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Miranda Rights in a Los Angeles DUI Case

  • September 4, 2017

    Miranda rights include a warning that is given to an individual who has broken the law. The warning is given by the police before questioning. The main aim of the warning is to make sure that one knows their constitutional rights before they start answering questions. The evidence that is given to court may be rejected if the police officers do not issue the required warning. This could help the suspect in the case. No one has the right to incriminate themselves under the Fifth Amendment of the US Constitution.

    The police do not charge or convict someone after arresting them for driving under the influence. The officers only arrest a person when they suspect that he or she was drinking under the influence. The case is then forwarded to prosecutors for determination. The prosecutors determine whether the individual is guilty or not. It is important for the person to look for a DUI lawyer immediately. The person should not answer the officer’s questions during the time of arrest because the police may use his or her words against him or her in court. A criminal lawyer helps the person to ensure that the charges are dropped before they are filed.

    The attorney contacts the police department to drop the charges or submit the evidence that they have against the suspect. The attorney gathers information immediately and efficiently because they know the police officers and are familiar with what happens in the police department. The important thing in getting a lawyer is that most of them have good working relationship with the police department. The police co-operate in giving out the relevant information that the attorney needs.

    The attorney goes through the reviews and determines what happened during the time of arrest. They also find out why the officer believes that the evidence is enough to charge the person with formal DUI. The attorney looks for the holes in the legal process and determines the arguments and weaknesses that the prosecutors can make during the time of the hearing.

    The attorney contacts the prosecutors before the formal charges are filed against the suspect. The lawyer informs the prosecutors about the weaknesses that are in the case and provides important arguments that prove that pressing the formal charges against the arrested person is a waste of time. The lawyer also explains to the prosecutors that subjecting the person to the formal charges is also a waste of resources. It is important to note that the attorney has a good working relationship with the prosecutors. This is essential because they get to find them easily with the aim of talking to them about the case.

    Attorneys have extensive knowledge of criminal justice. They can also make specific arguments and have good strategies in determining the natures of each prosecutor. DUI charges are severe in Los Angeles. This is the reason why it is important to hire an attorney during the time of arrest. It is the best thing to do.

    The license of a person may be suspended for not less than 30 days. One can also face criminal charges that involve three processes. A person is first brought to arraignment. The second thing is to enter a plea. The last thing is to proceed with the trial process. The lawyer can negotiate with the responsible authorities before it arrives at the trial process. A lawyer is able to underestimate the rights of the officers who arrest a person. An attorney submits strong evidence of how the rights of their client were violated during the time of arrest.

    The penalty for DUI is severe. It includes jail, court costs, fines, education/treatment programs, limited driving privileges, and a suspended license. One can get injured during the suspected driving under the influence. The prosecutor may also be very harsh. A good attorney works hard to reduce the severity of the case even if his or her client is convicted. It is important for an individual who has been arrested for DUI before to practice careful driving because the second and subsequent penalties for driving under the influence are more than the first case. Winning the case of DIU is possible. This depends on the expertise of a lawyer.

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