Top criminal law expert joins special counsel
Criminal Trials are stressful on everyone – including the lawyers.
In every criminal trial the stakes are high.
Will the accused be found guilty or not guilty?
It is an enormously stressful process for both the victims and their families, and also for the accused and their loved ones.
But trials can also have a big impact on legal professionals too.
The Law Report speaks with a senior barrister and a psychiatrist who treats lawyers about the pressures on both prosecutors and defence lawyers.
It’s not much of an exaggeration to say we’re in the midst of a crisis in criminal responsibility.
Society is becoming more aware of what causes people to commit crime. The range of causes includes addiction, a history of sexual or physical abuse, and “rotten social backgrounds”, as they say in the United States.
How, then, under these conditions, can we still call people to account for their actions in court, on the basis they acted freely and voluntarily when they committed an offence? Do we have to throw away ideas of responsibility for crime?
Operating while intoxicated is a common offense in Michigan, but many people do not know their rights during a traffic stop. As a result, they wind up facing charges that they may have avoided, or they give the prosecuting authority evidence to use against them. Common mistakes during a traffic stop include: Giving the officer permission to search the vehicle; Providing too much information; And consenting to field sobriety tests. Michigan is an implied consent state, which means that drivers automatically consent to a chemical sobriety test. As a result, you will face penalties for refusing a breathalyzer test: One year license suspension for the first offense Two year license suspension for the second offense Five year license suspension for the third offense However, you can refuse to take a field sobriety test without penalty. Although this may make the officer suspicious, it could reduce the amount of incriminating evidence the prosecuting authority has against you. Depending on the circumstances surrounding your arrest, the breathalyzer results may be inadmissible, but if you fail a standardized field sobriety test, the prosecuting authority can still use that against you. If you are facing OWI charges in Michigan
A Grand Rapids criminal defense lawyer with a reputation for winning cases can structure your defense and explain the potential outcomes of your case. Read on to learn more about the three standardized field sobriety tests: Standardized Field Sobriety Tests As the National Highway Traffic Safety Administration explains, there are three standardized field sobriety tests: The Horizontal Gaze Nystagmus Test; The Walk and Turn Test; And the One Leg Stand Test. During the Horizontal Gaze Nystagmus Test, the officer will see if the eye jerks at peripheral angles. Nystagmus is often exaggerated in people who are intoxicated. The officer who conducts the HGNT will look for three signs of impairment: Angle of jerking is not within 45 degrees; Suspect shows distinct jerking of the eyes; And the eye cannot follow a moving object. The One Leg Stand Test evaluates the suspect’s balance and coordination. You will stand on one leg with the opposite foot 6 inches above the ground. You will then have to count aloud until the officer asks you to lower the leg. The Walk and Turn Test also evaluates coordination. The suspect has to take nine steps heel-to-toe in a straight line, turn, and do the same in the opposite direction. According to the American Automobile Association, officers who conduct this test look for: Signs of imbalance; Ability to follow instructions; Ability to touch the heel to the toe; And the ability to walk in a straight line. If you are facing OWI charges in Michigan, there may be several defenses that apply to your case. For example, if the stop was unlawful, certain evidence – such as the breathalyzer results and the results of your field sobriety tests – may be inadmissible in court. A Grand Rapids criminal law attorney from Gordon & Hess, PLC can represent your interests.