UNION COUNTY DWI ATTORNEY

CRIMINAL RIGHTS IN A DWI CASE

 

THE RIGHT TO REMAIN SILENT- This is one of the most treasured rights under our constitution and one of the least that is used. Most people are simply too willing to speak to police, even in situations that they are a suspect in. You are absolutely no obligation to speak to any police officers, FBI agent, or even judge if you are a suspect or a defendant in a criminal or Morris County DWI case.

 

THE RIGHT TO TESTIFY - This is the converse of the aboe stated right. You have the right to take the stand in your own defense and give your version of what happened. This does not mean that you can intentionally lie on the stand. This is perjury and will be prosecuted. However, you have the right to tell the judge or jury how you saw things and what happened from your point of view.

 

THE RIGHT TO A JURY TRIAL - Unfortunately this does not apply to DWI cases in New Jersey. The courts have held that all low level New Jersey DWI cases will go to trial before a municipal court judge and he/she will make the finding of guilty or not guilty. The most important thing in this case is to get as fair a judge as possible. Getting a fair DWI trial in New Jersey can be difficult.

 

NO DOUBLE JEAPORDY- They have made movies about this right. Simply put, the state may not put someone on trial for the same offense twice. They only get one trial. While, the defendant can appeal a finding of guilty, in a DWI case in New Jersey, the state cannot appeal a finding of not guilty.

 

THE RIGHT TO A SPEEDY AND PUBLIC TRIAL- This is usually not an issue in Morris County DWI cases. Most courtrooms are open to the public and DWI cases are handled in municipal court rather quickly unless there are some special circumstances.