Felony Traffic Offense FAQs
What Happens After the Charging of a Felony Traffic Offense?
If someone is criminally charged with a felony traffic offense, they will be read their Miranda rights. These rights will state that any statements made by an individual during a custodial interrogation by law enforcement and/or government agent may not be used against them in a court of law unless they have been read their rights. These rights must be invoked immediately upon being taken into custody and/or arrested. The exact wording of the right may differ from time to time, but will always include all of the key components.
After the arrest, the defendant is required to appear in court for an arraignment hearing. This arraignment hearing is a court hearing where the defendant must appear in criminal court. There is an arraignment hearing, which is a court hearing in which the defendant is required to appear in criminal court. During this hearing, the charges against them will be read and they will be advised of their rights. At the end of the hearing, they will need to enter a plea of guilty or not guilty. If the individual fails to appear for the arraignment, the judge can issue a warrant for their arrest, as well as suspend their driving privileges in the process.
What Happens After a Plea of "Not Guilty?"
If there is a plea of "not guilty," then the individual has the right to a trial by judge or a trial by a jury. They also have the right to be represented by an attorney. If they cannot afford an attorney, then the state will appoint one to represent them in court. If the individual is convicted of the felony, they may be sentenced to imprisonment. The following consequences are also in play:
- Ordered to pay fines.
- Ordered to pay court costs.
- Points added to driving record.
Are There Any Defenses to Felony Traffic Charges
Yes, there are some defenses available to felony traffic charges. Here are some common defenses.
- If an individual is not read their Miranda rights, any statements made during that interrogation are not admissible in court as a result.
- The defendant can argue that there was a lack of probable cause for their arrest. Probable cause is the reasonable belief that an individual has committed a crime or will commit a crime. A law enforcement officer requires evidence in order to support an arrest. It cannot be based off of a hunch or a gut feeling.
- The defendant can also argue that the law enforcement officer stopped their car for no legitimate reason.
- Lastly, the defendant can argue that they did not commit the offense in question.
Do Felony Traffic Offenses Go Away?
Yes, it is possible to have some criminal convictions totally expunged from an individual's record. A record expungement is a legal process where someone's criminal record is treated as if it no longer exists. Expungement is helpful when applying for a job or trying to find a new house. The rules and requirements for expungement vary from state to state, but in general it is easier to expunge minor crimes and juvenile records.
There are specific criteria that needs to be met prior to petitioning the court for an expungement. Depending on the jurisdiction, the criteria for it may include the following:
- A completion of the waiting period after the conviction.
- Meeting the terms of a conviction, including the serving of jail time, completing probation, and/or the payment of fines and/or restitutions.
- There is evidence of no subsequent criminal charges or convictions.
- Evidence of rehabilitation and contribution to society, such as new employment, education, and volunteering.
Once an individual meets the criteria for their eligibility, then they can file a petition with the court for expungement. This petition is usually filed in the same court where the criminal case has happened. Depending on this particular jurisdiction, the person may have to attach additional information to the petition, such as a certified copy of their criminal record.
Contact Traffic Offense Lawyer Today
Bach Law Office has years of experience helping clients with felony traffic offenses. We can help with this process and advise you on what needs to be done in order to file a petition against the felony traffic offense. Please reach out to us today to learn more.
Contact Bach Law
Our law office is located right in Manhattan at 38 West 32nd Street and we deal with clients throughout the greater New York City area. Other traffic offenses we provide legal counsel for include traffic tickets, speeding tickets, and DWIs.