This may raise dune techNical questions which can go against the reliability of the second test; however, this isn't enough to have the case thrown out. There are many issues that arise in a DWI which can lead to defenses and, potentially, the exclusion of evidence. It would be in your best interest to retain an attorney who will represent you and look after your rights. Also, remember, there are other collateral consequences aside from the criminal case, such as your drivers license revocation....
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
The short answer is yes you can (but it's not guaranteed); however you'll have to wait until your sentence is complete before petitioning the court for an Expungement. The most important thing to do right now is try to resolve the case in a way which will not result in a conviction.
The best step to take is to retain an attorney, because if you fight to get your license back you will have two cases going through the court system (the criminal case on the DL case). There are strict deadlines, so time is of the essence.
Yes, you will need to go to court and it would certainly be in your best interest to retain an attorney. You are facing a criminal charge and a drivers license revocation, both can be fought in court. There may be many mitigating factors and, more importantly, defenses to your case.
A lot depends on the terms of probation. Do the terms require you to report this to probation.....probably. Do the terms require no new misdemeanor or greater offenses.......if so, you are only charged with a petty misdemeanor. In any event, it would be in your best interest to retain an attorney. If you resolve the new charge in a favorable way, it will greatly decrease any risk of being violated. However, that case will not be dismissed simply because it's a petty, much work will still have...
Yes, this happens quite often. Obviously the prosecution's case would be stronger if they found they item with you, but it is not required. There are still ways to keep a conviction off your record, so it would be in your best interest retain an attorney to fight for you.