Austin Defense Attorney Charlie Roadman discusses probable cause affidavits in DWI cases. He explains that the affidavit, written by the arresting officer, outlines the evidence against the accused and is a requirement of the 4th amendment to ensure arrests are made based on probable cause. A magistrate judge reviews the affidavit to confirm sufficient evidence for arrest and decides on bond conditions and amounts. Charlie notes that the document, which is public record, often contains exaggerated facts by the officer to justify the arrest. However, prosecutors base their opinions on more detailed offense reports and videos, not the affidavit. The affidavit is mainly useful for defense attorneys to anticipate the case's direction, as it includes the worst facts and the reason for the stop, which is crucial in DWI cases.
Charlie is the author of The Defendant's Guide to Defense: How to Help Your lawyer Get the Best Result (Misdemeanor Edition): www.amazon.com...
For more information on Charlie: roadmanlaw.com/
4 окт 2024
