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
Monday, January 30, 2012
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.
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?
Thursday, January 12, 2012
How Alcohol Absorption Affects a DUI
By [http://ezinearticles.com/?expert=Matt_Horak]Matt Horak
The way the body absorbs alcohol is a major factor in a DUI conviction. An important factor a prosecutor uses to gain a DUI conviction is the amount of alcohol in a person's blood or the blood alcohol concentration (BAC). Many people do not realize that their weight and gender greatly affect the way their body absorbs alcohol.
It is not a myth that women feel the effects of alcohol faster than men. Women generally metabolize alcohol faster than men because their bodies are usually are smaller, contain more fat and have less total volume of body water. As a general rule, the more a person weighs, the larger the volume of body water and the lower the BAC. If a woman and a man weight the same and consume the same amount of alcohol, because the woman may have more fat tissue she may have a higher BAC because her volume of body water is lower.
Alcohol is absorbed into the body by the stomach and small intestine. The rate of absorption will vary depending on the concentration of alcohol of the beverage. Generally the higher the amount of alcohol that there is in a beverage, the faster the absorption rate will be.
Alcohol is eliminated from the body at a constant rate for each individual. The normal rate of elimination is considered at about 15 milligrams percent per hour. Most people eliminate alcohol from their system at a rate between 13 and 18 percent per milligram.
Typically, the highest BAC is usually reached within about 30 minutes after an individual has finished drinking. This can mean that if an individual is pulled over for suspicion of DUI roughly about 30 minutes after they have stopped drinking, their BAC will be at its highest.
However, if there was a large amount of alcohol consumed in a short amount of time, or if an individual consumed a large amount of food with the alcohol, the body may not absorb the alcohol for up to two hours after drinking. What this means is that the measurement of alcohol in the blood won't be at its highest for up to two hours after the last alcoholic beverage was consumed. If an individual is arrested and taken into custody for DUI and then they are tested again a couple hours after the initial breath test, the result can be an even higher BAC level, which could result in an increased DUI charge.
If you understand how alcohol affects your body it can help you be more mindful of how much alcohol you can safely consume and potentially avoid the chances of a DUI or DWI charge. However, if you have been charged with a DUI it is imperative that you contact a criminal defense attorney who is experienced with fighting DUI cases. Your criminal defense attorney will advocate for you and be by your side from the first court appearance to the last.
Matt Horak is a criminal defense attorney based in Houston, Texas. He has represented numerous individuals who have faced the serious allegation of DWI. In many cases he has fought for favorable outcomes for clients, including dismissed or reduced charges. His experience extends to other criminal defense areas, including drug offenses, violent crimes, weapon violations, domestic violence charges, and related offenses. He enjoys educating the public on Texas criminal procedure and believes that an informed client is vital to have at your side during a criminal trial. For more information, visit our website: [http://www.matthoraklaw.com/CriminalDefense/DrivingWhileIntoxicatedDWI.aspx]Houston DWI attorney
Article Source: [http://EzineArticles.com/?How-Alcohol-Absorption-Affects-a-DUI&id=6647329] How Alcohol Absorption Affects a DUI
The way the body absorbs alcohol is a major factor in a DUI conviction. An important factor a prosecutor uses to gain a DUI conviction is the amount of alcohol in a person's blood or the blood alcohol concentration (BAC). Many people do not realize that their weight and gender greatly affect the way their body absorbs alcohol.
It is not a myth that women feel the effects of alcohol faster than men. Women generally metabolize alcohol faster than men because their bodies are usually are smaller, contain more fat and have less total volume of body water. As a general rule, the more a person weighs, the larger the volume of body water and the lower the BAC. If a woman and a man weight the same and consume the same amount of alcohol, because the woman may have more fat tissue she may have a higher BAC because her volume of body water is lower.
Alcohol is absorbed into the body by the stomach and small intestine. The rate of absorption will vary depending on the concentration of alcohol of the beverage. Generally the higher the amount of alcohol that there is in a beverage, the faster the absorption rate will be.
Alcohol is eliminated from the body at a constant rate for each individual. The normal rate of elimination is considered at about 15 milligrams percent per hour. Most people eliminate alcohol from their system at a rate between 13 and 18 percent per milligram.
Typically, the highest BAC is usually reached within about 30 minutes after an individual has finished drinking. This can mean that if an individual is pulled over for suspicion of DUI roughly about 30 minutes after they have stopped drinking, their BAC will be at its highest.
However, if there was a large amount of alcohol consumed in a short amount of time, or if an individual consumed a large amount of food with the alcohol, the body may not absorb the alcohol for up to two hours after drinking. What this means is that the measurement of alcohol in the blood won't be at its highest for up to two hours after the last alcoholic beverage was consumed. If an individual is arrested and taken into custody for DUI and then they are tested again a couple hours after the initial breath test, the result can be an even higher BAC level, which could result in an increased DUI charge.
If you understand how alcohol affects your body it can help you be more mindful of how much alcohol you can safely consume and potentially avoid the chances of a DUI or DWI charge. However, if you have been charged with a DUI it is imperative that you contact a criminal defense attorney who is experienced with fighting DUI cases. Your criminal defense attorney will advocate for you and be by your side from the first court appearance to the last.
Matt Horak is a criminal defense attorney based in Houston, Texas. He has represented numerous individuals who have faced the serious allegation of DWI. In many cases he has fought for favorable outcomes for clients, including dismissed or reduced charges. His experience extends to other criminal defense areas, including drug offenses, violent crimes, weapon violations, domestic violence charges, and related offenses. He enjoys educating the public on Texas criminal procedure and believes that an informed client is vital to have at your side during a criminal trial. For more information, visit our website: [http://www.matthoraklaw.com/CriminalDefense/DrivingWhileIntoxicatedDWI.aspx]Houston DWI attorney
Article Source: [http://EzineArticles.com/?How-Alcohol-Absorption-Affects-a-DUI&id=6647329] How Alcohol Absorption Affects a DUI
Tuesday, January 10, 2012
Yours Truly, Jack the Ripper
By [http://ezinearticles.com/?expert=Chuck_Fan]Chuck Fan
Most of the stories, books, biographies and case studies that you have read about concentrated mostly on the murders in Whitechapel located in the East End of London. You have undoubtedly read about the victims, the ferocity of the grisly murders and the theories behind the reasons as to which the Ripper committed these fiendish acts. You scarcely hear about the unsettling letters he sent to the police, taunting them and laughing at them for their inability to catch him. There are those criminologists and biographers who think that his name was given to him by the Press and Law officials. This is a major misconception. The name, Jack the Ripper was created by the killer himself. In the first letter that he had sent to the police he signed it "Yours Truly, Jack the Ripper" and that is how his name came into fruition and gained public attention. Usually, it is the police or the newspapers that give murderers and serial killers their aliases to grab the readers' attention. This is the only case on record in which the murderer provided the public with his own alias.
The first letter that was sent became known as the "Dear Boss" letter which had been received on September 27, 1888 at the Central News Agency. It was believed to be a hoax at first, but after the murders of Elizabeth Stride and Catherine Eddowes they soon realized that the letter was genuine. Especially when they had learned that the police had found Eddowess' ear lobe was cut off just like the letter had foretold. One theory is that the Ripper was an uneducated vagabond that roamed the streets due to the broken English that the letter had showcased. The letter sent read as follows:
Dear Boss,
I keep on hearing the police have caught me but they wont fix me just yet. I have laughed when they look so clever and talk about being on the right track. That joke about Leather Apron gave me real fits. I am down on whores and I shant quit ripping them till I do get buckled. Grand work the last job was. I gave the lady no time to squeal. How can they catch me now. I love my work and want to start again. You will soon hear of me with my funny little games. I saved some of the proper red stuff in a ginger beer bottle over the last job to write with but it went thick like glue and I cant use it. Red ink is fit enough I hope ha. ha. The next job I do I shall clip the lady's ears off and send to the police officers just for jolly wouldn't you. Keep this letter back till I do a bit more work, then give it out straight. My knife's so nice and sharp I want to get to work right away if I get a chance. Good Luck.
Yours truly
Jack the Ripper
Dont mind me giving the trade name
PS Wasnt good enough to post this before I got all the red ink off my hands curse it No luck yet. They say I'm a doctor now. ha ha
On October 1st, the Central News Agency received a postcard with similar handwriting as the "Dear Boss" letter and made reference to the two murders that were mentioned in the letter. This became known as the "Saucy Jacky" Postcard. The message sent on the postcard was written as follows:
I was not codding dear old Boss when I gave you the tip, you'll hear about Saucy Jacky's work tomorrow double event this time number one squealed a bit couldn't finish straight off. ha not the time to get ears for police. thanks for keeping last letter back till I got to work again.
Jack the Ripper
Shortly after these messages were sent, on October 16th, Mr. George Lusk who was the president of the Whitechapel Vigilance Committee had received a three-inch-squared box in the mail. Inside was another letter sent by the Ripper and along side of it was a human kidney that had been preserved in wine. The medical reports that were carried out by Dr. Thomas H. Openshaw had declared that the kidney was believed to be that of Catherine Eddowes though these findings remain to be inconclusive and unproven. The letter sent read:
From hell.
Mr Lusk,
Sor
I send you half the Kidne I took from one woman and prasarved it for you tother piece I fried and ate it was very nise. I may send you the bloody knif that took it out if you only wate a whil longer
signed
Catch me when you can Mishter Lusk
As you can clearly see from these letter that he had written and sent to the police, he felt that he was in no danger of being captured and brought to justice at all. In fact, he seemed to enjoy taunting the police as much as committing the murders he enjoyed so much. Everyone had their suspicions on who the Ripper could have been or what his occupation must have been, but no evidence was ever brought forth because no proof against anyone could be found. Suddenly in 1891 the murders ceased and the letters stopped. Jack the Ripper had disappeared into the night. No trace of him was ever found. It was almost like he was never there. For two years, the city of Whitechapel was terrorized by a madman. Now, he was gone. But not before taking five lives, terrorizing an entire city and carving his name into history. He would forever be remembered by everyone for his depraved actions. One man had an entire city living in terror and left the police paralyzed in who he was and how they could stop him. He was the most prolific serial killer that had ever existed.
Thus, ends our trip through the depraved mind of one of history's most depraved serial killers. He was a man without a conscience and murdered five women right in the streets with ruthless audacity. Who was he? Where did he go? Why did he only kill prostitutes? We will never know the answers to these questions, but we will forever remember his name... Jack the Ripper.
Article Source: [http://EzineArticles.com/?Yours-Truly,-Jack-the-Ripper&id=6069740] Yours Truly, Jack the Ripper
Most of the stories, books, biographies and case studies that you have read about concentrated mostly on the murders in Whitechapel located in the East End of London. You have undoubtedly read about the victims, the ferocity of the grisly murders and the theories behind the reasons as to which the Ripper committed these fiendish acts. You scarcely hear about the unsettling letters he sent to the police, taunting them and laughing at them for their inability to catch him. There are those criminologists and biographers who think that his name was given to him by the Press and Law officials. This is a major misconception. The name, Jack the Ripper was created by the killer himself. In the first letter that he had sent to the police he signed it "Yours Truly, Jack the Ripper" and that is how his name came into fruition and gained public attention. Usually, it is the police or the newspapers that give murderers and serial killers their aliases to grab the readers' attention. This is the only case on record in which the murderer provided the public with his own alias.
The first letter that was sent became known as the "Dear Boss" letter which had been received on September 27, 1888 at the Central News Agency. It was believed to be a hoax at first, but after the murders of Elizabeth Stride and Catherine Eddowes they soon realized that the letter was genuine. Especially when they had learned that the police had found Eddowess' ear lobe was cut off just like the letter had foretold. One theory is that the Ripper was an uneducated vagabond that roamed the streets due to the broken English that the letter had showcased. The letter sent read as follows:
Dear Boss,
I keep on hearing the police have caught me but they wont fix me just yet. I have laughed when they look so clever and talk about being on the right track. That joke about Leather Apron gave me real fits. I am down on whores and I shant quit ripping them till I do get buckled. Grand work the last job was. I gave the lady no time to squeal. How can they catch me now. I love my work and want to start again. You will soon hear of me with my funny little games. I saved some of the proper red stuff in a ginger beer bottle over the last job to write with but it went thick like glue and I cant use it. Red ink is fit enough I hope ha. ha. The next job I do I shall clip the lady's ears off and send to the police officers just for jolly wouldn't you. Keep this letter back till I do a bit more work, then give it out straight. My knife's so nice and sharp I want to get to work right away if I get a chance. Good Luck.
Yours truly
Jack the Ripper
Dont mind me giving the trade name
PS Wasnt good enough to post this before I got all the red ink off my hands curse it No luck yet. They say I'm a doctor now. ha ha
On October 1st, the Central News Agency received a postcard with similar handwriting as the "Dear Boss" letter and made reference to the two murders that were mentioned in the letter. This became known as the "Saucy Jacky" Postcard. The message sent on the postcard was written as follows:
I was not codding dear old Boss when I gave you the tip, you'll hear about Saucy Jacky's work tomorrow double event this time number one squealed a bit couldn't finish straight off. ha not the time to get ears for police. thanks for keeping last letter back till I got to work again.
Jack the Ripper
Shortly after these messages were sent, on October 16th, Mr. George Lusk who was the president of the Whitechapel Vigilance Committee had received a three-inch-squared box in the mail. Inside was another letter sent by the Ripper and along side of it was a human kidney that had been preserved in wine. The medical reports that were carried out by Dr. Thomas H. Openshaw had declared that the kidney was believed to be that of Catherine Eddowes though these findings remain to be inconclusive and unproven. The letter sent read:
From hell.
Mr Lusk,
Sor
I send you half the Kidne I took from one woman and prasarved it for you tother piece I fried and ate it was very nise. I may send you the bloody knif that took it out if you only wate a whil longer
signed
Catch me when you can Mishter Lusk
As you can clearly see from these letter that he had written and sent to the police, he felt that he was in no danger of being captured and brought to justice at all. In fact, he seemed to enjoy taunting the police as much as committing the murders he enjoyed so much. Everyone had their suspicions on who the Ripper could have been or what his occupation must have been, but no evidence was ever brought forth because no proof against anyone could be found. Suddenly in 1891 the murders ceased and the letters stopped. Jack the Ripper had disappeared into the night. No trace of him was ever found. It was almost like he was never there. For two years, the city of Whitechapel was terrorized by a madman. Now, he was gone. But not before taking five lives, terrorizing an entire city and carving his name into history. He would forever be remembered by everyone for his depraved actions. One man had an entire city living in terror and left the police paralyzed in who he was and how they could stop him. He was the most prolific serial killer that had ever existed.
Thus, ends our trip through the depraved mind of one of history's most depraved serial killers. He was a man without a conscience and murdered five women right in the streets with ruthless audacity. Who was he? Where did he go? Why did he only kill prostitutes? We will never know the answers to these questions, but we will forever remember his name... Jack the Ripper.
Article Source: [http://EzineArticles.com/?Yours-Truly,-Jack-the-Ripper&id=6069740] Yours Truly, Jack the Ripper
Sunday, January 8, 2012
A Closer Look at OVI in Ohio
By [http://ezinearticles.com/?expert=Brian_Joslyn]Brian Joslyn
The more commonly know offense of driving under the influence or DUI is known as Operating a Vehicle Under the Influence or OVI in the state of Ohio. According to Ohio Revised Code � 4511.19, operating a vehicle under the influence in Ohio means that an individual was driving or in actual physical possession of a vehicle, while they were at or above the legal limit in Ohio for blood alcohol concentration (BAC).
Many individuals might not know that there are essential elements that must be shown and proved in order for a person to be convicted of an OVI in Ohio.
One important element that must be determined is if the individual was driving a vehicle while intoxicated or that they were in physical control of a vehicle while intoxicated.
Under Ohio law, there are factors that can determine if a person had physical control of a vehicle:
1) The person was in the driver's seat
2) The person was in possession of the ignition key and
3) The person was either under the influence of alcohol or they tested over the legal limit.
Another important factor used to determine if an individual is guilty of an OVI offense is if they had a blood alcohol concentration that was above the legal limit. The legal limit in Ohio is.08 percent, however an individual can still be charged with OVI in Ohio even if they are not impaired or above the legal limit.
The penalty for a first OVI offense in Ohio is usually a misdemeanor of a first degree, which can be punishable by jail time, a fine, driver's license suspension, a Driver's Intervention Program or an ignition interlock device.
What is a Physical Control Offense?
Under Ohio Revised Code � 4511.194, an individual can be charged with Physical Control. This offense is similar to an OVI charge in Ohio in that both offenses involve an individual who is in a vehicle while they are under the influence of alcohol or a controlled substance. A good example to illustrate this statute is if an individual chooses to "sleep it off" in their car after consuming alcohol or drugs instead of driving.
According to this statute, a person only has to have the keys on them or within their reach to be charged with the offense of physical control. Physical control is considered a lesser offense than an OVI even though they are both first degree misdemeanor crimes.
If you find yourself facing an OVI charge in Ohio you should contact an experienced criminal defense attorney who is knowledgeable in Ohio law. Your criminal defense attorney will make every effort to achieve the best possible outcome in your case. They will also guide you through each court appearance from the first to the last and make sure that your needs are always put first.
Brian Joslyn is a Columbus, Ohio criminal defense attorney who has represented numerous clients who have been charge with Operating a Vehicle Under the Influence in Ohio. Mr. Joslyn examines the particulars of each case and strives to find mitigating factors that will provide a solid defense against an OVI allegation. Mr. Joslyn focuses on building trust and keeping the lines of communication open to develop the best client-attorney relationship possible, which can be beneficial to reaching the best possible outcome in each case. To learn more or to schedule a free consultation, please visit our website: [http://www.criminalattorneycolumbus.com/CriminalDefense/DrunkDrivingDUIOVI/FirstOVI.aspx]Columbus OVI attorney.
Article Source: [http://EzineArticles.com/?A-Closer-Look-at-OVI-in-Ohio&id=6647223] A Closer Look at OVI in Ohio
The more commonly know offense of driving under the influence or DUI is known as Operating a Vehicle Under the Influence or OVI in the state of Ohio. According to Ohio Revised Code � 4511.19, operating a vehicle under the influence in Ohio means that an individual was driving or in actual physical possession of a vehicle, while they were at or above the legal limit in Ohio for blood alcohol concentration (BAC).
Many individuals might not know that there are essential elements that must be shown and proved in order for a person to be convicted of an OVI in Ohio.
One important element that must be determined is if the individual was driving a vehicle while intoxicated or that they were in physical control of a vehicle while intoxicated.
Under Ohio law, there are factors that can determine if a person had physical control of a vehicle:
1) The person was in the driver's seat
2) The person was in possession of the ignition key and
3) The person was either under the influence of alcohol or they tested over the legal limit.
Another important factor used to determine if an individual is guilty of an OVI offense is if they had a blood alcohol concentration that was above the legal limit. The legal limit in Ohio is.08 percent, however an individual can still be charged with OVI in Ohio even if they are not impaired or above the legal limit.
The penalty for a first OVI offense in Ohio is usually a misdemeanor of a first degree, which can be punishable by jail time, a fine, driver's license suspension, a Driver's Intervention Program or an ignition interlock device.
What is a Physical Control Offense?
Under Ohio Revised Code � 4511.194, an individual can be charged with Physical Control. This offense is similar to an OVI charge in Ohio in that both offenses involve an individual who is in a vehicle while they are under the influence of alcohol or a controlled substance. A good example to illustrate this statute is if an individual chooses to "sleep it off" in their car after consuming alcohol or drugs instead of driving.
According to this statute, a person only has to have the keys on them or within their reach to be charged with the offense of physical control. Physical control is considered a lesser offense than an OVI even though they are both first degree misdemeanor crimes.
If you find yourself facing an OVI charge in Ohio you should contact an experienced criminal defense attorney who is knowledgeable in Ohio law. Your criminal defense attorney will make every effort to achieve the best possible outcome in your case. They will also guide you through each court appearance from the first to the last and make sure that your needs are always put first.
Brian Joslyn is a Columbus, Ohio criminal defense attorney who has represented numerous clients who have been charge with Operating a Vehicle Under the Influence in Ohio. Mr. Joslyn examines the particulars of each case and strives to find mitigating factors that will provide a solid defense against an OVI allegation. Mr. Joslyn focuses on building trust and keeping the lines of communication open to develop the best client-attorney relationship possible, which can be beneficial to reaching the best possible outcome in each case. To learn more or to schedule a free consultation, please visit our website: [http://www.criminalattorneycolumbus.com/CriminalDefense/DrunkDrivingDUIOVI/FirstOVI.aspx]Columbus OVI attorney.
Article Source: [http://EzineArticles.com/?A-Closer-Look-at-OVI-in-Ohio&id=6647223] A Closer Look at OVI in Ohio
Friday, January 6, 2012
The Dynamics of an Under 21 DUI in Utah
By [http://ezinearticles.com/?expert=Darren_M_Levitt]Darren M Levitt
Driving under the influence or drunk driving is already a serious and punishable crime in Utah, but when an individual is charged with a DUI and they are under 21, the repercussions can be extremely severe. Under UCA 53-3-231, Utah has a strict Not-a-Drop policy against drinking and driving for individuals who are under the age of 21. This means that anyone under the age of 21 may not operate a vehicle with a detectable amount of alcohol in the body.
If an individual is convicted of an under 21 DUI they can face such consequences as a suspended driver's license. The length of suspension will vary depending on if the offense is the first, second, or subsequent DUI offense. Additionally, an under 21 individual who refuses to submit to chemical testing for a DUI can receive a license suspension.
Under Utah's Code of Motor Vehicles Chapter 6a � 509, a person who is 19 years of age but under 21 that is convicted of drunk driving can have their license suspended for up to one year or until they turn 21, whichever time period is longer. Additionally, if the individual did not have a Utah driver's license at the time of conviction, they will be denied the issuance of a driver's license or learners permit in Utah. This applies to the first initial DUI offense.
If an individual 19 years of age but under 21 is convicted of a second or subsequent DUI offense within 10 years of the first offense in Utah, they can have their license revoked for up to two years or until they turn 21, whichever time period is longer. If the individual did not have a Utah driver's license at the time of conviction, then they can be denied a driver's license or learners permit for two years or until they turn 21.
If an individual under the age of 19 is convicted of a DUI offense in Utah they can have their driver's license suspended until they are 21 or have their application for a driver's license or learners permit denied for the conviction.
For a second or subsequent DUI offense by a person under the age of 19, that individual can have their driver's license revoked until the age of 21 or be denied the issuance of a driver's license or learners permit until they are 21 years of age.
Interlock Restriction in Utah
In Utah when an individual is interlock restricted, they are not allowed to drive any vehicle without an Ignition Interlock Restricted Device installed in the vehicle. Usually, the time period a person must have the device installed in their vehicle is 18 months. However, if an individual under the age of 21 is convicted of a DUI offense they must have the device installed in their vehicle for a time period of 3 years.
A good criminal defense attorney can even help juveniles who might be facing an underage DUI charge and will be there through every step of the process including any hearings that might be required. Additionally, a knowledgeable criminal defense lawyer may be able to help you obtain a limited license in Utah for work or school purposes. Although a driver's license suspension is the most common result of an underage DUI in Utah, an individual may be able to apply for a limited license in Utah after one year of being violation free and with written clearance from a primary care physician.
Darren Levitt is a Salt Lake City, Utah criminal defense attorney who is well versed in representing individuals who are facing a wide variety of criminal charges such as DUI, domestic violence, sex crimes, violent crimes, drug possession, theft and juvenile crimes. From felonies to misdemeanors, no case is too big or too small every client is important and Mr. Levitt is dedicated to providing the highest level of professional service and integrity to each individual client. For more information or a free consultation visit our website: [http://www.defenselawutah.com/CriminalDefense/DrunkDrivingDUI/Under21DUI.aspx]Utah underage DUI attorney.
Article Source: [http://EzineArticles.com/?The-Dynamics-of-an-Under-21-DUI-in-Utah&id=6634538] The Dynamics of an Under 21 DUI in Utah
Driving under the influence or drunk driving is already a serious and punishable crime in Utah, but when an individual is charged with a DUI and they are under 21, the repercussions can be extremely severe. Under UCA 53-3-231, Utah has a strict Not-a-Drop policy against drinking and driving for individuals who are under the age of 21. This means that anyone under the age of 21 may not operate a vehicle with a detectable amount of alcohol in the body.
If an individual is convicted of an under 21 DUI they can face such consequences as a suspended driver's license. The length of suspension will vary depending on if the offense is the first, second, or subsequent DUI offense. Additionally, an under 21 individual who refuses to submit to chemical testing for a DUI can receive a license suspension.
Under Utah's Code of Motor Vehicles Chapter 6a � 509, a person who is 19 years of age but under 21 that is convicted of drunk driving can have their license suspended for up to one year or until they turn 21, whichever time period is longer. Additionally, if the individual did not have a Utah driver's license at the time of conviction, they will be denied the issuance of a driver's license or learners permit in Utah. This applies to the first initial DUI offense.
If an individual 19 years of age but under 21 is convicted of a second or subsequent DUI offense within 10 years of the first offense in Utah, they can have their license revoked for up to two years or until they turn 21, whichever time period is longer. If the individual did not have a Utah driver's license at the time of conviction, then they can be denied a driver's license or learners permit for two years or until they turn 21.
If an individual under the age of 19 is convicted of a DUI offense in Utah they can have their driver's license suspended until they are 21 or have their application for a driver's license or learners permit denied for the conviction.
For a second or subsequent DUI offense by a person under the age of 19, that individual can have their driver's license revoked until the age of 21 or be denied the issuance of a driver's license or learners permit until they are 21 years of age.
Interlock Restriction in Utah
In Utah when an individual is interlock restricted, they are not allowed to drive any vehicle without an Ignition Interlock Restricted Device installed in the vehicle. Usually, the time period a person must have the device installed in their vehicle is 18 months. However, if an individual under the age of 21 is convicted of a DUI offense they must have the device installed in their vehicle for a time period of 3 years.
A good criminal defense attorney can even help juveniles who might be facing an underage DUI charge and will be there through every step of the process including any hearings that might be required. Additionally, a knowledgeable criminal defense lawyer may be able to help you obtain a limited license in Utah for work or school purposes. Although a driver's license suspension is the most common result of an underage DUI in Utah, an individual may be able to apply for a limited license in Utah after one year of being violation free and with written clearance from a primary care physician.
Darren Levitt is a Salt Lake City, Utah criminal defense attorney who is well versed in representing individuals who are facing a wide variety of criminal charges such as DUI, domestic violence, sex crimes, violent crimes, drug possession, theft and juvenile crimes. From felonies to misdemeanors, no case is too big or too small every client is important and Mr. Levitt is dedicated to providing the highest level of professional service and integrity to each individual client. For more information or a free consultation visit our website: [http://www.defenselawutah.com/CriminalDefense/DrunkDrivingDUI/Under21DUI.aspx]Utah underage DUI attorney.
Article Source: [http://EzineArticles.com/?The-Dynamics-of-an-Under-21-DUI-in-Utah&id=6634538] The Dynamics of an Under 21 DUI in Utah
Wednesday, January 4, 2012
A Closer Look Into the Alcohol Breath Test
By [http://ezinearticles.com/?expert=Mark_Germain]Mark Germain
When an individual is stopped for suspicion of drunk driving they are often tested to see if they are in fact under the influence of drugs and alcohol. Most of these tests are for initial screenings and concrete results usually come in the form of blood or urine testing. One of the most common methods of testing is the breath alcohol test, which requires an individual to blow a breath sample into a machine that measures the alcohol content of an individual's breath.
Breath analyzing machines such as the Intoxilyzer and the Breathalyzer often use technology such as infrared spectrometry and fuel cell technology to measure the alcohol levels in a person's breath. The models that use infrared spectrometry are most commonly used for evidential breath testing and the models that use fuel cell based testing are mainly used for preliminary testing at the scene when an individual is pulled over for suspicion of driving under the influence or DUI.
The way these two technologies work is very scientific, but to summarize, Infrared spectrometry works by measuring the wavelength of ethyl alcohol, the substance that is in alcoholic beverages and electrochemical fuel cell technology basically works by turning alcohol into an electric current.
Because these breath analyzers are mere machines, its results are not always 100 percent accurate and false readings can happen. An issue with breath analyzing machines is that they not only identify the ethyl alcohol found in alcoholic beverages, but they also identify other substances that have the similar molecular structure of ethyl alcohol.
Factors that could trigger a positive reading from an Intoxilyzer, even though an individual might not have been drinking, can include a person's diet, the surrounding air temperature, occupational substances. For instance, a person who works daily around substances such as paint or cleaning products an inadvertently inhales them, can blow a breath test that will register as if they have been drinking. Additionally, dieters and diabetics can have extremely elevated acetone levels, which is a substance that can be falsely identified as ethyl alcohol by some breath machines.
Just because you have blown a breath test that was positive for alcohol does not mean that you will be automatically convicted of a DUI offense. Many times a simple error committed by the arresting officer is enough to have a DUI case against you dismissed or reduced. Additionally, faulty equipment that that hasn't been properly maintained can malfunction and give improper readings.
Your experienced criminal defense will look for factors such as these to help build a solid defense against a serious DUI allegation. Your criminal defense attorney will examine the particulars of your case and find mitigating circumstances that could potentially have your charges reduced or dismissed.
Mark Germain is a criminal defense attorney at The Law Office of Germain and Coulter in Melbourne, Florida. He has represented numerous men and women that were facing a DU I charge as the result of a faulty breath test. Mark Germain encourages individuals who have taken a breath test and charged with DUI to contact an experienced criminal defense lawyer to examine the possibilities of error. For more information please visit our site: [http://www.criminalattorneymelbournefl.com/AreasofDefense/DrunkDrivingDUI/BreathTestDUI.aspx]Melbourne DUI attorney.
Article Source: [http://EzineArticles.com/?A-Closer-Look-Into-the-Alcohol-Breath-Test&id=6647349] A Closer Look Into the Alcohol Breath Test
When an individual is stopped for suspicion of drunk driving they are often tested to see if they are in fact under the influence of drugs and alcohol. Most of these tests are for initial screenings and concrete results usually come in the form of blood or urine testing. One of the most common methods of testing is the breath alcohol test, which requires an individual to blow a breath sample into a machine that measures the alcohol content of an individual's breath.
Breath analyzing machines such as the Intoxilyzer and the Breathalyzer often use technology such as infrared spectrometry and fuel cell technology to measure the alcohol levels in a person's breath. The models that use infrared spectrometry are most commonly used for evidential breath testing and the models that use fuel cell based testing are mainly used for preliminary testing at the scene when an individual is pulled over for suspicion of driving under the influence or DUI.
The way these two technologies work is very scientific, but to summarize, Infrared spectrometry works by measuring the wavelength of ethyl alcohol, the substance that is in alcoholic beverages and electrochemical fuel cell technology basically works by turning alcohol into an electric current.
Because these breath analyzers are mere machines, its results are not always 100 percent accurate and false readings can happen. An issue with breath analyzing machines is that they not only identify the ethyl alcohol found in alcoholic beverages, but they also identify other substances that have the similar molecular structure of ethyl alcohol.
Factors that could trigger a positive reading from an Intoxilyzer, even though an individual might not have been drinking, can include a person's diet, the surrounding air temperature, occupational substances. For instance, a person who works daily around substances such as paint or cleaning products an inadvertently inhales them, can blow a breath test that will register as if they have been drinking. Additionally, dieters and diabetics can have extremely elevated acetone levels, which is a substance that can be falsely identified as ethyl alcohol by some breath machines.
Just because you have blown a breath test that was positive for alcohol does not mean that you will be automatically convicted of a DUI offense. Many times a simple error committed by the arresting officer is enough to have a DUI case against you dismissed or reduced. Additionally, faulty equipment that that hasn't been properly maintained can malfunction and give improper readings.
Your experienced criminal defense will look for factors such as these to help build a solid defense against a serious DUI allegation. Your criminal defense attorney will examine the particulars of your case and find mitigating circumstances that could potentially have your charges reduced or dismissed.
Mark Germain is a criminal defense attorney at The Law Office of Germain and Coulter in Melbourne, Florida. He has represented numerous men and women that were facing a DU I charge as the result of a faulty breath test. Mark Germain encourages individuals who have taken a breath test and charged with DUI to contact an experienced criminal defense lawyer to examine the possibilities of error. For more information please visit our site: [http://www.criminalattorneymelbournefl.com/AreasofDefense/DrunkDrivingDUI/BreathTestDUI.aspx]Melbourne DUI attorney.
Article Source: [http://EzineArticles.com/?A-Closer-Look-Into-the-Alcohol-Breath-Test&id=6647349] A Closer Look Into the Alcohol Breath Test
Monday, January 2, 2012
Criminal Law Terms - What Is Strict Liability?
By [http://ezinearticles.com/?expert=Kathryn_Lively]Kathryn Lively
Whether you study criminal law or have become involved in a situation where knowledge of the law is critical, it is helpful to know the terms used during a case. The more you know, the better you will gain an understanding of the situation and how it affects you or your loved ones. Strict liability is a term you may hear in connection to a criminal case. What does it mean?
Strict Liability: a Definition
Where strict liability is concerned, prosecutors do not always seek to prove a person's guilty mind (also known as mens rea) to connect him or her to the offense. In other words, the defendant may not have set out to commit a crime, but actions involved that led to the occurrence of wrongdoing could lead to a conviction of the person in question. A person may be ignorant of the law, yet may still face conviction.
Examples of Strict Liability
Such laws were created centuries ago as a means of holding factory owners accountable for a variety of safety hazards and ensuing accidents. These days, strict liability is used more often in minor offenses where a defendant is not necessary a criminal, but not entirely blameless.
Parking Violations - A driver parks his/her car in the wrong place. Regardless of the reason - emergency or otherwise - strict liability allows for the issuance of a citation.
Violations Involving Minors - A person buys an alcoholic beverage for a minor, or an 18-year-old has intimate relations with a younger, albeit consenting, boyfriend or girlfriend. Strict liability may work in these cases and lead to a conviction.
Manslaughter - A person unknowingly or accidentally causes another person's death. While the defendant did not intend for this to happen (i.e. not intent to commit first-degree murder), he/she is not wholly blameless.
Violations involving dubious situations - In some actual cases, people who have offered services (selling alcohol, distributing prescriptions) may be found liable of wrongdoing.
Strict liability is designed to hold people liable of wrongdoing, even though these people are not generally viewed as criminals. The punishments meted out for such offenses may not be severe, but if convicted a person could end up paying fines, doing community service, or serving jail time. It basically depends on the offense. If you find yourself or a loved one in a situation where strict liability applies to something that involves you, you will need a criminal lawyer who can help.
Kathryn Lively is a freelance writer specializing in articles on [http://www.twifordlaw.com]Outer Banks lawyers and [http://www.twifordlaw.com]North Carolina lawyers.
Article Source: [http://EzineArticles.com/?Criminal-Law-Terms---What-Is-Strict-Liability?&id=6656641] Criminal Law Terms - What Is Strict Liability?
Whether you study criminal law or have become involved in a situation where knowledge of the law is critical, it is helpful to know the terms used during a case. The more you know, the better you will gain an understanding of the situation and how it affects you or your loved ones. Strict liability is a term you may hear in connection to a criminal case. What does it mean?
Strict Liability: a Definition
Where strict liability is concerned, prosecutors do not always seek to prove a person's guilty mind (also known as mens rea) to connect him or her to the offense. In other words, the defendant may not have set out to commit a crime, but actions involved that led to the occurrence of wrongdoing could lead to a conviction of the person in question. A person may be ignorant of the law, yet may still face conviction.
Examples of Strict Liability
Such laws were created centuries ago as a means of holding factory owners accountable for a variety of safety hazards and ensuing accidents. These days, strict liability is used more often in minor offenses where a defendant is not necessary a criminal, but not entirely blameless.
Parking Violations - A driver parks his/her car in the wrong place. Regardless of the reason - emergency or otherwise - strict liability allows for the issuance of a citation.
Violations Involving Minors - A person buys an alcoholic beverage for a minor, or an 18-year-old has intimate relations with a younger, albeit consenting, boyfriend or girlfriend. Strict liability may work in these cases and lead to a conviction.
Manslaughter - A person unknowingly or accidentally causes another person's death. While the defendant did not intend for this to happen (i.e. not intent to commit first-degree murder), he/she is not wholly blameless.
Violations involving dubious situations - In some actual cases, people who have offered services (selling alcohol, distributing prescriptions) may be found liable of wrongdoing.
Strict liability is designed to hold people liable of wrongdoing, even though these people are not generally viewed as criminals. The punishments meted out for such offenses may not be severe, but if convicted a person could end up paying fines, doing community service, or serving jail time. It basically depends on the offense. If you find yourself or a loved one in a situation where strict liability applies to something that involves you, you will need a criminal lawyer who can help.
Kathryn Lively is a freelance writer specializing in articles on [http://www.twifordlaw.com]Outer Banks lawyers and [http://www.twifordlaw.com]North Carolina lawyers.
Article Source: [http://EzineArticles.com/?Criminal-Law-Terms---What-Is-Strict-Liability?&id=6656641] Criminal Law Terms - What Is Strict Liability?
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