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.
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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.
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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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