The Criminal Attorney: Serving the Justice System

Friday, 31 August 2012 0 comments
ByAloysius Aucoin

Though under-appreciated (until you find yourself in need of one), the criminal attorney serves the role as one of the cornerstones of the justice system in America. Without them, trials would be little more than a rubber stamp. Prosecutions and police would run amok, with no counter balance to their legal maneuvering. It can even be seen today, as prosecutors with dedication go up against public defenders with an endless roster of clients or defendants who choose to represent themselves. The results are rarely pretty and the jury seldom gets a true picture of both sides of the story. While miscarriages of justice can certainly occur even with the best defense lawyer sitting at the table, the odds are somewhat evened. Here's a look at one of the most important roles in the court.

Relevance

Until there comes a time when lie detectors are infallible, our entire lives are filmed, and juries become obsolete, the criminal attorney will always be a relevant and important part of the justice system. Perhaps the most important statement before a trial is the admonishment given to the jury that the "defendant is to be considered innocent until proven guilty." The burden of this proof is on the prosecution. The defense has to prove nothing. An individual has a constitutional right to due process, and having a defense lawyer is an integral part of that right.

Their Role

The primary role of the criminal attorney is to act as legal representation of those who have been accused and charges with a crime. The process from there will generally take one of two routes. The defendant will ask for a plea bargain, in which case they may receive a lighter sentence for their willingness to admit culpability, or a trial, in which the prosecution will have to prove their case in front of a judge or jury. A good defense lawyer will be an important part of either path. They should be experts at both arguing for the best deal possible for their client as well as presenting a coherent and effective defense in court.

The Trial

During a trial, the criminal attorney will have one duty above all others: introduce the concept of reasonable doubt into the case. If a prosecutor was allowed to get up in front of the jury, argue, and interview witnesses without the interruption, objections, cross examination, and counter arguments from the other side, every case would be a slam dunk. Anyone can make an argument sound believable when no one takes the opposite side. The defense does just this, however, and if reasonable doubt can be raised in the prosecution's case, the jury should find the defendant not guilty.

Your Los Angeles criminal attorney should provide you with years of experience and expertise. The firm for the job can be found at http://www.gunsberglaw.com/

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Criminal Defense: Creating a Fund For Your Fees

Thursday, 30 August 2012 0 comments
ByAloysius Aucoin

It is a sad fact of the justice system that the more money you have, the better criminal defense you can afford. While everyone is entitled to legal representation according to their means, the difference between hiring a private attorney and relying on the public defender is a vast one. While anything is better than attempting to represent yourself, you're unlikely to get a cognizant, excellent legal strategy from a PD who is handling dozens of cases simultaneously. But if you can't afford the fees that come with a good private attorney, what can you do? Here is how you can set up a fund for your fees.

Choose Your Method

According to the IRS, you have four different kinds of organizations you can set up in relations to legal funds. The first is legal and organizational, the second is a human rights organization, the third is a public interest law firm, and the fourth is a group initiating action as the plaintiff. Your criminal defense fund must meet one of these definitions, which are expounded upon in IRS literature. Which organization you create may differ depending on your exact circumstances, though it will likely be centered around the first type.

Charitable Trust

You'll need to create a charitable trust, complete with an overseeing board, if you want to begin soliciting donations. An operating plan will be drafted and the funds collected will be dispersed according to the rules of that plan. The unfortunate truth is that you will probably need to hire a lawyer to get all of the details of this charity in order, including the tax details. If everything is done correctly, however, you should qualify for tax exempt status, which means you can use all of the donations to pay off your criminal defense fees.

Get the Word Out

Once you have your charitable trust in place, you can begin soliciting donations for your criminal defense fund. The best way to do this is to publicize your case. Your friends and family members may be willing to donate to your cause, but if you want to collect a serious amount, you'll need to go beyond that. It will help tremendously if you have some sort of angle to your story that will entice others to donate. No one wants to feel as though they are donating to someone who is in jail because they belong there. The internet, local news organizations, and writers in the area can be powerful sources when it comes to getting the word out about your case.

Baton Rouge criminal defense is a practice that no lawyer should take lightly. Put your future in the caring hands of http://josephkscott.com/

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The Crime of Shoplifting in Mississippi

Wednesday, 29 August 2012 0 comments

Shoplifting in the state of Mississippi is defined as when someone willfully and unlawfully takes possession of any merchandise for sale by any merchant or store, with the intention and purpose of converting such merchandise to his or her own use without paying the merchant's stated price. The statute can be found in the Mississippi Code Title 97, Chapter 23, Part 93 (Shoplifting). Shoplifting is a serious crime that is committed by people from all walks of life. Being charged and having to face a judge at court are embarrassing and stressful enough, but even worse is the possibility of receiving a permanent conviction. A permanent conviction would forever brand you as a thief and carry a lifetime of negative consequences.

For cases of merchandise $500 or less in value, the offense is a misdemeanor punishable by a fine of up to $1000, or six months in jail, or both. If you're a first-time offender charged with shoplifting in Southaven, Mississippi or the North Mississippi area, you're biggest concern is whether this offense will stay on your record. Fortunately, the law does allow shoplifting charges to be expunged. For representation in your case, and to insure that it stays off your record, contact a Mississippi shoplifting defense attorney.

How your case is handled is going to depend on the particular judge and the prosecutor. Some cases will require a guilty plea followed by a period of probation. Some cases are deferred, meaning that the court handles the case without a guilty plea. The case is taken under advisement by the judge for a period of time. The defendant may be required to enroll in a theft class, pay restitution to the store, or complete a number of hours of community service. The Mississippi expungement laws can be found in Title 99, Chapters 15 and 19 of the Mississippi Code.

At the end of probation or at the end of the deferment, the charge may be dismissed. A Mississippi criminal defense lawyer can help you through this process and then petition the court to expunge the matter from your record. Once it is expunged, you regain the status you held before being charged. That is, you do not have to disclose to anyone that you were charged, and all public records of the case are destroyed. The state of Mississippi will keep a private record of the case.

How long can it be before your Mississippi shoplifting charge can be expunged? Like with most conditions, it depends on the judge, but generally it could be six months to a year. All court costs, fines, restitution, and other requirements must be completed and paid in this time.

For help with your shoplifting charge, contact Southaven, MS criminal defense lawyer Patrick Stegall. For first-time offenders, Mr. Stegall can represent you in court, enroll you in a program that will dismiss the charge, and file the necessary paperwork to expunge it off your record permanently. Email him at pstegall

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Why A DUI Lawyer Can Help You If You Get Charged With A DUI

Tuesday, 28 August 2012 0 comments
ByRyan Akin

It is inevitable, everyone will make a mistake from time to time. One mistake that can never be ignored, however, is a DUI. There are millions of DUI cases every year throughout the United States, and if a DUI case ends in conviction, it can spell disaster for the involved party. A DUI is by far one of the most common and most damaging major traffic offenses on the books. A DUI can shatter a person's family life, ruin a person's career, and haunt a person for the rest of his or her life.

Many people don't realize how much damage a DUI can do. It stays on a person's driving record for years, and carries many significant penalties. First, a person's auto insurance rates usually skyrocket right after a DUI. In addition, if a person finds it necessary to use a company vehicle, whether a CDL truck or a small vehicle for deliveries, they may not be able to even be insured by their company's insurance policy after a DUI, which could result in getting fired. Lastly, and while this isn't an "official" penalty, it does happen without question. When a person has a DUI on his or her record, it becomes easy for a police officer to pull that person over for suspicion, even if they aren't doing anything wrong. It's unfortunate, but it happens.

What can a person do to prevent this if they ever find themselves facing a DUI charge? The absolute most important thing is to get a DUI lawyer as quickly as possible. Fighting a DUI without legal assistance is all but impossible. A good DUI defense typically costs a couple of grand, but relative to dealing with the problems of having a DUI on one's record, it pays for itself relatively quickly. Most DUI lawyers will work with prosecutors and judges to get a DUI reduced before it even goes to trial. They can often get DUI charges reduced to much less serious charges out of court, resulting in charges that will drop off of a person's record much sooner, and with much less life shattering consequences.

A DUI doesn't have to be a life ruining event. While it can definitely be a wake-up call, a person should always do everything in their power to get it reduced to a lesser charge. DUI lawyers are a necessity for anyone dealing with a DUI, and there is no reason a person should ever just take the DUI charge and not fight it. Having a good DUI lawyer is the key. Without proper representation, a DUI can run one's life.

To learn more about DUI lawyers please visit this link!

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The Importance of Having a Blood Sample Retested in a DUI Case

Monday, 27 August 2012 0 comments

Many DUI cases involves breath tests. Depending on the jurisdiction you live in the particular machine may be different, the particular procedures may be different, and how the breath sample is tested may be different. But there is one thing common in every DUI breath test case regardless of the jurisdiction. The Defense cannot have that breath sample retested months later to verify whether it was correct.

However in a DUI blood draw case. Where a defendant was arrested and a sample of their blood was taken and tested at a laboratory, that same blood sample can be retested by the Defense. In my opinion this is an incredibly important tool of investigation at the Defense Attorneys fingers, and when it can be accomplished the blood sample should be retested for a variety of reasons.

First, think about that how many times has a client said they only had two drinks three hour prior to driving, and their breath test show a.15 alcohol level. Sometimes the numbers just don't match up, and other than assuming the client is lying there can be no other explanation except the number was wrong. But fortunately this doesn't have to be the case in a blood draw DUI. The Prosecutors blood test results can be challenged by your own expert to see whether the actual blood alcohol level was the same. If it was then no harm no foul. But if it wasn't then you have an entire plethora of arguments you can make.

Secondly, in most DUI blood draw cases the blood sample is only tested for alcohol, or drugs. Usually not both. In some cases to offer an alternative explanation of the defendants impairment, it might be a good idea to get the blood retested to see if there what else was in the defendants system. Perhaps an involuntary intoxication claim will be made at trial, and having the sample tested for other substances other than alcohol may accomplish this.

Lastly, it can be used for tactical reasons when negotiating with the Prosecutor or creating legal issues. Lets say you sent in a request to preserve the blood sample. But the laboratory did not do it, and now evidence has been lost. Well had you never intended to have the blood retested, then this evidence wouldn't be lost and governmental misconduct wouldn't apply. So sometimes just going through the motions of doing something will in and of itself create a legal issue that can be taken advantage of.

Matthew Leyba is the founder of Leyba Defense PLLC, a Seattle DUI Law Firm located in Seattle, WA. His practice is devoted to defending those accused of DUI's and is widely considered a top Seattle DUI Lawyer.

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The Legal Notebook: Bail and Bail Bonds

Sunday, 26 August 2012 0 comments
ByMax Kat

Definitions

Bail bonds are arrangements made by a person with a bondsman to cover for the amount of money needed in order to be released from the jailhouse. Bondsmen can be individuals or businesses who offer to lend money for an interest. Bondsmen are legal services providers who take bond provision as one of their roles. The term insurance bonds are contextually used to ensure that the money is released to the court.

Bail is instrumental in setting an accused person free to live like a normal citizen until such time that his arraignment in the courthouse commences. This is possible through pledging either cash or property as decided for by a judge. Many factors are being considered before a person is permitted to get bailed. The function of the cash or the property deposited is to provide an assurance for the accused person to appear before the court at an appointed time. Failure to do so will result in charges of violating the terms of appointment and possible forfeiture of the pledged cash or property.

The Types of Bail

Cash. This involves money deposited to the court. In most cases, the amount of money needed for a bail to be executed is more than what a person can actually pay. This leads to the same person seeking help from others which can lead to the one below.

Surety Bond. Mostly referred to as bail bonds, this involves a relative, a friend, or a third party individual or company providing the money needed for a person to get bail out of the jailhouse.

Release on Own Personal Recognizance. This type allows for the police to release the accused person and make the latter feel more responsibility to show up in courthouse without the necessity of pledging money or property. This is applicable to individuals whose offenses are not grave enough to consider them a threat to the society. The risk of a person's fleeing is also taken into account where those with low potential to violate their court appointment are given better chances.

Property bond. Apart from money, a person's property may also be used as security for release. This is made possible through a lien. When he fails to meet his appointment, the property is forfeited.

Cite Out. Also called Release on Citation, this type involves a person being released instead of being detained. This does not mean total freedom at all. Depending on the gravity of the offense and a person's legal profile, he may not be arrested but is ordered to appear before a judge on a specific date.

Please visit Orange County Bail Bonds for frequently asked questions about bail bonds.

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Bail Bonds In The World

Saturday, 25 August 2012 0 comments
ByAlen Ghouliance

When the service of a bondsman is sought, he usually covers the total or the partial amount of money the client needs in exchange for a certain percentage as a fee. This partnership involves a certain degree of security as the person needs to appear before the court at the appointed date or face charges including having the bondsman responsible for paying the courthouse money as a penalty. A bondsman maintains close relationship with courthouse officials and often works with insurance companies, banks, or other credit providers to secure money for its clients.

In the United States

In the US, bail bonds are popularly practiced and have become an integral part of the due process of the law. Because of this popularity, laws have been passed to regulate the practice of third party involvement in bail payment. These laws are created at the federal and state levels and aim at regulating the fees charged by bondsmen to their clients, the rights so the bondsman in recovering losses when a client ends up fleeing and violating his courthouse appointment, and the terms involved on whether the bond money is partially or totally refunded or forfeited.

In Canada

Before bail bonds are approved in Canada, specific criteria should be met: that the accused is not a minor, that the surety is not serving the same function for another accused individual, that the surety is not legally representing the accused, that the surety is not a resident of the province, and that the surety is not a victim of the accused.

In Other Countries

Bail bonds are not that popular in other countries with some even totally not open to its possibility. Some countries like those in Europe provide surety bond services but mostly in the context of trade. In other countries where bounty hunting is permitted, surety bonds are practiced but not in high frequency.

In general, providers of bail bonds, whether they are individuals or companies, are expected to act as supervisors to the accused. This means that they are also involved, to some extent, to the accused showing up on his appointment date otherwise, they are made to pay forfeiture fees. In some countries, sureties are the friends or relatives to the accused who may be living in close proximity to the latter.

Individual provider of bail bonds are also expected to not possess any criminal records of any forms. This is taking into consideration credibility before the law. Note that while surety bonds are an option in countries where it is permitted, other types of bonds co-exist with it. Among these is Release on Personal Recognizance where the accused is released by the police and totally avoids the possibility of going to jail until indicted.

For more information about bail bonds, please visit: Los Angeles Bail Bonds

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Restraining Orders in the State of California

Friday, 24 August 2012 0 comments

A restraining order is a type of legal order that requires an individual to do or refrain from doing a particular activity. A person who does not obey the order will face criminal or civil consequences and may be required to accept sanctions or pay damages. Additionally, violations may be deemed a serious criminal offence that results in arrest and possible prison time. The state of California issues restraining orders to protect individuals from being physically or emotionally harmed. The person obtaining the order is referred to as the protected person and the individual the order is against is called the restrained person. Some include other individuals such as family or household members of the protected person.

What Does a California Do?

In general, a restraining order in the state of California includes personal conduct orders to cease certain acts against individuals listed as protected persons. It can have a serious effect on the restrained person, for example, he or she will not be able to go to specific places or engage in certain activities. Examples of activities one may be required to stop include:

• Any type of communication such as telephone calls, letters, and email messages

• Stalking

• Threatening

• Harassing

• Physically attacking including sexual assault

• Destroying personal property

A stay-away order requires the restrained person to stay a specific distance away from protected person or persons and his or her residence, vehicle, workplace, children's schools or child care facilities, and other important places to the person.

A residence exclusion order instructs the restrained person to vacate where the protected person resides and only take personal belongings until the date of the court hearing. There orders can only be requested for certain types.

Types in California

In the state of California, there are four types including a Domestic Violence Restraining Order, Civil Harassment Restraining Order, Elder or Dependent Adult Abuse Restraining Order, and Workplace Violence Restraining Order.

Domestic Violence

An individual can obtain a domestic violence restraining order is he or she has been abused by someone whom he or she has a close relationship such as a romantic relationship (married, domestic partnership, dating, separated, divorced, or live together) or closely related (parent, child, sibling, grandparent, or in-law).

Civil Harassment

A person can request a civil harassment restraining order if he or she is being harassed, abused, stalked, or threatened by an individual that is not categorized in the domestic violence category such as a roommate, neighbor, or distant family member (aunt, uncle, cousin, nephew, or niece).

Elder or Dependent Adult Abuse

An elder or dependent adult abuse can be attained if an individual is aged 65 years or older or between the ages of 18 and 64 and have specific physical or mental disabilities that prevent normal activities or protection of ones self; and the victim of physical, emotional, or financial abuse, neglect or abandonment, or deprivation by a care giver of necessities.

Workplace Violence

A workplace violence order can be requested if a person is an employer and the purpose is to protect an employee who have previously suffered from violence, harassment, stalking, or threats of violence at the workplace. An employee cannot ask for a workplace violence restraining order, it must be requested by the employer. The employee can ask for a different type of restraining order if he or she wants protection.

Steps on Obtaining a California Restraining Order

Obtaining a restraining order in the state of California is a complicated process because of the nature of the order. To request, a person must apply with the local superior court.

1. An individual must completely fill out the required documents, which include a request for the order, temporary restraining order, and notification of court hearing. If the person requesting the order has a child with restrained person, he or she must fill out a child custody, visitation, and support request form. The requester must also check with the local county court to determine if there are any additional local county forms required. The forms should contain precise details to increase the chance of the judge accepting the order.

2. The forms must be delivered to the court clerk to give to the judge. Once the judge examines the forms, he or she will make a decision whether to grant the restraining order. The clerk will inform the requester if the judge seeks to discuss the order.

3. The person must then wait for the judge's decision. The court clerk will inform the requester of the decision by the next business day. The individual receives the documents back with the judge's decision.

4. If the judge does not agree to the order, an individual can request a hearing to have the order reviewed a second time. The judge may grant the request after the hearing. The request can also be re-filed at a later date.

5. After the judge signs the request, the individual receives five copies and should keep a copy on them at all times to show to the police if a problem arises. The individual must provide anyone else protected with a copy of the order. If a restrained person is forbidden for entering specific places such as a school or workplace, the individual should distribute copies at each location.

6. The original order is just temporary, so the requester must attend a hearing to receive the permanent restraining order. The temporary order only lasts three weeks.

7. Once the order is obtained, a process server or police officer will serve the restrained individual with a copy of the order.

More on restraining orders here.

Obtaining a restraining order in the state of California is a complicated process because of the nature of the order. To request a restraining order, a person must apply with the local superior court.

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The Dangers of Drinking and Driving

Thursday, 23 August 2012 0 comments
ByJason KS Porter

Even though many people are told that drinking and driving could result in fatal consequences, many do not take precautions before drinking and end up behind a wheel. Driving after consuming alcohol is dangerous because it affects you physiologically and mentally. Alcohol affects you physiologically. A high blood alcohol content (BAC) affects your visual acuity, depth perception, peripheral vision, color recognition, muscle control, and night vision.

Alcohol affects you mentally. Alcohol is a depressant that can be considered a "mind-altering drug." After drinking, individuals often have a hard time processing information and thus anticipating risks on the road. Research has shown that even with a BAC level of just.045 the ability to make a decision is reduced by 15 percent. When intoxicated, it is common for drivers to express more uninhibited and aggressive behavior. With memory, concentration and emotional control affected, a driver is in a dangerous position.

A recent study tested the skill and reaction times of both a sober and drunk group of individuals. The experiment showed that the alcohol group made significant more errors while performing tasks and that they evidenced a longer reaction time. According to one of the testers, "Our findings indicate that the motor component of information processing recovers during declining BACS, but it appears that the cognitive effects of the drug linger well after motor performance is back to drug-free levels."

The tester went on to share an example where this would be deadly: if a driver saw a car ahead of him brake, but slammed on the accelerator instead of the brake (a cognitive failure). This test proved a crucial point: even if drivers wait a little bit after consuming alcohol before driving, they could still be just as dangerous on the road.

When your judgment, concentration, comprehension, coordination, vision and hearing and reaction time have all been affected negatively, the results can be lethal not only to yourself but to other drivers on the road. If you have been accused of drunk driving, you should seek legal help immediately. With drunk driving related injuries and death statistics still alarmingly high, you can expect the courts to take hard-hitting action against you, even if this is only your first offense. If you want to avoid harsh penalties such as hefty fines, jail time, probation, ignition interlock device installation, and other punishments, you need a qualified defense team on your side. When facing such serious charges, you don't want a substandard attorney representing your case.

Jason K.S. Porter, P.A. is a DUI defense lawyer in Jacksonville, Florida. His firm received an AV

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What Does a Hung Jury Mean in a DUI Case?

Wednesday, 22 August 2012 0 comments

You may hear the term jury deadlocked, or hung jury in today's media culture. But what does it really mean in a DUI case. To put it simply in your standard DUI jury trial there are 6 members of the jury. To reach a decision the verdict must be unanimous. Meaning in order to find the defendant guilty or not guilty all members of the jury panel must agree.

However there are times when this will not happen. And some of the jurors will reach different decisions regarding the facts, witnesses, and legal issues in a DUI case. When that happens the jury becomes deadlocked, or hung among the panel. Generally when that happens there are a couple of things that will happen.

First is a Judge will always ask the jury to go back and try and reach a decision. Usually that conversation states like this. The Judge will inquire as to what the hold up is. Then the Judge will ask if the jurors think they can reach a decision. Judge's aren't stupid. They know if the jury cannot reach a decision then that means extra work, and additional legal issues to be sorted out later. If the jury thinks they can reach a verdict then the Judge will usually tell the jury to go back and try to work out any issues that may exist.

Secondly if the jury says they cannot reach a unanimous decision, and they are deadlocked. Then that means the case will end in a mistrial. Meaning a decision cannot be rendered, and the entire case would start over. There is no penalty for the jury or anything. They are released and free to talk about the case. However because the entire case would have to start over this is not good for either party, but especially for the Prosecution.

In my experience in DUI cases that end up in a mistrial, depending on the facts of the case, and the defendants criminal history the case may not be retried. Usually Prosecutors will look at the facts, and the history in making that decision. If the defendant has never been in trouble before, and the facts of the case are not egregious then they can choose to not retry the case, which would result in a dismissal of the charges, or they can offer a plea deal which was not made before. Typically the later is what happens, but sometimes the charges will just be outright dismissed.

Matthew Leyba practices law in Washington state as a Seattle DUI Lawyer. He is widely considered a top Seattle DUI Attorney in his field, and widely respected among his peers.

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When to Subpoena the Arresting Officer in a DOL Hearing

Tuesday, 21 August 2012 0 comments

The DOL hearing occurs when an individual gets arrested for a DUI. This hearing determines whether or not a drivers license suspenson will occur. Although this is a civil hearing, that is unrelated to the criminal legal action there are still rules of evidence that apply and legal strategies that need to be made.

One such strategy is deciding whether or not to subpoena the arresting officer. Generally in my opinion there are three situations when the arresting officer should be sent a subpoena and required to attend the DOL hearing.

The first would be if there are no technical arguments based on the documentaton sent by DOL. Sometimes DOL will send the police report to the attorney. When looking at the police report is the arresting officer forgot to check a certain box, or wrote the wrong date, or wrote the wrong name for the defendant, or forgot to send the breath test ticket or a section of the police narrative these are all technicalities that could result in the license suspension being dismissed. In these situations it is best to not hav the arresting officer present to correct these mistakes.

Secondly would be if the arresting officer is unavailable. Sometimes I have heard of police officers being on an extended leave, or simply moved to a different jurisdiction. If this is the case and you're aware of it then send a properly served subpeona to the arresting officer. If the officer doesn't appear at these DOL hearings then the license suspension could be dismissed if you can prove the officer was properly served a subpoena and has ignored that request.

Lastly would apply if the above two situations are not going to work and the defense attorney would like to have essentially a free deposition with the arresting officer without the Prosecutor in the criminal case being present. Remember the DOL hearing is not a criminal action, so the Prosecutor would not be present during the examination of the arresting officer. There would be a hearing officer who works for the DOL, but they have no part in the criminal case. Having the Officer present for the DOL hearing gives you the ability to cross examine them. If they say something that is inconsistent with the police report, or if you catch them in a lie you can always get a copy of the transcripts and use them in the criminal case.

Matthew Leyba is one of the premiere Seattle DUI Attorneys in Washington State. If you have been charged with a DUI dont wait contact a Seattle DUI Attorney ASAP!

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Protection Through Public Arrest Records

Monday, 20 August 2012 0 comments
ByBen Jen

Criminal activities are part and parcel of modern living. They have become a thoroughly pervasive element within our society. One aspect of our Law Enforcement measures to combat that is the documenting of all incidents of run-in with the law. The nature of crimes and their perpetrators come in all shapes and sizes so it behoves us to take extra precaution wherever possible. To protect ourselves and loved ones, we must be able to detect danger early. One of the best ways to help us do that is by having ready access to the public arrest records of anyone who appears questionable to us. Such records are known to be widely used in standard employment and credit due diligence nowadays. There are other categories of criminal history information available but arrest records are the most telling overall and are a basic component in standard background checks.

Arrest files on criminal history of individuals are mandated by law to be made available to the public as long as criteria of eligibility are met and procedures are followed. They contain huge amount of information that will shed light on the background of folks with whom we cross path. These records include the type and reason of detention if any, regardless of whether incarceration resulted and we can then form our own opinion from that. Personal particulars of the subject and specific details such as date, time and location of the occurrence will also show up in a public arrest records search.

It is a requirement in the US that all arrests made by Enforcement authorities are entered into the Criminal Record file of the detainee. Expectedly, the Police departments are by far the predominant agency engaged in this function anywhere in the country. As such, the local police station where the incident took place if that is known would thus be the best place to check for such documents. Other government agencies for public arrest records are the county courts and jails. Lastly, this information is also increasingly made available online through official web portals of those concerned government departments, along with private ones.

FBI, CIA and other classified-security operations aside, criminal history information falls under the jurisdiction of the State government. As such, the procedures and regulations for conducting public arrest records searches at public agencies vary from one state to another. Generally, applicants are required to submit a letter of request or fill out an official application form accompanied by specified valid identification and fees. Most states offer both name and fingerprint-based searches although the latter is always strongly preferred for reasons of superior data integrity and accuracy.

There are typically a few options in requesting public arrest records through government agencies. Walk-in, mail, telephone and fax requests are the traditional modes of application but the most popular method these days is online over the Internet. It is the most convenient, fast and practical for both provider and requestor alike. As mentioned, a great number of private websites are also in the fray today, both free-of-charge and fee-based versions. Needless to say, paid ones are invariably more appropriate for official purposes or anything beyond casual browsing.

Compared to days of old, the entire process of conducting public records searches these days is such a breeze. This is especially so with professional commercial providers, leaving little excuse for folks to not go out and secure that extra for themselves and their loved ones. What was previously restricted to Security and other authorized government agencies has become a standard public amenity, thanks to the Right of Information Act. The best part of it all is that like many other things in life these days, quality commercial providers of this type of service are conveniently available over the Internet offering high value at low cost.

Looking for Public Arrest Records? We can guide you on choosing the best option with our specialist information about Arrest Records.

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A Rape Lawyer Can Improve Your Chances of Avoiding Jail

Sunday, 19 August 2012 0 comments
ByAloysius Aucoin

If you have never needed to contact an attorney before, you may find finding a rape lawyer an unnerving task. You need to find an experienced attorney to handle your situation, and determine whether or not a case can be built in your defense. You should aim to find a rape lawyer that will be genuinely intrigued by your case, and skilled enough to defend you against any level of prosecution.

You may feel that the best person for the job is someone who charges high fees and runs ads on television. This type of legal professional may be good, but you don't want to throw away money. Some of the best rape lawyers are those that don't spend money on advertising on television and therefore won't charge you exorbitant fees for legal services. You want an attorney that is reasonable in their prices, and very good at defending their clients against rape charges.

It can be very difficult to defend a person who is accused of rape or sexual assault. This is why it is important for you to hire someone who specializes in sexual assault defense. You are going to need every bit of law on your side, and it helps when you have a legal professional to help make your position more credible. Ask about their record, and see if they have a good track record of winning more of these types of legal situations than they have lost. If this is so, you know you are putting your case, and your life, in good hands.

It is understandable that since you are facing such a dire situation, you don't have a lot of time to choose a good rape lawyer. One way you can take advantage of the time you do have is to get some referrals from trusted friends, relatives or colleagues. Schedule a consultation with each one. Don't be shy, and tell them about your situation. Any attorney who is worth your time will be interested in your case, and ready to provide with good legal advice on what you need to do. You will feel confident about their skills.

You need to take into consideration their prior caseload. If you find yourself with a rape lawyer who always seems to have a full plate, and has to find time to squeeze you in, you may want to hire a lawyer that has more time available for you. This will give them more time to learn more about your case, and get all of the facts straight. Don't rush into anything, even though you may be anxious to have this situation put behind you so you can move on with your life. If you put a little effort into which you choose to defend you, you will be more likely to get your desired outcome in trial.

A San Jose rape lawyer  can help you avoid jail time for your charges. Visit http://www.sexcrimelawfirm.com to set up your consultation today.

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The History of the Old Bailey - Background and Origins

Saturday, 18 August 2012 0 comments
ByStuart P Mitchell

The Old Bailey is one of the most famous institutions relating to law and crime in the UK and perhaps beyond. The building and courtrooms of the Old Bailey have been the stage for many of the country's highest profile criminal cases down the centuries and so the name, as well as the building with its domed roof and gold statue of Lady Justice, have become symbolic of the judicial system and the courts of London and the UK.

Background
The name the 'Old Bailey' is used to refer to what is more accurately the Central Criminal Court for England and Wales (Scotland & Northern Ireland have their own) and the buildings that make up the court complex. The courts are to be found on the edge of the City of London on the corner of the Old Bailey road and Newgate Street.

In its role as a crown court, the Old Bailey has and does witness the most significant and serious criminal cases from around the capital as well as a few, when their specific circumstances warrant it, from elsewhere across England and Wales. As a result it has the highest profile of any criminal court in the country and so it is referred to extensively in popular British culture. The iconic Lady Justice statue atop the domed roof symbolises British justice whilst the functional entrance to the courts in south of Old Bailey has become very familiar to us all from countless news reports down the years.

Early History
The common-use name for the courts is actually taken from the name of the street on which it is found. The name of the street in turn refers to the fact that it was historically the site of the western segment of the old wall, or bailey, surrounding the city of London. The wall originally dated from the Roman occupation and a small portion of it can still be seen in the basement of the Old Bailey court buildings.

The site immediately to the north of the Old Bailey was the location of a gate within these walls which could also trace its origins back to the Roman era and which sat across the old Silchester to Londinium Roman road. The imposing gate buildings, which became known as Newgate, were appropriated to house criminals entering or leaving the city and in 1188 the first incarnation of the infamous Newgate prison was constructed at the gate on the orders of Henry II.

The Old Bailey courthouses evolved as an addition to the Newgate prison whilst the prison complex was developed and improved in the 16th century using funding from the late Sir Richard Whittington (the inspiration behind Dick Whittington). The first record of the actual law court dates back to 1585 although that, along with the rest of the prison complex were destroyed in the 1666 Great Fire of London and whilst the prison was rebuilt in 1672, the courts were not reestablished for a further two years.

Part 2 of this article covers the expansion of the courts and the development of the modern Old Bailey.

© Stuart Mitchell 2012

If you want to find out more legal services in the capital then you can visit Solicitors London.

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The History of the Old Bailey - Expansion

Friday, 17 August 2012 0 comments
ByStuart P Mitchell

Having been resurrected after the Great Fire of London, the Old Bailey court buildings saw significant developments throughout the Georgian period alongside its neighbour, Newgate gaol, until it was completely rebuilt at the start of the 20th century. The second instalment of this article tells this story, arriving at the Old Bailey we know today.

Georgian Developments

The newly rebuilt Old Bailey courts were open to the elements until 1734 to reduce the prevalence of diseases and with good reason it seems. After they were enclosed to improve privacy, typhus became a common problem, accounting for 60 souls in one outbreak alone, the Lord Mayor amongst them. The buildings saw further developments between 1774 and 1824 when a new court was added. Following the fire and up until 1834, the courts had had a limited remit as the court for London's shire county of Middlesex but, in 1834, the Old Bailey took on responsibility for hearing cases from across England as it became officially recognised as the Central Criminal Court for the first time.

In its role from the time of the Great Fire of London to its designation as the official central court for England & Wales, the Old Bailey was also responsible for hearing all death penalty cases in the capital due the presence of the neighbouring Newgate prison. Newgate became the holding gaol and the final destination for those awaiting the ultimate punishment and indeed the hangings of convicted prisoners were performed just outside of the gaol and court buildings right up until 1868. The gaol and the courts of the Old Bailey were connected by a passage known as Dead Man's Walk where crowds of spectators would gather to admonish the guilty party on their short trip to the gallows. The popularity of this spectacle grew to the extent that the court authorities were forced to build an underground passage for the condemned after one single crushing incident in 1807 which killed 28.

20th Century Development

Up until the twentieth century the Old Bailey and its courtrooms were annexed to its much larger next-door neighbour, Newgate prison. In 1902 however the last of the ancient and infamous gaol was finally demolished and in its place the modern Old Bailey was constructed and extended to form the buildings that are much more recognisable to us today.

This new Old Bailey was built in an Edwardian Baroque style by the architect Edward Mountford, the man who was also behind the town halls in Sheffield and Lancaster. It was complete with a ceremonial entrance, still only deemed fit for the Lord Mayor and royalty, as well as the famous dome with its iconic and unmistakable Lady Justice figure stood upon it. The Lady Justice herself (a derivation from the classical goddesses of justice, e.g., the Roman Justitia) was created by the sculptor Frederick Pomeroy with the sword in her right hand and scales in her left to signify the weighing-up of evidence and the application of justice respectively. The new grand Old Bailey finally had its official opening by the reigning Edward VII in 1907.

However, a third of a century later the building suffered extensive damage from German bombing during the London blitz and the building wasn't fully restored to its former glory until some years into the 50s. The interior of the Great Hall beneath the dome, for example wasn't completed until 1952 although it was updated to include paintings which reflected its turbulent recent war history, the older history of the city of London as well as key figures in the history of law and justice (and of course royalty). The Blitz wasn't the last trauma to hit the buildings of the Old Bailey though as they were also damaged by a strategically placed IRA car bomb in 1973 - perhaps a perverse testament to the role that the courts play and their importance in criminal law proceedings in the UK. Visitors to the courts can still see a shard of glass which became embedded in the wall above the main staircase as a result of the explosion.

The final or most recent stage in the development of the Old Bailey complex came the year previous in 1972 when it was extended with the construction of the new South Block boosting its capacity and taking its court count to 19 - a long way from its original incarnation as a single courtroom annexed to the long gone Newgate gaol.

© Stuart Mitchell 2012

If you want to find out more legal services in the capital then you can visit Solicitors London.

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What Can a Criminal Attorney Do for You?

Thursday, 16 August 2012 0 comments

If you are being accused of a crime and you don't know where to turn to for help, you need a good criminal attorney by your side. It doesn't matter what your personal feelings are about having to hire an attorney, the fact of the matter is you need one to help you win your case. If you are not ready to face the consequences for the crime you are accused of committing, then you need to make sure that everything that can be done to help you is. If you need a better idea of how a good criminal attorney can help you, then continue to read on.

Believe it or not, no matter what crime you are being accused of, a good criminal attorney can negotiate a deal with the prosecutor if it is true that you are guilty. By negotiating the terms to an acceptable plea bargain, you may be able to accept responsibility for a lesser crime and face lighter consequences. You wouldn't be able to do this on your own. In some cases depending on your particular crime, a plea bargain can also result in the charges being brought against you being dropped.

Since you may be unfamiliar with the whole legal system, a good criminal attorney can provide with some guidance and advice. Many people who find themselves being prosecuted for a crime often have unstable emotions and can end up feeling depressed. A good attorney will keep it real and let you know what you are facing, what your options are and how it is going to be handled. They won't give you some fairytale story that will mislead you about what is going to happen, when people find themselves in situations like these, they often need a reality check. You will also have the opportunity to learn about your rights and how to further protect them. If there is anything you need or want to know about the law, your attorney can assist you.

By hiring an attorney, you can avoid having your case being drawn out. It's hard enough having to explain to everyone like your friends, family and employers what's going on. But to be kept on pins and needles about what is going to happen can be extremely stressful and could wind up costing you your job.

If you are ready for all of the madness to end and to get a grip on what will be your reality, you need to take your time to hire a good criminal attorney. You never know how much you will appreciate their services until you see in action what they can do for you. Now is not the time for you to take chances, cross your fingers and hope for the best. You need to make sure that your case will be handled right, so you can breathe and get on with your life.

A criminal attorney San Francisco defendants can rely on can help you with your case too. Find out how at http://www.summitdefense.com

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Spousal Privilege and CDV in South Carolina

Wednesday, 15 August 2012 0 comments
ByJames Snell

Generally defined, spousal privilege is a legal rule that prevents one spouse from being forced to testify against the other. This article provides a brief introduction to how this legal principle applies to the prosecution of Criminal Domestic Violence cases in South Carolina.

Spousal privilege is based on S.C. Code

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Criminal Defense Attorneys Answering Questions About Drug Charges

Tuesday, 14 August 2012 0 comments
ByAce Abbey

Criminal defense attorneys field a lot of interesting questions throughout the day and especially during consultation with a potential client. He or she is rarely surprised by the details surrounding the charges that a potential or current client is facing. Whether they represent the person or not, once it is discovered that they are one of the city's local criminal defense attorneys, they are asked to offer advice. Frankly, there are several websites that these lawyers contribute to that are devoted to offering free advice to men and women with general concerns for their freedom, potential legal pursuits at this point and the rights of the police to search, seize and arrest.

Frankly, drug charges have been and continue to remain prevalent in our culture; these attorneys try to offer as much advice and legal guidance as possible. The expertise that these criminal defense attorneys have to offer helps answer seekers from the youngest to the oldest with limited advice on the most general to the most intricate of legal circumstances. In this article we will explore a few of the scenarios criminal defense attorneys face. They have to get organized and pursue evidence, character witnesses and a strategy against the criminal charges their clients face or answers to the questions website guests have in regards to specific charges with jail time and fines pending.

Regardless of the question or the amount of advice that is dispensed, all of the attorneys advise the men and women to seek local counsel in their area before moving forward with their legal situation. But many of the questions that they receive, in regards to drug related charges, include scenarios. They want to know if they can be arrested for requiring emergency assistance after ingesting illegal drugs. They want to know if they can be arrested after a warrant has been exercised on a house they were in that contained drugs. They want to know what their next steps should be before their date in court.

In these cases, council with an experienced criminal defense lawyer can help provide these individuals with valuable information regarding how they should move forward, including what are their rights at this point, how they may be penalized and how they can prepare for their day in court. These critical details in any case are why each website is riddled with attorneys advising questioners to find reputable counsel in their area so that they can get all of attention they need to help them in their specific case. They can sit down with their own lawyer and share all of the details that will salvage their future. With the influential circumstances clarified, the criminal defense lawyer and his client will have to outline the events of the day in question so that any evidence or witness accounts can be useful to their defense strategy. From the information given and compared to the police report (if applicable), the attorney will utilize his or her knowledge of police procedure, preparing for upcoming court dates and attempting to lower the charges present.

Criminal defense attorneys Sacramento defendants can trust, have experience with charges like yours. Get in touch with http://www.sacramentodefense.com

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DUI Attorneys Dispel DUI Myths

Monday, 13 August 2012 0 comments
ByAce Abbey

Although being distracted while driving can turn out to be a deadly vehicular offense, a DUI charge isn't always applicable. There are many reasons why a driver may have been moving erratically. He or she may have spilled something, they may have been on the phone, they may have been falling asleep, preoccupied with thought of other distracting drivers or obstacles in the road. To be quite honest, a DUI attorney isn't surprised when their clients just openly admit to them that they didn't have any alcohol that day, they are just not always the best driver. But the officer was adamant and there was nothing that he or she could do besides show up for their day in court with legal defense and any evidence that they could use to support their claims. DUI attorneys work with their clients to gather as much evidence as possible.

The evidence gathered will have to points of focus. On one hand, the DUI attorney will focus on the officer. He or she will look at the officers training to spot and test drivers, whether the drivers adheres to standardized regulations or judgment calls, how reliable they have been in the past, the history of faulty equipment. Faulty equipment can be the result of the heat in that area; if it is not stored properly or tested regularly, the tester won't incorporate calibrations for the temperature change and it won't be reported properly, for example. Then there is the driver who may have consumed medications that read as alcohol on the breathalyzer device. Truly the dividing line that the lawyer will pursue all of the reasons the equipment could have given a faulty reading which would make it no one's fault in the end. All of the evidence is presented as leverage to help in reducing or dismissing the charges of driving under the influence.

On the other hand, the DUI attorneys will focus on their client's condition during the time leading up to and at the point they were pulled over. There are many factors that can influence unsteady driving and wobbly road side sobriety testing. General health and emotion can intervene with exhaustion, stress, anxiety from being pulled over or they are just a bad driver. Just because the officer thought the driver seemed to be under the influence doesn't make it true and that is what DUI attorneys are specialized to be able to handle.

DUI attorneys in Sacramento can give you a hand when you've gotten ticketed after drinking. See what a lawyer can do for you at http://www.sacramentodefense.com

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On the Role of the Criminal Law Clerk

Sunday, 12 August 2012 0 comments
ByChase Castle

In every industry, there are those who work behind the scenes to ensure that the activities of each organization are carried out accurately and efficiently. The hallmark sound of the Prussian stamp thudding against a sheet paper has for centuries announced the presence of such individuals, and while the methodology of clerical work has largely changed with the advent of the computer age, that same sound still resounds in the offices of criminal law, where the might of traditional and ceremonial custom is brought face-to-face with the fast-paced, high-tech processes of the modern age. This clash between the past and the present requires a unique skill-set to master, paramount of which are the abilities to master archaic terminology, modern mediums of communication, and above all, to develop an adaptive frame of mind.

There are a number of words and phrases which, when used properly, serve to make criminal procedures all but incomprehensible to the layman. Phrases such as "Comes Now," and "Counsel of Record," may cause the average reader to pause, while phrases like "In Pari Delicto," or "Sua Sponte," are confounding in the extreme - not the least because they are words taken from a dead language. For an effective criminal law clerk, however, such phrases and words must at the very least be familiar, as courts often demand their usage in official documents for the sake of tradition and professionalism. Even without an adept's understanding of Latin, a criminal law clerk must be prepared to place these terms throughout legal documents appropriately and, perhaps more importantly, know when to omit these terms. Whereas the absence of these traditional terms might be tolerated by a judge, the incorrect placement of those terms might change the meaning of an entire document, and make it inadmissible to court records. So far as efficiency is concerned, there is nothing worse than being forced to do the same work twice.

While archaic terminology is a basic requirement necessary for all effective law clerks to master, one surprisingly overlooked qualification is a mastery of the modern modes of communication. This includes methods such as email, faxing and even properly formatted postal envelopes. Of these three, properly formatted and professionally appearing envelopes are perhaps the most crucial, as many courts require original documents and do not accept facsimile or electronic copies. To be familiar with proper mail-address formatting may seem a given - yet, such a familiarity implies intimate knowledge of word-processing programs and printer capabilities, as handwritten envelopes are, to say the least, unprofessional. That said, knowledge of fax systems and the process of emailing is also critical; as more and more courts begin to accept digital copies of documents, law clerks are required to be familiar with professionally structured and properly formatted e-docs.

Given the variation between what sorts of documents courts will and will not accept, the most important qualification of a criminal law clerk is that of adaptability. Understanding that each court and each judge has their own demands - and being able to meet those demands - is paramount to being an effective legal clerk. Being prepared to make use of archaic terminology or modern terminology; being capable of filing documents early enough to meet the demands of courts who require original, physical copies, vs. those which only demand electronic, digital copies; understanding how each individual court schedules hearings; even being capable of meeting the demands of other criminal law clerks - all these and more require an ability to adapt to each unique case and each unique situation. Without this adaptability, not only will the work of resolving criminal cases be compounded exponentially, but the appeal of a law clerk as an employee is inherently reduced.

In short, the ability to adapt to the requirements of any legal situation, to understand all of the modern and less-than-modern forms of communication, and finally, to comprehend when and where to use archaic legal terms, will determine the ultimate effectiveness of every criminal law clerk, whether they serve a court, a public defense association, or a private defense attorney. Indeed, while many bureaucratic and clerical positions are able to thrive on stolid and uncompromising methods, that of a criminal law clerk requires a flexibility that is, in almost every field, otherwise unknown.

http://www.myutahlaw.com

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God Is Watching You So Be Good - Does Modern Government Surveillance Want to Mimic That Motif?

Saturday, 11 August 2012 0 comments

In previous times people in many societies believed there was an almighty God watching over them, watching everything they did, and they were in fear that if they did something wrong their God would see them, and therefore not let them into the special sanctuary of the afterlife. It makes sense that you wouldn't want to do anything wrong if your God was watching you at all times. This perhaps was an interesting concept, and kept the masses in line, and for breaking the rules or laws which were made up by other men who wanted to keep control over the population for the sake of civility, and a cohesive society.

Today, we see that there are a tremendous number of people and populations all over the world who don't believe in a God, or gods, and they are not one with a religious cause to help and guide through life. Without some sort of concept, they might easily figure that they can do anything that they can get away with, and that is fine with them. Of course, this sort of attitude is not so good for having an honest society full of integrity, where folks are not stealing, hurting, or killing each other.

Indeed, the other day I was having a discussion with an acquaintance about the reality that with today's computer surveillance tools, everyone feels as if someone is watching everything they do online, in fact they may fear that due to all the mobile tech devices, that everyone else is watching too, and they have a digital camera with them as well.

With everyone watching, they don't dare do anything wrong, because they might get caught by the authorities. This fear of being watched or getting caught, or being disciplined for the things that they do, or being judged by those activities they engage in is probably enough to get a good number of people to think twice about any sort of errant behavior they might be thinking about perpetuating.

In that case, one could say that our modern day technology, mobile personal tech electronics, and the Internet have all conspired to take the place of all the religious storylines of an almighty God watching over each and every one of us. Now I'm not a conspiracy theorist by any means, but you have to wonder if our modern government surveillance doesn't have some sort of plan, and is executing that plan using a little bit of fear, and a lot of technology to do just that.

One might say if it prevents crime, it's a good thing? Others might say they don't appreciate the privacy invasion therefore it is illegal or unconstitutional. Either way, philosophically speaking, one could argue that our technology whether we like it or not is replacing at least one of the components involved with religious control over the masses. And I'll leave you with that to please consider and think on.

Lance Winslow has launched a new provocative series of eBooks on Crime and Future Policing Technologies. Lance Winslow is a retired Founder of a Nationwide Franchise Chain, and now runs the Online Think Tank; http://www.worldthinktank.net

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Class Warfare Is Dangerous And Incites People Who Need An Excuse to Lash Out to Get Back at Society

Friday, 10 August 2012 0 comments

Not long ago, I was at the coffee shop and I was talking to a police officer about some of the crime going on in our local area. You see, I live in an area which has a very low crime rate, so it was rather interesting, and unfortunate that there was an uptick in the crime rate recently. As we got to talking, he explained an arrest he made recently when he escorted a detective to a suspect's house to ask them some questions. After he arrested one of the suspects and took him back to the station for booking, and the suspect knew he had been caught red-handed, the police officer asked him; "why did you do it?"

His answer was rather troubling, as the suspect stated that it didn't matter because the person he had robbed and the house he had broken into was owned by a very wealthy individual who had plenty of money, and didn't need it. The suspect also stated that he was probably some wealthy corporate business person and part of the one percentile who didn't pay any taxes. Well, I have news for everyone out there, that individual probably pays more taxes than most of us, and since when is it okay to steal from someone just because they are rich, or rather richer than that particular suspect? And who made him the judge, jury, and Robin Hood to go steal from someone else to give to himself?

It seems to me that what we have going on here is some class warfare which is getting rather dangerous. It is inciting people to lash out, and it's giving them an excuse to go do crimes. Today it was a robbery, but what might it be tomorrow? And how many other home robbery suspects are doing crimes because they now think it is okay to take from the rich? And who may I ask gave our politicians permission to put these ideas into the heads of our population and citizens?

Whoever is doing that, and I'm not going to point any fingers because I know we are in an election year, but they ought to yank that Teleprompter away from the individual who is putting this nonsense into the minds of thieves and criminals. It's not okay to steal, and it hardly matters who you are stealing from. Indeed I'd like you to please consider all this and think on it, and perhaps you have a solution to figure out a way to unplug the megaphone and the amplified media putting these crazy ideas into malcontents and criminals.

Lance Winslow has launched a new provocative series of eBooks on Future Police Technology. Lance Winslow is a retired Founder of a Nationwide Franchise Chain, and now runs the Online Think Tank; http://www.worldthinktank.net

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Hire the Best DUI Lawyer the First Time

Thursday, 9 August 2012 1 comments
ByAce Abbey

If you are being charged with driving under the influence, then chances are you have given the law enforcement in your area reason to suspect that you were intoxicated when they pulled you over. With a DUI lawyer on your side, you can fully understand the details of your charges and build a strong defense.

In most cases, people who are facing a DUI charge have a BAC level that is over the legal limit of that particular state. You can also be charged if you are caught operating a motor vehicle while under the influence of controlled substances such as illegal or prescription drugs.

Contrary to what you see on television, law enforcement doesn't rely on the appearance of a vehicle that is being driven precariously on the road. They often have to rely on the results that are gathered from field sobriety tests. AN officer can pull you over on suspicion or for another reason entirely, but when they speak to you and suspect that you may be inebriated, they can request that you submit to one or several sobriety tests so they can gauge the depth of your intoxication. Field sobriety tests include breathalyzers, walking lines, motor skills checks and even blood tests. Any observations the officer has made about you and anything you have said at the time of the event will be taken into consideration and can be used as evidence against you as well.

Now, just because an officer requests for you to take a field sobriety test does not mean you have too. They are completely voluntary. Even when the tests are given properly, there is still a large enough margin for error that makes their accuracy lower than 100%. This may lead you to wonder how you can be found guilty of a DUI if there is a loophole that can make proving intoxication difficult. That is something that a reputable DUI lawyer can and will most likely use as part of a defense on behalf of their clients.

No matter where you are, the consequences of being charged and convicted of a DUI can be severe and far reaching. This is why you need to take every precaution you can to avoid being convicted of this type of charge and the best way to do so is to hire a DUI lawyer. Depending on the nature of the offense and whether or not you have any prior convictions on your record, the severity of your punishment can range from being placed on probation, fined and needing to complete some type of community service or being sent to jail, heavily fined and ordered to complete a drug or alcohol treatment program. Not to mention the stigma that the charge carries and how it can affect your life in other areas.

If you don't want to have to deal with all of the consequences that you face from your decision to drive while under the influence, then you need to give yourself the best fighting chance by hiring a reputable DUI lawyer.

Without a DUI lawyer San Jose residents facing charges can suffer from harsh penalties. To seek fair treatment, go to  http://www.summitdefense.com.

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Signs of a Good Criminal Attorney

Wednesday, 8 August 2012 0 comments
ByAce Abbey

When you are in the middle of a situation that requires you to hire a criminal attorney, there is no need to stress how serious your situation is. You don't have time to waste and you certainly done want to leave your life in the hands of someone who is not skilled, experienced and aggressive enough to help you get your desired outcome. Since there are thousands of lawyers, you need to look for a criminal attorney that is unique and stands out from the rest. By looking for a lawyer with some special traits, you can improve the outcome of your case.

You may be all for furthering the education and experience of a lawyer that is fresh out of law school, but think about it, can you really afford to leave your case in the hands of someone that is untried and unproven. You need a criminal attorney that has a ton of trial experience. They have the expertise that is needed when it comes time to select juries and how to develop a good defense that will help clear your name.

You will do best to select a criminal attorney that has an exceptional reputation; this means that your lawyer is most likely to win any case he takes on. This type of lawyer has contacts in many places and has a large network. They may not be the most liked, but they know their role well enough to play the cards they are dealt and win.

Even though you want a lawyer who has a fair amount of time to handle your case, you don't want one that has a completely open schedule. Having some other cases on their plate is good, it shows that other people value their services and are comfortable using them for their defense. If you select an attorney that is always available, that may be a sign that he doesn't have anything else to do, since he doesn't have any other clients to see too.

There are many great attorneys in your hometown. The more you travel, the more you are going to come out of pocket for expenses. If you are in jail and our lawyer needs to come and see you, it would be much cheaper and much easier for them to see you if you select an attorney from your area.

You ultimately want a criminal attorney that has some passion and is very persistent and not afraid to pursue your cause. They will not be intimidated by the prosecutor and able to go toe to toe with them. They can stand their ground while representing your case in court. Your lawyer should also spend a good amount of time going over your case and updating defense strategies whenever they are needed. You want someone who can notice the slightest discrepancy and investigate it. They can also make sure that your rights are protected every step of the way.

With an experienced criminal attorney San Jose defendants can fight for fair treatment in the legal system. To seek justice in your case, go to http://www.summitdefense.com.

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An Overview of Mississippi Youth Court

Tuesday, 7 August 2012 0 comments

Youth Court holds jurisdiction over all juvenile criminal matters in the state of Mississippi. These are cases where a juvenile (minors under the age of 18) is alleged to have committed a delinquent or criminal act. Youth Court laws and procedures are found in Title 43 of the Mississippi Code of 1972, Chapter 21: Youth Court.

If your son or daughter is charged with delinquency in Mississippi, you and he or she will be summoned to appear at your county Youth Court. If your child has been arrested, though, he or she will have a detention hearing to determine if they will be released or kept in custody. Because of the seriousness of these crimes and the long-term effects they can have, you should contact a Mississippi juvenile criminal attorney to discuss the case.

Juvenile crimes may include offenses such as shoplifting, assault, theft, drug or weapons possession, sex crimes, and even violent crimes such as robbery or attempted homicide. Juveniles are usually treated differently than adults when charged with crimes. The biggest difference between juveniles and adults in the criminal justice system is punishment and sentencing. In Youth Court, juveniles are not convicted of their crimes; rather, they are found delinquent and usually given an alternative sentence. This reflects the court's philosophy of rehabilitating youths rather than punishing them.

Not all youths go through this process, though. For violent offenses such as armed robbery or murder, the minor may be tried as an adult. If convicted, he or she could be facing a lengthy prison sentence. For felony matters such as these it is essential that you seek out an experienced Mississippi criminal defense lawyer.

As a parent of a child charged with a crime, the biggest priority is making sure that your son's or daughter's future is not jeopardized by this incident. An experienced Mississippi juvenile crimes lawyer can help attain a fair outcome. This may be through probation, community service, restitution, or other court-ordered conditions. Your lawyer can see to it that the charge is dismissed, that it does not become a permanent conviction, and is later expunged. Expunging the record of the case is important, as this will effectively clear it from the juvenile's record and insure that it does not harm their prospects for school or work.

How a Youth Court case is handled is going to depend on the facts. Non-violent crimes like stealing will result in a less severe sentence than a violent crime such as aggravated assault. Drug offenses may require outpatient or even inpatient treatment programs, or enrollment in drug court. Sex crimes such as sexual battery will likely require counseling and therapy. First-time offenders will be given less punitive sentences than repeat offenders.

Patrick Stegall is a Southaven, MS juvenile crimes lawyer. If your son or daughter has been charged with a crime in Desoto County, MS, Mr. Stegall can advise you and advocate for you. He has helped numerous young men and women in criminal matters of all types. Please contact him through email at pstegall

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Attending a Police Station Interview - What to Expect

Monday, 6 August 2012 0 comments
ByAndrew W Campbell

An interview at the police station for a criminal investigation is a very daunting experience. Actions taken and words spoken during the interview can determine the overall outcome of the criminal investigation so whether you've been physically arrested or invited down for a "chat" at the police station you should seek legal advice and representation as soon as possible. Anything said to a police officer, even before the official interview, can be used against you so ask for a solicitors as soon as possible. The police may say that it you'll have to wait a long time for a solicitor to be present, this is not the case.

So what are your rights?

Be informed to the right of legal advice at no cost. You may ask for the duty solicitor or inform that that you wish to represented by a particular firm / solicitor.You have the right to a private consultation with a solicitor / legal representative.You have the right to one phone call.You have the right to consult and view the Code of Practice.

All police station interviews must match national legal standards, known as 'PACE', (the Police and Criminal Evidence Act). PACE states what the interviewer must and must not do to ensure that the interview is fair. Before the interview starts you will be cautioned and told that you do not have to say anything but that it may harm your defence if you do not mention something which you later rely on in court.

The interview will be recorded and there will most likely be two police officers present who will ask questions and take notes. Take your time to think about any questions that are asked and if the police officers provide any evidence during the interview make sure you carefully view or read what they have. During your private consultation your solicitor will have advised you on whether to answer the questions or remain silent and will offer advice throughout the interview if needed. Interviews can be very long, depending on the criminal investigation, so it is advisable that you take regular breaks.

After the interview there are three potential outcomes following a police station interview; charged, bailed back or no further action (NFA):

If you are charged you can be taken to the Magistrates' court the next morning or released to attend the magistrates court by appointment.Bailed back means that you will be given a date and time to attend the police station again to find out whether you will be charged with the criminal offence(s) being investigated.No further action means that the case is dropped. The normally means the end of the criminal investigation although if more evidence is discovered you may hear from the police again.

MJP solicitors offer advice and representation at police station interviews. Our solicitors are fully police station accredited and have many years of experience in defending client's interests at the police station.

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The Duties Of A Public Defender

Sunday, 5 August 2012 0 comments
ByJinky Monsanto Tallod

In many movies and TV series, a public defender is often portrayed in a negative manner. But in reality, these lawyers are very competent and professional when doing their job. In a nutshell, the work of a public attorney is to provide legal counsel to those who are unable to hire their own private attorneys.

Aside from providing legal support, public lawyers are given several responsibilities. These responsibilities help them gain more experience to better help their clients get the help they need. If you are wondering of the these additional duties, here are some examples:

1. Meet New Clients

One of the main responsibilities of a public lawyer is to meet with new clients either in jail or in some other place. The goal here is for him to get an overview of the crime that the client is accused of and create a plan on how to defend them. This way they can better help and defend the individual accused of a crime.

2. Coordinate With The Client and His Family

It is also the public defender's responsibility to coordinate with his assigned client's family to make sure that they are informed of what's going on with the accused including the client's court appearance. If the client is on bail or is currently not incarcerated, it is the duty of the public defender to make sure of his court appearance.

3. Defend The Client

Defending the assigned client is the primary responsibility of a public attorney. They can choose whether to go to trial or make a deal, whichever they believe would be in the best interest of their client. Public defenders, just like any other lawyer, make sure that they give their best in every case to ensure that justice is served.

4. Sit In On Other Cases

Public attorneys oftentimes sit in on other trial cases to help them learn new techniques and strategies in handling and arguing cases. In some cases, they are asked to sit in because their assigned client is connected with an ongoing case. Whatever the case, it provides them an opportunity to gain new knowledge on legal matters.

Aside from the ones given above, there are several other responsibilities given to public attorneys which are important or required in their job. And despite the low salary, many public defenders continue working because the rewards they receive goes beyond the call of money.

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Civil Forfeiture and the Standard of Proof

Saturday, 4 August 2012 0 comments
ByJeremy Maddock

Unlike criminal proceedings, where an accused person must be presumed innocent until proven guilty and only punished once their guilt has been proven beyond a reasonable doubt, civil forfeiture proceedings operate on the balance of probabilities, meaning that the state must merely demonstrate that an individual has probably done something illegal in order to obtain forfeiture of their property.

This has allowed for de facto civil prosecution of suspected criminals when the Crown does not have sufficient evidence to secure a criminal conviction. In some cases, the Crown doesn't even lay charges for lack of hard evidence, but in the absence of a believable explanation from the accused, the court will order forfeiture of valuable properties. This is a clear example of how civil forfeiture legislation shifts the onus away from the state and onto the accused to prove their innocence.

In other cases, the Crown has been able to achieve forfeiture after a criminal conviction has been secured and the defendant has served his or her time. This amounts to a circumvention of the rule against double jeopardy, and essentially imposes a second punishment which is, in many cases, far more onerous than the criminal penalty itself.

Because Canada's Charter of Rights and Freedoms does not explicitly protect property rights, and the Supreme Court of Canada found Ontario's civil forfeiture statute to be a valid exercise of provincial power, seven Canadian provinces are now using quasi-criminal legislation to confiscate individuals' property on the balance of probabilities, without extending any presumption of innocence.

Provincial civil forfeiture authorities have been known to claim that forfeiture is meant to be "compensatory" as opposed to "punitive," and can therefore be imposed alongside criminal sanctions. By separating this process from the normal criminal sentencing, however, provincial governments have opened the door to grossly disproportionate global punishments in a lot of cases.

In situations where forfeiture cases are appealed, Courts of Appeal have shown themselves to be even less sympathetic to defendants and more stringent in their application of civil forfeiture legislation.

Saskatchewan Court of Appeal, for example, recently overturned a decision of the Court of Queen's Bench stating that full forfeiture of a truck was "clearly not in the interests of justice" when the offence in question was a one-time sale of $60 worth of Oxycontin tablets. The Court of Appeal found that forfeiture of the truck was appropriate, and that the trial judge had failed to adequately consider the need to compensate society for the harm caused by drug transactions.

In another case, the Alberta Court of Appeal upheld a Court of Queen's Bench finding that the defendant's vehicle was merely "incidental" to the offence in question and should not be forfeit, but quashed the lower court's ruling granting costs to the defendant, forcing him to absorb the cost of his own defence despite the fact that he was successful. This is contrary to the normal rule in a civil action.

All in all, appellate courts have shown themselves to be allies of the government, and not of defendants, in regard to civil forfeiture actions.

Jeremy Maddock is the editor of Civil Forfeitre.ca, a comprehensive index of Canadian civil forfeiture cases and resources.

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What If I Want To Change My Criminal Law Attorney?

Friday, 3 August 2012 0 comments

Because the stakes are so high when going to court, few relationships are stronger than the ones between a person who has been charged with a crime and their attorney. The fact that your freedom may be on the line not only when faced with a criminal charge but also because various penalties including long-term ramifications and financial. Having a strong and trusting relationship with your attorney will make the resolution of your case that much more important to your attorney. Not only is an open and honest relationship crucial from the beginning but also throughout the process so that a favorable resolution to your case is more likely.

What are your options if you are not happy with your present attorney?

Emails that are not returned, calls ignored; these are some of the signs that your lawyer is not giving you the best possible representation in advocating for your rights. Many times clients are never informed about the status of their case, what the next steps are and are virtually left in the dark. This makes dealing with criminal cases more difficult and if worse comes to worse, it is sometimes best to cut your loses and find a better lawyer. The one thing that you should remember is that you are always free to fire your lawyer because a lawyer's job is to give the client the best representation possible from the beginning to the end and if a client feels like he or she is not getting the best representation, they always have the option to find an attorney who can.

There are certain ways that you must handle issues like this to ensure that your defense is not put into jeopardy. Normally, if a case is fairly new, the risk of problems stemming from changing lawyers is less of a risk. As an example, if you wait until the eve of trial to get a new lawyer, the new lawyer may find it difficult to mount a strong defense in time and the result may be unfavorable. It is in your best interest to voice any dissatisfaction with your attorney as soon as possible so that your new attorney has plenty of time to prepare before court.

How do I go about changing lawyers?

It is fairly easy to get a new attorney by just visiting with another lawyer and explaining your case. When you find an attorney you like, he will only need to prepare a "Substitution of Attorney" form then, your new lawyer will collect all the case information and file the form with the court.

James Davis is a Jacksonville based Criminal Defense Attorney. His website James Davis Defense offers criminal law services as well as a Blog with answers to many law questions.

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License Suspended After DWI or DUI: Getting the Occupational Driver's License

Thursday, 2 August 2012 0 comments
ByMegan V Cook

It is very common for a person to have their driver's license suspended as a result of being arrested for driving while intoxicated (DWI), driving under the influence (DUI) or for other drug related criminal charges. If your license is suspended, likely you will still need to drive. For this reason, the Texas Transportation Code enables a person to get a driver's license for limited occupational purposes despite the driver's license suspension. This special temporary and limited license is called an occupational driver's license in San Antonio Texas and surrounding counties.

The occupational driver's license will enable a person to legally drive only to go to work or to fulfill other essential needs. If a person is caught driving while a license is suspended in Texas, the person risks getting charged with Driving While License is Invalid, which is a class A misdemeanor. A person can face up to a year in jail for a class A misdemeanor in San Antonio Texas. It is therefore best to obtain this aforementioned occupational driver's license if your license was suspended due to the DWI, DUI or other drug offense. You likely will need to hire an attorney to get your occupational license.

The Attorney will file a petition for occupational driver's license, and will hold a short hearing before a judge to attempt to get your occupational driver's license granted. If the Judge signs off on the document, the person will legally be able to drive for 30 days with the certified signed copy. Then, the occupational license can become a working way to drive until the original license is reinstated, once DPS receives the necessary documents and reinstatement fees. The estimated cost of this process to the applicant of the occupational license can range anywhere from $850 to $1200 in San Antonio, Texas.

It is important to know that you will not be successful in obtaining this occupational license if you do not get what is called SR-22 insurance coverage during the period that you will have this temporary/occupational license. Your Attorney will provide you with a contact for obtaining this SR-22. After you hire your attorney, you should be able to pick up a certified copy of your occupational license by the end of the week. However, the process will not be entirely complete until all documents are sent to DPS. While the process may be overwhelming, you will have an attorney to do the majority of the work. Remember, you really should hire a criminal defense Attorney for this process as likely they will be the most familiar with it.

If you need more detailed information for how the occupational driver's license process works, go to: http://lawyerdefend.me/?page_id

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Holidays and DUI

Wednesday, 1 August 2012 0 comments
ByJeff Paulk

One person is killed every half hour due to drunk driving. In 2011, there were 33,625 DUI convictions in Florida alone. A prominent time for DUI arrests are the holidays. While people are "making merry," a lot of alcohol tends to be consumed which can impair individuals' judgment and driving abilities. For example, during the July 4th weekend in 2011, there were 90 DUI arrests and 5 alcohol-related deaths. In 2008

Fourth of July was ranked the second most dangerous holiday, with half of all accidents caused by drunk driving.

With Labor Day fast approaching, what steps should individuals take to avoid DUI or a DUI-related accident during a holiday?

Designate a driver to take you home before you begin drinking
If you can't get a friend or family member to take you home, have cab numbers ready and take public transportation
Understand the legal limit: if you are 120 pounds, it only takes three beers or glasses of wine within an hour for you to be at 0.08
Do not get behind a wheel unless you are sober. Regardless of your BAC (blood alcohol content) level, you can get charged with a DUI if an officer deems you to be "impaired"
Contact the police if you see a drunk driver on the road
Don't allow a friend or family member to drive drunk
Remember that if your keys are anywhere near the ignition, even if you pull over to the side of the road to collect yourself, you can be charged with DUI
Offer non-alcoholic drinks at your party
Consider staying at home, or at least not making an extremely long journey by road

Along with Thanksgiving, which has been ranked the most dangerous holiday of the year for drivers, holidays such as Memorial Day and Labor Day came in third and fourth, as they hazardously fall on three day weekends. This causes a rush on the road, more holiday festivities, and more opportunities to get drunk. Statistics say that 30 to 60 percent more people die in accidents on the weekend than during the week.

Individuals should keep in mind that officers increase DUI checkpoints over the holidays and should make set-in-stone plans on how to get home safely before drinking. If you have been charged with drunk driving, you should get a DUI attorney on your side immediately. Florida takes hard-hitting action against drunk driving, and even if this is only your first offense you could be forced to pay hefty fines, spend time in jail, or be placed on probation.

Thomas & Paulk, P.A. provides aggressive representation for individuals charged with drunk driving. The firm has over 20 years of combined criminal law experience. The attorneys at the firm provide defense for alcohol-related offenses of all types, including DUI and even boating under the influence. Call today to learn more!

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