A. If
this were to happen you would be given a temporary license which would
allow you drive for a period of 7 days. You may then request an
administrative hearing with the Department of Motor Vehicles, contesting
the suspension of your driving privileges. Pending the hearing, you are
allowed to drive. If the hearing officer upholds the suspension, the
period of suspension starts to run when the decision is entered. During
the period of suspension you may apply for a restricted license through
the Department of motor vehicles which allows you to drive on a
restricted basis, such as back and forth to work.
Q. The
police did not advise me of my rights when I was arrested. Is the arrest
lawful?
A. Failing
to advise someone of his/her Miranda rights when arrested does not
render the arrest unlawful. The police have no legal obligation to
advise someone of their Miranda rights when effecting the arrest.
Miranda applies when the police seek to question someone who is in a
custodial setting or in actual police custody. Before the interrogation
begins, you must be advised of your right to remain silent and your
right to an attorney. Miranda violations go to the admissibility of
statements and evidence seized as a result of those statements, not to
the lawfulness of the arrest itself.
Q.
The police found cocaine in my car. I do not want to go to prison.
Can you help?
A. Not
all drug convictions result in someone going to jail or prison. Each
case is different and there are many factors which are taken into
account. An individuals criminal history, the type of drug or controlled
substance, the amount of drugs involved, and the jurisdiction of the
offense are all factors which must be considered.
criminal
law---- A. The juvenile court system has many interesting aspects which
are unique, and not common to the adult system. The clear objective here
would be to get the best possible resolution for the juvenile, while at
the same time protecting his long term rights (i.e. being able to get
into medical school). Legal representation is a must. Deferred
adjudication and ultimate dismissal of the charge is the objective.
Decisions made in the juvenile arena may have long lasting and permanent
implications.
criminal
law----A. Sealing of criminal records (arrest or conviction) requires
the filing of a petition with the state court having proper
jurisdiction. The process requires specific attention to detail and can
be time consuming. Further, before the petition can be filed, there are
specific time frames which must be satisfied. The time varies depending
on weather one is seeking to seal an arrest as opposed to a conviction,
and further varies depending if the conviction was for a felony, gross
misdemeanor or misdemeanor offense.
