Category: Criminal Law
What Should I Expect if I’ve Been Accused of a Crime?
December 2, 2013 | Adriel B. VillarrealBeing charged with a crime is a stressful situation, but now is not the time to panic! Let’s talk about the process you’ll be going through to help you get a better understanding of what to expect. Taken into Custody You will be taken into custody when the police charge you with a crime. You do not have to make statements or answer questions, either before or after you are formally charged. It is best just keep silent. If you do speak, however, make sure to be truthful. Remember, you are not admitting guilt if you ask for a lawyer, despite what you may have seen on television. In fact, now is the time to do just that. Bail Hearing You will go before a judge who will either set a bail amount or release you on “recognizance,” or your promise that you will return for all of your court dates. If the judge sets a bail amount you will either have to come up with the money or work with a bail bondsman to secure your release. Sometimes a lawyer can help you get a lower bail amount. Initial Appearance This court appearance is designed to determine the following: Whether you received a copy of the complaint Who your legal representation will…
Read MoreDangerous Driving Reports
October 7, 2013 | Jon P. EricksonTraffic accidents and fatalities are up after years of declining. A recent article in Consumer Reports entitled “Crash Course on Car Safety” indicates that accidents and fatalities are continuing to rise. The Consumer Report article reported that the number of death and injuries in motor vehicle accidents in 2012 saw a 5{a0c01d20c42349884e67ff80c137866b0a9fe47aaae8f8a86a605a369ae487c3} rise after over 5 years of declining numbers. It reported that in 2012 there were 12,872 deaths where the deceased was unbelted, 9,944 deaths where speed was the main factor in the accident, 9,878 deaths of occupants of motor vehicles where the driver’s were intoxicated, and 3,331 deaths identifying distracted driving as the major cause. There were suggestions as to what could be done to bring these numbers down. Most are just common sense, but it did suggest that advances in motor vehicle safety technology can go a long way in reducing the numbers i.e. speed sensors in motor vehicles, ignition interlocks, cars with easy to use and good control systems, and improved voice-command systems. There are of course some simple things we all can do such as slowing down, wear your seat belts, wear a helmet when on a motorcycle, don’t drink and drive and don’t use hand held phones while driving. The article also suggested five easy ways to…
Read MoreLandmark Decision Could Be a Game Changer for DWI Cases
July 15, 2013 | Jon P. EricksonIn April of 2013 the US Supreme Court published its decision in Missouri vs McNeely. This is a landmark decision concerning testing of alcohol in driving while intoxicated (DWI) cases. It requires that the police must get a search warrant to take a sample of a person’s blood absent reasonable consent or exigent circumstances. The language in the decision as well as other decisions by both the US and Minnesota Supreme Court suggests that it also applies to urine or breath tests in DWI cases. Attorneys throughout Minnesota have been arguing in the past months that any tests taken in DWI case are now unconstitutional. This also applies to the civil side of these cases concerning the loss of driver’s licenses, the impounding of plates and the like. I have in my office copies of decisions from Judges in six different counties in both the criminal cases and the civil driver’s licenses cases suppressing evidence from breath, urine, and blood tests relying on the decision in Missouri vs McNeely. We at BGS are recommending that if you’ve been charged with a DWI and/or if your driver’s license is being taken away from you because of a DWI arrest, you should talk to one of our attorneys about your rights. There is much that…
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