Criminal Defense

YOU ARE HERE: Home » Areas of Practice » Criminal Defense

If you are accused of a crime, the resources of the Federal, State, and local government will turn against you.  Your only protection will be our Constitution which guarantees you basic rights and your attorney.  If our firm is retained to take your case, you can rest assured that we will not just defend you, but we will strongly defend you.   While many cases can be resolved without even your appearance in Court, we will defend you all the way to trial if needed.

Whether you are accused of driving under the influence, domestic violence, drug offenses, sex offenses, assault, juvenile crime, or white collar crime, our firm can help you.  As examples, the following information is provided concerning driving under the influence charges, and drug charges which are commonly seen.  Here are the facts, and here are examples of how we will help.

DUI Facts

A charge of driving under the influence is really two charges: “driving under the influence of drugs or alcohol (or both)” and “driving with a blood alcohol level of .08 or higher.” The penalties are the same for both offenses. A conviction on either offense counts as two points against your negligent operator count at the DMV, and your car insurance will increase. The punishment for each subsequent DUI is more severe and can include large fines and jail or prison time.

If you are convicted of DUI, your sentence is increased if you were excessively speeding (either more than 100 mph, or more than 30 mph over the speed limit) at the time of the DUI, or had a child under age 14 in the car at the time of the DUI, or had a blood-alcohol reading over .20%, or had a previous conviction within 10 years, or refused to take a blood alcohol or Breathalyzer test. A carefully negotiated plea-bargain may let you avoid a sentence increase.

If you are arrested for driving under the influence and refuse a blood or breath test, you will lose your driver’s license for one year. If you take a test and your blood alcohol is .08 % or higher, the officer will take your driver’s license. The DMV will give you a 30-day temporary permit; if you or your lawyer does not request a hearing within 10 days of your arrest, you will lose your license for four months. Depending on the facts, at the DMV hearing, your lawyer may present evidence showing that you should not lose your license. The DMV has a separate process for you to apply for a restricted license to drive to work. If the DMV suspends your license and you win your court case, your lawyer can make the DMV return your license.

A DUI conviction is a felony in two situations. The first is if the drunk driving was negligent or violated a traffic law, AND injured (even slightly) another person. The second: a fourth dui conviction within ten years is an automatic felony.

Bush Law Offices – A Professional Corporation can help you by:

  1. Advising you and keeping you updated at all times on your case status
  2. Arguing for lower bail
  3. Representing you at the DMV license revocation hearing to present evidence (depending on the facts) that your license should not be revoked. (Note: this hearing must be requested within 10 days of your arrest or your license will be suspended for four months.)
  4. Investigating your case and gathering evidence supporting your defenses. This may include having your blood alcohol test redone by a private lab and photographing the scene, among other things
  5. Making court motions. These can include a motion to suppress the evidence, which if successful can result in your case being dismissed
  6. Evaluating all legal defenses available in your case. Depending on the facts, these can include improper calibration and maintenance of a Breathalyzer machine, evidence that your blood alcohol was actually less than the legal limit (.08%) at the time of arrest, mistakes and inaccuracies by the arresting officer, evidence that you were not driving, improper stop and arrest, the police officer’s failure to advise you of the consequences of refusing to take a breath or blood test, poor road and environmental conditions that may have caused you to fail a roadside coordination (“sobriety”) test, physical conditions you have or had at the time of the arrest that may have caused a poor coordination test, and other defenses
  7. Seeking reduction of charges (when available)
  8. Representing you at trial or in a plea bargain. In most misdemeanor cases, you will not have to come to court
  9. Presenting the best legal defenses for your case
  10. Seeking alternative sentencing, or the lowest sentence available. Alternative sentences (available in some cases) can include drug or alcohol rehabilitation programs, community service, and other sentences

Drug Offense Facts

A drug offense may be a felony or a misdemeanor, depending on the quantity and type of drug found by law enforcement. Penalties may include jail or prison time, a fine, seizure of assets (including vehicles), loss of a driver’s license, and being required to register as a narcotics offender. Alternative sentences may be given in certain cases. Because the potential penalties are so severe, it is important to obtain a skilled criminal defense attorney as soon as possible to obtain the best results under the particular facts and law of your case.

Bush Law Offices – A Professional Corporation can help you by:

  1. Advising you and keeping you updated at all times on your case status
  2. Arguing for lower bail
  3. Interviewing witnesses and police
  4. Gathering evidence supporting your defenses
  1. Making court motions. This may include a “motion to suppress evidence” if you were illegally stopped and arrested, or the drugs were found in some other illegal search and seizure. A successful motion to suppress may result in some or all of the charges being dismissed
  2. Evaluating all legal defenses available in your case. These can include insufficient evidence, innocence, having a valid prescription for the drug (including a medical marijuana prescription), and other defenses
  3. Seeking transfer of the case to drug court (available in some cases). Drug court is a type of diversion program where you are given an opportunity to prove that you can stay off drugs and follow other conditions; if you do, the charges may then be dismissed
  4. Seeking reduction of charges (when available)
  5. Representing you at trial or in a plea bargain
  6. Presenting the best legal defenses for your case
  7. Seeking alternative sentencing, or the lowest sentence available. Alternative sentences (available in some cases) can include a drug diversion class as an alternative to jail, alcohol and/or drug rehabilitation programs, electronic monitoring / house arrest, work furlough, and counseling

To speak with Bush Law Offices, call us at 800-745-9336 or send an email to info@bushlawoffices.com.