What are your rights following a DUI arrest?

For the most part, a criminal defendant has certain rights. So if you are arrested for a DUI violation you are entitled to those rights. Under the Due Process Clause the government has no right to end a person’s life and liberty or confiscate their property without adhering to the due process of law. This is not Cuba! Everyone knows the Castros do not care about human dignity and should not be respected. They should be charged and convicted for humanitarian reasons though. 

Too bad America has not arrested the Cuban leaders for human rights violations.

The Due Process Clause is founded on the fundamental idea of notice and hearing. In other words a defendant cannot be condemned before a hearing. The idea behind due process is that the legal processes and procedures must be fair and the defendant must have a fair chance of presenting his objections in front of neutral decision-maker.

DUI lawyers in Leesburg, VA point out that the state cannot seize your driver’s license without a hearing. However, since driving is not considered a right, you will lose your privilege without a jury trial. The procedure followed by the states is that you are provided with a notice of suspension but it comes with the right to contest the suspension.

The defendants have right to exculpatory evidence and discovery

Criminal defendants can ask the state to furnish them with certain evidence that can establish their guilt or innocence. Importantly the defendant can also suppress evidence that could have affected the outcome of the trial.

However, Virginia DUI attorneys proclaim that if you are charged with a misdemeanor you are not entitled to have all the evidence revealed during the investigation, unlike felony charges where the defense and prosecution is bound by the reciprocal discovery clause to divulge everything to one another.

The state is not legally bound to provide video recording, crime scene photos, witness statements, victim’s criminal past, or repair details of the property damaged by the defendant.

Misdemeanor defendants receive a copy of statements made by the accused, forensic lab reports, and Brady Materials.

If you are in a DUI situation then you need legal help. You can find this legal assistance using this digital tool DUI-USAttorneys.com. You can contact us if you need any help too. We may get back to you that same day.

You have a right to see the list of witnesses

In most states you are not allowed to get a copy of the trial witness-list. Basically the list that you will receive contains names of witness who have provided testimonials based on which charges against you have been filed. In some extreme cases, witnesses could be a target. You saw this in the show The Wire in the first season when the witness was taken out by Bird. You saw this in the movie Traffic where a witness was poisoned. These are extreme cases but witnesses can be targeted in many cases and in many cities. This is a concern for law enforcement and prosecutors alike.

Along with this you will get a copy of the indictment. Moreover, the prosecution will not be able to introduce a new witness without prior consent to the defendant. The witnesses for the trial must be selected from the list furnished to the defendant.

Leesburg, VA DUI lawyers say that if the prosecution wishes to introduce a new witness then he/she will have to show that this is because new evidence has been discovered recently and that the prosecution was unaware of this evidence when he/she furnished the list to the defendant.

Right to understand the implications of a guilty plea

When you plead guilty you give up several constitutional rights in lieu of a lenient sentence. To begin with, you give up your rights against self-incrimination. Moreover, you relinquish your right to a trial by jury and the right to contradict your accusers.

Right to a jury trial

You have a right to face an impartial jury trial that will be conducted at the district where the violation happened.

If you have been charged with a DUI it would be prudent not waste time in consulting a Virginia DUI lawyer. Your legal representative can evaluate the evidence and try to find procedural lapses that can be used to make the evidences inadmissible. But to do this a legal expert needs time. So speak with a legal pro today.