Criminal Law FAQs
Most people believe that because you are arrested, you have been charged with a crime. This is incorrect. The arrest is merely the initial stage of the potential prosecution of a crime.
However, it is the most important stage for you. Early intervention by a criminal lawyer can assist you with not only protecting your rights but securing witnesses, evidence and dealing with the police and district attorney.
You have rights which are protected by the Constitution of the United States and the state of Louisiana. You should know your rights and protect yourself. You should hire an criminal attorney with experience in criminal law. I am attorney Peyton “Pete” Burkhalter, and as a former city prosecutor, I have handled numerous cases from simple traffic offenses to serious felony offenses. Let my firm, Peyton B. Burkhalter Law, assist you when you have been accused of a crime.
DWI / DUI Lawyer In Metairie, Louisiana
You should realize that in addition to the criminal charge of DWI/DUI, your driving privileges will also be affected by your arrest. There are certain time limits within which to act to secure temporary driving privileges and to obtain information needed to challenge the suspension of your driving privileges.
Do not delay – call a DWI or DUI lawyer as soon as possible. Each case is driven by the specific case and no two cases are alike. Therefore, it is important to have a DWI or DUI lawyer to review the events which took place prior to, during and following the arrest. You should also be aware that this charge is enhanceable, meaning that each time you are arrested and convicted of DWI/DUI, the penalties become more severe and can reach to the level of a felony offense with mandatory jail time. Do not be victim to the advice of just plead guilty and get it expunged. Your plea today could have serious consequences for you down the road.
Generally, defenses available to a charge of DWI/ DUI include the following:
- The legality of the initial stop which led to arrest
- The legality of the questioning by police officers
- The legality of the search
- The legality of the seizure of any evidence by the police officers
Other defenses may also be available based on the specific facts of your case.
Inquiries can also be made into the accuracy of the blood test, urine test, or breath test used, as well as the maintenance of the blood test, urine test, or breath test used, and the proper administration of the blood test, urine test or breath test used.
Common Questions Answered By A Criminal Defense Lawyer In Metairie, Louisiana
Below are a series of frequently asked questions.
Should I give a statement?
You should never provide a voluntary statement to the police without consulting a criminal attorney first. You have the right to remain silent and to the services of an attorney throughout the criminal process, even if you cannot afford to hire a criminal lawyer.
Am I entitled to a bond/bail?
Most, if not all, charges allow for the setting of a bond to secure your release from jail while you are waiting to determine if the state will charge you with a crime or for your trial on the charges. Remember, judges set bonds based upon the information they have before them at the time. That is why hiring a criminal lawyer to represent you early on in this process is so important.
What potential crimes can I be charged with?
An analysis of the potential crimes arising from a set of facts can be numerous. The early intervention of a criminal lawyer will help narrow the scope of charges and provide you with a voice during the process.
What are the possible penalties?
The penalties for the violation of Louisiana Criminal Statutes can vary depending on the nature of the offense. Louisiana law allows for ranges of sentence based upon the nature of the crime. Your criminal lawyer will advocate on your behalf to reduce the sentence range depending on the outcome of your defense to the charge.
What can I do to fight the charges?
The first thing to do is hire a skilled, knowledgeable criminal attorney that has experience handling criminal cases. Next, allow the criminal lawyer to assist you with securing evidence and witnesses on your behalf and challenge the evidence and witnesses of the state.
What are my chances of winning?
Alone, your chances of winning are greatly reduced. No one can guarantee results but with the right criminal attorney you will have a fighting chance.
Call Me Today At 504-527-4060 – Free Consultation
Hire me, Peyton “Pete” B. Burkhalter, as your criminal lawyer. I will help answer your questions and fight for your rights. Call now to schedule your free evaluation, reach out online, or drop into my office located in Metairie, Louisiana.