Possession of Cocaine

by dbking

Suspected of or Charged With a DUI or Drug Offense?

Answers to Frequently Asked Questions

By Adam G. Burke, Attorney

www.adamgburke.com

Whenever you have a legal question it’s a good idea to contact an attorney.

Many criminal defense attorneys or criminal defense attorney law firms are happy to answer your questions and even provide a free initial consultation. But be sure to ask about this before you schedule an appointment.

Yes. If you have been charged with an offense or if you think you are suspected of an offense you always have the right to remain silent. This is true even if you are not under arrest and law enforcement has not read you your rights.

No. Far too often, defendants in criminal cases believe they can talk their way out of a case by giving a reasonable explanation.  Others feel that if they are cooperative and come clean they will be given credit for doing the right thing.

Unfortunately, most people who talk to the police wind up making statements that help law enforcement prove the case and pursue a stiffer sentence.

If you are absolutely certain you have not committed a crime and you believe you may have information that is useful to the police, you may want to speak to them.  If you have any doubt whatsoever talk to your attorney and not the police.

Most people know from watching crime dramas involving the police and crime lawyers (e.g., Law & Order, CSI, etc.) the police usually read defendant’s their rights when they are arrested.

This is because the United States Supreme Court has held that the police must read defendants’ 5th Amendment (also know as Miranda) rights before conducting a custodial interrogation.

In other words, any time the police ask a potentially incriminating question of persons in custody they must read defendants their rights.

It depends. Drug charges range in severity from minor misdemeanor offenses to high level felonies.  The penalties can range from a simple fine to many years in prison.  The degree of the offense and the corresponding penalty are generally related to the quantity of drugs the police have seized and believe they can tie to the person charged.

Even if the offense you are charged with is a misdemeanor, the consequences of a conviction maybe severe. Such consequences may include a driver’s license suspension, disqualification from financial aid or employment and even jail time.

A competent drug possession or drug trafficking attorney can help you limit or avoid these consequences.

In Ohio, a DUI is called an OVI (Operating a Vehicle Under the Influence) and it is usually charged as a first degree misdemeanor.  On your ticket it may read as an “M1.”

A person with four or more OVI convictions in six years or a person charged with six or more OVI convictions in 20 years will be charged with a felony.

Preparing a felony defense in a drunk driving case can be challenging because the prior convictions are admissible as an element of the offense.  Even with little other evidence in the felony case, a jury will be tempted to consider a guilty verdict based on the prior convictions.

In almost all drunk driving cases, it is important to have representation by a competent Ohio DUI lawyer.

The laws and regulations governing drunk driving in Ohio are extremely complex.

Ohio DUI lawyers help clients through the mountain of rules and regulations surrounding field sobriety tests, the administration of blood, urine, and breath tests (aka breathalyzers) and driver’s license suspensions.

Yes. Defendants charged with an OVI will suffer an immediate ALS (Administrative License Suspension). This includes a so called “hard suspension” which prohibits driving or getting driving privileges until the hard suspension expires. For a person with no prior convictions the hard suspension lasts 15 calendar days.  After the 15 days, driving privileges are permitted but left to the discretion of the judge.

If you are charged with an OVI in Ohio you have the right to a hearing on the ALS Suspension within five business days.

If your first court date is set more than five business days after the date of the offense the license suspension is invalid and your DUI attorney law should advise the court and have the suspension lifted.

Your attorney may ask the court to delay the enforcement or “stay” the ALS suspension.

This determination is left to the individual judge calling your case.  If you have no prior OVI charges and if there was no accident, a DUI attorney in Columbus, Ohio will generally be successful in obtaining a stay of the ALS Suspension.

Outside of Columbus, an attorney’s success in getting a stay of the ALS Suspension will vary by the jurisdiction and the judge.

Probably not, but it depends on the court system where you were charged.  A competent DUI lawyer in Columbus, Ohio may be able to get your license suspension shortened to six months or better if you have no priors (and if your case is resolved within six months).

Three hours.  However, the police should have given you the opportunity to take the breathalyzer and refuse the test within the first two hours of being arrested. If you were not given that opportunity and you refused the test, then the license suspension is not valid.  Your attorney should be successful in challenging the suspension so you can drive again.

Drug Possession: Car Jacking Fail – Driver Fights Back

A carjacker took a beating on his first attempt at a Sonic restaurant early Tuesday morning, but later succeeded in stealing a woman’s vehicle, deputies said. Authorities issued a warrant for James M. Williams, 23, of 21121 Little Lake Thomas Drive in Land O’Lakes on two counts of armed carjacking. Surveillance video from around 3:30 am at the Sonic at 2320 Bearss Ave. shows a man deputies identified as Williams approaching the driver’s side window of a Chevrolet pickup truck in the drive-thru lane with a large stick. He demanded the driver get out, then began striking the driver with stick when the driver tried to pull away, according to the Hillsborough County Sheriff’s office. The driver slid out of the passenger side, but got back in when Williams hopped into the driver’s seat. The driver began kicking Williams in the head until he got out, deputies said. Williams got away, sans stick. But then, just before 4 am, Williams beat a woman with a tree branch until she got out of her vehicle 2 miles north of the Sonic. Her vehicle later was found abandoned at a Circle K on Hale Road and US 41 in Pasco County. Neither victim was seriously injured. Williams served seven months in prison in 2007 on car theft and drug possession charges. Anyone with information about this case can contact the Hillsborough County Sheriff’s Office at (813) 247-8200 or Crime Stoppers at 1 (800) 873-8477.

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