Determining legal responsibility (i.e. liability) for an accident or injury can be complicated.
Criminal defense attorneys and personal injury attorneys spend lots of time analyzing what happens during juror deliberations.
A new government report on the rate of sexual victimization in America's jails and prisons lists the State of Colorado's Denver Women's Correctional Facility as having the highest rate of sexual assault and misconduct by staff of any facility in the nation.
Is there a way to get my record sealed?
Yes. All criminal convictions are public record.
A felony is punishable by a year or more, and it prevents you from possessing a firearm ever in the future, under federal law. It will prevent you from voting and some other valuable civil rights. One of the main concerns is it will prevent you from getting a lot of different kinds of jobs in the future.
In cases such as these it is essential that you fight the DWI because New Mexico courts have ruled that having a child in your car while committing any kind of DWI is, in itself, child abuse. You can't argue things to the jury like, "Well, it was 0.08, but they were driving safely." You have to fight the DWI to fight the felony child abuse case. In that case, it's even more important to hopefully have a client who declined to do the Standard Field Sobriety Test or declined to give a breath sample, so you just litigate whether or not it was DWI.
Sometimes you can, but the case is going to need to have real problems for the state, which, if you have declined to submit to the Standard Field Sobriety Test, and you have declined to give a breath sample, is going to be that kind of case for the prosecution. Those are the kinds of cases where you are most likely to get a non-DWI plea.
It's very case-specific. If you drive for a living, pleading guilty to a DWI will affect your ability to do that because you are going to lose your commercial driver's license, at least temporarily. Depending on the case, you can negotiate things down to careless driving or something like that prevents you from having a DWI conviction on your record. Generally, when a person drives for a living, that case is going to end up in some kind of litigation.
A plea bargain is something that you would try and do with the state, and sometimes it's a finding of the court that reduces the punishment from what you would get if you lost a trial. Sometimes, it reduces the charges as well.