Why You Need A Criminal Defense Attorney For Suspended Licenses

While driving with a suspended license is one of the most common crimes, it’s still a good idea to hire a Delaware criminal defense attorney. This is especially true if you’ve had several prior traffic violations.

Many people mistakenly assume that these are like any other traffic violations, and do not take the case seriously. However, any criminal defense lawyer in Delaware will tell you that an arrest for driving with a suspended license is in most cases still illegal, although just a misdemeanor. This can leave you with a permanent criminal record and will expose you to possible jail time, and paying significant fines, and perhaps even have to spend some time on probation. Even worse, as we will discuss later, in some circumstances, driving with a suspended license can come with a minimum sentence of imprisonment from 30 days to six months. If you have been arrested for driving with a suspended license, you need to retain the services of an experienced Delaware attorney.

Resolving the Charges

Resolving charges of driving with a suspended license requires a two-pronged approach. The first is the fight against criminal prosecution for driving with a suspended license in criminal court. The second involves working with the DMV (Department of Motor Vehicles) for a “restoration” of the driver’s license. Since each case is different usually we have to get in touch with the DMV directly to verify exactly why your license has been placed under suspension, and then work to eliminate these problems. Once you have resolved all the problems with the DMV, you must pay for getting the license restored. In the vast majority of cases, the attorney representing the state prosecutor’s office will want to see proof, like a letter from DMV that shows the restoration before taking any action on your case.

For first-time offenders who have not been charged with driving with a suspended license for a DUI or DWI (driving under the influence of alcohol or drugs) often, an attorney can get the state to reduce charges and lower fees.

When You Plead Guilty

The problem for those who plead guilty for driving with a suspended license is that the sentence causes additional factors for license suspension. The specific duration of this suspension is unknown and depends on several factors such as your driving history, any habitual suspensions, etc. Thus, more reasons you’ll require the advice and services of a Delaware lawyer.

In 2015, Delaware began the process of issuing driving privilege cards to undocumented immigrants, and because of this tedious process, many immigrants end up in the endless cycle of driving license suspensions.

To find a way out of this endless cycle of suspensions and get court cases resolved, immigrants should consult an experienced Delaware criminal  attorney. Even with a Delaware driving privilege card, those charged with operating a vehicle without a license will still accumulate a historical accounting of driving violations, which can prevent you from receiving any future license. More importantly, any criminal conviction, even those for traffic violations, will be used against you if trying to qualify for DACA. President Trump’s administration has mobilized to use any and all reasons to deport undocumented immigrants, and any criminal convictions, even misdemeanors have become valid reasons. It is therefore very important that undocumented immigrants are very wary of driving without a driver’s card or having multiple offenses of driving with a suspended license. If you are arrested for driving without a license or driving with a suspended license contact an experienced Delaware attorney immediately.

Helping Repeat Offenders

For many first offenders, a Delaware attorney can work out arrangements to reduce charges and fees. However, repeat offenders are subject to mandatory jail time and fines. A second offense can require jail time of up to 60 days and $1,000 dollars, and habitually driving with a suspended license can net you 6 months in jail and as much as $4,000. Moreover, you could lose the privilege to drive for a year.

There are solutions to solve these driving problems, however, it is a very complicated procedure, since in most cases the State Attorney and the court will want to see some progress towards obtaining a valid driver’s license, and not repeating the same issues. The bottom line is that, if you are operating a vehicle while your license is suspended you may face a misdemeanor charge of driving with a suspended license and the possible outcomes could become a domino effect that impacts your life.

What To Expect From Your Criminal Defense Lawyer

If you are in the unfortunate position of needing a criminal defense lawyer Los Angeles has many to choose from. Regardless of who you choose to help you, it benefits you to have as thorough a grasp as possible of the procedure, and what to expect.

The initial consultation with a criminal defense lawyer is typically free, while they determine whether to take your case and how best to handle it. It’s important to understand that legal representation is highly recommended, regardless of the type and severity of crime you have been charged with, although no attorney is obligated to take your case. It’s also important to understand at the outset what their fees might be, and to make sure you can afford to use their services; you may be expected to pay a retainer fee at this time.

Once an attorney has decided to accept your case, one of the first steps they will take is to determine how to come up with the best strategy for your defense. Providing full and accurate information and answering any questions honestly is important at this early stage, to ensure you have the best chance of success. Of course, the exact nature of the crime will make a difference to your possible defense, as well as whether you have been accused of a crime or a misdemeanor. A misdemeanor includes resisting arrest, vandalism or driving while intoxicated, while more serious crimes include robbery and murder.

Assuming that you have found a criminal defense lawyer and they are prepared to take your case, they can also help you with the bail process. Being able to post bail depends on several factors, including how serious a crime you have been charged with, your past criminal record, and your overall good character. In general, bail is more likely to be granted if the crime isn’t too serious and it’s your first offense, and it means that you won’t have to go to jail – at least not yet.

In every felony case, the accused has the right to have what is known as a preliminary hearing, at which it is decided whether the case will go to trial or not. This hearing has to take place within a certain amount of time after being arrested, and you do have the right to waive the hearing; again, it’s an area where an experienced criminal defense attorney can help. The next step is a pre-trial conference at which you can talk about possible resolutions to avoid bringing the case to trial. You may be able to bargain for a lesser sentence and therefore avoid the need to go to trial.

During this time, your defense lawyer is busy trying to find the best possible solution for the case and do all possible to avoid a trial. He or she will gather together as much information as possible, talk to witnesses and basically try to get together as strong a case as possible. Depending on the circumstances and the nature of the crime or misdemeanor, video, audio or photographic evidence may be researched and used either against you or in your defense. It’s important to maintain regular contact with your attorney throughout the process, and remember that they are doing their best to help you.

Of course, your goal is to avoid a trial if possible, but if a trial does take place, it can be months after the initial charges were made, especially for less serious crimes. Sentencing may take place at the time, or it may be scheduled at some point in the future. Your defense lawyer is still working tirelessly to prepare for the trial and doing their best to ensure a favorable outcome.

Although it’s easy to find a criminal defense lawyer in Los Angeles, it’s worth taking time and doing some research to find the ideal person. Don’t be afraid to ask questions to narrow down your choices, and it’s also recommended to work with someone with the right combination of relevant experience and qualifications. Because legal requirements and procedures vary from state to state, you should work with a lawyer who knows the system in California. Keep in mind you will be working closely with your lawyer for weeks or perhaps longer; the process can take a lot longer from start to finish than most people imagine.

Haddleton

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We will help educate you on all different kinds of subjects ranging from personal injury to divorce and family law to all kinds of criminal defense topics.