DUI (Driving Under the Influence)
In a concerted effort to reduce drunk driving, all states have imposed strict laws against driving under the influence (DUI). If you are arrested and charged with drunk driving or driving under the influence, the consequences can be severe; you may lose your driver’s license, pay heavy fines, have your vehicle impounded and even receive a jail sentence. DUI convictions remain on your permanent criminal record and as a result, may interfere with your livelihood, causing you to lose your job or hinder future employment opportunities. With such high stakes, it is crucial that you contact a qualified DUI defense attorney as soon as you are arrested for driving under the influence.
The Law Office of Gary R. Swavely, Jr. understands the anxiety and fear one feels after being arrested for drunk driving, and we will diligently represent you to ensure the best possible resolution for your case. Attorney Swavely has a thorough understanding of sobriety tests and law enforcement protocol which can be part of an effective and comprehensive defense against the DUI charges you face. During your initial consultation, he will determine if there was police error, field sobriety test errors, inaccuracies, failure to follow proper protocol or administrative errors which may prove your innocence or lead to the dismissal of charges by the prosecution.
DUI cases are complex and the laws which govern them vary dramatically depending upon the state or municipality in which the charges are filed. Attorney Swavely is well versed in all state-wide DUI laws and regulations and has experience interacting with police departments, prosecutors and the department of motor vehicles. If you’ve been arrested for DUI, contact Attorney Swavely who will fight on your behalf to ensure your DUI arrest does not turn into a conviction.
A misdemeanor charge is one that, in general, can carry a maximum jail sentence of several years. A misdemeanor conviction may also result in fines and penalties, as well as the risk of losing professional licensure or difficulty obtaining future employment. As part of your misdemeanor defense, your criminal defense attorney may advocate for alternative sentencing measures, including probation, or community service. Your attorney will also fight to keep the conviction off your official criminal history; this is particularly important if you need a clean record to maintain or obtain employment in your particular field.
Misdemeanor crimes are less serious in nature than felonies and generally do not involve extreme violence or extensive property damage. First or subsequent DUI charges, simple assault, theft (i.e. shoplifting) or disorderly conduct are all examples of misdemeanor crimes. However, multiple and repeated charges for the same misdemeanor crimes could eventually result in a felony charge and possible lengthy jail time or hefty fines. A theft crime may be classified as a felony if the value of the stolen item is in excess of a certain dollar amount.
Those charged with a misdemeanor offense are often eligible for representation by a public defender and may be tempted to try and defend the charges pro se. This is unwise for a number of reasons and could result in an unnecessary conviction when an ample defense may have been available. When you first meet with your attorney, you will discuss the facts surrounding your arrest and charge, including the events leading up to the incident and any mischaracterizations you believe were made by the arresting officers. Preparation for your misdemeanor trial may include any of the following:
- Interviewing witnesses and preparing witnesses to testify
- Reviewing lab reports or the details of a field sobriety test
- Speaking with arresting officers and examining the details contained in the arrest report
- Negotiating with the prosecutor to obtain a dismissal or reduction in charges
- Offering an alternative sentencing arrangement to include rehabilitation treatment or
- Arguing for the suppression of certain evidence obtained in violation of your constitutional rights.
A criminal defense attorney cannot guarantee any particular outcome for your misdemeanor case, but certain factors may make it more likely that you will obtain a favorable result. For instance, if this is your first brush with the law or it has been a number of years since your last conviction, this factor could gain you favor with the judge. Also, you may qualify for the ARD program (Accelerated Rehabilitation Disposition), in cases involving drugs, alcohol and others. Successful completion of an education course or treatment program could result in a dismissal or expungement of your arrest or conviction record.
If you were recently arrested or charged with a misdemeanor, contact Attorney Swavely as soon as possible so that he can formulate an effective defense strategy to protect your rights and livelihood.
Penalties for traffic violations can often be harsh, especially considering the effect they can have on insurance premiums. In fact, depending on the type of offense and your prior motor vehicle history, automobile insurance companies may raise premiums even after a first offense. You could also be subject to a suspension of your driver’s license for certain convictions.
It is crucial to have an attorney represent you from the initial stage of the case. Attorney Swavely can help those charged with a traffic violation avoid the expensive, time consuming and frustrating ordeal involving court appearances, fines and forms that could have a devastating effect on your finances and driving privileges.
Contact Attorney Swavely for a consultation today. He will review your case and explain the possible consequences of the various violations. He can then proceed to represent you throughout the resolution of the matter, taking the mystery out of the process and helping you avoid conviction.
Attorney Swavely offers aggressive defense to clients who have been issued traffic citations involving:
- Running a Red Light
- Failing to Stop at a Stop Sign
- Driving Without a Valid Driver’s License
- Driving Without a Valid Vehicle Registration
- Driving Without Valid Insurance
- Driving Under the Influence
- Leaving the Scene of an Accident (Hit and Run)
- Reckless Driving
If you’ve been charged with assault, you’re undoubtedly concerned about your upcoming trial, possible conviction and future livelihood. In the days ahead, it is absolutely critical that you consult with a criminal defense attorney who can help you navigate the complex legal system and create a strong defense strategy on your behalf.
Whether the charge brought against you is due to a misunderstanding, exaggeration or you were simply protecting yourself from the original aggressor, your attorney will make certain these facts are brought to light. An attorney will strive to ensure that you are afforded a fair and just trial. If you are convicted of misdemeanor or felony assault, your attorney will advocate for a fair sentence as well as any rehabilitative resources you may need.
An assault occurs when one person places another person in fear or apprehension of imminent bodily injury. This can take place in the form of menacing threats, throwing a punch (but not actually hitting the intended target) or brandishing a weapon, or when a person actually causes bodily injury to another person through the use of force, violence or a deadly weapon.
There are two classifications of Assault: simple and aggravated. Simple assault occurs when an individual causes bodily injury to another person without the use of a deadly weapon or negligently injures another person with a deadly weapon. This crime is usually classified as a misdemeanor and carries a maximum jail sentence of two (2) years.
Aggravated assault, on the other hand, is often categorized as a felony and carries a much more severe potential penalty. This type crime either involves the use of a deadly weapon to injure another person or occurs under a set of facts revealing the defendant’s alleged extreme indifference to the value of human life, resulting in bodily injury to another person.
The crime of assault carries potential felony convictions and lengthy jail sentences. If you are in need of a vigorous legal defense, contact Attorney Swavely today for a consultation.