The biggest mistake that we see is people not willing to address the case expeditiously. People, after they have been arrested, can be traumatized, scared, and very nervous about the whole interaction with law enforcement. They may not want to address it until it becomes too late. They wait a long period, and then that can make an attorney’s job more difficult. It is best, if you can, to contact a lawyer immediately, so we can begin the process of advising our clients on what needs to be done as soon as possible. When it comes to MVD cases, there is a very strict limit regarding a person’s driving privileges.
An individual only has fifteen days from the date of the allegation to protect their driving privileges. If those fifteen days comes and go and it has not been addressed, they may lose the right to contest the matter, or they may lose their driving privileges for a much longer period of time. We encourage people to contact an attorney as soon as possible to make sure that those deadlines are not missed so they can have their rights protected as quickly as possible.
Can I Contact An Attorney Prior To Deciding Whether Or Not To Take A Chemical Test?
Yes, you can contact an attorney about taking any chemical tests, blood tests or breath tests. It is helpful if you have an experienced attorney ready and available. Somebody that you know, can and will answer the phone, and be able to answer your questions. The police, once arrested, have to give you the opportunity to consult with an attorney, but they do not have to give you an unlimited amount of time to complete that consultation. Generally speaking, the police will give you about twenty minutes to complete that conversation. After that, the police will say that you are no longer entitled to a further delay in the case. The reason why they do that is that they have to draw your blood, or take a breath sample within the two hours from the time that the driving ceased. If it goes outside of those two hours, it can make the state’s case more difficult.
The police are very focused on that timeline, and they want to get that sample within those two hours. A person is in a much better position if they have an attorney on call, or somebody that they know will answer the phone to give them advice about whether or not they should give a sample, or not.
Will Someone Have A Court Appearance In The First Month After An Arrest?
Anytime somebody is arrested, according to the rules of criminal procedure, they are supposed to have their first appearance no later than thirty days from the arrest. The rules are pretty clear. That is a hard thirty-day deadline, but sometimes scheduling can be done erroneously, and those court dates can be scheduled further out. Sometimes they can be sooner, or completed more quickly than those thirty days, but as a rule, the first initial arraignment must be done within that time allotment. If a person is going to be held in custody, it is a much shorter period of time.
If they are in custody, they are going to see a judge within the first twenty-four hours. The Judge will then determine what to do with that individual regarding release conditions. The Judge will determine whether that person should be released, whether that person should be contacting a bond company, or whether that person is going to be non-bondable. A judge is going to be the gatekeeper on these decisions, and he or she makes that determination at one stage or another depending on the seriousness of the allegations.
How Often Should Someone Meet With Their Attorney In The First Month After An Arrest?
After an arrest, it is important to have at least an initial consultation with the attorney and client. They can have a very candid conversation about what happened and what to expect in the next several months, if not years depending on the charges. The first thirty days after an arrest, there is generally not a lot of action that is happening back and forth between the prosecutor’s office, the defense attorney, or the client. It is more of a waiting period, until the judge can complete the arraignment, and the case will then be rescheduled for a more substantive court date later.
It is not necessarily important to be meeting with an attorney once a week. It is more the task of making sure that your attorney and your goals are aligned so you understand what is going to happen after those first thirty days. As a rule, at least one good comprehensive meeting should be completed in that first thirty days.
For more information on Mistakes Committed After An Arrest, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (480) 400-1355 today.