D. Scott Rieth Criminal Defense Attorney
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November 2016 Archives

Difference between grand and trial juries

Those facing criminal charges might have their future decided by a jury made up of average citizens. It is important to understand the role of juries in a criminal trial. Getting the jury on your side is important during your trial because they are the ones who decide whether or not you are guilty. Juries are often divided into two different types; grand juries and trial juries.

These common health conditions affect field sobriety tests

While more and more people are coming to understand the different ways that mechanical failures and contaminant substances can affect breath tests, not as many people realize that there are problems with standard field sobriety tests too. This happens because the standard battery of tests used to determine sobriety in the field is based on subjective judgment, which allows implicit biases to move the goalposts on performance according to the discretion of the officer. It also happens because a variety of health conditions that put no legitimate burden on one's ability to drive can cause symptoms that make one likely to fail a sobriety test.

Plea agreements and negotiations

There are some cases that come to an end before they even begin. Sometimes the prosecution comes up with a plea bargain agreement. The agreement results in a lenient sentence for the defendant in exchange for the defendant accepting the charges. The law gives defendants the right to refuse plea bargains and go straight to trial. Prosecutions often prefer plea bargains over court cases because it saves their energy for other cases as well.

The defendant's Sixth Amendment rights

The Sixth Amendment of the United States Constitution gives defendants the right to a speedy trial in front of an impartial jury. To be convicted of a crime, the jury must believe beyond a reasonable doubt that the defendant is guilty. It is important that the jury is impartial and there is no bias among any of the jurors.

Understanding aggravated assault charges

Attacking another person with a weapon with the intention of bodily harm is classified as aggravated assault. The circumstances leading to the incident have a big influence on the outcome of an aggravated assault case. Aggravated assault is added as a secondary charge in some cases. Prosecutions might include aggravated assault charges, kidnapping, rape, or robbery.

Can having diabetes cause false breath test results?

Field sobriety tests have been a staple of law enforcement for years, and they range in sophistication from individual judgments of dexterity to breath test machines that estimate a person's blood alcohol content (BAC) by reading alcohol's byproducts in the person's breath.


D. Scott Rieth
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Bradenton, FL 34202

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