“Whenever I needed questions answered about my case, I was able to speak with Dan directly. Great lawyer!”
-Rick
Questions About General Criminal Defense
What If I am Innocent of the Crime I’ve Been Charged?
Amazingly, many people are innocent of crimes with which they are being charged. This is why you need to hire an attorney as soon as possible.
Officers and prosecutors are not your friends and they are trying to make their case. So as much as you want to take a plead with them, it is falling on deaf ears and your statements may even come back to haunt you.
Why Do I Need a Lawyer?
There is a saying, “a person who represents himself has a fool for a client.”
his could not be anymore true. You need to be on the same playing field as the prosecutors, which is why you need a good defense attorney to represent you. Hiring an attorney to handle the criminal matter may save you a conviction and more money in the long run.
What is The Difference Between a Felony and a Misdemeanor?
A felony is more serious and your punishment range could be as little as 180 days in State Jail to LIFE in prison. A misdemeanor has a punishment range from a fine to one (1) year in county jail.
However, some misdemeanors could be used to enhance to a felony.
What Does a Prosecutor Do?
A prosecutor is supposed to look at all the evidence and see if they can make the case against you.
Like most industries, there are some good prosecutors that will do the right thing and there are some that will go forward even when they know they can’t make the case against you. This is another reason you need to hire an attorney. As a former prosecutor, Dan Simons know both sides of the law and look at the case from the prosecutor’s point of view, which is a huge advantage for you.
What Does a Grand Jury Do?
For felony cases, a prosecutor will present the case to 9-12 people, which create a grand jury.
The point is to determine if probable cause exists, which is a low burden, especially when it is one sided. A grand jury will get to hear the prosecutor’s side and the police officers side, but not your side. Sometimes Dan Simons would submit a grand jury packet to help explain the evidence from the defense side, which has been helpful at times. The grand jury can either NO-BILL your case or TRUE BILL your case. If a TRUE BILL, then it is indicted and the case will continue. If a NO-BILL, the case is over. Dan Simons’ goal as a defense attorney is to get to the prosecutor before the case is presented to the grand jury. With Dan’s help, you might be able to avoid an indictment and possibly get the case dismissed before it even gets to the grand jury.
What is the Difference Between Parole and Probation?
Probation is given to you by the judge in his court. A judge usually will suspend any sentence and give you a chance to stay out of jail or prison by following the conditions of your probation.
For an example, if you have a DWI, then a judge may give you probation with a condition of no alcohol while on probation. If you violate, the judge will decide the time you will spend in jail or prison. Sometimes you can challenge a probation revocation by requesting a hearing. A judge can find the allegation either true or not true. If not true, then the judge will keep you on probation. Parole is similar but is given to you after you have spent time in prison. You will have conditions to live up to and if you don’t, the parole board will decide to place you back in prison or allow you to stay on parole.
Questions About DUI and DWI Charges
Can I Go to Jail for DUI and DWI?
Yes, you can. However, there are ways to avoid jail and possibly get your case dismissed.
Call Dan Simons for an appointment.
Can’t I Defend Myself if This is My First DWI Charge?
You can defend yourself in any criminal case but remember the saying “A person representing himself has a fool for a client.” The best way to defend yourself is to have a defense attorney on your side.
As a former prosecutor, Dan Simons can tell you that a strong defense attorney will make a huge difference in your case.
Is the Breathalyzer the Officer Gave Me When He Pulled Me Over Accurate?
No, in fact that is something Dan Simons attacks in court. The portable breath test is not admissible in court but a trooper or officer can use in determining to arrest you for driving while intoxicated.
What is the Penalty for a First DWI Conviction?
If your case is below a .15 BAC (breath Alcohol Content), CLASS B, then your range of punishment is up to 180 days in jail and up to a $2000 fine.
If your BAC is .15 or above, it would be a CLASS A and the range of punishment is up to one (1) year in jail and up to a $4,000 fine.Most of the time you are looking at probation as a first time offender. Again, there are other ways to avoid a final conviction.Call Dan Simons and discuss your case with him.
What is the Penalty for a First DUI Conviction?
A first DUI conviction would be a CLASS B, so you would receive up to 180 days in jail and up to a $2,000 fine.
Questions About How the Dan Simons Law Firm Operates
What Do I Do First?
Dan Simons’ goal is to offer the best service an attorney can offer.
He treats his clients as if they are the only clients he has. Most times when clients come to Dan, the biggest complaint is the fact their current attorney never responds to them. This is a service industry and a good attorney has to take care of his/her clients and their case as if it were their own case. Don’t go to other firms where you are just a number. Come to a law firm that treats you life family.
Do You Meet With Me Over the Phone or In Person?
Dan can meet in person or can do the entire consultation over the phone. He is very efficient and considerate of your time.
Do You Accept a Payment Plan for Your Services?
I accept payment plans and I offer high quality service at a price that you can afford.
What Else Can I Expect About Working With You?
“You can expect that I will always answer the phone or respond to text when you try to contact me. You are my priority.” – Dan Simons
Questions About Your Day In Court
What Do I Wear When We Go to Court?
Appearance is important, especially when you go before the judge on your first court appearance. Wear what you would wear to church or to work in an office.
How Will You Help Me Prepare for My Day In Court?
I will explain the entire process to you from start to finish. You will never be in the dark. After talking to me, you will feel more confident fighting your case.
If I Don’t Understand What is Going On in Court, What Do I Do?
I will always explain everything going on in court. If you don’t understand, ask me.
If you are going to court without an attorney, the most important thing I can tell you is say nothing and listen. Be polite to the court staff and the judge.