(732) 582-5076Dedicated Advocates Proving That a DWI Conviction is Not Unavoidable
DWI charges carry serious penalties even for first-time offenders. In fact, a first-time offender could be sentenced to jail and ordered to pay substantial fines. The penalties are even more serious for repeat offenders, who face longer jail sentences and larger fines. All defendants — both first-timers and repeat offenders — could also temporarily lose their driving privileges and pay higher insurance rates as a result of a DWI arrest. Clearly, the repercussions of an impaired driving conviction can be devastating. That’s why you should consider meeting with Menlo Park DUI lawyers before doing anything.
At The Hernandez Law Firm, P.C., we recognize that the repercussions of a conviction can go far beyond license suspension. There are plenty of criminal defense attorneys who promise to work hard for their clients, but too many of them are willing to accept unfair plea deals just to speed things up. Our law firm doesn’t believe such a one-size-fits-all approach is appropriate — because no two drunk driving cases are exactly alike. If you’re hoping to avoid the most serious repercussions of a DUI arrest, our law office is here to help.
An arrest does not necessarily need to lead to a conviction. Experienced DWI attorney Steven Hernandez can help you fight the charges and reach the best possible outcome in your case. Contact us today for a free consultation.
Do You Need an Attorney to Fight DUI Charges?
In many DUI cases, individuals charged will eventually question whether they need an attorney. For some, this question is based on the idea that a conviction is unavoidable. These people might truly believe the prosecutor who tells them that DUI penalties will be greatly reduced if they simply plead guilty. Then again, there are those who assume that the prosecution cannot prove a criminal offense in court. They believe that the facts of the case are so clear that no jury would ever convict them. Unfortunately, both these assumptions are often far off the mark.
First, it’s critical that you realize that a DUI conviction is not a foregone conclusion. Several high-profile scandals have recently rocked the legal world related to wrongful drunk driving arrests. In one instance, tens of thousands of convictions were called into question when it was discovered that officials had concealed evidence of faulty breathalyzer devices. Additionally, the District Attorney frequently overstates the strength of their case. Oftentimes, they’ll offer a plea deal because they don’t think they can win at trial. A Menlo Park DUI lawyer can review your case and identify the truth behind the claims.
We’ve also seen clients charged with DWI who genuinely believe the government doesn’t have a case. It brightens our day when these people walk into our law office — because it gives us an opportunity to offer a fresh dose of reality. Individuals who represent themselves or opt for an overworked public defender will frequently end up with a criminal record. Many assumptions that people have about the legal system aren’t true, such as the idea that Miranda Rights must be read in every situation. Also, innocent people are convicted every day. Put simply, it’s always advisable to seek legal counsel.
What Are the Penalties for New Jersey DUI Charges?
If you’re facing impaired driving charges, you might think that penalties are pretty standard. However, just one discussion with a DUI lawyer in Menlo Park, NJ will prove this assumption wrong. Two people could be arrested for the exact same crime in our state, and due to the circumstances surrounding their arrest, the DUI charges against them can vary significantly. For instance, being arrested for DWI as a first offense might result in a fine of $400, license suspension of three months, and possible jail time of up to 30 days.
However, a person arrested for a second offense will lose their driver’s license for up to two years and possibly spend 90 days in jail. Fines can also reach up to $1,000. There are other potential penalties in these cases, but these are often the most serious. Unfortunately, repeat offenses aren’t even necessary for these charges to get complicated. That’s because first offense penalties can be increased if a person’s blood alcohol content is above 0.10% or they’re accused of drug impairment. Fines could reach up to $500 and license suspension could last up to a year.
Potential penalties for subsequent offenses only get worse. When a third offense comes around, there’s a mandatory jail sentence of 180 days. Your Menlo Park DUI lawyer can also explain that aggravating factors might increase the charges against you. Sadly, prosecutors often use these legal tactics to scare defendants into accepting unfair plea deals. Don’t fall into this trap. At The Hernandez Law Firm, our dedicated legal team will fight to ensure you are not railroaded by the system.
Skilled Attorney Representing Clients Facing Vehicular Crime Charges in Menlo Park
There are several different vehicular crimes in the state of New Jersey, but vehicular homicide is the most serious of them all. You can face vehicular homicide charges if someone is killed as a result of your alleged reckless driving. Your intent does not matter — you will face these severe criminal charges even if you did not mean to hurt someone. Typically, some form of recklessness will need to be proven by the state to support such a criminal charge — but if there’s an underlying DUI charge, the state really only needs to prove that you were impaired.
A vehicular homicide conviction carries many serious penalties — as do many other vehicular offenses. At The Hernandez Law Firm, we’ve seen what can happen when the state successfully prosecutes individuals for these crimes alongside an underlying DUI case. In most instances, the loss of a driver’s license is the least of the defendant’s worries. Fortunately, being accused of a crime does not always mean you will be convicted. If you want to fight the charges, it’s in your best interest to contact Steven Hernandez at The Hernandez Law Firm today.
We offer a free consultation to all prospective clients, so you have nothing to lose by reaching out today. If you opt to work with our law office, we’ll aggressively defend you to secure the most favorable outcome possible.
Experienced Attorney Providing Legal Representation to Disorderly Persons Offenders
Most people think of crimes as either felonies or misdemeanors, but in New Jersey, crimes are either indictable crimes or disorderly persons offenses. A disorderly person offense is similar to a misdemeanor in nature, meaning it is not as serious as an indictable crime. But, these offenses are still serious enough to carry significant consequences, including possible jail time. That’s why you’ll always see our law firm aggressively defending our clients — no matter how seemingly minor the charges against them are. Put simply, there is no such thing as a minor charge in New Jersey.
For instance, did you know that impaired driving doesn’t fall into either of these criminal categories? In the Garden State, DUI criminal prosecutions are handled as traffic offenses. Of course, this is clearly a serious offense — as evidenced by the fact that a first offense can lead to jail time. Unfortunately, police and prosecutors will often try to increase the seriousness of a crime after a Menlo Park DUI arrest. They may claim that aggravating factors justify additional charges, which could be charged as disorderly persons or indictable offenses.
If you have been charged with a criminal offense — or the traffic offense of DWI — it’s important to fight the charges with the help of an experienced criminal defense attorney. Steven Hernandez has the legal skills, experience, and resources to help you beat these charges. We aren’t saying that the road ahead will be an easy one, but Menlo Park DWI lawyers are tasked with taking the burden off their clients’ shoulders. We’re here to help in any way we can, so contact us today for your free consultation.
Criminal Lawyer Protecting the Rights of the Accused in Menlo Park
Being charged with a crime is a frightening experience, which is why you should never go through it alone. If you are facing criminal charges, seek legal representation from criminal defense attorney Steven Hernandez at once. A DUI defense lawyer does so much more than just stand by your side during court proceedings. A legal professional can handle plea negotiations on your behalf in instances where a conviction is unavoidable. They can also independently investigate your case to identify holes in the prosecution’s case and fight to secure an acquittal.
Attorneys can do a lot for your Menlo Park DUI case, but most importantly, they can protect your rights. As someone accused of violating New Jersey DUI laws, you are entitled to due process. People often ask us if our goal is to secure a not-guilty verdict for guilty individuals. However, that’s not our job. Our job is to make sure the government is following the rules of the justice system. If the state cannot prove guilt beyond a reasonable doubt, then literal guilt or innocence does not matter. Without a proven case, a conviction is a travesty of justice.
Steven Hernandez has been defending the rights of the accused for over a decade. He will stand by your side throughout the legal process to ensure your rights are protected at all times. Furthermore, Steven Hernandez will craft a unique defense strategy that can be used to beat the criminal charges levied against you. Let our law firm work tirelessly to help you avoid the many consequences of a criminal conviction. You’ve got lots of choices when it comes to Menlo Park DUI attorneys, but no one offers the dedicated advocacy of The Hernandez Law Firm.
What Are the Best DUI Defense Strategies in New Jersey?
So, the government has accused you of drugged or drunk driving. If you were arrested after failing a field sobriety or blood chemical test, there’s a good chance that you feel hopeless. You may even be tempted to accept a plea deal if the prosecution offers one. However, people manage to avoid being convicted of DUI every day in America. In many cases, this isn’t because the government realized that a person was wrongfully accused. In fact, avoiding conviction typically means presenting a solid legal defense strategy that the state cannot overcome.
Fortunately, there are various legal defenses to DUI charges in New Jersey:
- Illegal checkpoints
- Improper traffic stop
- Lack of probable cause
- Constitutional violations
- Improper arrest procedures
- Medical ailments affecting BAC
- Physical conditions affecting field sobriety testing
- Rising blood alcohol defense
- Officers untrained to perform testing
- Violation of Miranda Rights
- Faulty or improperly maintained testing equipment
- Conditions inconsistent with testing (e.g., uneven surfaces, inclement weather)
If you’re accused of a Menlo Park DUI offense, the deck is undoubtedly stacked against you. Unfortunately, these legal defenses are never one-size-fits-all — and attempting to use a defense that’s irrelevant to your case will likely result in a conviction. Even worse, the penalties might be more severe than necessary since prosecutors may be annoyed you wouldn’t accept a deal. Luckily, this isn’t a challenge you have to face alone. Menlo Park DUI defense attorneys can help guide you through these difficult times.
At The Hernandez Law Firm, we know the difficulties you’re up against — but we also know that a conviction isn’t inevitable. Contact us today for a free initial consultation. We’ll review your case and help you decide the right way forward.
Contact a Menlo Park DUI Attorney Today
When someone is arrested for impaired driving in New Jersey, a lot is going through their minds. Many believe they can accept a plea deal, face a short license suspension, go to DUI school for a while, and move on with their lives. Unfortunately, this is often not the reality of the situation. The simple fact is that any conviction results in a criminal record, and that means DUI charges could affect your ability to get a job, seek an education, find housing, or even get a date. Sadly, these potential outcomes are just the tip of the iceberg — so it’s imperative to seek legal representation.
At The Hernandez Law Firm, P.C., our Menlo Park DUI lawyer will aggressively defend you as you take on the government. Even if the state alleges that you failed field sobriety testing, breathalyzer analysis, or a chemical blood test, this does not make a conviction unavoidable. From California to New Jersey, DUI laws can differ significantly — but anyone arrested in Middlesex County knows that the potential repercussions of a conviction are among the harshest in the nation. However, don’t ever forget that you don’t have to go through this alone.
Your first priority following an arrest should be seeking legal representation from experienced Menlo Park DUI attorney Steven Hernandez. Contact us today at (732) 582-5076 to schedule your free consultation.