Asked Questions
Criminal Law—
If I am arrested, can I get a bond?

Maybe.  You are entitled to a bond hearing within 72 hours.  We will represent you there.  We also will request a preliminary hearing where we can question law enforcement on the record and get a preliminary idea of what their evidence is.

What happens in plea negotiations?

There is often not a clear cut path from point A to point B.  We have worked for decades to build good relationships with prosecutors and judges, and those relationships are paramount in working on your case.  There are a number of things that could happen.  It is possible that you could be offered pretrial diversion, first offender, or a nolo plea.  Whether to take a plea is solely up to you.  We are the lawyers.  We will give you the best advice we can, but this is your life, and you get to make the big decisions.  If nothing else works, then we take the case to trial. 

What is discovery?

Discovery is the process by which we obtain evidence from the state about your case.  We will absolutely let you see what we receive and engage you in the process of working through the evidence.

What happens at arraignment?

Arraignment is the time when we enter a plea to the charges.  If we enter a not guilty plea, then we will also typically file discovery motions, and the case will be scheduled for another date, either for motions or for a trial calendar.

What is a motion to suppress?

A motion to suppress is a motion we file alleging that law enforcement improperly searched you or your property in violation of the Fourth Amendment.

I wasn’t over the legal limit, but I still got arrested?

You can be charged with what is called “DUI less safe”.  In essence, the state will allege that, while not over the legal limit, you were a less safe driver and had alcohol in your system.   Weaving within your lane of travel and speeding are both examples of less safe acts that can form the basis for a DUI charge.

How soon after a DUI arrest should I hire an attorney?

Immediately.  The officer will likely provide you with a 1205 notice of intent to suspend your license.  You have a limited time frame within which to notify the state that you want a hearing.  If you don’t do so, your license will be suspended.

Do I have to submit to the breath/blood/urine test?

Often people get confused, because they submit to the portable breath test on the side of the road.  That test result is only useful in the sense that it tells the officer whether you have alcohol in your system.  The number generated is not admissible.  You absolutely can refuse to submit to that test.  The test that you are given at the police station, the intox test, is different.  The number that it generates is admissible, and, if you refuse to take it, your license can be suspended for twelve months.  Ultimately, it is a balancing decision that you have to make.  If you take the test, the results could be damning.  If you don’t you could lose your license.

Do I have to submit to field sobriety exercises?

No.  Roadside field sobriety tests are voluntary.

Personal Injury—
What if we don’t settle?

The decision to go to trial is yours and yours alone.  It is your life, and we respect that.  If, after speaking with us,  you decide to go to trial then we will be prepared to go.

So if we hire you, how does the process work?

Depending on the case, we may hire a private investigator or accident reconstruction expert to work on your case. We will also gather and evaluate all of you medical records bills, verify your lost wages, and assess whether you will have ongoing bills in the future. We will summarize all of that information in a demand letter that we will send to the insurance carrier.

We will consult with you before we send the demand on your behalf. The insurance company then has thirty days to respond to our demand.

Should I let my medical insurance cover my accident related bills?

That is fine.  We will negotiate any insurance reimbursement claims after we settle the case.

What is a contingency fee?

It means that you pay nothing unless we recover on your behalf. 

The insurance company sent me a letter asking me to authorize them to get my medical records.  Should I?

Not without consulting with an attorney first.