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Assessing the Strength of Your DUI Defense Case

Assessing the Strength of Your DUI Defense Case

There are a ton of factors that go into prosecuting and defending a DUI arrest. These factors primarily revolve around the reason for which the vehicle was pulled over, and the way in which the field sobriety test was administered. While police departments are given a certain amount of latitude in determining if probable cause exists for a DUI stop and subsequent DUI roadside field sobriety tests, many times an officer may either be legally incorrect, or exercise poor judgment. In these types of situations, there’s often a strong case to drop the pending charges and avoid a DUI conviction.

To assess the strength of your potential DUI defense, the first issue to be addressed is that of the sobriety test. When the police officer requested that you take a breathalyzer exam, did you refuse? If you did not take the breathalyzer exam, the prosecuting attorney will need to rely on other evidence in proving their case against you. Often times, the lack of this evidence will result in the reduction of DUI charges to a lesser reckless driving charge.

If you refused the breathalyzer exam, the next issue to assess is the field sobriety test. Did you perform the field sobriety test; and if so, how well did you do? If you didn’t blow, and a video review of your test shows that your performance did not indicate intoxication, there’s a good chance that your DUI charges will be dropped. If you didn’t do well, don’t worry; that doesn’t mean you have a weak defense. Your poor performance may have been a consequence of poor roadside conditions. Was there loose gravel or sand on the road? Was the area well lit? Was it raining? Poor roadside conditions do not allow for a fair and impartial field sobriety test. Gravel and sand could cause you to slip and make it difficult to perform to the level that proves your innocence.

Even if you blew over the legal limit and miserably failed the sobriety field test, you could still have a strong DUI defense. In this case, it will likely boil down to the procedural process of the arrest. There are very specific rules that police must follow throughout their initial investigation and subsequent arrest. These range from having the sufficient probable cause to pull you over to violating the Fourth Amendment which prohibits unreasonable search and seizure. If the arresting officer strayed even slightly from the letter of the law, your DUI charges could be dropped.

There are so many factors that go into making a valid DUI arrest along with an equal number of factors that can make the most sober amongst us appear intoxicated. Never assume that you have no chance to avoid a DUI conviction without overturning every stone. Tell your DUI attorney every last minute detail that took place. Even the smallest of details could make the difference between a DUI conviction and a DUI acquittal.…

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Deciding Between Chapter 7 Bankruptcy or Chapter 13 Bankruptcy

 

A Chapter 13 bankruptcy is better than a Chapter 7. If you are behind in your mortgage payments or your business payments, a Chapter 13 bankruptcy will be your only option. You can also keep your property in California, or elsewhere, after the bankruptcy proceedings end. You can make the overdue mortgage payments clear and reinstate your original mortgage agreement by filing a chapter 13 bankruptcy. In general, if you have valuable property not covered by your California bankruptcy exemptions that you want to keep, a chapter 13 filing may be a better option. Also, people file Chapter 13 bankruptcy because they have too much income to file a Chapter 7 bankruptcy or have the kind of debt that is non-dischargeable in Chapter 7 (e.g. Certain taxes

Chapter 7 is the best option for California residents who want to get rid of their debts without having to pay them back.

You can find out more about the two types of bankruptcy here:

  • California Chapter 7 Bankruptcy
  • California Chapter 13 Bankruptcy

Here’s a quick overview of both types of bankruptcy.

  • Advantages California Chapter 7 Bankruptcy
  • Disadvantages California Chapter 7 Bankruptcy
  • Advantages of California Chapter 13 Bankruptcy
  • Disadvantages of California Chapter 13 Bankruptcy

Benefits of a California Chapter 7 Filing:

  1. A completely new start is possible. You will have no more debts after bankruptcy.
  2. On the date you file, you have immediate protection from creditor collection efforts and wage garnishment.
  3. After the bankruptcy filing, all wages you earn and any property you acquire (except inheritances) are yours and not the creditors or bankruptcy court.
  4. There is no minimum amount required.
  5. In about 3 to 6 months, your case will be over.

California Chapter 7 Filings:

  1. Your non-exempt property is lost and sold by the trustee. If you want to keep a secured asset, such as a car or home, and it is not completely covered by your California bankruptcy exemptions then Chapter 7 is not an option.
  2. The automatic stay granted by Chapter 7 if you are facing foreclosure on your house is temporary.
  3. If they do not file for bankruptcy protection, co-signors can remain with your debt.
  4. You can’t file Chapter 7 bankruptcy if you have filed a previous case and were granted a discharge of your debts. This applies only to cases filed within eight years.

Benefits of a California Chapter 13 Payment Plan:

  1. You can keep your entire property, exempt or non-exempt if you wish and can afford the payment plan.
  2. Although debts cannot be canceled as in a Chapter 7 bankruptcy, they can be reduced through a Chapter 13 payment program.
  3. You are immediately protected against wage garnishment and creditor collection efforts.
  4. More debts are considered to be dischargeable (including debt you incurred on the basis of fraud and credit card charges for luxury items immediately prior to filing).
  5. Any co-signers who sign the Chapter 13 plan are exempt from creditors’ efforts if they pay full.
  6. Your lender can foreclose on your home if you comply with the terms of your plan.
  7. You have more time to pay debts that can’t be discharged by either chapter (like taxes or back child support).
  8. Chapter 13 can be filed at any time.
  9. You can file multiple times.
  10. Separate your creditors by their class so that different creditors get different amounts of payment. This allows you to deal with debts that have a co-debtor on a different basis from debts you incurred on your own.

California Chapter 13 Payment Plan Disadvantages

  1. A payment plan is where you use your post-bankruptcy income. This will tie up your cash for the Chapter 13 plan period.
  2. Because a Chapter 13 filing can be more complicated, legal fees are usually higher.
  3. Your plan, and thus your debt, will last 3 to 5 years.
  4. For the term of the plan, you are involved in bankruptcy court proceedings
  5. Stockbrokers and commodity brokers can’t file Chapter 13 bankruptcy petitions.

This article was written by Alla Tenina. Alla is the best bankruptcy attorney in Los Angeles California, and the founder of Tenina law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.…

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Avoid Flashing Your Hazard Lights in the Rain

In the rainy season, it is quite common to see someone flashing their hazard lights. In a severe thunderstorm, Florida drivers will flash their lights to signal a stop or to warn of a hazard blocking the road.

Florida drivers who use hazard lamps on roads can make it more dangerous to drive in a downpour. This is an offense punishable with a fine of up to $129. You can only use hazard lights while your vehicle is moving during a funeral procession.

Hazard lights indicate a stationary object blocking a road. They should be used only when the vehicle isn’t in motion, disabled, or at the side. If a vehicle is using hazard lights while it is moving, it indicates that it will stop abruptly. It can make it hard for other drivers to see the vehicle’s location.

You can cause danger for other drivers and yourself by using these lights while driving. Instead of turning on the lights to make other drivers avoid you, slow down. If you feel uncomfortable driving in heavy rainstorms, pull over to the side of traffic and then use your hazard light once you have stopped completely.

Be sure to inform your family and friends about the laws governing hazard lighting if they are frequently using their hazard light in a storm. Inform them about the dangers and benefits of using hazard lights. You should always make sure your headlights work and not switch to high beams during rainy or foggy conditions. This can create glare for other drivers.

This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann is a car accident attorney in St Petersburg. She focuses on personal injury, car accidents, and bicyclist injury. The information on this site is not intended to and does not offer legal advice, legal recommendations or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your individual situation.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.  This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.…

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Consequences of a Crime Under Criminal Law

Consequences of a Crime Under Criminal Law

The concept of punishment makes a major distinction between criminal law and civil law. While in civil law there is no prosecution per se; rather a reimbursement to the plaintiff by the losing defendant, in criminal law a guilty defendant is punished by imprisonment, fines, or the death penalty. In criminal law, maximum sentences on felonies could go to up to a jail term of one year and for misdemeanors a maximum sentence of less than one year. A civil case conducted under tort law can lead to punitive damages if the defendant’s conduct is proved to have intentions for malicious action (cause harm), negligence, willful disregard to other people’s rights.

Compensation for the Plaintiff under Criminal Law

These damages are usually significant in torts that involve such cases as privacy invasion, which may involve a dignitary; and civil rights in cases where the injury or harm done when translated to monetary form is minimal or negligible. Punitive damages are usually intended to teach the public a lesson through the defendant so that the same act may not be repeated. However, these damages are never awarded under contract law where there is a previous contract or agreement involved beforehand.

Tort claims can be paid through insurance that is purchased specifically to pay damages and also to cover the attorney’s fees. This insurance is similar to the standard insurance purchased for business, homeowners and vehicle. However, the defendant may not be able to purchase the same to make payments for his/her offense under Criminal Law.

If the defendant is ordered to pay for damages and he/she does not have assets or insurance or has hidden the assets carefully, the plaintiff will receive nothing in damages. Therefore, large claims awarded to plaintiffs for damages are often a waste of time.

The outcome of a case is considered effective to an extend where punishment may not necessarily transform a criminal found guilty under either criminal law or civil law or stop them from committing the same act again. As rational as human-beings are thought to be, criminals are thought to be irrational and it is not considered that they will be caught a second or third time; hence, continuous offense without consideration of possible punishment. However, denial of criminals’ movement rights by enclosing them in prison for a certain period of time may be seen as a much more effective punishment. Therefore, criminal proceeding under criminal law is seen to have more serious impact than under civil law. People tend to choose the loss of freedom rather than the payment of heavy fines that may not necessarily be available to the defendants.…

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Kredittkort: Apply for One and Enjoy Always Having Money

Do you know what a kredittkort is? It’s the popular term for a credit card that allows you to have money whenever you need them. It’s the best piece of financial item that allows everyone to be covered wherever they go and whenever they need it.

Everyone with a high enough credit score and a monthly income that is enough to cover the bills can apply for a credit card. With it, users can pay for things that they can’t get at the moment because their funds are insufficient. Learn more about why the credit score is crucial here.

If you’re planning to get one, you can then freely use it for things that you might need and you’re not sure how to find the money for it. When you’re thinking about getting it, you need to know how to find the best option for you personally. Check out what we have prepared and what you must know before getting it. Read the following and learn everything there is about the kredittkort.

1. Online applications are the easiest

One of the best things about today’s applications for getting financial services is the chance to find the best options on the internet and apply for a card online too. You can do the whole procedure through the internet and you don’t have to show up in their office at all.

In times of Covid-19, it’s especially important to have this opportunity. You don’t need to shake people’s hands, stay in close rooms together with some employees, nor do you have to waste hours going to their offices. Everything’s available through the internet.

First, find the best option by searching through the many out there. Then realize which one is the best for you personally, and finally apply for it. The application process is simple. You click a few buttons and show what you want, then wait for the bank to check your credentials, and finally get approved or rejected.

If you get approved, the card will arrive through the mail, so you don’t have to worry about anything. The activation is simple and can be done on an ATM by inserting the test PIN code coming with the envelope. A number that only you know. That’s it, you’re free to use it.

2. Make sure you know what you’re applying for

Before choosing one, however, you must explore your options and find out which one is the best fit for your personal needs. With dozens of options and cards with different features, you should be choosing only the one that will be perfect for you.

As there are cards with features and benefits that are amazing, they also have downsides that will limit your enjoyment while using them. You must clearly know what are the pros and cons of the card you’re applying for because once you get it, these features will be instantly applied.

For example, if you need a card that has a limit big enough to cover the expenses you’re going to need, like a wedding, you should look for that. Calculate how much the wedding is going to cost you, and make sure the card you’re getting has a limit that will allow you to organize everything perfectly.

At the same time, make sure that you understand what the downsides of it are and see if you can take that negative aspect. For example, if the limit is enough for the wedding, then the interest rate might not be working for you. Make sure you know what you’re applying for.

3. Look at the terms and read the agreement carefully

Before signing anything, you must look at the terms carefully and read everything there is inside. Banks make their money by finding ways to profit, and these ways are often imposed on their clients without them knowing it.

When you’re applying for a card, no one will tell you how much you’re going to pay every month for having the account opened and serviced. This may be too much, so you must read the agreement carefully, and if they charge for something that isn’t written in the agreement, you need to ask for your money back.

If you sign the agreement, then everything written inside can’t be altered. You agreed to the terms and you’ll have to pay for the things you’re charged with. This is why you must read everything thoroughly and be sure that you understand everything clearly inside.

4. Understand the risks

Along with the previous point comes the understanding of the risks. Every card has many benefits and positive sides from using it, but there are negative aspects and risks too. Some of these risks may be very serious and cause serious problems in your life if you don’t mind them.

One …

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Getting A Criminal Defense Lawyer Who Is Reputable Is Important

Getting A Criminal Defense Lawyer Who Is Reputable Is Important

Criminal Law can be very complicated to an ordinary person. Nevertheless, you or someone you care about can one day find themselves on the wrong side of the law. At that time hiring the right criminal defense lawyer becomes very important. This is because the expertise of the criminal lawyer who knows what criminal law entails will be critical for the decisions you have to make. If a lawyer has also practiced in a court of law for many years, he or she also knows what you can expect from the jury. As such, he or she is in a better position to guide you or your loved one on the best course of action to take. This way, you will be able to reduce the charges leveled against you in a court of law.

Choosing a criminal defense lawyer can be challenging especially if you have never needed one before. This is because there are many criminal lawyers out there who are all promising to help you get out of your current predicament. Some of these could be honest lawyers who can live up to the promise while others could be quacks who are just interested in your money. Therefore, you need to choose wisely so you can rescue your life or that of your loved one or even get value for your money.

What to look for in a criminal defense lawyer

You need to look for a criminal defense lawyer you can trust and is honest. It is important to know that some lawyers lie. These are just after your money. These are lawyers who will promise you a certain verdict even before your case goes to a court of law. They will verbally guarantee you how the case will turn in your favor. You should avoid such criminal defense lawyers because no lawyer regardless of how good they are can tell if a case will turn in your favor or not. The best defense lawyer will only be hopeful and optimistic.

Look for a professional criminal lawyer. This should be a lawyer who has studied criminal law and specializes in it. This is very important because such a lawyer has more knowledge of criminal law and is in a better position to help you out in your case. Also, ensure that you hire a criminal defense lawyer who act in a professional manner. Avoid lawyers who come to you in a police station asking to represent you in a court of law.

Experience is very important when it come to criminal law. This is because an experienced criminal defense lawyer has represented more clients. In most cases, judgments are passed on the basis of preceding cases. As such, an experienced lawyer can predict the outcome of your case if the case proceeds as expected. This will help him or her come up with a strong defense to present in a court of law increasing your chances of winning. With the help of a good criminal defense lawyer, one has high chances of overcoming the charges leveled against them in court. This is because such lawyers do what they do with pride and in the best way they can.…

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What Should I Ask a Personal Injury Lawyer?

Don’t be intimidated when you first meet with an attorney for an initial consultation. Keep in mind that you are the one who is in charge of making hiring and firing decisions. By asking the right questions, you can greatly improve your chances of finding the most qualified attorney.

What kinds of inquiries should I make?

Inquire about the lawyer’s experience and practice areas. How long has the lawyer been practicing law and also how long has the firm been in business? What are the most common legal issues that the lawyer deals with? Are the majority of your customers individuals or businesses?

Is it appropriate to inquire as to whether or not someone else will be handling my case?

Yes. Inquire if nonlawyers, such as legal professionals or law clerks, will be used in the case’s research and preparation. If that’s the case, would they be charged separately for their solutions? If your lawyer is uncertain about certain aspects of your case, who will be consulted? If this lawyer or firm is unable to manage your case, would the lawyer suggest another attorney or firm?

Precise experience is always important. For instance, an Indianapolis nursing home abuse lawyer will be much better suited to handle cases involving nursing home abuse than an attorney specialized in truck accidents.

What questions do I need to ask about fees and costs?

Fees are calculated in one of three ways: either by the hour, by the case, or by the amount of money earned in the transaction. In order to administer the case from start to finish, how much money would be required? When do you have to make the payment on the bill? Is it feasible to pay it in installments over the course of time? Request a formal statement that outlines the services that were given as well as the fees that were charged for each.

Should I inquire about the case’s potential outcome?

Certainly, but be wary of any attorney who promises a large payment or a court triumph. Remember that every legal problem has at least two sides, and numerous factors might influence how it is resolved. Inquire about the strengths and weaknesses of your case with the lawyer. Is it more likely that your lawyer will settle your lawsuit outside of court or will the matter go to trial? What are the benefits and drawbacks of settling? Are you thinking of going to court? What kind of trial experience does the lawyer have?

Should I inquire what will happen if the lawyer and I disagree at our first meeting?

Yes, the best time to inquire about resolving any difficulties is during your initial meeting. If the two of you are in a serious conflict, find out if the lawyer will agree to binding arbitration. Most state bar associations include arbitration committees that will resolve issues between you and your lawyer, such as over expenses, in exchange for a small fee. If you and your lawyer agree to submit your cases to a third-party panel for binding arbitration, you and your lawyer are agreeing to accept the panel’s decision as final.…