Your Rights Upon Facing a DWI Charge

by | Aug 9, 2012 | Law

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The rights of accused persons are generally enshrined in the Constitution or in other Statutes. Some of the rights held by to a person facing a DWI charge include:

 

1. Presumption of innocence
All persons shall be considered guilty until proven otherwise by a court of law. This has always been the cardinal rule in criminal trials. Therefore the first thing a person facing a DWI Crowley TX charges should note is that he/she is innocent. The fact that you were caught “pants down” is irrelevant in this regard. You are not a criminal until adjudged so by a court of competent jurisdiction.

2. Right to bail
Having established that guilt can only be imposed by a court of law after trial, it is worthy to note that you are entitled to bail. The factor to be considered before granting this provision is the possibility of absconding or the danger to the society. If you demonstrate that you have no intentions of leaving the jurisdiction of the courts and that you pose no imminent danger to the society, no court or police institution should deny you bail. Bail is normally granted on DWI charges and hence your situation should not be treated any different.

3. Right to remain silent
Now, this is a right which is enshrined in the Fifth Amendment to the Constitution of the United States. It basically stipulates that an accused person is not obliged to give any information relating to commission of the crime to police officers after being arrested. If you have been arrested for DWI, all you need to state is: “I wish to exercise my right to remain silent”. There are no further technicalities in this regard. This guard is designed to protect the accused person from self incrimination.

4. Right to obtain legal representation from an Attorney of your choice
This is no lesser right than the right to remain silent. A person charged with DWI Crowley TX has the right to be represented by an Attorney of his own choice. It is the responsibility of the accused person to trigger the enforcement of this right by insisting on legal representation before proceeding with the trial. After all, the right to represent oneself is also a right recognisable under the law. It is a matter of choice.

5. Right to refuse to sign any documents
If you feel uncomfortable with signing a document that you do not understand, you have a right to refuse to sign it. A wise move would be to insist on signing documents in the presence of your lawyer.

6. Right to a telephone call
If you lack the means to contact your Attorney or members of your family, feel free to exercise this right. It applies if you are charged with DWI or when facing any other charge whose penalty is prescribed by the law.

 

To obtain legal representation upon facing a DWI Crowley TX charge, simply follow website or with our firm and get in touch with an Attorney who specialises in DWI charges.