By [http://ezinearticles.com/?expert=Marc_J_Victor]Marc J Victor
I recall learning about the painfully short half-life of certain chemical compounds in high school chemistry. Some of those nasty little compounds expire in hours, minutes or even a few short seconds. Several years after high school, I can now truly empathize with such ill fated compounds. I have discovered that the half-life of a principled libertarian superior court judge on the criminal bench is about one half hour.
After many years as a practicing criminal defense attorney, I decided to apply to become a judge on the court of appeals. Despite good credentials and numerous letters of recommendation from several respected judges and other accomplished people, I was not deemed worthy of an interview by the appellate court selection committee. It may have had something to do with the fact that I cited a need for intellectual diversity as my reason for wanting to become an appellate court judge and used the term "pro-freedom" in my application. Maybe I was doomed from the start.
My application to become a superior court judge pro tem was lodged with visions of presiding over selected criminal jury trials. As a judge pro tem, I expected to have the luxury of picking and choosing my limited trial assignments. I was determined neither to conceal nor to violate my principles. My application included a disclosure that I am on the legal committee for the National Organization for the Reform of Marijuana Laws ("NORML") as well as the fact that I co-founded the Freedom Summit. In addition, my application included my associations with the Foundation for Economic Education, the Future of Freedom Foundation and CATO.
I was pleasantly surprised when my application was approved and I was appointed for a one year term as a superior court judge pro tem. I was excited and eager to work hard and do justice.
After two months of waiting for a criminal trial assignment on a non-victimless case, I inquired about obtaining such an assignment. I learned that the superior court's urgent need was for pro tem judges to cover the assortment of cases composing the pre-trial calendar. I had refused countless opportunities to cover court calendars I believed would contain predominately drug cases. On a day when the court was desperate for help, the court administration was agreeable to reassign a full time judge and arrange a criminal court calendar I believed would not contain many drug cases. I agreed but expected some non-violent drug cases would be on my calendar.
Determined to be honest and honorable, I decided to recuse myself on all drug related cases. To avoid being accused of having secret or illegitimate motives, I drafted a detailed six page minute entry, explaining the legal reasons underlying my anticipated recusal. I believed the parties had a right to know why I refused to hear their case. After all, the government, including judges, are supposed to be agents of the people; not masters.
When my first (and last) day as a judge arrived, I learned there were seven drug cases on my calendar of thirty seven matters. I arranged for another judge to handle the seven drug cases and offered to take several non-drug cases in exchange. I planned to recuse myself from the seven drug cases and reassign them to the other judge to be heard that same day.
Shortly after I began my court calendar, a friendly law enforcement officer arrived with several routine arrest warrants to be signed. All but one of the proposed arrest warrants were for drug cases. The other was for a questionable gun case. I informed the law enforcement officer of my principled refusal to consider his warrants and sent him away. To my surprise, the officer informed me of his support before he left to seek out a more agreeable judge.
Without my knowledge, the clerk e-mailed my recusal minute entry to her supervisor who forwarded it to the presiding criminal judge of the superior court. I soon found myself on the telephone with an angry judge who voiced his disagreement with my legal reasoning by referring to my minute entry as "bullshit." He ordered me not to issue my minute entry on any cases until after he consulted with the presiding judge of the superior court. He promised a quick call back.
Back in chambers, I informally explained to the prosecutor and defense attorney why I hesitated to call their drug case. While the defense attorney sat shocked, the prosecutor informed me of his unqualified support. I eventually decided to retake the bench and recuse myself. I stated on the record that I intended to disclose my reasons for recusal in a detailed minute entry.
The cranky presiding criminal law judge soon called back and informed me he was not happy with my performance.
I was fired and told to leave immediately. Before I left, the clerk who initially e-mailed her supervisor with my minute entry privately told me of her unqualified support for my position. Two other defense attorneys also came back into chambers to voice their support. I walked out of court that day a bit disappointed but with my principles firmly intact.
While my judicial career was going up in flames, my good friend and guerilla libertarian activist, Ernest Hancock was driving to the courthouse to see me wearing the black robe. I called Ernie and told him my judicial career was over. Although neither of us predicted my lifespan as a judge would be long, his response was, "Already?" In what seemed like seconds later, the press was calling me for comment.
The next morning, I was news. The television, radio and print media all did stories about the judge who was fired because he refused to hear drug cases. I received about one hundred e-mails; not one negative. Many of the emails I received praised me for having integrity. I also learned that within hours of my firing, the presiding justice of the Arizona Supreme Court issued an order rescinding my appointment as a judge pro tem.
The Supreme court's order stated in relevant part, "Having expressly declared his inability to be impartial in the application of the law and the disposition of cases before him...." I found this language curious as I had not declared any inability to be impartial. Moreover, the Supreme Court's order appeared as if I had issues with all laws as there was no mention of drug cases specifically nor any connection with my reasons for recusal.
About a week later, an editorial writer from a major local newspaper showed up to interview me. He was shocked to learn that there was a much bigger principle involved than the right to smoke pot.
After my initial publicity waned, another local superior court judge pro tem drove drunk and killed a seventeen year old high school student who was riding a bike. The professional, unbiased, fair and balanced newspaper editorial staff writers at the Arizona Republic published an editorial recklessly lumping me with the other judge under the title, "Two Bad Apples." It wasn't my proudest moment, but I concluded some people would draw the fine distinction.
Being unsatisfied merely that my unusually distinguished judicial career was over, the presiding judge of the superior court referred my conduct to the Commission on Judicial Conduct. Among other things, I was accused of acting in a manner which fails to promote public confidence in the integrity and impartiality of the judiciary. I was asked to formally respond to the judicial complaint against me. After reviewing the incident and my response, the Commission on Judicial Conduct dismissed the presiding judge's complaint against me.
Although my judicial career ended abruptly, my career as a scientist is off to a promising start. I may have been the first to discover that the compound P-L-J (principled libertarian judge) has a tragically short half-life when mixed with the highly toxic compound C-B (criminal bench). For now, I will continue my experiments combining the volatile and explosive compound A-L-C-D-A (aggressive libertarian criminal defense attorney) with all varieties of TS (toxic statists). http://www.attorneyforfreedom.com/index.cfm/g/articles-by-marc-victor/f/pro-tem-recusal-minute-entry.htm
Marc J. Victor is an honorably discharged United States Marine who requires the same commitment to excellence from all members of the law firm that was expected of him during his time in the Marine Corps. To that end, we work hard to distinguish ourselves from other law firms. We represent people the way we would want to be represented ourselves. We strive to return all e-mails and all telephone calls the same day they are received. We want each client to feel like they are our only client.
We will always give you honest and straight forward advice you can depend on. We do everything we say we are going to do for you; at all times and in all cases. We realize a legal matter can be a life changing event. As such, we believe in doing things right the first time as there are usually no second chances. We expect to exceed even your highest expectations.
Article Source: [http://EzineArticles.com/?My-Contribution-To-Science&id=6604645] My Contribution To Science
Thursday, February 23, 2012
Tuesday, February 21, 2012
Minors and Alcohol
By [http://ezinearticles.com/?expert=Jason_Richards_Terry]Jason Richards Terry
1) Summary
It is illegal for a minor to possess alcohol anywhere, not only in public places. A first offense of this is an infraction, while second and subsequent offenses can lead to a fine of $200 to $500. It is important to note that illegal possession of alcohol by a minor does not apply to a minor who is in possession while accompanied by a parent, guardian, or spouse over the age of 21.
It is illegal for someone who owns private property, including a home, to knowingly permit a minor to illegally possess alcohol on the property. It is also illegal for that individual to fail to make a reasonable effort to stop a minor from possessing alcohol on the property when he/she knows the minor is in possession of alcohol. A first offense is an infraction and subsequent offenses can lead to the owner receiving a fine of up to $500.00, 1 year in prison, or both.
2) Possession of Alcohol by Minors
As stated above, it is illegal for a minor to be in possession of alcohol on both public and private property. A first offense is a $181 fine. Subsequent offenses can lead to a fine of up to $500. Also, the minor may be subject to a 150 day suspension of his/her driving license. If the minor is not licensed, he/she must wait an additional 150 days after he/she becomes eligible for a license.
It is also illegal for a minor to be in possession of liquor in a motor vehicle. A violation of this law can lead to a 60 day suspension of the offender's driver's license.
3) Sale of Alcohol to Minors
It is illegal for a permittee or agent of a permittee from selling or delivering liquor to a minor, including Internet sales. This can lead to a year in prison, a fine of $1,000, or both.
It is illegal for anyone to allow minors to possess alcohol or host underage drinking parties. A first offense is a fine of $146. Any subsequent offenses can lead to a year in prison, a $500 fine, or both.
It is illegal for anyone to give or deliver liquor to a minor. This violation can lead to 18 months in prison, a fine of $1,000, or both.
It is illegal for a permittee or employees to allow minors to loiter on premises where liquor is kept for sale, or where liquor is served at a bar. This can lead to a year in prison, a fine of $1,000, or both.
A holder of a caf� permit is allowed to create a "juice bar," meaning an area of liquor establishment where nonalcoholic beverages are sold to minors. It is important to note that the permit holder must notify local police in advance of the date that the juice bar will be made available. A violation of this can lead to a year in prison, a fine of $1,000, or both.
4) Fake/False Identification
The misrepresentation of age or committing deception to obtain an identity card, or using another individual's identification is illegal. There can be a penalty of 30 days in prison, a fine of $500, or both. Also, the offender is subject to a 150 day suspension of his/her driver's license. If the minor is not licensed, he/she must wait an additional 150 days after he/she becomes eligible for a license.
It is illegal to purchase, attempt to purchase, or making false statements to procure a fake id. There is a fine of up to $500.
It is illegal to willfully misrepresent age on an age statement. A first offense of this is a $100 fine, and subsequent offenses are a fine of $250.
Possession of a keg without the proper identification tag or providing false identification of a keg registration receipt is illegal. This can lead to 3 months in prison, a $500 fine, or both.
5) Youth DUI
It is illegal for a minor to operate a motor vehicle if his/her blood-alcohol-content is higher than .02. A first offense can lead to 6 months in prison with 48 hours of community service, a fine of $1,000, or both. The offender can also be subject to a 90 day suspension of his/her driver's license. A second offense can lead to 2 years in prison with 120 days of community service, a fine of $4,000, or both. The offender can also be subject to a 9 month suspension of his/her driver's license. A third offense can lead to 3 years in prison with 1 year of community service, a fine of $8,000, or both. The offender can also be subject to a 2 year suspension of his/her driver's license.
If you have [http://legalhelp.org/forums/]legal questions, please consult with an attorney.
Article Source: [http://EzineArticles.com/?Minors-and-Alcohol&id=6515403] Minors and Alcohol
1) Summary
It is illegal for a minor to possess alcohol anywhere, not only in public places. A first offense of this is an infraction, while second and subsequent offenses can lead to a fine of $200 to $500. It is important to note that illegal possession of alcohol by a minor does not apply to a minor who is in possession while accompanied by a parent, guardian, or spouse over the age of 21.
It is illegal for someone who owns private property, including a home, to knowingly permit a minor to illegally possess alcohol on the property. It is also illegal for that individual to fail to make a reasonable effort to stop a minor from possessing alcohol on the property when he/she knows the minor is in possession of alcohol. A first offense is an infraction and subsequent offenses can lead to the owner receiving a fine of up to $500.00, 1 year in prison, or both.
2) Possession of Alcohol by Minors
As stated above, it is illegal for a minor to be in possession of alcohol on both public and private property. A first offense is a $181 fine. Subsequent offenses can lead to a fine of up to $500. Also, the minor may be subject to a 150 day suspension of his/her driving license. If the minor is not licensed, he/she must wait an additional 150 days after he/she becomes eligible for a license.
It is also illegal for a minor to be in possession of liquor in a motor vehicle. A violation of this law can lead to a 60 day suspension of the offender's driver's license.
3) Sale of Alcohol to Minors
It is illegal for a permittee or agent of a permittee from selling or delivering liquor to a minor, including Internet sales. This can lead to a year in prison, a fine of $1,000, or both.
It is illegal for anyone to allow minors to possess alcohol or host underage drinking parties. A first offense is a fine of $146. Any subsequent offenses can lead to a year in prison, a $500 fine, or both.
It is illegal for anyone to give or deliver liquor to a minor. This violation can lead to 18 months in prison, a fine of $1,000, or both.
It is illegal for a permittee or employees to allow minors to loiter on premises where liquor is kept for sale, or where liquor is served at a bar. This can lead to a year in prison, a fine of $1,000, or both.
A holder of a caf� permit is allowed to create a "juice bar," meaning an area of liquor establishment where nonalcoholic beverages are sold to minors. It is important to note that the permit holder must notify local police in advance of the date that the juice bar will be made available. A violation of this can lead to a year in prison, a fine of $1,000, or both.
4) Fake/False Identification
The misrepresentation of age or committing deception to obtain an identity card, or using another individual's identification is illegal. There can be a penalty of 30 days in prison, a fine of $500, or both. Also, the offender is subject to a 150 day suspension of his/her driver's license. If the minor is not licensed, he/she must wait an additional 150 days after he/she becomes eligible for a license.
It is illegal to purchase, attempt to purchase, or making false statements to procure a fake id. There is a fine of up to $500.
It is illegal to willfully misrepresent age on an age statement. A first offense of this is a $100 fine, and subsequent offenses are a fine of $250.
Possession of a keg without the proper identification tag or providing false identification of a keg registration receipt is illegal. This can lead to 3 months in prison, a $500 fine, or both.
5) Youth DUI
It is illegal for a minor to operate a motor vehicle if his/her blood-alcohol-content is higher than .02. A first offense can lead to 6 months in prison with 48 hours of community service, a fine of $1,000, or both. The offender can also be subject to a 90 day suspension of his/her driver's license. A second offense can lead to 2 years in prison with 120 days of community service, a fine of $4,000, or both. The offender can also be subject to a 9 month suspension of his/her driver's license. A third offense can lead to 3 years in prison with 1 year of community service, a fine of $8,000, or both. The offender can also be subject to a 2 year suspension of his/her driver's license.
If you have [http://legalhelp.org/forums/]legal questions, please consult with an attorney.
Article Source: [http://EzineArticles.com/?Minors-and-Alcohol&id=6515403] Minors and Alcohol
Sunday, February 19, 2012
The Consequences of a DUI Conviction
By [http://ezinearticles.com/?expert=Preston_P_Rezaee]Preston P Rezaee
Driving under the influence of alcohol or drugs is a problem across the nation, it plagues every city and it affects all classes. In the state of Nevada, if you were arrested for DUI, then law enforcement had reason to believe that you were operating a motor vehicle while under the influence of alcohol or drugs.
It is unlawful to operate a motor vehicle with a blood alcohol content of.08% or greater if you are above the age of 21. For drivers below 21 years of age, that number is less at just.02%. For commercial drivers, the threshold is set at.04%. If you are caught driving with a BAC above the legal limit, then you face both administrative and criminal consequences.
In order for law enforcement to determine your BAC, they will ask you to submit to a breath, blood or urine test. These tests are called chemical tests and if you refuse to submit to a chemical test, the refusal will result in an automatic driver's license suspension. A chemical test refusal will have negative consequences, very similar to a simple DUI. Even if you weren't drinking and driving, it is not a good idea to behave in a belligerent manner, or refuse a chemical test.
For a simple DUI without any aggravating circumstances, most people are typically charged with a misdemeanor. However, a DUI causing bodily injury or death is a felony, and receiving a third DUI within seven years is also prosecuted as a felony offense. Once a driver has a felony DUI on their record, even if it is their first, any subsequent DUI will be charged as a felony as well.
What types of penalties does one face if they are convicted of DUI? A DUI conviction can mean jail time; your vehicle can be impounded, hefty fines, license revocation and a reinstatement fee, community service, DUI School or Substance Abuse Treatment and, an SR22 Certificate of Liability Insurance required for three years (which would cause steep insurance rates).
Penalties for a First DUI Offense
The following penalties may be implemented for a first DUI offense in Nevada (the specific penalties may vary depending on the driver's record and the jurisdiction, as well as the circumstances surrounding the case):
2 days to 6 months in county jail (24 to 96 hours of community service may be served in lieu of jail time)
DUI School, at your own expense
Fines of $400 to $1,000
Court fees
Nevada Victim Impact Panel (a lecture by Mothers Against Drunk Driving)
Driver's license suspension for 90 days
If your blood alcohol concentration was.18% or greater, you may face the following additional penalties:
Drug or alcohol abuse treatment program
The installation of a breath interlock device in your vehicle for 12 to 36 months
Just because you were arrested for DUI doesn't meant that you have to lose hope. There are a number of defenses to DUI that may apply to your case. If you want to do everything possible to reduce the penalties that you face, then you should retain the services of an experienced attorney. A lawyer that is well versed in DUI law will be your best defense when it comes to disputing or fighting the DUI charges against you. If you want to have the best chances of reaching a favorable outcome, you will have to contact a rel=nofollow [http://www.lasvegas-criminaldefense.com]Las Vegas criminal defense attorney for immediate assistance.
The Las Vegas legal team at The Firm has extensive experience in handling DUI charges, drug crimes, traffic offenses, violent crimes and many more. Their team prides itself in its ability to reduce their client's charges, and they are proud to have helped clients get their charges dropped entirely. No case is too big or too small for their firm; they will treat your case with the respect and professional courtesy that it deserves regardless of the circumstances of your case. If you would like to be represented by experienced heavyweights, then don't hesitate to contact a seasoned Las Vegas criminal defense attorney from The Firm to schedule a confidential consultation at (702) 222-FIRM.
Article Source: [http://EzineArticles.com/?The-Consequences-of-a-DUI-Conviction&id=6617189] The Consequences of a DUI Conviction
Driving under the influence of alcohol or drugs is a problem across the nation, it plagues every city and it affects all classes. In the state of Nevada, if you were arrested for DUI, then law enforcement had reason to believe that you were operating a motor vehicle while under the influence of alcohol or drugs.
It is unlawful to operate a motor vehicle with a blood alcohol content of.08% or greater if you are above the age of 21. For drivers below 21 years of age, that number is less at just.02%. For commercial drivers, the threshold is set at.04%. If you are caught driving with a BAC above the legal limit, then you face both administrative and criminal consequences.
In order for law enforcement to determine your BAC, they will ask you to submit to a breath, blood or urine test. These tests are called chemical tests and if you refuse to submit to a chemical test, the refusal will result in an automatic driver's license suspension. A chemical test refusal will have negative consequences, very similar to a simple DUI. Even if you weren't drinking and driving, it is not a good idea to behave in a belligerent manner, or refuse a chemical test.
For a simple DUI without any aggravating circumstances, most people are typically charged with a misdemeanor. However, a DUI causing bodily injury or death is a felony, and receiving a third DUI within seven years is also prosecuted as a felony offense. Once a driver has a felony DUI on their record, even if it is their first, any subsequent DUI will be charged as a felony as well.
What types of penalties does one face if they are convicted of DUI? A DUI conviction can mean jail time; your vehicle can be impounded, hefty fines, license revocation and a reinstatement fee, community service, DUI School or Substance Abuse Treatment and, an SR22 Certificate of Liability Insurance required for three years (which would cause steep insurance rates).
Penalties for a First DUI Offense
The following penalties may be implemented for a first DUI offense in Nevada (the specific penalties may vary depending on the driver's record and the jurisdiction, as well as the circumstances surrounding the case):
2 days to 6 months in county jail (24 to 96 hours of community service may be served in lieu of jail time)
DUI School, at your own expense
Fines of $400 to $1,000
Court fees
Nevada Victim Impact Panel (a lecture by Mothers Against Drunk Driving)
Driver's license suspension for 90 days
If your blood alcohol concentration was.18% or greater, you may face the following additional penalties:
Drug or alcohol abuse treatment program
The installation of a breath interlock device in your vehicle for 12 to 36 months
Just because you were arrested for DUI doesn't meant that you have to lose hope. There are a number of defenses to DUI that may apply to your case. If you want to do everything possible to reduce the penalties that you face, then you should retain the services of an experienced attorney. A lawyer that is well versed in DUI law will be your best defense when it comes to disputing or fighting the DUI charges against you. If you want to have the best chances of reaching a favorable outcome, you will have to contact a rel=nofollow [http://www.lasvegas-criminaldefense.com]Las Vegas criminal defense attorney for immediate assistance.
The Las Vegas legal team at The Firm has extensive experience in handling DUI charges, drug crimes, traffic offenses, violent crimes and many more. Their team prides itself in its ability to reduce their client's charges, and they are proud to have helped clients get their charges dropped entirely. No case is too big or too small for their firm; they will treat your case with the respect and professional courtesy that it deserves regardless of the circumstances of your case. If you would like to be represented by experienced heavyweights, then don't hesitate to contact a seasoned Las Vegas criminal defense attorney from The Firm to schedule a confidential consultation at (702) 222-FIRM.
Article Source: [http://EzineArticles.com/?The-Consequences-of-a-DUI-Conviction&id=6617189] The Consequences of a DUI Conviction
Friday, February 17, 2012
A Close Look at Ignition Interlock Devices As the Result of a DUI Conviction
By [http://ezinearticles.com/?expert=Rochelle_S_Berliner]Rochelle S Berliner
In an effort to curb drunk driving, many states have implemented what is known as the mandatory "first offender" ignition interlock law, which requires individuals who are convicted of their first driving under the influence (DUI) offense to install the device in each vehicle they own. Most states order the installation of a an ignition interlocking device (IID) as a repercussion of an aggravated DUI conviction where the driver had an extremely high breath alcohol concentration or a child in the car with them at the time of arrest. However, many states are revising their DUI laws to include an IID as a consequence of any DUI conviction, no matter the circumstances.
Currently there are 14 states that have the mandatory "first offender" ignition interlock law and these states include New York, Alaska, Arizona, Connecticut, Louisiana, Washington, Kansas, Nebraska, New Mexico, Hawaii, Illinois, Oregon, Utah and Arkansas.
An ignition interlock device works like a Breathalyzer and measures an individual's Breath Alcohol Content (BAC). The function of an IID is to record breath tests that an individual will be required to give each time they try to operate a vehicle. If the device detects an amount of alcohol, usually measuring 0.02 percent, in the driver's system then the car will not start. Additionally, an ignition interlock device may require an individual to blow a breath test periodically while the driver is driving to prevent the possibility of any test tampering.
An IID can be extremely intelligent and sophisticated device that not only operates by measure alcohol content in an individual's breath but by also recording the number of times a vehicle was started or attempted to be started, the duration the automobile is being driven.
There are often costly fees associated with the installation, de-installation and monthly cost of having the device installed. These associated fees are usually the sole responsibility of the convicted driver and if the convicted driver owns more than one car, these fees will likely triple or double. Additional fees can also occur if an individual fails a breath test and needs the device reset, tampers with the device or damages the device. Depending on the amount time an individual is ordered to have the device installed in their vehicle or vehicles, the amount of money an individual could end up paying as the result of a court ordered ignition interlocking device could total into the thousands of dollars.
Rochelle S. Berliner is Queens, York criminal defense attorney who strongly advocates for the rights of her clients. With nearly two decades of experience, Ms. Berliner represents men and women in around New York including Manhattan, Brooklyn and the Bronx. Ms. Berliner understands that when an individual is fighting the charges of a crime that the stakes are high and there is potential to lose what is most important. For more information or to schedule a free consultation please visit our website at: [http://www.rochelleberliner.com/CriminalDefense/DrivingWhileIntoxicatedDWI.aspx]Queens ignition interlock attorney.
Article Source: [http://EzineArticles.com/?A-Close-Look-at-Ignition-Interlock-Devices-As-the-Result-of-a-DUI-Conviction&id=6634272] A Close Look at Ignition Interlock Devices As the Result of a DUI Conviction
In an effort to curb drunk driving, many states have implemented what is known as the mandatory "first offender" ignition interlock law, which requires individuals who are convicted of their first driving under the influence (DUI) offense to install the device in each vehicle they own. Most states order the installation of a an ignition interlocking device (IID) as a repercussion of an aggravated DUI conviction where the driver had an extremely high breath alcohol concentration or a child in the car with them at the time of arrest. However, many states are revising their DUI laws to include an IID as a consequence of any DUI conviction, no matter the circumstances.
Currently there are 14 states that have the mandatory "first offender" ignition interlock law and these states include New York, Alaska, Arizona, Connecticut, Louisiana, Washington, Kansas, Nebraska, New Mexico, Hawaii, Illinois, Oregon, Utah and Arkansas.
An ignition interlock device works like a Breathalyzer and measures an individual's Breath Alcohol Content (BAC). The function of an IID is to record breath tests that an individual will be required to give each time they try to operate a vehicle. If the device detects an amount of alcohol, usually measuring 0.02 percent, in the driver's system then the car will not start. Additionally, an ignition interlock device may require an individual to blow a breath test periodically while the driver is driving to prevent the possibility of any test tampering.
An IID can be extremely intelligent and sophisticated device that not only operates by measure alcohol content in an individual's breath but by also recording the number of times a vehicle was started or attempted to be started, the duration the automobile is being driven.
There are often costly fees associated with the installation, de-installation and monthly cost of having the device installed. These associated fees are usually the sole responsibility of the convicted driver and if the convicted driver owns more than one car, these fees will likely triple or double. Additional fees can also occur if an individual fails a breath test and needs the device reset, tampers with the device or damages the device. Depending on the amount time an individual is ordered to have the device installed in their vehicle or vehicles, the amount of money an individual could end up paying as the result of a court ordered ignition interlocking device could total into the thousands of dollars.
Rochelle S. Berliner is Queens, York criminal defense attorney who strongly advocates for the rights of her clients. With nearly two decades of experience, Ms. Berliner represents men and women in around New York including Manhattan, Brooklyn and the Bronx. Ms. Berliner understands that when an individual is fighting the charges of a crime that the stakes are high and there is potential to lose what is most important. For more information or to schedule a free consultation please visit our website at: [http://www.rochelleberliner.com/CriminalDefense/DrivingWhileIntoxicatedDWI.aspx]Queens ignition interlock attorney.
Article Source: [http://EzineArticles.com/?A-Close-Look-at-Ignition-Interlock-Devices-As-the-Result-of-a-DUI-Conviction&id=6634272] A Close Look at Ignition Interlock Devices As the Result of a DUI Conviction
Wednesday, February 15, 2012
California Drug Crimes
By [http://ezinearticles.com/?expert=Tigran_Martinian]Tigran Martinian
In the United States, controlled substances are strictly regulated under state and federal drug laws. It is against the law to possess, cultivate, manufacture or distribute illegal drugs such as marijuana, cocaine, LSD, ecstasy and heroine. It is also unlawful to commit prescription fraud crimes. Such crimes include obtaining a prescription by untruthful means, selling prescription medication to someone other than the person to whom it was prescribed or selling prescription medications in a "back door" pharmacy type operation.
Drug crimes can be charged against a single person with a small amount of marijuana, or a high school student selling ecstasy or someone trafficking large amounts of cocaine across state lines. Since drug crimes cover such a wide spectrum of offenses, almost no one can evade the potential of being convicted, whether an upstanding citizen or a career criminal.
Drug Crimes in California
Let's take a look at a few of the specific criminal offenses that pertain to drugs, under California law:
"Possession of a Controlled Substance" - Health and Safety Code Section 11350
"Possession for Sale of Narcotics" - Health and Safety Code Section 11351
"Sale or Transportation of a Controlled Substance" - Health and Safety Code Section 11352
"Possession of Drug Paraphernalia" - Health and Safety Code Section 11364
"Possession of Methamphetamine" - Health and Safety Code Section 11377
"Manufacturing Drugs & Narcotics" - Health and Safety Code Section 11379.6
"Under the Influence of a Controlled Substance" - Health and Safety Code Section 11550
A defendant may face criminal charges related to possession of a controlled substance or may be arrested and charged for manufacturing, transporting or selling drugs. A defendant may even be criminally charged for being "under the influence" of an illegal drug.
These crimes are frequently charged against minors. In these cases they are considered juvenile crimes and are typically handled in the juvenile courts. Unfortunately, minors can be easily influenced by their peers and wind up partaking in the illegal consumption or sale of drugs such as marijuana, their parents' prescription medication, or exchanging club drugs at parties or nightclubs. How the minor's case is handled by the prosecution will depend upon their age, the nature of the drug offense and any prior criminal history. An experienced attorney can help both the minor and the parents by aggressively pursuing the lightest sentence possible, so as to avoid serious penalties for the accused.
A suspect can be arrested and convicted of any type of offense related to an illegal controlled substance. Possession of a small amount of drugs for personal use, drug paraphernalia on a person or in their control or growth of one or more marijuana plants are all illegal acts. Nearly any type of activity connected with drugs is criminalized and can be punished to the full extent of the law. For this reason, it is essential that a person who is arrested retain the services of a highly experienced criminal defense lawyer who can use their experience and negotiation skills to alleviate the criminal consequences that the accused faces.
Penalties for Drug-Related Offenses
Drug crimes range in severity with the possession of a small amount of marijuana for personal use being a "lesser" drug offense, and running a full scale drug trafficking operation being a much greater offense. The crimes can be prosecuted as a misdemeanor or a felony, depending on a variety of factors. For example, the type, amount and intent are all taken into consideration when making a charge. The prosecution and the judge will also evaluate whether the suspect has a prior criminal history, and they will examine the circumstances surrounding the case. A skilled criminal defense attorney can help you defend your rights and make sure that the more positive aspects of the situation do not get overlooked by the prosecution. These tactics will help ensure that you are not sentenced with harsher penalties than necessary.
Someone found with less than an ounce of marijuana on their person will most likely face misdemeanor penalties whereas someone found operating a methamphetamine lab will face felony charges and years behind bars. Whenever a person is arrested for a drug crime it is always in their best interests to seek legal representation from a private criminal defense attorney. Even if someone is found in possession of a small amount of drugs for recreational use, their arrest and subsequent criminal conviction could have a lasting effect on their family and their future career. Having the right lawyer on your side during the criminal process could mean the difference between spending time behind bars or being placed on probation. Especially if it is your first arrest or offense, there may be alternatives to jail available that might allow you to maintain your freedom and avoid a lengthy term sentence. You are urged to take a moment to contact a criminal defense lawyer in your area who can work on your behalf, aggressively seeking the least severe criminal penalties for you.
Martinian & Associates, Inc. has been obtaining powerful and workable results for their clients in the Los Angeles area for years. Their firm handles all types of criminal defense charges including drug charges, federal crimes, sex crimes and more serious crimes such as manslaughter and murder. Through years of experience, the team has developed effective strategies which have helped their clients receive reduced penalties, lighter sentences and even dropped charges. No case is too large or too small when it comes to seeking the representation you deserve. If you would like to learn more about how they may be able to help, contact a [http://www.lacriminaldefensefirm.com/]Los Angeles criminal defense attorney at (888) 847-9821.
Article Source: [http://EzineArticles.com/?California-Drug-Crimes&id=6566779] California Drug Crimes
In the United States, controlled substances are strictly regulated under state and federal drug laws. It is against the law to possess, cultivate, manufacture or distribute illegal drugs such as marijuana, cocaine, LSD, ecstasy and heroine. It is also unlawful to commit prescription fraud crimes. Such crimes include obtaining a prescription by untruthful means, selling prescription medication to someone other than the person to whom it was prescribed or selling prescription medications in a "back door" pharmacy type operation.
Drug crimes can be charged against a single person with a small amount of marijuana, or a high school student selling ecstasy or someone trafficking large amounts of cocaine across state lines. Since drug crimes cover such a wide spectrum of offenses, almost no one can evade the potential of being convicted, whether an upstanding citizen or a career criminal.
Drug Crimes in California
Let's take a look at a few of the specific criminal offenses that pertain to drugs, under California law:
"Possession of a Controlled Substance" - Health and Safety Code Section 11350
"Possession for Sale of Narcotics" - Health and Safety Code Section 11351
"Sale or Transportation of a Controlled Substance" - Health and Safety Code Section 11352
"Possession of Drug Paraphernalia" - Health and Safety Code Section 11364
"Possession of Methamphetamine" - Health and Safety Code Section 11377
"Manufacturing Drugs & Narcotics" - Health and Safety Code Section 11379.6
"Under the Influence of a Controlled Substance" - Health and Safety Code Section 11550
A defendant may face criminal charges related to possession of a controlled substance or may be arrested and charged for manufacturing, transporting or selling drugs. A defendant may even be criminally charged for being "under the influence" of an illegal drug.
These crimes are frequently charged against minors. In these cases they are considered juvenile crimes and are typically handled in the juvenile courts. Unfortunately, minors can be easily influenced by their peers and wind up partaking in the illegal consumption or sale of drugs such as marijuana, their parents' prescription medication, or exchanging club drugs at parties or nightclubs. How the minor's case is handled by the prosecution will depend upon their age, the nature of the drug offense and any prior criminal history. An experienced attorney can help both the minor and the parents by aggressively pursuing the lightest sentence possible, so as to avoid serious penalties for the accused.
A suspect can be arrested and convicted of any type of offense related to an illegal controlled substance. Possession of a small amount of drugs for personal use, drug paraphernalia on a person or in their control or growth of one or more marijuana plants are all illegal acts. Nearly any type of activity connected with drugs is criminalized and can be punished to the full extent of the law. For this reason, it is essential that a person who is arrested retain the services of a highly experienced criminal defense lawyer who can use their experience and negotiation skills to alleviate the criminal consequences that the accused faces.
Penalties for Drug-Related Offenses
Drug crimes range in severity with the possession of a small amount of marijuana for personal use being a "lesser" drug offense, and running a full scale drug trafficking operation being a much greater offense. The crimes can be prosecuted as a misdemeanor or a felony, depending on a variety of factors. For example, the type, amount and intent are all taken into consideration when making a charge. The prosecution and the judge will also evaluate whether the suspect has a prior criminal history, and they will examine the circumstances surrounding the case. A skilled criminal defense attorney can help you defend your rights and make sure that the more positive aspects of the situation do not get overlooked by the prosecution. These tactics will help ensure that you are not sentenced with harsher penalties than necessary.
Someone found with less than an ounce of marijuana on their person will most likely face misdemeanor penalties whereas someone found operating a methamphetamine lab will face felony charges and years behind bars. Whenever a person is arrested for a drug crime it is always in their best interests to seek legal representation from a private criminal defense attorney. Even if someone is found in possession of a small amount of drugs for recreational use, their arrest and subsequent criminal conviction could have a lasting effect on their family and their future career. Having the right lawyer on your side during the criminal process could mean the difference between spending time behind bars or being placed on probation. Especially if it is your first arrest or offense, there may be alternatives to jail available that might allow you to maintain your freedom and avoid a lengthy term sentence. You are urged to take a moment to contact a criminal defense lawyer in your area who can work on your behalf, aggressively seeking the least severe criminal penalties for you.
Martinian & Associates, Inc. has been obtaining powerful and workable results for their clients in the Los Angeles area for years. Their firm handles all types of criminal defense charges including drug charges, federal crimes, sex crimes and more serious crimes such as manslaughter and murder. Through years of experience, the team has developed effective strategies which have helped their clients receive reduced penalties, lighter sentences and even dropped charges. No case is too large or too small when it comes to seeking the representation you deserve. If you would like to learn more about how they may be able to help, contact a [http://www.lacriminaldefensefirm.com/]Los Angeles criminal defense attorney at (888) 847-9821.
Article Source: [http://EzineArticles.com/?California-Drug-Crimes&id=6566779] California Drug Crimes
Monday, February 13, 2012
About Vehicular Homicide Charges in Georgia
By [http://ezinearticles.com/?expert=Richard_S_Lawson]Richard S Lawson
Legally, the term homicide refers to the killing of another human being. Should a motor vehicle be involved in a fatal traffic collision it is referred to as "vehicular homicide" or "vehicular manslaughter in most states. In Georgia, this offense may be referred to as "homicide by vehicle." It is important to remember that motor vehicles can weigh in excess of 4,000 pounds and can therefore cause serious and sometimes fatal accidents.
Aside from defective auto parts and dangerous road or weather conditions, the vast majority of accidents are caused by driver negligence. Due to this fact, the law holds people accountable for their actions when they fail to exercise a reasonable level of care when operating a motor vehicle. In essence, if a driver accidentally kills another, then they are going to be held responsible for their actions. Whether they spend one year in jail or fifteen years in prison will depend upon the circumstances surrounding the case, such as whether or not the driver has a history of being labeled as a "habitual violator."
With vehicular homicide, malice and forethought is not necessary to have charges pressed. Depending on the circumstances of the incident, a person convicted of vehicular homicide can experience a wide range of criminal penalties.
First and Second Degree Homicide by Vehicle
First and second degree homicide by vehicle are defined and the penalties are described in Georgia Code - Motor Vehicles & Traffic - Title 40, Section 40-6-393.
Under this statute, first degree homicide by vehicle is described as causing the death of another person, without malice aforethought, by committing a violation of the following subsections of Georgia Code:
40-6-163(a) - illegally overtaking or passing a school bus;
40-6-270(b) - leaving the scene of an accident that has caused the death of or serious injury to another person;
40-6-390 - reckless driving;
40-6-391 - driving under the influence of alcohol and/or drugs; or
40-6-395(a) - fleeing or evading a police officer.
This felony offense is punishable by 3 to 15 years in prison.
Second degree homicide by vehicle is defined as unintentionally causing the death of another person by violating any subsection of Title 40 of Georgia Code, other than the specific sections listed under first degree homicide by vehicle above. Second degree homicide by vehicle is a misdemeanor, punishable by up to 1 year in county jail and/or a fine of up to $1,000.
Even if you are an upstanding citizen with no prior criminal record, you can still be facing harsh criminal consequences if you are accused of taking another's life in a traffic collision - judges and prosecutors view homicide by vehicle charges very seriously. If you want to do everything you can to avoid going to jail or prison and becoming labeled a "convicted felon," then you need to contact a DUI attorney right away.
The Law Offices of Richard S. Lawson proudly represents the residents throughout the state of Georgia. Their practice is entirely devoted to defending clients faced with DUI and DUI with drug charges. If you were arrested for a criminal offense of this nature, it would be in your best interests to have a lawyer that specializes in the field as you will have the best chances of disputing any charges against you when you have a firm who specializes in DUI law representing you. Their firm understands that you have a lot to lose if you are convicted and they are ready to put their time-proven tactics to work to defend your case. Please, contact a [http://www.cobbcountydui.com/]Cobb County DUI attorney from the firm at (404) 816-4440.
Article Source: [http://EzineArticles.com/?About-Vehicular-Homicide-Charges-in-Georgia&id=6616981] About Vehicular Homicide Charges in Georgia
Legally, the term homicide refers to the killing of another human being. Should a motor vehicle be involved in a fatal traffic collision it is referred to as "vehicular homicide" or "vehicular manslaughter in most states. In Georgia, this offense may be referred to as "homicide by vehicle." It is important to remember that motor vehicles can weigh in excess of 4,000 pounds and can therefore cause serious and sometimes fatal accidents.
Aside from defective auto parts and dangerous road or weather conditions, the vast majority of accidents are caused by driver negligence. Due to this fact, the law holds people accountable for their actions when they fail to exercise a reasonable level of care when operating a motor vehicle. In essence, if a driver accidentally kills another, then they are going to be held responsible for their actions. Whether they spend one year in jail or fifteen years in prison will depend upon the circumstances surrounding the case, such as whether or not the driver has a history of being labeled as a "habitual violator."
With vehicular homicide, malice and forethought is not necessary to have charges pressed. Depending on the circumstances of the incident, a person convicted of vehicular homicide can experience a wide range of criminal penalties.
First and Second Degree Homicide by Vehicle
First and second degree homicide by vehicle are defined and the penalties are described in Georgia Code - Motor Vehicles & Traffic - Title 40, Section 40-6-393.
Under this statute, first degree homicide by vehicle is described as causing the death of another person, without malice aforethought, by committing a violation of the following subsections of Georgia Code:
40-6-163(a) - illegally overtaking or passing a school bus;
40-6-270(b) - leaving the scene of an accident that has caused the death of or serious injury to another person;
40-6-390 - reckless driving;
40-6-391 - driving under the influence of alcohol and/or drugs; or
40-6-395(a) - fleeing or evading a police officer.
This felony offense is punishable by 3 to 15 years in prison.
Second degree homicide by vehicle is defined as unintentionally causing the death of another person by violating any subsection of Title 40 of Georgia Code, other than the specific sections listed under first degree homicide by vehicle above. Second degree homicide by vehicle is a misdemeanor, punishable by up to 1 year in county jail and/or a fine of up to $1,000.
Even if you are an upstanding citizen with no prior criminal record, you can still be facing harsh criminal consequences if you are accused of taking another's life in a traffic collision - judges and prosecutors view homicide by vehicle charges very seriously. If you want to do everything you can to avoid going to jail or prison and becoming labeled a "convicted felon," then you need to contact a DUI attorney right away.
The Law Offices of Richard S. Lawson proudly represents the residents throughout the state of Georgia. Their practice is entirely devoted to defending clients faced with DUI and DUI with drug charges. If you were arrested for a criminal offense of this nature, it would be in your best interests to have a lawyer that specializes in the field as you will have the best chances of disputing any charges against you when you have a firm who specializes in DUI law representing you. Their firm understands that you have a lot to lose if you are convicted and they are ready to put their time-proven tactics to work to defend your case. Please, contact a [http://www.cobbcountydui.com/]Cobb County DUI attorney from the firm at (404) 816-4440.
Article Source: [http://EzineArticles.com/?About-Vehicular-Homicide-Charges-in-Georgia&id=6616981] About Vehicular Homicide Charges in Georgia
Saturday, February 11, 2012
Why Fight Your Traffic Ticket
By [http://ezinearticles.com/?expert=Erik_Friis]Erik Friis
It happens to everyone at some point in time. They are driving along calmly until they see lights flashing in their rear-view mirror. What seemed like a pleasant day takes a turn for the worse as you are pulled over by the police in a routine traffic stop. Oftentimes breaking a traffic law happens entirely by accident. Maybe you were driving in a new area and didn't see a posted speed limit sign, or perhaps you accidentally blew through a stop sign that you didn't see until it was too late.
Being pulled over by the police can be a nerve-racking experience for the average person, not to mention humiliating. After receiving a ticket, most people think they have no other choice but to pay the fine. What most people don't realize is that by paying their traffic ticket, they are automatically admitting guilt. The truth is, people have the right to fight their traffic tickets in court, and sometimes they can win!
Some people have a lot to lose by having another ticket hit their driving record. The California DMV can add points to a driver's driving record for certain violations, which can result in a driver's license suspension, and increased insurance premiums. This is especially true if the driver has accumulated too many points within a specific amount of time.
Demerit Points for Traffic Violations in California
Every traffic offense has a different point value, and the DMV may assess these demerit points depending on the specific violation that has occurred. The Department of Motor Vehicles may suspend the license of a driver who has accumulated 4 or more points in 12 months, 6 points in 24 months or 8 points in 36 months.
The following are the point values of common traffic offenses in California:
Red light violation - 1 point
Improper lane use - 1 point
Following too closely - 1 point
Illegal passing - 1 point
Failure to yield right-of-way - 1 point
Improper u-turn - 1 point
Speeding - 1 point
Driving too slowly - 1 point
Reckless driving - 2 points
Hit and run causing injury or property damage - 2 points
Speeding over 100 miles per hour - 2 points
Racing - 2 points
DUI (driving under the influence) - 2 points
The state of California takes traffic tickets very seriously. In fact, by ignoring your traffic tickets, you could be facing possible arrest if you have too many traffic tickets that have not been paid. When people ignore their traffic tickets, or when they fail to appear in court, a bench warrant may be issued for their arrest. It is never a good idea to put off paying traffic tickets, it is absolutely imperative that you seek legal assistance from a qualified attorney before you automatically make an admission of guilt.
Fortunately, even with the worst traffic ticket cases you can always do something about it. Running from the law will only land you in more trouble. Having a seasoned lawyer by your side in traffic court will give you the greatest opportunity to fight your traffic tickets. If nothing more, they may be able to effectively negotiate with the courts on your behalf so your penalties can be more bearable. Your attorney may be able to help you retain your driver's license and reduce the monetary penalties that you are facing, which can have a huge impact on your ability to drive and how much money you have to come up with in the long run.
Whether you have received a traffic ticket for a red light violation, running through a stop sign, improper passing, speeding, following too closely, racing, reckless driving or failing to yield to an emergency vehicle, you may still be able to experience enormous benefits by having an experienced attorney fight your traffic ticket/s. So please, contact a criminal defense lawyer to start doing what you can to retain your driving privileges!
The Superior Law Center has been representing clients throughout San Diego County for more than 10 years. Their criminal defense firm has successfully represented over 1000 clients who were facing criminal charges. If you choose to go with their firm, they will do everything they can to unearth any mitigating circumstances that might to serve to get the charges against you reduced or dropped altogether. No matter how large or how small your case is, they will give your case the attention and tenacity that it deserves. They will stop at nothing to fight your charges tooth and nail in an effort to help you achieve a better outcome in your case. To discuss your case in a private consultation, contact a [http://www.sandiegocriminaldefenselawfirm.com/]San Diego criminal defense attorney from the firm at (888) 258-6185.
Article Source: [http://EzineArticles.com/?Why-Fight-Your-Traffic-Ticket&id=6616861] Why Fight Your Traffic Ticket
It happens to everyone at some point in time. They are driving along calmly until they see lights flashing in their rear-view mirror. What seemed like a pleasant day takes a turn for the worse as you are pulled over by the police in a routine traffic stop. Oftentimes breaking a traffic law happens entirely by accident. Maybe you were driving in a new area and didn't see a posted speed limit sign, or perhaps you accidentally blew through a stop sign that you didn't see until it was too late.
Being pulled over by the police can be a nerve-racking experience for the average person, not to mention humiliating. After receiving a ticket, most people think they have no other choice but to pay the fine. What most people don't realize is that by paying their traffic ticket, they are automatically admitting guilt. The truth is, people have the right to fight their traffic tickets in court, and sometimes they can win!
Some people have a lot to lose by having another ticket hit their driving record. The California DMV can add points to a driver's driving record for certain violations, which can result in a driver's license suspension, and increased insurance premiums. This is especially true if the driver has accumulated too many points within a specific amount of time.
Demerit Points for Traffic Violations in California
Every traffic offense has a different point value, and the DMV may assess these demerit points depending on the specific violation that has occurred. The Department of Motor Vehicles may suspend the license of a driver who has accumulated 4 or more points in 12 months, 6 points in 24 months or 8 points in 36 months.
The following are the point values of common traffic offenses in California:
Red light violation - 1 point
Improper lane use - 1 point
Following too closely - 1 point
Illegal passing - 1 point
Failure to yield right-of-way - 1 point
Improper u-turn - 1 point
Speeding - 1 point
Driving too slowly - 1 point
Reckless driving - 2 points
Hit and run causing injury or property damage - 2 points
Speeding over 100 miles per hour - 2 points
Racing - 2 points
DUI (driving under the influence) - 2 points
The state of California takes traffic tickets very seriously. In fact, by ignoring your traffic tickets, you could be facing possible arrest if you have too many traffic tickets that have not been paid. When people ignore their traffic tickets, or when they fail to appear in court, a bench warrant may be issued for their arrest. It is never a good idea to put off paying traffic tickets, it is absolutely imperative that you seek legal assistance from a qualified attorney before you automatically make an admission of guilt.
Fortunately, even with the worst traffic ticket cases you can always do something about it. Running from the law will only land you in more trouble. Having a seasoned lawyer by your side in traffic court will give you the greatest opportunity to fight your traffic tickets. If nothing more, they may be able to effectively negotiate with the courts on your behalf so your penalties can be more bearable. Your attorney may be able to help you retain your driver's license and reduce the monetary penalties that you are facing, which can have a huge impact on your ability to drive and how much money you have to come up with in the long run.
Whether you have received a traffic ticket for a red light violation, running through a stop sign, improper passing, speeding, following too closely, racing, reckless driving or failing to yield to an emergency vehicle, you may still be able to experience enormous benefits by having an experienced attorney fight your traffic ticket/s. So please, contact a criminal defense lawyer to start doing what you can to retain your driving privileges!
The Superior Law Center has been representing clients throughout San Diego County for more than 10 years. Their criminal defense firm has successfully represented over 1000 clients who were facing criminal charges. If you choose to go with their firm, they will do everything they can to unearth any mitigating circumstances that might to serve to get the charges against you reduced or dropped altogether. No matter how large or how small your case is, they will give your case the attention and tenacity that it deserves. They will stop at nothing to fight your charges tooth and nail in an effort to help you achieve a better outcome in your case. To discuss your case in a private consultation, contact a [http://www.sandiegocriminaldefenselawfirm.com/]San Diego criminal defense attorney from the firm at (888) 258-6185.
Article Source: [http://EzineArticles.com/?Why-Fight-Your-Traffic-Ticket&id=6616861] Why Fight Your Traffic Ticket
Thursday, February 9, 2012
Know Your Rights And Priveleges In Any Criminal Case
By [http://ezinearticles.com/?expert=Frye_Frank]Frye Frank
What if you find yourself in a situation where you have been arrested for a DUI? What steps should you take now? Those are easy questions to answer. Your first move should be to contact a knowledgeable DUI attorney that can protect you against these charges that have been brought against you, as well as protecting you rights under the law and helping you understand them. Simply because you have been charged with a DUI does not mean that your innocence is lost. Your innocence is protected by law until otherwise proven in court. Regardless, you are entitled to a solid representative in your corner that understands the laws and the ways that any type of criminal case is handled in court. As with any DUI or other criminal charges, the consequences for them both legal and ethical are enormous.
In a DUI charge, you face the potential of losing your driver's license, having huge fines to pay, an incredible rise in the cost of your auto insurance, probation and prison or jail time. Even losing your license could cause you incredible turmoil in your personal and business life. When you are charged for DUI and if the police take your driver's license away from you, they, in turn contact the Department of Motor Vehicles. The reason for this is for the police to notify them that you have been arrested for DUI, which, in turn, will prompt the DMV to suspend your license. As if this was not terrible enough, the District Attorney will in most cases file the DUI or other charges against you in court, resulting in the possibility of more criminal punishments. All of these things make is extraordinarily important that you contact a skilled DUI attorney as soon as you possibly can. Along with having a strong and intelligent legal representative, you may be able to avoid having your driver's license suspended with that help.
You do not want to just crack open a phone book and dial the first one that you point your finger at. It is imperative that you find a lawyer that practices principally in DUI and/or other criminal proceedings and protection of the accused. By retaining an attorney with extensive knowledge and experience, you may be able to avoid excessive restrictions being placed on you and your privileges. The only way to find out what an experienced DUI attorney may be able to help you with is to contact one with experience and working knowledge in the area that you need.
Along with DUI charges, some attorneys can protect your rights against undue encumbrance in other crimes such as domestic violence, sexual assault, violent crime, possession of controlled substances, and the sale of illegal drugs. Regardless of the crime that you have been accused of or charged with by police, you are innocent until you are proven guilty in a court of law. That, along with your right to an attorney are two rights that you are entitled to no matter what under the law. It is only in your best interest to take advantage of these rights and act immediately.
Protect your rights against DUI charges with a knowledgeable [http://www.christopherjshea.com]DUI attorney
Article Source: [http://EzineArticles.com/?Know-Your-Rights-And-Priveleges-In-Any-Criminal-Case&id=6632683] Know Your Rights And Priveleges In Any Criminal Case
What if you find yourself in a situation where you have been arrested for a DUI? What steps should you take now? Those are easy questions to answer. Your first move should be to contact a knowledgeable DUI attorney that can protect you against these charges that have been brought against you, as well as protecting you rights under the law and helping you understand them. Simply because you have been charged with a DUI does not mean that your innocence is lost. Your innocence is protected by law until otherwise proven in court. Regardless, you are entitled to a solid representative in your corner that understands the laws and the ways that any type of criminal case is handled in court. As with any DUI or other criminal charges, the consequences for them both legal and ethical are enormous.
In a DUI charge, you face the potential of losing your driver's license, having huge fines to pay, an incredible rise in the cost of your auto insurance, probation and prison or jail time. Even losing your license could cause you incredible turmoil in your personal and business life. When you are charged for DUI and if the police take your driver's license away from you, they, in turn contact the Department of Motor Vehicles. The reason for this is for the police to notify them that you have been arrested for DUI, which, in turn, will prompt the DMV to suspend your license. As if this was not terrible enough, the District Attorney will in most cases file the DUI or other charges against you in court, resulting in the possibility of more criminal punishments. All of these things make is extraordinarily important that you contact a skilled DUI attorney as soon as you possibly can. Along with having a strong and intelligent legal representative, you may be able to avoid having your driver's license suspended with that help.
You do not want to just crack open a phone book and dial the first one that you point your finger at. It is imperative that you find a lawyer that practices principally in DUI and/or other criminal proceedings and protection of the accused. By retaining an attorney with extensive knowledge and experience, you may be able to avoid excessive restrictions being placed on you and your privileges. The only way to find out what an experienced DUI attorney may be able to help you with is to contact one with experience and working knowledge in the area that you need.
Along with DUI charges, some attorneys can protect your rights against undue encumbrance in other crimes such as domestic violence, sexual assault, violent crime, possession of controlled substances, and the sale of illegal drugs. Regardless of the crime that you have been accused of or charged with by police, you are innocent until you are proven guilty in a court of law. That, along with your right to an attorney are two rights that you are entitled to no matter what under the law. It is only in your best interest to take advantage of these rights and act immediately.
Protect your rights against DUI charges with a knowledgeable [http://www.christopherjshea.com]DUI attorney
Article Source: [http://EzineArticles.com/?Know-Your-Rights-And-Priveleges-In-Any-Criminal-Case&id=6632683] Know Your Rights And Priveleges In Any Criminal Case
Tuesday, February 7, 2012
Nevada Drug Possession, Sale and Trafficking Laws
By [http://ezinearticles.com/?expert=Joel_M_Mann]Joel M Mann
The impact for a drug conviction can be severe for misdemeanor and felony offenses in Nevada. With the widespread use of background checks, a conviction can shut many doors for future employment opportunities. Certain fields may be especially thorough with background checks and will disqualify individuals with drug convictions. This includes many healthcare fields, law enforcement agencies, and other government bodies. Given what is at stake, it is important to understand the Nevada drug laws, even if you are being represented by a defense attorney.
Currently, Nevada laws severely punish individuals arrested for possession, manufacturing, cultivation and trafficking of illegal drugs. Commonly used drugs in this list include cocaine, heroin, opium, LSD, ecstasy and a variety of other narcotics. Chapter 453 of the Nevada Controlled Substances Act defines the schedule of drugs, offenses and penalties in the state. Some of the defined offenses are:
NRS 453.316 - Maintaining a place for unlawful sale, gift or use of a controlled substance
NRS 453.321 - Offer, attempt, or commission of unauthorized acts relating to controlled substances
NRS 453.322 - Offer, attempt, or commission of manufacturing or compounding of controlled substances
NRS 453.331 - Distribution of controlled substances, use of unauthorized registration number and possession of signed blank prescription forms
NRS 453.333 - Second or subsequence offense for selling a controlled substance to a minor
NRS 453.336 - Unlawful possession not for purpose of sale
NRS 453.337 - Unlawful possession for sale of flunitrazepam (Rohypnol), gamma-hydroxybutyrate (GHB) and schedule I or II substances
NRS 453.338 - Unlawful possession for sale of schedule III, IV, or V substances
NRS 453.3385 - Trafficking in controlled substances Trafficking in controlled substances: Rohypnol, GHB, and schedule I substances (not including marijuana)
NRS 453.339 - Marijuana trafficking
Penalties for drug crimes in Nevada can vary, depending on the specific criminal offense, circumstances of the arrest, amount of illegal drugs involved, previous criminal history of the alleged offender, and strength of the defense or prosecution's case. Under Nevada's Controlled Substances act, the most common offenses may be punished as follows:
Drug Possession, Not For Sale
Class E Felony (1st or 2nd offense,schedule I, II, III, or IV) - 1 to 4 years in state prison or probation and/or up to $5,000 in fines
Class D Felony (3rd or subsequent offense, schedule I, II, III, or IV) - between 1 and 4 years in state prison and/or up to $5,000 in fines
Class E Felony (1st offense, schedule V) - between 1 and 4 years in prison or probation and/or fines up to $5,000
Class D Felony (2nd or subsequent offense, schedule V) - 1 to 4 years in Nevada state prison and/or up to $5,000 in fines
Unlawful Possession of Schedule I or II Drugs, Rohypnol, or GHB
1st offense, category D felony - 1 to 4 years in state prison and/or up to $5,000 in fines
2nd offense, category C felony - between 1 and 4 non-probational years in Nevada state prison and/or up to $10,000 of fines
3rd or subsequent offense, category B felony - punishable by 3 to 15 non-probational years in state prison and/or a fine of up to $20,000 for each offense
Unlawful Possession for Sale of Schedule III, IV, or V Drugs
1st and second offense, category D felony - punishable by 1 to 4 non-probational years in state prison and/or up to $10,000 in fines
3rd or subsequent offense, category C felony - can be punished by 1 to 5 non-probational years in Nevada state prison and/or up to $10,000 in fines
Drug Trafficking (Schedule I)
Category B Felony (between 4 and 14 grams) - Punishable by 1 to 6 non-probational (mandatory prison) years in Nevada State Prison and/or up to $50,000 in fines
Category B Felony (between 14 and 28 grams) - Punishable by 2 to 15 non-probational (mandatory prison) years in Nevada State Prison and/or up to $100,000 in fines
Category A Felony (28 grams or more) - Punishable by 25 non-probational (mandatory prison) years to life and a fine of up to $500,000
However, Nevada has surprisingly moved to a certain level of acceptance regarding marijuana, along with many other states in the country. Nevada decriminalized the use of medical marijuana in 2001 when 65% of the state's voters moved to amend the state's constitution to recognize its legitimate use in a medical capacity. However, to remain in compliance with the state law, medical marijuana users must have documented permission from a physician.
Once registered with the Nevada Department of Health and Human Services: State Health Division, the individual can use, possess and grow marijuana to a certain extent (up to 1 ounce possession and up to 7 plants cultivated, only 3 of which can be mature). Note that Nevada has not decriminalized the use of marijuana for the general population like other states such as California, Connecticut and Mississippi have.
Currently there are several legal battles going on regarding the medical marijuana laws and how people can obtain medical marijuana. As the law stands today a person must produce their own medical marijuana to legally obtain medical marijuana. A person cannot get it from a centralized location like a dispensary. Additionally, even though the State of Nevada has approved the use of medical marijuana, the Federal government has not, and is starting to invoke Federal Law against those people using and growing medical marijuana. Be aware that even though you might be following State laws you can be arrested and convicted for violating Federal laws.
Possession of marijuana by non-approved medical users is still a serious criminal offense. Under Nevada's Controlled Substances Act, possession of non-medical marijuana offense can result in the following punishments:
Possession of 1 Ounce or Less of Marijuana
1st offense, misdemeanor - Fine up to $600 or drug abuse treatment examination
2nd offense, misdemeanor - Fine up to $1000 or drug treatment/rehabilitation program
3rd offense, gross misdemeanor - Up to 1 year in county jail and/or up to $2000 in fines
4th or subsequent offense, category E felony - between 1 and 4 years in state prison or probation and/or a fine up to $5,000
It's important to remember that an arrest for a drug-related crime does not necessarily mean a conviction will follow, regardless if the individual was charged with a misdemeanor or felony offense. If you have a defense attorney experienced in Nevada drug cases, he or she can use many of the details surrounding the case to your benefit. This can include improper search and investigation procedure, lack of probable cause to make a stop (in cases of vehicular arrests), constitutional right violations, competency of witnesses, and other miscellaneous facts.
Pleading guilty to a drug crime does not necessarily mean the defendant will receive a lighter sentence. Many individuals facing this situation also find it beneficial to retain an attorney from the moment of arrest, regardless of their state of innocence. Prosecution and law enforcement officials do not have the best interests of the accused in mind and details may be overlooked in their pursuit of justice. It is in your best interest to consult with a Nevada defense attorney about your legal options.
Throughout the years, [http://www.legalmann.com/CriminalDefense/DrugCharges.aspx]Las Vegas drug attorney Joel M. Mann has represented hundreds of cases for men, women and juveniles in Clark County and the surrounding areas. His grasp of Nevada drug laws and understanding of potential weaknesses in the prosecution have served as an asset in numerous misdemeanor and felony drug cases. In addition to drug, narcotics and marijuana-related cases, Joel M. Mann represents clients in cases of domestic violence, DUI/drunk driving, theft crimes, violent crimes, probation violation and a variety of other criminal offenses.
Article Source: [http://EzineArticles.com/?Nevada-Drug-Possession,-Sale-and-Trafficking-Laws&id=6634838] Nevada Drug Possession, Sale and Trafficking Laws
The impact for a drug conviction can be severe for misdemeanor and felony offenses in Nevada. With the widespread use of background checks, a conviction can shut many doors for future employment opportunities. Certain fields may be especially thorough with background checks and will disqualify individuals with drug convictions. This includes many healthcare fields, law enforcement agencies, and other government bodies. Given what is at stake, it is important to understand the Nevada drug laws, even if you are being represented by a defense attorney.
Currently, Nevada laws severely punish individuals arrested for possession, manufacturing, cultivation and trafficking of illegal drugs. Commonly used drugs in this list include cocaine, heroin, opium, LSD, ecstasy and a variety of other narcotics. Chapter 453 of the Nevada Controlled Substances Act defines the schedule of drugs, offenses and penalties in the state. Some of the defined offenses are:
NRS 453.316 - Maintaining a place for unlawful sale, gift or use of a controlled substance
NRS 453.321 - Offer, attempt, or commission of unauthorized acts relating to controlled substances
NRS 453.322 - Offer, attempt, or commission of manufacturing or compounding of controlled substances
NRS 453.331 - Distribution of controlled substances, use of unauthorized registration number and possession of signed blank prescription forms
NRS 453.333 - Second or subsequence offense for selling a controlled substance to a minor
NRS 453.336 - Unlawful possession not for purpose of sale
NRS 453.337 - Unlawful possession for sale of flunitrazepam (Rohypnol), gamma-hydroxybutyrate (GHB) and schedule I or II substances
NRS 453.338 - Unlawful possession for sale of schedule III, IV, or V substances
NRS 453.3385 - Trafficking in controlled substances Trafficking in controlled substances: Rohypnol, GHB, and schedule I substances (not including marijuana)
NRS 453.339 - Marijuana trafficking
Penalties for drug crimes in Nevada can vary, depending on the specific criminal offense, circumstances of the arrest, amount of illegal drugs involved, previous criminal history of the alleged offender, and strength of the defense or prosecution's case. Under Nevada's Controlled Substances act, the most common offenses may be punished as follows:
Drug Possession, Not For Sale
Class E Felony (1st or 2nd offense,schedule I, II, III, or IV) - 1 to 4 years in state prison or probation and/or up to $5,000 in fines
Class D Felony (3rd or subsequent offense, schedule I, II, III, or IV) - between 1 and 4 years in state prison and/or up to $5,000 in fines
Class E Felony (1st offense, schedule V) - between 1 and 4 years in prison or probation and/or fines up to $5,000
Class D Felony (2nd or subsequent offense, schedule V) - 1 to 4 years in Nevada state prison and/or up to $5,000 in fines
Unlawful Possession of Schedule I or II Drugs, Rohypnol, or GHB
1st offense, category D felony - 1 to 4 years in state prison and/or up to $5,000 in fines
2nd offense, category C felony - between 1 and 4 non-probational years in Nevada state prison and/or up to $10,000 of fines
3rd or subsequent offense, category B felony - punishable by 3 to 15 non-probational years in state prison and/or a fine of up to $20,000 for each offense
Unlawful Possession for Sale of Schedule III, IV, or V Drugs
1st and second offense, category D felony - punishable by 1 to 4 non-probational years in state prison and/or up to $10,000 in fines
3rd or subsequent offense, category C felony - can be punished by 1 to 5 non-probational years in Nevada state prison and/or up to $10,000 in fines
Drug Trafficking (Schedule I)
Category B Felony (between 4 and 14 grams) - Punishable by 1 to 6 non-probational (mandatory prison) years in Nevada State Prison and/or up to $50,000 in fines
Category B Felony (between 14 and 28 grams) - Punishable by 2 to 15 non-probational (mandatory prison) years in Nevada State Prison and/or up to $100,000 in fines
Category A Felony (28 grams or more) - Punishable by 25 non-probational (mandatory prison) years to life and a fine of up to $500,000
However, Nevada has surprisingly moved to a certain level of acceptance regarding marijuana, along with many other states in the country. Nevada decriminalized the use of medical marijuana in 2001 when 65% of the state's voters moved to amend the state's constitution to recognize its legitimate use in a medical capacity. However, to remain in compliance with the state law, medical marijuana users must have documented permission from a physician.
Once registered with the Nevada Department of Health and Human Services: State Health Division, the individual can use, possess and grow marijuana to a certain extent (up to 1 ounce possession and up to 7 plants cultivated, only 3 of which can be mature). Note that Nevada has not decriminalized the use of marijuana for the general population like other states such as California, Connecticut and Mississippi have.
Currently there are several legal battles going on regarding the medical marijuana laws and how people can obtain medical marijuana. As the law stands today a person must produce their own medical marijuana to legally obtain medical marijuana. A person cannot get it from a centralized location like a dispensary. Additionally, even though the State of Nevada has approved the use of medical marijuana, the Federal government has not, and is starting to invoke Federal Law against those people using and growing medical marijuana. Be aware that even though you might be following State laws you can be arrested and convicted for violating Federal laws.
Possession of marijuana by non-approved medical users is still a serious criminal offense. Under Nevada's Controlled Substances Act, possession of non-medical marijuana offense can result in the following punishments:
Possession of 1 Ounce or Less of Marijuana
1st offense, misdemeanor - Fine up to $600 or drug abuse treatment examination
2nd offense, misdemeanor - Fine up to $1000 or drug treatment/rehabilitation program
3rd offense, gross misdemeanor - Up to 1 year in county jail and/or up to $2000 in fines
4th or subsequent offense, category E felony - between 1 and 4 years in state prison or probation and/or a fine up to $5,000
It's important to remember that an arrest for a drug-related crime does not necessarily mean a conviction will follow, regardless if the individual was charged with a misdemeanor or felony offense. If you have a defense attorney experienced in Nevada drug cases, he or she can use many of the details surrounding the case to your benefit. This can include improper search and investigation procedure, lack of probable cause to make a stop (in cases of vehicular arrests), constitutional right violations, competency of witnesses, and other miscellaneous facts.
Pleading guilty to a drug crime does not necessarily mean the defendant will receive a lighter sentence. Many individuals facing this situation also find it beneficial to retain an attorney from the moment of arrest, regardless of their state of innocence. Prosecution and law enforcement officials do not have the best interests of the accused in mind and details may be overlooked in their pursuit of justice. It is in your best interest to consult with a Nevada defense attorney about your legal options.
Throughout the years, [http://www.legalmann.com/CriminalDefense/DrugCharges.aspx]Las Vegas drug attorney Joel M. Mann has represented hundreds of cases for men, women and juveniles in Clark County and the surrounding areas. His grasp of Nevada drug laws and understanding of potential weaknesses in the prosecution have served as an asset in numerous misdemeanor and felony drug cases. In addition to drug, narcotics and marijuana-related cases, Joel M. Mann represents clients in cases of domestic violence, DUI/drunk driving, theft crimes, violent crimes, probation violation and a variety of other criminal offenses.
Article Source: [http://EzineArticles.com/?Nevada-Drug-Possession,-Sale-and-Trafficking-Laws&id=6634838] Nevada Drug Possession, Sale and Trafficking Laws
Sunday, February 5, 2012
Challenging Sexual Assault Allegations
By [http://ezinearticles.com/?expert=Brandon_Hudson]Brandon Hudson
Sexual assault is defined in Texas Penal Code, Title 5 "Offenses Against the Person", Chapter 22 "Assaultive Offenses", Section 22.011 "Sexual Assault". Though some people associate sexual assault with sexual abuse, which is actually somewhat of a lesser offense that may include molestation or inappropriate touching, sexual assault is defined in Texas Penal Code as engaging in sexual intercourse (including penetration) with another person in the following circumstances:
By force, threats or violence;
By coercion or fraud;
When the victim is unconscious or physically or mentally incapacitated; or
When the victim is a child under the age of 17 (a child is unable to legally give consent to sexual intercourse with an adult because he or she is below the age of consent).
The penalties for sexual assault will vary depending on the specific nature of the offense as well as the age of the alleged victim and perpetrator. The criminal history, if any, of the defendant may also play a role in the potential sentence that a defendant faces.
Many sexual assault cases are of the "he said - she said" variety. Most sexual assaults consist of an allegation by a complainant only, with no eyewitness or corroborating evidence. Most people believe that such an allegation must be true. After all, why would someone ever make up such a thing?
People do make up false charges and the motives can be easily detected or hidden deep within the mind of the accuser. Sometimes the obvious examples are jealousy, revenge, attention, and divorce. Sometimes, no motive is apparent. Such allegations can be made by adults or by children. Children's motives are wide-ranging and can be difficult to ever uncover without a proper investigation. A child may have been subject to influence by an older person with a motive or a well-meaning child advocacy center that has influenced the child by poor investigative procedure. Or it may be based on something the child has seen, heard, or experienced somewhere else.
To properly prove that a person has been wrongfully accused, the lawyer must possess good cross-examination and trial skills, a thorough investigation must be completed quickly, all witnesses interviewed and medical records evaluated. The lawyer should be able to walk into the courtroom with the confidence that he or she knows the case inside out and better than anyone else in that courtroom.
Case preparation will look for inconsistencies within the testimony of a witness, inconsistencies between two separate pieces of evidence and lack of evidence in the medical examination conducted right after the alleged attack.
We look for evidence regarding behavior that is questionable in light of the allegations. This type of evidence may relate to behavior before, during, or after the alleged incident. Previous sworn testimony that reveals a lie may be found in CPS reports or doctors notes. Lies may be revealed in what was said in earlier testimony, court proceeding or to investigators. It is very important to scrutinize what was said to the police during the investigation, or what was said to someone else such as another witness, a friend, a relative, or a doctor. The exposed lie is a powerful weapon that can make some cases be dismissed without even having to go to trial.
These are a few examples of the difficulties that often exist in a case where sexual assault is alleged. However, each case is unique and a cookie-cutter approach should never be applied when building a defense.
Such cases require a criminal defense lawyer that is specialized in criminal law and has handled many sexual assault cases. It is imperative that the attorney and the client work closely together early so an investigation can bring all the relevant facts to light and the best possible defense can be presented and a victory can be achieved.
Daniel & Hudson is a San Antonio law firm comprised of Texas Board-Certified lawyers who specialize in criminal defense. The accomplished legal team has over 40 years of combined experience and have been named "Best Lawyers in San Antonio" for five consecutive years. The attorneys at the firm have an arsenal of tools and experience to use when defending the accused and using these skills, they strive to obtain the best results possible for each and every client they represent. For additional information please visit the firm's website at [http://www.sanantoniocriminaldefenselawfirm.com]http://www.sanantoniocriminaldefenselawfirm.com.
Article Source: [http://EzineArticles.com/?Challenging-Sexual-Assault-Allegations&id=6614725] Challenging Sexual Assault Allegations
Sexual assault is defined in Texas Penal Code, Title 5 "Offenses Against the Person", Chapter 22 "Assaultive Offenses", Section 22.011 "Sexual Assault". Though some people associate sexual assault with sexual abuse, which is actually somewhat of a lesser offense that may include molestation or inappropriate touching, sexual assault is defined in Texas Penal Code as engaging in sexual intercourse (including penetration) with another person in the following circumstances:
By force, threats or violence;
By coercion or fraud;
When the victim is unconscious or physically or mentally incapacitated; or
When the victim is a child under the age of 17 (a child is unable to legally give consent to sexual intercourse with an adult because he or she is below the age of consent).
The penalties for sexual assault will vary depending on the specific nature of the offense as well as the age of the alleged victim and perpetrator. The criminal history, if any, of the defendant may also play a role in the potential sentence that a defendant faces.
Many sexual assault cases are of the "he said - she said" variety. Most sexual assaults consist of an allegation by a complainant only, with no eyewitness or corroborating evidence. Most people believe that such an allegation must be true. After all, why would someone ever make up such a thing?
People do make up false charges and the motives can be easily detected or hidden deep within the mind of the accuser. Sometimes the obvious examples are jealousy, revenge, attention, and divorce. Sometimes, no motive is apparent. Such allegations can be made by adults or by children. Children's motives are wide-ranging and can be difficult to ever uncover without a proper investigation. A child may have been subject to influence by an older person with a motive or a well-meaning child advocacy center that has influenced the child by poor investigative procedure. Or it may be based on something the child has seen, heard, or experienced somewhere else.
To properly prove that a person has been wrongfully accused, the lawyer must possess good cross-examination and trial skills, a thorough investigation must be completed quickly, all witnesses interviewed and medical records evaluated. The lawyer should be able to walk into the courtroom with the confidence that he or she knows the case inside out and better than anyone else in that courtroom.
Case preparation will look for inconsistencies within the testimony of a witness, inconsistencies between two separate pieces of evidence and lack of evidence in the medical examination conducted right after the alleged attack.
We look for evidence regarding behavior that is questionable in light of the allegations. This type of evidence may relate to behavior before, during, or after the alleged incident. Previous sworn testimony that reveals a lie may be found in CPS reports or doctors notes. Lies may be revealed in what was said in earlier testimony, court proceeding or to investigators. It is very important to scrutinize what was said to the police during the investigation, or what was said to someone else such as another witness, a friend, a relative, or a doctor. The exposed lie is a powerful weapon that can make some cases be dismissed without even having to go to trial.
These are a few examples of the difficulties that often exist in a case where sexual assault is alleged. However, each case is unique and a cookie-cutter approach should never be applied when building a defense.
Such cases require a criminal defense lawyer that is specialized in criminal law and has handled many sexual assault cases. It is imperative that the attorney and the client work closely together early so an investigation can bring all the relevant facts to light and the best possible defense can be presented and a victory can be achieved.
Daniel & Hudson is a San Antonio law firm comprised of Texas Board-Certified lawyers who specialize in criminal defense. The accomplished legal team has over 40 years of combined experience and have been named "Best Lawyers in San Antonio" for five consecutive years. The attorneys at the firm have an arsenal of tools and experience to use when defending the accused and using these skills, they strive to obtain the best results possible for each and every client they represent. For additional information please visit the firm's website at [http://www.sanantoniocriminaldefenselawfirm.com]http://www.sanantoniocriminaldefenselawfirm.com.
Article Source: [http://EzineArticles.com/?Challenging-Sexual-Assault-Allegations&id=6614725] Challenging Sexual Assault Allegations
Friday, February 3, 2012
What to Look For in a Memphis Criminal Defense Lawyer
By [http://ezinearticles.com/?expert=Patrick_Stegall]Patrick Stegall
If you have been arrested or been issued a misdemeanor citation in Memphis, Tennessee, one of the first things you're going to have to do is hire a lawyer. This can be a daunting task if you don't know one, and especially so if this is your first run-in with the law. You're probably confused and don't know what to do. That's ok. This article will help you out.
Memphis and Shelby County, Tennessee have over 4,000 lawyers. That's a lot. Why so many? Perhaps it's because Memphis is a big city in a largely rural region. The greater Memphis area has a population of around 1 million people. Many people come here for work, family, and other purposes. Another reason is probably because of the Cecil C. Humphreys Law School at the University of Memphis, located at 1 North Front Street. It's one of only three accredited law schools in Tennessee, so it attracts a lot of students. Many of those students stay in Memphis after graduation and start their practice here.
For the individual in need of a Memphis criminal defense lawyer, this means they will have to do some research before their selection. The most important thing to look for, in my opinion, is an attorney who dedicates his or her practice exclusively to criminal defense. As you begin your search for a Memphis criminal attorney, you'll see that there are a lot of lawyers in a lot of different areas. What you want is a specialist, not a general practicioner. You don't want someone who practices bankruptcy, divorce, personal injury, or other areas in addition to criminal law. You want a criminal attorney, pure and simple.
Think about it. The best criminal lawyers are the ones who practice criminal law exclusively. They're going to know the law and the procedure regarding your case. They're going to know each judge's particular traits and habits. They're going to know the prosecutors, and who to go to work out a deal. The Memphis criminal courthouse is located at 201 Poplar Avenue, which is downtown. The best criminal lawyers will be there everyday. Do not hire someone who just dabbles in criminal defense, or does it in addition to numerous other practice areas.
If you're charged with DUI, shoplifting, drug possession, or any other crime in Memphis, you want to be represented by someone who has handled dozens, if not hundreds of those types of cases before. Only a dedicated Memphis criminal lawyer will have that kind of experience. In your research, you should ask the attorney how much experience they have with your type of case. You should ask what options you have for disposing of the case and keeping it off your record, and about ways to challenge the evidence if you want to go to trial. You should also ask what the worst case scenario would be if you were convicted as charged.
Remember, there are over 4,000 lawyers in Memphis, but if you've been charged with a crime you need to whittle your search down to experienced, competent criminal attorneys. You can find them by reviewing their website, and asking them specific questions about your case. If the lawyer can't answer those questions honestly and competently, you should move on in your search.
Patrick Stegall is an experienced Memphis criminal defense lawyer. He limits his practice exclusively to criminal law. Mr. Stegall handles matters ranging from traffic violations to major felonies. He specializes in helping first-time offenders stay out of jail and keep a criminal conviction off their record. Please visit him online at http://www.stegall-law.com
Article Source: [http://EzineArticles.com/?What-to-Look-For-in-a-Memphis-Criminal-Defense-Lawyer&id=6628562] What to Look For in a Memphis Criminal Defense Lawyer
If you have been arrested or been issued a misdemeanor citation in Memphis, Tennessee, one of the first things you're going to have to do is hire a lawyer. This can be a daunting task if you don't know one, and especially so if this is your first run-in with the law. You're probably confused and don't know what to do. That's ok. This article will help you out.
Memphis and Shelby County, Tennessee have over 4,000 lawyers. That's a lot. Why so many? Perhaps it's because Memphis is a big city in a largely rural region. The greater Memphis area has a population of around 1 million people. Many people come here for work, family, and other purposes. Another reason is probably because of the Cecil C. Humphreys Law School at the University of Memphis, located at 1 North Front Street. It's one of only three accredited law schools in Tennessee, so it attracts a lot of students. Many of those students stay in Memphis after graduation and start their practice here.
For the individual in need of a Memphis criminal defense lawyer, this means they will have to do some research before their selection. The most important thing to look for, in my opinion, is an attorney who dedicates his or her practice exclusively to criminal defense. As you begin your search for a Memphis criminal attorney, you'll see that there are a lot of lawyers in a lot of different areas. What you want is a specialist, not a general practicioner. You don't want someone who practices bankruptcy, divorce, personal injury, or other areas in addition to criminal law. You want a criminal attorney, pure and simple.
Think about it. The best criminal lawyers are the ones who practice criminal law exclusively. They're going to know the law and the procedure regarding your case. They're going to know each judge's particular traits and habits. They're going to know the prosecutors, and who to go to work out a deal. The Memphis criminal courthouse is located at 201 Poplar Avenue, which is downtown. The best criminal lawyers will be there everyday. Do not hire someone who just dabbles in criminal defense, or does it in addition to numerous other practice areas.
If you're charged with DUI, shoplifting, drug possession, or any other crime in Memphis, you want to be represented by someone who has handled dozens, if not hundreds of those types of cases before. Only a dedicated Memphis criminal lawyer will have that kind of experience. In your research, you should ask the attorney how much experience they have with your type of case. You should ask what options you have for disposing of the case and keeping it off your record, and about ways to challenge the evidence if you want to go to trial. You should also ask what the worst case scenario would be if you were convicted as charged.
Remember, there are over 4,000 lawyers in Memphis, but if you've been charged with a crime you need to whittle your search down to experienced, competent criminal attorneys. You can find them by reviewing their website, and asking them specific questions about your case. If the lawyer can't answer those questions honestly and competently, you should move on in your search.
Patrick Stegall is an experienced Memphis criminal defense lawyer. He limits his practice exclusively to criminal law. Mr. Stegall handles matters ranging from traffic violations to major felonies. He specializes in helping first-time offenders stay out of jail and keep a criminal conviction off their record. Please visit him online at http://www.stegall-law.com
Article Source: [http://EzineArticles.com/?What-to-Look-For-in-a-Memphis-Criminal-Defense-Lawyer&id=6628562] What to Look For in a Memphis Criminal Defense Lawyer
Wednesday, February 1, 2012
The 'Terry Stop': A Review of the Stop and Frisk Police Procedure
By [http://ezinearticles.com/?expert=Moseley_M_Matheson]Moseley M Matheson
Though most Americans interactions with a police stop are limited to just traffic violations, there are other opportunities for a Police Officer to question an individual. Some may know that a Police Officer can speak with the average citizen; what many may not realize is how easily they can search a person who is not yet under arrest. This search is what is known as the 'Terry Stop.' The Terry Stop is ground in case law from a case out of Ohio. The following will briefly review that case and cover how the stop is permitted, and what options the Police Officer has available to them once the stop has commenced; namely a frisk.
The case in question is known as Terry v. Ohio. In this case, the Defendant, John Terry was charged with carrying a conceal weapon. The weapon, a pistol, was discovered during a search of Mr. Terry. Mr. Terry fought the search as unconstitutional. The constitutionality of the search was ultimately determined by the United States Supreme Court in a landmark case which created new limits on an individuals rights to be secure in their person from unreasonable searches.
Mr. Terry was observed, along with two other companions, in front of a store by a police officer. The three took turns walking up to the window and looking in, then walking back to the other two, where they appeared to discuss something. The Police Officer believed the three were planning a robbery of the store and were 'casing' it before the robbery took place. The Officer approached the three and asked for their names. The three were not terribly forthcoming with the Officer. At that point, the Police Officer turned Mr. Terry around and patted down his outer clothing. The Officer felt what he believed to be a revolver. He reached into Mr. Terry's pocket and pulled out the revolver. He searched the other two and discovered an additional revolver.
This case created the 'Stop and Frisk' as it is known. In order to complete a stop and frisk, the Police Officer must only have 'reasonable suspicion' of a crime being committed or about to be committed. Reasonable suspicion is a very low standard to be met, basically the Officer must only have some stated reason to believe the crime is being, or about to be, committed. For comparison reasons, in order to arrest an individual, the Police Officer must have 'Probable Cause,' which is, it is more probable than not that a crime is being, or about to be, committed. Once the Terry Stop has taken place, the Officer can ask the individual questions to try and ascertain whether a crime is being committed.
During the Terry Stop, if the Officer has a reason to believe that the individual is armed, they may pat down the outer clothing of that individual for weapons. During the pat down, if the Officer feels any contraband, which can readily be determined as contraband by feeling it through the clothing, they may now reach into the inner clothing for the potential contraband. Therefore, this pat down will not only result in discovery of weapons, but also anything else which could be illegal AND is obvious that it is contraband by feeling it through the outer clothing. Common examples of this are drugs, like a powdery substance in a baggy or a syringe.
Because of the low 'reasonable suspicion' standard, an Officer needs very little activity on the part of the citizen, to justify stopping them and asking them questions. Once stopped, the Officer can again conceive a minimum reason to believe they are armed which will permit a pat down of the outer clothing. This pat down was justified on the grounds of ensuring the safety of Police Officers, which is important. However, individual liberties can be at stake if a Stop and Frisk is complete for reasons not grounded in this law.
For advice on how your State handles the administration of this Police technique, it is important to speak with local Criminal Attorney for advice.
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.
Article Source: [http://EzineArticles.com/?The-Terry-Stop:-A-Review-of-the-Stop-and-Frisk-Police-Procedure&id=6637035] The 'Terry Stop': A Review of the Stop and Frisk Police Procedure
Though most Americans interactions with a police stop are limited to just traffic violations, there are other opportunities for a Police Officer to question an individual. Some may know that a Police Officer can speak with the average citizen; what many may not realize is how easily they can search a person who is not yet under arrest. This search is what is known as the 'Terry Stop.' The Terry Stop is ground in case law from a case out of Ohio. The following will briefly review that case and cover how the stop is permitted, and what options the Police Officer has available to them once the stop has commenced; namely a frisk.
The case in question is known as Terry v. Ohio. In this case, the Defendant, John Terry was charged with carrying a conceal weapon. The weapon, a pistol, was discovered during a search of Mr. Terry. Mr. Terry fought the search as unconstitutional. The constitutionality of the search was ultimately determined by the United States Supreme Court in a landmark case which created new limits on an individuals rights to be secure in their person from unreasonable searches.
Mr. Terry was observed, along with two other companions, in front of a store by a police officer. The three took turns walking up to the window and looking in, then walking back to the other two, where they appeared to discuss something. The Police Officer believed the three were planning a robbery of the store and were 'casing' it before the robbery took place. The Officer approached the three and asked for their names. The three were not terribly forthcoming with the Officer. At that point, the Police Officer turned Mr. Terry around and patted down his outer clothing. The Officer felt what he believed to be a revolver. He reached into Mr. Terry's pocket and pulled out the revolver. He searched the other two and discovered an additional revolver.
This case created the 'Stop and Frisk' as it is known. In order to complete a stop and frisk, the Police Officer must only have 'reasonable suspicion' of a crime being committed or about to be committed. Reasonable suspicion is a very low standard to be met, basically the Officer must only have some stated reason to believe the crime is being, or about to be, committed. For comparison reasons, in order to arrest an individual, the Police Officer must have 'Probable Cause,' which is, it is more probable than not that a crime is being, or about to be, committed. Once the Terry Stop has taken place, the Officer can ask the individual questions to try and ascertain whether a crime is being committed.
During the Terry Stop, if the Officer has a reason to believe that the individual is armed, they may pat down the outer clothing of that individual for weapons. During the pat down, if the Officer feels any contraband, which can readily be determined as contraband by feeling it through the clothing, they may now reach into the inner clothing for the potential contraband. Therefore, this pat down will not only result in discovery of weapons, but also anything else which could be illegal AND is obvious that it is contraband by feeling it through the outer clothing. Common examples of this are drugs, like a powdery substance in a baggy or a syringe.
Because of the low 'reasonable suspicion' standard, an Officer needs very little activity on the part of the citizen, to justify stopping them and asking them questions. Once stopped, the Officer can again conceive a minimum reason to believe they are armed which will permit a pat down of the outer clothing. This pat down was justified on the grounds of ensuring the safety of Police Officers, which is important. However, individual liberties can be at stake if a Stop and Frisk is complete for reasons not grounded in this law.
For advice on how your State handles the administration of this Police technique, it is important to speak with local Criminal Attorney for advice.
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.
Article Source: [http://EzineArticles.com/?The-Terry-Stop:-A-Review-of-the-Stop-and-Frisk-Police-Procedure&id=6637035] The 'Terry Stop': A Review of the Stop and Frisk Police Procedure
Monday, January 30, 2012
Mistakes That Can Jeopardize Your DUI Case
By [http://ezinearticles.com/?expert=R_J_Manuelian]R J Manuelian
DUI charges can be confusing at times. There may be potential loop holes and pitfalls in DUI offenses that should be understood clearly. Following are some of the common mistakes made by the convict after the DUI arrest. Knowing the most common mistakes and how to correct them will help the convict to make an informed decision.
1. "I Don't Need a Lawyer."
If you have been charged with a DUI offense, you have some very important decisions to make. A conviction will likely follow you for the rest of your life. The "other side" will have a lawyer representing its interests against you. If you are relying upon the prosecuting attorney to advise you of your best interests, you are making a big mistake.
2. Choosing a wrong attorney.
If you have been arrested for driving while under the influence, your lawyer may be able to get your charges rejected or request an "in-office hearing" before your charges are filed. This may avoid going to court all together. However, not all attorneys are alike. In many instances the outcome of your case may hinge more on having the right DUI attorney rather than the case law in your favor. Ask these questions: How frequently they handle DUI cases? How they keep up with the changes in the laws? You can check the attorney's website, which often lists the attorney's experience, education, and speaking engagements.
3. Not taking the conviction seriously.
DUI is a charge that could follow you for years. Your insurance company may also cancel or raise your rates by thousands of dollars based on your conviction. You may face probation for extended years, and license suspension. And finally, it is alarming how you may ruin your career.
4. Talking to the police.
Don't let the police try to coerce you into talking. Always be polite but firm and tell the officers that you are invoking your right to remain silent and do not want to speak with any of them until your drunk driving attorney is present.
5. Pleading guilty without a good investigation.
Many people plead guilty with woefully inadequate information about the consequences of their plea. The truth is, by pleading guilty or no contest to DUI, you may never be able to put it behind you. Immediately pleading guilty does not allow your lawyer to properly scrutinize the case for errors. Often there are police errors, and discrepancies in the case that could allow your DUI charges to be dismissed. A qualified DUI lawyer could assist in finding these errors; however, if you quickly plead guilty, your attorney will not be able to explore these possible defenses in your case.
6. Do not hide anything from your attorney.
Honesty is paramount in DUI cases. Even if a potential client is successful in hiding information from his or her lawyer during the initial consultation, that evidence will eventually surface during the proceedings. Your attorney can evaluate the case better if he or she knows all of the evidence from the very beginning.
7. Speaking with anyone other than your lawyer about your case.
Remember that anything you say may be manipulated by the prosecution to indicate your guilt. Protect your right to remain silent, and, aside from your criminal defense lawyer, don't speak to anyone about your case. You have the right to remain silent and refuse to answer questions. Anything you do say may be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. However, if you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
If you or a loved one has been charged with a DUI crime, it is imperative that you seek the counsel of a qualified drunk driving attorney. Unfortunately, relatively minor mistakes can jeopardize your case. Therefore, the most important move you can make is to contact an experienced attorney as soon as you are convicted. A good DUI attorney will obtain your driving record, get all the facts, and often, will never let you down.
If you or a loved one has been accused of any DUI crime, our [http://www.manuelianlawfirm.com/dui-rights.html]DUI lawyers in Los Angeles can help. The consequences for a conviction on crime can be severe and life-changing. At the Manuelian Law Firm, our [http://www.manuelianlawfirm.com/theft-robbery.html]Los Angeles theft defense lawyer will see that your legal rights are protected and that you receive a fair trial.
Article Source: [http://EzineArticles.com/?Mistakes-That-Can-Jeopardize-Your-DUI-Case&id=6638361] Mistakes That Can Jeopardize Your DUI Case
DUI charges can be confusing at times. There may be potential loop holes and pitfalls in DUI offenses that should be understood clearly. Following are some of the common mistakes made by the convict after the DUI arrest. Knowing the most common mistakes and how to correct them will help the convict to make an informed decision.
1. "I Don't Need a Lawyer."
If you have been charged with a DUI offense, you have some very important decisions to make. A conviction will likely follow you for the rest of your life. The "other side" will have a lawyer representing its interests against you. If you are relying upon the prosecuting attorney to advise you of your best interests, you are making a big mistake.
2. Choosing a wrong attorney.
If you have been arrested for driving while under the influence, your lawyer may be able to get your charges rejected or request an "in-office hearing" before your charges are filed. This may avoid going to court all together. However, not all attorneys are alike. In many instances the outcome of your case may hinge more on having the right DUI attorney rather than the case law in your favor. Ask these questions: How frequently they handle DUI cases? How they keep up with the changes in the laws? You can check the attorney's website, which often lists the attorney's experience, education, and speaking engagements.
3. Not taking the conviction seriously.
DUI is a charge that could follow you for years. Your insurance company may also cancel or raise your rates by thousands of dollars based on your conviction. You may face probation for extended years, and license suspension. And finally, it is alarming how you may ruin your career.
4. Talking to the police.
Don't let the police try to coerce you into talking. Always be polite but firm and tell the officers that you are invoking your right to remain silent and do not want to speak with any of them until your drunk driving attorney is present.
5. Pleading guilty without a good investigation.
Many people plead guilty with woefully inadequate information about the consequences of their plea. The truth is, by pleading guilty or no contest to DUI, you may never be able to put it behind you. Immediately pleading guilty does not allow your lawyer to properly scrutinize the case for errors. Often there are police errors, and discrepancies in the case that could allow your DUI charges to be dismissed. A qualified DUI lawyer could assist in finding these errors; however, if you quickly plead guilty, your attorney will not be able to explore these possible defenses in your case.
6. Do not hide anything from your attorney.
Honesty is paramount in DUI cases. Even if a potential client is successful in hiding information from his or her lawyer during the initial consultation, that evidence will eventually surface during the proceedings. Your attorney can evaluate the case better if he or she knows all of the evidence from the very beginning.
7. Speaking with anyone other than your lawyer about your case.
Remember that anything you say may be manipulated by the prosecution to indicate your guilt. Protect your right to remain silent, and, aside from your criminal defense lawyer, don't speak to anyone about your case. You have the right to remain silent and refuse to answer questions. Anything you do say may be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. However, if you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
If you or a loved one has been charged with a DUI crime, it is imperative that you seek the counsel of a qualified drunk driving attorney. Unfortunately, relatively minor mistakes can jeopardize your case. Therefore, the most important move you can make is to contact an experienced attorney as soon as you are convicted. A good DUI attorney will obtain your driving record, get all the facts, and often, will never let you down.
If you or a loved one has been accused of any DUI crime, our [http://www.manuelianlawfirm.com/dui-rights.html]DUI lawyers in Los Angeles can help. The consequences for a conviction on crime can be severe and life-changing. At the Manuelian Law Firm, our [http://www.manuelianlawfirm.com/theft-robbery.html]Los Angeles theft defense lawyer will see that your legal rights are protected and that you receive a fair trial.
Article Source: [http://EzineArticles.com/?Mistakes-That-Can-Jeopardize-Your-DUI-Case&id=6638361] Mistakes That Can Jeopardize Your DUI Case
Saturday, January 28, 2012
Explaining DUI Expungements
By [http://ezinearticles.com/?expert=Jeffrey_Gold]Jeffrey Gold
The legal process of expunction allows you to hide the DUI mark on your record from anyone other than a court representative. Also commonly referred to as "sealing," a DUI expungement essentially seals your record. As a result, it removes the possibility of anyone being able to view your drinking and driving offense. Your charge will not actually disappear; rather, it will remain on record in the court system. However, any individual or company that may be searching your background and criminal history will be unable to view the mark on your record. For all intents and purposes it is as good as having a clean record.
Not everyone is eligible for expungement; only cases that are not sentenced to a term in state prison will be allowed to seal a criminal offense. Fortunately, cases of DUI fall into the category of record sealing eligibility. An application is required to petition for your right to expunge a DUI from your record and the process is no easy feat. Therefore, it is best done with the legal assistance of an experienced attorney who can ensure that the legal process is attended to correctly. In order to successfully be granted expungement you will be expected to have fulfilled your probation conditions to the fullest extent. Any fines that you may owe need to be paid off, any community services hours you were committed to do need to be completed and any alcohol programs that you were assigned to need to be finished before the relief of an expunction will even be considered.
Being convicted of driving while under the influence can happen after having only one or two drinks, but the social stigma that is attached to a DUI charge does not make exceptions for the number of drinks you had or the circumstances that led to your arrest and conviction. Whether you feel that you were falsely charged or you simply misjudged your limits, a drunk driving charge has the potential to follow you for the rest of your life. Fortunately, expunction is a form of legal relief for the matter.
The expungement process will effectively set aside the judgment that was made against you. A new "not guilty" judgment will be entered, your conviction will be set aside and the complaint that was made against you will be dismissed. In essence, it will be as if the DUI charge never existed. You will not be obligated to disclose the DUI conviction on job applications or business interviews because the seal prevents future employees from ever seeing the mark on your record.
This is the best form of post-conviction relief that anyone who has been charged with a DUI could possibly find. The potential benefits of officially sealing your record and removing the possibility of someone else discovering the mark can be extremely freeing. However, the rewards of a DUI expungement do not come without a cost. The process is pricey and must be fulfilled strictly according to the legal procedure. Therefore, it should only be handled by a DUI expungement lawyer who knows how to properly proceed with the paperwork and application process. For those who never imagined that their futures would hold a drinking and driving offense, this is the perfect way to repeal the unfortunate circumstance.
Gold & Witham, Attorneys at Law is a Los Angeles firm serving residents throughout the county and surrounding areas, including Orange County. Associates at the firm have tailored their practice to the belief that the greatest defense is born from personalized service. The quality of care and attention that they dedicate to each client that enters their office are a direct reflection of their philosophy that an individual's needs and concerns deserve to be addressed uniquely, rather than by a standard set of DUI defense procedures. The firm's partners have 40 years of combined experience that they will put to work on behalf of any individual in need of expertise in the legal field. Contact a [http://www.wedodui.com/]Los Angeles DUI expungement lawyer at 800-716-6791 for a free case evaluation.
Article Source: [http://EzineArticles.com/?Explaining-DUI-Expungements&id=6640030] Explaining DUI Expungements
The legal process of expunction allows you to hide the DUI mark on your record from anyone other than a court representative. Also commonly referred to as "sealing," a DUI expungement essentially seals your record. As a result, it removes the possibility of anyone being able to view your drinking and driving offense. Your charge will not actually disappear; rather, it will remain on record in the court system. However, any individual or company that may be searching your background and criminal history will be unable to view the mark on your record. For all intents and purposes it is as good as having a clean record.
Not everyone is eligible for expungement; only cases that are not sentenced to a term in state prison will be allowed to seal a criminal offense. Fortunately, cases of DUI fall into the category of record sealing eligibility. An application is required to petition for your right to expunge a DUI from your record and the process is no easy feat. Therefore, it is best done with the legal assistance of an experienced attorney who can ensure that the legal process is attended to correctly. In order to successfully be granted expungement you will be expected to have fulfilled your probation conditions to the fullest extent. Any fines that you may owe need to be paid off, any community services hours you were committed to do need to be completed and any alcohol programs that you were assigned to need to be finished before the relief of an expunction will even be considered.
Being convicted of driving while under the influence can happen after having only one or two drinks, but the social stigma that is attached to a DUI charge does not make exceptions for the number of drinks you had or the circumstances that led to your arrest and conviction. Whether you feel that you were falsely charged or you simply misjudged your limits, a drunk driving charge has the potential to follow you for the rest of your life. Fortunately, expunction is a form of legal relief for the matter.
The expungement process will effectively set aside the judgment that was made against you. A new "not guilty" judgment will be entered, your conviction will be set aside and the complaint that was made against you will be dismissed. In essence, it will be as if the DUI charge never existed. You will not be obligated to disclose the DUI conviction on job applications or business interviews because the seal prevents future employees from ever seeing the mark on your record.
This is the best form of post-conviction relief that anyone who has been charged with a DUI could possibly find. The potential benefits of officially sealing your record and removing the possibility of someone else discovering the mark can be extremely freeing. However, the rewards of a DUI expungement do not come without a cost. The process is pricey and must be fulfilled strictly according to the legal procedure. Therefore, it should only be handled by a DUI expungement lawyer who knows how to properly proceed with the paperwork and application process. For those who never imagined that their futures would hold a drinking and driving offense, this is the perfect way to repeal the unfortunate circumstance.
Gold & Witham, Attorneys at Law is a Los Angeles firm serving residents throughout the county and surrounding areas, including Orange County. Associates at the firm have tailored their practice to the belief that the greatest defense is born from personalized service. The quality of care and attention that they dedicate to each client that enters their office are a direct reflection of their philosophy that an individual's needs and concerns deserve to be addressed uniquely, rather than by a standard set of DUI defense procedures. The firm's partners have 40 years of combined experience that they will put to work on behalf of any individual in need of expertise in the legal field. Contact a [http://www.wedodui.com/]Los Angeles DUI expungement lawyer at 800-716-6791 for a free case evaluation.
Article Source: [http://EzineArticles.com/?Explaining-DUI-Expungements&id=6640030] Explaining DUI Expungements
Thursday, January 26, 2012
Explaining Hearsay: The Complicated World of Out-Of-Court Statements
By [http://ezinearticles.com/?expert=Moseley_M_Matheson]Moseley M Matheson
Whether facing a criminal trial or civil trial in the United States, each has basic rules of evidence which must be adhered to. One of the most confusing and complicated rules is known as the Hearsay rule. This rule applies to testimony and some physical evidence which is being presented during trial. The Hearsay rule provides limitations on what testimony and/or evidence can be presented at trial by a witness. Additionally, though not covered in this article, the Hearsay Rule has many exceptions whereby prohibited testimony and/or evidence is still permitted even though those statements qualify under the Hearsay rule.
Hearsay statements are prohibited at trial mainly due to the fact that the truthfulness of the statement cannot be determined by the court. When someone testifies as trial, the Judge and/or Jury can make a determination as to whether the witness is being truthful by observing them during their testimony. Additionally, the opposing party can attack the credibility of the statement and/or the witness to try and cast doubt on the truthfulness of the statement. A hearsay statement does not afford the court this ability to test the veracity of the statement and therefore is normally not permitted.
Hearsay is defined in the Federal Rules of Evidence as "A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." A more common, and arguably clearer, definition is "An out-of-court statement made by a third party being offered to prove the truth of the mattered asserted." Basically, hearsay is a statement made by a third party, being presented at trial by a witness who is not the original declarant. The statement in question is being offered as evidence to prove the assertion of the statement itself. This can be a complicated concept, but it is easily broken down into two categories; out-of-court statement made by a third party and a statement which is offered to prove the truth of the matter asserted. Below are a couple of examples to attempt to clarify the distinction of when a statement is hearsay or not.
An example would be a case where John Doe attempts to testify at his criminal assault trial as to the statement made by Joe Smith. The statement Joe Smith made was "I saw John Doe at home during the time Jim Black was assaulted in the bar", and the statement was made at a party. John Doe wants to bring Joe Smith's statement in to prove he didn't commit the assault. This is an out-of-court statement since Joe was at a party when he made the statement. It is being offered to prove the truth of the matter asserted because John is trying to use Joe's statement as proof that he was at home at the time of the assault.
Conversely, if John Doe wants to bring in Jim Black's statement that Jim said "John's mom was a prostitute" and that's why Joe hit Jim, then that would not be hearsay. Though this is still an out-of-court statement, Joe is not attempting to bring in the statement to prove the truth of the matter asserted (that his mother is a prostitute) rather he wants to bring in the statement to provide an explanation as to why he hit Jim Black.
Hearsay is a complicated concept and is too broad a topic to fully cover in one article (or several). For advice regarding your particular legal matter, speak with a local attorney practicing in the area of your case.
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/?Explaining-Hearsay:-The-Complicated-World-of-Out-Of-Court-Statements&id=6651896] Explaining Hearsay: The Complicated World of Out-Of-Court Statements
Whether facing a criminal trial or civil trial in the United States, each has basic rules of evidence which must be adhered to. One of the most confusing and complicated rules is known as the Hearsay rule. This rule applies to testimony and some physical evidence which is being presented during trial. The Hearsay rule provides limitations on what testimony and/or evidence can be presented at trial by a witness. Additionally, though not covered in this article, the Hearsay Rule has many exceptions whereby prohibited testimony and/or evidence is still permitted even though those statements qualify under the Hearsay rule.
Hearsay statements are prohibited at trial mainly due to the fact that the truthfulness of the statement cannot be determined by the court. When someone testifies as trial, the Judge and/or Jury can make a determination as to whether the witness is being truthful by observing them during their testimony. Additionally, the opposing party can attack the credibility of the statement and/or the witness to try and cast doubt on the truthfulness of the statement. A hearsay statement does not afford the court this ability to test the veracity of the statement and therefore is normally not permitted.
Hearsay is defined in the Federal Rules of Evidence as "A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." A more common, and arguably clearer, definition is "An out-of-court statement made by a third party being offered to prove the truth of the mattered asserted." Basically, hearsay is a statement made by a third party, being presented at trial by a witness who is not the original declarant. The statement in question is being offered as evidence to prove the assertion of the statement itself. This can be a complicated concept, but it is easily broken down into two categories; out-of-court statement made by a third party and a statement which is offered to prove the truth of the matter asserted. Below are a couple of examples to attempt to clarify the distinction of when a statement is hearsay or not.
An example would be a case where John Doe attempts to testify at his criminal assault trial as to the statement made by Joe Smith. The statement Joe Smith made was "I saw John Doe at home during the time Jim Black was assaulted in the bar", and the statement was made at a party. John Doe wants to bring Joe Smith's statement in to prove he didn't commit the assault. This is an out-of-court statement since Joe was at a party when he made the statement. It is being offered to prove the truth of the matter asserted because John is trying to use Joe's statement as proof that he was at home at the time of the assault.
Conversely, if John Doe wants to bring in Jim Black's statement that Jim said "John's mom was a prostitute" and that's why Joe hit Jim, then that would not be hearsay. Though this is still an out-of-court statement, Joe is not attempting to bring in the statement to prove the truth of the matter asserted (that his mother is a prostitute) rather he wants to bring in the statement to provide an explanation as to why he hit Jim Black.
Hearsay is a complicated concept and is too broad a topic to fully cover in one article (or several). For advice regarding your particular legal matter, speak with a local attorney practicing in the area of your case.
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/?Explaining-Hearsay:-The-Complicated-World-of-Out-Of-Court-Statements&id=6651896] Explaining Hearsay: The Complicated World of Out-Of-Court Statements
Tuesday, January 24, 2012
Tips For Choosing The Best DUI Defense Attorney
By [http://ezinearticles.com/?expert=Jordan_G_Pulice]Jordan G Pulice
A lot of countries have very strict laws about driving under influence (DUI). In earlier times the charges were never very severe. A lot of growth in social activism has however caused the severity of the charges. As a result it is essential to have a good DUI defense attorney in case you are charged with it. Such type of situations are best dealt with by these kind of lawyers.
Appointing a good attorney is the first thing that needs to be done, on facing these kind of charges. Appointing a good lawyer is truly essential for your case. A lot of things are at stake in such a case. In the beginning the driving license many be revoked for some amount of time. The duration of suspension could possibly increase, if you disagree to allow the required tests to be taken. It can also impact your current and future job along with your career. You could be all the more affected if your job is that of driving.
The lawyer would try all possible means to reduce your charges or waive them off completely. One of the most important arguments done by the lawyer in your favor is stopping you for no reason. Another thing that would help in getting you in a better situation would be the manner in which you have been subjected to tests, to determine whether your under influence or not. Your lawyer can claim that the machine used to perform tests on you was defective. Also the inefficiency of the person doing the tests can act in your favor. Additionally the inappropriateness of the bottle used to store blood samples that need to be tested can also be one of the points to argue from your side. Thus the test should not be considered as the ultimate thing.
Appointing an efficient lawyer is one of the most essential things. If you have been in such a situation for the first time it is highly impossible for you to know a good lawyer. Having said that, there are many ways to find a suitable one. The easiest way of finding one is taking reference from the lawyer who manages the legal aspects of your business or other family matters. He will certainly be the ideal person to recommend one. Your friends who have been in such circumstances before would also be the right ones to help you out. Internet is also one of the options for those who are unable to get help from elsewhere.
It is always good to go for a lawyer who has experience in dealing with cases of these types. In situations like these experience counts a lot. Always go for a lawyer who specializes in this type of laws. The lawyer should also be habitual to attending seminars on DUI laws at regular intervals. Last but not the least, the most important thing is to share all the details of the incident with your lawyer. Hiding any detail would affect your case in a bad way.
Searching for [http://www.joeygilbertlaw.com/criminal-law.html]Criminal Defense Attorney Sparks Nevada? Get instant DUI legal advice by visiting [http://www.joeygilbertlaw.com/]www.joeygilbertlaw.com. Gilbert's work ethics are dedication and persistence which have helped him acquire every goal and challenge set in front of him. He has practiced law since 2004 in numerous areas; however, he aims at on criminal and civil trial practice and specific areas of sports and entertainment law. Joey Gilbert & Associates was formed with one thing in mind deliver the highest quality legal representation in all areas of the law through efficient, aggressive and honest lawyers.
Article Source: [http://EzineArticles.com/?Tips-For-Choosing-The-Best-DUI-Defense-Attorney&id=6646483] Tips For Choosing The Best DUI Defense Attorney
A lot of countries have very strict laws about driving under influence (DUI). In earlier times the charges were never very severe. A lot of growth in social activism has however caused the severity of the charges. As a result it is essential to have a good DUI defense attorney in case you are charged with it. Such type of situations are best dealt with by these kind of lawyers.
Appointing a good attorney is the first thing that needs to be done, on facing these kind of charges. Appointing a good lawyer is truly essential for your case. A lot of things are at stake in such a case. In the beginning the driving license many be revoked for some amount of time. The duration of suspension could possibly increase, if you disagree to allow the required tests to be taken. It can also impact your current and future job along with your career. You could be all the more affected if your job is that of driving.
The lawyer would try all possible means to reduce your charges or waive them off completely. One of the most important arguments done by the lawyer in your favor is stopping you for no reason. Another thing that would help in getting you in a better situation would be the manner in which you have been subjected to tests, to determine whether your under influence or not. Your lawyer can claim that the machine used to perform tests on you was defective. Also the inefficiency of the person doing the tests can act in your favor. Additionally the inappropriateness of the bottle used to store blood samples that need to be tested can also be one of the points to argue from your side. Thus the test should not be considered as the ultimate thing.
Appointing an efficient lawyer is one of the most essential things. If you have been in such a situation for the first time it is highly impossible for you to know a good lawyer. Having said that, there are many ways to find a suitable one. The easiest way of finding one is taking reference from the lawyer who manages the legal aspects of your business or other family matters. He will certainly be the ideal person to recommend one. Your friends who have been in such circumstances before would also be the right ones to help you out. Internet is also one of the options for those who are unable to get help from elsewhere.
It is always good to go for a lawyer who has experience in dealing with cases of these types. In situations like these experience counts a lot. Always go for a lawyer who specializes in this type of laws. The lawyer should also be habitual to attending seminars on DUI laws at regular intervals. Last but not the least, the most important thing is to share all the details of the incident with your lawyer. Hiding any detail would affect your case in a bad way.
Searching for [http://www.joeygilbertlaw.com/criminal-law.html]Criminal Defense Attorney Sparks Nevada? Get instant DUI legal advice by visiting [http://www.joeygilbertlaw.com/]www.joeygilbertlaw.com. Gilbert's work ethics are dedication and persistence which have helped him acquire every goal and challenge set in front of him. He has practiced law since 2004 in numerous areas; however, he aims at on criminal and civil trial practice and specific areas of sports and entertainment law. Joey Gilbert & Associates was formed with one thing in mind deliver the highest quality legal representation in all areas of the law through efficient, aggressive and honest lawyers.
Article Source: [http://EzineArticles.com/?Tips-For-Choosing-The-Best-DUI-Defense-Attorney&id=6646483] Tips For Choosing The Best DUI Defense Attorney
Sunday, January 22, 2012
Hearsay Exception: A Review of the More Common Forms of Hearsay Permitted
By [http://ezinearticles.com/?expert=Moseley_M_Matheson]Moseley M Matheson
The Hearsay Rule is an evidentiary issue which involves testimony at either a Criminal Trial or Civil Trial. Hearsay qualifies certain testimony as inadmissible unless it qualifies under certain exceptions. The following will give a brief definition of hearsay with a more in-depth review of the types of exceptions under the Hearsay Rule.
Hearsay is testimony by a witness to an out-of-court statement made by a third-party declarant and that statement is being offered by the witness to prove the truth of the matter asserted in the statement. Hearsay is normally not admissible in court due to the fact the trier of fact (either a Judge or Jury) cannot make a determination as to whether the declarant was truthful when making the statement. Though statements which qualify as hearsay are inadmissible in court, there are many exceptions which the court permits.
Hearsay statements which fall under an exception are most easily classified into four categories: Non-hearsay, Declarant Available, Declarant Unavailable, and Records. The following will briefly explain these categories as well as provide some of the exceptions.
Non-hearsay is a statement which would otherwise qualify as hearsay, but is still permitted at trial (basically an exception by a different name). The two big non-hearsays are: prior statements by a witness and admission by a party-opponent. Prior statements by a witness at trial can come in through the testimony of a third-party if the statement was given under oath and is inconsistent with their current testimony or if it is consistent with their current testimony and is being offered to rebut an accusation of fabricating their testimony. Also, a prior statement which was of identifying another person made after perceiving a person is classified as non-hearsay. Admission by a party-opponent is where a third-party testifies as to statements made by the opposing party, being offered against that opposing party. A common example of this would be an auto accident where one party admits responsibility for the accident.
Even when a declarant is available, statements being presented by a witness can be inadmissible under the Hearsay Rule, however there are exceptions which apply. The most common hearsay exceptions which fall under the Declarant Available category are as follows: Present sense impressions, excited utterance and then existing mental, emotional, or physical condition. Present sense impressions are statements describing an event while that event was being perceived by the declarant. Excited utterances are statements relating to a startling event made while the declarant was under the stress of the excitement caused by the event. Then existing mental, emotional, or physical condition statements are statements made by the declarant regarding their then existing state of mind, emotion, sensation, or physical condition. Each of these types of statements are admissible due to the fact the court believes there is a lesser chance of the declarant lying when making the statements due to the nature of the statements.
Declarant Unavailable is where a party wishes to testify as to statements made by a third-party who is not available to come to court and testify themselves. This category requires that the declarant be 'unavailable' due to the following reasons: the declarant is exempt from testifying, persists in refusing to testify, testifies to a lack of memory, unable to physically be present due to illness or death, or the declarant is absent and the party has been unable to procure their attendance at the hearing. Under this category, the declarants absence cannot be caused by the opposing party and still have the statements come in. The statements which are still permitted under these exceptions include: former testimony by the declarant, statements under belief of impending death, and statements against interest. Former testimony is permitted only if it was under oath and the opposing party had the opportunity to cross-examine them. Statements under belief of impeding death does not require death itself, but just the belief that death is near. Finally, statements against interests are statements which are so contrary to the pecuniary and/or proprietary interest of the declarant that a reasonable person would not have made the statement unless they believed it to be true.
Records are a kind of testimony where a party attempts to present a document of some kind as proof as to the matter asserted in the document. The more common records used at trial are: recorded recollection, records of regularly conducted activity (or the absence of information in the same), or Public Records. Recorded recollection is a document containing a memorandum concerning a matter the witness once had knowledge of, but no longer does. Records of regularly conducted activity must be records kept in the regularly conducted business activity and is the regular practice of the business to keep such records. Also, the record must have been made at or near the time of the event by someone with knowledge of the event. The absence of information in the same type of record is also admissible. Public records are documents of public offices or agencies, setting forth the activities of the public office or agency, or matters observed pursuant to the duty imposed by law as to which matters there was a duty to report. There are also many other types of records which are admissible as an exception to the Hearsay Rule, including marriage license, baptismal certificates, family records, documents affecting the interest in property, market reports, commercial publications, etc.
As best as the article has attempted to explain the Hearsay Rule exceptions, the reality is, its application in court can be very subjective. Many seasoned attorney still have trouble determining whether a hearsay exception applies or not. For a better understanding whether any hearsay may come into your particular trial and/or if an exception applies, speak with a local attorney practicing in the area of your case.
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/?Hearsay-Exception:-A-Review-of-the-More-Common-Forms-of-Hearsay-Permitted&id=6651917] Hearsay Exception: A Review of the More Common Forms of Hearsay Permitted
The Hearsay Rule is an evidentiary issue which involves testimony at either a Criminal Trial or Civil Trial. Hearsay qualifies certain testimony as inadmissible unless it qualifies under certain exceptions. The following will give a brief definition of hearsay with a more in-depth review of the types of exceptions under the Hearsay Rule.
Hearsay is testimony by a witness to an out-of-court statement made by a third-party declarant and that statement is being offered by the witness to prove the truth of the matter asserted in the statement. Hearsay is normally not admissible in court due to the fact the trier of fact (either a Judge or Jury) cannot make a determination as to whether the declarant was truthful when making the statement. Though statements which qualify as hearsay are inadmissible in court, there are many exceptions which the court permits.
Hearsay statements which fall under an exception are most easily classified into four categories: Non-hearsay, Declarant Available, Declarant Unavailable, and Records. The following will briefly explain these categories as well as provide some of the exceptions.
Non-hearsay is a statement which would otherwise qualify as hearsay, but is still permitted at trial (basically an exception by a different name). The two big non-hearsays are: prior statements by a witness and admission by a party-opponent. Prior statements by a witness at trial can come in through the testimony of a third-party if the statement was given under oath and is inconsistent with their current testimony or if it is consistent with their current testimony and is being offered to rebut an accusation of fabricating their testimony. Also, a prior statement which was of identifying another person made after perceiving a person is classified as non-hearsay. Admission by a party-opponent is where a third-party testifies as to statements made by the opposing party, being offered against that opposing party. A common example of this would be an auto accident where one party admits responsibility for the accident.
Even when a declarant is available, statements being presented by a witness can be inadmissible under the Hearsay Rule, however there are exceptions which apply. The most common hearsay exceptions which fall under the Declarant Available category are as follows: Present sense impressions, excited utterance and then existing mental, emotional, or physical condition. Present sense impressions are statements describing an event while that event was being perceived by the declarant. Excited utterances are statements relating to a startling event made while the declarant was under the stress of the excitement caused by the event. Then existing mental, emotional, or physical condition statements are statements made by the declarant regarding their then existing state of mind, emotion, sensation, or physical condition. Each of these types of statements are admissible due to the fact the court believes there is a lesser chance of the declarant lying when making the statements due to the nature of the statements.
Declarant Unavailable is where a party wishes to testify as to statements made by a third-party who is not available to come to court and testify themselves. This category requires that the declarant be 'unavailable' due to the following reasons: the declarant is exempt from testifying, persists in refusing to testify, testifies to a lack of memory, unable to physically be present due to illness or death, or the declarant is absent and the party has been unable to procure their attendance at the hearing. Under this category, the declarants absence cannot be caused by the opposing party and still have the statements come in. The statements which are still permitted under these exceptions include: former testimony by the declarant, statements under belief of impending death, and statements against interest. Former testimony is permitted only if it was under oath and the opposing party had the opportunity to cross-examine them. Statements under belief of impeding death does not require death itself, but just the belief that death is near. Finally, statements against interests are statements which are so contrary to the pecuniary and/or proprietary interest of the declarant that a reasonable person would not have made the statement unless they believed it to be true.
Records are a kind of testimony where a party attempts to present a document of some kind as proof as to the matter asserted in the document. The more common records used at trial are: recorded recollection, records of regularly conducted activity (or the absence of information in the same), or Public Records. Recorded recollection is a document containing a memorandum concerning a matter the witness once had knowledge of, but no longer does. Records of regularly conducted activity must be records kept in the regularly conducted business activity and is the regular practice of the business to keep such records. Also, the record must have been made at or near the time of the event by someone with knowledge of the event. The absence of information in the same type of record is also admissible. Public records are documents of public offices or agencies, setting forth the activities of the public office or agency, or matters observed pursuant to the duty imposed by law as to which matters there was a duty to report. There are also many other types of records which are admissible as an exception to the Hearsay Rule, including marriage license, baptismal certificates, family records, documents affecting the interest in property, market reports, commercial publications, etc.
As best as the article has attempted to explain the Hearsay Rule exceptions, the reality is, its application in court can be very subjective. Many seasoned attorney still have trouble determining whether a hearsay exception applies or not. For a better understanding whether any hearsay may come into your particular trial and/or if an exception applies, speak with a local attorney practicing in the area of your case.
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/?Hearsay-Exception:-A-Review-of-the-More-Common-Forms-of-Hearsay-Permitted&id=6651917] Hearsay Exception: A Review of the More Common Forms of Hearsay Permitted
Friday, January 20, 2012
Criminal Law - When Do the Police Need a Search Warrant?
By [http://ezinearticles.com/?expert=Kathryn_Lively]Kathryn Lively
If you watch enough police dramas on television, you know eventually your favorite detectives will storm into somebody's apartment or place of work to find evidence, and somebody will ask, "Do you have a search warrant?" While some TV shows may take liberties for the sake of ratings, in real life situations will vary. You may be surprised to know there are times when a warrant is not necessary in order for the police to search your premises. Knowing when it is required is important to know.
Search warrants exist in order to protect us from irrational intrusions. The United States Constitution guarantees that all Americans are protected from such situations. If the police suspect you of wrongdoing, they will likely need to obtain legal permission to come into your house, office, or other property to find what they are looking for. However, in order to get this warrant the presiding judge issuing them must be convinced that a search will impact the case. If you are suspected of a crime, you may not have a say as to whether or not the judge should issue the warrant, but if you believe one was unfairly obtained you can confer with a lawyer.
When will police request a warrant to search?
1) If the police ask for your consent to search your property and you refuse, they may decide to obtain a warrant in order to get the job done. If you know you are innocent of wrongdoing and feel you have nothing to hide, by giving consent you waive the detectives' need to get a warrant. If evidence is found that could incriminate you, however, you are unable to reverse your decision.
2) If the police suspect you have evidence not in plain view, they may request a warrant in order to thorough search your property. However, if a person happens to be out in the open with drugs or an illegal weapon, an officer can apprehend the suspect and confiscate the evidence without a warrant.
One thing to note, too, is that in an emergency situation a warrant is not necessary. If a crime is witnessed and the suspect runs into a building, the police have the right to enter and search the premises. If it is believed that a person within a home or office is in danger, also, police may enter without the paperwork.
If you find yourself in a situation where a warrant is necessary for police to come into your house, know your rights and have the number of a good criminal lawyer on hand to help.
Kathryn Lively is a freelance writer specializing in articles on [http://www.twifordlaw.com]North Carolina lawyers and [http://www.twifordlaw.com]Outer Banks lawyers.
Article Source: [http://EzineArticles.com/?Criminal-Law---When-Do-the-Police-Need-a-Search-Warrant?&id=6649915] Criminal Law - When Do the Police Need a Search Warrant?
If you watch enough police dramas on television, you know eventually your favorite detectives will storm into somebody's apartment or place of work to find evidence, and somebody will ask, "Do you have a search warrant?" While some TV shows may take liberties for the sake of ratings, in real life situations will vary. You may be surprised to know there are times when a warrant is not necessary in order for the police to search your premises. Knowing when it is required is important to know.
Search warrants exist in order to protect us from irrational intrusions. The United States Constitution guarantees that all Americans are protected from such situations. If the police suspect you of wrongdoing, they will likely need to obtain legal permission to come into your house, office, or other property to find what they are looking for. However, in order to get this warrant the presiding judge issuing them must be convinced that a search will impact the case. If you are suspected of a crime, you may not have a say as to whether or not the judge should issue the warrant, but if you believe one was unfairly obtained you can confer with a lawyer.
When will police request a warrant to search?
1) If the police ask for your consent to search your property and you refuse, they may decide to obtain a warrant in order to get the job done. If you know you are innocent of wrongdoing and feel you have nothing to hide, by giving consent you waive the detectives' need to get a warrant. If evidence is found that could incriminate you, however, you are unable to reverse your decision.
2) If the police suspect you have evidence not in plain view, they may request a warrant in order to thorough search your property. However, if a person happens to be out in the open with drugs or an illegal weapon, an officer can apprehend the suspect and confiscate the evidence without a warrant.
One thing to note, too, is that in an emergency situation a warrant is not necessary. If a crime is witnessed and the suspect runs into a building, the police have the right to enter and search the premises. If it is believed that a person within a home or office is in danger, also, police may enter without the paperwork.
If you find yourself in a situation where a warrant is necessary for police to come into your house, know your rights and have the number of a good criminal lawyer on hand to help.
Kathryn Lively is a freelance writer specializing in articles on [http://www.twifordlaw.com]North Carolina lawyers and [http://www.twifordlaw.com]Outer Banks lawyers.
Article Source: [http://EzineArticles.com/?Criminal-Law---When-Do-the-Police-Need-a-Search-Warrant?&id=6649915] Criminal Law - When Do the Police Need a Search Warrant?
Wednesday, January 18, 2012
DUI and Its Effects on Your Educational and Employment Goals
By [http://ezinearticles.com/?expert=David_Laurent_Guffroy]David Laurent Guffroy
Your arrest for DUI extends beyond the jail cell or courtroom. It can affect your plans to go to college, continue in college or obtain financial aid. DUI can also make it difficult to find a job in the career field in which you are interested.
Being arrested for DUI means future employers can't hire you because their insurance companies see you as a liability to the company, especially if you drink and drive, then cause injury to others.
You may be required to report your DUI arrest to a professional licensing bureau. These boards license nurses, lawyers and plumbers, among other professions. Failing to report your arrest to the licensing agency of your state puts you at risk of losing your license, meaning you cannot work.
When you apply to enroll in the college or university of your choice, one of the questions on the admission questionnaire treats criminal convictions or arrests, including DUI. Leaving your arrest off of your admission application is lying by omission. The university can disenroll you when it finds out your falsified your application. The university may decide to admit you, provided you have one DUI arrest or conviction and you have completed a drug and alcohol program.
Should you become intoxicated and drive after you have been admitted, your university may require that you notify the admissions office of your arrest within a certain time frame. Failure to report your arrest to university authorities can lead to suspension from classes.
Repeated arrests for driving under the influence may ultimately lead to your temporary or permanent suspension from university classes. This affects your attendance and your grades.
Your plans to obtain financial aid, whether federal grants or loans, can be affected by a DUI arrest. Your ability to compete for a scholarship can be affected by a DUI arrest, leading the award committee to deny you funding. This does not mean you are completely out of options. Some scholarships are awarded to individuals who have been arrested for, or convicted of DUI. Go through the scholarship program's requirements before you go to court. You need to know how a DUI plea might affect your ability to obtain student loans, grants or scholarships.
Your DUI arrest, as either a nursing or law student, may make it impossible for you to be licensed after graduation. When the college you plan to attend finds out that you cannot be licensed, they will not want to offer you a slot in their program. Call the state licensing agency and ask them how a DUI arrest or conviction may affect your application to a special educational program.
Accepting probation for a specific time period may lessen the effects of a conviction. Depending where you live, accepting and completing probation may make you eligible for an expungement of your DUI conviction.
A non-disclosure prevents the general public, including college administrators and employers, from getting access to your DUI conviction records.
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.
Article Source: [http://EzineArticles.com/?DUI-and-Its-Effects-on-Your-Educational-and-Employment-Goals&id=6646949] DUI and Its Effects on Your Educational and Employment Goals
Your arrest for DUI extends beyond the jail cell or courtroom. It can affect your plans to go to college, continue in college or obtain financial aid. DUI can also make it difficult to find a job in the career field in which you are interested.
Being arrested for DUI means future employers can't hire you because their insurance companies see you as a liability to the company, especially if you drink and drive, then cause injury to others.
You may be required to report your DUI arrest to a professional licensing bureau. These boards license nurses, lawyers and plumbers, among other professions. Failing to report your arrest to the licensing agency of your state puts you at risk of losing your license, meaning you cannot work.
When you apply to enroll in the college or university of your choice, one of the questions on the admission questionnaire treats criminal convictions or arrests, including DUI. Leaving your arrest off of your admission application is lying by omission. The university can disenroll you when it finds out your falsified your application. The university may decide to admit you, provided you have one DUI arrest or conviction and you have completed a drug and alcohol program.
Should you become intoxicated and drive after you have been admitted, your university may require that you notify the admissions office of your arrest within a certain time frame. Failure to report your arrest to university authorities can lead to suspension from classes.
Repeated arrests for driving under the influence may ultimately lead to your temporary or permanent suspension from university classes. This affects your attendance and your grades.
Your plans to obtain financial aid, whether federal grants or loans, can be affected by a DUI arrest. Your ability to compete for a scholarship can be affected by a DUI arrest, leading the award committee to deny you funding. This does not mean you are completely out of options. Some scholarships are awarded to individuals who have been arrested for, or convicted of DUI. Go through the scholarship program's requirements before you go to court. You need to know how a DUI plea might affect your ability to obtain student loans, grants or scholarships.
Your DUI arrest, as either a nursing or law student, may make it impossible for you to be licensed after graduation. When the college you plan to attend finds out that you cannot be licensed, they will not want to offer you a slot in their program. Call the state licensing agency and ask them how a DUI arrest or conviction may affect your application to a special educational program.
Accepting probation for a specific time period may lessen the effects of a conviction. Depending where you live, accepting and completing probation may make you eligible for an expungement of your DUI conviction.
A non-disclosure prevents the general public, including college administrators and employers, from getting access to your DUI conviction records.
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.
Article Source: [http://EzineArticles.com/?DUI-and-Its-Effects-on-Your-Educational-and-Employment-Goals&id=6646949] DUI and Its Effects on Your Educational and Employment Goals
Monday, January 16, 2012
Georgia's 10 Day DUI Rule
By [http://ezinearticles.com/?expert=Ben_Von_Schuch]Ben Von Schuch
In Georgia, when an individual is arrested for driving under the influence (DUI) they are in immediate danger of losing their privilege to drive. Georgia has two license suspension hearings, a criminal and an administrative hearing. An administrative license suspension is totally separate from a criminal license suspension, however, certain criminal factors can weigh heavily on the outcome of an administrative license hearing.
After being arrested for a DUI offense, an individual should receive a DS 1205 form from the arresting officer. The DS 1205 is considered the individuals new drivers license, which is valid for 30 days after a DUI arrest in Georgia. The form also explains that an individual's driver's license will automatically be suspended unless they request an Administrative License Suspension (ALS) hearing within 10 days of their arrest. If an individual does not request a hearing within those first 10 days after their arrest, their Georgia driver's license will automatically be suspended.
The administrative license suspension hearing is mainly to determine if you violated the conditions of your driver's license that are set by the Georgia Department of Driver Services by driving under the influence. The hearing is presided over by an administrative judge who will determine if you committed a DUI offense and if proper procedure was performed by the arresting officer.
The suspension periods for a DUI in George will vary depending on the particulars of the offense. For a first DUI offense an individual can have their license suspended for up to a year. For a second offense within five years of the first conviction an individual can have their license suspended for up to three years. An individual convicted of a third DUI offense in five years can have their license suspended for up to five years.
Fortunately, individuals who have had their license suspended may participate in an authorized DUI school to potentially lessen the suspension time. The school must be approved by the Georgia Department of Driver Services and must consist of two state approved components, Assessment and Intervention. Successful completion of a DUI course can potentially shorten a suspension sentence to 30 days depending on the severity of the offense.
Although an individual does not have to have an attorney present at an administrative hearing, having an experienced criminal defense attorney by your side to advocate for you will be in your best interests. Your criminal defense lawyer can provide you with legal counsel that will strengthen your defense against a serious DUI allegation and stand by your side during every court appearance and hearing.
Benjamin Von Schuch is an Atlanta criminal defense attorney who strongly advocates for his clients who are facing a driver's license suspension as the result of an alleged DUI offense. He strongly advocates for his clients in a variety of criminal cases including DUI, traffic offenses, drug charges, sex offenses, marijuana charges, and theft crimes For more information visit our website: [http://www.bvslawfirm.com/CriminalDefense/DrivingUndertheInfluenceDUI/10DayRule.aspx]Atlanta 10 Day Rule Attorney
Article Source: [http://EzineArticles.com/?Georgias-10-Day-DUI-Rule&id=6647460] Georgia's 10 Day DUI Rule
In Georgia, when an individual is arrested for driving under the influence (DUI) they are in immediate danger of losing their privilege to drive. Georgia has two license suspension hearings, a criminal and an administrative hearing. An administrative license suspension is totally separate from a criminal license suspension, however, certain criminal factors can weigh heavily on the outcome of an administrative license hearing.
After being arrested for a DUI offense, an individual should receive a DS 1205 form from the arresting officer. The DS 1205 is considered the individuals new drivers license, which is valid for 30 days after a DUI arrest in Georgia. The form also explains that an individual's driver's license will automatically be suspended unless they request an Administrative License Suspension (ALS) hearing within 10 days of their arrest. If an individual does not request a hearing within those first 10 days after their arrest, their Georgia driver's license will automatically be suspended.
The administrative license suspension hearing is mainly to determine if you violated the conditions of your driver's license that are set by the Georgia Department of Driver Services by driving under the influence. The hearing is presided over by an administrative judge who will determine if you committed a DUI offense and if proper procedure was performed by the arresting officer.
The suspension periods for a DUI in George will vary depending on the particulars of the offense. For a first DUI offense an individual can have their license suspended for up to a year. For a second offense within five years of the first conviction an individual can have their license suspended for up to three years. An individual convicted of a third DUI offense in five years can have their license suspended for up to five years.
Fortunately, individuals who have had their license suspended may participate in an authorized DUI school to potentially lessen the suspension time. The school must be approved by the Georgia Department of Driver Services and must consist of two state approved components, Assessment and Intervention. Successful completion of a DUI course can potentially shorten a suspension sentence to 30 days depending on the severity of the offense.
Although an individual does not have to have an attorney present at an administrative hearing, having an experienced criminal defense attorney by your side to advocate for you will be in your best interests. Your criminal defense lawyer can provide you with legal counsel that will strengthen your defense against a serious DUI allegation and stand by your side during every court appearance and hearing.
Benjamin Von Schuch is an Atlanta criminal defense attorney who strongly advocates for his clients who are facing a driver's license suspension as the result of an alleged DUI offense. He strongly advocates for his clients in a variety of criminal cases including DUI, traffic offenses, drug charges, sex offenses, marijuana charges, and theft crimes For more information visit our website: [http://www.bvslawfirm.com/CriminalDefense/DrivingUndertheInfluenceDUI/10DayRule.aspx]Atlanta 10 Day Rule Attorney
Article Source: [http://EzineArticles.com/?Georgias-10-Day-DUI-Rule&id=6647460] Georgia's 10 Day DUI Rule
Saturday, January 14, 2012
State Lawyer or Federal Lawyer, Does It Really Matter?
By [http://ezinearticles.com/?expert=Peggy_Finley]Peggy Finley and Shawn C. Brown
No one is perfect, but sometimes those imperfect moments in life can land you in court facing criminal charges. If you find yourself facing federal chargers and consider using a public defender to plead your case, you are making a huge mistake. Many courts have reputations to being tough on criminals that are not defended well. So, it's crucial to be sure that you know how to select an attorney that will fight hard for your future. Don't give up hope just because you may have done something that resulted in federal charges. Hire an attorney that will defend you to the end and get you the best possible outcome.
Most people expect the process to be the same as the proceedings in a state or local government court would be. If you've not faced federal charges before, you will soon learn that it's a whole new ballgame. When your case is presented in federal court you will not only be fighting the local powers that be, but instead the power of the United States government. Many less cases are won in federal court than are won in state or local courts. Choosing a lawyer that has the experience defending individuals against criminal law is the only way you will have a chance to have your case and evidence presented properly and have even a fighting chance to win your case.
Some people thing that a federal lawyer is simply an attorney with a bigger office and higher fees, but this is far from the truth. The truth of the matter is that there are many variances between state and local laws and those of the federal government. Find an attorney who not only knows federal law, but has experience in researching judgments at the federal level. This way you know that they will be doing everything in their power to learn all they can about your specific situation and what has resulted in similar federal cases in the past.
The penalties when it comes to federal criminal charges are much stiffer than if you were being tried in a state courtroom. Because the risk is greater, there is no room for error when your case is presented in federal court. Don't think for a minute that the difference in finding you guilty or innocent can't rest in a single inconsistency in your case. Federal prosecutors are experts and finding the slightest things that can make or break your case and they will use it to the maximum benefit.
Many state lawyers have spent most of their legal careers studying and perfecting their expertise and knowledge of state laws and the court systems. A lot of these lawyers are unfamiliar with the differences between state and federal prosecution procedures. If your attorney looks unprepared when they are representing you in front of a federal judge, you are setting yourself up for a bad situation. Do not settle for an attorney without federal court experience.
If you have been charged with a federal crime and want to do everything in your power to avoid a conviction, hire a trained federal lawyer. They can help give you the best possible outcome that can help you make restitution for any wrong doing you may have done and help you get your life back on track.
As far as [http://www.shawnbrownlaw.com/legal/state-defense-attorney-federal-defense-attorney-san-antonio]San Antonio criminal defense lawyers go, you can trust Shawn Brown Law. If you need a [http://www.shawnbrownlaw.com/bexar-county-criminal-defense-attorneys-san-antonio-texas-tx-lawyers]criminal defense attorney in San Antonio, you can reach Shawn Brown Law at 210-244-8200.
Article Source: [http://EzineArticles.com/?State-Lawyer-or-Federal-Lawyer,-Does-It-Really-Matter?&id=6647877] State Lawyer or Federal Lawyer, Does It Really Matter?
No one is perfect, but sometimes those imperfect moments in life can land you in court facing criminal charges. If you find yourself facing federal chargers and consider using a public defender to plead your case, you are making a huge mistake. Many courts have reputations to being tough on criminals that are not defended well. So, it's crucial to be sure that you know how to select an attorney that will fight hard for your future. Don't give up hope just because you may have done something that resulted in federal charges. Hire an attorney that will defend you to the end and get you the best possible outcome.
Most people expect the process to be the same as the proceedings in a state or local government court would be. If you've not faced federal charges before, you will soon learn that it's a whole new ballgame. When your case is presented in federal court you will not only be fighting the local powers that be, but instead the power of the United States government. Many less cases are won in federal court than are won in state or local courts. Choosing a lawyer that has the experience defending individuals against criminal law is the only way you will have a chance to have your case and evidence presented properly and have even a fighting chance to win your case.
Some people thing that a federal lawyer is simply an attorney with a bigger office and higher fees, but this is far from the truth. The truth of the matter is that there are many variances between state and local laws and those of the federal government. Find an attorney who not only knows federal law, but has experience in researching judgments at the federal level. This way you know that they will be doing everything in their power to learn all they can about your specific situation and what has resulted in similar federal cases in the past.
The penalties when it comes to federal criminal charges are much stiffer than if you were being tried in a state courtroom. Because the risk is greater, there is no room for error when your case is presented in federal court. Don't think for a minute that the difference in finding you guilty or innocent can't rest in a single inconsistency in your case. Federal prosecutors are experts and finding the slightest things that can make or break your case and they will use it to the maximum benefit.
Many state lawyers have spent most of their legal careers studying and perfecting their expertise and knowledge of state laws and the court systems. A lot of these lawyers are unfamiliar with the differences between state and federal prosecution procedures. If your attorney looks unprepared when they are representing you in front of a federal judge, you are setting yourself up for a bad situation. Do not settle for an attorney without federal court experience.
If you have been charged with a federal crime and want to do everything in your power to avoid a conviction, hire a trained federal lawyer. They can help give you the best possible outcome that can help you make restitution for any wrong doing you may have done and help you get your life back on track.
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Article Source: [http://EzineArticles.com/?State-Lawyer-or-Federal-Lawyer,-Does-It-Really-Matter?&id=6647877] State Lawyer or Federal Lawyer, Does It Really Matter?
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