Frequently Asked QuestionsFAQ
Do I need to hire an attorney if I plan on pleading guilty?
I'm innocent. Do I still need a criminal defense lawyer?
What are the common mistakes made after a DUI or DWI arrest?
The second most common mistake is not hiring a lawyer or counsel who deals specifically with DUI cases. It is very important that you retain us as soon as you receive a DUI or DWI. It is a specialized area of law and requires someone who has vast experience in the specific rules and regulations in California.
The third most common mistake is admitting defeat and pleading guilty at your first court appearance. Understand that DUI defense is very involved, do not assume that it cannot be won. Sometimes people with a high breath test reading may believe that their case is not winnable. However, there may be certain defenses available to that person regardless of their breath test reading.
What is a plea bargain? Is it ever a good idea?
Is there a difference between probation and parole?
What is the Criminal Charge of Criminal Assault and Battery?Goes Here
In most jurisdictions, a criminal assault, unlike a battery, involves the fear of imminent bodily harm. Depending on what state you’re in, a criminal assault can be a misdemeanor charge or a felony charge. Criminal assault requires two things:
Fear by the victim: They must be afraid and must be aware of the assault. That means if someone is sleeping and someone points a gun at them, they can’t be afraid because they are not aware of it.
Imminent danger: Meaning it needs to take place almost immediately. So, if someone points a gun at you and you are afraid that would be fear of imminent, meaning almost immediately, bodily harm or deadly force. However, if someone tells you, if you wear that green shirt again, I’m going to get my gun at my house and shoot. Well, that can’t be aggravated assault. Even though you may be afraid, the fear is not imminent. That means that the deadly force, the gun, is not going to be pointed at you immediately. Therefore, the crime of assault has not been completed.
Am I required to allow law enforcement to search my house or my car?
No. You are never obligated to consent to a police search. Primarily, it isn’t wise to let the police search your car or home. However, the police may attempt to detain you until they obtain a search warrant. Under certain circumstances, law enforcement may search your car of home without a warrant- but only if they have “probable cause” to do so. If you believe that your home or car was searched illegally, contact B. Scott Winkler immediately.
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