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Kent DUI Lawyers

• Erik Kaeding: Defendant's Rights During Sentencing The defendant has the right to be present and the right to a speedy sentencing. The Sixth Amendment to the United States Constitution has been found to afford such a right. However, the amount of time in which a defendant is required to wait prior to sentencing is not defined. The defendant may have the opportunity to speak at his sentencing. Others may also be permitted to speak on behalf of the defendant. Witnesses may also speak on behalf of a victim, if one exists. However, even if the defendant is permitted to speak at his sentencing, he is not required to speak. The defendant's failure to speak at his sentencing does not give the court free rein to enhance the defendant's sentence on that basis. The defendant also has a right to be represented by counsel during sentencing. Sentencing constitutes a critical juncture in which representation by counsel is available.
• Terry Law Firm: Ordinary crime has long been considered to be the concern of state government. States are authorized to protect their citizens from criminal activity by prosecution of common law and legislatively created crimes. The federal government, on the other hand, has a limited jurisdiction and must link any crimes it prosecutes to its powers under the Constitution. The most commonly used powers to support federal criminal legislation are the commerce power, the taxing power, and the postal power. While Congress has used these powers all along to define crimes, there has been an explosion of federally created crimes in the last half of the 20th century. Most of the laws controlling white-collar crime, like the RICO Act and the Victims and Witnesses Protection Act have been passed since 1950. In addition, Congress has become increasingly involved in the "war on drugs" with the creation of various drug statutes. Due to the severity of the penalties, many local prosecutors prefer to have drug charges prosecuted in federal court rather than file state charges. Most federal laws have as their rationale that the particular crime addressed needs a uniform response from the whole country or that it would be impossible to prosecute on a state-by-state basis. Federal gun laws provide uniformity, and federal computer laws make it possible to punish Internet crime. The federal Constitution has always played a role in criminal law because it defines important individual rights that must be preserved even in a state prosecution of a state crime. The right to a trial by jury in open court, the right to cross-examine witnesses, the right to remain silent, the presumption of innocence, the right to be represented by a lawyer, and the right to be free of cruel or unusual punishment, are part of every state legal system in part because they are guaranteed by the Constitution. States are required to pay for attorneys for indigent offenders, and federal judges provide oversight to state prisons because of these constitutional requirements.
• Stewart, Beall & MacNichols: It is also unlawful to drive with your "normal faculties" impaired. "Normal faculties" are those faculties of a person, such as the ability to walk, talk, judge distances, drive an automobile, make judgements, act in emergencies, etc.
• Kirshenbaum & Goss: Imagine if your right to drive were taken away. How would you get to work? Could you hold a job? How would you take care of family needs? If you are facing a state Department of Licensing hearing following a criminal charge such as reckless driving, DUI/DWI, or driving while suspended, you should have legal representation to ensure that your right to drive is protected.
• McClure & Associates: DUI is a serious offense with very severe consequences. Jail time, stiff fines, license revocation, probation and increased insurance costs are some of the consequences of being found guilty of DUI. Society and the courts have declared war on the DUI driver.