5 IMMEDIATE STEPS TO TAKE AFTER A DUI ARREST

Being arrested and charged for any criminal offense can cause great disruption in your life. When that charge is for driving under the influence (DUI) of drugs or alcohol, there are a number of consequences and penalties that can accompany the fines and possible terms of imprisonment accused individuals face. As such, it becomes important for anyone charged for DUI in Florida to take the right steps as soon as they can.

At Boswell & Dunlap, LLP, our Polk County criminal defense lawyers have extensive experience representing clients charged with a range of DUI offenses. When arrests take place, we always advise that local residents seek legal counsel and assistance as soon as possible. Not only can this ensure the right steps are being taken and any timelines met, but it can also provide the experience and insight needed to create an effective defense that seeks to mitigate or eliminate the charges and penalties defendants face.

While our legal team is readily available to help after you or someone you love has been charged for driving under the influence, we still want to provide some important information that can help you navigate the aftermath of an arrest and protect your rights and future. Here are a few important steps to take.

1. Write everything down – Following an arrest, it is in your best interests to record as much as you can remember regarding the details leading up to your arrest as soon as you can. This is because memories can become hazy over time. By writing down all details you can remember, including the location for your stop, the officer’s reason for stopping you, any administered tests, and other elements of the investigation, you can provide yourself and your attorney with information that may be important to your defense, and which can be used in your favor.
2. Know the charges you face – Understanding the charges you face, as well as the penalties they pose, is essential to knowing what’s at stake. In some cases, drivers may not feel that DUI allegations are serious enough to warrant much attention or the help of a lawyer, but this couldn’t be further from the truth. In fact, DUI offenders in Florida face some of the harshest penalties in the nation, as well as related expenses and consequences that can impact them in the long-term. This is true even in cases where drivers are charged with a first-time DUI. In cases involving prior offenses or aggravating circumstances such as high BAC levels, accidents, or injuries, the charges and penalties can be elevated exponentially. In a previous blog, we discussed some of the facts that can lead to felony DUI 

   charges, as well as the severe penalties they entail. Serious charges, and especially felony charges, demand the attention of proven lawyers.

3. Know your rights – It is important to understand your rights when you are under suspicion of a crime and once you have been charged with a crime. Most important to remember is your right to remain silent. You do not have to speak with law enforcement, and you should generally always refuse to do so. Talking to police or investigators won’t help your case, and can only give prosecutors more ammunition to convict you. Another important right is your right to challenge the government’s case against you, and your right to legal representation when doing so. Just because you have been charged with a crime does not mean you are guilty. The government is tasked with proving your guilt beyond a reasonable doubt. There may be evidence that casts doubt on their narrative about what happened during your arrest, and there may have been errors made by law enforcement that could result in outcomes favorable to you, such as police not having probable cause to pull you over. A defense attorney can evaluate your situation and the circumstances surrounding your arrest to ensure your rights are protected and that a solid defense is made on your behalf.
4. Know the time limits in place – In addition to knowing when you have to appear in court, you should also be aware of other time limits involved in your case. Most significantly in DUI cases, this involves administrative hearings with the Florida Department of Highway Safety and Motor Vehicles (DHSMV), which is tasked with making determinations regarding your driving privileges. When you are arrested for DUI in Florida, you receive a temporary driver’s license that is valid for 10 days, after which it will automatically be suspended. To protect your driving privileges, you can request a hearing, but you must do so within 10 days of your arrest.
5. Consider the benefits of a lawyer – The single most important thing you can do to protect yourself as you navigate the criminal justice system and administrative license hearings is to work with a seasoned criminal defense attorney. Give yourself some time to consider the benefits of working with a lawyer, but remember that because time is of the essence, reaching out to an attorney as soon as possible is important. This means a private lawyer who has the time, experience, and resources public defenders simply do not have. Remember what’s at stake in your case, including the fines, terms of imprisonment, and other short- and long-term consequences, and remember that defense attorneys work zealously to avoid or mitigate these penalties as much as possible. Working with a lawyer can make the difference in your case.

Charged with DUI in Polk County or any of the surrounding areas of Florida? Call Boswell & Dunlap, LLP for a FREE and confidential consultation.

Being charged with a criminal offense can make for difficult and frightening times. When there’s a lot on the line, you need to be sure you understand and know how to exercise your legal rights, especially your right to legal representation. No matter the charges, you have the right to have an attorney by your side as your challenge the government’s case against you and fight to defend your freedom and future. Your right to a lawyer is one of the most important rights you have.

In many criminal cases, defendants have the opportunity to work with a public defender, a government employee who represents individuals charged with crimes. While it may seem nice that a government-provided lawyer will be there to help you along the way, the truth is that public defenders generally lack the time, resources, and experience to provide the type of representation needed to address your case and protect your future. In fact, public defender offices throughout the nation have been criticized for falling short in being able to effectively level the playing field for those who stand accused of crimes.

At Boswell & Dunlap LLP, our Polk County criminal defense lawyers have represented numerous clients throughout the region who faced allegations involving a range of crimes. Often, these clients, and others who call our firm, express their interest in possibly working with a public defender. When they do, we typically explain why that’s not always the best idea, and why our firm can provide far more for their case than any public defender can.

When the stakes are high, you want to place your trust in proven and dedicated defense lawyers, not public defenders. Here’s why:

• Time & Attention – It is no secret that our criminal justice system is severely overburdened, and the impact of this burden can be felt through all aspects of the process, from law enforcement to prosecution to our jail and prisons; and for public defenders as well. Public defenders have massive caseloads filled with defendants, and they simply lack the time needed to fully invest in any one case and defense. Many counties in Florida have tens of thousands of cases each year (nearly 80,000 in Miami-Dade alone). In addition, a study conducted by the National Association of Criminal Defense Lawyers using data from Louisiana discovered that public defenders were so overburdened by their caseloads that they devoted just 7 minutes on average when preparing for a defendant’s court appearance. Limited time also means limited attention, and defendants who work with public defenders often find that a PD isn’t as readily available to their needs as a private attorney would be.
• Resources – In addition to large caseloads, public defender offices are notoriously underfunded. This means that public defenders have limited resources and limited options when it comes to fully investigating, researching, and preparing cases. Based on research collected in 2009, funding for public defenders pales in comparison to funding for the prosecution (equating to only 53 cents for public defenders for every dollar spent for the prosecution). When defendants work with a public defender, the lack of resources alone can tip cases in the prosecutor’s favor.
• Experience – Underfunding has an impact beyond limiting the resources public defenders have available to work on a defendant’s case, it also limits the type of attorneys public defender offices can hire. With limited funding comes limited salaries, which is why public defender offices are typically staffed by young and new attorneys, many of whom may be fresh out of law school and generally inexperienced in handling defense cases and in handling many different types of charges. Whether you have a misdemeanor case or are facing serious felony charges, working with a public defender could mean that your representation simply doesn’t have much, if any, experience handling cases involving the types of charges you face.

The impact of a broken criminal justice system is clearly apparent when you consider the lack of time, resources, and experience common with public defenders. As such, it becomes important to look at how private defense lawyers offer numerous benefits over public defenders. At Boswell & Dunlap LLP, our criminal defense team is led by Partner David R. Carmichael, a Board Certified Criminal Trial Specialist by The Florida Bar – a distinction held by less than 3% of all lawyers in the state. His board certification speaks volumes about his expertise in criminal law, something he leverages for the advantage of clients who face serious charges and penalties. He is also a former prosecutor and law enforcement instructor, a background that gives him unique insight into the other side.

In addition to Attorney Carmichael’s experience and specialization, our firm has decades of combined experience, the resources required of tough criminal cases, and the determination to use them effectively for our clients. Our entire legal team understands that criminal charges can put your future on the line, and we make it a priority to dedicate the time needed to conduct full investigations and prepare cases thoroughly. We also emphasis personalized attention and tailored legal strategies that are designed to secure the best possible resolution. When clients have questions or concerns, they have easy access to our team.

With your future at stake, working with the right attorney can make all the difference. Learn how our criminal defense team at Boswell & Dunlap LLP may be able to make the difference for you when you contact us for a FREE consultation.

Law enforcement and our criminal justice system have completely changed the way they handle matters of domestic violence. Where at one time law enforcement officers would respond to a domestic disturbance call and simply tell the parties to stop, today law enforcement officers nearly always make an arrest. Because of these new procedures, some individuals are arrested as the result of false accusations when they are in fact innocent.

Law enforcement officers who respond to the scene of domestic violence often don’t witness any domestic violence or direct acts for which they can make an arrest. They must put the events of what happened together as best as they can using evidence and statements provided by the parties involved and any witnesses who may be present. When they make an arrest on what can be vague and initial assessments, accused individuals have every right to challenge the case against them and the government’s version of the facts. Effectively challenging a domestic violence allegation demands the attention of experienced attorneys.

At Boswell & Dunlap LLP, our Polk County criminal defense lawyers have extensive experience protecting the rights of clients charged with all types of crimes, including clients charged with domestic violence based on false accusations. We know that even mere allegations have the potential to tarnish one’s reputation, which is why we work diligently to investigate the matter and clearly present an effective defense.

If you have been wrongly accused of domestic violence, here are a few things to remember:

• Your rights – It is critical to understand your rights following an arrest. This includes your right to remain silent and not speak with law enforcement about the case, as it can potentially lead to incriminating statements, or statements that are misinterpreted as incriminating. You also have the right to challenge the government’s case against you, and the right to have legal representation on your side when doing so. Exercising your rights is critical to your case.
• Understand the charges – Domestic violence charges are serious crimes that pose serious penalties, including fines, court ordered classes, and terms of imprisonment. Know what’s at stake in your case, and understand that while you have the opportunity to disprove allegations made against you, you need to do so clearly and convincingly in accordance to the laws inherent to your charge. The government’s case must prove your guilt beyond a reasonable doubt, which provides the opportunity to show that allegations are unfounded or that there is doubt to whether they truly occurred.
• Know the terms involved – Following a domestic violence arrest, a restraining order may be issued. It is important to know the terms of this order and to comply with them, as violating an order can greatly complicate your case and lead to more consequences. This may include no contact orders with alleged victims, and not being allowed near their place of residence.
• Call a lawyer – One of the most important things you can do following a domestic violence accusation is to bring your case to the attention of a seasoned legal professional as soon as possible. Swift action can help our attorneys at Boswell & Dunlap LLP immediately begin protecting your rights and help you take the right steps moving forward. It also provides the time needed to build a solid defense strategy.

Don’t delay in calling our firm following an arrest for domestic violence. Trust in decades of combined legal experience and attorneys who are dedicated to protecting your rights, reputation, and future. Contact us today to get started with a free and confidential consultation and to learn how Boswell & Dunlap LLP can help.