You Have Finished Your Representation of a Client in a DUI Case, Now What?

Friday, 30 November 2012 0 comments

One of the best practices to do after completion of legal services in a DUI case is to properly close the file. Lets say that worked really hard and got your client a great deal. They decided to take that plea deal, and they completed all the active terms of the sentence including the alcohol and drug assessment, recommended treatment program, community service, and they paid the fine. So what should the attorney do next?

File a notice of withdrawal with the Court and Prosecutor: At the conclusion of the case it is a good idea to file a notice of withdrawal to let both the Court and the Prosecutors office the attorney has completed the legal services agreed to at the beginning of the representation. Additionally it also helps alleviate any future issues if the client violates the terms of their sentence and they have to appear in court. If the Attorney has already withdrawn then Court is less likely to contact the attorney about the violation, and just set the hearing through the defendant alleviating any notice issues.

Send client a closing letter: Another item to check off at the conclusion of a DUI case is to send the client a closing letter. Usually it is best to include notification that the attorney has withdrawn from the case. But it is also a good practice to include an outline of what happened with the case, what the outcome was, and what if any active terms of the sentence remain. For example community service hours, or mandatory license suspension.

Closing client file, and place in storage: After the attorney has withdrawn from the case, and notified the client they have withdrawn and provided an outline of the outcome of the case. The final step is to close out the file. This includes adding up all the time the attorney spent on the case. Documenting the final resolution of the case, including what happened, and what sentence the Judge imposed. Make sure all discovery is included in the file, including but not limited to the police report, breath tests results, and witness interview notes. After this is completed file these documents away in storage and keep for whatever time period your state bar association requires, then destory.

Once the legal services are completed it is good practice to follow these three steps for every DUI case the firm represents. It is just a way to have uniform steps in this process, and is a good way to stay organized in case of an audit or future issues with the client in question.

If you have been arrested for a DUI don't wait to contact a Seattle DUI Lawyer. Hiring a Seattle DUI Lawyer will not only ensure your constitutional rights are protected, but will put your mind at ease during this difficult time.

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Why GPS Monitoring Is Not the Best Solution for Pretrial Release

Thursday, 29 November 2012 0 comments

As jails begin to see rising inmate populations and draw nearer to overcrowded conditions, many officials are looking for alternatives to housing pretrial inmates. With the advancement of GPS (Global Positioning System) technology, many believe that they can use it to help keep track of criminals who are released before trial instead of having to keep them locked up in the jails.

In some ways, the idea of using GPS tracking is a good plan. It can eliminate the costs that many counties incur from housing inmates in local jails, which also include feeding and healthcare costs. At the same time, fewer inmates are inside the jail, making it easier for officers to monitor and control the population.

For those counties that have chosen to use GPS monitoring, there are strict regulations in place which determine who is eligible for this type of pretrial release. It is limited to non-violent offenders. This is a good option for inmates who need to work or go to school or attend rehabilitative programs.

While there are positive benefits for using GPS monitoring, there are still many flaws in the system that prevent it from being the best solution as a pretrial release program.

Inconsistent Monitoring

GPS technologies have become so advanced that you can pinpoint someone almost to their exact spot on the sidewalk. But all of those advancements mean little when you don't have enough people monitoring inmates that are wearing the GPS device. If the person watching the monitor doesn't have a vested interest in keeping a close eye on the inmates' movements, they are more likely to get distracted or stop watching all together.

There have been several reports of inmates wearing GPS devices who left their designated location or entered an area where they are not permitted to go as agreed upon in their release agreement. It is absolutely vital for the monitoring of inmates to be consistent in order to prevent these types of violations.

If the Device is Removed...

This is one of the main reasons that GPS monitoring isn't a reliable means for releasing inmates before trial. A determined person can remove the GPS device, giving the monitoring company no information except where the inmate was when they took it off and fled.

These inmates can be on the run for months before they are caught again, usually after they have committed another crime.

Tracking Doesn't Prevent Crimes

Even though the inmate is being tracked by GPS that still doesn't tell the monitoring company what the person is doing. If they are permitted to go into a store, there is no way of knowing for sure if that inmate is just buying milk or committing a robbery.

There are too many things that can go wrong with GPS tracking to rely on it as an effective pretrial release solution. Many improvements would have to be made to the system beforehand.

If the system was combined with what is already an effective way to release inmates awaiting trial, such as the bail bond system, then there is a better chance that GPS monitoring can work.

This is because of accountability. Bail bond agents are already financially invested in making sure that an inmate returns to jail. A bondsman will make sure that their clients are being monitored properly and are exactly where they need to be.

Tonya Page Bail Bonds is a professional bail bond company serving Southern California. Tonya Page works alongside her husband, Greg, of Greg Rynerson Bail Bonds. Together, they are a successful, family owned and operated business, and are expert bondsmen and licensed professionals with over 35 years of experience. They understand and want to help families that are in an urgent time of need. Contact them today for confidential California bail bonds assistance.

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Things To Consider When Choosing A Bail Bondsman

Wednesday, 28 November 2012 0 comments

No one ever expects to receive the "I've been arrested, can you please help get me out of jail" call from a friend or family member. Most people go their entire lives without needing to help bail someone out. In many cases, the only exposure they've had to our industry is based on what they've seen on television. That can be scary.

At this point, the only thing they can focus on is getting their loved one out of jail fast. They might start their search for a bondsman by grabbing the local Yellow Pages or hopping on the Internet. This can soon become overwhelming because bail bonds companies are a dime a dozen. How do you know which one to choose?

Referrals are always a good place to start. Do you know someone who has worked with a bondsman before, or do you know a criminal defense attorney who can make a recommendation? If someone has had a good experience with a particular company in the past you may consider giving them a call.

If you are unable to get a referral you may want to do a little bit of research on a company before you hire them. How long have they been in business? Are they accredited with the Better Business Bureau? Do they offer 24-7 bail bonds service? What types of payment do they accept? Do they have a website and if so, does it provide client testimonials? Client testimonials are a great indicator in terms of shedding some light on the type of service the company provides.

You may also want to ask if they require you come into their officer or if they can assist you with bail bonds by fax and email.

When you bail a person out you are first and foremost taking responsibility the defendant will go to court and handle their case. The bondsman you're working with will need you sign a contract acknowledging that responsibility. You will also be asked to provide some basic contact information for you and the defendant and to sign off on the agreed method of payment for the bond.

Some companies require you complete this paperwork in person. Others allow their clients the ability to fill out paperwork via fax or email. This can be especially convenient if you're stuck at work, are unable to immediately travel to their office or if you are calling from out of state. It can be even more convenient if you receive the call for help in the middle of the night.

Bailing someone out of jail is a lot less complicated than many people think. The biggest challenge comes in choosing the right bondsman. All California bail agents are required by law to charge the same rate but that is not to say they all provide the same level of customer service. Do you get the sense you can trust the person you're speaking with? Does it seem as if they genuinely care about your situation, or does it seem as if they are trying to "wheel and deal" you?

Finding out someone you care for has been arrested can have your world feel as if it has been turned upside down. Finding a reputable bail bondsman you can trust can make a world of difference when it comes navigating an unfamiliar situation and ensuring the defendant can get out of jail fast.

Tonya Page Bail Bonds serves all jails in California. Tonya is a licensed bail bondsman who works alongside her husband, Greg, of Greg Rynerson Bail Bonds. Together, they are a family owned and operated business, providing free California bail bonds information, expert bail service, and specializing in working with attorneys and their clients.

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What You Should Know About Bail Bond Agents

Tuesday, 27 November 2012 0 comments

Bail bond, also known as surety bond, is the financial incentive given to the court for an arrested defendant in order to procure his release while he awaits the court date to be presented before the judge. If you have been wrongly accused of something and arrested in a place where you have no family or friends, you don't need to panic because you can get help from a bail bond agent. There are several bail bond agencies and companies that can help you regardless of whether you have just being arrested or you are in the court.

When you are arrested in a different country or state, the bail bond agencies provide the money and assistance required to help you get out of the degrading situation. Hence, you must know how an agent works to be able to make the most of the situation. If you have been arrested for no fault of yours or for some reason that you were absolutely unaware of then you must immediately contact an agency.

You will be required to sign a legal contract with the agency, based on which the agent will help you get out of the situation. The agent will pay the amount of money required for your release from the jail and this process usually takes a few hours after the contract has been signed. These agents do not simply provide bail bonds with basic circumstances, but also when there are unforeseen problems the agent is liable to pay the fine on behalf of the individual.

The blanket bail bond usually includes any additional costs and fine that cannot be afforded by those who are arrested. This is pretty similar to the insurance policies that are used for security and protection against unforeseen events in life. Furthermore, if you need some extra cover from the court then you must consider getting an agent help you with your requirements. The services offered by agents will help you find the perfect solution to steer clear of any monetary difficulties or other problems with the court.

Besides arranging for the amount of money to help you get out of the jail, the agents also assist in preparing the legal documents for your case, and after the paper work has been completed, a professional agent posts the bail. This process results in the release of the main suspect after some minor proceedings at the court. A reputable agency takes care of every minute detail from the start to finish, and makes sure that the suspect is released at the earliest.

If you look online, you will find many agencies and companies offering bail bond assistance. When choosing an agency to help you, make sure that it has been in business for long and has a good reputation. You can check the online reviews and testimonials to make sure that you hire true professionals who are well versed with the legal proceedings of the state to help you get out of the problem without any delay.

If you are looking for reliable bail bond agent then visit http://www.abbabailbonds.com/. For more information regarding bail bonds check out Abba Bail Bonds.

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Why You Might Need a Criminal Lawyer

Monday, 26 November 2012 0 comments

You might not realize it, but you could be hours away from needing a criminal lawyer. You might wonder how this is possible when no thought of committing a crime is in your mind. Surely, though, you know that many people are accused of crimes they did not commit. Many times it is because of their line of work, or simply from being in the wrong place at the wrong time. Whatever the case, these people ended up needing a criminal lawyer. You might need one too.

If you are a teacher at a school, a pastor in a church, a bus driver, nurse, doctor, or anyone else who deals closely with people, then you could have a need for a criminal lawyer. It sounds pretty broad, and it really is. It is wise for just about any adult to have access to someone who works in this capacity. Misunderstandings can happen often in various settings, and you will need this type of law professional to defend your case.

It is not that you need to walk around being fearful of everything you do, but you should be aware of the society in which we live today. There are a lot of people out there who do want to hurt people, so it makes sense that people are on guard for those who might be suspect. Sometimes this means innocent people being accused of crimes.

As you look for a criminal lawyer to hire, you should find one who has dealt with cases just like yours where the individual was simply misunderstood or in the wrong place at the wrong time. If they have defended a case like this before then they know how to handle it in detail.

It is also important to find a law professional who will not take advantage of you financially. You will not want one with a mentality of getting you when you are down. It is important to know that the criminal lawyer you trust with your future is really out for your good. The only way to know this is to see how they have handled other people's cases. Also building a professional relationship over several years will be helpful to some degree so that you can see what they act like week to week. You will not just be suddenly asking a stranger for help. You will actually know each other. This can only happen if you do this research before a problem takes place.

Look for a law professional that you like as a person. If you meet a law professional and they immediately rub you the wrong way or make your skin crawl with their personality then they might not be the right candidate for you. Although some people with differing personalities have strengths that we need in order to be helped, there is a happy medium. Take the time to find the right one, so that you can be ready.

Since it can definitely be useful to have access to a criminal lawyer Sacramento locals know that it is best to be prepared ahead of time. Consider a meeting with the trusted legal counsel at http://www.sacramentodefense.com.

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How to Prepare for Prison

Sunday, 25 November 2012 0 comments

Before serving your time, its important to remember that you will still have a life outside of jail that needs taking care of. Make sure the get all of your finances in order if possible, and make sure to set someone up with Power of Attorney to make decisions for you that would normally involve you being present. Also, make sure to save up as much money as you can to put aside for use while incarcerated and once released. It is also important that you gather up the contact information for your friends, family and other important relations. Keeping in touch with loved ones will play a big role in making your time served that much easier. Also, end any and all relationships that are unhealthy or unbeneficial to you while in prison. Rid yourself of any extra stress or problems cause by outsiders while you are serving your time.

Once incarcerated, it's important to keep to yourself and avoid confrontation with other inmates. Be quiet and keep your personal life private. Do NOT discuss your politics or your beliefs. Keep from discussing your reason for being locked up. some inmates may become violent when learning of why others are in. If you have committed a crime involving a child or rape you are best off to check into protective custody if it is ever found out. Don't gossip about other inmates or about issues involving other inmates to the guards. Keep to yourself as much as possible and mind your own business.

One great way to do that is to workout. It is a good way to pass the time and gaining the muscle will make you look less weak to other inmates. while you don't want to appear weak, You also do not want to come across too aggressive. Avoid staring and looking directly at other inmates as this can be taken offensively and problems may arise. Keep your head facing forward and never walk with your head down.

Another big thing that will affect your time served will be the people you surround yourself with in prison. Avoid mingling with inmates that are shaking up with other inmates in order to remain protected. This is guarantee that someone will take advantage of you and increase your chances of being raped or killed.

Also, avoid debt to other inmates at all costs. Go without until you can afford to buy your own things, avoid borrowing or taking anything from anyone. Stay away from gambling and drug use as well. Gambling will most likely lead to death and is illegal in jail. If caught, all of your commissary (provisions) will be taken from you. If you are caught with drugs, you will be placed in solitary and stripped of whatever privileges you might have, including visiting rights and phone calls.

This can all seem very overwhelming and like a lot of information to process. There are people trained to help you survive prison life. Prison consultants are experienced in dealing with the ins and outs of jail time; before, during, and after. Most of them have lived it themselves and are the best to give you advice on how to deal with this frightening reality.

Prison Consultants of America has years of experience navigating the prison system and can help you during this difficult time.

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State Gun Laws

Saturday, 24 November 2012 0 comments

There are an estimated 270,000,000 private citizens in the United States that own firearms (approximately 88.8 people per 100 own a firearm). According to an analysis of the number of background checks conducted by each state for prospective gun owners, the states with the most firearms are Kentucky, Utah, Montana, Wyoming, and Alaska. Although there is no clear consensus as to what correlation, if any, the number of guns in a state has on the number of gun deaths, the top five states for gun deaths are:

Mississippi (18.3 gun deaths per 100,000 persons)Arizona (15 gun deaths per 100,000 persons)Alabama (17.6 gun deaths per 100,000 persons)Arkansas (15.1 gun deaths per 100,000 persons)Louisiana (14.9 gun deaths per 100,000 persons).

Not surprisingly, vary greatly from state to state. Most gun laws focus on three categories: (1) laws prohibiting the possession of firearms by certain people; (2) laws regulating the sale and transfer of firearms; and (3) the possession of firearms in public places.

State laws prohibiting the purchase or possession of firearms

Every state except Vermont has state laws that ban the transfer or sale of firearms to a convicted felon. In most states, the gun laws use the traditional definition of felony which include crimes that are punishable by more than one year of incarceration. Some states have additional specified crimes, including misdemeanors, that will also prevent people from possessing firearms. For example, in Indiana, persons with convictions for resisting arrest may not possess a firearm. Overall, twenty-three states have gun laws that include some misdemeanors as crimes that will prohibit the transfer, purchase or possession of a firearm.

Thirty-three states prohibit persons with mental illness to purchase or possess firearms. Five of those states prohibit only the purchase or possession of handguns. Other state laws prohibit persons who are subject to a restraining order from purchasing a handgun (20 states); persons who are drug abusers (28 states); persons who suffer from alcoholism (18 states); and all states except for Wyoming prohibit the transfer of firearms to juveniles.

State laws regulating the sale and transfer of firearms

The Brady Act is a federal law that requires all federally licensed firearms dealers (FFLs) to conduct background checks on all potential buyers of firearms. However, it is estimated that 40 percent of all firearms purchases are from private sellers, and therefore not subject to background checks pursuant to federal law. Every state, however, except Vermont, has state laws that require some sort of background checks for potential gun purchasers or possessors.

Only three states, California, Maryland, and New Jersey, have state laws that limit the number of handgun sales or purchases to one per 30 day period. These laws are based on studies that show that multiple handguns purchased by the same person are often used for criminal activity. New York gun laws, however, are even stricter, and limit the sale of all firearms to one purchase every 90 days.

Eleven states require some sort of waiting period between the purchase of a firearm and the delivery of the firearm. These laws apply to the sale of all firearms, handguns only, long guns only, or handguns and assault weapons; and vary in length from 48 hours to two weeks for delivery. There are three additional policy considerations that are triggered with current state laws requiring waiting periods:

is the "cooling-off" period established of sufficient duration between the sale of a firearm and deliveryvalid permits to possess a firearm do not exempt a purchaser from the waiting periodtransfer of the firearm must not occur until after the required background checks have been completed regardless of any waiting period.

State laws regulating firearms in public places

Various state laws regulate what circumstances, if any, in which a person may carry a concealed weapon in public. Only two states, Illinois and Wisconsin, do not allow the carrying of concealed weapons. Two other states, Alaska and Vermont, do not require a permit to carry a concealed weapon, while the remaining states allow for concealed weapons, but only with a valid permit.

Only three states, Florida, Illinois, and Texas, prohibit the open carrying of handguns in public. Thirty-five states allow persons to carry handguns in public without a permit, but three of those states require the handgun be unloaded. The remaining twelve states allow for the open carry of handguns but require a valid permit. Most states, however, do have exceptions that prohibit the open carry of handguns in certain places such as schools and school zones, state-owned buildings, courthouses, places where alcohol is served or sold, and on public transportation.

As the debate regarding gun laws continue, state laws will become more complex and varied. Many commentators argue that stricter federal laws are required to assist existing state laws, which are often powerless to control the flow of weapons from a less restrictive gun law state to a more restrictive gun law state. There are no simple answers to the ongoing controversy over gun laws.

California Criminal Law Specialist Doreen B. Boxer, Esq., protects individuals and companies charged with - or under investigation for - criminal offenses. If your life, liberty or reputation are at stake, you need Boxer in your corner. http://orangecounty-criminaldefenselawyer.com

(c) Copyright - Doreen B. Boxer. All Rights Reserved Worldwide.

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Finding A Felony Lawyer While You Are Incarcerated

Friday, 23 November 2012 0 comments
ByAlfred Ardis

If you've been arrested for a serious crime, you need a felony lawyer, period. To go through the justice system without one is putting yourself at a terrible disadvantage, and you will be at the mercy of those who want to put you away for a long time. This isn't kindergarten, where being up front and apologetic is going to get you any slack. You need to fight. Even if you don't have the gumption or evidence to fight the charges, you can at least fight for your rights. A good attorney is needed to help you do that, but finding one from behind bars can be a challenge. Here's how you can do it.

Contact Your Attorney

Wait, what sense does this make? You want to find a felony lawyer, which means you don't already have one, right? Well, maybe. But you may have more connections than you've thought about. If you've ever used an attorney for any reason, this is a good time to get in touch with them. That's right, even if you've used a tax attorney or one specializing in business transactions, they may be able to help you find an attorney right for your current purposes. Some civil practitioners are even competent enough to represent defendants in a criminal trial themselves, although you'll usually be better off with a referral.

Friends and Family

This is a good time to reach out to your loved ones. Most families do not forsake a loved one just because they've been arrested for a crime. If your circumstances are otherwise, that is a tough thing to deal with, and you'll have to find another method of finding a felony lawyer. But if your family is willing to help, let them. This is not the time to cut off communication, even though you may feel shame for the situation you've found yourself in. Ask them to do some research and find someone to represent you. It could be the most valuable piece of help they can give.

Fellow Inmates

Be careful about taking this route. You don't want to discuss the details of your case, your guilt or innocence, or anything else that could come back to bite you. If you find someone you can trust, however, there's nothing wrong with asking for name of a good felony lawyer. Not everyone will be in jail for the first time, and they may have the information you need. A lot of them will be reliant on the public defender, however, so you may not have as much success using this method as you might hope.

If you are in the area and facing serious charges, contact the Baton Rouge felony lawyer trusted by locals to provide comprehensive guidance and professional reputation. Visit http://josephkscott.com today to learn more.

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Traits to Look for in a Criminal Defense Attorney

Thursday, 22 November 2012 0 comments

Looking for a criminal defense attorney is not an easy task. Whether you are doing it because of your line of work or because you have actually been accused of a crime, it is something no one likes to think about. If you do decide that it is necessary, you will want to find someone with traits including determination, knowledge, experience, and empathy.

Determination is so important for law professionals. If they know that the client is innocent, then they should be determined to make this a known fact. If they are not sure whether they are, they should still do their best to give the client a fair trial within the boundaries of ethics. If the client confesses guilt to some degree, it is the job of the criminal defense attorney to help get a lower sentence for his or her client.

Knowledge is also essential. Knowledge comes from going to school and studying law, reading case studies, being present at other trials, and also from experience. It is so important for the criminal defense attorney that you hire to be knowledgeable, especially concerning your issue. Be certain that the professional you are considering has some degree of background specifically pertaining to the matter immediately at hand.

Experience is also essential. Experience, as mentioned above, does help knowledge in a variety of issues to increase. It also just gives the law professional the ability to feel comfortable with what he or she is doing. There might still be nervousness there, but overall, they should be more confident.

Empathy is another important factor. Until you really tell them your story, you might not know if the law professional is empathetic or not. It might depend to some degree on the situation, but they should be empathetic to your situation so that they can have more of urgency for the success of the case. Putting themselves in your place will help them to see your perspective on the problem. Not everyone has this ability. You should be able to tell if a criminal defense attorney does have the ability at your initial consultation.

After considering these factors, you will hopefully be able to find a criminal defense attorney who will give you, as a client, what you need to either have all charges dropped or have a lesser sentence. Researching to find a lawyer will help you make sure that you have what you are looking for in a law professional.

criminal defense attorney St. Petersburg
http://roothlawgroup.com.

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When You Cannot Afford A Criminal Defense Attorney

Wednesday, 21 November 2012 0 comments
ByAce Abbey

Finding a criminal defense attorney when you are in trouble is important. Hiring a law professional could be costly, so it is important for you to consider this as something important in your search. Of course, most important is to have a lawyer that is successful, but it is also important that you can afford the lawyer.

If you absolutely cannot afford to hire a criminal defense attorney, then you will have to consider some options. You could talk to family about helping you if they are in the position to do this. You could consider a loan. You could also consider using the criminal defense attorney provided pro bono. It might all depend on what the situation is as to how critical it is. One thing you do not want to do is choose to defend yourself.

If you have a good relationship with your family, you should speak with them about your situation. Be honest with them, and if you are not guilty, tell them this. Hopefully, they will believe you. They will likely want to know if you are guilty because it could determine some of your ability to pay them back later. If you decide to tell those details, you need to know that they may end up having to testify, and they would have to speak truthfully.

If you need a loan then you might talk to your bank. Whether your bank would do such a loan might depend on your current income and credit. There may be special groups that help people like you, but you will need to do some research to find out what is available in your area.

Using a pro bono criminal defense attorney might be your last resort, but it does not necessarily mean you will lose. A court appointed law professional is still trained to defend you.

If you find a criminal defense attorney that you really like but cannot afford the fees, you might want to just discuss your situation with him or her and find out what they can do in the way of financing. Depending on your situation, they might be willing to give you more time to come up with the money that you would owe them.

The main thing is that you have a professional defending your case. If you get a loan from someone or a company, do not worry; just know that it will need to be paid. The most important thing is your having a fair trial and a good defense.

Anyone looking for a St Petersburg criminal defense attorney should contact the professionals trusted by those in the community for thorough and dedicated representation. Visit http://roothlawgroup.com today to learn more.

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What You Should Know About Assault, Aggravated Assault And Battery

Tuesday, 20 November 2012 0 comments
ByJuanita Swindell

There is a lot of confusion that exists about assault and battery. Most people are under the impression that both of these are the same thing and the aggravated classification is simply a more serious form of the crime. However, this is not so. Assault and battery are two distinctly different crimes.

Assault V/S Battery

Criminal law defines assault as a deliberate act that causes the victim to believe that they are about to be physically harmed. If you threaten another person and you are obviously capable of carrying out that action, then you can be charged with assault. You need not have actually made any physical contact or carried out your actions. Just making the threat is sufficient to get you charged.

What this means is, if you are threatening another person, a police officer can intercede and arrest you for it without actually waiting for you to physically inflict any harm on your victim.

On the other hand, when there is actual physical contact, the crime is classified as battery.

The main difference between the two is the absence of physical contact in one and the definite occurrence of physical contact in the other.

What is Aggravated Assault?

While a simple assault involves just making a threat, there are several different factors that can change the level of danger involved. For example, holding a gun or a knife in your hand while making the threat, raises the act to an aggravated assault, even if you do not make use of the weapon. Just holding it in your hand while making the threat shows intent to cause grievous harm and can put your victim in serious fear for their safety.

Some crimes are classified as aggravated because of the victim's status. These include threats that are carried out on teachers, fire fighters and police officers or any threat made while the person was carrying out their duty.

The assailant's mental state of mine can also play a role in categorizing an aggravated assault as such. For example, if the threat was made with the intention to cause fear of severe harm of if the person was acting irresponsibly with absolute indifference to human life.

In some states, a sexual assault is classified under a separate category, whereas in other states it could be charged as aggravated, assault/battery, sexual assault or rape depending upon the state and the nature of the crime itself.

When you are charged with a crime, knowing the difference between an assault, aggravated assault and battery can make all the difference. At times like these, it is important to have a skilled and experienced criminal lawyer like Law Office Of Philip Averbuck at your side. Call him today to get the best defense possible. Also check out our new page on Assault and Battery.

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Where To Buy a Breathalyzer Without Any Trouble?

Monday, 19 November 2012 1 comments

Are you an avid alcohol consumer and planning to overcome this problem? Well, there are certain techniques and methods to do this but not all of them are reliable as compared to a breathalyzer. The question is where to buy a breathalyzer? Well, there are many different sources to buy this gadget. Some people prefer to buy such devices from online stores and others prefer shopping malls. You can choose the one that suits you best.

Availability of Breathalyzers for Civilians:

There was a time when these alcohol detecting devices were only accessible to law enforcement officers. Things are a bit different now and anyone including a person with a habit of consuming alcohol can buy it. There are a lot of models and types of breathalyzers and their performance is directly proportional to the price you are paying. For instance, an expensive breathalyzer will show more accurate and quick results without any issues. On the other hand, an average priced alcohol detector will have less assurance of quality and results.

So, always make sure that you are buying the most reliable alcohol detector because it can be the matter of life and death in some situations. Some famous and most reliable breathalyzer types are AlcoHawk, BackTrack, and Lifeloc. You can easily buy them from online breathalyzer shops.

Where to Buy a Breathalyzer?

You can easily buy a breathalyzer from online shops. Why I am asking for online shops? It's because there are plenty of buyers online and you can easily recheck their credibility through different public forums. Online resources are reliable unless you have proper knowledge of negotiating with the seller. Feel free to ask about the quality of their products. These products are very sensitive but effective so you have to read and follow the feedback of previous buyers.

It's your right to ask about the certification of selling products online from the buyer. Most commonly, all the sellers are quite comfortable with such inquiries but the ones with fake identity will hesitate to show you required proofs.

Thus far, most of the sellers and online retail shops of breathalyzers in United States are registered and reliable. For more information on reliable and affordable breathalyzers, you can also follow the links below. Always remember, negligence in buying a breathalyzer can cause serious incidents in your life including life taking accidents. So, why putting your life in danger and risks when a quality life savior is few clicks away from you?

The Author "Jeff Short" is an expert in dealing good quality alcohol detectors and has a lot of information and research in these products. Come visit his latest website on Where to buy a breathalyzer and Breathalyzers

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Is Texting While Driving More Dangerous Than Driving Drunk?

Sunday, 18 November 2012 0 comments
ByMichael Crary

In 2010, almost 4,000 people were killed in car accidents caused by distracted drivers. Distracted driving is an umbrella term that refers to any activity that distracts a motorist from safely operating a car. Texting while driving is one of the most common forms of distracted driving and is responsible for thousands of accidents, law suits and injuries across the United States every year. Some researchers believe that texting behind the wheel is as dangerous as driving while intoxicated.

According to an experiment published by Car and Driver Magazine, texting behind the wheel impairs your ability to safely operate a vehicle in the same way that alcohol does. In fact, texting may be considered more dangerous that driving drunk. In one survey, drivers' response times were tested while unimpaired, legally drunk, reading an e-mail on their phones, and sending a text message. According to the experiment, unimpaired drivers take about. 54 seconds to hit the brake one they realize that they need to stop.

One the other hand, legally drunk drivers moving at 70 miles per hour takes another four feet to reach the brake pedal. A sober driver reading an email takes another 36 feet to reach the pedal and a texting motorist takes an additional 70 feet to hit the brake. Even still, texting while driving is socially acceptable and practiced regularly in the United States. 39 states have laws concerning texting while driving, and an additional five states have laws specifically geared towards new drivers and texting.

In Maine, New Hampshire and Utah, cell phone usages is only illegal if the driver commits another offense while using their phone. Why is texting while driving taken so seriously? When you operate a motor vehicle, you use your eyes, mind, arms, hands and feet. Reading or composing a text message requires the use of most of these faculties. In order to text, drivers take their eyes off the road, use at least one hand and have to think about what they are reading or writing instead of driving.

The results are similar to drunk driving, which also impairs your motor skills, vision and mental faculties. According to the National Highway Traffic Safety Administration (NHTSA), drivers can be distracted in three ways: manually, visually and cognitively. Anything that takes your mind off the road, eyes off the road or hands off the wheel falls into one of these categories. Texting behind the wheel of a car impairs all three of these functions, making it a dangerous - even deadly - habit.

Founded in 1927, Crary Buchanan is a law firm focused on helping clients in Port St. Lucie, Florida. Since the firm's beginning, the legal team at Crary Buchanan has helped clients with legal issues involving bankruptcy, business disputes, estate planning, personal injury, real estate, and civil litigation. To learn more, click here to visit their website. With an attorney from Crary Buchanan on your side, you can have peace of mind that your case is in good hands.

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New Hampshire DWI Law Includes Medications

Saturday, 17 November 2012 0 comments

New NH DUI/DWI Law
NH Governor John Lynch recently signed a new bill into law which can lead to a DUI or DWI conviction for drivers who take prescription and over-the-counter drugs. The bill also includes any chemical substance that impairs a person's ability to drive.

Prescription and over-the-counter drugs are a part of everyday life in America. People take medications in order to live a healthier and happier life. Prescription drugs bring many benefits when take properly, and according to the doctor's orders. Doctors today are prescribing more drugs than ever before, and it does not look like that will end soon.

Driving while impaired is taken very seriously in New Hampshire, with specially trained Drug Recognition Experts (DREs) looking for signs of drug impairment. These DREs are trained to utilize a 12-step procedure to investigate the cause of the alleged impairment.

Any substance or drug-whether prescription, over-the-counter, or illegal-that can affect the mental or physical abilities of the driver to safely operate a motor vehicle potentially falls into the drug category. Numerous prescription and over-the-counter medications have explicit labels that direct the user to avoid driving or using heavy equipment while taking the medicine.

Some drugs can even alter a person's judgment, create tremors, reduce muscle strength, impair coordination, or create confusion. Other prescription drugs can increase the effects of alcohol, making it more likely that the driver will be impaired by alcohol consumption. Many New Hampshire citizens take prescription and over-the-counter drugs every day, and using any substance that causes these side-effects can lead to a DWI conviction.

Beating a DWI Conviction
If you are arrested for driving while intoxicated, it is important to remember that you can still fight the charges. Determining whether a driver is under the influence of a drug is much more difficult than in the case of driving under the influence of alcohol. An officer may use a breathalyzer to measure for the level of alcohol in the blood, but no such device exists for drugs.

While New Hampshire does employ DREs, they are not trained medical personnel. The officers must essentially rely on conjecture and guesswork. Drivers charged with a NH DUI for drugs will also face the challenge that drugs can remain in the system for days, or even weeks, after use.

With the increased focus on prescription and over-the-counter drugs after the signing of this bill, it would be a good idea to carry a prescription for any drugs being taken, in the event of a police stop. In addition, it is important to try to remain calm during a traffic stop, because it is easy for an officer to mistake anxiety for drug use.

Governor John Lynch also signed a bill requiring New Hampshire DWI arraignments occur within 14 days of the violation. The signing of this bill will likely lead to an increase in the speed that DUI and DWI cases progress. All of this increases the importance of having professional help as soon as possible.

NH DWI Attorney Ryan Russman is a tireless defender of individuals arrested for DWI or drunk driving in New Hampshire. Learn more about his practice at http://www.RussmanLaw.com. If you are seeking a Portsmouth, NH DWI Attorney or an Exeter, NH DWI Attorney, contact Russman Law Offices for a free consultation.

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How To Get Probation For a Crime in Tennessee

Friday, 16 November 2012 0 comments

For an individual charged with a crime, one of the biggest concerns will be what happens to them if convicted. The basic outcomes of a conviction are either a sentence of jail time, or an alternative sentence such as probation.

In Tennessee, qualified offenders will be eligible for probation, meaning they can avoid going to jail. However, probation can come with strict conditions, and it can be costly. The criteria for receiving probation in Tennessee are found in the Tennessee Code Annotated Title 40, Chapter 35, Part 3.

Under Tennessee Code Annotated 40-35-303, first-time offenders will be able to receive probation on just about any non-violent or drug related offense, including both misdemeanors and felonies. Crimes such as drug possession (with or without intent to sell or deliver), DUI, theft, vandalism, forgery, fraud, assault, and burglary are all probation eligible. Violent crimes such as first and second degree murder, aggravated robbery, aggravated kidnapping, and many sex crimes are not. If you are charged with a crime in Tennessee, you should contact a Tennessee criminal defense lawyer to review your case and assess your chances of getting probation if convicted.

Here's how you get probation for a criminal offense in Tennessee: you have to ask the judge. Under Tennessee Code 40-35-302, first you must plead guilty (or you are found guilty by a jury following trial), then you have a sentencing hearing where your attorney would petition the court and present evidence on your behalf as to why you would be a good candidate for probation. First offenders charged with non-violent offenses are eligible for probation, but they are not necessarily entitled to it. The law merely gives you the chance. You still must convince the judge.

At the sentencing hearing, it probably would be wise to testify for yourself, to explain your involvement in the offense and show that you have taken responsibility for it. Honesty and remorse are very important to a judge in deciding whether to grant an alternative sentence. You may also want to have someone who knows you, such as a family member or priest, testify as a character witness. If you are employed, you will want to tell the judge and possibly show employment records. Having a job can greatly improve your chances of receiving probation.

If you are granted probation, it will begin immediately. The judge can put in place any number of conditions, including a curfew, random and frequent drug tests, community service, and restitution. Failure to follow or complete these conditions, or getting arrested again, would be grounds for a probation violation and would send you to jail. However, if you do what you're required to do and obey the law, this won't happen.

Patrick Stegall is a Memphis criminal defense attorney. He handles criminal matters of all types and has successfully petitioned the court on behalf of numerous clients for alternative sentences. If you or someone close to you is charged with a criminal case in or near Memphis, contact Mr. Stegall to discuss your options. You may call him at (901) 205-9894 or email him at pstegall

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Timeline of the DUI Process

Thursday, 15 November 2012 0 comments
ByMark Garka

Most people who have been arrested for a DUI want to know how long it will take to fight the case. The process can take anywhere from one to four months, with some cases taking as long as nine months. If you are wondering how to fight a DUI, get in contact with a DUI attorney as soon as possible to learn the specifics of the DUI process in your state. You may spend about several initially between meetings with your lawyer and treatment. Below is a general in many states.

Arrest for DUI: One of the first things you should do is ask to get in contact with a lawyer. The police officers might have an on-call attorney available or you might need to find your own DUI attorney using the yellow pages. An attorney can advise you on how to proceed.

Immediately Following the Arrest: An arraignment is generally scheduled for the next business day following your arrest. The timing on this can vary by state and court scheduling, but for the most part it will be your first appearance in court. Your presence is required in court and this is where you enter a plea and are advised of your rights.

As Soon As Possible: Get set up for a evaluating and enroll in a treatment program. Treatment or classes don't take long and will probably be required anyway, so the sooner you get started the better. Early treatment may even speed up the process.

Within 20 Days: Contact the licensing agency or department for your state. You must generally request a hearing regarding the status of your driver's license. You may get a letter from your state telling you the deadline for this submission and it must be completed within that timeframe. A hearing is usually scheduled within 60 days of your arrest date.

6 Weeks: This is generally about the time that your lawyer will schedule a pre-trial conference with the Prosecuting Attorney to negotiate a plea bargain for you. Most times the court will set this date in coordination with your attorney.

6 Weeks to 3 Months: Additional hearings may be scheduled regarding the suppression of evidence if your attorney has filed any motions on your behalf. Your attorney may file these motions if they believe that your constitutional rights were violated.

Within 3 Months: If your case proceeds to trial, then atrial usually occurs within 3 months after your arraignment or initial plea if no plea bargain has been agreed upon.

After the Trial or Plea Bargain: Sentencing will be imposed soon after a plea bargain is accepted or the conclusion of the trial. DUI penalties can include jail time, home detention, fines, community service, or alcohol classes.

DUI Defense Attorney, Mark W. Garka is a sustaining member of NACDL. He has served as a law clerk in the Snohomish County Superior Court, and was a Deputy Prosecuting Attorney. He limits his practice to DUI Defense exclusively. Get more information and a free consultation by visiting http://www.washington-dui.com/

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What to Include in a Notice of Withdrawal Filed in a Criminal Case

Wednesday, 14 November 2012 0 comments


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General Practitioner Lawyer Vs Focused Practice Lawyer

Tuesday, 13 November 2012 0 comments


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Things You Should Know About Bail Bonds

Sunday, 11 November 2012 0 comments


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Working With Professional Lawyers Towards Efficient and Expedient DUI Case Resolution

Saturday, 10 November 2012 0 comments

If you have been charged with driving under influence offense, you could be searching for a criminal defense lawyer in your area who has the knowledge and power to help you settle your case. If this event involved an auto accident or lead to substantial damages or injuries, you most definitely called the police to the scene and filed a police report. As many cases have it, every little detail must be carefully recorded, regardless of the fact whether you know you are at fault for driving after consuming alcohol or completely innocent.

If the fact of driving under influence has been established and recorded by the police officer when you got stopped, do not release any unnecessary details or information when asked - the first thing you should do is search for and contact a qualified attorney capable of handling this potentially criminal case professionally, especially if there is a hearing pending or required.

During the first meeting in the attorney's office, a free consultation is provided in order to go over and clarify all of the relevant details regarding DUI violation incident. Various options will become available after going through this information and discussing them with the lawyer.

The lawyer handling your case will decide based on the review if the DUI case can be successfully handled or whether the chances of successful defense are slim and more work needs to be done as far as finding a legitimate base for defense. If the case is dealing with the other party's fault and injuries or damages were caused to the client because of the DUI occurrence, the lawyer will be able to talk with you and tell what you could request as a claim and what kind of compensation you are entitled to as a victim of this experience caused my other party's unlawful behavior or negligence.

Depending on the circumstance surrounding the case as well as the ultimate goals you contacting attorney for and case you are trying to resolve, many outcomes are possible, so the detailed framework and plan of action will be a function of particular circumstances and nature of DUI that lead to the car accident, damages or personal injuries and affected your rights or created legal charges against you.

The severity of the legal liability and punishment or compensation also varies based on circumstantial evidence presented to the judge or (and, at other times and in more serious cases, to the jury) and will result in different types of actions and strategies of the attorney working on your case. As far as the law is concerned, the attorney firm has the best ways at their disposal to offer services in order to deal with the legal system and suggest to you the best possible way to successfully handle this case no matter what the level of complexity is. Regardless of the expected outcome, such as when it is defense strategy or trying to get compensated when being the victim of the DUI incident. The law firm attorney or attorneys will be able to come up with the best representation and solution strategy to help you.

It is important to remember that driving under influence case usually involve many aspects of laws and regulations for the lawyers to take into account to be prepared for the hearing. The chances of successful defense or claim settlement are very low when you try to act on your own. Ramifications of wrongly conducted defense strategy can be severe and impact not only your driving record and financial freedom, but also lead to legal complications if you do not work with a professional on finding resolution from the very early stages.

Contact DUI Lawyers Toronto and make sure their skills are put together to work on DUI related cases. These highly experienced Toronto DUI Lawyers also offer free consultation for legal defense and successfully resolving criminal charges.

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Learning Criminal Law - The Disparate Elements of Criminal Culpability

Friday, 9 November 2012 0 comments

Mens rea within the law dates back centuries. See generally Paul H. Robinson, A Brief History of Distinctions in Criminal Culpability, 31 HASTINGS L.J. 815, 815-853 (1979-1980). This article will briefly address the historical periods and the common law processes involved in developing these distinctions between culpable mental states.

Robinson traced the legal trends over a period of about thirteen centuries:
6th Century: Crimes defined without a culpable mental element 10th

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Reasons You Should Hire a Bail Agent

Thursday, 8 November 2012 0 comments

If you are facing an unfamiliar situation where you have to help a friend in getting out of jail, you will probably need a concise explanation of how bail bonds work. Bail bonds, also known as Surety bonds, are legal contracts that can be used to release someone from jail. If you are helping a friend or a relative out of jail using a bond, you must understand that your job does not end here. This contract is a legal binding between the agent and the signer, which states that it is the signer's responsibility to ensure that the defendant will appear in court for the scheduled hearing.

While the procedure may seem rather straightforward, it so happens that it is not easy to handle it alone. You must, therefore, hire a bail agent to help you with it. Here are some reasons you should consider hiring a bail agent:

Different types of bonds involved - The bail process involves bonds, which are of different types. There are, for example, Immigration Bonds, Cash Bonds, Federal Bonds and Surety Bonds. All of these have different uses and conditions. For example, if the crime is categorized as a federal one, you need to use Federal Bonds. Using other types can lead to a rejection of the bail application and, thus, delay the process. By hiring an agent, therefore, you can make sure that you choose the required type of bail bond.

Different types of bails - The bail process can be complex. There are, for instance, police and court bails. A police bail is a conditional one that requires an application to the Magistrate's Court. For a court bail, you can apply to the Magistrate's Court for variations in the conditions. The guarantee and conditions vary in both types. If you are not familiar with these legal proceedings, you must hire an agent to help you out.

Complicated documentation involved - The bailing procedure is a detailed one and needs a lot of legal paperwork. If you are not familiar with these documents, it would be unwise to handle them on your own. These documents usually include a Bail Bond application, a Bail Indemnity Agreement and a receipt. Hiring a bail agent will make it easier for you to comprehend these documents.

Several details needed - The bailing process requires you to provide detailed information. Since you may not know which information to share, your bail agent will help you out with it. Usually, an agent will require you to answer some specific questions. They would want to know about the nature of the crime your defendant is charged with. You will also need to provide information regarding your relation with the defendant and the period of time you have known them for. You must, therefore, be ready for providing personal details of your link with the defendant.

Dealing with the release - Once your documents are approved, you will need to go to the jail and process these. Hiring a bail agent will help you by eliminating this hassle. It will be your agent's responsibility to drop the bail bond at the detention facility, requesting the release of the defendant. During this, you will be charged a bail fee, which is mandated by the law.

In order to be able to handle the process effectively, therefore, you must make sure that you find a great bail agent.

If you are looking for bail bonds in Los Angeles, you can find these at Abba Bail Bonds.

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The Importance of Hiring a Criminal Defense Lawyer

Wednesday, 7 November 2012 0 comments

Individuals being charged with criminal offences are a common issue in most of the societies across the world. There can be various issues which may lead to such a charge. This may include attempt to murder, cheating and forgery, drunken driving, kidnapping and much more. And till the person is proved innocent, the charges remain on him or her with all the effects and consequences surrounding. This can be often troublesome and mentally harassing, even if the charges are of lenient nature. Having a criminal defense lawyer by your side in such cases can reduce much of the legal burdens.

Also know that as public defenders, criminal lawyers are legal experts specialized in criminal offences and every detail associated with it. Though they are often employed by the government, there are also lots of legal firms practicing and accepting cases as in a professional organization. Their status and mode of working may vary from states to states or nations to nations. Usually such public defenders are easy to hire if your case is not something gruesome. In many cases they may be fresh law graduates seeking an experience in courts. The main advantage of hiring such youngsters includes a reasonable payment and a good result wing to their initial day's enthusiasm for the profession.

The importance of criminal defense lawyers can be understood from this mere fact that there exists a notion that when you mention a lawyer, it's surely going to be a criminal lawyer. They are widely sought for getting justice and integrity which are at stake because of the criminal offences charged on an individual or a firm. Since such cases are often about life changing verdicts, it is highly necessary for the defense lawyer to be an expert and empathetic towards his or her client.

Finding an eminent criminal defense lawyer is not a difficult task as it once used to be. Thanks to the growth of law into a profession with wide reach, anyone can easily have access to a law firm and understand the nuances. Ranging from legal advice to taking up the case for the client in a professional manner, such criminal defense lawyers can offer solace and courage to their clients. To start with you can go for an online search for expert criminal lawyers. Many law portals offer all the necessary details about the lawyers and their availability. Once you are convinced in person, he or she can be hired for your case.

Click here to know more about Boston Criminal Defense Lawyer.

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Read About the Advantages of Hiring a DUI Lawyer

Tuesday, 6 November 2012 0 comments

Irresponsible driving is considered to be one of the key reasons for an ever increasing accident rate across the world. Though the outcomes in almost all the cases are either injuries or death, the reasons are various and in many cases easily avoidable too. Rash driving, using vehicle without license, under age driving etc are cited to be the common causes. However, amongst these the important and popular cases are of driving under influence or DUI. Under this case, a person driving the vehicle might have consumed alcohol or such drugs which may change his or her motor skills and thereby leading to the accident.

People who are charged with DUI may also include those who consume illicit drugs, painkillers in excess or over the counter prescriptions. Studies reveal that excess consumption of such drugs can alter the thoughts, manners and the mental skills or brain to a dangerous extent. Such people can be easily caught by the police and traffic people by simple techniques like breath analyzers and other chemical tests. They can also be identified by making a person to stand on a leg or making him to walk on a straight line. After such tests if the person is confirmed with intoxication, he or she may be charged with DUI and thereby making to face dire consequences.

A DUI charged person may face with punishments like immediate cancellation of license, increased rate of vehicle insurance and even the vehicle be fitted with an ignition interlock device. The stringency of punishment may rise with the number of times such an offence is made. It is under such situations the protection from a DUI lawyer arises. These people are experts in law dealing with such cases in the most professional manner. A DUI lawyer can help you in many ways which may either help in getting you free of the charges or facing lenient punishments.

Thus the advantages of having a DUI lawyer by your side may include reduced tension in legal matters pertaining to driving, accident claims, stringent punishment or high insurance rates and much more. Owing to the increasing number of such cases, one can easily find such a professional in or near to one's city. They can also be reached via online law firms which offer round the clock service to the clients. You can fix the appointment or even meet the lawyer via online and later reaching him in person.

Click here to know more about a Massachusetts DUI lawyer.

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What Is an SOC Agreement in a Criminal Case

Monday, 5 November 2012 0 comments

? First of all it stands for stipulated order of continuance. To put it simply this is essentially it is a contract a defendant would enter into with the Prosecuting Attorney. Typically the terms of the contract would include some sort of sentence. At the end of the terms of the contract the criminal case would get reduced or dismissed, depending on the negotiated terms of this agreement. But lets take a deeper look at how the stipulated order of continuance would work and what typically are the terms it contains.

As stated above this is a contract between the Prosecutor and the Defendant. One of the most important and key terms of the contract is what will happen to the charge at the end of the agreement. Whether it gets dismissed or whether it gets reduced to a lesser offense. That needs to be negotiated and is usually spelled out in the agreement.

Another important aspect of the agreement that is often overlooked is what will happen if the defendant doesn't comply with the terms of the agreement. Lets say one of the terms of the agreement is to do 20 community service hours. Well what happens if the defendant doesn't do that. Well the heart of the stipulated order of continuance is that the defendant has to stipulate that the facts in the police report are true and sufficient to convict them for the underlying offense. The Judge will then attach the police report to the SOC agreement. So if the defendant doesn't do what he is supposed to do or fails to live up to their end of the bargain. A Judge will simply read the police report, and since the defendant has already stipulated to the facts in the police report, the Judge will just read it to determine the guilt of the defendant. The defendant will not be able to contest any of the evidence.

So is the SOC agreement a good deal? Absolutely in my opinion it is a good deal. It allows the defendant to control their destiny. Meaning they can choose to live up to their end of the bargain and follow whatever terms get negotiated. Typically these are staying out of trouble, doing community service hours, alcohol and or drug treatment. Things like that. If they do those things then the charge will be guaranteed to get dismissed or reduced. Remember if you go to trial you never know what will happen, and the SOC agreement has a guaranteed outcome.

Matthew Leyba is a Criminal Defense DUI Lawyer in Washington State. He represents those accused of DUI and other serious traffic offenses in his Seattle DUI Defense law practice.

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Why a Defendant Should Always Stand When Addressing a Judge in a Criminal Case

Sunday, 4 November 2012 0 comments

So lets say that you have been arrested for a crime. You have never been in trouble before, and this is your first experience with the criminal legal system. Now you have seen courtroom drama television series, and your favorite movie is, "My counsin Vinny." But there is completely different and its real life. One of the questions you have is what you should do when a Judge directly addresses you and asks you a question? How should you act, how should you respond, should you stand or sit? This article was address the last question, whether you should sit or stand.

Should you sit down or stand when addressing a Judge in a criminal case. The answer is absolutely you should always stand when addressing the court. In my opinion there are three main reasons to do this. And it is not just for exercise.

The first reason to always stand when addressing a Judge in a criminal case is it's a sign of respect. The most often heard complaint from Judges about defendants is they dont show any respect for the process. Remember this is a criminal case. The Judge is the individual who will ultimately decide your fate should be you convicted or enter into a plea deal. By standing when addressing the Court you are showing a sign of respect to that Judge and the process. Trust me when I say it will carry a lot of weight.

The second reason to always stand in this situation is it allows the Court recording device to record you better. Remember everything that is said in open court is recorded. It is important to speak up and annunciate clearly. If you don't understand something, or if you don't acknowledge something that can be raised later on in the proceedings. And guess how that will be done. Through the courtroom recording device. So remember to stand and pronounce your words clearly for the recording device.

Lastly the reason to always stand when addressing a Judge is acknowledge the court. At sentencing one of the most important aspects is the right to allocution. Meaning you have the right to tell the Judge anything you want regarding sentencing. Often times these hearings can become very streamlined, and if you don't stand up right away and start talking the Judge is likely just to pass over your remarks and finish up the sentencing. If you stand, even if the Judge is looking down at the paperwork it will force the Judge to acknowledge and give you the right to allocution.

Matthew Leyba is a Seattle DUI Lawyer in Washington State. He represents those accused of DUI and other serious traffic offenses in his Seattle DUI Lawyer practice.

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What Is a Compromise of Misdemeanor in a Criminal Case?

Saturday, 3 November 2012 0 comments

One of the best kept secrets in criminal defense is the compromise of misdemeanor. To put it simply the compromise of misdemeanor is a type of resolution available in criminal cases that involve either real property, or some kind of financial culpability. If a Judge approves the compromise then the criminal charge would get dismissed and the defendant would be able to move on without a criminal conviction on their record. So what exactly is it.

Well lets say an individual is arrested and charged with property destruction. For example the defendant is a kid who was shooting a bb gun at windows and breaking them. Or lets say the defendant was spray painting a wall and charged with some kind of graffiti charge. Or lets say the defendant is charged with theft from an individual, or a business. What is the one thing all of these offenses have in common. If the victim is paid for their losses, then they are made whole again. In other words if the defendant pays for the broken window, or pays to have the wall repainted, or pays for the cost of the items taken then the victim has been made whole again.

So how does the compromise work. Well first the defense attorney needs to find out who the victim is and contact them. Then they need to carefully ask if they would agree to a compromise of misdemeanor if they are made financially whole again. If they agree to it then the attorney should make arrangements for the defendant to repay for the damage, then have the victim sign an affidavit stating they have been repaid for their losses, and they have no objection to the charge being dismissed.

Once that is taken care of then the defense attorney will provide the following to the Judge: the affidavit signed by the victim, a motion to grant the compromise misdemeanor, and an order dismissing the criminal case. After those items have been presented to the Judge, then the defense attorney explains the circumstances with the victim and simply asks the court to grant the compromise.

In most situations a Judge will defer to the victim and if they have no objection to the dismissal and have been made financially whole then a Judge is likely to grant the motion and dismiss the case. As stated above this is a little known resolution, and is probably the best kept secret in criminal defense in terms of representing a client and getting a good outcome for them.

Matthew Leyba is a Seattle DUI Lawyer in Washington State. His practice focuses on representing those accused of DUI and other serious traffic offenses. He is the owner of Leyba Defense PLLC, a boutique Seattle DUI Law Firm.

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What Is a Public Defender?

Friday, 2 November 2012 0 comments

Public defenders are lawyers who represent indigent defendants in criminal proceedings and are compensated by the government for their work. Although there had been private organizations like New York's Legal Aid Society (founded in 1876) performing this task with public and private funding sources, the first government agency was created in Los Angeles in 1914. Soon, most large cities had similar offices, or private programs that would provide pro bono representation to poor defendants, particularly immigrants, accused of serious crimes. For the next fifty years, the United States Supreme Court addressed a line of cases involving the constitutional right to counsel; and in 1963, the Court eventually established a right to counsel in virtually all aspects of state criminal proceedings. As a result, states began creating legal defense delivery systems to ensure that qualified defendants were represented in court.

Today, there are an estimated 15,000 criminal defense attorneys that work in public agencies in the United States. In all but one state, a public defender's office provides no cost - or low cost - legal representation to indigent defendants in some, or all types of criminal proceedings. The only exception is Maine, which employs only court-appointed private attorneys contracted to represent indigent criminal defendants. Currently, 22 states operate a state-wide agency, while the remaining 27 states provide services through county-based offices. In California, there are public defender's offices in 26 of the 58 counties.

As states across the country wrestle with budget cuts and financial difficulties, many public defender offices are faced with unprecedented caseloads, low staff morale, and legitimate concerns that defendants are not receiving adequate legal representation.

Due to an alarming increase in case loads, and fewer resources, courts across the country have been stepping in to impose limits on caseloads. Most recently, in Washington, the state's Supreme Court ruled that beginning in September 2013, public defenders may not handle more than 400 misdemeanor cases or 150 felony cases per year. These limits are an effort to ensure that attorneys have sufficient time to spend on each case and ensure that their clients' constitutional right to an attorney is not violated. In the past, public defenders in Washington have handled as many as 1,000 misdemeanor cases each year. The American Bar Association (ABA) recommends caseloads of no more than 150 felony cases per attorney.

The state supreme courts of New York, Florida, and Michigan are currently considering imposing caseload limits. These states are concerned that the offices may not be able to provide adequate legal representation in light of the increasing case loads.

The ABA has guidelines for public defenders on what is considered adequate legal representation that include:

• when caseloads are high, the public defense program should consist of both a defense office and the private bar;

• workloads are controlled and permit the delivery of quality representation;

• the attorney's ability, training, and experience are sufficiently matched to the complexity of the case.

As states continue to cut costs, it seems apparent that many government offices, including the public defender's offices will be forced to reduce staff, increase workloads, and eliminate services. As a result, courts have no choice but to intervene and try to ensure that indigent criminal defendants are provided adequate legal representation.

For over 23 years, California Criminal Law Specialist Doreen B. Boxer, Esq., has successfully defended individuals and companies charged with - or under investigation for - criminal offenses. If your life, liberty or reputation are at stake, you need Boxer in your corner. http://orangecounty-criminaldefenselawyer.com

(c) Copyright - Doreen B. Boxer. All Rights Reserved Worldwide.

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Recording With Hidden Devices - What's Legal and What Isn't

Thursday, 1 November 2012 0 comments

Legalities of Recording with a Hidden Camera in your Home

In the United States it is generally legal to record with a hidden camera inside your own home. For the most part this can be done without the consent of the person being recorded. Keeping in mind that video recording and audio recording are completely different entities. Audio recording is also examined below.

Before you place any hidden spy cameras or "Nanny Cams" in your home, it is a good idea to be sure that your particular state laws uphold this type of recording. To be extremely safe, it may also be wise to speak with an attorney about the specific ways you plan using your camera.

For the majority of all states, it is illegal to record in any area (including those inside your own home) that have a reasonable expectation of privacy such as the bathroom, others bedrooms etc.

Legalities of Recording with a Hidden Camera in Public

Using a hidden camera in public generally has the same legal particulars as recording inside your home. You may covertly record in any public place where a reasonable expectation of privacy does not apply such as restaurants, parks, shopping malls, city streets etc. It is illegal to covertly record in any public place that has that expectation of privacy such as washrooms, hotel rooms, change rooms, locker rooms etc.

Also keep in mind that it is illegal in any state to record someone for any malicious intent, including blackmail etc. All rights are waived if you record under these circumstances even if you have followed the law to the letter in all other regards.

Legalities of Employers Recording with a Hidden Camera in the Workplace

Employers may video record in the workplace with the same general exception that they do not record in areas that are considered private. Currently, there are no set of firm laws stating whether your employer need inform you of hidden cameras. Many business owners do choose to make the fact that hidden cameras are installed general knowledge, they are not legally expected to.

Legalities of Recording Audio with a Hidden Device

Laws surrounding audio recording are slightly clearer than laws regarding hidden cameras recording video. Federal and state laws require one of the participating parties consent when recording a telephone or in-person conversation. Many of the states allow 'one-party consent', but there are a few that do not. These include; California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington. Hawaii is different than all of the above in that it allows one-party consent in regards to audio recording, but insists on two-party consent if the recording device is located in a private area.

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Renee Laurin

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