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July 2013 Archives

Securing Evidence in Your DUI Case

St. Augustine Attorneys Urge You to Check Your Footwear

St. Augustine lawyersYour St. Augustine lawyers will want to know what kind of shoes you were wearing at the time of your DUI arrest. Sometimes women will be asked to do a sobriety check while wearing high heels, and certain men may have to perform such checks in cowboy boots. Balance tests can therefore be unfair and inaccurate when the subject is wearing shoes that do not support the feet properly or that do not allow for proper balance.

A St. Augustine Attorney Discusses the Hearing Preparation Process

The Rules of Discovery

St. Augustine attorneyYour St. Augustine attorney should keep whatever information he can from the prosecution, as allowed by the rules of discovery. The main rule is that the defense does not have discovery rights before the start of a preliminary hearing. However, the rules of discovery in some cases may allow your St. Augustine attorney to obtain some prior information before the hearing witness statements.

A Lawyer in St. Augustine Discusses Preliminary Hearings

What Is the Standard of Proof?

lawyer in St. AugustineWhat is the standard of proof in a preliminary hearing? This principal varies from case to case, but sometimes the standard of proof is simply probable cause. At other times, the prosecution needs to establish what is known as a "prima facie" type of case. As your lawyer in St. Augustine will tell you, this occurs somewhat more frequently than simply probable cause.

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