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Finding Someone’s Criminal Records in Lancaster County
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Past Budgets. County Board Records. County Meetings. There are often time conflicts between the two, which will prevent the officer from coming to your hearing. The arresting officer will appear to testify about the arrest if subpoenaed.
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A hearing officer will evaluate the evidence and make a recommendation to the Director of the DMV as to whether the revocation should go into effect or be dismissed. Special warning: If you refused a blood, breath or urine test, you will automatically lose your license for one full year. Under the one year ALR suspension, there is no work permit or other provisional license available. There are both civil and criminal sides to a DUI charge. The criminal penalty may involve fines or jail time, and it is handled by the court system.
The ALR is a civil hearing, not in a courtroom, but in a small office. The people present would be you, your attorney, the DMV hearings officer, and the arresting officer s. This is a critical hearing, as it will determine whether you will keep or lose your license from the civil side.
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A work permit is not available if your license is revoked for 90 days under ALR. No work permit is available on a one year suspension due to a second or subsequent ALR suspension. However, you may be able to drive on an Ignition Interlock Permit by having a breath testing device installed in your vehicle.
First, we will focus on winning the ALR hearing. Yes, you can do the hearing alone but may be difficult. The burden of proof is on you to show you were 1. Not driving or in physical control of a motor vehicle; or 2. Were not operating a motor vehicle on a public road or on private property open to public access; or 3. That you did not refuse to submit to a test if the allegation is that you refused a test.
The advantages and disadvantages should be discussed with an attorney. You do have the right to an attorney at the hearing, fighting on your behalf, however the attorney is at your own expense. An attorney will not be provided for you by the State.
If your license has been impounded because you refused to submit to a chemical test, these are the only issues that apply:. It is my job to go into this hearing, armed and ready to get your license back. As I stated before, many attorneys do not even believe in going to this hearing. The Hearing Officer will preside over the hearing, administer oaths, examine witnesses, take testimony, rule on preliminary motions and all matters raised at the hearing, and recommend a decision to the Director.
The Director may accept or reject the recommendation, and will issue a final order. Yes, the Director may continue the hearing until a later date if there is a good reason. You would have my office move the date if it was not convenient for you. If granted, your temporary license will not be extended, even if the hearing takes place after it expires at the end of fifteen days. The hearing is tape recorded for an official record. The Hearing Officer will open the hearing, state the names of those present and explain the purpose of the hearing.
He will introduce exhibits, typically as follows:. I will have the opportunity to review the exhibits and object to any on legal grounds. We may offer our own exhibits. The Hearing Officer will decide if they are relevant and material and rule on whether they may be entered. The Hearing Officer will have the arresting officer testify about the arrest. I will then ask questions of each witness. The Hearing Officer will recommend a decision to the Director, who makes the final decision.
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The decision will be mailed to you and me by certified mail. The charges filed by prosecutors may be the same or entirely different from those written on the citation. There are several stages to a criminal proceeding, which I have outlined below. Simply put, a bail bond is a sum of money that must be deposited with the court before a defendant will be released. Most juveniles are released to the custody of their parents. The purpose of a bail bond is twofold: 1 to insure that a defendant will appear in court, and 2 insure the safety of the defendant and the community.
The more serious the charge is, the more danger the defendant represents to the community; thus the higher the bail bond. Arraignment: This is the date on your ticket, about 30 to 60 days after your arrest.
If you have an attorney, he may be able to enter a not guilty plea by written waiver and you would not have to appear for this initial hearing. The purpose of arraignment is to advise you of your rights and of the possible penalties you face. The Court will set a trial date and advise your attorney.
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Pre-Trial Motions: There are several pretrial motions that can be filed to assert certain rights.