Differences Between A Dui Lawyer And A Criminal Law Attorney

Got a DUI or DWI? 3 Things You Need to Know

If you’re facing a DUI or DWI charge, you may be wondering how to deal with it. Many people wrongly assume that a DUI is a traffic offense when it is really a crime. Litigation occurs in criminal court, and you are being charged with a misdemeanor or even a felony, not a traffic ticket!

Here are a few things you should consider when charged with a DWI or DUI:

1. Finding a Good DUI Attorney might not be easy.

Attempting to find an attorney or lawyer can be difficult, especially for a first-time offender. If this is your first offense, you may choose to proceed without a lawyer, but a good lawyer can help you navigate the court system and see if a plea deal is available. If this is your second offense or higher, you definitely need the help of a lawyer. Look for a lawyer that specializes in DWI and DUI cases, and try to meet with at least two lawyers before you decide who to go with.

2. Figure Out How You’re Going to Pay your DUI fine and legal fees.

You’ll likely have two costs when facing a DUI or DWI conviction: court fines and legal fees. Make sure you’re prepared for both.  DWI fines in the state of Texas can which could be up to $10,000. If you’re unable to pay your DUI or DWI fines or penalties, it may result in jail time. Reach out to friends and family if you know you’ll have trouble with this part. You can pay them back later, but the judge will not take ‘later’ as an answer. If you’re worried about being able to pay legal fees, talk to your lawyer up front about the total costs for representing you. You may want to look into a legal protection plan, which can offer legal help at a lower cost.

3. Investigate Your Case and the Law.

You should also make sure that you were rightly charged. DUI charges are usually pretty irrefutable, but if your lawyer can help you find a loophole, or you were treated unfairly, you may be able to file a lawsuit to counter the charges against you. Your best chance of fighting a DWI or DUI is with a qualified attorney that specializes in these cases.

The most important piece to remember is that once you are charged with a DUI, you are a criminal in the eyes of the court. You need to be efficient in finding yourself a defense and be prepared. DUIs and DWIs are no joke, because driving under the influence could hurt not only you, but others on the road. Be prepared and professional with your case from start to finish, and use the charge as an opportunity to learn about yourself and your responsibilities as a driver.

Things You Should Do When Facing a First Offense DUI

Imagine this scene: you’re having happy hour cocktails with friends from work, and the night is winding down. You’re a little buzzed, but don’t feel drunk. You know you should probably not drive, but home isn’t far, so you decide to go for it.

You only get a few miles down the road when you see the police lights in your rearview mirror. The next thing you know, you’re being booked at the local police station for a first offense DUI.

It only takes a few critical decisions to join the ranks of 1.5 million people who are arrested for drunk driving every year.

When getting a DUI, it’s important to know what steps to take to ensure your rights are protected. Here are 5 steps you should take right away.

1. Stay Level Headed

If you get pulled over, it is crucial to keep your calm. While you probably won’t be able to talk your way out of a first offense DUI, being rude to the officer certainly won’t help your case.

Make sure to cooperate with the officer’s requests and directions. Legally, you have the right to refuse a breathalyzer test and the field sobriety test. Keep in mind, however, that the officer may still decide to arrest you for a DUI charge.

Refusal of these tests may eliminate certain evidence against you.

2. Contact an Attorney

After you have been charged with a first offense DUI, you will probably have to make court appearances. This is where you will face sentencing, and could be charged with fines, probation, or even prison time.

You will have the option to represent yourself in court, but this is not necessarily a good idea. An attorney will better understand your unique circumstances and can navigate the legal process.

Also, you should make sure to contact an attorney who has experience with DUI cases. Just because your buddy went to law school does not mean that they know how to help you with a DUI. With the consequences that are at stake, it is crucial to be represented by someone who knows how to get the best outcome for you.

Depending on the incident that led to the DUI, the case could go on for a long time. For instance, if there was a collision that involved another vehicle or property, you could be sued for personal injury or property damage. If this happens, the case could drag on for several years.

3. Get Your Story Straight

If you are facing a case that could take several years to resolve, you should make sure to get your story straight as soon as possible. You will likely be asked to give statements and multiple depositions. If details change from one deposition to another, it can make your testimony look weak.

  • Write Things Down

Do you remember what you were doing three weeks ago tonight? Probably not off the top of your head. You would likely need to consult your calendar or people who were with you.

For this reason, you should never rely on your memory to help you keep your facts straight when it comes to legal issues. You may forget minor details that seem minor to you, but that opposing counsel can latch onto.

Write things down like where you were, who you were with, what you did, etc. This will help you ensure that you are telling the truth with consistency.

  • Talk to Witnesses

If there were witnesses the evening you were out or in the vehicle at the time of the DUI, make sure to speak with them as well. Their testimonies will also be important.

In the best case scenario, what they remember can help you. But even in the worst-case scenario, it’s better to hear a testimony that will hurt your case before the fact.

  • Don’t Overshare

Whenever you are dealing with legal issues, it is important to be circumspect about who you share details with. For example, your coworkers do not need to know everything about your case. You should also avoid discussing details in public places.

Additionally, be mindful of what you share on social media. Even something that seems harmless, like sharing photos of nights out with your friends, could hurt your case. For instance, if your pictures frequently have alcohol in it, opposing counsel could use that as evidence against you, perhaps imply that you’re an alcoholic.

4. Understand the Consequences

As you get started with your case, it is important to know what kinds of consequences are at stake. Depending on the severity of the charge, you may face hefty fines or prison time.

In most cases, your license will be suspended for some length of time. You may also need to take an alcohol education or driver education course.

If you are mandated to do these things, you should always follow through. The more compliant you are, the more smoothly the process will go.

5. Talk to Your Insurance Company

Often, after a DUI, you will see your insurance rates go up. This is because insurance rates are based on how the insurance company evaluates the risk of having you as a client. If you are charged with a DUI, that will make you seem at higher risk of causing an accident.

Reach out to your insurance company to see what kind of rate increase you can expect. Also, find out if there is anything you can do to bring your rates back down. Sometimes a driver education course may help to lower your rates again.

What is an Aggravated DUI?

There are certain factors that, in the eyes of the law, make some drunk driving cases worse than others. These cases are called “aggravated DUIs” are come with a heftier punishment.

If you’ve violated any of these conditions, you may find yourself with a higher fine, a longer suspension, or a larger prison sentence:

  • Unusually high blood-alcohol content:

The legal limit in every state is currently 0.8%. Anything higher than that is grounds for arrest. Those who are caught with a BAC far higher than that may be considered for an aggravated DUI.

  • Children in the car:

Driving drunk with minors in your vehicle? The state is probably going to charge you with an aggravated case. In many states, driving drunk in a school zone is considered the same as having children in your car.

  • Several convictions:

The more offenses you have, the larger the penalty. Repeat offenders are treated as aggravated cases.

  • Driving extremely fast:

The judge will take your speed into consideration. Driving fast is considered to be aggravated behavior and you’ll be punished accordingly.

  • Driving without a license:

If your license has been revoked for a DUI or any other reason, you’re expected to stay off the road. Those who are caught drunk driving without a license will face some serious penalties.

Things To Know If You’re Facing A Dui Or Mip

Nobody is perfect, and we all have our moments of unfortunate judgment.  If you made some poor decisions over the holiday weekend and are now facing a DUI or an MIP, here’s what you need to know.

#1: An alcohol-related charge is NOT a conviction

Just because you’ve been charged with DUI or MIP does not mean you’ve been convicted.  Even with evidence such as blood alcohol content above the legal limit, it is still possible to strike a plea deal, negotiate a diversion whereby a conviction does not occur or even have the case dismissed, so don’t give up hope.

 #2: Contact an experienced DUI/MIP lawyer right away

Your best shot at fighting a DUI or MIP charge is to get an experienced lawyer on the case right away.  A lawyer can examine the details of your case, including your arrest record, and determine the best line of defense for your specific situation.

 #3: Mum’s the Word

With the exception of your lawyer, be careful about the people to whom you reveal details of your case.  Whether it’s the prosecutor asking you questions or a casual conversation with a friend, things you say could be used against you in court, and your friends and family could even be called as witnesses against you.

#4: Stick to the Rules

If your license has been suspended, then don’t drive, no matter how inconvenient.  Don’t go out drinking, and don’t be out in an environment where it could appear that you are.  If you think your behavior could be seen as questionable, then avoid engaging in that behavior.

Long-Term DUI Consequences

If you’re convicted of driving under the influence, don’t worry too much. You should, first and foremost, be thankful that you’re still alive. And, if no one else was hurt, you should be thankful for that, too. Each year, more than 10,000 Americans are killed in drunk driving accidents. Luckily, you still have time to get your life back.

The initial steps in recovering from a DUI conviction are overwhelming. They’re the biggest challenge in the whole process. As soon as you’re charged, the shock and fear will start to take hold. You’ll find yourself asking questions like:

  • Am I going to lose my job?
  • Is anyone going to insure me now that I have a DUI?
  • How much will insurance cost?
  • Will I ever drive again?
  • Can I travel internationally after getting a DUI?
  • What is my life going to be like now?

The consequences of drunk driving are well documented. However, people don’t know what life after a DUI is like until they live through it. If you’ve never been convicted of driving under the influence, it may feel like you’ll never recover. It’s possible to get back on your feet, though. If you stay strong while you manage the consequences of your conviction and seek treatment for alcoholism if you need it, you’ll be fine.

You’ll be back to living a normal life before you know it.

Criminal Defense Attorney Practice

How to identify a good criminal defense lawyer

What a Criminal Defense lawyer can do for you

A competent criminal defense lawyer can negotiate a plea bargain, prepare your case for trial, and craft the best strategy for your defense. If you’re facing a criminal charge, you should hire a criminal defense lawyer to help you understand the nature of the charges filed, any available defenses, plea bargain deals, and the consequences a criminal conviction will mean for you.

Why hire a Criminal defense attorney

If you are suspected of a crime or charged with a violation of law, you may require the services of a criminal defense attorney to present your defense or negotiate a penalty. As different rules and procedures exist for different offenses, you should seek a criminal defense attorney who has worked on your particular type of case to provide you with the best defense. An experienced criminal defense attorney knows what information the government will need to prove your guilt. The defense attorney will also know what information you need to prove your innocence, including whether there are any legal rules justifying your actions.

Things You Should Know About Public Defenders

Defendants have a constitutional right to an attorney. If they cannot afford an attorney, one will be provided. These are known as public defenders. While public defenders offer free legal representation, their results are often found wanting when compared to a private criminal defense attorney. Here are three things you should know about public defenders before you go to court.

1. Public Defenders are Often Overworked

Anyone facing criminal charges who can’t afford an attorney goes to a public defender. As a result, public defenders may receive hundreds of cases per week. Every single person under arrest needs a court trial, and most of them rely on a public defender, even for misdemeanors. One study found that most public defenders have triple or even quadruple as many cases as they can comfortably handle.

Public defenders rarely have the time necessary to build a strong defense. Moreover, they can’t specialize in any one area of law because they represent any case that comes through their door.

2. Public Defenders are Assigned

As the now-infamous saying goes, “You have a right to an attorney, you don’t have a right to a specific attorney.” In practice, that means defendants are stuck with the public defender they’re assigned.

If someone doesn’t believe the public defender is acting in their best interest or devoting resources to their case, their only alternative is to hire a private attorney. Private attorneys give defendants the freedom to “shop around” and find the legal counselor who can best represent their case.

3. Public Defenders Get Worse Deals

Studies have found that public defenders are significantly less likely to get a not-guilty verdict. In the case of a deal or plea bargain, people represented by public defenders are more likely to get longer sentences and tougher probation criteria than private defenders.

How to identify a good criminal defense lawyer

Reputation:A good crime defense attorney will be known for his reputation in the community. A reputable lawyer is one who has handled difficult or high-profile cases and has a higher ratio of wins as compared to other lawyers. A good lawyer’s reputation for success will most certainly precede them.

Experience:

When it comes to finding an expert, experience matters especially when your life is at stake. Serious crimes can be handled with ease by an expert criminal defense lawyer. Handling a crime case in the trial room can very tricky and difficult task. Apart from the detailed knowledge of the legal terms and processes, the lawyer must have dozens of cases under is or her belt. This gives them experience and expertise to understand the tricks and pitfalls of trying various types of cases.

Research skills:

The attorney that you hire should have good investigation skills. This skill is very important as it is often the minute, unnoticed details that can make or break a case. He should be able to spend hours researching information for his clients. Also, he should be aware of where to look for right kind of information, so their research is accurate and backed up by the authority of the source. A good investigation and research help in building a solid defense.

Analytical skills:

Apart from putting in hard work, your lawyer should possess analytical skills to analyze the information collected. He should have a sharp mind so as to make quick decisions and arguments in the courtroom.

How to identify a good criminal defense lawyer is easy if you look for the above-mentioned attributes in your shortlisted attorneys.

Check out their client feedback and ratings:

One of the best ways to gauge how an attorney will treat you is by looking at how they have treated others. Past client testimonials and scores from professional ratings organizations such as Avvo can provide an invaluable look into a lawyer’s character and reputation. If others have praised them for their work, they will most likely offer you the same level of service.

Retain a dedicated defense attorney:

While most firms claim to “handle” criminal defense cases, some firms only dedicate a small portion of their practice to criminal defense and have less experience than in other areas of law. When your freedom is on the line, you cannot afford to go with an attorney who only dabbles in criminal defense. Attorneys that have dedicated a large portion if not their entire practice to criminal law will be better equipped to defend you against the prosecution’s claims and maximize your chances of success.

Stay away from public defenders:

While public defenders are almost always the more affordable option, they are frequently inexperienced and overloaded with cases, meaning they will not be able to dedicate the necessary amount of time your case deserves. A private attorney will have a much greater investment in the outcome of your case and will be able to provide a superior level of dedication.

Get References

Experienced and qualified lawyers will have one thing in common regardless of their differences in law: They will have lots of happy former clients who will have reviewed them favorably online.

It will be extremely helpful to you if you can read reviews from past clients. Getting this kind of information from those who have previously worked with your potential lawyer can be invaluable in the decision-making process.

Look for Confidence

An experienced lawyer should know the legal system well enough to know how things turn out and what a time frame looks like for different parts of the case.

While many factors, including whether a case will even go to trial, cannot be known up front, it’s a good idea for the lawyer to know the tendencies of the prosecutor’s office when it comes to making deals.

A possible outcome of a criminal case is the prosecutor making a deal with you, so it helps to have a lawyer already familiar with what kinds of deals are offered and under what circumstances.

In short, look for someone who knows enough to be confident about their abilities, but who is not so blinded with those abilities that they make promises they cannot keep.

Reasons To Hire A Family Law Attorney

When to Hire a Family Law Attorney

Divorce is an unpleasant reality for many families. Marriage doesn’t always work out in the long term, often for reasons that are out of your control. Because society as a whole understands the circumstances that precipitate divorce, gone is the stigma that existed in previous generations.

However, this doesn’t mean that getting divorced is easy. Even when both parties agree to the split, even when the divorce is amicable, it is very difficult to untangle two lives that have grown together over many years. Property, spousal support, children, and other complicating factors make many a divorce tricky and disheartening.

That’s why hiring a good family law attorney is important. In a time in your life when you are least able to make life-changing decisions, and when you are most out of your depth when it comes to the complex legal matters of divorce, a trusted attorney may be your single greatest asset.

Some couples try to work out their differences between themselves without involving attorneys, but this almost always backfires. It’s important to realize that divorce is bigger than the interests of either partner, or any individual child.

If you’ve never been through a divorce yourself, or have not observed this event in the lives of those close to you, here are some of the vital ways that family law guides the outcomes of divorce. There is more at stake than you might realize.

What to Look for when Hiring a Family Law Attorney

When looking for a San Antonio family law attorney, you will certainly find that there is no shortage of options available. However, what you want is the best lawyer for you. There are certain qualities that a strong family law attorney is going to have that sets them apart from the rest.

Look for these qualities when making your decision:

  • He or she has vast experience dealing with cases similar to yours;
  • They genuinely listen to your needs and concerns and provide solutions based on those needs;
  • The attorney make you feel comfortable and help put your mind at ease;
  • He or she has a plan for your case and keeps you informed every step of the way.

If the family law attorney that you speak with has all of these traits, then they may be the right lawyer for you.

5 Questions to Ask a Family Law Attorney You’re Considering Hiring

To help you better determine whether the lawyer you are speaking with has the previously mentioned qualities, ask them the 5 following questions:

  1. How long have you been practicing family law?
  2. Have you dealt with cases like mine before, and how so?
  3. Are you the attorney who will be handling my case?
  4. What sort of payment options do you offer?
  5. What expertise do you bring to my case versus another attorney?

In addition to these questions it’s also a good idea to write down any other questions you may have when having an initial consultation. You want to make sure that you feel comfortable with the family law attorney handling your case, so it’s best to get answers to all of your questions up front prior to making a decision.

Choosing legal representation doesn’t need to be difficult, but you do want make sure that your lawyer has your best interests in mind above all.

Benefits of Hiring a Family Law Attorney Who is Also a CPA

Many individuals going through a divorce choose to hire an attorney to represent them. However, choosing the right attorney can be a difficult and very selective process. Hiring a family law attorney who is also a Certified Public Accountant (“CPA”) can give you the extra boost of confidence to know that you are being represented by someone with the proven ability to handle the complex financial aspects of your divorce.

A CPA is the title for someone who has been licensed by the state as a certified public accountant. In order to become licensed, the individual must pass the Uniform Certified Public Accountant Examination, meet high educational standards and complete the state certification requirements for a specified amount of general accounting experience.

CPAs are known for being extremely savvy with numbers, highly analytical, detail oriented and having excellent math and communication skills. These attributes are highly advantageous for a family law attorney to have because divorces are typically full of number-crunching issues that require a high level of analysis and detail-oriented focus such as dividing significant assets and debts, property tracings, business valuations, and support calculations to name just a few.

The extra skill set that an attorney who is also a CPA has is highly advantageous to any client going through a divorce. For example, the attorney is likely to successfully resolve a case in a more timely and cost effective manner, thus saving the client attorney fees. An attorney who is also a CPA can analyze the various number-related issues that are prevalent in divorce cases at a much quicker rate than most other family law attorneys. For example, an in-depth analysis of your tax returns will be done faster than most other attorneys because CPA are more familiar with tax forms and have a knack for dealing with numbers.

Why Hiring a Family Law Lawyer

Some parties believe that they can adequately represent their own interests; however, they soon learn that this is a mistake. Some of the reasons why hiring a family law lawyer is preferable to pro se include:

Civil Procedures

From the very beginning of a court case, complicated procedures are initiated. If a party wants to move the court to do something, he or she must submit a complaint or similar document. This complaint must be formatted in a specific way or it may not be accepted by the clerk’s office. Additionally, the complaint should be detailed enough to explain what the party is asking for and wants the court to order. If certain requests are not made, the court will not grant them on its own. There are also complex rules regarding how the other party must receive notice of these documents. If these rules are not strictly followed, the complaint can be thrown out and the entire process must be initiated again.

Understanding of the Law

A lawyer usually has a better understanding of the law when compared to a lay person without a legal background. Lawyers spend years in law school and in practice. Lawyers who focus primarily on family law usually have a better understanding of the state and local laws regarding custody, guardianship and other family law matters. He or she can use this understanding to try to convince the judge to rule in a certain way.

Understanding of the Other Characters

Additionally, lawyers that practice in a certain area tend to have established relationships with other legal professionals, including lawyers, judges, paralegals and secretaries. Pro se litigants are often unknown. They may not know what to expect of a judge or how he or she perceives a particular issue. Other lawyers may not be as willing to work with a pro se party than they would with someone with whom they are already familiar. Additionally, the child may have a lawyer that is looking out for the child’s interest, usually called a guardian ad litem. Having a working relationship with these professionals can also be important in cases concerning children.

Evidence

During proceedings in a family law matter, it may be necessary to submit evidence regarding the child. This may include evidence related to the child’s grades in school, performance, therapy, social functions, medical history or other matters. There may also need to be evidence related to the child’s parents that is submitted, such as communication between the parents, information related to the parent’s criminal background, information related to domestic violence or other important matters. Presenting this type of information is not a simple process. It requires a clear understanding of the rules of evidence and how they apply. Complicated issues regarding medical privacy rights, hearsay, hearsay exceptions and other matters may arise that can block the admission of such evidence.

Legal Assistance

Many individuals who decide to represent themselves pro se do so because they do not want to spend the money on a lawyer. However, not hiring a lawyer can cause costly mistakes that exceed the initial expense of hiring a lawyer. Additionally, a case may be permanently and adversely affected by the actions of a party who is not represented by competent legal counsel.

When You Should Hire Child Custody Lawyers

To help you make a wise decision, here’s a look at the three most important factors you must consider before you decide to hire a child custody attorney to take your case.

Before You Hire Child Custody Lawyers

  1. Consider Your Financial Resources: When deciding whether to hire a child custody lawyer, the most important consideration is the availability of financial resources. The retainer for a child custody lawyer can be quite expensive, depending on a number of factors including how many hours it may take to resolve the case, as well as the state in which you live. When considering whether to hire child custody lawyers, ask about the anticipated costs upfront. If you reach the conclusion that you are unable to afford a private attorney, remember that you still have options. You may be entitled to free legal aid or low-cost representation through the family court. In some jurisdictions, the court may base your entitlement to free representation on your current income.
  2. Weigh the Complexity of Your Case: Typically, parents are advised to hire child custody lawyers when facing a difficult or complex child custody issue. For example, interstate child custody cases are usually considered complex. If you are facing a difficult custody case and you feel unsure about representing yourself, you should consider hiring a child custody lawyer who specializes in complex legal issues and has experience in family court. If you decide to represent yourself during your child custody hearing, being well prepared will give you the best chance of winning child custody. If you’re not sure where to begin, start by reading up on the child custody laws in your state.
  3. Consider the Attorney’s Reputation: Many parents decide to hire a child custody lawyer based on the attorney’s reputation for winning child custody cases. Look to hire a child custody attorney with experience handling similar cases. And don’t be shy about asking for references! This is likely the most important case you’ll ever face in your life, and you have every right to investigate the attorney’s reputation before signing on the bottom line. If you are eligible for low-cost or free representation, be extra picky about the attorney’s reputation for winning child custody, especially contested cases that require representation in court. be sure to ask any prospective child custody lawyer about his or her strategy for winning a child custody cases, too. (This is not rude—it’s what it takes to win.)