The DUI Process in Daytona Beach
What Happens After Being Arrested for DUI?
Many people do not realize that upon being arrested for DUI there are two separate actions that are triggered. The first is the criminal charge that is dealt with by the courts and the second is a civil case concerning your driving privileges with the Department of Highway Safety and Motor Vehicles (DHSMV).
It is very important to understand that you have 10 days from the date of your arrest to file a request for a formal review hearing with the DHSMV to challenge your driver's license suspension. Even if the criminal DUI charge against you is dropped, your license will still be suspended by the DHSMV if you fail to schedule this hearing.
The criminal process will start with an arraignment where you will be informed of the exact charges against you and you will be asked to enter a plea. If you plead guilty, the judge will impose a sentence. If you plead not guilty, a date will be set for a pretrial hearing. At this hearing, negotiations can be made with a prosecutor and the judge will be informed of the progress of the case.
If no plea agreements can be made during negotiations at your pretrial hearing, a date will be set for a trial. Most DUI cases do not go to trial as they are resolved before this stage; however everyone has the right to a trial. A Daytona Beach criminal defense lawyer should be hired upon being charged with a DUI. In this way, you can be competently represented for both the formal hearing with DHSMV and in court.
Daytona Beach DUI Attorney – Serving Deland & West Volusia
We at Buckmaster & Ellzey, have experience as both a former state prosecutor as well as in the field of criminal defense. This gives us a unique understanding of every aspect of the DUI process. We know that you are facing complex laws and court procedures in addition to serious penalties that could hurt you and your family. You should not face these alone. Our willingness to fiercely defend against violations of your rights can be used to your advantage.
Being charged with a DUI does not mean that you are guilty. There are numerous defense strategies that can be developed and executed that could lead to a victory in your case. During this trying time, you need a lawyer with both compassion and skill.
Q: If I’ve Been Arrested, What Rights Do I Have?A: In our country, being arrested does not deprive you of the many rights you have as a citizen. When you were arrested, you should have been informed of your Miranda Rights. You may ask the police officer why you are being arrested and can refuse to answer questions regarding the charges. You have the right to an attorney and the right to a fair and speedy trial. Using a qualified and experienced Daytona Beach criminal defense attorney will work to your advantage in ensuring your rights are protected.
Why Should I Hire an Attorney to Represent Me?
In the case of Buckmaster & Ellzey, we have prosecuted thousands of cases as an Assistant State Attorney. On the side of criminal defense, we have defended hundreds of individuals, such as you, that have faced charges for criminal offenses. Having served on both sides gives us a unique opportunity to fight for our clients.
We understand how prosecutors operate, the types of evidence that they will bring forth and what arguments they are likely to pursue in a criminal case. This first-hand knowledge allows us to better prepare and successfully resolve cases.
What Are the Differences Between a Misdemeanor and a Felony?Generally, misdemeanors are considered minor offenses. The fines for them will be relatively small and any time spent in jail will be in terms of weeks or months, not years. A felony conviction can result in steep fines, probation, parole and prison sentences for years. They can remain on your permanent record and may adversely affect future educational and employment opportunities. With the assistance of an attorney who is willing to aggressively defend your rights, felony charges can sometimes be reduced to misdemeanors.
What Happens Now That I’ve Been Charged With an Offense?The first step will be what is known as an arraignment. A judge will tell you the charges against you and there are many decisions that will need to be made at this time, such as how you will plea to the charges, what bail will be set at and others. We understand that facing criminal charges can be tough and would like you to take advantage of our experience to help you successfully navigate through the criminal justice system.
How Are Child Support and Alimony Calculated in Florida?If you are going through a divorce, you may be concerned about how much child support or alimony you can receive or will be expected to pay. Alimony is ordered to ensure that both spouses have an equal opportunity of maintaining the same standard of living they enjoyed during the marriage. The higher-earning spouse makes payments to the lower-earning spouse. The amount of the payment is determined based on one party’s need and the other party’s ability to pay. This involves the consideration of a variety of factors, including the length of the marriage, each party’s contribution to the marriage, and the ability of the unemployed spouse to obtain work. Child support, on the other hand, is determined based on Florida’s statutory guidelines. To calculate a child support payment, the court considers the total income of both parties, minus any deductions. The child support order is ultimately determined by what amount is needed to cover the child’s basic living expenses, including food, shelter, childcare, education, and healthcare.
Well-Versed in the Legal Process and Protocols
“He is well-versed in the legal process and protocols. Fortunately, the criminal complaint made against me was frivolous and without merit. Even so, I was able to sleep much better knowing that Jeremy was in my corner.”
They Had My Back
“Not every case works in your favor but knowing you have the right attorney to fight on your behalf is vital. Thankfully having Buckmaster & Ellzey have my back was a success.”
Diligently and Highly Professionally
“Mr. Buckmaster was thorough in explaining legal jargon and procedures that were very alien to me. He was able to suggest my best courses of action and get my charges to a more manageable place so I could have a shot at a good future in society.”
Professional & Responsive
“They were knowledgeable, prompt, professional, and courteous. They took what could be a potentially confusing situation and guided me with stress-free assistance.”
Gets the Best Results
“Jeremy worked hard and smart to get only the best results. Another thing that stood out and was most appreciated was the excellent communication, by phone, email, regular mail, and in person. I always knew what was going on in a timely and efficient manner”
A Team of Compassionate Advocates on Your Side
Former State Prosecutor
40+ Years of Collective Experience