Frequently Asked Questions about Criminal Defense

If you are facing criminal charges, you likely have many questions about the legal process and how it might affect your future. We have compiled this list of frequently asked questions so you have a baseline of knowledge for how to proceed and where precisely you need more legal guidance.

Every case is different – for specific answers to questions about your criminal charges, and to get started fighting conviction, reach out to Strongest Defense for personalized legal advice! 

Will a criminal charge affect my current job or my job search?

A criminal charge can potentially affect your employment prospects. Depending on what line of work you are in, you can be disbarred from performing your role–for example, if you get a DUI and you drive commercial vehicles for a living, you might be fired. Also, any potential employer can run a background check on you and see that there is a charge on your record, which might influence their decision away from hiring you. 

Can I refuse to take a breathalyzer test?

If you are pulled over for DUI suspicion, you have several rights you can exercise, including the right to remain silent. You are also at liberty to refuse a breathalyzer as long as you are not placed under arrest. However, once you are arrested, you will likely be subject to a chemical test, which you cannot refuse due to implied consent laws. If you refuse anyway, you will have your license suspended and face aggravated penalties if you are ultimately convicted. 

Can you get a DUI just for marijuana?

Yes, you can be charged with a DUI for driving with any kind of intoxicant in your system, including marijuana or your prescription medication. If you were pulled over on suspicion of driving with THC in your system, you will likely be subject to a blood test, urine test, or saliva test–we can help you fight back against the veracity of these tests and these charges. 

Someone has falsely accused me. What should I do?

Contact our qualified legal counsel right away, and we will begin working with you to clear your name. In the meantime, keep detailed records of any evidence that proves your innocence, including text message exchanges, photos, and any sort of time-stamped activity that might help you establish an alibi. It is also a good idea to write down and date, in as much detail as possible, your memories of the day(s) in which this incident occurred. 

Can I lose custody of my children if I am convicted of domestic violence?

Though it’s not a guarantee that you will lose custody of your children, there is a strong likelihood that your custody might be revoked if you are convicted of domestic violence. If your spouse gets a protection order after your arrest, you will likely not be allowed to see the children you have together for a while. Furthermore, if you are found to have committed domestic violence in the presence of your child, you can also be charged with child abuse.

Can my spouse/partner drop domestic violence charges?

It might not matter if the alleged victim drops or disavows domestic violence charges. The case is being brought by the prosecution, who can proceed with the charges against you if they so choose. However, if the victim of the incident refuses to testify or provide evidence against you, there might not be enough proof to proceed with the case. 

Can I be eligible for a DUI expungement?

Expungements are only available in incredibly limited circumstances. Usually, they are reserved for drivers who incurred their charges while they were still minors. In almost all other cases, your DUI will be on your record permanently.