DUI stands for Driving Under the Influence and this can mean drugs or alcohol. If you are pulled over for this offense and cannot pass a test of exams, which are called sobriety tests and does not pass a breathalyzer then you will most likely be arrested. The breathalyzer test shows just how much alcohol is in your bloodstream and if it is over the legal limit, you are considered DUI. When this happens, you will need to get in touch with a DUI lawyer in Eureka.
When you first meet with your DUI lawyer in Eureka, they will explain all of the possible scenarios with you if you are convicted of DUI, which can include:
• Revoked or suspended driving license up to twelve months or lifetime suspension if they have repeated offenses
• A set number of hours doing community service
• Court ordered alcohol rehabilitation if you have many convictions.
The scenario can be one or more of these possibilities. If they are an experienced DUI lawyer in Eureka, they will challenge the arrest. They will try to convince the Court to reduce the sentence or lower the charges. Many times the lawyer will dispute if the police officer was within their constitutional rights to stop their client’s vehicle. The DUI lawyer in Eurekacan give their client details on what sentence they can expect if this their first DUI charge or if this is just one of many DUI arrests.
When they go to Court, there are generally several hearings. It will start with a hearing at the Department of Motor Vehicles and the last hearing in the State or County court.
It can be overwhelming to choose a good DUI lawyer in Eureka, especially if this is your first offense. You could look for one on the internet or the phone book but the best way is to ask someone that you know who has been in this same situation. When trying to decide which DUI lawyer to hire consider their experience and fees because some will charge by the hour while others charge a flat fee.
DUI lawyer in Eureka
Truck DUI lawyer in Eureka
In every criminal trial, the defendant faces a critical strategic decision: to testify or not to testify. Those outside the criminal justice system tend to view this decision in simple terms, believing that the innocent will take the stand and tell their side of the story while those with something to hide will not. Experienced criminal lawyers know that the decision is far more complex and rarely has anything to do with guilt or innocence.Testifying is fraught with peril for any defendant. Guilty or innocent, if the defendant takes the stand, the case will likely turn on his performance as a witness. With so much at stake, the pressure on the defendant is enormous. One false step and he could lose his case. During cross-examination, a skilled prosecutor will attempt to confuse him and twist his words to make it appear that he is lying. If he's a bad public speaker or gets nervous and says the wrong thing, he may appear guilty even though he's not. If the jury is turned off by his tone or demeanor, or simply doesn't like him for inexplicable reasons, the defense may never recover.Apart from the impression the defendant makes during his testimony, the mere act of testifying may have the unintended effect of lowering the burden of proof. In a criminal case, a conviction requires proof beyond a reasonable doubt, the highest standard of proof in our legal system. When the only evidence presented comes from the prosecutor, the jury focuses on whether the prosecutor has met that high burden of proof. Once the defendant testifies, however, jurors tend to focus solely on who they believe, the defendant or the alleged victim. Rather than weighing the prosecutor's case against the extraordinarily high standard of proof beyond a reasonable doubt, the jurors tend to weigh the defendant's story against the prosecutor's or the victim's story. This effectively lowers the standard of proof to something approaching a preponderance standard (more likely than not) and dramatically reduces the chances the defendant will win the case.Finally, in some cases, there is truth to the widely held belief that a defendant who chooses not to testify is hiding something. Court rules normally limit the evidence admitted at trial to that which bears directly on the alleged crime. Evidence of uncharged misconduct and prior criminal convictions is usually excluded for fear that jurors who are exposed to such evidence will convict the defendant just because they believe him to be a bad person rather than because they have been presented proof that he actually committed the charged crime. If a defendant testifies, however, he may open the door for the use of such evidence by the prosecution. Knowing that evidence of prior bad acts may prejudice the jury against him, the defendant may elect not to testify so as to avoid any risk of exposing the jury to such damaging evidence.Because of all the risks involved when a defendant testifies, many criminal defense attorneys advise their clients, regardless of perceived guilt or innocence, not to testify unless absolutely necessary. This advice frustrates the countless defendants who desperately want to proclaim their innocence to the jury. Most criminal defense attorneys have learned the hard way, however, that it is usually much safer to attack the prosecutor's case than to put on one of your own.
A lawyer's profession is to conduct lawsuits for clients, dispense advice regarding prosecution or defense of lawsuits, legal rights, and obligations in other matters. They are also referred to as comprehending attorneys, counselors, solicitors, barristers, sergeants, and advocates. The rates charged by the lawyers depend on the type of case they take up such as personal injury, accidents, medical malpractices etc.Since each state determines and establishes laws specific to their jurisdiction, people should look for lawyers belonging to specific jurisdiction. Hiring a legal service or a lawyer to represent you can be an expensive deal, hence it is advisable to ask relevant questions to potential attorneys regarding their fees and billing practices. A lawyer's willingness to discuss fee structure can establish the grounds for a positive professional association, which can be beneficial in the long term, as some court cases tend to get extended for infinite time period. Standard payment arrangements that an attorney may suggest include hourly rates, flat fees, allowance, and conditional fees. Hourly rates are the most common arrangement and may vary depending on the attorney's experience and operating expenses. For simple and well-defined legal matters such as wills, uncontested divorces or bankruptcy filings, lawyers typically charge a flat fee.Reputed lawyers who give a surety of winning the cases charge high rates. Some lawyers like the contingency lawyers fight cases for free but get a percentage of the settlement money. These are common in automobile and accident litigation, medical malpractice, and other personal injury cases.There are lawyers who do not charge any fees till the consumer recovers the full money. Lawyers, who are talented, dedicated, and resourceful and have a track record of winning every case, are very popular, as they recover the compensation money to be paid by the defendant.Various online websites offer information about lawyers who specialize in domains such as divorce, criminal law, personal injury etc. These sites provide online directories that give details pertaining to area of specialization, fee structure, office staff, and lawyer-client relationship.
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