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.…

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.…

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.…

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.…

Some Reasons To Consider Legal Schools

Some Reasons To Consider Legal Schools

A person doesn’t have to be in disagreement with another human, or even a business, and still may need the assistance of a lawyer. Just trying to determine how best to leave their properties, and other assets for their dependents and family, can provide a reason for estate planning. There are other situations where an attorney is required, and the attorney needs qualified personnel to help research the case.

Corporate law offers an opportunity to deal with many facets of industry, and can be international in scope. A person who specializes in this area of law can spend many hours traveling to far off places, and dealing with people who have an entirely different way of life. Franchise lawyers are focused on maintaining the contracts of locations in every country.

Business law also includes knowledge of the rules and regulations that apply in the country where a business is located. There can be federal, state and local licensing and structures which must be established through documentation that is filed at various levels of government. A sole proprietorship is just as liable for their actions and implied warranties as any corporation.

Civil law can include divorces, and child custody cases, and these situations can really disclose the true character of the people involved. The laws are intended to protect any minor children who may be involved, and it can be rewarding to know you helped keep a child in a more safe environment. Structuring the details can offer a sense of peace that the children will get a fair start in life.

Neighbor pitted against neighbor over a tree limb, stranger against stranger who suffered property damage, and friends who have hit an impasse, are all matters for the assistance of an attorney, who can help sort through the issues. These matters of civil law can often be settled out of court, and save the tax payers a lot of money.

Criminal law involves life and death decisions where a crime has been committed and the defendant might be innocent. Prosecution and defense attorneys are involved in taking these cases to court, and a judge and jury make the final decisions about what happens to this individual. If they are guilty, society may have been served, but if they are innocent and still deemed at fault, a persons life can be forever changed.

It only takes 2 years to get a degree which can start a career in the world of law and lawyers. It can take a lifetime to pay for a crime. If you are interested in the study of law, you can start as an assistant, and continue to work while getting the rest of your education to become a bar association lawyer.…

Solicitors Pay Across Legal Sectors

Solicitors Pay Across Legal Sectors

The pay of solicitors can depend on a number of factors. It largely depends on the nature of the case; both the sector of law it falls within and the specifics of the case. Different lawyers charge varying fees, something that is usually based on their experience and knowledge.

Commercial (business) lawyers will usually be among the highest paid. The outcome of some cases can have a major impact on a business’s future so they will have a high budget in terms of the amount they can spend on solicitor’s fees. Those that could be landmark cases can be extremely lucrative for businesses, or prevent them from financial ruin, so they are often wiling, and able to afford, the very best solicitors. This puts solicitors in a position where they are able to dictate high fees if they can demonstrate they are the best choice for the businesses concerned. Very large corporations spend large amounts on solicitors, not just for legal disputes, but in-house to make sure the legal side of the business is running smoothly. Therefore solicitors working for corporations such as Microsoft and Google will be on very high salaries. Solicitors acting on behalf of small local business will not be on anywhere near the same amount, so it does to an extent depend on the nature of the client. The best commercial lawyers, though, are the most highly paid across law.

Personal injury lawyers are often at the other end of the scale, and are generally low paid. There are many no win, no fee lawyers, where clients will only pay should their case be successful. The solicitors may still be paid if working for a firm, but not as much as in other areas of law, as there is no guarantee of the firm being paid. If a large case is won though then the firm, and solicitors, could be paid a significant amount as they will usually charge as a percentage of what the client gets. Therefore it depends more on the specifics of the case and its outcomes that the type of client. Most of this is specific to no win, no fee lawyers and not others working within the personal injury sector.

The pay of criminal solicitors can vary significantly. This can be dependent on the client and the nature of the case. For example, solicitors who were working for Michael Jackson during his legal battles would have commanded high fees. He would have paid for the best solicitors money can buy, and therefore the best paid. The other end of the pay scale within criminal law are those who work on behalf of those who cannot afford to pay for their own solicitors. When someone is arrested they will be offered legal representation. These solicitors will be paid by the state, and will be earning significantly less than other criminal solicitors. People are more willing to pay higher charges for the best representation if they have been charged with more serious criminal offenses. They will usually pay more if potentially facing prison time than if they are accused of a minor driving offense, as they have more to lose should they not win.

A large number of factors will dictate the pay of family law solicitors. It can depend on how much a client can afford and the nature of the case. If children are involved in a divorce or there are large settlements involved such as property or large savings, then clients are more likely to be willing to pay more, and the case will require more work on behalf of the solicitors.

Pay within wills and probate law is not generally amongst the highest, but there are exceptions. If lawyers are acting on behalf of a client with a huge estate then the charge is higher, as solicitors fees’ are often based on a percentage of the estates total worth at the higher end of the market. For the will of someone with minimal savings and an average home the fees will be much lower.

Property solicitors are generally paid a percentage of what the property is being bought for. Therefore, what a solicitor will earn will be very different for a mansion worth A�5 million than a two bedroom house being bought for A�100,000.

Although some sectors of law are paid better than others, there are many factors that dictate this amount. Some clients will pay more than others, depending on their own wealth, how important they deem the case, and their personal preferences. More experiences solicitors, with a positive track record, will earn the most whichever sector they work within, as clients will be willing to pay them more and they are more likely to be used for cases deemed important by clients.…

Making Personal Injury Claims

Making Personal Injury Claims

Personal injury is a term many people have heard of but when one actually has to file for a claim, things may not be as easy. There are many things to consider, especially those that will involve the insurer. In many cases, people do not get the actual amount that is due them because insurance companies can play around the technicalities of their policies just to be able to reduce the sum that should be given. Unless one truly understands how these claims work, there is the danger of falling victim to these malicious insurers. Sad as it may seem, people could be taken advantage of and for this reason, it is important to hire a personal injury lawyer.

A personal injury lawyer will have the expertise and the experience needed for a claimant to be able to get the full amount that is promised in the insurance policy. Hiring this lawyer will then be the first important step when somebody has to file a claim. However, it is necessary to choose the right lawyer who can represent the claimant effectively. If you have to file a claim, look for a lawyer who can provide you with many details regarding his experience. In particular, you should inquire into the cases that a lawyer has won, along with his educational qualifications and, of course, his personal views regarding your claims. It is useless to have a lawyer who does not believe in your particular cause.

Once you have found the right lawyer, you can discuss the possibilities of your claim while taking into account the various requirements that will be needed for you to take all the legal steps that will be necessary. First and foremost, you have to be able to prove that you suffered the injury as a result of somebody’s negligence. But you cannot just rely on your own words to convince the judge that you have reason to file your claims. You have to be able to support your testimony with evidence such as a police case report, medical certificates and people who have witnessed the act of negligence.

There is no fixed amount that you can demand, however, as things will depend on how serious your injury was as well as how large you financial loss has been due to the act of negligence. Again, your personal injury lawyer can give you expert advice on how much to claim and will give you a realistic basis for your expectations.…

How A Criminal Attorney Can Help

How A Criminal Attorney Can Help

Criminal lawyers are a special breed of attorney. Their job is to ensure that their clients receive all that is available to them under the law after they have been arrested for criminal offenses.

Criminal violations could include the following:

drunk driving

hit and run

reckless driving

shoplifting

larceny

burglary

assault

battery

murder

manslaughter

record expungement

drug possession

selling a controlled substance

drug trafficking

Lowering Charges:

A criminal attorney will first try to have the charges lowered. He or she will also investigate and often challenge the lab work, arresting procedure and other aspects of the arrest.

Arraignment:

The client enters a plea at the arraignment hearing. If a defendant cannot afford to hire a criminal defense attorney, the Court will appoint an attorney from the Public Defender’s Office to serve as that person’s criminal attorney. Public defenders are often young and inexperienced in going up against lawyers from the District Attorney’s Office. For this reason, it is always a good idea to retain a criminal attorney.

After the arraignment or even at the arraignment, the defendant’s criminal attorney may file a Motion to Dismiss the Case for lack of evidence, improper arrest procedure or for some other valid cause. If the case is dismissed, the client is free and will not have a conviction on his or her criminal record.

Pre-Trial Conference:

At the pre-trial conference, the judge surveys both attorneys to see if they are ready to proceed to trial. If they are not, the judge will admonish them to prepare their case as quickly as possible. If the case is ready to go forward, it will them proceed to the assigned trial date where both sides will present their case. Some trials are before a judge and jury while others are held before a judge only.

Trial:

Plea bargaining negotiations begin practically from the beginning of the case. These are normally not held at court but, rather, between attorneys while at the local restaurant across from the courthouse. If the case is settled prior to trial and if the judge approves the settlement, the trial date will be vacated. However, if the case does not settle, the trial will begin.

Sentencing:

Some cases settle at the time of trial, but the more serious cases like grand larceny, burglary and murder are usually sentenced a week or two after the trial. For a sentence, a defendant may be required to serve time in the county jail or in state prison, pay victim restitution, participate in drug treatment, testify before a victim’s group and/or engage in community service. First offenses are often sentenced to summary probation only. However, if probation if violated in any way, the defendant will then have to serve time in lock-up. A criminal attorney can assist in helping a client receive a lower sentence.…

Five Basic Constitutional Rights All Americans Should Know If Arrested by Law Enforcement Officers

Five Basic Constitutional Rights All Americans Should Know If Arrested by Law Enforcement Officers

The Constitution of the United States guarantees specific basic rights to citizens arrested or questioned by law enforcement. Some of the basic rights include the right to have a legal counsel, the right to remain silent, etc. You need to know your rights as enshrined in the Constitution. Below are some specific rights you should know in the face of criminal investigation:

The Right to Remain Silent

No person is obliged to talk to police authorities when interrogated concerning a crime. You should NOT give any statement, but politely provide your name and give your driver’s license if requested. The Fifth Amendment as well as the Miranda decision of the Supreme Court protect American Citizens. When you are arrested for a criminal offense, anything that you say to the arresting police authorities is likely to be used against you in court.

The Right to Counsel

This is another important right you should not forget when you face criminal charges. The Sixth Amendment guarantees you the right to counsel by an attorney prior to being questioned by the police. Retaining a lawyer, whether a private attorney or a public defender,if you cannot afford one, is critical prior to making any statement to the police.

The Right to be protected from Unreasonable Searches or Seizure

Unless a police officer shows you proper credentials and a search warrant, you should not allow any form of search to be conducted on your body, property and car. The Fourth Amendment keeps you from unfounded searches and seizures. If a police officer shows you a warrant, you must ask to read the content of the papers before allowing them to conduct search. It is also better to ask the police officer if you may watch as they conduct the search and to call your attorney prior to the search.

The Right to Due Process of Law

This specific right guarantees you to have a fair trial or fair trial and that specific rights and/or privileges shall not be taken away from you.

The Right to Speedy and Public Trial

A speedy public jury trial is guaranteed by the Sixth Amendment, unless you request a bench trial. The right to a speedy trial in the U.S. makes sure that defendants do not spend an unreasonable amount of time in jail prior to a public trial. Infringements of the speedy trial rule may result in a dismissal of the criminal charges.…