What Paperwork Will I Have Once I Am Released From Custody?
You should leave the police station with copies of the charges against you, a document called an alcohol influence report which is the record of your breath test results, and a document called a potential liability warming signed by the person who picked you up from the station. Further documentation will be provided through the discovery process, which begins after an attorney sends in a letter of representation to the court and a discovery request to the prosecutor to provide information. Discovery consists of all the police reports, the summonses, and any other reports created in connection with your arrest. Discovery also would include documents concerning the calibration, control, and linearity testing of the breath testing instrument on which you were tested, the alcohol references used to measure your breath, other documents concerning the equipment used in connection with your breath test, and the credentials of the officer who gave you the breath test.
What Mistakes Do People Make After Being Arrested For A DWI?
Very often people will delay contacting an attorney after a DWI arrest, and that can result in the loss of valuable information. This is particularly true of surveillance videos, where retention times can be as short as 30 days. Discovery request should be made within those retention times so that the state will preserve evidence that can be very helpful to a defendant. For example, in New Jersey it is required that the officer observes the breath test subject continuously for at least 20 minutes before they blow into the breath testing instrument. Station video footage can reveal whether that requirement was met.
How Often Should I Expect To Meet with My Attorney In The First Month Following An Arrest?
The initial contact is generally made by telephone. In that phone call, you can expect a comprehensive review of the elements of the offense, the penalties associated with a conviction, potential defenses, and other issues, such as the use of experts or rehabilitative services in preparation for your defense. Many lawyers will meet face to face with clients before the first court appearance. One of the few good things about New Jersey DWI charges, compared to most states, is that there are no consequences unless and until there is a conviction. The only pretrial requirement is that you appear in court when notified to do so. By reviewing potential scenarios before final resolution of the case, hopefully the client will be ready to deal with the consequences established in consultation with a lawyer.
Will I Have To Meet With A Pre-Trial Probation Officer In The First Month Following An Arrest?
In New Jersey, there are no pretrial service requirements when you’re charged with DWI. The only requirement is that you show up in court when notified to do so. If, on the other hand, you’re charged with a DWI in federal court because you were driving either on national park service land or a military base, pretrial services may require things like urine testing and reporting to a probation officer. The conditions will vary depending on the exact charges, but outside of federal cases, there are no special requirements prior to trial when charged with a DWI in New Jersey.
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