What should I plead in my DUI case if I just want time to get a lawyer?
Topic: Case simulator
July 18, 2019 / By Shaelyn Question:
Happened in Virginia...blew 0.14...first offense.
Obviously I can't plead "guilty" because everything would be done and over with and I wouldn't be able to have an attorney.
I don't feel right saying "not guilty" because I doubt I have a legit case. But at the same time, I'd have time to get an attorney if I say this.
I've heard that pleading "no contest" is the same as pleading guilty.
So what do I do? My arraignment is in two days and I doubt I'll have a lawyer by then, but I think I want one (to see if the charges can be lessened, etc.)
What should I plead if I just want to buy time to get a lawyer?
Best Answers: What should I plead in my DUI case if I just want time to get a lawyer?
Onndrea | 7 days ago
Because I cannot give you legal advice, I would recommend that you look in your local phone book and contact an Attorney specializing in DUI cases and request a free 15 minute consultation. An Attorney of one of his or her paralegal can give you useful legal direction.
Just tell the the same thing you told us, on this forum. And, listen carefully. They will tell you everything you need to know within that time. More than likely, a public Defender will be there on your date of court. You may want to call the court house and try to reach the same result with the court clerk. You can tell him or her what you told us, you have not yet find an Attorney, and they will talk to the District Attorney on your behalf to set another court date.
One Attorney, by the name of Ted Vosk, was able to to get several DUI conviction overturned based on the idea the breathalysers were used at tempertures measurement and thermodynamic properties of fluids the against what manufactures recommended.
Unacceptable temperatures for the simulator are less than 33.8° C (93 F) or more than 34.2° C (92 F). If you were tested with simular circumstances, these may be grounds your Attorney can capitalize on.
Hope this answers your question!
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We found more questions related to the topic: Case simulator
Originally Answered: Can I plead ignorance in a statutory rape case?
The age of consent in California is EIGHTEEN (18) and you have a duty to understand the law in the U.S. when you visit it. Ignorance is no defense. You are somewhat lucky though...as there is no age defense available in California BUT "unlawful sexual intercourse" for you is only a misdemeanor since you are less than three years older than the minor. The good news ends there. You will probably be deported for your little crime and you will have an adult criminal record so you aren't likely to ever be able to return to the United States. And that criminal record will follow you for the rest of your life...yes, even in Canada....you will be known as a sex offender. Tell me now, was it worth it?
One more thing...I don't think you understand the concept of "unlawful sexual intercourse" (aka "statutory rape"). Various states set a specific age as the very minimum a minor can be eligible for sexual activity. In some states, it is only 16 but in others like California, it is 18. "Statutory rape" means that the minor was too young to consent...even if you think she did, her consent is invalid.
"California Penal Code - Part 1. of crimes and punishments -
"Title 9. of crimes against the person involving sexual assault, and crimes against public decency and good morals
Chapter 1. Rape, abduction, carnal abuse of children, and seduction. - "Section 261.5.
"(a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age and older.
"(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor."
Lastly, what will happen to you? You will be convicted (assuming that they can prove you had sex with the minor (make sure you have a good lawyer and do not plead either guilty or "no contest"...make them prove their case)) and then you will probably go to jail. They can fine you heavily and at the end of your jail time, they will deport you. God bless.
you would plead not guilty, but usually at your arraignment you dont have to plead anything at all. you tell the judge you'd like to hire a lawyer and need time to do that. generally judges will always allow you time to find a lawyer. if you can't afford one, there is paperwork that you can fill out, generally available at the courthouse, and you can get one for very little, depending on your situation. and as far as not having a legit case, it doesn't really matter. there are a whole bunch of technicalities that could get you out of it. but since it's your first offense, you'll probably wind up making a deal where it will be continued without a finding or something, meaning that you pay court costs, maybe do some community service, lose you license for a month, and as long as you don't get in more trouble within a certain amount of time, you don't have to worry about it. however, in most states, it will still count as your first offense, should you have a second one, unless you are found not guilty in a jury trial or bench trial. good luck with everything.
👍 120 | 👎 3
Call the court and get an extension. Do it today. Make up any bullcrap excuse, and get an attorney. I believe that in VA, DUI or DWI is a criminal offense, and only a fool would represent himself. You may spend $3000.00 for that attorney, but if you take a look at what a DUI/DWI conviction does to you (it establishes a criminal record), its worth the money. I have a buddy who is still trying to get a pardon for a pot bust from 1974. He represented himself, was found guilty, suspended sentence, and paid a fine. Big deal, right? He's 60 years old now, and playing hell getting the ever increasing number of clearances necessary to operate a small business in Pennsylvania. He's a legitimate electrical contractor. PA just passed a law that all "home improvement" type businesses be licensed. I spoke to him last week, and he's got 3 years and nearly 10 grand invested in this program. He started this because he was refused the right to buy a firearm for home protection. Don't be a dummy. Get your extension on your trial date and get a lawyer. Yeah, I know, you can't afford 3 grand. Do whatever it takes to borrow the money. This could follow you around for life.
👍 114 | 👎 -1
The importance of a minimum of speakme to an legal professional is that he/she is also capable to get it diminished to a 1st DUI and aid you hold your motive force's license. The D.A. will cut price with an legal professional--however now not with you. The legal professional is aware of how one can task the breath scan. Was the BAT computer calibrated correctly? Did they wait the right duration to time to take the BAT? Did they take it too quickly? Did they examine the BAT computer to peer that it learn 0 earlier than and after your scan? Did they've possible intent to give up you? An legal professional is also capable to hold you from a essential prison sentence by way of getting the fees diminished. Do you understand how to preserve circumstances within the wish the police workplace misses court docket? Do you understand what to do if the officer does not exhibit up? Those are a couple of motives off the highest of my head.
👍 108 | 👎 -5
Well you could have taken the dui class before your court date, it will help you A LOT. but since you said the court date is in 2 days. Then yea, you should plea no contest. It means you neither admit or denies the charges. Usually they will give you a good plea bargain versus admitting the charges and receiving the full term.
👍 102 | 👎 -9
You SHALL plead NOT GUILTY buddy! You are NOT guilty until proven GUILTY, REMEMBER THAT.
If you want to represent yourself, it's risky, but not impossible, Get a cheap lawyer, and say that the test was flawed, and say that your rights were violated, like your right to a call to a friend, like your right to get water was violated, stick with the right to a call, that always works, Bri
👍 96 | 👎 -13
Originally Answered: I was terminated, got a lawyer (contingent), he is not sure to win my case. Any contingent lawyer you know?
I wish you both much luck in the job search.
My advice, (if you are in the US) is to go to your local state employment security comission. (unemployment office) Many times they will help you with legal aspects of wrongful termination as well as helping you get benefits.
I agree that your supervisor was very wrong for allowing some one to yell at you and abuse you. Do you know why that person was yelling at you?