Tag Archives: criminal

Criminal Justice Attorneys Byram MS

The Franks Law Firm PLLC

#505 460 Briarwood Dr Jackson MS 39206

(601) 773-7777

https://the-franks-law-firm-pllc.business.site

https://www.google.com/maps/place/The+Franks+Law+Firm,+PLLC/@32.3808976,-90.1497157,15z/data=!4m2!3m1!1s0x0:0x69bde8a9d76292fd?ved=2ahUKEwjuv6SK2q7eAhVM4oMKHS_WBU8Q_BIwF3oECAUQCA

https://sites.google.com/view/criminal-justice-825/areas-served

If I’m pulled over for a DUI, what offenses are there?

Attorney Franks: There are 5 DUI charges. DUI refusal indicates you refused to take the examination. DUI very first violation is a very first violation. DUI 2nd offense indicates its your 2nd DUI within a five year time frame. DUI third offense is a 3rd DUI, or extra, in a 5 year period. Finally, an exacerbated DUI, is a felony together with the third crime. Aggravated means you harmed someone in a mishap and you were consuming alcohol over the lawful limits.

On a first DUI, can the policeman take my driver’s license?

Attorney Franks: Yes. They will hand you a paper that states you have 30 days to visit trial, or your license will be suspended. What that implies is you have 1 month to obtain a criminal justice attorney and also set it for trial. In the event the court can not hear your situation within 30 days, your attorney can motion to have the duration expanded till the date the court can hear your trial.

Can I speak for myself throughout the process?

Attorney Franks: I always inform every person, I can change the engine in my truck, yet I’m most likely going to mess it up, due to the fact that I’m not an auto mechanic. You can represent on your own, but should you? No, you not. I have seen even more people founded guilty in courts attempting to represent themselves and it’s not because they are dumb. The fact is they do not understand the law and they don’t recognize the rules of proof. As a DUI attorney, I stay up to date with these points as well as take advantage of it for my customers to obtain them the very best feasible result. While you can represent yourself, it is just one of those situations where quite often, you’re far better off, as well as it’s less costly, to proceed and work with an attorney that recognizes what they are doing in the DUI world.

Criminal Justice Attorneys

Leave a reply

Criminal Justice Attorneys

The Franks Law Firm PLLC

#505 460 Briarwood Dr Jackson MS 39206

(601) 773-7777

https://the-franks-law-firm-pllc.business.site

https://www.google.com/maps/place/The+Franks+Law+Firm,+PLLC/@32.3808976,-90.1497157,15z/data=!4m2!3m1!1s0x0:0x69bde8a9d76292fd?ved=2ahUKEwjuv6SK2q7eAhVM4oMKHS_WBU8Q_BIwF3oECAUQCA

https://sites.google.com/view/criminal-justice-279/areas-served

If Asked to Take a Roadside Sobriety Test, What Do I Do?

Attorney Franks: You have a number of alternatives. Youre not required to do a field sobriety examination and that is not the test they are looking at for a rejection. If you refuse the big Intoxilyzer machine at the police headquarters, they can file a refusal charge.

As a Criminal Justice Attorney, my advice is do not do a field soberness test due to the fact that theyre developed for individuals to fail as well as are really complex. I had a police officer do it on me as I wanted to know what my clients were experiencing. I did not pass the roadside sobriety test and I was sober. I constantly tell customers, do not perform a field sobriety test. It simply provides ammo and it practically never helps my clients.

Lets say I have actually consented to it, and they ask me to watch an object with my eyes. What are they trying to find?

Attorney Franks: The test theyre executing is the horizontal gaze nystagmus. Theyre seeking shaking of the eyes. If someones on downers, there can be an uncontrolled eye activity which doesn’t always mean booze is present. However booze is a depressant.

Some policemen will use their finger. Thats getting involved in more medication associated problems, instead of alcohol. Those policemen have to have specific certifications for those tests to be legitimate.

What happens if I decline to take the test?

Attorney Franks: Most likely they will have you stand outside, either at the front or rear of your car, or by the patrol car. Theyll provide you that test several times. Usually an officer wont give it one time and then throw you in the rear of the patrol car. They need to prove impairment past a practical uncertainty, and also the roadside sobriety test is a tool.

Police officers lug about portable breathalyzers in the back of their patrol cars. If you reject, there are no penalties. Nonetheless, youll most likely be sent to prison. At the prison, youll be given the choice to blow in an Intoxilyzer. Up until you decline to blow in an Intoxilyzer, you will certainly not be charged with a DUI refusal. If you are written up with a DUI rejection, then you would have great grounds to submit an application for breath test refusal hearing.

Criminal Justice Attorneys

Leave a reply

Criminal Justice Attorneys

The Franks Law Firm PLLC

#505 460 Briarwood Dr Jackson MS 39206

(601) 773-7777

https://the-franks-law-firm-pllc.business.site

https://www.google.com/maps/place/The+Franks+Law+Firm,+PLLC/@32.3808976,-90.1497157,15z/data=!4m2!3m1!1s0x0:0x69bde8a9d76292fd?ved=2ahUKEwjuv6SK2q7eAhVM4oMKHS_WBU8Q_BIwF3oECAUQCA

https://sites.google.com/view/criminal-justice-379/areas-served

What do police look for with a DUI?

Attorney Franks: They’re trying to find particular roadway conditions that make it tough to drive. That’s where you commonly see a DUI obstacle. Usually, it’s a bottle-neck near a saloon or restaurant. That’s the most usual technique.

They’re searching for any type of reason to draw a person over. Swerving, speeding, ignored a traffic sign; all are usual reasons a policeman will use to stop somebody. The genuine factor isn’t to write them a summons for a broken taillight. The actual factor is they intend to see if there’s anything else going on, and they use that as their possible reason.

I’m stopped, and the law enforcement officer asks me if I’ve been consuming. Exactly how do I answer?

Attorney Franks: Exercise your Fifth Amendment right to stay quiet. You never ever intend to not tell the truth to a law enforcement officer. So, if you have actually been drinking, the best guidance I could give any person is to exercise your Fifth Amendment right to stay silent. That will raise the officer’s suspicion. Yet, you have actually not been deceitful. It’s your right to exercise the 5th Amendment and also remain silent as well as not provide him info that would certainly be used to convict you in a trial.

Past the breath examination, exactly what’s the police officer considering?

Attorney Franks: The smell of booze emanating from the vehicle. Then it’s slurred speech. They want to see to it your speech is crisp and also correct. The issue keeping that is some people have a lisp or some other speech obstacle. That can be a clashing hint.

Additionally, what on the car seat? He’ll shine a light in the car windows to see if there’s an open scotch container or beer containers. An open container suffices for potential cause. They’re additionally looking for drugs, and also looking to see if you fidget.

They might ask you to walk outside of the car. The police officer’s watching exactly how you’re walking. Are you preserving your balance? Are you stumbling? Are you dragging your feet? But, a lot of these signs can be explained by physical defects or conditions. Someone might be unwell or had a surgical procedure just recently.

That may offer a policeman a concept of whether alcohol is involved. However, they can not use a couple of things on their own. Police officers must go deeper, but in some cases they don’t. Since they let criminal justice attorneys to peruse the reports, I can ensure regulations were adhered to.

Criminal Justice Attorney Jackson MS Call 601 773 7777

Leave a reply

Criminal Justice Attorney Jackson MS Call 601 773 7777

https://www.youtube.com/watch?v=Zt3F6f1JG4Y

The Franks Law Firm PLLC

#505 460 Briarwood Dr Jackson MS 39206

(601) 773-7777

https://the-franks-law-firm-pllc.business.site

https://www.google.com/maps/place/The+Franks+Law+Firm,+PLLC/@32.3808976,-90.1497157,15z/data=!4m2!3m1!1s0x0:0x69bde8a9d76292fd?ved=2ahUKEwjuv6SK2q7eAhVM4oMKHS_WBU8Q_BIwF3oECAUQCA

What Happens if I Refuse a DUI Breath Examination in MS?

Attorney Franks: If you decline a breath examination, it triggers a chain of events that will usually inevitably bring about suspension of a driver’s license for one hundred twenty days, instantly. The Department of Public Safety will certainly send a letter to the address on your vehicle driver’s license within the first 30 days. Upon obtaining that, you have ten days to submit a request for a breath examination refusal hearing to determine whether or not you really refused a breath test.

Can I be forced to take a test?

Attorney Franks: You can not be required to take an examination on a common pull over. If there’s a mishap and someone’s injured, after that, indeed, they can go and also obtain a warrant to have your blood drawn or force you to do it. Yet generally, if you were stopped arbitrarily, they will commonly supply you a portable breath test. You can reject it, and also if the police officer chooses to take it additionally, they’ll take you to the police station. Then they will ask you again to breath test, on the large Intoxilyzer device. If you reject the examination at that time, then you ‘ve officially declined the examination. You have the option to refuse.

Will it harm my situation?

Attorney Franks: Not necessarily. In fact, under particular circumstances, it may actually assist your situation due to the fact that we have statutory DUI in MS. If you blow over a. 08 blood alcohol amount, then you are legitimately drunk by the legislations of Mississippi. The policeman has specific procedures they need to adhere to and also as soon as someone test.08 or above. After that, as a DUI Attorney, I begin checking out whether the policy was followed effectively. If a person does not take the breath examination, after that they can’t say it was a statutory DUI. They have to verify a common law DUI and also reveal somehow that you were bodily impaired while operating your auto. One of the most usual ways of doing that is the field sobriety test on the side of the roadway. stroll the line, hold one leg up, and touch your nose. Those examinations are just what they’ll go back to, which could offer you a stronger case in some circumstances.

Could you in theory get out of a conviction by not taking a breath test?

Joey: Indeed, you could get out of a conviction by not taking the breath examination. But that’s just because the police officer needs to show impairment by utilizing something apart from the breath test. If they cannot show it by some other method, after that you have a very good possibility of being found not guilty of a DUI since DUIs have the very same burden of proof which is beyond a reasonable doubt. It’s the state’s problem to prove beyond a reasonable doubt that you were operating a car while under the influence.