Starting Out As a Criminal Defence Lawyer: Some Advice

By [http://ezinearticles.com/?expert=Steven_Tress]Steven Tress
It's a time marked both by excitement and apprehension. I clearly remember the day I graduated and even though I was only 24, I have seen a common reaction in law graduates no matter what age.
The greatest single benefit I had after graduation was my one-year articling term. Criminal lawyers are usually lone-wolves. Unlike civil litigators who practice in groups and firms, a criminal lawyer is typically a sole practitioner either practising alone or in a cost-sharing arrangement with other criminal lawyers who are also sole practitioners. This has its advantages and disadvantages. If you have an articling term in your jurisdiction, don't waste it. Do some research and send out resumes to criminal lawyers only, and only those who are practising as sole practitioners because they are the ones from whom you will have the maximum one-on-one attention.
I learned a lot from my articling principle. I stuck to him like glue; went to court with him, stayed late when he did, got to the office early when he did. I learned not only how he practised criminal law, but also how he operated the business of the practice of law. After articling, there was the bar admission course (six months) during which time I worked part-time for him. After I got called to the bar, he offered me a job and I worked for him for another year. Then an office became available in his suite and I set up my own practice, in a cost-sharing association with him. After three more years, I leased my own space and started my own cost-sharing association. But I never believed that anything else was a more important start to my practice than my year of articling.
If you don't have that in your jurisdiction, then try to do the next best thing. Try to get a job with a senior criminal lawyer of good reputation who is a sole practitioner and stick to him/her like glue. It is important that you carefully choose who you work for. The greatest asset of a criminal lawyer is his ethical reputation and, therefore, his credibility. That goes a long way. So find a lawyer with a good, solid ethical reputation. He/she will teach you how to practice that way and teach you how to develop your own credibility in the field. Another benefit is that you will have a head start in that area just by virtue of having been known to have worked for a respectable and well-known criminal lawyer. After you have worked in that capacity for 1-3 years, you can consider yourself prepared to hang out your own shingle.
My second piece of advice is to join your local Criminal Lawyers Association and other professional lawyers associations, and become active in them. I found early on that the lawyers who practice well and have a good reputation tend to donate about 25% of their time to professional activities. Not only do you learn a lot from the best of your field of practice, but you also gain access to the best CLE (continuing legal education) programs. If you have a Young Lawyers Division, join that as well. I was quite active in that respect, especially in the first 7 years of my practice. It is also very enjoyable and gives you a good break from the day-to-day stresses of running your business. It is a social outlet as well as a rich learning opportunity. You'll find that the senior lawyers that enjoy what they do also enjoy teaching young lawyers what they do. You'll gain some very good mentors.
My third piece of advice is to enjoy what you're doing. Try not to succumb to the financial burden of starting up a practice by accepting every kind of case and every kind of client. Personally, I believe that it is worth the sacrifice of taking a dip in revenue rather than taking on cases where you don't like the client or the work involved in representing that client. If you decline to accept a case, make sure you can provide the client with a referral to another criminal lawyer whom you respect and trust. Do not ask for, or accept, a referral fee. He/she will appreciate the referral and you will be developing a referral network which can be a good source of business.
Fourthly, if a particular case usually involves 10 hours of prep time, spend 20. (I actually continue to do that even after 20 years of practice). It makes you look good when you know the facts cold, know the case law pertaining to a particular situation well and can stand on your feet and answer the judge's questions without looking down. You will particularly catch everyone off guard because you are just starting out. You look green, you sound green, but you handle yourself like a seasoned professional.
Fifth, you may be thinking of internet marketing and that may be of some benefit. However, you will find that the greater part of your practice will develop from referrals from previous clients. If you really put everything into client contact and preparation, your clients will see that you work hard and if they have friends that need you, they will send them to you. Do not underestimate the importance of maintaining good client relations. Don't wait for the client to call you and ask, "How's my case?". Initiate a call at least once a month (once a week if you have time), let them know what's going on, say hi. That will stand you apart from your competitors. If a client calls and leaves a message, return the call as quickly as you can. They will be impressed. I get that all the time, "Wow, that was fast".
Back in my early days, there was no email. Now I set aside some time on Friday afternoon and fire off a brief email to all my clients (it doesn't take as long as you might initially think):
"Hi John (or Mr. Smith). Just thought I would touch base with you and let you know that I am still waiting for some outstanding disclosure from the Crown. I'm going to court next week and I'll put a little pressure on the Crown to get this case moving for you. Once I receive all of the missing items, you and I should get together and review the next step. What is your schedule usually like during the week?"
Developing a rapport with mentors, colleagues and clients is not only a benefit to your business, but also makes the practice of law enjoyable. You will find that you will be going home to your family telling them about what a good day you had, instead of what kind of stressful day you had. A genuine smile also lets clients, judges and juries know that you are confident and competent.
It is my experience that the Crown Attorneys are generally very good; very professional, very competent and a pleasure to deal with as an opponent in and out of court. They will respect you if you stick to your ground, having done your research and not being reticent about trying a case or a constitutional argument that is fairly well-founded.
Once in a while, you may come across a Crown that is not so. When in court, I find the best way to deal with them is:
Always respond to their arguments or objections by addressing the judge, not the Crown;
Speak at a volume level slightly below that of the Crown;
Be brief and to the point, avoiding dramatics, even if the Crown is dramatic; and,
Be very pleasant, even if the Crown is not.
This approach will contrast you and have the effect of emphasising the negatives of your opposing counsel. Avoid making sarcastic or caustic remarks in responding to your opposing counsel. It's your professionalism that will carry the day.
(c) 2011 Steven Tress, Barrister and Solicitor. All Rights Reserved Worldwide.
Steven Tress is a [http://steventress.com/criminal-lawyer/]Toronto Criminal Defence Lawyer with over 20 years experience in [http://toronto.criminaldefence-lawyer.ca/]Criminal Law. His office is located at 425 University Avenue, Suite 500, Toronto, Ontario, M5G 1T6, and may be contacted for a consultation at (416) 977-3657 or via email:  [mailto:contact@steventress.com]contact@steventress.com
Article Source: [http://EzineArticles.com/?Starting-Out-As-a-Criminal-Defence-Lawyer:-Some-Advice&id=6632236] Starting Out As a Criminal Defence Lawyer: Some Advice

Contact a Criminal Lawyer If You Find Yourself in Hot Water With the Law

By [http://ezinearticles.com/?expert=Andrew_Stratton]Andrew Stratton
If you went out for a night on the town and got caught drinking and driving, or you were involved in a situation where you were at the wrong place at the wrong time, you may need legal help. A criminal lawyer knows just what to do when you've been arrested. While some people may think that hiring an attorney is no big deal, if you want to make sure you don't ruin your good name, then it's a good idea to reach out to a skilled attorney. Explore three reasons why you may need to hire a professional.
DUI
When you hang out with friends or go out for a special occasion, you may decide to have a few drinks. Unfortunately, sometimes those drinks can get out of hand and you find yourself a bit tipsy. Yet, you may feel you're okay to drive. Sadly, many times, people are not able to drive and wind up hurting themselves or someone else in a car crash.
In addition, some people also use illegal substances that can alter their thoughts. As a result, this can also cause you to do something you wouldn't do if your head was clear. Whatever the case, you will need a good criminal lawyer to help you get out of the deep trouble you're in. This attorney will advise you on what to say or not to say and can help get you on the right track for the future.
Robbery
Everyone knows not to take things that don't belong to them. Yet, some people do it anyway. If you see something you just had to have and decide to steal it, you will get caught by the authorities. And if the official owner of the property presses charges against you, you will need to get on the phone with a criminal lawyer as soon as possible. This way, you'll have a better chance of getting a better outcome, as opposed to trying to deal with the situation alone.
Assault
What you may call self-defense may be considered assault by the other party. Regardless of who was at fault, you could find yourself in the back of a patrol car. Whenever possible, you need to call or have someone call a criminal lawyer for you immediately. This is because you cannot risk ruining your future because you didn't have proper representation. An experienced attorney can help fight for your rights and keep you out of jail. The process may take time, since it's your word against the other person's word. However, it will be worth the wait when you walk out of jail a free man or woman.
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Article Source: [http://EzineArticles.com/?Contact-a-Criminal-Lawyer-If-You-Find-Yourself-in-Hot-Water-With-the-Law&id=6657106] Contact a Criminal Lawyer If You Find Yourself in Hot Water With the Law

Video Aids Law Enforcement in UK

By [http://ezinearticles.com/?expert=Edward_Primeau]Edward Primeau
Nearly every United States metropolitan area has some type of closed circuit television system. There are cameras on utility poles in busy intersections, in front of government buildings, and in front of other high crime areas for the purpose of deterring crime.
The United States was one of the first countries to install metropolitan CCTV systems. Other countries are following along as security becomes a growing concern.
Many cities across the globe are installing CCLV systems. Digital closed-circuit television systems aid law enforcement by catching crimes on camera. Police then review that camera recording and seek the criminals.
In the UK, riots are breaking out and instigators do not realize that London is one of the most wired-up cities on the planet. Similar to Denver, Colorado, London has closed circuit television cameras all over recording many of the riots that have recently broken out.
After a riot, the London police scan 30 images per second, looking for the best one that shows who may be responsible for starting that particular riot. The image or picture is then posted on the Internet, broadcasted on television, and even placed in the newspapers. This is helping solve the London riots and assure the citizens that something is being done to keep their streets safe.
Somewhere in London there is a huge computer that stores hundreds of thousands-if not millions-of gigabytes of digital video footage. The computer interface aids the investigators in discovering details of crimes committed on London streets.
Some say that CCTV systems used here in the United States are violating our constitutional rights. Rather than getting sidetracked on our right to privacy, litigators use CCTV footage to solve crime, not to invade your privacy. Any time you are outside of your home, you may be recorded on video. There are cameras in shopping centers, gas stations, party stores, banks, and even many homes.
Video forensic experts help litigators understand the relevancy of media and other technical evidence while keeping their opinions simple and easy to understand.
As a video forensic expert, I am asked to review footage that was recorded on these CCTV systems, export frames from the video and create and clarify images, prove authenticity, and help courts better understand the digital video recording process and use of video as evidence.
It's rare, but I have even experienced video evidence that was altered by someone who was trying to beat the system. Many people do get away with evidence tampering, and forensic experts can aid with authenticating evidence so the litigators can move on with their process.
One of forensic experts' biggest mistakes is making their reports and testimonies too complicated for the courts to understand. CCTV systems are complicated machinery and computer systems. Instead of unnecessarily over complicating reports and testimonies. make opinions available in practical, down-to-earth, easy-to-understand English (or whatever language you are speaking).
Simply put, the world is rapidly changing and technology has made a grand entrance into the court room. We are all adjusting to technology and learning how to accept it and its ability to help law enforcement keep our streets safe.
Article Source: [http://EzineArticles.com/?Video-Aids-Law-Enforcement-in-UK&id=6609456] Video Aids Law Enforcement in UK

Motive and Opportunity: Are They Necessary to Prove Murder?

By [http://ezinearticles.com/?expert=Blythe_J_Leszkay]Blythe J Leszkay
When someone is charged with murder, it is often heard that they had "the motive and the opportunity" to commit the crime. The prosecuting attorney may use this argument in court. If the case is reported, the media will undoubtedly echo those words. The defense may argue an absence of motive or opportunity as part of its defense. But are motive and opportunity required to convict?
Every crime has what are called elements. The elements of the crime are what must be proven to find the defendant guilty. For example, to convict a defendant of murder, the prosecution must prove the defendant killed the victim, and that he did it with malice aforethought. Malice basically means having an intent to kill.
Neither motive nor opportunity to commit the crime is required to prove the defendant guilty. So why are these words so commonly uttered at trial?
Motive is why the defendant killed. Money and sex are common motives. A recently-purchased life insurance policy, or jealousy over an affair are potentially strong motives, for example.
If the defendant had a motive to kill the victim, such evidence is relevant to prove that he did in fact kill the victim. The defense may point to others who also had possible motives. Or they may argue the defendant's motive was not sufficient to drive him to kill.
Even though it is not required to prove the defendant guilty, motive is often heavily debated at trial. That's because people have a strong need to know why. And in our jury system, people are the ones deciding guilt.
Killing is an extreme act, generally seen as outside the norm of human behavior. It is natural for a jury to want to know why someone would commit such an act. It is also natural for jurors to want to hear a good reason before they feel comfortable convicting someone of murder, potentially sentencing him to life in prison, or even death.
Opportunity to commit the crime is a little more obvious. Opportunity is also a basic thing that people want to see prove, even though it is not required.
Was the defendant in the area where the crime occurred? Was he familiar with the area? Did he have transportation, if necessary? Was there no alibi to verify the defendant was elsewhere? Or if the defendant did have an alibi, was it an alibi that could be challenged?
Although these questions are not technically required to be answered to prove a defendant guilty, they are things that any jury would want to know. The prosecution should therefore answer those questions if it wants to secure a conviction. And the defense would benefit from keeping such questions active in the jury's mind, if possible, raising doubt about whether the defendant could have committed the crime.
The questions of motive and opportunity show that criminal trials are often about something more than strictly determining whether the prosecution has proven the elements of the crime. They are also about answering the very human questions of why people commit crimes.
You have permission to publish this article electronically or in print, free of charge, as long as the bylines are included and all links remain active. A courtesy copy of your publication would be appreciated.
By: Blythe J. Leszkay  [mailto:CriminalLawConsulting@gmail.com]CriminalLawConsulting@gmail.com
Blythe is an experienced and successful criminal attorney and expert consultant with Criminal Law Consulting. She consults with and educates writers and filmmakers about criminal law issues in their projects. She provides simple criminal law information at [http://www.CriminalLawConsulting.com]http://www.CriminalLawConsulting.com.
Article Source: [http://EzineArticles.com/?Motive-and-Opportunity:-Are-They-Necessary-to-Prove-Murder?&id=6652179] Motive and Opportunity: Are They Necessary to Prove Murder?

The Facts on Drunk Driving Insurance and Rates

By [http://ezinearticles.com/?expert=Ronald_Richer]Ronald Richer
Driving under the influence (DUI) is never a good idea. Drunk driving is one of the leading causes of automobile crashes and the number one cause of death amongst drivers, passengers, and pedestrians. Not only will such an incident impact your life and the lives of others in a negative way, but it will also result in an increase in drunk driving insurance premiums. Canada has strict rules against drunk driving.
If you have ever considered, at one time or another, getting behind the wheel drunk, then these facts should sober you up.
The aftermath of a DUI charge could entail a substantial fine and criminal charges that will stay on your permanent driving record for three years after conviction, as well as facing the possibility of probation.
Drunk driving insurance premiums will significantly increase once you are placed into the "high risk" category. They may double or even triple for the first year and then remain at a higher rate for the next 3 to 6 years.
If you have a blood alcohol level of 0.08 or over, you will likely face criminal charges. Not only will your license be suspended immediately for 90 days (depending on whether it is a first time or repeat offense), but you could also be given jail time.
Add on the fees for legal representation, and the potential need to take time off work, and you may find yourself in debt for thousands of dollars.

Minimum Sentences
First Offense:  $1,000 fine and a 12-month suspended license
Second Offense:  30 day jail sentence and 24-month suspended license
Third Offence:  120 day jail sentence and a 36-month suspended license
Treatment Programs
Depending on the gravity of the offense and the rules of your province of residence, you may be required to take an alcohol education and treatment program. In some cases, an Ignition Interlock device may be installed in your vehicle, which prevents the motor from starting if your blood alcohol level is more than the set limit. This device necessitates that you give breath samples at set times, when you are in the car. If you do not comply, an alarm will sound until you turn the ignition off. This handy device costs about $125 for installation and involves a monthly maintenance fee as well.
DUI and Drunk Driving Insurance Rates
Having a DUI on your record will negatively affect your insurance. Even if you are not convicted, insurance companies will be examining your records in order to set your drunk driving insurance rate, doubling or tripling them for up to the next 6 years. Some insurance providers might even rate you as an assigned risk, while others may cancel your policy outright, leaving you without insurance protection.
Liability
If you get into an accident because of drunk driving, you can be held liable for automobile damages to your own car and to any other involved parties. If anyone is injured in the accident, you can be held responsible for personal injury and may face a suit. You might be forced to pay the medical bills of the injured person(s), which can lead to another day in court if you are being sued for additional damages. You will need legal representation; lawyer fees are costly.
Drunk Driving Insurance Renewal
When comes time to renew your automobile insurance, you will have to start from scratch, having to show a flawless driving record. Insurance companies will go back three years in your file, which must indicate that you are absolutely clean in the eyes of the law - no speeding tickets or traffic violations of any type, otherwise your drunk driving insurance rate will be substantial. In order to return to your pre-DUI status and get lower rates, your record has to be clean for as long as 6 years after the incident.
There are hefty sanctions against drivers foolish enough to drink and drive, so before you get behind the wheel of a car intoxicated, ponder the potential consequences of your action. In the long run, drunk driving can cost you more than you can afford.
Ronald Richer offers helpful tips for those associated with drunk driving. [http://www.drunk-driving-defence.com/]Drunk Driving Defence provides free information on DUI related issues.
Article Source: [http://EzineArticles.com/?The-Facts-on-Drunk-Driving-Insurance-and-Rates&id=6655076] The Facts on Drunk Driving Insurance and Rates

Is The California Bail System Working?

By [http://ezinearticles.com/?expert=Tonya_Page-Rynerson]Tonya Page-Rynerson
With the California jail system being overloaded, many are debating whether or not the current bail system is working. California's elected officials are facing a $26-billion budget gap and according to Jail Resources, a half a million people nationwide are unable to post bail for the reason being that they just do not have the financial means. However, the bail system is what holds people accountable for showing up to court.
Pretrial Release
Many believe the overcrowded jail problem is a direct result of many cases alike. Those charged with minor offenses and low bail amounts end up remaining in custody until he or she is seen by the judge, simply because they cannot afford the required 10% bondsman fee in order to bail out.
As a solution, some are proposing a process known as "pretrial release" for those that are unable to afford bail, which will allow the persons to be released until trial. This raises many questions and concerns, and some say that the inmates should not be classified by who can and cannot afford to post bail.
Why The Bail System Works
The opposition to the "pretrial release" proposal points heavily to bail statistics. One statistic in particular shows that the level of accountability for a person out on bail is much greater versus the person who is out on an unsecured release with a promise to appear. In fact, twice as many people who are out on an unsecured release fail to appear in comparison to those who are released on bail.
Furthermore, the person who is out on bail has the signer of the bail bond contract (known as the indemnitor) and the bondsman who both have legal and financial interest, making sure the defendant appears as promised.
In addition, studies are finding that the current bail system is working. Released in January, 2011 a study by the U.S. Department of Justice, states that the overall jail population was on a decline as a result of "commercial bail" (which is referring to bail bondsmen).
The   rel=nofollow [http://www.888bailbond.com/bailprocess.html]California bail system works for the same reasons that commercial bail works nation-wide: responsibility and money. When a defendant is released on a bail bond, the "indemnitor" (the person signing the bail bond contract) and the bondsman are both taking responsibility to make certain that the defendant appears in court to face charges. Similarly, both the indemnitor and the bondsman have a financial incentive; if the defendant fails to appear in court, the indemnitor and the bondsman want to return the defendant because they do not want to pay the full bail amount.
The Rynerson family of bondsmen has been providing [http://888bailbond.com]California bail bonds with integrity since 1971. When you need options for bail or to learn about the bail bonds process, contact an expert bail bondsman. Greg Rynerson Bail Bonds serves all jails in California.
Article Source: [http://EzineArticles.com/?Is-The-California-Bail-System-Working?&id=6661034] Is The California Bail System Working?

San Mateo Jail Will Not Be Just Another Cage

By [http://ezinearticles.com/?expert=Tonya_Page-Rynerson]Tonya Page-Rynerson
The new San Mateo County jail planned for Redwood City, California is going to be in a class all to itself. Where many jails are thought to be nothing more than schools for criminals, giving them more skills in the felonious arts, San Mateo is hoping to create an environment that will engender learning of a different caliber.
The new jail, expected to open its doors in October 2014, has an approved budget between $145 million and $160 million.
One of the main goals for the county is to reduce the number of inmates reentering the county corrections system over time. In order to accomplish this goal, San Mateo is looking to promote the success of its inmates once they have served their time.
Among the proposed offerings at the new detention facility are GED classes, resume workshops and computer training, as well as drug and alcohol programs and mental health services. These are all designed to help inmates ease back into society with confidence.
An added twist will be that inmates will also have the opportunity to learn about gardening in the jail's proposed garden, caring for chickens, making lattes in the new kitchen and grooming dogs in the new dog washing station.
Plans for the new facility still need to be finalized but it is expected that it will include a 12,000 square foot kitchen, complete with storage space and nearly $1.8 million in new kitchen equipment.
Gone are the typical jail cells enclosed with bars. The cells in the new detention center will be walls and glass. There will be skylights and temperature-controlled rooms. Walls will be painted with softer colors in order to reduce stress. Rather than having only individual cells, plans call for two- to eight-person cells and a communal area. This is not only more cost-effective but it helps to boost inmate morale too.
Some critics feel that this type of environment is more country-club living than criminal punishment. However, this type of facility will actually be more effective at reducing recidivism rates among inmates. The punishment of a jail sentence is the loss of freedom. Rather than letting inmates languish in a facility with no means to improve themselves, money should be spent on giving them the tools needed to make a better life after their release.
California's current recidivism rate is 70 percent, but Sheriff Greg Munks hopes that the new approach to incarceration could actually drop that rate down to 40 percent for San Mateo County.
The county has had to deal with a $50 million deficit at the beginning of the year, forcing supervisors to cut programs such as substance abuse, basic foster care and mental health assistance. It is feared that the funding for the programs being proposed by the sheriff could also be taken away.
The county will be looking at more unique ways to solve the problem of funding these programs.
The Rynerson family of bondsmen has been providing California bail bonds with integrity since 1971. When you need options for immediate bail information, contact an expert bail bondsman. Greg Rynerson Bail Bonds serves Redwood City, [http://888bailbond.com]Maguire Jail in San Mateo County, and all jails in California.
Article Source: [http://EzineArticles.com/?San-Mateo-Jail-Will-Not-Be-Just-Another-Cage&id=6636892] San Mateo Jail Will Not Be Just Another Cage

Tennessee Ignition Interlock Device Laws

By [http://ezinearticles.com/?expert=Patrick_Stegall]Patrick Stegall
The ignition interlock device is a device that connects a motor vehicle's ignition system to a breath alcohol analyzer and prevents the motor vehicle from starting if the driver's blood alcohol level exceeds the calibrated setting. Currently under Tennessee law, that setting is two-hundredths of one percent (.02) blood alcohol concentration. That means that if the driver's blood alcohol concentration is greater than .02, the device will prevent the motor vehicle from starting. The Tennessee laws regarding ignition interlock devices are in the Tennessee Code Annotated in Title 55, Chapter 10, Part 4.
As of January 1, 2011, Tennessee law requires anyone convicted of a first-offense DUI to install an interlock ignition device under the following circumstances: if the person's blood or breath alcohol concentration was .15 or greater; if the person was accompanied by someone under 18 years of age; if the person was involved in a traffic accident requiring notification and the accident was the proximate result of intoxication; or in certain situations involving violation of the implied consent law (also known as refusal to submit). These penalties are laid out in Tennessee Code Annotated 55-10-403 and 55-10-412.
A person convicted of a second offense DUI in Tennessee will also be required to install an ignition interlock device. For second offenders the device must be installed during the period of license suspension, which is two years long (additionally, the individual cannot apply for a restricted license during the first year, and thus may not drive at all during that time). If the first DUI offense was within five years of the second offense, the driver must keep the device on their vehicle for an additional six months after the license revocation period has ended.
In addition to mandatory installation of the ignition interlock device, there may also be situations where the judge orders installation. In these situations the law does not require the device to be installed, but the judge may order it based on his or her own discretion. If the judge does order the device to be installed, the device may be ordered to remain on the vehicle for up to a year after the offender's license revocation period has ended. Thus an individual who has an ignition interlock device installed by the judge's order may have to keep the device on longer than if the law requires the device to be installed. If you are facing a DUI in Memphis, your case will be heard downtown at 201 Poplar Avenue. Some of the judges in Memphis courts are known to order ignition interlock devices.
Finally, an individual may request to have an ignition interlock device installed on their vehicle. If he or she does, then the geographic restrictions of the restricted driver's license are lifted. However, they must pay for the device themselves. If an individual is ordered to install the device, he or she is eligible to have the costs paid from the state's Interlock Assistance Fund.
Patrick Stegall is a [http://stegall-law.com/Memphis_DUI_DWI_Lawyer_%7C_Shelby_County_DWI_Defense_%7C_Arrested_for_DUI_in_Jericho_TN.html]Memphis DUI lawyer. Mr. Stegall helps individuals charged with drunk driving to review their case, find weaknesses in the state's evidence, and get the best outcome possible. If you have been arrested for DUI in the Memphis area, please visit him online at http://www.stegall-law.com for more information.
Article Source: [http://EzineArticles.com/?Tennessee-Ignition-Interlock-Device-Laws&id=6441723] Tennessee Ignition Interlock Device Laws

What Is United States Anti-Trust Law?

By [http://ezinearticles.com/?expert=Christopher_Morales]Christopher Morales
Although the term "antitrust law" may sound complex, it's simply a way of referring to the body of law that prohibits anti-competitive behavior (a monopoly) or unfair business practices. The purpose of these laws it to promote competition and protect consumers.
There are three core federal antitrust laws. In 1890, Congress passed the first antitrust law, the Sherman Act. In 1914, Congress passed two additional antitrust laws, the Federal Trade Commission Act (creating the FTC), and the Clayton Act.
The Sherman Act
The Sherman Act forms the foundation for most federal antitrust law. The Act outlaws "every contract, combination... or conspiracy in restraint of trade," and any monopolization, attempted monopolization, or conspiracy or combination to monopolize. The United States Supreme Court has held that the Sherman Act does not prohibit every restraint of trade; instead it only prohibits those that are unreasonable. The most frequent violations of the Act are price fixing and bid rigging, both of which are usually prosecuted as criminal violations.
The Federal Trade Commission Act
The Federal Trade Commission Act prohibits "unfair methods of competition" and "unfair or deceptive acts or practices." The Act also created the Federal Trade Commission to police violations of the Act. The Act carries no criminal penalties.
The Clayton Act
The Clayton Act prohibits mergers or acquisitions that are likely to lessen competition, and other business practices that are likely to lessen competition. The Clayton Act is a civil statute, meaning there are no criminal penalties under the Act.
Criminal Penalties
If an individual or business violates the Sherman Act they may be prosecuted in federal court. The Department of Justice alone is empowered to bring criminal prosecutions under the Act.
The criminal penalties for violations under the Act can be up to $100 million for a corporation and $1 million for an individual, as well as a maximum of ten years in prison. Additionally, under federal law the maximum fine may be increased to twice the amount the conspirators gained from the illegal acts or twice the money lost by the victims of the crime, if either of those amounts is over $100 million.
In order to be convicted under the Sherman Act, the government has to satisfy certain elements. For there to be a violation of Section 1, there are three elements the government must prove:
(1) An agreement
(2) which unreasonably restrains competition, and
(3) which affects interstate commerce.
A Section 2 violation under the Sherman Act has two elements:
(1) The possession of monopoly power in the relevant market, and
(2) the willful acquisition or maintenance of that power as distinguished from growth or development as a consequence of a superior product, business acumen, or historic accident.
As with most federal crimes, the elements are very vague. Such vagueness allows U.S. Attorneys to liberally charge for violations of the statute. For example, under Section 1 there doesn't necessarily have to be a verbal agreement, the agreement could be inferred from the parties' conduct.
There has been a drastic increase in the number of individuals the U.S. Government is charging under the Sherman Act and an increase in the sentences that are being imposed. In 2004, the U.S. Sentencing Guidelines were revised and penalties for antitrust violations increased. In 2010, 78 defendants were sentenced to jail time under the Sherman Act for a total of 26,046 total days to be served. In 2000, 38 individuals were charged under the act and only served a total of 5,584 days in jail.
It should also be noted that whenever possible, the Department of Justice will prosecute and seek extradition of fugitive antitrust defendants. Historically, the Department of Justice could not even threaten extradition in criminal antitrust cases since the U.S. and Canada were the only jurisdictions that considered price-fixing to be a crime. [9] However, since 2010, the Department of Justice Antitrust Division has been successful in its efforts to have foreign nationals extradited to the United States for prosecution for antitrust violations. This change in extradition has come because more jurisdictions are criminalizing price-fixing.
Immigration Consequences
Many times the immigration consequences for an antitrust conviction are more severe than the criminal punishment. The U.S. Justice Department has a policy that treats violations of the Sherman Act as "crimes involving moral turpitude," subjecting foreign executives to exclusion or deportation from the U.S. This policy is the called the "Memorandum of Understanding" (also known as ""MoU") that is between the Antitrust Division of the Department of Justice and the Immigration and Customs Enforcement Division of the Department of Homeland Security. MoU specifically says it "[C]onsiders criminal violation of the Sherman Act... to be crimes involving moral turpitude, which may subject an alien to exclusion or deportation from the United States."
Of interest is that most antitrust convictions are obtained against non-U.S. executives - and every one of these convictions but one has been by plea agreement rather than trial. The reason these non-U.S. executives plead guilty is not because of the strength of the Government's case, but rather the threat of a U.S. travel ban. The 15-year minimum ban on travel to the United as a result of the MoU can be devastating to many foreign executives' careers. This gives the Department of Justice leverage in securing guilty pleas. The MoU is included in nearly every plea agreement whereby the government will grant an exemption from travel restrictions to foreign executives in exchange for a guilty plea.
The pressure to plead guilty due to immigration consequences is depriving these non-U.S. executives of their right to a trial. Even in cases where the government lacks evidence they are still obtaining pleas of guilty from these executives. Since the majority of their cases end in a guilty plea, most U.S. Attorneys in the anti-trust division lack trial experience. In most cases, instead of pleading guilty these defendants should retain experienced trial attorneys to take their case to trial to obtain a not guilty verdict.
Leniency Program
According to the Department of Justice, its Antitrust Division's Leniency Program is its most important investigative tool for detecting antitrust violations. If an individual or corporation reports the antitrust violation and cooperates with the investigation they can avoid criminal conviction, fines, and prison sentences if all the requirements of the program are met.
To be eligible for the leniency program, the individual or corporation must
(1) have taken prompt and effective action to terminate its participation in the anticompetitive activity being reported upon discovery of the activity; and
(2) did not coerce any other party to participate in the anticompetitive activity being reported and was not the leader in, or the originator of, the activity.
The applicant bears the burden of proving he or she is eligible to receive leniency. The applicant must also agree to provide full, continuing and complete cooperation with the Antitrust Division in connection with the anticompetitive activity being reported. This includes providing a full exposition of all facts known to the applicant relating to the anticompetitive activity, and providing all documents, information and other materials relating to the conduct.
If the applicant meets the requirements of the program, the Antitrust Division agrees to not bring any criminal prosecution against the applicant for any act or offense committed prior to the date of the agreement in connection with the anticompetitive behavior being reported.
The problem with the leniency program is that even if the applicant is eligible for the program and agrees to cooperate, the Antitrust Division only has to agree "conditionally" to accept the applicant into the leniency program. This means the division may revoke the leniency at any time (even after the applicant has already given the Antitrust Division incriminating statements and documents). Also, the leniency only relates to the antitrust conduct being reported, thus the applicant could still be charged for unrelated antitrust violations.
Chris Morales is a Board Certified Specialist in Criminal Law. This means that he has been evaluated by the State Bar of California who have interviewed Judges, Prosecutors and other attorneys about his work. This evaluation determined that he is the Best of the Best. Mr. Morales has also received the highest rating from Avvo.com, the Better Business Bureau and has a Triple A rating from Attorney Search Network.
He has been practicing Criminal Defense for 20 years in the San Francisco Bay Area. He handles all Federal and State Criminal Cases including:DUI, Thefts, Drugs, White Collar Crimes, Sex Offenses and Murder cases. He has won the respect of attorneys and judges alike for his tenacious and intelligent defense of his clients.
Article Source: [http://EzineArticles.com/?What-Is-United-States-Anti-Trust-Law?&id=6661220] What Is United States Anti-Trust Law?

How to Get Your DUI Record Expunged

By [http://ezinearticles.com/?expert=David_Laurent_Guffroy]David Laurent Guffroy
After you are arrested for driving under the influence, or if you have been convicted of a crime, you may qualify to have your criminal record expunged or sealed. Some legal professionals call expungement a setting aside. This means that, when a new landlord, educational institution or employer checks your criminal history, nothing shows up. When you are filling out applications for employment, admission to college or to rent a home, you don't have to include that information. For persons who were arrested or convicted of underage DUI, this can help them move forward from the actions of their youth as they work to gain a fresh start on their lives.
Just because you are able to get an arrest or conviction sealed does not mean that it will never be seen again. Law enforcement, criminal courts and some government agencies can still get a copy of your record. When this happens, your criminal history is only considered to be under seal, not completely expunged.
To be eligible to apply for an expungement of your criminal record, your situation must fall under several categories.
These factors include how much time has passed since you were arrested or convicted and your entire criminal history, including arrests or convictions in other jurisdictions. The final factor is the nature of the crime for which you are seeking expungement. If you want to get a DUI or a shoplifting conviction sealed, this will be easier than getting a sex offense or an attempted murder conviction sealed. The final category that affects your ability to get your record expunged touches on any other crimes you may have committed. Again, more serious crimes will make it harder for you to get an expungement.
The expungement procedure requires that you must actively work to get the paperwork to the district attorney. It does not happen automatically once your probation or parole has been satisfied. You may also be required to fill out the application for expungement yourself or deliver the paperwork. After all of this, you need to take the completed and signed petition to the correct court. In addition, you may be required to pay a filing fee to the court. Once all of these steps have been completed, the court where you filed the paperwork schedules an expungement hearing. Even when you have jumped through all of these hoops, you don't know whether your criminal history is going to be expunged because the judge has to take all of the above factors into consideration before he makes up his mind. The judge may consider your motivation in completing the process, but he still has to look at the nature of the crime for which you are requesting expungement.
Should you commit another crime, the court can legally look at your past criminal history and use that as a basis for sentencing you for the new crime. An immigration attorney can also pull up your past criminal history when he petitions to have you deported back to your country of birth. He is legally able to present the evidence of your past crime or crimes to the immigration judge as proof that you should not be allowed to remain in the United States.
QuestionsAttorney.com is an online law information site and delivers unbiased articles, analysis and other developments of the legal landscape. Read more about [http://QuestionsAttorney.com/]Dui Attorney.
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What Exactly Is A Criminal Defense Attorney?

By [http://ezinearticles.com/?expert=Chris_D_Dreyer]Chris D Dreyer
It is an attorney that handles the defense of a company or an individual who has been involved in a criminal charge. A public defender is a criminal defense lawyer that has been appointed to a jurisdiction. Not all states have the same method for choosing public defenders some rotate from individual firm to firm.
These lawyers will look at all past events that revolve around the criminal charge. They will look at the investigation, why the individual or company was arrested, and all facts surrounding the arrest. Just because someone is arrested does not mean they actually did the crime. It just means there was enough reasonable evidence that the individual committed the time. A criminal case will be the determining factor of whether or not the individual will face criminal charges. A criminal defense lawyer is who you would contact to prevent these actual charges. They will investigate your case and do their best to defend you in the court of law trying to prevent charges from the persecutor.
Below is a list of practice areas for most criminal defense lawyers:
Sex Offenses - prostitution, rape, sexual assault, etc.
DWI/DUI - driving while intoxicated, driving under the influence, cases involving alcohol level, etc.
Violent Crimes - manslaughter, assault & battery, kidnapping, theft, domestic violence, etc.
Drug Offenses - possession, cultivation, transportation, etc.
Traffic Offenses - driving on suspended license, DWI, DUI, etc.
Alcohol Related - DUI, DWI, disorderly conduct, drunk in public, etc.
White Collar Crimes - bribery, extortion, forgery, perjury, embezzlement, etc.
Federal Crimes - crimes with federal charges.
Property Crimes - arson, burglary, computer crime, identity theft, credit card theft, etc.
Crimes Against Children - child abuse, computer solicitation, child pornography, etc.
Juvenile Crimes - criminal charges against juveniles.
In the United States you are innocent until proven guilty. You will be determined in a court of law your innocence or guilt. A criminal defense lawyer does not have to determine if a client was innocent or guilty, only that the correct laws were followed against the accused. Many attorneys offer free consultations and you can see for yourself if an attorney is right for you.
Criminal charges are something that can stick with you and hurt your chance of future employment and are often difficult to get wiped clean off your record. Because of this you should get a highly experienced and qualified criminal attorney even for the most minor to major charges.
If you are in need of a [http://www.lozanolaw.com/]St Louis criminal defense lawyer in Missouri click on the highlighted link.
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What to Do If You Are Charged With Spousal Rape

By [http://ezinearticles.com/?expert=Jason_J_J]Jason J J
Many people believe that it is not possible to rape your spouse. In fact, as recently as 20 years ago, it was impossible to rape a person whom you were married to, and some states still have legislation which puts marital rape in a separate category than non-marital rape (such as harsher reporting requirements or not allowing certain categories of rape to apply to marital rape). However, the law is increasingly recognizing that sex without consent is rape, even if the partners are married. Thus, a rape attorney who keeps track of the changes in the law is vital for anyone who is accused of rape.
There are many common myths that make people think that marital rape is not "real" rape. Most commonly, people believe that sex is an inherent part of marriage. Therefore, many people assume that a married couple is in a state of constant consent to sex with each other. However, this is untrue. Rape is now seen as a crime of power and control, not a crime of sex. Therefore, the sexual nature of a marriage simply doesn't apply. Bottom line: to press on after one partner has made their "no" clear is not sex-it is legally defined as rape, regardless of whether the couple is married or not.
The second reason that some people do not conceive of marital rape as real rape is that they have a good marriage and cannot conceive that their partner would not want to have sex with them. It is wonderful when people are in happy marriages; however, other marriages are abusive-physically, emotionally, or sexually. Marriage does not automatically make two people loving and respectful partners. People who feel entitled to or desire to control their partner's sexuality will continue to do so, even once the marriage vows have been taken.
The lack of awareness of the existence of spousal rape has created a new set of people who may be accused of rape and not even aware that it was possible. Being falsely accused of a crime you didn't know existed may blindside you. If you have been falsely accused of spousal rape, hire a competent sex crimes attorney. A rape attorney who understands the law around spousal rape may be able to create a defense showing that there is reasonable doubt about whether the sex was consensual.
The elements of marital rape can be proven on testimony alone. No other independent evidence is needed to prove guilt of the offender.
Florida Sex Crimes Attorneys is a full service law practice that is highly focused in sex crimes criminal defense in Florida. With eight offices throughout the state of Florida, we can accommodate our clients anywhere at any time.
The founding partners of The Florida Sex Crimes Defense lawyers are former nominees for State and Federal office. Joining them include former Florida State Prosecutors, retired military and a retired New York City Police Officer. Full time paralegals, legal assistants, administrative staff, private investigators and experts complete this firm. Our lawyers and staff work towards exceeding our clients' expectations and needs.
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Understanding the Different 'Standards of Proof' For Criminal Cases

By [http://ezinearticles.com/?expert=Moseley_M_Matheson]Moseley M Matheson
When someone is brought into the United States Criminal Justice System, they've entered a world of legal jargon, statute interpretations, and court proceedings. For most people, with the exception of perhaps traffic cases, their first experience with the criminal just system is their first and their last. The whole process is time-consuming, financially burdensome and emotionally draining. The reason most people choose to hire, or have appointed, a Criminal Attorney is to help them navigate this difficult process. One of the things which will come into play in any criminal case, and which a good criminal attorney will explore, are the various levels of 'Standards of Proof' which the State must have at different times of your case. Below, this article will address the three main levels which are paramount for the State to ultimately achieve a conviction for a criminal offense.
First, 'Standard of Proof refers to the level of proof the State must have to 'act.' This 'act' includes the stop, the arrest and ultimately the conviction. The 'Proof' is an evaluation of the facts and/or evidence and whether they meet the 'standard' set forth by statute and the Constitution, and interpreted by caselaw. Stated more clearly, the standard is set by the laws of the State, Federal Government and the Constitution. The interpretation of those laws as to how they apply to individual cases has been fleshed out through various prior cases where Defense Attorneys challenging some part of the States case. The ruling on those prior cases has set 'precedent,' or guidelines, as to how future Judges should handle similar challenges; this is known as 'caselaw.'
The first Standard of Proof that must be met is 'Reasonable Suspicion.' This is the lowest standard the State is required to meet. This standard comes in when a Police Officer is deciding whether to stop and/or detain an individual on suspicion that they have committed a crime. Reasonable Suspicion is basically and reasonable belief that a crime has been committed. An Example might be two individuals in an area known for drug activity secretly exchanging something in their hands. An Officer observing this might believe it was a drug sale and has reasonable suspicion such that they can approach and temporarily detain the individuals to ascertain whether a crime is being committed. Though this is a low standard, it is not impossible to beat. Many cases have been won when a Defense Attorney successfully argued that the Officer did not have any reasonable suspicion to allow them to detain the Defendant.
The next Standard of Proof is 'Probable Cause.' A Police Officer must have Probable Cause in order to arrest an individual. Probable Cause is a belief that is more probable then not that they individual committed the crime for which they are being arrested. In the same drug exchange example from above, if one individual is found with drugs, and the other individual has cash, the Officer obviously has probable cause of the Defendant with the Drugs to arrest him for Drug Possession, but the Officer likely also has Probable Cause to arrest the Defendant with the cash for the Sale of Narcotics. This Standard is a stronger standard then reasonable suspicion, but it is still fairly low. The Officer can have doubts about his arrest, so long as he still feels it is still more probable then not that the crime was committed by the Defendant.
The last Standard of Proof is 'Beyond a Reasonable Doubt.' Most everyone is familiar with this Standard from what they've heard about criminal trials. A Defendant cannot be convicted of a crime unless the State has proven their case 'beyond a reasonable doubt.' This is the highest standard the State must meet; and rightfully so as a conviction carries with it many consequences, so the State had better be absolutely sure in their convictions. In order to prove a case beyond a reasonable doubt, the State must have convinced the 'trier of fact' (which would be either a Judge or a Jury) that the Defendant is guilty of the crime they are charged with beyond any doubt which would be reasonable. A reasonable doubt in the drug exchange example might be that the Defendant with the Drugs had them the whole time and the other Defendant was just a friend who he was greeting with a hand shake. An unreasonable doubt in the same example might be that someone planted the drugs on the Defendant prior to the Officer observing him and without the knowledge of the Defendant.
As you can see, at each stage of a criminal conviction, the State must meet a higher standard of proof then the one before. Leading up to the highest standard before a Defendant can be convicted. Knowing the difference between these, and how they are applied may mean the difference between a conviction and a dismissal or a finding of not-guilty.
For information regarding your specific criminal case, speak with a local criminal defense attorney.
As a [http://mathesonlawoffice.com/]Durham Criminal Lawyer and [http://raleighdwiattorney.blogspot.com/]Raleigh DWI Attorney, I have had many and varied experiences in the world of Criminal Justice. I have experience on both sides of the 'isle,' as I have been both a  Criminal Defense Attorney  as well as an  Assistant District Attorney.
Early in my days at North Carolina Central University School of Law, I developed an interested in Criminal Law. Specifically, how the system relies on the majority of the public not having a well rounded understanding of the laws and the Justice System used to enforce them. For that reason, I have pursued my interested into a career as a Criminal Defense Attorney working out of Raleigh, North Carolina. I opened my own law firm, Matheson Law Office, with the intention of being one of Raleigh's top Criminal Defense Attorneys.
Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.
Article Source: [http://EzineArticles.com/?Understanding-the-Different-Standards-of-Proof-For-Criminal-Cases&id=6670929] Understanding the Different 'Standards of Proof' For Criminal Cases

Children and Drunk Driving

By [http://ezinearticles.com/?expert=Trent_R_Buckallew]Trent R Buckallew
DUI violations are taken very seriously in the State of Arizona. However, when there are children involved, it becomes much worse. Whether there was injury as a result or not, people charged with DUI involving children could be convicted of endangerment or aggravated DUI. Two examples of DUI cases that involved children in the Phoenix area include:
F.G. has been arrested and booked into jail for driving under the influence of alcohol with three children in the vehicle. At about 1.50 am on October 30th, a witness called 911 after they saw the thirty-year-old driving 80mph in a 45mph zone. According to reports, the driver had bloodshot and watery eyes and smelled strongly of alcohol. In the back of the vehicle were F.G.'s three stepchildren, aged seven, three, and twenty-two months. Two of these children were in car seats but they were not secured by seat belts. Police administered field sobriety tests which he did not pass. When they had him breath into a breathalyzer, he registered at 0.087%, over the legal limit in Arizona. F.G. has been charged with three counts of aggravated DUI with a passenger under fifteen, as well as three counts of endangerment.
Earlier last month in Phoenix, a woman suspected of drunk driving was involved in an accident that killed one and badly injured three more. E. E., a thirty-year-old female, was arrested on one count of manslaughter and three counts of aggravated assault. The victim was a twenty-seven-year-old mother who had two young children in the backseat of the car. The two-year-old boy was said to be in critical condition, and the five-year-old girl was in a serious condition. The accident allegedly happened when E.E. ran a red light and collided with a car making a left turn.
If you or a loved one has been charged with of any type of DUI, you could be facing serious consequences. Penalties can include community service, alcohol counseling, jail or prison time, steep fines, and a suspended license. A DUI attorney can examine your case if you have been arrested for DUI with injury, DUI with drugs, aggravated DUI, extreme DUI, or underage DUI. If there is a minor in your vehicle who is under the age of fifteen or if it is your third DUI within a 7 year period, you could be charged with aggravated DUI. To learn more about your specific case, contact a legal professional as soon as possible.
With over twelve years of experience, the Law Offices of Trent R. Buckallew, PC has the skill and experience necessary to defend individuals accused of DUI. As members of the State Bar of Arizona and the National College for DUI Defense, you can be confident that their team has what it takes to get your charges reduced or dropped. A [http://www.arizonaduidefenselawfirm.com/]Mesa DUI attorney has experience in every aspect of DUI cases, including: breath & blood tests, DUI penalties, field sobriety tests, MVD hearings, and more. Contact a Mesa DUI attorney from their firm by calling (480) 630-2480 or visiting [http://www.ArizonaDUIDefenseLawFirm.com]http://www.ArizonaDUIDefenseLawFirm.com.
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How To Fight a DUI Arrest

By [http://ezinearticles.com/?expert=Patrick_Stegall]Patrick Stegall
Being charged with drunk driving is a serious criminal matter. Defendants will be looking at mandatory jail time, fines, loss of license, and a permanent conviction on their record. Because of these consequences it is important to review the facts for any weaknesses in the state's case. The following are some ways in which a DUI arrest can be challenged.
The stop: All drunk driving cases begin with a vehicle stop. In order to make this stop, the police must have reasonable suspicion that the driver committed a violation of the law. This has nothing to do with drunk driving; it is usually based on a minor traffic offense such as speeding, weaving, or rolling through a stop sign. While the officer may suspect driving under the influence and will use the stop as a way to talk to and observe the driver, he or she must have a reason to pull a driver over based on a specific traffic violation. If not, the evidence may be inadmissible and the case dismissed. Particular attention should be paid to cases where the arresting officer received an anonymous tip about a driver.
The arrest: In order to make an arrest for driving under the influence, the officer must have probable cause. Probable cause in a DUI case is generally developed from the officer's observations of the driver, and may include slurred speech, bloodshot, watery eyes, and an odor of alcohol. The officer may also claim that the driver performed poorly in standardized field sobriety tests. In challenging a DUI arrest, the police reports should be scrutinized to see how exactly probable cause for the arrest was developed. Also, if field sobriety tests were administered and recorded, the video should be watched. If the driver does not appear intoxicated in the video, and performs the tests well, this could be used to refute intoxication.
The element of "under the influence": In order to convict, the state must be able to prove beyond a reasonable doubt that the driver was operating the motor vehicle while under the influence. This usually amounts to just the arresting officer's observations of the defendant, along with chemical test results if available. Because much of the state's case could be simply an opinion, this proof should be scrutinized carefully and challenged for any weaknesses. For instance, if a video of the standardized field sobriety tests shows the driver standing and appearing normally, without any effects of intoxication, that raises doubt as to whether the driver was under the influence. Additionally, if the driver submitted to a breathalyzer test, the results should be scrutinized to see if the test was improperly administered or if the machine was not calibrated correctly.
An individual charged with driving under the influence should not simply plead guilty without looking into the case. An experienced DUI defense lawyer should be retained to review all the facts and circumstances. The lawyer should look into how the stop was made, how probable cause to arrest was developed, and whether the state can prove the element of under the influence. If there are weaknesses or potential illegalities in any of these areas, the DUI charge may be successfully fought.
Patrick Stegall is a [http://stegall-law.com/Memphis_DUI_DWI_Lawyer_%7C_Shelby_County_DWI_Defense_%7C_Arrested_for_DUI_in_Jericho_TN.html]Memphis DUI lawyer. If you have been charged with driving under the influence in the Memphis area, Mr. Stegall can review your case, advise you of your options, and fight to have the charge dismissed or reduced. He is a criminal defense lawyer who specializes in personal service and is dedicated to his clients' cases. For more information, please visit him online at [http://www.stegall-law.com]http://www.stegall-law.com.
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What Is a DUII?

By [http://ezinearticles.com/?expert=Chris_D_Dreyer]Chris D Dreyer
In Oregon, driving under the influence of intoxicants is identified in short by "DUII". It is the only terms used to identify all cases that deal with any type of intoxicants whether it be alcohol or other drugs. There are many ways to be convicted of a DUII.
A person in Oregon is under the influence of intoxicants from the following three ways:
If you have a .08% blood alcohol level. If you are under the influence of alcohol, controlled substances, or other devices used to get intoxicated. If there is any combination of the top two.
Even if you have under the .08% blood alcohol some charges can still show up on yoru record or lead to penalties or fines. If you have problems operating a vehicle even a bicycle that is noticeable then you could still be convicted of DUII.
Common identifiers police use to convict someone of DUII even if they have not taken a blood alcohol breathalyzer test:
Bloodshot eyes - If your eyes are red or glossy. Speech that is slurred - If the police officer cannot understand you or your speech is impaired. Alcohol smell - If there is a smell of alcohol present on the individual or in the vehicle.
They can use any of these to try and convict you of a DUII. So forget what you have heard before about not taking the breathalyzer test. You can still be convicted of DUII. Because these cases can be so subjective to the beholder you need a good lawyer to protect you from getting wrongfully convicted of a DUII charge.
If you feel you have been wrongfully convicted maybe you just were tired or the police following you were making you nervous. Maybe you dropped something in your car or your car navigation took you somewhere you were unfamiliar with. These examples could all cause you to make mistakes on the road but just because you made them does not necessarily mean you were under the influence of intoxicants.
Search for criminal defense lawyers and DUII lawyers in your area. There are other lawyers who can help you with your case but these attorneys deal with these cases on a regular basis and will have more expertise in the area than most general practicing attorneys. They may have had a case similar to yours in the past and will know exactly how to fight against the charge against you.
If you feel you have been wrongfully convicted of a DUII charge contact a [http://www.pdxduiguide.com/]Portland Oregon DUII lawyer. [http://pdxlegalservices.com/]Portland criminal defense lawyers are standing by to take on your case.
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Criminal Trials: The Difference Between a Bench Trial and a Jury Trial

By [http://ezinearticles.com/?expert=Moseley_M_Matheson]Moseley M Matheson
Anyone who has any familiarity with the United States Criminal Justice System and more importantly Criminal Trials knows that trials can be had either by a Judge or a Jury. In this context, the Judge and the Jury are what are known as the 'Trier of Facts;' which means they are the ones which judge the merits of the case. Having a case heard by a Jury, or by a Judge (called a Bench Trial) can affect the outcome of a Defendant's case. It is always good to explore what options you have as a Criminal Defendant with your Criminal Attorney. Going over the pros and cons of both a Jury Trial and a Bench Trial will help you make a determination as to which one will best serve your needs when taking your case to trial.
First to be covered in this article will be a Bench Trial. A Bench Trial, or trial by a Judge, is where there is no jury sitting in on the case. The Judge serves two purposes in a Bench Trial. First, the Judge makes determinations and ruling regarding procedural and evidentiary issues of the trial. This means that the Judge will dictate how the case will proceed, make rulings on objections, and deal with any other issues that may arise during the trial, either by the Judge themselves or on the request of the attorneys. The second purpose of the Judge in a Bench Trial is to make an ultimate ruling as to the guilt of the Defendant.
The Judge, who has listened to the evidence, and with an understanding of the law, will make the determination as to whether the State has proven their case 'beyond a reasonable doubt.' If the State succeeds in proving their case, the Judge will find the Defendant guilty and issue a sentence for them based on the Sentencing guidelines of that jurisdiction, as well as possible the criminal history of the Defendant and facts surround the case. If the Judge finds the State did not prove their case beyond a reasonable doubt, the Judge will find the Defendant not guilty. Bench Trials can be a good thing when there is some procedural or evidentiary issue which the case may be won on. If the criminal complaint is flawed, or some action of the Police was prohibited, a Judge will be able to recognize it and, likely upon motion of the Defense Attorney, dismiss the case. A Bench Trial, however, can be bad when the evidence against the defendant is damning and there are no procedural or evidentiary issues with the case. Criminal Judges see these cases day-in and day-out and many do not have the same level of sympathy as a jury member may.
A Jury Trial is a Constitutional Right under the Sixth Amendment of the U.S. Constitution. The right does not apply to 'petty crimes' which have been determined to be those which do not carry with it the possibility of six months or more in prison. The U.S. Supreme Court has held that, in accordance to the Constitution, a jury can contain no less-then six jurors. There is no requirement for a unanimous verdict, though Federal court and some States require it. A Jury trial, as mentioned above, is better suited for handling cases in which the Defendant's case may not be that strong, and the strategy is to have the jury use their sympathy for the Defendant in making their ruling. So, if the Defendant's trial strategy is pleading to the sensibilities, or the heart-strings, of the 'trier of fact,' a Jury Trial will better serve the Defendant. A Judge still sits in on a Jury Trial to handle the procedural and evidentiary issues which may come up.
For help with your criminal case, speak with a local criminal attorney.
As a [http://mathesonlawoffice.com/]Raleigh Criminal Attorney and [http://mathesonlawoffice.com/]Raleigh DWI Attorney, I have had many and varied experiences in the world of Criminal Justice. I have experience on both sides of the 'isle,' as I have been both a  Criminal Defense Attorney  as well as an  Assistant District Attorney.
Early in my days at North Carolina Central University School of Law, I developed an interested in Criminal Law. Specifically, how the system relies on the majority of the public not having a well rounded understanding of the laws and the Justice System used to enforce them. For that reason, I have pursued my interested into a career as a Criminal Defense Attorney working out of Raleigh, North Carolina. I opened my own law firm, Matheson Law Office, with the intention of being one of Raleigh's top Criminal Defense Attorneys.
Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.
Article Source: [http://EzineArticles.com/?Criminal-Trials:-The-Difference-Between-a-Bench-Trial-and-a-Jury-Trial&id=6671342] Criminal Trials: The Difference Between a Bench Trial and a Jury Trial

Trial Procedures: What Is a 'Continuance' And How Does It Work?

By [http://ezinearticles.com/?expert=Moseley_M_Matheson]Moseley M Matheson
In any Criminal Case there are courtroom procedures that take place at each court date. From motions, to discovery, to negotiations, many things can occur before a case is resolved. One of the more common procedures is the 'Continuance.' A continuance is simply a request for a new court date. Though this may seem like a simple concept, in fact it can become complicated in how it is request, whether it is granted, who grants it, why it is granted, and how it can be used to your advantage. The following article will cover this courtroom procedure to better explain this important, though often overlooked, trial function.
First, as mentioned before, a continuance is a request for a new court date regarding that particular case. If granted, the court date is normally set out four to six weeks. A continuance can be granted by the Prosecutor or the Judge, depending on the Jurisdiction. In criminal cases, either the State or the Defendant can request a continuance. If the Defendant is requesting the continuance, this is normally done during at the start of court for that day, during the 'calender call.' The Defendant or their attorney will answer up, when their name is called, by stating "continuance" or "motion" to let the Prosecutor they are requesting a continuance. If the Prosecutor is requesting the continuance, they may request that the Defendant simply consent to it, at which point they will either continue the case themselves or request a Judge to grant the continuance. If the Defendant is requesting the continuance, the Prosecutor may grant their request and enter the continuance themselves, or they may put it in front of the Judge. This will vary by Jurisdiction as some more serious offenses may require a Judge's consent where lower level offenses can be continued by the Prosecutor. The court paperwork should, keep track of who is requesting the continuance so that no party is given an advantage by having 'unlimited' continuances at their disposal.
When a continuance is granted can vary widely. In any given jurisdiction, each side will have a limited number of continuances they are permitted to use. This normally can vary, not only by jurisdiction, but also by Judge. Early on in the case, a continuance will likely be granted for little or no reason other than that party wants more time to prepared. As the case drags out, the Prosecutor (in the case of a Defendant's request for a continuance) or the Judge may want a more specific reason as to why they should grant the continuance. Normally, in these situations, if a witness is not available, or evidence has yet to be procured, the continuance will be granted. As each party starts to use up their continuances, they will get more pressure to resolve the case. Normally, towards the end of that sides continuances, a Judge will have the paperwork marked as "last," meaning that he is granting the continuance that day, but at the next court date, that side better be prepared to resolve the case that day. If both parties have dragged the case out, the Judge may have it marked "Last for All" meaning on the next court date, the case will be plead, tried, or dismissed.
For Criminal Defendants, a continuance can end up working to their benefit. Though no party is permitted to ask for a continuance just to delay the case or to frustrate the criminal justice system, legitimate requests for continuances in order to prepare for the case or to obtain evidence or a witness are permitted. During the delays in the case, the State's witnesses may miss a court date. Since most State witnesses are Police Officers, this could be cause by a relocation, loss of job, quitting, training, etc. If the State loses a key witness to the case, they will have trouble proceeding with the trial. Additionally, even if the witness is still available, their memory of the events may not be as strong as they were immediately after the supposed crime. Again, this article is not advocating delaying a case for the sole purpose of obstructing justice, it is simply observing the fact that delays, inherent in criminal justice, can lead to benefits to the Defendant.
For advice on your particular criminal matter, speak with a local Criminal Attorney.
As a [http://mathesonlawoffice.com/]Raleigh Criminal Attorney and [http://mathesonlawoffice.com/]Raleigh DWI Attorney, I have had many and varied experiences in the world of Criminal Justice. I have experience on both sides of the 'isle,' as I have been both a Criminal Defense Attorney as well as an Assistant District Attorney.
Early in my days at North Carolina Central University School of Law, I developed an interested in Criminal Law. Specifically, how the system relies on the majority of the public not having a well rounded understanding of the laws and the Justice System used to enforce them. For that reason, I have pursued my interested into a career as a Criminal Defense Attorney working out of Raleigh, North Carolina. I opened my own law firm, Matheson Law Office, with the intention of being one of Raleigh's top Criminal Defense Attorneys.
Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.
Article Source: [http://EzineArticles.com/?Trial-Procedures:-What-Is-a-Continuance-And-How-Does-It-Work?&id=6672974] Trial Procedures: What Is a 'Continuance' And How Does It Work?

The Role of a Criminal Defense Lawyer in Today's Time

By [http://ezinearticles.com/?expert=Nick_Deal]Nick Deal
Criminal defense lawyers sometime get a not-so-flattering portrayal because people assume that they defend guilty people. However, if you are a defendant in a criminal proceeding, you need the assistance of a qualified criminal defense lawyer, regardless of your guilt or innocence. As the protectors and advocates of the accused, defense lawyers play a pivotal role in the United States justice system to see that everyone charged with a criminal act has an opportunity to defend themselves.
Defense Lawyers Protect the Rights of the Accused
First and foremost, a criminal defense lawyer's role is to protect the rights of the accused. Upholding your rights under the Bill of Rights as set forth in the United States Constitution, criminal defense lawyers are bound by law to assist their clients by making sure you are treated fairly by the United States criminal justice system. Specifically, your criminal defense lawyer's job is to see that you are allowed:
�The right to a trial by a jury of your peers;
�The right to be presumed innocent until proven guilty "beyond a reasonable doubt";
� The right to a speedy and public trial;
� The right to remain silent;
�The right to be free from unreasonable searches and seizures; and
�The right to legal counsel.
All these rights are guaranteed by the United States Constitution and are applicable to all states through the Fourteenth Amendment as well as United States Supreme Court case opinions. As such, a criminal defense lawyer is obligated to provide clients with protection against the overreach of the government in meting out punishment to any individual accused of a criminal offense. An experienced, qualified lawyer accomplishes this by challenging any government or law enforcement conduct that violates the rights of any United States citizen accused of a crime. Should a criminal defense lawyer fail to make reasonable efforts to protect your rights or provide effective assistance, he/she risks losing his/her license to practice law or other penalties (some of which could include jail time).
Criminal Lawyers Defend the Innocent
The second most important role of a criminal defense attorney is to defend the innocent. We see daily about overturned criminal cases where new evidence verifies the incarceration of an innocent person who has served time as a result of an incorrect guilty verdict. And, while for the most part, most clients of criminal defense attorneys are somewhat criminally culpable in the crime they have been charged with, on rare occasions, some of a lawyer's clients are truly innocent. Though a rare occurrence, innocent people are accused and convicted of criminal offenses.
To combat the prosecution of the wrongly accused, criminal defense lawyers must be diligent in holding prosecutors and police accountable for every stage of their investigation in every case they handle. Thus, defense lawyers must take seriously their role as advocates for the innocent and the not-so-innocent to assure that the guilty don't escape while the innocent are punished.
Therefore, to accomplish the task of upholding a client's constitution rights and acting as a watchdog to oversee the conduct of police and prosecutors, a criminal defense lawyer must zealously pursue independent investigations into the crime for which a client has been accused to assure that at trial, that client is either completely exonerated or that there is enough evidence to prove that reasonable doubt exists to warrant his/her client's release from custody.
And, while for the majority of instances, a person who has reached the point of a jury trial is guilty, defense attorneys are mandated to provide every client an opportunity to a fair trial. Guilty or not, everyone has the constitutional right to have a fair trial. With a strong belief in the adversarial nature of the criminal justice system, reputable criminal defense attorneys recognize the right of every citizen to have representation and sometimes must put aside their emotions to represent those who have committed very serious crimes.
Criminal Defense Lawyers Defend the Guilty
In general guilty clients that criminal defense attorney' represent fall into two categories:
�Those who deny criminal culpability; and
�Those who take responsibility for their criminal behavior
Most lawyers agree that the most difficult criminal client to represent is one that takes some responsibility for the crime as it is much easier to establish innocence or reasonable doubt when you don't think your client is guilty. Facing ethical and moral dilemmas daily, a criminal defense lawyer must deal with situations where they have knowingly facilitated the release of a guilty person, risking their reputation and a clear conscience. On the other hand, defense lawyers get a great deal of satisfaction when their representation of an accused individual has a positive impact on society. For instance, when a criminal defense lawyer helps a client avoid more serious legal consequences by intervening in lives to affect positive change (i.e., plea bargains of rehabilitation instead of jail time, community service and probation instead of jail time etc.). As a trusted advocate, criminal defense lawyers have a great deal of influence on their clients' lives as opposed to a judge, prosecutor or probation officer.
Criminal Defense Lawyers are a Necessary Part of the United States Judicial System
Sometimes portrayed as villains who help criminals run free, criminal defense lawyers are necessary for the United States legal system to run smoothly. Without the availability of qualified legal representation for those accused of crimes, the potential for overreach by government would be great. A balanced system where all parties are represented and where one side isn't given free rein to rule over the other is what our judicial system is all about. And, while every system has its flaws, the United States judicial system is still the best available in the world.
Article Source: [http://EzineArticles.com/?The-Role-of-a-Criminal-Defense-Lawyer-in-Todays-Time&id=6674674] The Role of a Criminal Defense Lawyer in Today's Time

Serve and Protect by Enrolling in a Police Foundations Diploma Program

By [http://ezinearticles.com/?expert=Percey_Evans]Percey Evans
If you've ever wanted to tell people that your job is to "serve and protect", and you want a career that can really make a difference in people's lives, consider enrolling in a Police Foundations Diploma Program.
Police Foundations Diploma Programs can prepare you for a number of interesting employment positions besides being a police officer. For example, graduates can follow one of the following career paths:
� Customs and Immigrations Officer
� Security Consultant
� Private Investigator
� Court Officer
� Fraud Investigator
� Police Officer
Typically, a school offering a Police Foundations Diploma Program operates as a joint initiative with local law enforcement authorities, to ensure that students are learning real practical skills that can be put to use immediately upon graduation. Furthermore, the most reputable schools will have a police force veteran as an instructor, so that students can interact and ask questions of someone who has really "walked the talk."
One advantage that career colleges have over their community college counterparts is a curriculum that lasts 9 months and not two years. This means that   rel=nofollow [http://www.nahb.ca/programs/legal-training/police-foundations-program]Police Foundations Diploma Program students can go from the classroom to the job market relatively quickly. As an added benefit, a 2-week internship is part of the 9-month program. During this internship, students have the opportunity to further their knowledge of the field, and learn more about their chosen discipline by participating in a volunteer community activity. Many students find that the internship is one of the most valuable elements of the diploma due to its deeply practical nature.
In order to graduate, Police Foundations Diploma Program students have to take approximately 30 courses from a diverse range of topics. The objective is to give students all the tools and knowledge they need to be effective members of a law enforcement organization. Instruction is 50% theoretical, and 50% practical, with an emphasis on demonstrations and practice. Some schools also offer firearm and self-defense training.
Course loads typically include:
� Introduction to police foundations
� Criminology
� The Canadian charter of rights and freedoms
� Law and the criminal code
� Prejudice hearsay and privilege
� Communications skills
� Psychology
� Ethics and sociology
� Principles of ethical reasoning
� Police procedures
� How to conduct an investigation
� How to prepare for the standardized police exam
If you want to make a difference in your community, consider enrolling in a Police Foundations Diploma Program. It could be the best way to combine an interest in law enforcement with an exciting career with many possible job options.
Contact the National Academy of Health & Business for more information on their [http://www.nahb.ca/programs/legal-training/police-foundations-program]Police Foundations Diploma Program.
Percey Evans is a freelance writer who works for Higher Education Marketing, a leading Web marketing firm specializing in Google Analytics, Education Lead Generation, Search Engine Optimization (SEO), Mobile SMS Alerts, Social Media Marketing and Pay Per Click Marketing, among other Web marketing services and tools.
Article Source: [http://EzineArticles.com/?Serve-and-Protect-by-Enrolling-in-a-Police-Foundations-Diploma-Program&id=6681255] Serve and Protect by Enrolling in a Police Foundations Diploma Program

The Double Edged Sword of Refusal to Submit to Blood Alcohol Testing for a DUI in Florida

By [http://ezinearticles.com/?expert=Maria_D_Hale]Maria D Hale
Many individuals might not know that if they are arrested for a driving under the influence offense (DUI) that they have the right to refuse a blood alcohol test. However, Florida is a complied consent state. Under Florida Statute � 316.1932 (1), any person who operates a motor vehicle in Florida has given their implied consent to chemical testing of their blood, breath or urine at the request of a law enforcement officer after a lawful stop for arrest for driving under the influence of alcohol or controlled substances.
When an individual is pulled over for suspicion of drunk driving they might be asked to take a breath alcohol test or as it is commonly referred, a breathalyzer. If the breath test registers under 0.08, the officer may request a chemical urine or blood test to determine if there are drugs in the drivers system. A chemical BAC test usually consists of a blood or urine test administered by a medical professional.
The Basics of Refusal to Submit to BAC Testing in Florida
A person's refusal to do something usually consists of them saying "no". However, in the state of Florida, there are other ways that can be considered as refusal called constructive refusal. Constructive refusal may be interpreted as:
� The driver being unable to provide two sufficient samples of their breath within the statutory time period following the arrest
� If the driver does not specifically state yes or no to taking a chemical test of their blood, breath or urine
� If the driver becomes confrontational
� If the driver provides breath samples that are not within.02 of each other and then refuses to take a third test or
� If the driver blows a breath test once but does not blow a second or subsequent time when requested
In Florida, an arresting officer must inform the driver of the Implied Consent Warnings, which advise the driver of the consequences as a result of refusing to submit to testing.
Penalties for Refusal in Florida
Though an individual can refuse testing, they can also face stiff penalties as a result of refusal to submit to chemical BAC testing. These penalties can include the suspension of their driver's license and driving privileges for up to one year. According to Florida Statute � 316.1939, if the driver has previously refused to submit to chemical testing and their driver's license was already suspended, they can be charged with a first degree misdemeanor.
If the driver of a commercial vehicle is charge with refusing to submit to chemical testing while driving a commercial vehicle, they may have their commercial driver's license suspended for up to one year. During their suspension they are not allowed to apply for a hardship license, which would allow them to drive for work purposes.
What does this mean for a criminal case?
A criminal case for a DUI offense in Orlando relies heavily on the results of chemical BAC testing to prove that a driver was in fact under the influence of drugs or alcohol at the time of arrest. If there is no chemical testing as the result of refusal, there will be no test results. This will force the prosecution to use the evidence of the refusal to chemical testing and field sobriety testing as evidence to prove that a driver was definitely intoxicated at the time of arrest, which can be difficult.
Maria D. Hale is a founding partner of Hale & Hale, P.A., and has over 12 years of experience in the criminal justice system. As a criminal defense attorney in Orlando, Florida, Ms. Hale aggressively defends those in Orange County and the surrounding areas of Osceola County and Seminole County who are accused of various criminal charges such as DUI, domestic violence, sex crimes, violent crimes, drug possession, theft and juvenile crimes. Ms. Hale's main concern is always for the welfare of her clients and she always strives to reach the most favorable outcome in each case. For more information or to schedule a free consultation, please visit our site: [http://www.halelawfl.com/CriminalDefense/DrivingUndertheInfluenceDUI/RefusaltoSubmittoBACTest.aspx]Orlando refusal to submit attorney
Article Source: [http://EzineArticles.com/?The-Double-Edged-Sword-of-Refusal-to-Submit-to-Blood-Alcohol-Testing-for-a-DUI-in-Florida&id=6627340] The Double Edged Sword of Refusal to Submit to Blood Alcohol Testing for a DUI in Florida

Maryland First Offense DUI Penalties

By [http://ezinearticles.com/?expert=Walt_Dickson]Walt Dickson
Maryland charges drivers with either Driving While Intoxicated (DWI) or Driving Under the Influence (DUI), depending on the driver's blood alcohol level. This is part of the state's commitment to reducing the number of drunk drivers on the road; even first-time DUI offenders face serious legal consequences for their actions. According to Maryland law, a driver is guilty of DUI if his blood alcohol level is.08 or higher.
Loss of License
If a Maryland driver is charged with DUI, the DMV suspends the driver's license for 60 days. License suspension is a "per se" consequence of DUI in Maryland, which means that the DMV can suspend the driver's license before the driver is convicted of the crime. Drivers have 10 days to request an administrative hearing after being charged with DUI. At the hearing, the driver may request a temporary license until his court date. Maryland often issues restricted licenses to such drivers, which allow the driver to go to work or other designated locations but not to places other than those permitted by the DMV.
Jail Time and Fines
First DUI offenders in Maryland may face up to 60 days in jail. In addition to any jail time, drivers convicted of their first DUI face a fine of up to $500. In some cases, drivers may also have to pay court costs, including costs related to housing and feeding them while in jail.
Educational Requirements
After being convicted of a DUI, Maryland drivers have to complete mandatory driver education. Some education informs drivers of the consequences of drunk driving, while other education teaches drivers how to avoid drunk driving incidents and of the effects of various types of alcohol on the bloodstream. Maryland courts may also require drivers to complete a DUI training program, which is similar to programs designed to help people stop drinking. DUI training programs often come with a required number of Alcoholics Anonymous meetings. Drivers must complete all educational requirements before the DMV will reinstate the driver's full license to drive.
Points on Driving Record
A first offense DUI puts eight points on the driver's record under Maryland law. This is high enough that most insurance companies will not insure the driver even after he completes all requirements and reinstates his driver's license. Maryland drivers who are convicted of DUI must purchase SR-22 insurance once they get their licenses back. This is a special insurance for high risk drivers. In most cases, drivers have to carry SR-22 insurance for three years and avoid any accidents or further DUIs during that period of time to qualify for regular insurance. Since all drivers must be insured prior to driving in Maryland, SR-22 insurance is mandatory for drivers who have been convicted of a DUI.
Mandatory Testing Requirement
Drivers in Maryland face stiffer penalties if they refuse to take a breathalyzer or other sobriety test when asked to do so by a police officer. If a driver refuses to take a blood alcohol test, the driver's license will be suspended for at least 120 days and can be suspended for up to one year, even if the driver has never been charged with a DUI before. However, refusing the test isn't considered an automatic admission of guilt in Maryland, and drivers face the same legal penalties for a first offense DUI regardless of whether they consent to a test, except for the license suspension penalty.
If you've been charged with a DUI or DWI, don't hesitate, contact a [http://www.shapiroandmack.com/dui-dwi-lawyer.html]Maryland DUI lawyer immediately. Don't risk having your license taken away or even having to serve jail time, a [http://www.shapiroandmack.com/dui-law-videos.html]Maryland DWI attorney has the experience necessary to defend their clients' charges.
Article Source: [http://EzineArticles.com/?Maryland-First-Offense-DUI-Penalties&id=6681872] Maryland First Offense DUI Penalties

Roll of the Prosecutor: What to Know About the State's Attorney in Your Criminal Case

By [http://ezinearticles.com/?expert=Moseley_M_Matheson]Moseley M Matheson
When facing Criminal Charges, everyone will, at some point, have an encounter with the Prosecutor. Their official name varies from State to State, some are called District Attorneys or Assistant District Attorneys, others are called Commonwealth Attorneys, County Attorneys, etc. In all cases, they all serve the same purpose for Criminal matters. As a practicing Raleigh Criminal Lawyer and Durham Criminal Lawyer in North Carolina, I have had many interactions with Prosecutors. Additionally, I was formally sworn in as an Assistant District Attorney in Harnett County, North Carolina. Through all of this, I have seen many criminal Defendants not understand the roll that the Prosecutor has in their case. This article will explain what roll the Prosecutor plays in your criminal case as well as some recommendations on how to handle them.
First, Prosecutors are the Opposing Counsel. This needs to be stressed. If court were a boxing match, the Prosecutor is the Boxer you are fighting. Now, that being said, most Prosecutors are not bad people. They are good attorneys whose job it is to zealously fight for the State, just as your Criminal Defense Attorney will zealously fight for your rights. To understand this concept, it's best to understand the United States Criminal Justice System. Our system is what is referred to as an 'adversarial proceeding.' What this means is, each side presents it's best case, with their attorney arguing strongly for their side, and from this, a just result it suppose to be produced. As you are likely aware, this is not always the case, however this is the system that the United States has come to trust. Therefor, in this 'adversarial proceeding,' one side is not normally going to assist the other in their case.
This concept of an adversarial proceeding was addressed to better highlight the roll of the Prosecutor. Since the Prosecutor is the Attorney for the Government, they are not there to assist you in the Defense of your case. Prosecutors cannot, and will not, tell you whether you have a good defense, whether the plea deal they may offer you is good, or even how to proceed with your particular case. In fact, there are Ethical Guidelines which prohibit the Prosecutor from offering any type of legal advice to the Defendant.
Additionally, because they are the Attorney representing the State, they will use whatever evidence they have to prosecutor your case. Therefore, should you accidentally state something that is damaging to your case, they will likely use it in prosecuting you. For this reason, a Defendant should have as little to no contact with the Prosecutor as possible. This concept is best adhered to by hiring a Defense Attorney (or requesting a court-appointed attorney when available) to represent you in your case. A Criminal Defense Attorney will know what to say, and more importantly what not to say, to the Prosecutor while handling your case.
Finally, Prosecutors are hard-working government employees. In most cases, Prosecutors do not make a lot of money, work long hours, and are rarely thanked for their efforts. As a former Prosecutor, I can tell you that the majority of interaction they have with the general public is negative and often Defendants' frustration with the criminal justice system is taken out on Prosecutors; this should not be done. Their job, just like Police Officers, is not a personal matter, but a job in which it is their responsibility to prosecute the cases they are given with the resources they have available. So, when you are having to wait in court for several hours before your case is heard, it's not because the Prosecutor likes to make you wait, it's because our justice system is over-burdened and under-funded such that there are normally not enough court personal to manage an efficient docket.
So, as a summation, a Defendant should not say anything about their case to a Prosecutor unless it is a procedural matter (do not review the facts of the case with the Prosecutor). In almost all cases, if possible, it is to the Defendant's benefit to hire a criminal defense attorney to handle their case. Lastly, try to limit in frustration you have with the court system from spilling over onto the Prosecutor. These individuals are normally nice people who deserve your respect.
As a [http://mathesonlawoffice.com/]Raleigh Criminal Lawyer and [http://mathesonlawoffice.com/]Raleigh DWI Lawyer, I have had many and varied experiences in the world of Criminal Justice. I have experience on both sides of the 'isle,' as I have been both a  Criminal Defense Attorney  as well as an  Assistant District Attorney.
Early in my days at North Carolina Central University School of Law, I developed an interested in Criminal Law. Specifically, how the system relies on the majority of the public not having a well rounded understanding of the laws and the Justice System used to enforce them. For that reason, I have pursued my interested into a career as a Criminal Defense Attorney working out of Raleigh, North Carolina. I opened my own law firm, Matheson Law Office, with the intention of being one of Raleigh's top Criminal Defense Attorneys.
Disclaimer - Information and advice offered in this article is for informational and educational purposes only and is specific to North Carolina law. The viewing, receipt and/or exchange of information from this article does not constitute an Attorney-Client Relationship. For assistance regarding your particular legal question speak with an Attorney practicing in the field from which your questions derives.
Article Source: [http://EzineArticles.com/?Roll-of-the-Prosecutor:-What-to-Know-About-the-States-Attorney-in-Your-Criminal-Case&id=6679232] Roll of the Prosecutor: What to Know About the State's Attorney in Your Criminal Case