Far more serious than a speeding or parking ticket, traffic infractions can be considered a misdemeanor or felony offense depending on the circumstances. These infractions can potentially result in one’s license suspension, license revocation, incarceration, and a criminal record. If you wish to contest these charges, you may require the help of a seasoned Troy traffic lawyer who could protect your rights while presenting a strong defense on your behalf. Read on to learn more about how a professional criminal attorney could offer you their assistance today.
Basics of Criminal Traffic OffensesBoth misdemeanor and felony charges for traffic offenses are categorized by three different degrees of severity. A first-degree offense is considered the most serious types of charge, while a third-degree charge is the least damaging type of offense. Felony charges can result from excessive speeding, reckless driving, hit-and-run cases, vehicular manslaughter or homicide, attempting to avoid law enforcement, and driving under the influence of alcohol or drugs. Misdemeanor convictions are punishable by up to one year in jail, and felonies can range in length of incarceration beyond a year. Repeat offenders may receive longer sentences. A dedicated Troy traffic lawyer could help to fight against these charges by offering professional legal representation in court.
Troy’s Legal ProcessAfter an arrest, the police will guide the driver through the booking process and the state may confiscate their driver’s license. To avoid self-incrimination, it is generally best to civilly decline to answer questions until an experienced Troy traffic lawyer is present. Law enforcement then submits the arrest to the Troy prosecutor’s office who decides if there is enough evidence to warrant a criminal charge. If so, they will notify a defendant of their charges and set bail.
Sometimes the defendant instead promises to attend future proceedings, an option known as own-recognizance. A preliminary hearing determines if the state has sufficient evidence for trial. Before the trial, there is a pretrial conference to set the parameters of the trial. The defense can bring motions for a bail reduction and other relevant requests. Other than guilt or innocence, defendants may also plead no contest, which may be helpful in any following civil actions because they are not admitting guilt.
What are Plea Bargains?Sometimes the prosecution and defense can negotiate a compromise: in return for a guilty plea, the state reduces the charge and thus the punishment. This type of agreement is entirely up to the individual and their Troy traffic lawyer. The state sometimes offers plea bargains to save the expense of trying a case and help reduce the court’s caseload.
Potential Defense StrategiesDefenses can vary widely depending upon the circumstances of the case and the evidence the state will present, which must be provided to the defense prior to trial. The defense may conduct an independent probe for errors, such as contaminated evidence, to challenge the admissibility the state’s evidence. They also could depose the involved law enforcement officers and witnesses and gather their own witnesses and any other mitigating evidence. In general, the most common defenses for traffic infractions include insufficient evidence, lack of intent, or other theories to raise doubt in jurors’ minds.
Reaching out to a Troy Traffic LawyerA traffic offense could result in large fines as well as periods of incarceration, and may seriously limit an individual’s mobility. A weathered Troy traffic lawyer may be able to help you find a way to protect your freedom. Reach out to a seasoned Troy traffic lawyer today to schedule your initial consultation.