Robert S. Muir, Attorney at LawRobert S. Muir, Attorney at Law2024-02-02T16:02:30Zhttps://www.robertmuir.com/feed/atom/WordPress/wp-content/uploads/sites/1103338/2023/08/cropped-site-icon-32x32.pngOn Behalf of Robert S. Muir, Attorney at Lawhttps://www.robertmuir.com/?p=486072023-09-15T00:11:52Z2023-07-20T06:23:24ZSixth Amendment guarantees your right to legal representation, whether that attorney is a public defender or privately hired. If the court appointed a public defender, can you hire a private attorney instead?
There are a few things to know when you face criminal charges with a public defender.
The role of a public defender
A public defender is a defense attorney appointed to your case by the court who provides your defense at no cost to you. Public defenders ensure access to an attorney even for those who cannot afford to hire one.
The option to hire a lawyer
Although the court may appoint a public defender, you have a right to choose your own representation as well. If you prefer a private attorney for your case, you can dismiss the public defender and your attorney can file a motion for a change in representation.
The factors to consider
In some areas, public defenders have heavy caseloads and work long hours. Sometimes they look for settlement options and plea deals to reduce time in court. While this may work in your favor, it may prove challenging for a reasonable defense. A private attorney often provides more aggressive, personalized attention to the case because they have more freedom for managing caseloads.
With your freedom at stake in the face of criminal charges, consider your best possible defense. Public defenders play a valuable role in the justice system, but you might prefer a private attorney for your case.]]>On Behalf of Robert S. Muir, Attorney at Lawhttps://www.robertmuir.com/?p=486042023-06-02T05:41:10Z2023-06-07T05:26:51ZYou forfeit your right to trial
The Sixth Amendment to the Constitution protects your right to a fair trial by a jury of your peers when charged with a crime. Agreeing to a plea deal forfeits your right to trial. You plead guilty or no contest to the charge and receive your sentence without the opportunity to try your case.
You get a criminal record
Entering a guilty or no contest plea as part of a plea deal results in a criminal record. Any job or home rental application you fill out for the rest of your life may have questions about your criminal history and your conviction shows up on any criminal background check.
The judge may disagree with the agreed sentence
Sometimes the judge disagrees with the sentence agreed upon in the plea. As the judge, he or she can override that agreement once you enter your plea, so you may serve jail time instead of probation.
Plea deals have their place in the legal system but they do not work for everyone. Understand what makes them a bad idea before you decide to accept one in your case.]]>On Behalf of Robert S. Muir, Attorney at Lawhttps://www.robertmuir.com/?p=485992023-03-22T06:26:08Z2023-03-27T06:25:31ZFewer employment opportunities
Employers are selective about their hires. Listing a criminal conviction on your application could result in failing to secure an interview for a good job. While more states are implementing a "ban the box" approach to job applications, not everyone is on board with this important step.
Limited financing opportunities
A criminal conviction impacts the perception of a person’s character and classifies the individual as a high-risk borrower. This can make securing an auto loan, mortgage or student loan difficult. You could see much higher interest rates and contract terms if approved for a loan.
Limited housing availability
With a criminal conviction, access to things like public housing assistance can be restricted. Landlords may consider you a risk with a criminal record.
Lifetime labeling
If your conviction was for sexual offenses, Pennsylvania could force you to register on a sexual offender registry. This label impacts where you can live or work and allows others to access the register and discover your conviction.
Loss of rights
You may lose your right to vote, serve in public office, own a firearm or have other rights with a criminal conviction. It depends on the severity and nature of your charges. There is life after a criminal conviction, but it is often challenging. These are just a few long-term implications of living with a criminal record.]]>On Behalf of Robert S. Muir, Attorney at Lawhttps://www.robertmuir.com/?p=485972023-01-17T06:07:32Z2023-01-20T06:07:01Zviolate the law. To know if you are breaking the law, ask yourself the following questions.
Are you in control of the vehicle?
Pennsylvania law states that after consuming alcohol, drivers violate the law by operating, driving or being in control of a vehicle. So, while you may not be driving your car at the time in question, you might face a DUI charge if you are still in a position to drive away.
Is there reasonable evidence that you drove your car while intoxicated?
How you sleep in your car can impact whether you get charged with a DUI. If you are asleep in the bar parking lot while in the passenger or rear seat and the engine is off, an officer might see that you have not driven the vehicle and do not have the car in your control. However, if you are asleep against the steering wheel on the side of the highway with the engine running, an officer may find reasonable evidence that you drove the car to that point before falling asleep.
While officers may not have seen you driving the vehicle while intoxicated, they can still charge you with a DUI if evidence exists that you drove the vehicle or have control and can drive the car while drunk.
If you have too much to drink and want to sleep it off in your car, stay away from the driver's seat to help decrease your chance of getting a DUI.]]>On Behalf of Robert S. Muir, Attorney at Lawhttps://www.robertmuir.com/?p=485952022-11-30T19:09:56Z2022-12-02T19:08:20Zdriving under the influence (DUI) are less known but can linger for years.
Effect on employment opportunities
When applying for jobs, your prospective employer often runs a background check. The job application might ask if you have a misdemeanor or felony conviction. Suppose you want to work in the government sector, in childhood education, as a commercial truck driver or in the military. In that case, securing employment after a DUI conviction becomes nearly impossible. Additionally, if you intend to work as a licensed professional such as a physician, nurse or attorney, a previous DUI may prevent you from obtaining a license to practice.
If you lose your driving privileges, even temporarily, you could have issues getting to work, school, career fairs or job interviews. Instead, you will have to rely on friends or use public transportation or ride-sharing services (e.g., Uber and Lyft).
Impact on relationships
A DUI arrest can affect the way others in your life perceive you. Local media might publicize the arrest even if you try to keep the information private. Your employer, coworkers, family, friends and romantic partners may all feel differently about you. You may experience feelings of embarrassment or shame around others.
Think twice before you drive drunk because a DUI will significantly impact your job prospects.]]>On Behalf of Robert S. Muir, Attorney at Lawhttps://www.robertmuir.com/?p=485922022-09-20T11:06:11Z2022-09-23T11:03:54ZThings to do
When you are in a situation involving the police or the court, always be courteous and polite. Comply with requests for documentation or other evidence. Ask for the reason behind the arrest and for a search warrant if they request to search your things. Write down as much as you remember about the arrest and preserve any evidence in your possession.
Things not to do
It is just as important to avoid making some critical mistakes when arrested. There is no legal requirement to answer any questions law enforcement asks, so you shouldn't feel obligated to volunteer information to the police or speak with them alone. You can take an active role in your defense by waiting for counsel to be present before signing any paperwork or consenting to an interview.
After the arrest, refrain from talking about the details or case on social media or with friends. Preserve any evidence that supports your case and be present for all court dates. Follow the terms of your bail and comply with any court directives.
These decisions can help your case moving forward and protect your rights. How you respond to the situation, whether innocent or guilty, can impact the final outcome of the situation.]]>On Behalf of Robert S. Muir, Attorney at Lawhttps://www.robertmuir.com/?p=485892023-09-15T00:12:34Z2022-08-12T17:12:53Zencounters with police, you may think it is natural to speak with police. However, these are reasons you should not do so.
Police receive interrogation training
Police go through extensive training on interrogation. They also tend to have significant experience and have honed their interview skills. Therefore, these professionals have different strategies they can use to encourage confessions. You may find yourself admitting to things even if you are innocent, and often, these charges are for higher offenses.
You can incriminate yourself even if you did nothing wrong
Your answers may not outright denote your guilt, but if you provide too much information or make one misstatement, you can provide evidence that you may have committed a crime, even if you did not.
In addition, you may have difficulty telling the same story exactly the same way multiple times. A little white lie or assumption can get you into trouble.
They cannot negotiate deals
No matter what you see on TV, police do not have the authority to negotiate deals. They can speak with prosecutors on your behalf, but they cannot ensure that you will receive a lesser charge, reduced jail time or any other benefit.
To give yourself the best defense, do not speak with the police on your own. The police’s goal is to close cases no matter what, and you do not want to find yourself in their crosshairs, especially if you are innocent.]]>On Behalf of Robert S. Muir, Attorney at Lawhttps://www.robertmuir.com/?p=483072022-06-02T15:29:03Z2022-06-02T14:28:14ZImplied consent
Few Pennsylvania drivers realize they are subject to the state’s Implied Consent Law. This law applies once a person receives a PA driver’s license. The driver maintains an agreement with the state that they will submit to blood alcohol content testing whenever requested by law enforcement. Refusing to take a breath test will cause an automatic one-year suspension of a license. Even if DUI charges do not materialize or there is a not guilty verdict, the suspension is still applicable as it comes directly from the PA DOT and not law enforcement.
Administration requirements
The state code requires a breath test to include a minimum of two consecutive breath tests but a certified breath test operator. The lower of the two breath tests is the result used for prosecution. Under the law, the legal limit is 0.08% for BAC. The severity of the DUI charge depends on the test reading.
Knowing your responsibilities and your rights will make a difference when facing a possible DUI charge. The best advice for any situation is to avoid drunk driving and comply with law enforcement requests.]]>On Behalf of Robert S. Muir, Attorney at Lawhttps://www.robertmuir.com/?p=482832023-09-15T00:13:34Z2022-04-01T03:54:56Zcriminal defense professional can help you learn about what will occur.
Your arrest
Most probably, receiving an assault charge will place you behind bars. In time, a judge will have the opportunity to hear your case. During this proceeding, you will discover the amount of your bail if a judge gives it to you. Conditions might come with your release, such as a restraining order.
Your criminal trial
The prosecutor may offer a plea deal. If not agreeable to everyone, the next step is a trial. Evidence of your innocence needs collection. Crafting an argument for why you do not deserve punishment is mandatory. Prepare what you are going to wear and rehearse what you will say.
Your sentencing
If a judge declares you guilty, the sentencing phase is when you will find out your penalty. Fines and jail time could be part of the equation, or you might have to complete anger management. Also, expect to find out probationary terms by which you must abide.
Your civil case
Besides a criminal trial, you may be looking at a civil lawsuit. The plaintiff could seek compensation for medical bills, lost wages, and emotional trauma. If both parties are agreeable, it is possible to negotiate a settlement outside of court.
Charges of assault are no laughing matter. Having an idea of what to expect should make surviving the ordeal easier.]]>On Behalf of Robert S. Muir, Attorney at Lawhttps://www.robertmuir.com/?p=482782022-04-12T10:11:46Z2022-02-08T14:52:05ZDUI arrest.
Not remaining silent
Do not speak with the police unless you absolutely must. They do not have your best interest in mind, and you do not have any legal obligation to tell them anything. According to mirandawarning.org, the police are only responsible for invoking your Miranda rights once they intend to arrest you for interrogation. Anything you say before or after reading your rights is potential evidence against you.
Not fighting the charges
An arrest does not automatically mean a guilty charge. Giving up and pleading guilty right away takes away the opportunity to fight your case and get a charge dropped. Immediately pleading guilty also allows the judge to impose the maximum possible sentence on you.
Not showing up in court
On the other hand, you do not want to ignore your DUI charges and neglect to show up to court. In Pennsylvania, first offense DUIs can lead to a license suspension and six months in prison, depending on your blood alcohol content level. Ignoring the charge only makes it worse.
Remember, when dealing with a DUI arrest, you have the right not to incriminate yourself. Stay silent, and seek legal guidance immediately to give yourself the best chance. You can fight for better sentencing or even get the charges dropped.]]>