It may not be enough to get to the prison box in the United States. So, here are some useful information as well as some fundamental rights and obligations to know when one is likely to end up on the wrong side of the bars.DUI lawyer, DUI attorney
1 / The arrest, how does it work?
The mere fact that a policeman stops you on the street or on the road does not mean you're going to end up with the handcuffs at the nearest police station. It is thus necessary to differentiate between the stop and the arrest.
The Stop
A stop differentiates first from an arrest because it must be of short duration. Concretely, if the policeman guards you 1:25 on the side of the road, it is no longer a stop, but it could be an arrest (or flirting).
Moreover, in the case of a simple stop, the person and the agent must remain in place: if the agent invites you, even very courteously, to get into the car with the flashing lights after a long discussion and checks Various, it smells a little scorched.
The arrest
The police officer making an arrest must state the rights of the person before proceeding to his interrogation. This statement is commonly referred to as the Miranda Warning or Miranda Rights, according to the decision of the US Supreme Court: Miranda v. Arizona dating from 1966. In this warning it is stated:
That an arrested person has the right to remain silent,
That whatever she tells the police can be and will subsequently be used against her in court
That the person arrested has the right to be represented by a lawyer and that if he can not afford it, a lawyer will be provided to him (public defender).
The police officer must ensure that the arrested person fully understands this warning and his / her rights. After that, he will ask her if she wants to speak.
The arrested person has every interest to invoke the rights set forth in the Miranda warning and to say nothing, nor to answer questions from the police except of course to decline his / her identity, age and address. Very important, the police must stop questioning once a person invokes his rights (Miranda Rights).
The notice to appear
In the event that a person is suspected of having committed a minor offense, he may be given a Notice to Appear, requesting him to appear before the court on a certain date rather than being detained.DUI Attorneys
On the other hand, if:
- The person refuses to identify with the police officer,
- The police officer has reason to believe that leaving the person at liberty is a risk to himself or to a third party,
- The person has no ties with the American community,
- The police officer suspects the person of being sought in another jurisdiction, or
- It appears that the person has already refused to respond to a Notice to appear or has not respected the terms of his release before trial in another case.
- So in these cases, direct the post.
2 / Imprisonment
The booking process is carried out at the police station by a booking officer.
This police officer will re-examine the facts to determine once again whether a Notice to Appear is more appropriate than incarceration.
Factors that are relevant include:
- The residence of the person and the lifetime in the American community.
- Its family ties of the person in the community.
- His / her employment / work history.
- His mental condition.
- His previous convictions.
- The history of his appearances before the court.
- The person may be questioned: again, she has the right to remain silent until the arrival of her lawyer, if he has invoked her Miranda Rights during her arrest. Body search is possible, taking fingerprints and photo as well.
It is only after these formalities, that the arrested person will be placed in a cell.
3 / Release - the surety
The rule is that the person in custody must appear before a judge within 24 hours of arrest. This hearing is called First Appearance.
During this hearing, the judge sets out the charges and determines whether the police had a valid reason for arresting the person. If so, the judge asks the person whether he wishes to be represented by a lawyer, and if so, whether he intends to hire a lawyer or, in the absence of resources, prefers to have him A Public Defender.DUI Lawyer
It is also during the First Appearance that the judge addresses the question of the surety.
Indeed, in the United States, an arrested person can be released in exchange for a bond.
It should be noted that this deposit system does not apply all the time:
Sometimes there is no guarantee for a crime.
There is no bail or Pretrial release possible in capital cases where the accused incarcerates life imprisonment or the death penalty.
Once the deposit is determined, the person can contact either a private company, a member of his family, to arrange the payment of this deposit (the famous phone call).
Will not come?
In order to determine its amount, the judge must be satisfied that the accused will appear spontaneously in court as required.
If the court determines that the count is not a serious offense, that the accused will appear in court as required, or that there is a person in the entourage of the accused who will guarantee his or her appearance Before the court, the judge also has the option of releasing the accused without bail. In this case, we talk about Release on Your Own Recognizance (ROR).
4 / The D.U.I
If you forced on the Mojitos at the aperitif on Friday night, and you persist in wanting to take the wheel to take a nap ... know this:
The police generally do not arrest drivers at random on the road, depending on their mood or at the head of the client. However, at the time of a stop for a violation of the Highway Code, it may suspect the driver's intoxication.
And what could have been a trivial offense without consequences could turn into a much more serious offense ...
The state of intoxication is established:
- By means of a Breath test or Breathalyzer
- By an analysis of urine or blood later,
- By demonstrating that the driver's physical abilities were weakened: the Field Sobriety Test.
- DU.I, alcohol and driving in the United States
- The Field Sobriety Test:
- The police ask the driver to perform a series of exercises, mainly balances that will betray (or not) the condition of the driver. The person may refuse this test. In some locations, a breath test may be performed at that time if a portable machine is available.
- The police can perfectly combine these tests if she suspects a Captain Haddock counter boyfriend.
The consequences
Permit Suspensions: Refusal to submit to a breathalyzer test (or urine or blood test), or the subsequent determination that the driver's blood alcohol level was 0.08gr / 100ml of Blood and more, results in the administrative suspension of the driver's license for a period of 6 to 18 months. The person concerned may challenge the decision, within 10 days of the suspension, before the Department of Highway Safety and Motor Vehicles (DHSMV).
In addition, a case of DUI resulting in a criminal conviction automatically entails a suspension of the penal nature this time.
Arrest: If the police have enough evidence of a driver's intoxication to arrest him, the Miranda warning must be recited to him. The person will be taken to the police station for a breath test, or in the event of an accident with injuries, may be taken to a hospital where a blood test will be performed. In some counties, the arrest process for a DUI is recorded on video and the accused is entitled to a copy of that video.
For more information on the sanctions of the D.U.I: