Plea bargains are common in the criminal justice system, as they can save both sides time, money and resources. However, before you accept a plea bargain, you should be aware of the rights you are giving up, as explained below.
You have the right to a speedy and public trial. However, accepting a plea means there will be no trial, and you will not have a chance to present your defense.
During a trial, you have the right to confront and cross-examine the prosecution's witnesses. When you take a plea deal, you give up this right and cannot question the witnesses lined up against you.
Under normal circumstances, you can refuse to answer questions if the answer would incriminate you. However, you waive this right when you take a plea deal as it involves admitting to committing a criminal offense.
In most cases, you waive the right to challenge the sentence handed to you if you take a plea deal. While it depends on the specifics of your plea bargain, you may have to settle with the sentence you get.
Beyond waiving these important rights, there may be other unintended consequences of accepting a plea deal, such as losing your civil rights or limiting your future employment opportunities. Therefore, it's best to seek legal guidance to understand your options and protect your interests before you make such a crucial decision.
]]>Police officers are human and can make mistakes during a DUI investigation or arrest. These mistakes can be used to challenge the evidence against you and strengthen your DUI defense. Below are some common police mistakes that can help your DUI defense.
During a DUI arrest, police can intentionally or unintentionally violate your constitutional rights in several ways. For example, pulling you over without legally justifiable reasons (reasonable suspicion) violates your Fourth Amendment right against unreasonable searches and seizures.
Failure to inform you of your Miranda rights, such as the right to remain silent or have an attorney present during custodial interrogation, can violate your Fifth Amendment rights. Usually, evidence obtained unlawfully or in violation of your constitutional rights may be excluded from your case.
Chain of custody errors are when there are inconsistencies or gaps in documenting the handling and storage of evidence, such as blood or breath samples. If there are doubts about the integrity of the chain of custody, it can cast doubt on the accuracy and validity of the evidence against you.
Breathalyzer or blood test results are often critical pieces of evidence in DUI cases. However, these tests are not infallible and can be subject to errors. Issues such as faulty calibration, improper administration or mishandling of samples can lead to inaccurate results. Challenging the reliability of these tests based on procedural errors or technical flaws can bolster your defense.
Identifying police errors and incorporating them into your DUI defense strategy requires a detailed understanding of the criminal justice system and the ability to navigate the complex legal procedures involved. Therefore, seeking legal guidance is highly advisable.
]]>If you are charged with domestic violence, however, it is in your best interest that you explore your defense options. Subject to the circumstances of your case, you may claim self-defense. But how does this work?
Basically, self-defense refers to your right to prevent suffering from violence by countering the aggressive party’s threat with appropriate force. For self-defense to hold in a domestic violence claim, the following elements must be satisfied:
Self-defense can only be justifiable if you are faced with an immediate threat. In other words, the threat in question must put you at the risk of immediate physical harm. Even so, the New York laws require you to retreat. Thus, you must prove that there was no room for a retreat for your self-defense claim to hold. Any force used against your spouse when the threat of danger wasn’t immediate or when you had room to retreat may not be considered self-defense.
To resort to self-defense, you must be reasonably convinced that your accuser actually purposed to harm you. Were they threatening you with a weapon? Or, did you hurt them while attempting to disarm them?
Determining whether your use of force in a domestic violence case was justified can be quite difficult. First, you need to admit that you indeed used force against your accuser. And, second, you have to prove that your actions were justified. Here are some of the evidence you may use to justify self-defense in a domestic violence case:
Domestic violence cases are never easy. Learning more about New York domestic violence laws can help you fight against the resulting criminal prosecution.
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