The Law Office of Jeremy D. Blank Email jdb@jeremyblank.com

Some Questions And Answers

QI got caught driving drunk. The police flunked me on the "line-walk" and "finger count" tests, and I blew a .12 on the breathalyzer. What's a lawyer going to do for me?

There are a number of potential problems that a good defense lawyer can point out that might get you an acquittal or other favorable disposition in your DUI case. Unless the police complied with certain specific procedures when they gave you your breathalyzer test, they will be unable to testify about how you did on that test in a court of law. Often police will not comply with those procedures, or will be unable to remember in court whether they had done so. Also, "balance and coordination tests" like the finger-count, the alphabet test, and the line-walk test are highly unreliable in assessing whether someone is driving drunk, and can be affected by such conditions as roadway slope,lighting, weather, and your personal medical condition. Whether or not you believe you were driving drunk, you need an experienced attorney in order to examine the record and advise you as to the best course of action.

QI've only been charged with a misdemeanor. Won't I just go to court once, plead guilty, and get probation and no jail time?

First of all, most misdemeanors carry a penalty of up to six months, sometimes a year, in county jail, whether or not you get probation. If you do get probation, there is no guarantee that you will stay out of jail; in fact, you may be put in jail, then later released on the condition that you do volunteer work, submit to drug and alcohol tests, submit to a search of your home, car or person at any time by a police officer, or other burdensome conditions. You need a skilled practitioner and negotiator to get you the best possible negotiator.

In some situations, your case may be "diverted" out of the criminal justice system, and if you complete a designated plan of counseling and/or volunteer work, your case may be brought back into court and dismissed. You need a lawyer to zealously advocate on your behalf with the judge and district attorney, to convince them that you deserve less time in jail, or that your case should be diverted from the criminal justice system.

QI think the police violated my rights before or during my arrest. What can I do about it?

It depends. Many criminal defendants think that they will go free if the police failed to "give them their Miranda rights." If we can show that the police conducted an interrogation while you were in custody, and that you gave a statement without having waived your rights, the most we will likely get is an order that prohibits the prosecution from using the statements that you gave. While that may weaken the case against you, it will seldom get you a dismissal.

On the other hand, if we can show that the police violated your Fourth Amendment rights - that is, your right against unreasonable searches and seizures - you may be entitled to a dismissal. For example, if the police stopped your car without legal cause, or entered your home without a warrant, anything that they seize after their illegal conduct is generally inadmissible in court. It is difficult for the police to prove a drug case against you if they can't tell the jury about any drugs!

QI've been charged with a felony. But I don't want to go to trial. Can't I hire just about any lawyer to talk to the DA for me?

You may not want to go to trial, but you don't want to go to prison either. And if the judge and/or DA are only offering you prison time, your only solution may be to go to trial. You need an attorney who you can count on to do everything your case requires, including going to trial if need be. I have tried over 40 criminal cases to juries, with a history of excellent results and a string of happy (and free) clients.