged some property, there is a real chance that you will be sentenced to county jail or even state prison, depending on the circumstances.
Hence, the need for a qualified and experienced DUI legal representative is pretty obvious and you will have to get in touch with a good law firm with an impeccable reputation to ensure that everything possible is done to help you avoid the harsh consequences. A good attorney will have what it takes to negotiate the sentence or even to get the case dismissed, which are great results so you have to make sure that the lawyer knows what he or she is doing.