Yes, you can be charged. And most likely if the blood results are over .08 you will be charged. It may be in your best interest to begin discussing the case with a defense attorney so you can be ready to react once you are charged. You driver's license will be suspended and in order to fight the suspension you will have to take proactive steps. Also, an attorney can help you understand the process you will go through in the criminal justice system.
I hope you find this information helpful...
This is a classic example of being charged for being in "actual physical control" of the vehicle. You can be charged if you were in the vehicle and it was running. This does not mean you can't fight the case, because you can. It is important to know that there will be two separate cases.
First, if the administrative case which oversees the driver's license suspension. If you want to fight the suspension, you will have to follow certain procedures (or hire an attorney who will fight the case...
I believe the interpretation be up to debate, but a strong argument can be made that careless driving is not same or similar to DWI. Now your case may be a little different since you have a registered BAC. One question is whether "no alcohol" was part of your probation, if so, you can be looking at a violation on that basis.
It might be wise to seek representation on the careless driving case so that all steps can be taken to resolve that case without violating the DWI probation. First thing...
I'm sorry to hear about your experience with the Public Defender on your case. For the most part, Public Defenders are very good attorneys, but there may be exceptions to the rule every once in a while. Just like private attorneys, most are very good, but some are not. You may want to discuss your case with a private criminal defense attorney to see if you can afford their representation. I know most of us offer a Free Consultation, and if need, would accept a payment plan.
Regardless of how...
It may be possible to avoid a criminal conviction, depending on several factors. Of course, no attorney can guarantee a particular result, but if you do not have any priors and the facts of your case are not too horrific, then there is a good chance a prosecutor would be willing to work with you in a way to allow you to a criminal conviction (or at the very least, a conviction to the DWI). It may be helpful to you if you hired an attorney to negotiate on your behalf (obtain a public defender if...
Is it possible to get bail? Yes. However, it will be up to the judge to decide if, and what amount, to issue bail. Given the new charge is sexual assault (criminal sexual conduct) it is likely the bail amount could be high. I suggest you speak with an attorney. Your criminal history will also come into play when the judge is making the decision.
I hope you find this info helpful. Let me know if I can be of assistance.
Leone Legal, PA
If there is no custody order issued by the court, then you as a parent have the right to bring the child to your friend's house. I would advise you to file for an Order for Protection as soon as possible. You can do this on your own, or with the help of an attorney. If you go to www.mncourts.gov/selfhelp/, you can find information on applying for the OFP.
I hope you find this information helpful and feel free to contact me if you have any further questions. I wish you the best of luck.
The short answer is yes. However, it will depend a lot on the facts and evidence. For example, can some, or all, of the evidence be excluded. Also, a lot will depend on negotiations with the prosecutor. There are many jail alternative options which can be explored.
It is very important to be represented in this process. Feel free to contact me if you would like to discuss your case gurther. I wish you the best of luck.