I'm sure this has been answered already, but DUIs are misdemeanors and if you plead no contest, guilty or were found guilty after a trial, then you were certainly adjudicated guilty. These can be found by a background check, and can never be expunged or sealed. You should answer honestly if convicted.
The amount of time that has passed and the fact that you paid bond/bail, or that your license is currently valid, has no bearing on the answers above.
Yes, it is common. If you are to testify, please consult with an attorney prior to ensure that you will not expose yourself to any criminal admissions without first having obtained immunity in exchange for that testimony.
From your question it sounds as though you were cited for only the impersonating an officer statute. If so, a more thorough review of the case law may be required, and certainly asserting your defense would be required in order to resolve the case to your benefit.
A lawyer can assist in research and negotiation with the prosecutors, including forcing a drop or not guilty if the law supports your position given the facts that are agreed to or found by the fact finder, be that a judge or jury....
You are extremely lucky that he let you go.
You admitted to consumption, you had the odor, you performed the field sobriety tests. An officer can charge DUI based upon his reasonable suspicion that you were impaired while operating, or in "physical control," of a vehicle, therefore the officer must have been pretty satisfied with the field test results and your overall demeanor.
While it is possible to be charged for as long as the statute of limitations allows, it is very unlikely to be...
I agree with all the other answers and add - the prosecution is supposed to seek justice, not merely prosecute, but that is the ideal and human frailty usually means that the easiest thing for a prosecutor to do is simply go full bore against anyone whom they have decided should be charged. The system, in other words, is adversarial - a defense is needed to counterbalance the prosecution, which, as I say, is often over-zealous.
What people fail to realize is that without this system, we do...
All the other answers are fine, I write to add that the new policy in Duval is for PTI offers to be made in court, making you wait until the decision has already been made. Therefore, it will be extremely helpful to have a private attorney who can make your case long before someone else makes a decision that affects you.
I don't know your history, but your case sounds particularly suited to PTI provided you have no prior criminal history. I understand that money is tight - but call for...
I believe you must go through the Ohio criminal justice system to both check the status of your request or to make a new request. Even though you now live in Florida, I'm presuming, Ohio is a sovereign state that controls its won records and legal decisions, so it must go through them.
I would call an attorney in Ohio for assistance in checking on this or requesting a seal/expunge all over again. Good luck.
Your issues are complex and require immediate analysis by a competent defense attorney in the court you are being charged. Your mention of indictment indicates this may be a federal case.
In either event, state or federal, you describe a classic fact specific suppression issue and someone with the legal and motion practice skills to research, draft, and argue such an issue can have ramifications for you going forward that cannot be over-stated.
I suggest you obtain all the papers from...
I don't know - why don't you return the calls and ask the only person who does know - the public defender? Believe me, if the public defender is calling you, it must be important (most PD clients complain of NOT being able to con! tact he PD).
Your criminal defense attorney had a duty to explain the potential consequences of your plea on your immigration status, and the court very likely also asked you whether you understood that your plea could imperil your current status if not a citizen when it accepted your pleading.
So, while I do not have a definitive answer to your question, you should be aware that absent those warnings, you may have a post-conviction path to have your plea vacated IF you find that to be to your advantage...