June 2019

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Is It Possible to Get My Charge Dropped From DUI to Wet Reckless?

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Reckless Driving Lawyer

Many DUI cases can get resolved with a plea bargain, which means the defendant has agreed to plead as guilty (or “not contest”) to the criminal charge. The exchange often entails getting a lower sentence or some leniency from prosecution. For example, a person arrested for a DUI may accept a plea bargain in order to get a minimized jail sentence and less fines to pay. For others, the plea deal may entail stating guilt to have the charge dropped to a “wet reckless.”

While laws vary by state and every case of an arrest is different, there are common elements among most wet reckless plea bargains. Those who have been arrested for a DUI may want to consult with a reckless driving lawyer in Hillsville, VA in their area for more information about getting their conviction lessened to a “wet reckless” instead.

Reckless Driving Defined

In general, reckless driving is defined as driving to endanger another (person or property), and being willful in operating the vehicle in an unsafe manner. Reckless driving can include behavior like weaving through traffic, street racing, driving in excess of speed in pedestrian areas, and more. In the context of a DUI arrest, the person being under the influence may be enough to categorize as reckless driving. To take this point further, the driver may not have even been driving in a sporadic way; simply being intoxicated is viewed as dangerous enough that harm could be done to people or property. 

Chances of Being Offered Wet Reckless

Prosecutors may be open to offering a wet reckless, but only in specific cases with mitigating factors or lack of strong evidence. Mitigating factors can be things like the person has no prior criminal record, he or she had a low blood alcohol content (BAC) level, and/or it was the person’s first DUI. On the other hand, if there were aggravating factors then it can decrease the chances of being given a wet reckless plea deal. If the person driving had caused significant personal injury or property damage, it is unlikely he or she will be offered a wet reckless charge. 

Benefits of Wet Reckless

As stated briefly above, the prosecution may offer a plea deal if they are concerned that they have insufficient evidence to prove charges in court. Instead of risking losing the trial, the prosecution may give the defendant a chance to accept a plea deal. The benefits of a wet reckless charge are that carries much less harsh penalties than a DUI. Usually, a wet reckless conviction means the person will still face fines and maybe even jail time too, but it will be substantially less compared to a DUI. Also, many states permit a person charged with a wet reckless to apply for their license after being suspended for a short period of time. For those with a DUI, the license may be suspended for at least 6-12 months. A DUI typically adds more traffic violation points to the individual’s driving record too, which can result in increased insurance premiums for years to come. 

Thanks to The Law Offices of Mark T. Hurt for their insight into criminal defense and reckless driving.

Be Careful During Pending Investigations

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Criminal Defense Attorney in Dekalb County, GA

While you are always considered innocent until proven guilty in the eyes of the law, once a criminal charge has been placed on you, you are no longer free to roam as you once were. At least not without repercussions. If you are facing criminal charges, the best thing you can do while you are fighting them is to stay clear of any criminal activity. This may come as common sense to you, but many people believe as long as they do not get caught they are okay. Not only would additional charges during an ongoing investigation make matters much worse for you or the accused, but so would any type of suspicion of a crime. Much like adding insult to injury. Not only would staying away from any criminal activity help your current case, but it is also nice to avoid criminal offenses for your own peace of mind.

It is the job of law enforcement to find the individuals responsible for a crime, it is the job of the prosecution to prove these individuals committed the crime. This means, not only is law enforcement watching you, but so are prosecutors. So it is wise to remember not to speak with either without your attorney present. They do not want to see you free of charge, if they suspect you committed a criminal act, they are only trying to figure out how to prove this. And in many cases, with your encounters with them, anything you say can be used against you in the court of law, and you do not want to incriminate yourself. Especially when you are innocent.

Keep in mind it is also smart to understand that committing another criminal offense or speaking with law enforcement is not the only thing that can make your case worse while you are fighting criminal charges. The things you say and do may also affect you, much like social media. Things you say on the internet are forever, and there are several ways for anyone to gain access to your social media accounts by an alias or fake page.

Because there are people working against you when you are facing criminal charges, the best thing you can do is hire a skilled criminal defense attorney in Dekalb County, GA who will work for you. While law enforcement enforces the laws, it is the attorney that studies the law and will be able to review the details of your case and fight for justice on your behalf.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense cases and pending investigations.

When The Police Reach Out To You

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Decatur Criminal Law Lawyer

When a police officer contacts you and mentions that you should come down to the police station in regard to any criminal charges or anything at all, it is expected of you to be startled; this could mean so many things. When you receive these calls, sometimes it means they already have what they need to arrest you and are giving you an opportunity to come clean. However, in many cases, they have nothing and hope to scare you into releasing information. In the event that you are contacted by the police, inform them that you have an attorney no matter what. At this time, it is best to hire an attorney to prepare you for what may come. That is the only information you should give without an attorney present, nothing else. No matter how the officers reach or contact you or what for, have them speak to your attorney after that initial conversation. They are already likely building a case against you and it is better to be safe than sorry.

In most cases, these phone calls are being recorded and can sometimes have information that leads you to incriminate yourself. You have a right to an attorney. Remember that these detectives, and police officers enforce the law, and if they feel the law is broken they are seeking an individual that can be held responsible. These individuals take advantage of the fact that you may not understand the law, and may try to abuse that fact, so allow your attorney to speak for you. In the event that you are not a suspect of a crime, understand that they are only trying to solve a crime, be it against you or someone else. Allow your attorney to dissect any facts or lies brought forth, they will treat your attorney with more respect due to their knowledge of the law.

Law enforcement, detectives, and even your attorney expect you to be nervous when you are in communication with the police. Even if you are not guilty, understand that you are innocent until it is proven otherwise. In the event that you or a loved one has been contacted by the police, be sure to refer them to your Decatur criminal law lawyer if you have one. If you do not hire an attorney, let them know that your attorney will contact them and seek legal counsel. Many criminal defense attorneys offer free consultations and will either let you know that something is legit and you need counsel, or if you may be fine without counsel at all. 

Contact Andrew R. Lynch, P.C. for their insight into criminal defense cases and when the police come to you.

Polygraph Test

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Decatur criminal lawyer for your defense

Taking a lie detector test may be very scary for some, especially if you do not understand how they work. It should be simple to understand the purpose of lie detector tests, to detect a lie being told. For this reason, much like speaking with a law enforcement officer without your attorney present, do not take or agree to take a lie detector test without your legal counsel present. While polygraph tests are taken sometimes for personal reasons, they are most commonly utilized in criminal investigations. These exams study and measure the individual’s heart rate, the way they are breathing, the blood pressure while they answer the questions and at which question certain changes occurred. A professional will be able to review the results and determine if any deception was indicated, deception meaning there was a lie told. The test administrator would ask questions that are pertinent to the case and use your results and answers to assist in the investigation. This test is not exactly one hundred percent accurate but does help solve a few concerns. The changes in your blood, heart, or breathing rate would help determine whether certain topics or questions were a concern for the individual taking the test.

Polygraph test results do not exactly solve crimes but the pressure they build assist in heading into the right direction, and many people are honest out of fear of being caught because they do not exactly understand how these tests work. Anxiety also causes these sudden changes and therefore may affect results. It is important to understand that just because you are asked to take a polygraph test, in most cases, you do not have to do so. This is why it is equally important to speak with a skilled criminal defense attorney when you are facing criminal charges and have been asked to adhere to a lie detector test, you may very well incriminate yourself. Remember that regardless of who asks, what they say will happen to you if you do not cooperate, and even if you do not have legal counsel, never agree without legal counsel’s advice. Also, depending on the facts of your case it may be best to hire legal counsel before making any decisions. If you or someone you know has been approached and asked to participate in a polygraph test, speak with a Decatur criminal lawyer for your defense as soon as possible so that all the best options are weighed before a decision is made.

Contact Andrew R. Lynch, P.C. for their insight into criminal defense cases and pre-sentences.