How to Use Narrative in Writing a Closing Argument for a DUI Case From a Defense Perspective

Friday, 14 September 2012 0 comments

The closing argument is one of the most important parts of the DUI trial. Next to voir dire, the closing argument can literally make or break a case. Far too often Defense Attorneys give a standard closing argument where they discuss the police officer's inconsistencies, read the beyond a reasonable doubt jury instruction, and then usually give a standard explanation on why the jury should find their client guilty.

This is not an effective method when giving a closing argument. Especially in a DUI case where the evidence is usually pretty stacked in favor of the Prosecution. Therefore a different approach needs to be taken in these types of cases. That is the use of narrative in the closing argument.

By definition narrative describes a sequences of events or tells a story, either fictional or non fictional. By using narrative in a DUI case you can put the jury in the shoes of the client, and take them back to the night of the arrest. Here are tips to focus when drafting your next closing argument.

Background of client: When using this method in your closing argument start off with a little background of the client. This will humanize the client, and show the jury they are not some monster but a regular person just like them. Describe what they did the night of the incident, where they went, how they were feeling. Emotion is very key for this section.

Clients version of events: Rather than simply going right into the testimony of the Prosecutions witnesses and attacking them. Try describing what took place when the client first observed they were being pulled over. How they felt when the officer was talking to them in the car. What was going through their mind during the field sobriety tests. Again the key thing to remember is to try and take the jury to that night. Describe everything that was going on. From the weather, to the tone of voice of the officer, to the fear and nervousness your client was having.

Counterargument: After a picture has been painted for the jury, and they have been taken back to the night of the arrest. Then this is the time to poke holes in the Prosecutions case. If the officer didn't administer the field sobriety tests correctly, then point it out. If the officer didn't observe slurred speech then point that out. The idea is to tip the scales of justice. All you need to show is there is a reasonable doubt as to whether the clients ability was affected by alcohol. So stay focused on these points, and don't go overboard.

Conclusion: After you have made your evidentiary arguments then take the jury back to the present. Describe the jury process. How your client is sitting there as a defendant in a criminal trial. Discuss the burden of proof. How the State hasn't met the burden due to the holes you have poked. Then lastly and confidently tell the Jury it is their duty to return the only just verdict in this case. One of Not Guilty.

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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Felony Lawyer: Finding the Right Representation

Thursday, 13 September 2012 0 comments
ByAce Abbey

If you've been charged with a serious crime, you will do well to hire a felony lawyer to represent you in your case. The sooner you can begin looking for one, the better off you'll be. The wheels of justice are known for moving extremely slowly, but it may not seem like that at first. Before you know it, you've been before the judge and may have even been through a preliminary hearing. If you can have an attorney by your side for these events, you'll be far better off. If deemed financially indigent, a public defender will be available to you, but if you can hire a private attorney, you should do everything in your power to get one. Here's how to find the right representation.

Recommendations

Whenever you're dealing with a service-oriented profession (and a felony lawyer fits into this category), your best bet will always be to look for recommendations. You can choose an attorney based on their advertisements, but those aren't going to tell you anything about the kind of attorney you're hiring. All they tell you is how good their advertising agency is, which isn't going to help you in a court of law. At the same time, you may not have many friends with experience in the criminal justice system. All the same, ask around and see what comes up. You may be surprised.

Things to Consider

When time is of the essence (which is probably will be in your situation), it can be tempting to hire the first felony lawyer you meet with. And that may be fine. But you shouldn't overlook major problems just because you want to bring your search to a quick finish. Having an attorney who is wrong for the case isn't as bad as representing yourself, but it isn't much better, either. Legal representation is expensive, so make sure you get your money's worth. Ask about an attorney's experience. Not only how much he has, but in what areas. Hiring a traffic attorney for your federal kidnapping trial is obviously nonsensical.

Working Together

Even the best felony lawyer could be wrong for your case. What's perhaps more important is how you get along with your attorney. No, that doesn't mean you need to be best friends. In fact, many attorneys prefer to keep a professional distance from their clients. But you should have rapport enough that you can work together easily towards the same goals. If you're constantly at odds about the direction of your defense, things aren't going to work out. Try to find an attorney who will listen to your concerns and won't be working against your wishes.

Get acquainted with a felony lawyer Baton Rouge defendants have trusted through many cases. Schedule a consultation with http://josephkscott.com

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What a Criminal Defense Lawyer Should Do For You

Wednesday, 12 September 2012 0 comments

Since getting arrested and tried isn't an annual occurrence for most people, defendants often have little idea what to expect from their criminal defense lawyer. Unfortunately, this knowledge gap leaves a lot of room for incompetent lawyers to make a fine living failing their clients. Since it can be difficult to look up a lawyer's track record (and the results can be misleading in any case), any particular defendant may feel in the dark when it comes to evaluating their attorney's worth. If you are currently in the hunt for a lawyer or want to determine whether or not you are being represented well, here are some things you should expect.

An Ethical and Aggressive Criminal Defense

While you can find plenty of ethical public defenders, you may find it a bit harder to come across one who meets the "aggressive" standard. This is because most public defender offices are overtaxed, to put it mildly. When you have many, many clients heading to court in a single day, there is only so much personal attention you can give to each one. A private attorney doesn't have this excuse, but they can still let down their clients. It's all the more inexcusable, considering how much they are paid for their services. If you feel that your lawyer could be doing much more for you, don't hesitate to let him know.

Giving Options

You should never feel as though your criminal defense lawyer is keeping you in the dark. Different defendants will have different relationships with their representation. Some prefer to collaborate on every aspect of their strategy, while others throw up their hands and let their lawyers handle every detail of the case. No matter which side you lean to, however, you deserve to have the options. Make sure your lawyer is giving them to you, along with his recommendations. While his input is important, it should ultimately be up to you which strategy you choose to pursue.

Developing a Coherent Strategy

While collaboration isn't a bad thing, it is a criminal defense lawyer's job to take the sketch of a strategy and flesh it out into a full scale theme. This theme could include rights that have been trampled on, police incompetence, or fighting to prove that you had nothing to do with the crime in question. While it isn't always necessary to put on a formal defense in front of the jury, this strategy should still be clear simply through the cross examination of the state's witnesses.

A criminal defense Baton Rouge lawyer can help you to build a proper case when you go to court. Find the assistance you need at http://josephkscott.com/

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Is a Criminal Defense Lawyer Really Necessary?

Tuesday, 11 September 2012 0 comments

You may think that being charged with a crime is the result of one or more bad decisions on your part. That may very well be true; it often is. But if you're thinking about defending yourself in court without the help of a criminal defense lawyer, you could be on the precipice of compounding your mistakes with another big one. Being arrested doesn't need to be the end of the world. Plenty of people have gone on after being arrested to become very successful, productive members of society. Even Bill Gates has a mug shot in his history. But if you represent yourself and hope for the best, you could be facing more trouble than you bargained for. Here are some of the reasons hiring an attorney is a very good idea.

A Conviction Is Serious Business

Sometimes, the prosecutor will go to a defendant and assure them that a conviction will not result in jail time. This will lull the defendant into a sense of security that tell them that hiring a criminal defense lawyer is a waste of money. While it's not a trick, it isn't to be trusted. A prosecutor can not make that guarantee. Though a judge is unlikely to dole out a stiffer sentence than what the prosecutor is seeking, it can and has happened. Even if you don't get jail time, however, having a conviction on your record will follow you for years. It could prevent you from gaining employment and even affect where you can live. If it can be avoided, it should be.

Misdemeanors

Don't make the common mistake of believing that a misdemeanor is not worth worrying about. A first degree misdemeanor could carry with it up to a year behind bars. Unless you think being locked away for that length of time is something you can easily deal with, you may want to get a criminal defense lawyer on the line.

The Public Defender

It has to be said that public defender's offices around the country are filled with bright, young attorneys who are doing everything they can to represent their clients to the best of their abilities. The problem is that most of these offices are understaffed and overworked. The pay is abysmal in most cases and you simply can't expect to get the kind of personal attention you would get from a private criminal defense lawyer. If you can't afford someone, then by all means: taking the assistance of the PD is far preferable to trying to defend yourself alone. But if you can afford the alternative, make every attempt to do so.

The criminal defense lawyer Baton Rouge defendants rely on is able to help them navigate the complicated legal system. Find a helping hand with http://josephkscott.com/

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When to Hire a Defense Expert in a DUI Case

Monday, 10 September 2012 0 comments

There are many different options and strategies in defending a DUI depending on the facts of the case, the time willing to be put in, and the resources of the law firm or client. One of the most important decisions to make in defending a DUI is whether to retain an expert for the purposes of negotiation or litigation during trial.

Generally in my practice there are several things I consider in deciding whether to retain an expert.

Is the client on board: This is important for a couple of reasons. Although strategizing, and defending a DUI is the job of the Attorney. There needs to be some kind of mutual understanding between the Attorney and the Client of what the defense is going to be. If it involves a legal argument, or credibility of a witness, or challenging the Prosecutors scientific evidence its a good idea to have the client understand the defense, and what will be argued. The other reason its important is the retention of an expert is generally not covered in the Attorney Client fee agreement. Meaning any expert fees need to be paid by the client. Therefore if a client doesn't have the resources to hire an expert that will cost $10,000 then retaining one would be a moot point.

Purpose of the expert: Often times I see Defense Attorneys retain an expert in a DUI case for no particular reason other than to make some general assumptions regarding an issue in the case. This tends to be not as effective, and a case where the Expert is specifically challenging a certain piece of evidence, or protocol the Prosecution is using. For example if would be ineffective to have an Expert come in and testify about certain procedures used during testing of the clients breath or blood test if there is no correlation between the facts of the present case, and the testimony the expert is giving.

Can testimony be elicited through the Prosecutions expert: Sometimes in rare cases the purpose of retaining a defense expert can be moot, if the Prosecutions expert can be used to elicit that same testimony. This is often a difficult situation to do because the Prosecutions expert might be unwilling or be difficult during the cross examination. But if the client has limited resources, and the testimony sought is generally accepted, it may be a better use of funds if an expert was not retained, and those funds were used for something else.

Obviously deciding whether to retain a Defense Expert in a DUI case varies depending on the facts of the case, and whether it would actually be helpful. Just having an expert for the sole purpose of just saying you have one will not look favorably in front of a jury and cause the Defense to lose credibility with not only the Jury, but the Judge, and Prosecution.

If you're charged with a Seattle DUI, dont wait to hire a Seattle DUI Lawyer. Its of the utmost importance that your constitutional rights are protected by a Seattle DUI Lawyer immediately. Don't wait!

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Moves To Make After A DUI Arrest

Sunday, 9 September 2012 0 comments
ByLou A Mitchell

There are five main steps that a person should do after they have received a DUI. The first step is to take a chemical test. This chemical test is going to help the police officers to find out a lot of information about the person. But the most important piece of information that they are going to need to know is the person's blood alcohol level. Therefore, if a person has refused to take any other tests, it is very important to take this test.

The second step is to make certain that you contact a DUI attorney. It is very important that a person never uses a general attorney for these varieties of cases. This is because these varieties of cases can be very complex. Therefore, it is going to take a lawyer that knows all about the legal laws pertaining to a DUI. The DUI attorney is going to help someone to get the best possible outcome from their DUI police arrest.

The third step is to find out where a bail bondman is in your area. This is because a person is going to have to figure out how to post their bail after they have been arrested. A person is going to have the pay a small fee and then the bondsman is going to pay your bail for you. Therefore, it is very important that a person shows up at all of their hearings unless they want the bondsman to come after you.

The fourth step is for a person to request a DMV hearing. A person is only going to have about 10 days based on their state to make this request. A DMV hearing is very important because this is where the court decides whether or not the person is going to keep their driver's license. Therefore, if this hearing does not get requested by you or your attorney, then a person is probably going to get their license taken away from them.

The fifth step is to plan for your arraignment. This is where one is going to make their plea to the court. It is very important that an individual does not plead guilty because there is a way that they could fight the charges and literally win the case. This is just another reason why a person is going to need to have to have an experienced DUI attorney on their side. They might be able to prove that you were not driving while being inebriated.

GoDUI is a lawyer resource center. Visit GoDUI for lawyers in any state.

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Hiring a Criminal Lawyer: The Information You Need

Saturday, 8 September 2012 0 comments
ByAce Abbey

If you're facing charges, it can be one of the most stressful things you will ever experience. But what you need right now is not a therapist but a good criminal lawyer. The system is in place to arrest, charge, and successfully prosecute people who have been caught in an investigation (or in the act). While there is plenty of lip service given to an individual's rights as the defendant, it is largely up to you to make sure those rights are protected. Without a good attorney by your side, this will be difficult to do. Here is the information you need to make a good choice.

Their Experience

There aren't many factors more important than experience when choosing a criminal lawyer. An attorney with the finest diploma from the most prestigious school can't hold a candle to another who has been plying his trade for the last fifteen years, day in and day out. If you have two attorneys with the same experience, there's nothing wrong with giving a slight edge to the one with the degree from Harvard. Even then, however, there are probably more important considerations that should go into your decision.

Availability

You can hire the best criminal lawyer in the country, but if they aren't there to answer your questions and take your calls, what good are they? You need someone who is willing to devote a significant amount of time to your case. If you get the impression that the attorney you're considering is too busy for your case, you may want to think about going elsewhere. People in the legal profession are going to be busy; unless their practice is failing, they aren't going to be at your beck and call 24/7. But that doesn't mean you should have to wait days for a call back. If you found it very difficult to get an initial consultation, that could be a sign that the firm is too busy for your case.

Reputation

A criminal lawyer lives and dies on his reputation. Find out as much as you can about that reputation before you make a decision about hiring one. Ask around. If you're currently locked up, you may want to ask some of the other inmates, if they are willing to talk. If you're out, try to see if there is anything online that can help guide you to a decision. You don't want to hire an attorney only to find out he is considered a joke in legal circles.

A Beverly Hills criminal lawyer can help you when you've been charged. Whether you're guilty or innocent, build a case with http://www.gunsberglaw.com

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The Pros and Cons of Plea Bargaining

Friday, 7 September 2012 0 comments
ByElias Essa

Plea bargaining - the practice of offering concessions to defendants in exchange for pleading guilty to one or more criminal charges - is hotly contested, both among lawyers and judges and by defendants in criminal cases. On the one hand, this practice saves the state a lot of money and can help defendants receive lesser punishments. It is also regarded as "justice for sale," and can cause the defendant to lose any chance of being judged innocent. Here's a look at plea bargaining from a criminal defense perspective.

Types

If you're discussing a plea bargain with your criminal defense lawyer, you should understand the basics of the process. It can be divided up into four major categories: charge bargaining, count bargaining, sentence bargaining, and fact bargaining.

The first allows you to plead guilty, but to a less serious crime than the one with which you were originally charged. The second lets you plead guilty to some of the original charges but not all of them. The third lets you know what specific sentence you're likely to receive in exchange for a guilty plea. The last allows you to plead guilty based on specific facts, such as the lack of a past criminal history.

Benefits of Plea Bargaining

From a criminal defense perspective, the major benefit of a bargaining is to take away the uncertainty of a trial. Bargaining also helps you ensure that you will not receive the maximum sentence for the crimes with which you have been charged. It can benefit you if you feel as though the trial evidence is stacked against you, even if you did not commit the crime. This is often the case in areas where a jury may be prejudiced against the defendant. From the perspective of the justice system, plea bargaining helps reduce or eliminate the time taken up by a trial, freeing space on the docket for other cases.

Problems with Plea Bargaining

If you know you're innocent and you choose a plea bargain, you will go to jail or pay a fine for a crime you didn't commit. You'll also get a criminal record that you cannot easily erase. Plea bargaining does not offer many benefits to defendants who have any chance of being found innocent. It can also encourage police to engage in shoddy investigations, and cause criminal defense lawyers not to bother preparing a quality case. Because the parties rely on their ability to make a deal instead of winning the trial, the justice system can suffer.

When You Reach an Agreement

If you do decide to bargain, it may take a while to come up with an agreement that suits both parties. Once you find an option that both parties can agree upon, the plea bargain must be entered into the court record in front of a judge. The judge then issues the sentence without consulting a jury. Both sides must legally fall all the terms of the plea bargain from this point on. If either side violates the agreement, it may be necessary to go back to court.

If you are being accused of a crime in Michigan you need a criminal defense lawyer Oakland County or a criminal defense lawyer Macomb County to help you through the process. You should consider Bloomfield Law Group. We have over 20 years of experience in Michigan fighting cases just like yours. You can visit our site today and learn more about criminal proceedings.

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Getting a Felony Attorney When Your Funds Are Limited

Thursday, 6 September 2012 0 comments
ByAloysius Aucoin

Defending yourself in a criminal trial without the aid of a felony attorney can be a big mistake. In fact, there are few upsides to making this choice. For those defendants who cannot pay for an expensive lawyer, most states are able to provide a public defender to take the role of counsel. However, some states have no such provision for a statewide system, which means meeting the constitutional standard can be more challenging. No matter the situation, you should never content yourself with the thought of representing yourself. Even the most overworked, underpaid public defender is miles better than self representation. Here are some options.

Looking for a Public Defender

In most states, the judge will appoint a public defender to a defendant who does not have the funds to hire a private felony attorney. This may come as a surprise, but this is the situation most defendants find themselves in. As perhaps a commentary on society, most people brought up on criminal charges are not rich by a long shot. And hiring a private lawyer can be very expensive. These lawyers are not willing to take the case now and bill later, due to the very real possibility that their client could wind up in prison with no incentive to pay. Therefore, the public defender's office is swamped with cases. Unfortunately, this can take a toll on the level of service one can get from such a lawyer.

Court Appointed

In states where there is no dedicated public defender system or in cases where the PD office cannot take any more cases, the judge may appoint a private felony lawyer to take a case for a reduced fee. In most states, lawyers are required to perform a certain amount of pro bono hours, i.e., work for free as a public service. Defending a client who cannot pay falls into this category. If you're lucky, you could be appointed a very good felony attorney who would otherwise cost thousands of dollars to hire. You can be assured of the same good representation he would provide to a paying client since, after all, his reputation is still on the line.

Legal Aid

Most states have legal aid offices that can help indigent defendants find funding for their defense. Call your local office and see what they can do to help you. Even a little money may be enough to make the difference between needing the public defender or being able to hire a private felony attorney. You may also want to contact your State Bar association to see if they can provide you with any leads that can help.

The felony attorney Baton Rouge defendants trust can help you to build a proper case in court. Get help with http://josephkscott.com

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You Can Become a Police Officer If You Start Preparing for the Police Test Now

Wednesday, 5 September 2012 0 comments
ByDonald Cirillo

When you want to become a police officer, there are many things you can do to increase your chances of making high marks on the tests and being offered a position. It is a demanding career path and requires both mental and physical prowess to be successful. This is a career that requires the strong top apply, and the best candidates enjoy the challenges of the many different aspects to the job.

You will need to have a 2 or 4 year college degree. Having the latter will better your chances of getting a job. Major in criminal justice, if available, and look into other classes like psychology to further your abilities and chances of being prepared for the job.

Make sure that you keep your activity level up and that you keep your body in shape. This is going to be one of the things you will be tested on, and by having a good core and stamina, you can pass this portion of the testing very easily and make this one of the things that you need never worry about.

A criminal background check will also be done. You need to make sure that you have a clean arrest record and that you don't show an unwillingness to obey the law and keep yourself from situations that can land you into trouble. It can include things like being at parties with illegal substances or where alcohol is served to minors. You can have fun, but be aware of your surroundings at all times so that you do not ruin your chances at a career.

There is civil service test that you must pass to enter into the academy. Start preparing for the test even if there are no job openings at the time. You can find study guides that can make this part of the process easier on you and help you have all the tools that you need to have the best scores you can, since this is often which marks you as a candidate for the job.

You can find the guides through the law enforcement office and online. You can use these for the strategies to pass all the parts of the testing to get the top score so that you are placed higher n the eligibility list. This will make sure that you are the best fit for the job and help you get hired on easier.

A psych portion of the exam must also be passed. Once you have done this, you will need to pass a lie detector exam as well as an interview. The guides can also help you learn techniques that make the interview process easier and help you leave a good impression on those that are conducting it. Knowing what they look for in this interview can help you make a lasting impression and give you a leg up on your competition.

You can become a police officer with the help of the guides and give you an advantage over just having a degree and applying for it. There are many things that you can do to make sure you are the best candidate for the job, and the guides can help you achieve this.

For more information about the police exam check out the Police Exam Digital Manual found at http://www.policepath.com which offers you police exam strategies & practice tests.

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Do You Need DUI Lawyer

Tuesday, 4 September 2012 0 comments
ByJesse Shawn

It may seem to people that hiring a lawyer for DUI is something that is very trivial and does not require too much importance or attention. The reality is very different. To be convicted of the crime of DUI is something that is very serious indeed. IT is quite possible that the individuals who are guilty under this are liable to be charged astronomical amounts and then may be put under various restrictions and if the charges are found to be serious enough they might even be put in to do some jail time. One would want to avoid these circumstances and thus they should be in a position to be able to defend themselves from undue problems. The best thing that one can do under these situations is to hire a good dui lawyer who has had many years of experience in this and then lets him fight out the case to ensure that you are not booked under the wrong laws and that you will be given the least possible sentence. This will ensure that the outcome will be dramatically different from what would have been without him helping.

The central point of the whole argument is whether a lawyer can prove that you are not guilty of the crime in the first place. The lawyer needs to know everything to be able to try to prove that you are not guilty of any crime. There are countless ways to prove that a person is not guilty in the first place. The police might have made a mistake and not told you about your rights beforehand or maybe the calibration of the instrument which was used to test your alcohol level was not done properly. All these things are extremely hard to prove and it is actually based on case to case. There have been situations where the lawyers have managed to do so and this is something that every individual should hope for.

You might be under a delusion that you may not need to hire a lawyer at all. But think about it, a lawyer will be able to provide the necessary information about the case and thus provide you with something that might actually make the case stronger for you. This will reduce the risk that you are facing of getting into the worst possible scenario of getting heavily fined and jailed. In case you drive for commercial purposes then it is even more important for you to have a clean slate as there might be a ban imposed upon you and then you will be in a position where you are not allowed doing your livelihood and not be able to drive.

There are some fixed steps to be followed here. Find out the evidence against you and see if there exists any way to prove that these charges are not true. The lawyer will be able to find out the exact proceeding that he must enforce to help you and try to plea for a punishment reduction. A dui lawyer is very essential in these cases.

Jesse Shawn is a Las Vegas based professional Garrett T. Ogata Las Vegas and write contents about criminal defense attorney Expertise in DUI Defense and other subjects related to law and order.

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Ignition Interlock Devices Prevent Repeat DUI Offenses

Monday, 3 September 2012 1 comments

Many people who are arrested for a DUI are repeat offenders. Many of these repeat offenders have had their driver's licenses suspended, and many may even have a restricted license when they are arrested again. One method that is being hailed as a solution to repeated arrests for a DUI is an ignition interlock device. When properly installed, this device prevents a vehicle from being started by a driver who has a blood alcohol content in excess of the legal limit.

An ignition interlock device is approximately the size of a cell phone. It is attached to the ignition of an automobile, and contains a mouthpiece that the driver must blow into before turning the key. After doing so, the individual's blood alcohol content is calculated by the machine. If the level is too high, the ignition becomes locked and the vehicle cannot be started. Drivers must also breathe into the device periodically while the vehicle is in motion. This prevents an individual from having someone else start the vehicle because he or she is intoxicated. Should it register too high, the lights on the automobile will begin flashing in order to alert law enforcement.

This equipment is typically monitored by a third-party. The monitoring agency keeps a log of the activity that occurs on the machine and may submit this information to the defendant's probation officer. This information can also be introduced as evidence in court whenever a driver is asking for his or her license to be fully reinstated. Too many failed attempts to drive while intoxicated could result in a judge denying the reinstatement.

All costs associated with the ignition interlock device are paid by the defendant. The cost of installation can be anywhere from $50 to $200 depending on the type of vehicle it is being placed in. Monthly monitoring fees can run from $50 to $100. These devices must be calibrated on a regular basis, and the cost of calibration and maintenance is usually included in the monthly monitoring fees.

The state of Virginia recently passed legislation making it mandatory for first time DUI offenders to have an ignition interlock device installed in their vehicles. This new law was passed after several companies that manufacture these devices advocated for the legislation. While many agree this law will lead to greater highway safety, others question whether corporate greed was at the heart of this new statute.

Criminal defense attorneys also question whether the requirement will place an undue burden on first-time DUI offenders. Those who are found guilty of a first DUI typically have a restricted driver's license, which enables them to drive to and from work. When the monitoring fees are coupled with mandatory drug and alcohol counseling, probation fees and other court fines, many fear the financial burden will be overwhelming. This could make it impossible for first-time offenders to maintain a conditional driver's license and may affect their ability to hold down employment.

These devices are already mandatory for Virginians who have had multiple offenses, but other first-time offenders were sometimes ordered to have an ignition interlock system installed if they had caused bodily injury or had a blood alcohol content that was more than twice the legal limit.

QuestionsAttorney.com is an online law information site and delivers unbiased articles, analysis and other developments of the legal landscape. Read more about Dui Attorneys.

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Felony Lawyer: The Requirements to Practice

Sunday, 2 September 2012 0 comments
ByAloysius Aucoin

A felony lawyer has, arguably, one of the most important jobs in the criminal justice system. While there are those who don't believe that criminals should be entitled to an excellent defense and others who believe that these types of attorneys are beneath them for representing outlaws, the fact is that they are doing nothing less than living up to the Constitution. While even an attorney in the field may not love everyone they represent, it is their duty to set those feelings aside for the sake of their client. A client who, after all, should be considered innocent until proven guilty. Here are some of the requirements to practice for these important legal representatives.

Duties

In order to do his job, a felony lawyer must be in possession of a variety of relevant skills. This includes the ability to orate effectively and use an extensive knowledge of the law to his client's benefit. They must be willing and able to work long hours, arduously investigating a case, interviewing witnesses, and crafting arguments. Their research skills must be impeccable. Another important skill is the intangible ability to read others. An attorney who is unable to read the jury could continue down a path that will not provide fruitful rewards.

Education

Every state will have slightly different requirements when it comes to what a felony lawyer must bring to the table to be licensed. In almost all cases, however, the basic educational requirements will remain the same. These include an undergraduate degree from an accredited college as well as a degree from a law school. They must also have passed the bar exam in their respective state, which is used to determine that the attorney in question has retained the knowledge necessary to practice effectively.

Careers

A felony lawyer has a few different choices when it comes to career opportunities. One of the most common paths to take for a fledgling attorney is through the government. Many bright graduates will go into a District Attorney's office, working for either the prosecution or the public defender's office to hone their craft. Others may choose to go directly to work for a private law firm, where, if nothing else, the money is usually much better. Finally, one can choose to open their own practice, which takes a fair amount of business skill as well as knowledge of the law. More often than not, a felony lawyer will wait until they have gathered several years of experience before taking this step.

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Criminal Lawyer: Marijuana Charges Don't Have To Ruin Your Life

Saturday, 1 September 2012 0 comments
ByAloysius Aucoin

With the help of a good criminal lawyer, marijuana charges don't have to bring about the life ruination you may be currently envisioning. Make no mistake about it: any illicit drug charges are serious and they can bring with them harsh penalties. Whether you've been arrested for possession, distribution, or growing, a conviction could be disastrous. The worst thing you can do is attempt to defend yourself, by yourself. You need an attorney who is an expert at handling similar cases. He will bring expertise and experience to bear on the case, the value of which can hardly be calculated.

The Law

Many states in the country are moving towards some degree of legalization, or at least de-criminalization, of this popular drug. With advocates pointing out the many medicinal uses of the drug and detractors pointing out the dangers, it is still uncertain where everything will come out in the end. As it stands now, however, it is still perfectly possible to be arrested for all levels of possession in every state. For a criminal lawyer, marijuana charges are among the most common cases to come across the desk. This is what's important to remember: you aren't alone. And if you hire a good attorney, your chances of fighting back are better than ever.

Consequences

Perhaps you think you don't need a criminal lawyer. Marijuana charges are minor, after all, right? While being arrested for a small amount of pot is hardly comparable to being arrested for murder or even a stronger drug like heroin, you can't afford to be flippant about your situation. Depending on the circumstances, your record, and the judge on any particular day, you could wind up facing very serious consequences. Among them: a permanent record reflecting your mistakes, reduced chances of employment, heavy fines, and possible jail time. In some states, your driver's license could be suspended. Don't play games with your future.

Alternatives

Obviously, the best case scenario involves being acquitted on all charges. Let's face it, though: in most situations that simply isn't going to happen. Prosecutors don't make a career out of trying losing cases. If you're being brought up on charges, they probably have enough evidence on which to convict you. That's not what hiring an attorney is about. It's about protecting your rights and exploring alternatives to harsh punishments. Drug assistance programs are available and your attorney may be able to argue for their use as such an alternative. If you can avoid jail time and a conviction, it may be worth looking into.

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