Law Office of Katheryn H. Haywood Because crime doesn't pay, it pays to have a smart attorney.

There are normally two things to consider in the crucial moments which follow an arrest. The first is securing the person?s release from jail as soon as possible. There are a variety of ways this may be accomplished. Which particular procedure is best depends on the facts of each case. The second concern is to preserve and develop the arrested person?s ability to defend against the accusations. It is best for the accused to refrain from making statements to anyone concerning the case until he or she has been fully able to consult with an attorney.

Use caution. Unless you are certain that the accusation is only a minor one and will not result in criminal charges, it is best to consult with an attorney. This is especially true if a law enforcement official is asking you to give a statement or cooperate in an investigation. You should consult with an attorney before making any statements. What you say, no matter how well-intentioned, can be misconstrued and may be used against you in a subsequent prosecution. Even if you are promised leniency in exchange for your cooperation, you can never retract what you have already said. Therefore, it is best to consult with an attorney prior to making any statements in order to ensure that your rights are protected.

There is no uniform answer as to what is best to do, because every situation is different. The best guide is to use good common sense. Obviously, it is helpful to remain polite and courteous with the arresting officer, but this does not necessarily mean you should submit to all of his or her requests. You will be able to deal with such an encounter more easily if you know what to expect, what choices you will have, and understand the potential consequences of your decisions.

If you are detained under suspicion of DWI, you will be questioned on the roadside about your recent alcohol consumption. The officer may request that you perform sobriety tests and submit to a breath test. You have the right to refuse these tests, though that refusal may later be used as evidence of your guilt. If the law enforcement officer has reason to believe that you are guilty of an offense, he or she can arrest you. Typically, you will be handcuffed and transported to a jail.

At the jail, you will probably be asked to submit to a breath test. If you refuse to submit to a breath test, you should expect local police to videotape your performance of a series of sobriety tests and your responses to questions about your driving, alcohol consumption, and physical condition. Normally, a videotape will not be made if you choose to submit to a breath test.

Although you must answer questions pertaining to identification, you may refuse to answer any other questions. You may refuse to perform field sobriety tests, and, unless a life-threatening injury has resulted from a collision, you may refuse to submit to breath or blood testing.

The reliability of the instruments used to measure breath specimens to determine body alcohol concentration is doubtful. While state-paid experts routinely testify that the Intoxilizer 5000 is accurate and reliable, several independent experts have expressed contrary opinions. Consequently, the results may be inaccurately high or inaccurately low. If you have any doubts about your ability to pass the test, do not submit to it before you consult with an attorney.

If you submit to a breath test and ?pass? it, you stand a much better chance of winning your case. Sometimes, in fact, charges are not filed at all. If you submit to a breath test and fail it, you can later challenge the accuracy of the device at trial. However, you should realize that a trial in which a breath test is challenged, tends to be much more expensive than one which does not involve a breath test because it is often necessary to hire private scientific experts to assist at trial.

You do not have the right to refuse to be videotaped, but you may refuse to perform the sobriety tests or answer any questions asked of you other than those about your name, age and identification. If you believe that you can preserve evidence favorable to your case by complying with the officer?s requests, you should do so. If you have any doubts, you should request to speak with an attorney before answering any questions. If proper procedure is followed, the arresting officer will terminate the interview whenever you request to speak with an attorney. If the officer fails to do so, continue to request permission to speak with an attorney first.

Most cases in which criminal charges are filed can be resolved through skillful negotiation and without the necessity of trial. Negotiations can result in a wide variety of outcomes, ranging from a dismissal of charges to a plea bargain agreement involving incarceration. Of course, the choice of whether to accept a ?plea bargain? must be made by the accused and should be made only after investigating the facts of the case and studying the available alternatives as well as the terms of the plea bargain offer. Though most cases are resolved without trial, sometimes trial presents a more attractive option. Therefore, it is important to keep the trial option open and to be represented by an attorney who is both willing and able to represent you at trial.

A grand jury is a group of people called together by the prosecutor to gather information about suspected criminal activity by listening to testimony from witnesses and examining documents and other evidence. At the end of the proceeding, the grand jury decides whether there is enough evidence to put the defendant on trial for the drug charges. Grand juries are more likely to be convened in connection with more serious and complicated drug crimes, like conducting a drug-related criminal enterprise.

The first thing the prosecutor looks for is a legally sound case, or one without any obvious defects that will get it thrown out of court, such as violations of the defendant's constitutional rights or destruction of evidence crucial to the defense. The prosecutor next decides if there is enough evidence, with regard to both the quantity and the quality thereof, to make conviction probable. Finally, the prosecutor decides if prosecuting the case fits in with the office's policy objectives, or whether a more informal disposition, like drug counseling or treatment, may be in order.

Plea bargaining, which involves negotiating with the prosecutor to get the charges reduced and the punishment minimized, is allowed in drug-offense cases. For example, a person charged with three separate drug charges-possession, possession for sale, and transportation of drugs-may be able to negotiate the charge down to simple possession in exchange for an agreement to plead guilty to that charge. The prosecutor agrees to plea bargains in appropriate cases because the government simply does not have adequate resources to try every case, so both sides benefit from the bargain.

The most common defense raised in drug cases is to challenge the search and seizure that resulted in the police finding the drugs. If the police violated the defendant's Fourth Amendment search and seizure rights, the court will suppress, or throw out, the drugs as evidence. The prosecution will then have far less evidence to prove the case beyond a reasonable doubt and the case could even be dismissed.

Defendants who commit crimes under the influence of drugs sometimes argue that their mental functioning was so impaired that they should not be held accountable for their conduct. Generally, however, voluntary impairment does not excuse criminal conduct, since people know or should know that drugs affect mental functioning, and they should therefore be held legally responsible if they commit crimes as a result of their voluntary use. An exception to this rule may exist in cases involving a crime that requires "specific intent," in which the offender must have intended the precise result that occurred but arguably could not have formed that intent in his or her drugged state.

Parole and probation are employed in the punishment phase of the criminal justice process. Parole comes into play after a person has been imprisoned and is released subject to supervision by an officer of the court. Probation, by contrast, refers to a criminal sentence separate and distinct from incarceration. Probation is the most frequent sentence imposed for less serious or first offenses and typically involves releasing the convicted offender into the community subject to a list of terms and conditions. Both parole and probation may include additional conditions, like attending drug education classes or receiving drug treatment.

Children are subject to a separate judicial system called the juvenile court system. Generally, the focus of the juvenile court system is more on rehabilitation than on punishment. In some cases, however, older juveniles who commit more serious crimes will be charged as adults and tried in the regular criminal courts. In such cases, their sentence, too, will be more in accord with adult punishment, whereas in juvenile court any incarceration is usually in a more rehabilitative setting and generally ends when the juvenile attains the age of majority.

Every criminal defendant needs an attorney. Innocent defendants are perhaps in even greater need of zealous representation throughout the criminal process to ensure that their rights are protected and that the truth prevails. Even innocent people end up in jail, so the best way to prevent that miscarriage of justice is to employ the services of a seasoned veteran of criminal defense law, particularly one with experience defending against drug charges.

Even if you are guilty of the drug crime with which you are charged, it is imperative that you seek the advice of experienced counsel so that you can minimize your sentence and maximize your opportunities to move ahead toward a brighter future. Criminal defense attorneys are needed to equalize the balance of power between the defendant and the prosecution and to ensure that the constitutional rights that are guaranteed to all criminal defendants, whether guilty or not, are preserved.

Absolutely! Remember, the burden of proof is on the State to prove you guilty.

No. In fact, in most cases a knowledgeable lawyer can make a video work for you, not against you.

Yes. We have had juries return not guilty verdicts in breath test cases. In fact, some of those cases involve results of two to three times the Texas legal limit of .08.

Yes. In Texas, a person may be charged with DWI if an officer believes that person drives without the normal use of his mental or physical faculties due to alcohol or a drug or a combination of the two.

Yes. This is why in most cases its advisable to take the breath test if you've only had a small amount to drink.

Yes. Officers have a choice of asking for either a blood or breath test.

Yes. Although blood test cases are particularly demanding of a lawyers skill, these can be defended in a variety of ways. Such cases are unique and demand a complete investigation by a skilled lawyer.

Yes, but there are a number of proper ways to handle these types of cases. Again, these demand a lawyer's knowledge, skill and experience.

There are three standardized field tests that most officers use. These include the HGN (eye) test, the walk and turn test, and the one leg stand.

Yes. In fact, the standards are nationally recognized and adopted Likewise, its proper for juries to judge how professional or unprofessional an Officer is by how well the officer adhered to the standards in your situation.

Yes. In fact, these hearings are a gold mine of information for the skilled DWI Lawyer. Always hire a lawyer who will represent you in these hearings AND who will subpoena the officer to the hearing!

Absolutely. With pleasure, we might add.

Yes. It is with professional pride that we demand that the driving license suspension be vacated after a jury finds our clients 'not guilty' of DWI.

In most cases NO, the conviction stays with you forever.