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Will I Lose My License After a DUI Stop?

Will I Lose My License After a DUI Stop in Cincinnati?

So, you got pulled over – and the officer suspects you were driving under the influence. Your mind is racing, “What now? Will I lose my license? How will I get to work?” Take a deep breath, we’re here to walk you through this step-by-step.First things first, let’s look at the cold, hard facts about DUI license suspensions in Ohio. The state has some harsh penalties on the books – but that doesn’t mean you’re defenseless. With the right strategy and a killer DUI attorney, you may be able to avoid a suspended license altogether.

Ohio’s DUI License Suspension Laws

In Ohio, if you’re convicted of a DUI (or what they call an “OVI” – Operating a Vehicle Impaired), your driver’s license will absolutely be suspended. The length depends on a few factors:

  • First Offense: 1-3 year suspension
  • Second Offense: 1-7 year suspension
  • Third Offense: 2-12 year suspension
  • Test Refusal: Minimum additional 1-year suspension tacked on

So yeah, they don’t mess around. But, there’s a catch – these suspensions aren’t automatic for first-time offenders. The judge has some discretion on whether to impose the full suspension or allow you to drive with restrictions.That’s where having an elite DUI lawyer comes in huge. They know exactly what evidence to present and arguments to make to keep you driving.

The Ohio BMV Administrative License Suspension

In addition to court suspensions, Ohio has a separate “Administrative License Suspension” (ALS) process through the BMV. This happens rapidly after an arrest – before you’re ever convicted.If you fail or refuse a chemical test (breathalyzer, blood, urine), the officer will immediately seek to suspend your license through the BMV’s administrative process. The suspension lengths are:

  • Test Failure (.08 or above): 90 day suspension, plus restrictions after
  • Test Refusal: 1 year minimum suspension

So even if you beat the DUI charges in court, you could still face this BMV suspension. That’s why it’s critical to request a prompt BMV appeal hearing after an OVI arrest. Your lawyer can fight to prevent this suspension from ever taking effect.

How to Prevent a License Suspension After a DUI

Okay, now that we’ve covered the laws, let’s get into strategy. Here are the top ways an elite DUI defense firm like ours can fight to keep your license after an OVI arrest:

1. Challenge the Traffic Stop
Was the initial traffic stop even valid? If not, your attorney can argue to have all evidence suppressed – including breath/blood tests. With no valid evidence, there’s no grounds for suspension.

2. Dispute the Probable Cause for Arrest
Even if the stop was legal, the officer still needs probable cause to arrest you for DUI. Did they follow proper procedures with the field sobriety tests? Document every detail? If not, a strong defense can torpedo their case

.3. Attack the Chemical Test Results
Breathalyzers are actually highly unreliable machines prone to false readings. Your lawyer can bring in experts to question the device’s calibration, the officer’s training, rising blood alcohol levels, and more.

4. Negotiate for a Plea Bargain
If the evidence is stacked against you, a skilled negotiator may be able to plead down to lesser charges that don’t trigger a license suspension, like reckless operation.

5. Leverage Mitigating Factors
Things like a close-to-legal BAC level, clean driving record, or alcohol assessment can help persuade a judge to go lighter on you at sentencing.

6. Request Driving Privileges
Even if you end up suspended, your lawyer can fight to at least get privileges for work, school, medical needs, etc. It’s not ideal, but beats a total suspension.

7. Win the BMV Appeal Hearing
As mentioned, you have a short window to appeal the BMV’s suspension after arrest. Having a lawyer who knows this process inside-and-out is crucial.At the end of the day, every OVI case is unique. You need a law firm that will take a personalized, detail-oriented approach to your situation – not a cookie-cutter defense. That’s exactly what you’ll get when you hire the Spodek Law Group.

What to Do After a DUI Stop in Cincinnati

So, what do you do, if you get hit – with one of these things? Here’s a quick checklist:

  1. Stay Calm and Comply. Don’t argue with the officer, just follow instructions. The time for fighting is later in court.
  2. Refuse Chemical Tests. In Ohio, it’s actually better to turn down breath, blood, or urine tests if asked. This prevents the BMV from immediately suspending your license.
  3. Hire a DUI Lawyer ASAP. The sooner you have legal representation, the better they can start protecting your rights and driving privileges. Don’t try handling this alone.
  4. Request a BMV Hearing Immediately. Your attorney will know exactly how to demand this hearing to block the administrative suspension.
  5. Collect Any Evidence. If you have a witness who saw you driving fine, video of the stop, receipts from where you were drinking – anything relevant, get it to your lawyer.
  6. Be Fully Transparent. Don’t hold anything back from your defense team. The more they know, the stronger your case will be.
  7. Stay Off the Road. As tough as it is, don’t drive at all after the arrest until you get this sorted out. You can’t afford another OVI charge.
  8. Be Patient and Let Your Lawyer Work. Fighting an OVI takes time. Trust in your attorney’s strategy as they negotiate for the best possible outcome.

Look, we get it – this is an incredibly stressful situation. But with the right defense team on your side, it’s absolutely possible to avoid a full license suspension and keep driving in Ohio. Don’t try to navigate this legal minefield alone.

Why Hire the Spodek Law Group?

There’s one reason you’re on this website: you’re looking for an elite criminal defense law firm. One that will leave no stone unturned to protect your rights and driving privileges after a DUI arrest.Most law firms implement a cookie cutter strategy in order to fight your case, and save their own time. They don’t look carefully at your situation – they simply want to move on to the next case. At Spodek Law Group, we leave no stone unturned. We do everything possible to win. Everything we do is focused on getting you results.We understand the difficult and challenges of going through a case. If you’re accused of a crime, schedule a consultation with our criminal attorneys today.Sometimes prosecutors will only be fair if you respond with force to them. Without an attorney advising you, you might accidentally plead guilty when you could’ve won the case. The only way to truly know is to hire a private criminal defense attorney.At Spodek Law Group – we pride ourselves on taking a hands-on approach. It means researching the exact situation surrounding your case, and putting in the leg work to be familiar with every single intimate detail. Our firm has excellent work ethics, and we constantly hold firm meetings in order to discuss and address all of our cases. In the event of an emergency – we have a full team of lawyers available to help you.Regardless of how tough your situation is – we are here to help you. Our criminal defense lawyers work hard to have a solution for you, irrespective of the situation you find yourself in. Many clients are often embarrassed by their situation, and don’t speak openly about their alleged issue. We encourage open dialogue, and recommend full transparency – so we can give you the best possible legal advice.The Spodek Law Group handles cases nationwide. We have offices in NYC and Los Angeles.

Beating an OVI Charge in Cincinnati

So, how exactly can a top-tier DUI firm get you the best outcome after an OVI arrest in Cincinnati? Let’s look at some of the most common defense strategies:

Challenging the Traffic Stop
For an OVI charge to hold up, the initial traffic stop must be legitimate. Your attorney will scrutinize every aspect of the stop for any pretext stops, lack of probable cause, or violations of your constitutional rights.

Questioning the Field Sobriety Tests
Those roadside agility tests that officers have you perform? They’re completely subjective and prone to false results. We’ll dissect the administration of the tests, the officer’s qualifications, and whether the tests were even appropriate for your individual circumstances.

Disputing the Probable Cause for Arrest
Based on the stop details and field sobriety test performance, did the officer truly have probable cause to arrest you? If not, your entire OVI case becomes inadmissible.

Analyzing the Chemical Test Results
Breathalyzers are shockingly unreliable machines that can render inaccurate readings for a variety of reasons. We’ll bring in toxicology experts to reexamine the test conditions, calibration records, rising blood alcohol levels, and more.

Identifying Violations of Title 49
Police are required to follow strict regulations under Title 49 of the Ohio Revised Code when making DUI arrests. Any deviations can completely undermine the state’s case.

Negotiating for a Plea Bargain
Sometimes the evidence is stacked against you, but a skilled negotiator may still be able to plead down to lesser charges that don’t trigger a license suspension.

Leveraging Mitigating Factors
Things like a borderline-legal BAC level, alcohol assessment results, lack of prior offenses, or other mitigating circumstances can help persuade the judge for leniency at sentencing.The bottom line: we’ll leave no stone unturned examining every possible angle to beat your OVI charge. And if the evidence is overwhelming, we’ll fight to minimize the penalties as much as possible.

Frequently Asked Questions

Will I automatically lose my license after a DUI in Ohio?
Not necessarily for first-time offenders. While suspensions of 1-3 years are possible, judges have discretion to allow driving privileges or reduce the suspension length with a good defense.

How long is the license suspension for a first OVI in Ohio?
It ranges from 1-3 years, with a mandatory minimum of 15 days with no driving at all. But a skilled lawyer can argue against the maximum.

What’s the difference between an OVI and DUI in Ohio?
OVI (Operating a Vehicle Impaired) is simply Ohio’s legal term for a DUI (Driving Under the Influence). The charges are the same.

Do I need a lawyer for a first offense OVI in Cincinnati?
Absolutely. Having proper legal representation from the start provides the best chance at avoiding a license suspension and keeping your record clean.

How much does a DUI lawyer cost in Cincinnati?
Costs can vary widely based on experience, fee structures, etc. Top firms may charge $3,000-5,000 for a first offense. But avoiding a suspended license is invaluable.

What’s the worst-case scenario for an OVI conviction in Ohio?
For a first offense with low test results and no aggravating factors, it’s typically 3 days jail, $375-1,075 fine, and a 1-3 year license suspension. But a skilled lawyer can help minimize those penalties.

Can I drive for work/school if my license is suspended for an OVI?
Potentially, yes. Your attorney can request limited driving privileges as part of your sentence. But you’ll need to make a very strong case.

How long does a DUI conviction stay on my record in Ohio?
An OVI conviction will remain on your driving record permanently in Ohio. However, it may be possible to have it sealed after a period of time with no further offenses.

Don’t Lose Your Driving Privileges – Hire the Best

Look, we get how scary and overwhelming this whole OVI process can feel. Having your driving privileges hanging in the balance is stressful as hell. But you don’t have to just accept whatever suspension or penalties the court wants to throw at you.By hiring the Spodek Law Group’s elite team of Cincinnati DUI defense attorneys, you give yourself the absolute best chance at keeping your license and beating an OVI charge. Our firm will pour all its resources into personalizing an aggressive defense strategy for your unique situation.

Will I Go to Jail for Theft?

Will I Go to Jail for Theft in Cincinnati?

So, you’ve been accused of theft in Cincinnati – it’s a serious situation, but take a deep breath. We’ll walk through this together, step-by-step. The consequences for theft charges can vary widely depending on the specifics of your case, but with the right legal strategy, you may be able to avoid jail time123456.

Understanding Theft Charges in Ohio

First, let’s look at how Ohio classifies theft crimes. The value of the stolen property or services is a key factor:

  • Petty Theft (under $1,000) is a misdemeanor, punishable by up to 180 days in jail and/or a $1,000 fine13.
  • Theft ($1,000 – $7,499) is a 5th degree felony, with 6-12 months potential jail time and up to $2,500 in fines124.
  • Grand Theft ($7,500 – $149,999) is a 4th degree felony, carrying 6-18 months jail time and up to $5,000 in fines124.
  • Aggravated Theft ($150,000+) can be a 1st-3rd degree felony, with penalties ranging from 1-10 years in prison and up to $20,000 in fines124.

So, whether you’ll face jail depends heavily on the alleged theft amount. But, there are other factors that can increase the charges, like if the victim was elderly, disabled, or an active military member124.

Building a Strong Defense Strategy

Now, even if you’re facing felony charges, that doesn’t necessarily mean you’ll be going to jail. An experienced Cincinnati criminal defense attorney can explore potential defenses and mitigating factors to potentially get the charges reduced or dismissed2345.Some common defense strategies include:

  • Lack of intent to permanently deprive
  • Claim of right (believing you had ownership)
  • Entrapment by law enforcement
  • Mistaken identity or facts
  • Constitutional violations during arrest/search

Your lawyer will carefully review all evidence, witness statements, and circumstances surrounding the alleged theft to identify every possible avenue for challenging the prosecution’s case2345.

Negotiating for Alternative Sentencing

In some cases, particularly for first-time offenders charged with lower-level felonies, the defense may be able to negotiate for alternative sentencing options besides jail, such as234:

  • Probation
  • Community service
  • Restitution/repayment plans
  • Diversion programs
  • Suspended sentences

Ultimately, whether you’ll go to jail depends on the specific charges, your prior record, and the strength of your legal defense. But, with an experienced theft crimes attorney on your side, you’ll have the best chance at minimizing consequences and protecting your future2345.

Getting the Right Legal Representation

So, if you’re facing theft accusations in Cincinnati, don’t wait – your first step should be consulting with a top criminal defense firm immediately. Look for attorneys who specialize in theft cases, with extensive trial experience and a deep understanding of Ohio’s laws2345.At Spodek Law Group, our elite team of former prosecutors and legal experts will leave no stone unturned in building an aggressive defense strategy aimed at getting you the best possible outcome. We understand how overwhelming this situation can feel, but you don’t have to face it alone2345.

Will a Juvenile Crime Stay on My Record Forever?

Will a Juvenile Crime Stay on Your Record Forever in Cincinnati?

The Burning Question

So, you messed up as a kid – we’ve all been there, right? But now you’re wondering, will that mistake haunt you forever? Will a juvenile crime stay on your record permanently in Cincinnati? Take a deep breath – because we’ve got answers.

The Basics: Sealing vs. Expungement

First things first, let’s get some terminology straight. In Ohio, there are two main ways to deal with a juvenile record:

Sealing: This means your record is removed from general view and filed away separately. It still technically exists, but only a few authorized parties can access it.

Expungement: This is the full monty – your juvenile record is completely destroyed, like it never even happened.Now, which one applies to your situation? Well, that depends on a few factors.

The Sealing Process

In Ohio, most juvenile records are eligible for sealing – with a few exceptions we’ll cover later. Here’s how it typically goes down:

  • You must wait until you’re an adult, and then apply to have your juvenile record sealed through the court system.
  • The judge considers whether you’ve been rehabilitated and are no longer a risk. Things like good behavior, education/employment, and personal statements can help your case.
  • If approved, your record gets sealed away from public view. You can legally say you have no record for most purposes like jobs, housing, etc.

But heads up – the sealing isn’t automatic. You have to take that first step and file for it, usually at least 2 years after your case was closed or you were released.

The Expungement Option

Expungement is the next level – getting your juvenile record completely shredded. In Ohio:

  • Most sealed juvenile records qualify for expungement after 5 years or when you turn 23 – whichever comes first.
  • You can also apply to have a sealed record expunged sooner if you don’t want to wait.
  • Once expunged, it’s like your juvenile record never existed at all. Poof, gone!

So in many cases, that youthful mistake can truly become ancient history on your record.

When Sealing/Expungement Isn’t Possible

Now for the exceptions – because sadly, not every juvenile record can be sealed or expunged in Ohio. The big no-nos are:

  • Murder
  • Aggravated murder
  • Rape

If you were convicted of one of those as a juvenile, that record is going to follow you. No sealing, no expungement, no fresh start.There are also some cases where the judge may deny sealing if they don’t feel you’ve been fully rehabilitated yet. Factors like your age at the time of the crime, the seriousness of the offense, and any other charges on your record can all play a role.

The Consequences of Not Sealing

Okay, but what’s the big deal if your juvenile record sticks around? Why pursue sealing or expungement?Well, having that record visible can massively limit your opportunities as an adult. A few examples:

  • Employers can see it and decide not to hire you
  • Landlords may deny you housing
  • You could miss out on educational programs or professional licenses
  • It may show up in background checks, hampering your ability to travel, adopt children, etc.

Basically, an open juvenile record can keep following you around and making life harder, years or decades after you put that mistake behind you.So while it’s not a literal life sentence, having your record sealed or expunged gives you a clean slate and prevents it from holding you back as a responsible adult.

The Expungement Process Step-by-Step

Feeling motivated to pursue expungement now? Here’s a quick step-by-step on how it’s done:

  1. Check your eligibility: Make sure your juvenile offense qualifies for sealing first. As mentioned, violent crimes like murder and rape are ineligible.
  2. File for sealing: You’ll need to properly file the sealing paperwork and forms with the juvenile court where your case was held. This includes details on your offense, personal info, and reasons for requesting a seal.
  3. Attend a hearing: In some cases, you may need to go to a court hearing and make your case for sealing before a judge. Having an attorney to represent you here is highly recommended.
  4. Get sealed: If approved, your juvenile record will be physically and digitally sealed away from public view.
  5. Wait the time period: In most cases, you’ll need to wait 5 years or until age 23 before your sealed record can be expunged.
  6. Apply for expungement: File the proper forms and paperwork requesting to have your sealed juvenile record permanently expunged and destroyed.
  7. Celebrate your fresh start!: Once the expungement goes through, that mistake is officially erased from your record. You’re free to pursue jobs, housing, education, and any other opportunities – all with a clean slate.

Of course, this process can get complicated with legal technicalities. Having an experienced expungement attorney guide you through can make a huge difference.

When to Pursue Expungement

The sooner, the better! You’ll want to get that process started as soon as you’re eligible for sealing.Why? Because that juvenile record can create obstacles and limitations even before you start applying for jobs or housing. Many background checks will still find it and make judgments.So by pursuing expungement right away, you can maximize your window of opportunity as an adult and ensure that mistake doesn’t keep holding you back any longer than necessary.

How an Attorney Can Help

Look, navigating the sealing and expungement process alone is tricky. There are very specific forms to fill out, hard deadlines to meet, and plenty of legal nuances that can trip you up.Having a skilled expungement attorney not only ensures you don’t make any costly mistakes, but also:

  • They know all the legal ins-and-outs and can fight for your rights
  • They can present the strongest possible case to the judge for sealing
  • They handle all the tedious paperwork so you don’t have to
  • They stand by your side and advocate for you through every step

Basically, an expungement lawyer gives you the best chance of getting that fresh start you deserve.

Your Fresh Start Awaits

So in summary – yes, a juvenile crime can potentially stay on your record forever in Cincinnati if you don’t take action. But in most cases, you have a path to sealing and expungement that allows you to wipe that slate clean.It takes some work, but pursuing expungement is absolutely worth it to remove those limitations and be judged by who you are today, not who you were as a kid. With some professional legal guidance, that fresh start and brighter future could be just around the corner.

Why Is My DUI Case Set for a Motion to Suppress?

Why Is My DUI Case Set for a Motion to Suppress?

So, you’ve been charged with a DUI – and your attorney says your case is going to a “motion to suppress” hearing. What does that even mean? Well, take a deep breath – because a motion to suppress could be a huge opportunity to get some critical evidence thrown out of your case.But first, let’s back up a bit. When you’re charged with driving under the influence, the prosecutor’s whole case rests on the evidence the police gathered against you – things like:

  • The reason they initially pulled you over
  • Their observations of your behavior, appearance, etc.
  • The results of any field sobriety tests
  • Breathalyzer or blood test results
  • Any statements you made

Without that evidence, the prosecutor has no case. So, if your attorney can get some (or all) of that evidence suppressed – aka thrown out and deemed inadmissible – it could seriously undermine the charges against you.

What Is a Motion to Suppress?

A motion to suppress is quite simply a request to the judge asking them to prohibit certain evidence from being used at your trial because it was obtained illegally or improperly by the police.Maybe the officer didn’t have legal grounds to pull you over in the first place. Or perhaps the breathalyzer test wasn’t administered correctly. Whatever the reason, if the judge agrees the evidence was obtained through misconduct or violation of your rights, they can suppress it.And without that evidence, the prosecutor’s case gets much, much weaker. In fact, if they suppress enough evidence, the case could get dismissed entirely. So, you can see why a motion to suppress is such a crucial part of a DUI defense strategy.

Common Reasons for Suppressing DUI Evidence

There are a number of common grounds for suppressing evidence in a DUI case. Here are some of the biggest:

Lack of Reasonable Suspicion for the Traffic Stop

For a traffic stop to be legal, the officer needs “reasonable suspicion” that a violation or crime occurred. They can’t just pull you over on a hunch.So, if the officer’s stated reason for the stop doesn’t hold water – like they said you crossed the center line, but dashcam footage shows you didn’t – that’s grounds for suppression. Without a valid reason for the initial stop, everything after could get thrown out.

Improperly Administered Field Sobriety Tests

Those roadside agility tests are incredibly subjective. And officers have to follow strict procedures in administering them, like giving you the proper instructions.If they deviated from the protocols at all, your attorney could argue the tests were faulty and should be inadmissible. No field sobriety test results means no “objective” evidence you were impaired.

Problems with the Breathalyzer or Blood Test

Breathalyzers and blood tests are complex machines subject to all kinds of potential issues – from improper calibration to tainted samples. If your attorney can show any problems with the equipment, procedures, or chain of custody, those test results could get suppressed.And without hard BAC numbers, the prosecutor’s case becomes much harder to prove.

Lack of Probable Cause for Arrest

Before arresting you, the officer needs “probable cause” that you committed a DUI – meaning a reasonable basis to believe you were driving under the influence. If your attorney can show the officer lacked that probable cause, everything after the arrest (including test results and statements) could get suppressed.

Miranda Violations

You’ve heard it on TV – “You have the right to remain silent…” If the officer questioned you without reading those Miranda rights after your arrest, your statements could be inadmissible.Those are just some of the biggest potential suppression issues in a DUI case. But there could be others, depending on the specific facts. That’s why having an experienced DUI attorney carefully review every detail is crucial.

The Motion to Suppress Process

So how does this motion to suppress process actually work? Generally, it goes something like this:First, your attorney will file a written “motion to suppress” with the court that lays out the reasons why certain evidence should be deemed inadmissible. The prosecutor will respond arguing why that evidence should be allowed.Then, the judge will hold a “suppression hearing” where both sides can make their arguments, question witnesses like the arresting officers, and present any other relevant evidence about how the DUI evidence was obtained.The judge will then decide, piece-by-piece, what evidence should be suppressed from your trial based on the arguments and facts presented.If the judge agrees to suppress key evidence, the prosecutor has to re-evaluate whether they even have a viable case anymore. Many times, losing critical evidence like breath or blood test results leads the prosecutor to dismiss charges entirely.Other times, they may be forced to re-file charges or pursue a plea bargain to a lesser offense because their case has been severely weakened. Either way, a successful motion to suppress can completely change the trajectory of your DUI case.

Why Suppression Issues Matter

Look, we get it – all this legal maneuvering over whether evidence should be allowed can feel like a technicality, especially if you actually were driving impaired (although that’s not something you should admit to anyone but your attorney, by the way).But those constitutional protections against unreasonable searches, unlawful arrests, coerced statements, etc. exist for really good reasons. They protect all of us from police overreach and misconduct.So when an officer cuts corners or violates those rules, there have to be consequences. Motions to suppress evidence are one of the main ways our justice system enforces those protections.Plus, even if you did make a mistake and drive under the influence, you still have rights. And law enforcement has to play by the rules in obtaining evidence against you. Suppressing improperly gathered evidence isn’t about a technicality – it’s about holding the system accountable.

Why You Need an Experienced DUI Lawyer

Motions to suppress evidence are extremely complex, highly technical matters of law. The rules around what constitutes a legal traffic stop, arrest, interrogation, and collection of evidence are nuanced and constantly evolving through new court decisions.A skilled DUI defense attorney lives and breathes these issues. They know all the current laws and cases, and exactly what legal arguments to make for suppressing evidence in your specific situation.They also know how to effectively cross-examine officers, scrutinize police reports and dashcam footage, and present a compelling case to the judge about any violations of your rights.Trying to handle a motion to suppress on your own is basically impossible for a non-lawyer. You’d be going up against a professional prosecutor with a huge legal knowledge advantage.The consequences of losing and having key evidence admitted are too high to risk it. Having the right DUI lawyer handling your suppression issues could literally make or break your entire case.

What to Do If Your Case Is Going to a Suppression Hearing

So, if your DUI attorney says your case is headed for a motion to suppress hearing, here’s what you should do:First, have an open and honest conversation with your lawyer about what exactly will be argued to suppress, and why. Make sure you understand the legal grounds they’ll be making their case on.Then, go over all the specific details and evidence again with them – things like:

  • Exactly what happened during the traffic stop and arrest
  • How the officer behaved and what they said to you
  • Any issues you noticed with field sobriety tests or breathalyzers
  • When you were read your Miranda rights (if at all)

Basically, provide your attorney with any and all information that could be relevant to their suppression arguments. The more they know, the stronger their case will be.You may also be asked to testify at the suppression hearing about your recollection of events. If so, thoroughly prepare with your lawyer beforehand.Finally, trust the process and let your attorney do what they do best. Suppression issues are incredibly nuanced areas of law that take years of experience and specialized knowledge to navigate well.The bottom line? If your DUI case is going to a motion to suppress hearing, it means your lawyer has identified some potential issues with how the evidence against you was obtained. And that could be great news for your case – so long as you have the right legal expertise on your side.

When to Discuss Suppression Issues with a Lawyer

The earlier in your case you can discuss potential suppression issues, the better. An experienced DUI attorney will want to scrutinize the evidence against you from literally the moment you were first pulled over.The best time is before you’re even charged or arraigned. As soon as you’re released from custody after a DUI arrest, you should be consulting with a lawyer to get the process started of analyzing everything for suppression issues.But don’t worry – it’s never too late to bring up potential suppression arguments. Your lawyer can file suppression motions at virtually any point before a trial starts.The key is being proactive and giving your attorney as much time as possible to thoroughly investigate and prepare their suppression strategy. The sooner you involve them, the better your chances of getting improper evidence excluded.

Finding the Right Lawyer for Suppression Issues

When your entire DUI case could hinge on a motion to suppress hearing, you need a lawyer with specific expertise in that area. Look for an attorney who has:

  • Extensive experience handling DUI cases and suppression issues
  • A track record of winning suppression hearings
  • Specialized training in areas like cross-examining officers and analyzing field sobriety tests
  • Knowledge of all relevant state laws and recent court decisions
  • A reputation for being extremely thorough and detail-oriented

Don’t just take a lawyer’s word for it that they’re qualified – ask for examples of successful suppression motions they’ve done. Get a sense of their specific strategies in these areas.You’re trusting this person to literally make or break your case, so you need to vet them thoroughly. A general criminal defense attorney who doesn’t focus on DUI may not have the specialized skills required.The bottom line? Having the right lawyer handling suppression issues in your DUI case is absolutely crucial. Make sure you find someone who specializes in this area and has a proven track record. It could mean the difference between a conviction and walking away.

Potential Outcomes After a Suppression Hearing

So what could happen after your motion to suppress hearing? There are a few potential outcomes:Best case scenario: The judge grants your motion to suppress and throws out all or most of the key evidence against you. With little or no admissible evidence left, the prosecutor may be forced to completely dismiss the DUI charges.Decent scenario: Some evidence gets suppressed, but not enough to completely undermine the prosecutor’s case. However, losing things like breath test results still significantly weakens their position. They may be more open to negotiating a plea bargain for lesser charges.Worst case scenario: The judge denies your motion to suppress and allows all the evidence to be admitted at trial. Your case then proceeds as the prosecutor intended, using all the evidence against you.No matter what happens, your lawyer will discuss the implications with you and adjust their strategy accordingly. If evidence does get suppressed, they’ll advise if it makes sense to push for a dismissal or take the prosecution’s best plea offer.And if the motion is denied, they’ll need to prepare for trial and potentially argue other evidentiary issues or defenses. The fight is definitely not over at that point.The key is managing your expectations throughout the process. Motions to suppress are extremely difficult legal battles. Just because one is filed doesn’t guarantee anything will get excluded.But with the right lawyer, you’ll have given yourself the best possible chance of getting improper evidence thrown out. And that could be a total game-changer for your DUI defense.

Why Hire a Criminal Defense Attorney?

You’ve Been Accused of a Crime – Now What?

There’s one reason you’re on this website: you’re looking for an elite criminal defense law firm, because you or someone you care about has been accused of a crime. So, let’s cut right to the chase – hiring a top-notch private criminal defense attorney could be the most important decision you make.Most law firms implement a cookie cutter strategy in order to fight your case, and save their own time. They don’t look carefully at your situation – they simply want to move on to the next case. At Spodek Law Group, we leave no stone unturned. We do everything possible to win. Everything we do is focused on getting you results.We understand the difficult and challenges of going through a case. If you’re accused of a crime, schedule a consultation with our criminal attorneys today.

Why You Need a Private Criminal Defense Lawyer

Being charged with a crime is terrifying, but you don’t have to face this situation alone. A private criminal defense attorney is your advocate, your support system, and quite possibly, the key to your freedom.So, why not just use a public defender? Well, public defenders are overworked and underpaid – they simply don’t have the time or resources to give your case the individualized attention it deserves. With private representation from Spodek Law Group:

  • Your case gets our full, meticulous focus from day one
  • We have the financial means to hire expert witnesses, investigators, and conduct exhaustive research
  • You get direct access to your attorney, keeping open lines of communication
  • We tailor a unique defense strategy for your specific situation

Sometimes prosecutors will only be fair if you respond with force to them. Without an attorney advising you, you might accidentally plead guilty when you could’ve won the case. The only way to truly know is to hire a private criminal defense attorney.At Spodek Law Group – we pride ourselves on taking a hands-on approach. It means researching the exact situation surrounding your case, and putting in the leg work to be familiar with every single intimate detail. Our firm has excellent work ethics, and we constantly hold firm meetings in order to discuss and address all of our cases. In the event of an emergency – we have a full team of lawyers available to help you.

Being Transparent Helps Your Defense

Regardless of how tough your situation is – we are here to help you. Our criminal defense lawyers work hard to have a solution for you, irrespective of the situation you find yourself in.Many clients are often embarrassed by their situation, and don’t speak openly about their alleged issue. We encourage open dialogue, and recommend full transparency – so we can give you the best possible legal advice.It’s simple: every single client deserves honesty and white glove service. We know this process is stressful, so we aim to put you at ease while aggressively protecting your rights.The Spodek Law Group handles cases nationwide. We have offices in NYC and Los Angeles.

What Does a Criminal Defense Attorney Do?

A criminal defense lawyer’s primary role is to uphold your constitutional rights and ensure you receive a fair trial. But their responsibilities go far beyond that – let’s explore some key duties:

Investigating the Case

As soon as we’re hired, our team immediately begins an in-depth investigation into your situation. We:

  • Obtain all evidence from the prosecution
  • Interview any witnesses
  • Visit and examine all potential crime scenes
  • Utilize private investigators to uncover new facts
  • Analyze all evidence to identify weaknesses in the prosecution’s case

This rigorous process allows us to build the strongest possible defense strategy tailored to your unique circumstances.

Navigating the Criminal Justice System

The criminal justice system is incredibly complex, with protocols and deadlines that are easy to miss if you don’t have experience. Your Spodek Law Group attorney will:

  • Ensure you meet all requirements and deadlines
  • Represent you at arraignments, bail hearings, and all court appearances
  • File any necessary motions or appeals on your behalf
  • Explain all your rights and options at each stage
  • Demystify the legal jargon and make sure you understand what’s happening

Having an expert guide can make a tremendous difference in the outcome of your case.

Negotiating Plea Bargains

In some situations, the prosecution may offer you a plea bargain – a deal to plead guilty to a lesser charge. Your attorney will:

  • Evaluate whether the plea bargain is in your best interests
  • Negotiate details like reduced charges or sentencing
  • Ensure you understand all terms before accepting a deal
  • Proceed to trial if the plea bargain is unacceptable

Approximately 90% of criminal cases are resolved through plea bargains. Having skilled representation significantly increases the chances of receiving a fair deal.

Representing You at Trial

If your case proceeds to trial, your Spodek Law Group defense attorney will:

  • Deliver an opening statement to the jury
  • Cross-examine the prosecution’s witnesses
  • Present evidence and witnesses that support your defense
  • Object to any inadmissible evidence or prosecutorial misconduct
  • Deliver a closing argument summarizing why you should be acquitted

With decades of combined trial experience, our attorneys are formidable litigators capable of dismantling the prosecution’s case.

Mitigating Potential Sentencing

Unfortunately, some cases do end in conviction. In this scenario, your lawyer will:

  • Argue for the most lenient sentencing possible based on circumstances
  • Request alternative sentencing like probation over incarceration
  • File appeals if there were any errors impacting the verdict

Our goal is to minimize consequences and protect your future, even after a conviction.

Providing Emotional Support

Being accused of a crime is emotionally devastating. Your Spodek Law Group attorney will be by your side, supporting you by:

  • Answering all your questions patiently and compassionately
  • Preparing you for each stage so you know what to expect
  • Ensuring you understand all your rights and options
  • Guiding you through this stressful process with empathy

We take a team approach, collaborating closely with you to achieve the best resolution.As you can see, an experienced private criminal defense lawyer provides invaluable services and expertise. Trying to navigate the legal system alone is extremely risky – which is why hiring the right attorney is so crucial.

How to Choose the Best Criminal Defense Lawyer

Not all criminal defense attorneys are created equal. When your future is on the line, you need to be extremely selective to ensure you have top-tier representation. Here are some key factors to consider:

Experience and Specialization

Look for an attorney who specializes specifically in criminal defense, with extensive experience handling cases just like yours. Ask about:

  • Their track record of success with similar cases
  • How long they’ve practiced criminal law
  • Percentage of their practice devoted to criminal defense

An attorney’s history and focus area will give you insight into their skill level and expertise.

Availability and Attention

Your case deserves an attorney’s full, undivided attention. Evaluate:

  • The size of their current caseload – too many cases could mean inadequate time for yours
  • Whether they make themselves available for meetings and calls
  • If they personally handle all aspects of your case, or pass work to associates

You want a lawyer who is truly present and accessible when you need them.

Reputation and Reviews

A quick way to gauge an attorney’s abilities is to look at:

  • Reviews from former clients about their experience
  • Ratings and accolades from legal organizations
  • Whether they have a clean disciplinary record

This offers an objective measure of their skills and professionalism.

Rapport and Communication

Since you’ll be working closely with your lawyer, it’s important you have a strong rapport. Pay attention to:

  • How well they explain complex legal concepts in plain language
  • Whether they are patient, listen attentively, and let you ask questions
  • If they put you at ease and instill confidence in their abilities

You need to feel comfortable being fully transparent with your attorney.

Legal Fees and Billing

Be upfront about your budget and get fee structures and billing processes in writing, including:

  • Whether they charge hourly or flat rates
  • What services are included in their fees
  • If they offer payment plan options
  • How often you’ll receive invoices

Unexpected costs should be avoided, so have an open discussion about finances.At Spodek Law Group, we meet all these criteria and more. Our criminal defense team has over 60 years of combined experience, with accolades from prestigious legal organizations like:

  • National Trial Lawyers Association
  • American Institute of Criminal Law Attorneys
  • American Institute of DUI/DWI Attorneys
  • And many more

We’re also proud to have hundreds of 5-star reviews from former clients praising our attentiveness, expertise, and successful results.

Common Criminal Charges We Handle

Our skilled criminal defense attorneys have extensive experience defending a wide range of criminal charges, including but not limited to:

Drug Crimes

  • Drug possession
  • Drug trafficking and distribution
  • Drug manufacturing operations
  • Prescription drug violations

Violent Crimes

  • Assault and battery
  • Domestic violence
  • Robbery
  • Weapons charges

Sex Crimes

  • Rape and sexual assault
  • Child pornography
  • Prostitution
  • Internet sex crimes

Theft Crimes

  • Burglary and robbery
  • Shoplifting and petty theft
  • Identity theft and fraud
  • Embezzlement

White Collar Crimes

  • Money laundering
  • Tax evasion and fraud
  • Bribery and corruption
  • Racketeering and RICO cases

DUI/DWI

  • Driving under the influence of alcohol
  • Driving under the influence of drugs
  • Vehicular crimes like hit and run

No matter how serious the alleged offense, our attorneys have the skill and experience to build an aggressive defense strategy aimed at getting charges reduced or dismissed entirely.

The Consequences of a Criminal Conviction

The stakes of a criminal conviction are extremely high, with penalties that can impact your life for years or even decades to come, such as:

  • Lengthy jail or prison sentences
  • Substantial fines and court fees
  • A permanent criminal record
  • Difficulty finding employment or housing
  • Revocation of professional licenses
  • Deportation for non-citizens
  • Loss of rights like owning firearms or voting

Even a seemingly minor misdemeanor conviction can have major ramifications. That’s why it’s absolutely critical to have skilled legal representation from the very start.At Spodek Law Group, we fight tirelessly to have charges dropped or obtain an acquittal at trial whenever possible. And if a conviction is unavoidable, we’ll battle to minimize the sentencing and collateral consequences as much as we can.