Monday, November 30, 2009

certainly nobody likes to think in regards to waking up one day and finding themselves in need of a criminal attorney but whether or not it happens it’s good to know that the residents of south florida have choices. From the fort lauderdale attorney, miami attorney, to west palm beach criminal lawyer, the southern areas of florida have a heap of excellent lawyers to take care of you whether or not and when you ever need their counsel and assistance.

sometimes being an attorney is a thankless job; a heap of persons see these lawyers as working for the bad guys. But in our country everybody has the right to a fair trial and that means everybody has the right to legal counsel. That legal counsel had better be well educated in the a heap of laws that govern each state and country. A fort lauderdale criminal lawyer will require to know totally different distinct features of the law than a business lawyer from boston. A miami criminal lawyer will require to be well versed in litigation concerning felonies whereas a mortgage attorney wouldn’t need to know such things.

a well-educated attorney may make bad conclusions that an individual made be fewer disagreeable and painful in regards to trial and sentencing. It’s the criminal attorney’s job to assist the innocents of the customer and to make the job of the prosecutor more difficult. The burden of proof falls on the prosecutor and they ought to prove the customers guilt feelings while the attorney supports the clients’ innocents. In the end the customer puts his life in the hands of his criminal attorney and that is the reason why it’s very principal to ascertain one has the most skillful criminal lawyer you may get.

it is a misconception that criminal attorneys only have customers that are of the most deviant of offenders. This is not true. Certainly those accused of crimes such as murder, robbery, and rape need the counsel and assistance of a criminal lawyer but likewise those accused of white-collar crimes in business need the assistant of a knowledgeable criminal attorney as well. A good portion of customers who seek the help of a criminal attorney are those who are accused of white-collar crimes such as business executive and those in the stock market.

there are a heap of high profile cases that are spotlighted by the media; a heap of criminal attorneys have made a name for themselves when representing one of these high profile cases. This is when a criminal attorney needs to have all his ducks in a row because all eyes are on him/her to see how he/she will represent the customer and whether or not he or she will win. Not all criminal attorneys like or even want a high profile case because they feel inclined to be rather difficult cases. Being in the spotlight doesn’t always work well for the denial and defense.

it is safe to say that should you ever need an attorney you will want to get the very best in the business. Whether or not you need a criminal lawyer your life is on the line; a good attorney will assist you get back your life.


©2009 vpl. All Rights Reserved.

Saturday, November 21, 2009

have you ever wondered how on earth a lawyer could ever fix a traffic ticket? You were speeding and you got caught, how would they be competent to get you out of it? Traffic ticket lawyers have this all figured out naturally and it isn’t closely as elaborated as you may think. Nonetheless, it have need of you to have legal representation in order for the method to work well.

the trick behind how lawyers may do this is in the quantity of selective information that have to really beat the ticket. Most times they may find mistakes that will aid you out of the circumstance. Other times they may plainly just make it appear like you have enough proof to beat the ticket so that the prosecuting attorney doesn’t even want to bother with the case. Other times, even though it’s very rare, they may just ask the judge to throw it out just because. That’s we at the traffic ticket team strive to do. A mutual story you will listen of is a person becoming a speeding ticket and the lawyer wanting to have it reduced to a non-moving violation. This means it won’t have a result on the people insurance rates. I’ve heard of people in some cases being faced with this same circumstance with a dui on top of all of it.

typically both violations are dealt with separately in court and if you’re lucky the dui will have been dealt with before you ever appear for the speeding violation. In a case such like this, the lawyer would in all probability speak with the prosecuting attorney before the hearing and explain that the dui had already been dealt with. They would in all probability similarly ask what could be done to have the speeding violation reduced so that the customer could put all of upset behind them. More often times than not, the two attorneys are going to be competent to efficaciously work out a deal in which the violation may be reduced to a little less charge. This isn’t at all times the case even though and most times a lawyer should threaten going to trial in order to get you the outcomes that you want. If they have won in alike cases at trial antecedently this helps plenty.

now you acknowledge why it takes legal representation to accomplish this. Attorneys have the knowledge and background to efficaciously work the court and to see troubles with the prosecution’s presented case. This is not to say you wouldn’t be competent to do it on your own, but for best results you will want to have a professional there to look after things for you.

most of us have wondered at some point in time or another how a lawyer would be able to beat a traffic ticket for you. Think about it, you were speeding and you got caught plain and simple. How would they be able to convince the court other than as supposed or expected? Traffic ticket lawyer methods for doing this are really not all that complicated, but you will unquestionably want one before trying to beat any ticket.

the trick in how lawyers do this is in the volume of information they have for beating the ticket. In a heap of cases they might find faults, in others they might make it look like they have enough to beat the ticket and scare the prosecutor from carrying out or participate in and in a heap of instances they might just ask for a pass.

a story i’ve heard ofttimes is of those becoming a speeding ticket and the lawyer thinking the most skillful thing to do would be to ask for the charge to be scaled down to a non-moving violation. This gives the court something to charge you with while not effecting your insurance.

in a heap of cases people have the speeding ticket on top of a dui charge. These two violations are ordinarily taken care of during separate court hearings. If you are really lucky the dui hearing are going to be over with before you ever appear for the speeding violation.

if this is the case, the lawyer may speak with the prosecutor before the hearing begins and inform them that the dui has been handled already. Then they may ask what could be performed to get the violation scaled down for you so that you may move on. Ordinarily the two lawyers are going to be able to come to a heap of type of agreement on this matter.

this doesn’t occur each single time and in a heap of instances your lawyer might have to threaten going to trial to get anything done. If they have won similar cases in the past it does weight to a considerable degree on the courts decision. This is the grounds for having a lawyer is vital in these situations if you want to come out on top.

your lawyer will have the psychological result of perception, learning and reasoning and experience to spot any problems with the case and form a system around that. This is not saying you wouldn’t be able to do it all yourself, but the most skillful results come from having a lawyer, like one from the traffic ticket team, on your side so that each possible option you could take are evaluated proficiently.

crime is so prevalent in our society today and we only must switch on the television or read the morning newspaper to be bombarded with crime news. It makes sense in our each day fundamental interaction with our community that we should be vigilant with humans with criminal records, specially with the alarming recidivism rate in the united states.

according to james henslin in his book eligible “social troubles: a down-to-earth approach. ” (2008), he found that the recidivism or re-offending rate in united states for prisoners freed from prison within the basic year is 44. 1%. This rate escalates to a staggering figure of 67. 5% within three years after the prisoners are freed from prison. And the most disturbing aspect of his study shows that 67% of ex-convicts who were rearrested were charged with 750,000 new crimes of which over 100,000 of these crimes were classified as violent crimes, 2,871 were for murder and 2,444 for severe sex crimes.

these staggering results are of concern specially if you’re an employer, parents, landlords or humans sharing accommodation. As an employer you may not wish to utilize somebody who has criminal past specially one who has been convicted of violent crimes or rape. Parents with children unquestionably don’t want a sexual predator or pedophile as their neighbor while landlords are always concerned with regards to renting out their properties to tenants with previous conviction for fear that their properties are going to be utilized for illicit activities. And if you’re getting a new housemate, you unquestionably don’t want to portion your home with somebody with a shady past.

with high levels of ex-convicts re-offending, it’s only prudent that you run a background check on humans in circumstances cited earlier. However, running a background check may not be as easy as it sounds. You may attempt the federal bureau of prisons’ site which provides inmate locator service for a nominal fee and it’s capable to provide info of federal inmates incarcerated in the federal prisons since 1982. However, when using the inmate locater service, be aware that somebody may have a record in the federal bureau of prisons’ database but never serve a sentence of incarceration. For example, the individual may have been detained during pre-trial but charges were later dismissed. For state and local inmates, you may check someone’s criminal records from the public records departments at your local county but such search is only limited within each various county or city. Criminal conviction records from a different county, city or state will not be available from your local public records departments.

another hurdle faced when conducting a background check is that in certain states, you need the person’s date of birth and social security number before you’re permitted to carry out a search. Whereas for employers, due to red tape and legislative restriction, an employer can’t check a person’s criminal records unless permission is obtained from the prospective employee.

how do you keep away from the red tape or obstacles and check on someone’s background. The resolution is by using an online background check. There are a number of companies that provide nationwide public records databases online in which you may conduct online criminal records check. Obviously you need a great deal of basic info of the individual you’re checking on. The accuracy and reliability of criminal records extracted from these databases depend on the basic info you input into the databases. If the name of the individual you check reveals that he or she had a criminal record, don’t jump to conclusion and assure you double check the info to assure that it’s the correct individual.

crime is so prevalent in our society today and we only must switch on the television or read the morning newspaper to be bombarded with crime news. It makes sense in our everyday fundamental interaction with our community that we had better be vigilant with individuals with criminal records, particularly with the alarming recidivism rate in the united states.

according to james henslin in his book eligible “social difficultnesses: a down-to-world approach. ” (2008), he found that the recidivism or re-offending rate in united states for prisoners released from prison within the initial year is 44. 1%. This rate escalates to a staggering figure of 67. 5% within three years after the prisoners are released from prison. And the most disturbing aspect of his study shows that 67% of ex-convicts who were rearrested were charged with 750,000 new crimes of which over 100,000 of these crimes were classified as violent crimes, 2,871 were for murder and 2,444 for severe sex crimes.

these staggering results are of concern particularly whether or not you’re an employer, parents, landlords or individuals sharing accommodation. As an employer you can not wish to utilize a person who has criminal past particularly one who has been convicted of violent crimes or rape. Parents with children unquestionably don’t want a sexual predator or pedophile as their neighbor while landlords are always concerned about renting out their properties to tenants with former conviction for fear that their properties will be employed for illicit actions. And whether or not you’re getting a new housemate, you unquestionably don’t want to allocation your home with a person with a shady past.

with high levels of ex-convicts re-offending, it is only prudent that you run a background check on individuals in circumstances noted earlier. Nevertheless, running a background check can not be as easy as it sounds. You can try the federal bureau of prisons’ internet site which provides inmate locator service for a nominal fee and it is competent to provide data of federal inmates incarcerated in the federal prisons since 1982. Nevertheless, when using the inmate locater service, be conscious that a person can have a record in the federal bureau of prisons’ database but never serve a sentence of incarceration. For example, the individual can have been detained during pre-trial but charges were later dismissed. For state and local inmates, you can check someone’s criminal records from the public records departments at your local region but such search is only limited within each various region or city. Criminal conviction records from a different region, city or state will not be available from your local public records departments.

another hurdle faced when conducting a background check is that in certain states, you need the person’s date of birth and social security number before you’re given permission to carry out a search. Whereas for employers, because of red tape and legislative restriction, an employer can’t check a person’s criminal records unless permission is obtained from the potential employee.

how do you keep away from the red tape or obstacles and check on someone’s background. The solution is by making use of an online background check. There are a few companies that provide nationwide public records databases online in which you can behavior online criminal records check. Plainly you need many initial data of the individual you’re checking on. The accuracy and reliability of criminal records extracted from these databases depend on the initial data you input into the databases. Whether or not the name of the individual you check reveals that he or she had a criminal record, don’t jump to conclusion and make sure you double check the data to make sure that it is the correct individual.

Friday, November 20, 2009

Who can be tried in california?

the penal code of the state of california describes every appearance of criminal law in california. One of the most necessary aspects of a scheme of criminal laws is defining who can and can’t be tried for crimes. The california code specifies six conditions underneath which an individual who has been implicated in a criminal act can refrain from trial.

children who are underneath the age of 14 can’t be tried for a crime, but only whether or not it can be shown they did not perceive the illegality of their activenesses. Children underneath 14 who acknowledge what they are busy with is incorrect are improbable to be tried as adults, but can still face the court for their activenesses. Children who are over 14 can be tried for their crimes disregarding, and can even be tried as an adult for galore crimes.

people who are badly mentally incapacitated can’t be tried either. Persons with serious mental retardation can’t be tried because they lack the ability to perceive the full consequences of their activenesses. On a related note, the defense by reason of insanity is not many times a successful one, accept with persons who are extraordinarily mentally ill. A mental illness must be serious enough to be incapacitating, or to make the person unable to perceive the circumstance.

two other conditions underneath which an individual can refrain from trial is whether or not their activenesses took place underneath “mistake of fact” with no criminal intent, and not being conscious of one’s activenesses. Stated differently, whether or not it can be shown that an individual was misled or lacking in knowledge in a manner that led them into activenesses that were illegal, without them realizing their activenesses were illegal, they can’t be tried. An individual who was obviously unconscious at the time of their activenesses-an individual with a serious sleep disorder, for example-can also refrain from trial.

similar to the above, persons who committed crimes wholly by “misfortune or accident” wouldn’t be tried either, so long as no malice, culpable negligence, or criminal intent can be demonstrated. Must circumstances outside someone’s control result in them without advance planning committing a crime, they’ll not be tried.

lastly, persons who commit crimes underneath serious threat of violence are not to be tried. The threat must be a serious one, putting the person’s life in real peril. As well, the crime they commit can’t be one punishable by death (suchlike murder) without criminal proceedings.

if you have been charged with a criminal offense, and think that circumstances were such that you better not be tried, the skilled san jose defense law office of daniel jensen can support you. To talk about your case with an experienced defense lawyer, contact daniel jensen today.

Offering alcohol to minors

in the united states, possession or consumption of alcohol by anybody underneath the age of 21 is illegal, unless the minor is in the presence of a parent, guardian, or spouse over 21. Similarly, providing alcohol to a minor is illegal, unless the supplier is the minor’s parent, guardian or spouse of legal age and he or she is present when the minor possesses and consumes the alcohol. Any supplier who does not fit into this exception commits a criminal offense when he or she gives alcohol to a minor. If a person is discovered providing alcohol to a minor, he or she can be arrested and can be kept liable for any damages that happen due to the minor’s intoxicated state.

what qualifies as providing alcohol?

many states have broadened the definition of providing alcohol to include more than one different circumstances. Buying alcohol for a minor and giving it to him or her, whether it was paid for by the supplier or the minor, is illegal. Permitting a minor to take a drink from alcohol in your possession similarly qualifies as providing alcohol. In the state of florida, further and added statutes have been produced that can even hold adults liable for minors drinking alcohol when the adults don’t physically give alcohol to minors. Known as the open house party law, this statute extends the scope of the criminal offense to include party hosts.

open house party statute

according to florida law, anybody who is in control of a residence, allows a house party, and is aware that minors are consuming alcohol or using drugs on the premises can be arrested. When the law was basic enacted, it utilized just to adults age 21 or older who hosted a party. Now, notwithstanding, the law has been extended to include individuals as young as age 18 who knowingly concede minors to drink on their property. The supplier can be an older sibling, friend, coworker, or other acquaintance, but the offense is still the same. Anybody who “looks the other way” and permits minors to drink is in violation of the open house party statute and can be criminally charged.

penalties

furnishing alcohol to a minor is a class a misdemeanor in florida and carries a similar charge in most states. For even a basic offense, an offender can serve up to 1 year in jail and be penalized with up to a $4,000 fine. Adults who violate the open house party statute are more likely to be prosecuted critically because these cases specifically implicate tons of minors. If you have been charged with providing alcohol to a minor, you will likely face an aggressive prosecution in court. Consider consulting with a criminal defense attorney right now to ascertain that your rights are protected and to support you prepare your case for court.

for more information

to learn more about preparing your defense against criminal charges, please visit the web-site of experienced west palm beach criminal lawyers eric n. Klein & associates, p. A. Today.

Supplying alcohol to minors

in the united states, possession or consumption of alcohol by any person beneath the age of 21 is illegal, unless the minor is in the presence of a parent, guardian, or spouse over 21. Likewise, offering alcohol to a minor is illegal, unless the provider is the minor’s parent, guardian or spouse of legal age and he or she is present when the minor possesses and consumes the alcohol. Any provider who does not fit into this exception commits a criminal offense when he or she gives alcohol to a minor. Whether or not an individual is came across offering alcohol to a minor, he or she may be arrested and may be held liable for any damages that occur because of the minor’s intoxicated state.

what qualifies as offering alcohol?

many states have broadened the definition of offering alcohol to include a small amount of dissimilar circumstances. Buying alcohol for a minor and giving it to him or her, whether it was paid for by the provider or the minor, is illegal. Permitting a minor to take a drink from alcohol in your possession likewise qualifies as offering alcohol. In the state of florida, additional statutes have been produced that may even hold adults liable for minors drinking alcohol when the adults don’t physically give alcohol to minors. Known as the open house party law, this statute extends the scope of the criminal offense to include party hosts.

open house party statute

according to florida law, any person who is in control of a residence, allows a house party, and is conscious that minors are consuming alcohol or using drugs on the premises may be arrested. When the law was basic enacted, it used just to adults age 21 or older who hosted a party. Now, nonetheless, the law has been extended to include people as young as age 18 who knowingly grant minors to drink on their property. The provider may be an older sibling, friend, coworker, or other acquaintance, but the offense is still the same. Any person who “looks the other way” and permits minors to drink is in violation of the open house party statute and may be criminally charged.

penalties

furnishing alcohol to a minor is a class a misdemeanor in florida and carries a alike charge in most states. For even a basic offense, an offender may serve up to 1 year in jail and be penalized with up to a $4,000 fine. Adults who violate the open house party statute are more likely to be prosecuted severely because these cases quintessentially implicate a large number of minors. Whether or not you have been charged with offering alcohol to a minor, you will likely face an aggressive prosecution in court. Consider consulting with a criminal defense attorney immediately to see to it that your rights are protected and to support you prepare your case for court.

for more information

to learn more with regards to preparing your defense against criminal charges, please visit the internet site of experienced west palm beach criminal lawyers eric n. Klein & associates, p. A. Today.

Defending versus illegal drug charges

like a good deal of urban communities in the u. S. , dupage county illinois has its portion of drug troubles, including drug-affiliated crimes. Dupage is portion of the more outstanding chicago metropolitan area. In point of fact it is the second most populous county in more outstanding chicago with closely 1 million residents – second only to cook county.

with that a good deal of residents, and with its proximity to the city core of a major city suchlike chicago, it is inevitable that dupage county and its major municipalities suchlike naperville and wheaton will have their portion of crime. Illegal drugs and the resulting crime are a major problem in nearly every urban area in the u. S. , and dupage county is no exception.

this is in spite of the fact that dupage county is one of the wealthiest regions in the u. S. On intermediate, the per capita income of dupage residents is the highest in the state of illinois. Not long back, dupage county’s economy was greatly agricultural, but this has gradually been transformed into a rich and diversified county boasting a good deal of different kinds of industry. This alter has come in regards to as dupage has turned into an incorporated portion of the dynamic urban county known as chicagoland.

drugs have been summarily classified into four major categories. Ordinary drugs like aspirin, paracetamol, and other painkilling medicine, need no doctors prescription and are available in any drugstore, supermarket, or corner store. Then there are the legal drugs like cigarettes, alcohol and pharmaceutical products. It is interesting that there are those that are both legal and illegal, suchlike heroin, which is legal when prescribed by a doctor, and illegal if you buy it on the street.

finally there are the illegal drugs which include heroin and cocaine. They’re available in powder form, and either snorted directly in to the nose or mixed with tobacco in cigarettes and inhaled. They can also be mixed with water and injected into a vein. While an overdose of marijuana will rarely kill any individual, there are a good deal of reported cases of heroin having brought a good deal of an addict to the doors of death and beyond.

no matter what city they’re in, regular drug users will many times become addicts. Without variation, the addicts become a source of peril to themselves and to the earth around them, because they’re no longer in control of their activities, because of their various stages of intoxication. The sheer requisite of the drug turns the user into a thief, prostitute, or even a murderer in order to eke out money for drugs. From there the addict many times lands in the hands of the police, who charge him with drug possession and bring him before a judge.

being caught with a small amount of marijuana or ecstasy can cause somebody to end up with fines up to $1000. Nevertheless, if the defendant, when caught, has in his possession larger quantities of illegal drugs like heroin, cocaine, or ecstasy, he or she is in large disturb. It is then time to seek the services of a tried and tested drug defense and criminal attorney. It is also time to sober up and truth fully recount every detail, because the future depends on it.

the first major issue that will be addressed by your defense attorney will be to ascertain that there has been no violation of your constitutional rights. Next, your lawyer will ascertain that only lawfully accumulated proof is presented. Further critical factors will also be probed in detail. Such things as the exact reason why the officer stopped you, whether the drugs were unearthed accidentally or during a check pertaining to a good deal of other offense, and witnesses to the arrest will all become very essential to your defense.

County felony records are information on felony charges committed by people. All across the US, each state and level of justice keeps a record of the crimes committed under their jurisdiction. Each one of them also has a set of rules governing their criminal information database. Every county in the United States keeps a public record of the crimes committed in their area. Most felony charges do not reach the federal level.

What Is a Felony?

A felony is a type of criminal act considered by the court as grave. These crimes would include rape, burglary, drug offenses, and murder. They can be punishable by imprisonment in federal facility or by death. Felonies are serious crimes; higher fines are imposed if deemed necessary. Minors who have committed a felony are not sent to the state prison; most of the time, they serve their sentence under a youth correctional facility and then get transferred to state prison later on once they reach legal age.

Where to Get County Felony Records

In the U.S., a criminal record is kept for every individual who breaks the law. Proper agencies, such as the police, keep track of these information. These data are available to the public; whoever wishes to conduct a background search can make use of these public records. In comparison to accessing federal records, county felony records are easier to access. There is a turnover of about 72 hours to get feedback on information you requested.

On the other hand, you can search the Internet for sites that provide free people search. If you are looking for crimes committed under the federal courts, most of the files they have are compiled online by an agency called National Crime Information Center (NCIN). The files are all encoded in their database and prepared by the Federal Bureau of Investigation (FBI) and other concerned agencies. Several websites online offer searches specific to criminal records. These sites will help you in finding out pertinent information such as the criminal charge on an individual. Some paid websites can do personal or civil checks and criminal checks at the same time.

These days, background searches are done regularly, even by businesses and organizations. They conduct people search to people who might have questionable backgrounds. County felony records might be confined to your local county but with the power of the Internet, these information have become more and more accessible everywhere.

Thursday, November 19, 2009

If you’re an employer working at a large corporation, then you probably realize how important it is for you to perform criminal background checks on any potential employee’s. Or if you have children and you require a nanny, then you probably know that you’re going to need to perform a background check before you actually hire them.

You most certainly can’t take any risks when it comes to kids. Anyway if you’re interested in performing a criminal check for whatever reason, then you’ve come to the right place, in this article I’m going to show you exactly how you can perform one. I’m leaving no stone unturned.

Well, firstly, before you can do anything… you need some personal information on the person. A full name and address should suffice, but the more information you have the quicker the process will take. Okay, so you have some personal information… now it’s time to go to a popular search engine. And first of all you want to type in their information, something may come up. That’s not a promise. But sometimes you can find criminal records on certain individuals just by performing a search.

If nothing has come up, you need to sign up to a background check website. These websites charge a small fee for unlimited access, but it’s totally worth it. You can type in the information and instantly you’ll be given the information you need. You’ll be provided with the criminal records on that individual, plus more. These background check websites usually provide a lot of information. Don’t be surprised to find marriage records, work history and list of addresses that the individual has stayed in over the years.

If you are arrested for a DUI charge, you do not necessarily need to hire a drunk driving lawyer. You can do all the work by yourself to get you out of this mess. You can also ask for help from your family or friends. But since none of you is that knowledgeable about the DUI laws in your state, a drunk driving lawyer is probably your best bet for salvation.

If convicted for Driving Under the Influence or DUI, your life is definitely going to turn around. The charge will be visible on your personal record for the rest of your life. This might be the factor that can make applying for a loan or getting a job too difficult for you.

If you want to at make things a little easier for you, the services of a DUI lawyer can surely do that. The problem is where you have to look for one.

The world wide web is full of diverse information about anything and everything. Most DUI lawyers of today have created websites for their law firms or practices. You can use a search engine to find the best DUI attorneys in your area. You can also check any online yellow pages. There are many lawyers listed, so be sure that the one you are going to hire specializes in DUI.

A good DUI lawyer can efficiently minimize the penalties that you get for the offense. He or she knows the state laws on drunk driving, so he or she can definitely think of a way to make things a little less complicated.

You can also consult your friends if they can recommend a good drunk driving attorney to assist you with your case. You always have an option to let the court assign a DUI lawyer for you, but that is not strongly recommended.

Most of us have wondered at some point or another how a lawyer would be able to beat a traffic ticket for you. Think about it, you were speeding and you got caught plain and simple. How would they be able to convince the court otherwise? Traffic ticket lawyer methods for doing this are really not all that complicated, but you will definitely want one before attempting to beat any ticket.

The trick in how lawyers do this is in the volume of information they have for beating the ticket. In some cases they might find errors, in others they might make it look like they have enough to beat the ticket and scare the prosecutor from pursuing and in some instances they might just ask for a pass.

A story I have heard many times is of those getting a speeding ticket and the lawyer thinking the best thing to do would be to ask for the charge to be reduced to a non-moving violation. This gives the court something to charge you with while not effecting your insurance.

In some cases people have the speeding ticket on top of a DUI charge. These two violations are usually taken care of during separate court hearings. If you are really lucky the DUI hearing will be over with before you ever appear for the speeding violation.

If this is the case, the lawyer can speak with the prosecutor before the hearing begins and inform them that the DUI has been handled already. Then they can ask what could be done to get the violation reduced for you so that you can move on. Usually the two lawyers will be able to come to some type of agreement on this matter.

This doesn’t happen every single time and in some instances your lawyer might have to threaten going to trial to get anything done. If they have won similar cases in the past it does weight heavily on the courts decision. This is why having a lawyer is critical in these situations if you want to come out on top.

Your lawyer will have the knowledge and experience to spot any problems with the case and form a strategy around that. This is not saying you wouldn’t be able to do it all yourself, but the best results come from having a lawyer, like one from the Traffic Ticket Team, on your side so that every possible option you could take are evaluated proficiently.

Criminal records can provide valuable information on people you interact with on a daily basis. They can help you paint a clearer picture of who the people around you really are and better protect yourself from potential threats to your well being.

For example, wouldn’t it be helpful and time saving to know whether or not the person you are dating has a criminal past or was a previous sex offender? Or if your child’s teacher has past incidences of child molestation or been convicted of abuse? You never know who you are dealing but it pays to know these things before committing yourself or your children to potential dangers.

It used to be a long arduous process trying to obtain a criminal record report on your own. You would have to go to different public records offices for different types of information and often the county the crime was committed. This could be a cumbersome ordeal especially if you are unsure whether or not the person in question has committed a crime let alone where it was committed. This could take weeks to process as well. But now you don’t have to wait and can conveniently access the records you’re looking from your home.

There are main sites on the web now that can offer you criminal records searches for minimal fees. What you should be aware of though is that there are sights that claim they can provide “free” criminal records which is not true. Often these sites entice you into going through their registration process only to provide you with a host of unwanted things. So save yourself time and go with a paid sight.

Also, make sure you do the research on which is the most accurate provider. Some sites don’t offer the most accurate and up to date information so be sure to shop around a little. Some of the more reputable sites are US Search.com, Abika.com, and Intelius.

Tuesday, November 17, 2009

The largest untapped market is made of individuals who are incarcerated, under community supervision or have been in the past. Many times they are in the low income bracket, with difficulty obtaining employment, due to a felony criminal record. Some are struggling with addiction and other issues.

We don’t hear many success stories. If you have ever been under community supervision, your past does not have to define you. There are some things you can do to turn the situation around, but it will take a lot of work. It won’t just come to you. You will have to actively pursue change.

Many offenders are frustrated with the people supervising them. Personality conflicts can cause friction. Try to build a working relationship with the person supervising you. They can be a resource. Communication has to go both ways to be effective. Keep them informed of your situation and ask for help when needed.

Reaching and maintaining sobriety is the first step in rebuilding your life. Obtaining housing and employment is the next step. Having a felony record may prevent you from being considered to housing, employment or student loans (if it was a drug distribution conviction). Seek assistance from programs that aide former offenders with re-entry transition.

If you have not had a faith background in the past, you may want to consider the possibility of trying to attend services. Having the support of a congregation may help when you are feeling discouraged. People are more likely to help when you are active and they see you trying.

The number one person that can change your course is you. The second person who can help is a counselor, pastor or someone whose you advice you value. It may not be wise to seek advice from past friends who are still struggling themselves. A fresh viewpoint from an established person can open your thinking to considering new possibilities.

Rebuilding your life will take time. Starting with a strong foundation will make the future brighter. It will take hard work and determination. It will take support. Journaling is a good way to document your progress. Once you have succeeded in turning your life around, you will have experience to offer another in need of support.

The internet has made things very easy for most people. It has paved the way for enrollments, payments, banking or government document transactions to just be conducted with the aid of the internet – just a click away. The internet has also made possible the availability of documents including public documents which serve people convenience at the time they need to conduct background researches.

The access to free public records for warrants is something you may want to look at before getting into permanent or life-long deals such as marrying a person you met online, hiring employees, making property investments, venturing into retirement investments and the like.

As much as it sounds very easy to do this because the internet makes things appear so easy, there are certain things one must consider as he embarks on the search for free public records for warrants. The internet, if not used smartly for this search, can cause some misleading and confusion. It can cause the one doing research to be daunted on the task and be led to think that he is enduring too much information overload.

It is important to know where an arrest has taken place. Free public records for warrants are usually found in the city, town or Local County in which the person resides. It must be noted however that it could be possible that a person would change addresses throughout his lifetime. He could move from state to state. It is also possible that a person be issued an arrest warrant even when on a vacation or visit in another place apart from his hometown. For these reasons, nationwide search sites would be most helpful as other town-based or city-based sites could be limited.

A large database for free public records for warrants available to you can be intimidating and overwhelming. It is therefore important that you have some details written on your search pad. These can serve as your guides or keywords during your online search. Some of this could be last school attended, last place of employment, state or town of birthplace, birthday, name of parents/spouse/immediate relatives, amongst others.

Your County Office to Your Aid

One the duties your local county does, is to provide you with easily-accessible public records for your own personal information and understanding. Most counties and towns run a website which serves as the portal of every resident to access information regarding their place, the people residing in their place, the businesses existing in their place, and so much more.

Since identity theft is most common, these counties also offer a measure to secure the records. This is in an effort to make sure that the records only reach the hands of those who intend professional and good use of the data acquired.

The Pinellas County public records do just that – secure the identity of their every resident while making available vital records to those who need them minus the hassle. To do such, Pinellas County public records have existing settings to limit the information that the give away – a public records setting accessible to “online guests”, and the subscriber account setting accessible to those who are registered.

Some of the records available to all are those needed for criminal case name search, civil claims case search, traffic violations or citation records, land tax information, tax deed sales and tax deed status information. Since most county offices want to practice transparency to avoid corruption, they also make available to the public information on construction project bids, contracts list, site plan lists, charity organization records, court and fines amount list.

Since the aim of the Pinellas county public records is to provide convenience to its residents, it also lists down extensive information on elections such as voting precinct locations and assignments, recent election information, offices up for election, campaign contributions records and candidate finance reports.

To serve their residents’ convenience further, their records include data on the county neighborhood mapping system, hurricane evacuation maps, road construction projects map and even current traffic advisory information.

The Pinellas County public records do not undermine the importance of even the miscellaneous details the public must be assisted on such as county activity schedules. Therefore they also allow the public to access the county calendar.

For the residents’ information, records on the code of ordinances, air quality index, and statewide official records link information, are also made available as part of their compilation of records.

Was there reasonable cause for your DUI stop?

In order for a police officer to stop a driver he must have probable cause to believe that you have committed a crime (such as driving while intoxicated or driving under the influence of alcohol). If the police officer witnessed you swerving across lanes, running a red light or some other form of reckless driving and he had probable cause to stop you, then he may ask you to take a blood alcohol test (BAC) to determine if you are intoxicated.

Can the state prove you were intoxicated?

In most states, a person driving a vehicle with blood alcohol concentration (BAC) of.08 or above (will vary by state) can be charged with DWI (Driving While Intoxicated). Police officers have many methods at their disposal for proving that you were intoxicated: breathalyzer tests, blood tests, urine tests, field sobriety tests, and eyewitness accounts.

Roadside breathalyzers are notoriously inaccurate and can be proven flawed. Field sobriety tests are another form of “evidence” that is often inaccurate. These tests do not take into account a number of factors including your age, poor balance, any medications you were taking, or your stamina at the time of the test. Eyewitness accounts can also vary from person to person and are often successfully challenged.

Even if your tests showed that you were intoxicated while driving, there are many ways in which the defense can attack the state’s evidence by proving faulty test administration or test equipment.

Can the state show that you were the driver of the car?

If you were standing outside the car or merely sitting in the driver’s seat without the keys, then we can challenge the state’s evidence that you were Operating While Intoxicated (OWI). Perhaps you were just parked in a parking lot to sleep for the night and the police charged you for operating while intoxicated. We will collect all necessary facts and evidence to prove your innocence.

Can your defense lawyer prove the results of your blood or breath test were inaccurate?

If your blood alcohol content (BAC) was collected by a breath or blood test after a DWI/DUI traffic stop, you can challenge the accuracy of the test. There is a growing body of evidence that supports the frequent inaccuracy of these tests. If there was something in your mouth during the time of the breath test, it could be flawed, the testing equipment may be flawed, the sampling method of may not have been performed appropriately, or the person administering the test may not be properly trained. There are many cases where the results of a BAC test were inaccurate and cannot be used in court.

Are the DWI drug charges against you supported by the right scientific evidence and expert analysis?

Driving While Intoxicated charges can be filed against you if you were suspected of driving under the influence of drugs such as narcotics or hallucinogens. If you were pulled over and suspected to be driving while under the influence of drugs, you are not required to supply a breath, blood or urine sample (unless you have a CDL). The results of a chemical test to detect the presence of a drug in your body can only be used as evidence if the test was administered by a drug recognition expert.

Monday, November 16, 2009

Public Police Records For Your Access

In today’s world where crimes abound most anywhere, it is very important that we guard our safety.

It may be unusual but it is very practical that people actually block out their paranoia and instead replace it with a concrete move – check the free public police records of people one feels some level of suspicion to.

One of the most common unfortunate incidents people get into is when they get victimized by fraudulent transactions or if they have been lured by scams and illegal transactions. Usually, people get into these transactions in full confidence on the people they are doing the transaction with. This person who does the victim wrong is most probably very eloquent, respectable-looking, very trustworthy-looking and he may have left a very good impression on the victim. He may have displayed extensive and convincing knowledge regarding what he is trying to get the poor one into. He may also have shown him genuine concern on his personal affairs and has presented to him sincerest intentions.

If you are under any suspicion toward a person, without prying or investigating him in a way that would offend, especially, if he indeed is doing an honest transaction, there is a way to assure yourself that you are dealing with a person you should trust. In most cases, people who victimize other people have already incurred a bad police record sometime in his life. It is usually a pattern. One bad habit after the next. Hence it may just be safe and a wise thing to do to research on the person’s background to check his history and past affairs. It is but sound to see if he has been convicted of crimes, even petty ones, even those not directly related to the nature of your transaction. These records show his personality. These records show his personal discipline and a glimpse of the kind of person that he is.

While hiring a detective is the surest way to do this, another way you can personally undertake is check the free public police records. They are easy, convenient and low-cost. You can conduct helpful background checks and know another person’s criminal records or police records. Sometimes even DUI or driving records.

Free public police records are your best weapon to safety. It may just be one step you should consider before giving away the trust that must be earned.

Possible DUI Defense Strategies

There is probably nothing more irksome of all the possible traffic violations than that of DUI or driving under the influence; in some states, it is also called DWI or driving while impaired or driving while intoxicated. In other states, this offense is referred to as operating a motor vehicle while intoxicated or OWI or OMVI. In plain terms, this refers to being caught driving while the alcohol levels in their system is over the legal limit. Once charged, one then needs to be able to come up with a DUI defense for them to be able to get out of the problem efficiently with the help of a qualified lawyer.

And though for most cases of offenders, their defense is constantly to deny the charges and appeal to a whole bunch of stipulations. What most individuals fail to be conscious of is that the best DUI defense can in some cases be the flaw of the arresting officer. Though it may be rather thoughtless for some to pin the blame on the authorities and that it rarely happens, being able to identify flaws or neglect on the part of the traffic enforcers. This is not entirely the best defense one can have as it rarely occurs, then again, should this happen, it becomes a rather large advantage to both the individual and their lawyer.

Such cases wherein the officer would fail to read the individual the Miranda rights. Should one not be able to be read their rights will immediately obtain a waiver to these rights and anything they say in any questioning thereafter would most likely not be recognized and rejected by the court. There are also some cases wherein an officer may exhibit poor judgment in imposing the DUI violation, these would as well be among the best possible DUI defense an individual can have. There are such cases wherein an individual has indeed commit a traffic offense but is not intoxicated in any way has been apprehended and charged with a DUI. This is clearly misjudgment on the part of the arresting officer and will give an individual the advantage of a more reasonable trial if not dismissal of the case. When an officer also mistakes other symptoms of intoxication on any individual without probable cause, it is not proper grounds to charge an individual with a DUI. One must remember that what an intoxicated person exhibits may also be demonstrated by someone who is sober and may just not be feeling well.

Sunday, November 15, 2009

DUI Tips

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Are you worried someone you or your family comes into contact regularly has a criminal record?

In the world we are living today, criminal activity and questionable people are certainly an important factor to consider. We are still far away from a perfect world, that’s for sure, and you can never be too careful when it comes to you or your loved ones’ safety.

There are many reasons one might be considering doing a criminal records check on someone, but for the sake of this article, I’ll just give a few:

- You want to hire a babysitter for your children because you and your spouse have jobs and you haven’t got someone else you can leave your little ones with. A lot of people chose this route, it’s a normal one, but that doesn’t mean you can just hire anyone. You don’t need someone with a criminal record, or even a possible sex offender taking care of your kids.

- You’ve just moved into a new neighborhood and you obviously don’t know the people that are now living in your vicinity. Neighborhood criminal activity is still high in the United States, so a criminal check is always advised.

These are two reasons, but there are many more. Whatever the case though, you need to get your hands on this information to know for sure that your family is safe, that those people are trustworthy.

You can now easily do a criminal records check with the help of a reliable public records service that provides all of the information from a carefully designed and maintained database. While there are many such services available on the internet, you should take note that not all of them are updated on a daily basis – as they should – and some of them charge way too much money to do a single check – and it’s just not worth it.

Are you in the need for details regarding a certain someone?

Details that perhaps include their address, telephone number, criminal and court records, marriage or divorce records and more.

There are many cases why you may need this type of information, and here are just a few:

- Your teenage daughter has a new boyfriend and you need to know that he’s a trustworthy person. Teenagers can be naive in thinking that they know what is best for them, and you as their parents should always be on the lookout for people that might harm them. A criminal check on her boyfriend could uncover important information, vital to her well being.

- Perhaps you are considering creating a small business or thinking about joining forces with a new partner for your existing one. There are many scam artists in the world today and you need to know for sure that your money and your business are safe – you need a reliable business partner, not a crook.

- You simply need someone’s address or telephone number and you only have their name. You need this information fast as you have an important message to deliver or an important announcement or invitation to make.

If you relate to one of the cases it’s important to know how and where to look for this information as this is crucial too. You need to use a reliable public records service that delivers this kind of information from a carefully maintained database.

While there are many similar services on the internet, beware, as some are outdated and others simply provide false information. Don’t waste your time and money on them, they’re not worth it. You don’t need false information as it could be critical to your loved ones’ or business’ well being.

After a thorough screening process I have eliminated the useless services and can now recommend the best one. It is fast, highly affordable and updated on a daily basis, thus always providing authentic information.

You can practically receive all the needed information, 30 seconds from now – it’s that fast, and it’s 100% safe and private.

Malum in Se and Malum Prohibitum Crimes

Traditionally speaking, there are two broad categories that are used to classify all of the crimes that exist in society today. These two sets of crimes have nothing to do with federal or state jurisdiction but are rather umbrella terms that can be applied across all states and even globally to describe the actions that have been prohibited or criminalized by the various legislatures and law-making bodies.

In the English common law system which forms the basis of the United States’ legal traditions and histories and has played a role in a number of other countries’ legal systems as well. The common law tradition created a number of crimes over its history, dating from about the time of the Norman Conquest in 1066. These common law crimes have become the foundation of what we now view as offenses that are “malum in se.”

Malum in se crimes or actions are actions that are wrong in and of themselves. There is no way that a crime that is malum in se can possibly be viewed as being a good thing or a positive action. They are always wrong. Crimes in the categories were the original felony offenses. Offenses in this category include murder in all of its forms, robbery, arson, and a couple of other crimes. It is somewhat impossible to think that murdering a person could be a good thing or not wrong and so murder is bad in and of itself and so is malum in se.

Malum prohibitum crimes are far more common than malum in se ones. These crimes are wrong because they have been prohibited by a legislature or other law-making authority. These crimes vary from jurisdiction to jurisdiction and can be defined in a wide variety of areas. This type of prohibited action can be either a felony or a misdemeanor depending on the whims of the legislature or other body.

While the malum in se crimes are morally wrong, malum prohibitum crimes are not wrong on their own but are wrong because someone said so. For example, driving at 90 miles per hour is not a bad thing on its own. It is only bad because the legislatures of the states and cities have decreed that there will be a speed limit and those that exceed the speed limit are breaking a law. The same goes for open container rules regarding public streets.

Overall, the number of malum prohibitum crimes far exceeds the malum in se offenses but both are given the full attention of the courts.

Saturday, November 14, 2009

Free Personal Criminal Background Check

With the help of advance computerization now it is very simple process to solve almost any complicated problems.Many of us may have some criminal background and they are hiding their background details by the use of power. There are many free personal background check websites are available in the internet. Background and criminal checks are no longer only for a professional and for political. One may need background and criminal checks to judge their new babysitter, gate keeper, life partner, tenant etc.

Personal criminal checks comes up with accurate details about whether the individual has any criminal record or not.

There are two types of criminal background checks available over the internet namely free and paid checks. The former one offer more detailed information and it also includes some private investigators websites. Absolutely free personal criminal background check can be available on the state government websites. Unfortunately, only few state governments will provide criminals background details online for the public. Another good way of getting a check is by contacting the sheriff’s office or the courthouse pertaining to the individual in question and this is personal check.

However, free criminal background checks are not suggested when it comes to decisions pertaining to safety and faith. Free personal criminal background checks come in handy to find out basic details about an individual regarding his birth and marriage records, sexual offender records, and so other crime records. Absolutely free personal criminal background check also tells the details of addresses pertaining to the individual and these services are usually free.

Paid background checks provide more comprehensive details of a person. Free checks search the fundamental records. Free personal criminal background checks information about people only in the personal domain and no question of checking the information in public domain. Administrative service which offers these services may be violating federal laws and privacy of an individual. Many benefits of absolutely free personal checks which include certainty, no time waste, economical, and also these services can be accessed by any individual.

If you are checking address histories, the best place to check in sites like Westlaw, Lexis Nexis, AutoTrackXP, and Choice Point Online. For absolute information, try AutoTrackXP because they provide the recent information. Basic and instant checks are the two basic frequently available searching facilities former one is Free and the later one will demand charges. Information about many noticed criminals from all around the world is available on the website called by criminal searches.com. Abika.com website is also providing absolutely free personal criminal checks facility where you can find out number of sex offenders and also reveals the free employment history. To access all the criminal data you should aware of certain laws and all restrictions of using these public records

If you are ever pulled over by police and they suspect that you are DUI, then the officer will normally first want to know how much you’ve drunk. Many people believe that it’s best to do whatever the officer says and helps him as much as possible. However you really shouldn’t speak to the officer without first speaking to your attorney. You shouldn’t be awkward and you must provide your identification and insurance proof when you are pulled over, however you do not have to say anything else. This is the case even when they have formally arrested you. During a DUI arrest you shouldn’t say anything other than to request your DUI attorney. You don’t need to say anything further until your lawyer turns up.

If you want to talk to the officer then that’s fine, however make sure that you are calm and not irate. It’s really not a good idea to get into an argument with an officer. Police officers are trained to study body language and your behavior, even though they aren’t always asking questions they might notice something strange. Innocent people often want to prove their case and claim their innocence; however arguing with a police officer is never a good way to go about this. Lots of people damage their cases by talking to police. If you do answer questions make sure you do so truthfully and honestly as this will protect your credibility.

Make sure you are very careful and don’t tell the police anything about your recent drinking activities, even if they ask directly. It’s important not to do this even if you think it proves your innocence. Never tell the police that you’ve just had a couple of beers because this may be used as a reason to arrest you. Your DUI attorney should have an easier job fighting your case if you don’t say anything rather than risking saying the wrong thing. Exercise your right to stay silent and let your lawyer do all the hard work.

The police can be quite crafty and may attempt to use small talk to break the ice, make sure you don’t engage in conversation. Even answering these seemingly innocent questions now can damage your case. The police officer will be interested not only in your answers, but also how you answer them. If you are slurring or appear to be drunk then this can be used as evidence.

Any information that you give up can and will be used to build a case against you, even information that you think may be helpful can in fact damage your case. This is why it’s very important that you exercise your right to silence and let your DUI lawyer do the hard work for you. Nothing you say to a police officer will be ‘off the record’ and some of it could come back to haunt you in the courtroom. Any of your statements could damage your case and make it very difficult for a DUI lawyer to fight your case. Most of the questions which are asked by the police are voluntary and you can stay silent without incriminating yourself.

Nobody ever wants to be accused of a crime, but this is a major problem which can affect pretty much anyone. Quite often people who are accused of a crime are desperate for some help but don’t know who they can talk to. It’s important that you get yourself a criminal defense attorney; many people assume that they are all the same. However there are actually many benefits if you spend time choosing the right one.

There are lots of great reasons why it’s important to find the right representation. First your lawyer will have to decide how to defend you. If there is no alternative then it might be best to make a deal with your prosecutor. If you feel you are innocent then you might want to fight it out in court. You will only be able to decide what you should do if you get quality legal representation so you can get an idea of your chances.

A good criminal defense lawyer can also make things happen much faster. Trials can find themselves getting delayed for all sorts of different reasons. This can create no end of problems including higher fees, lost earnings and inconvenience. If you can choose the right lawyer then you will be able to speed up legal proceedings.

Legal representation can help your case and give you the information that you need. As with everything in life you have a much better chance of succeeding if you have more knowledge about the subject – in this case, the law. The law is very complicated and understanding it can be a challenge, that’s why hiring professional legal representation is so important. criminal defense attorneys gain experience for the longer they work, and this means that they are less likely to make silly mistakes like some people. Professional representation will steer your case in the right direction and prevent any mistakes which could damage your case.

You must ensure that you choose a criminal defense attorney which will be able to assist with your legal proceedings and help you to understand them when the need arises. You should choose a lawyer which will have plenty of time to keep you informed, you can’t just choose an attorney which accepts every single case.

Choosing a lawyer which offers their clients a brilliant service which puts your needs first then you will be able to get all of the help that you need. Whenever you have questions which refer to your case you will then be able to get the advice. They will have plenty of time to discuss every detail with you. Not knowing what will actually happen to you is one of the worst things which can happen; the right legal representation will get rid of some of this anxiety because they can keep you fully informed.

criminal defense lawyers understand all of your options and will be explain them in a way that you understand. They will also speed up the entire process so that you don’t have as much time to wait. It’s important to spend time carefully choosing the right lawyer for your needs and ensuring that you choose one which will help with your understanding of your case.

If prostitution is illegal, why is porn legal? If I pay a woman to have sex with me, I get arrested, but if I pay her to have sex with me while I record it, it’s perfectly legal? What? (Note: That statement is exaggerated and there was actually a “film studio” that did this sort of thing that got busted for it, but you get the GENERAL idea). Needless to say, this question piqued my interest and so I tried to do a little research on the field. As a reference, my major reading source is this article on CNN Porn vs Prostitution which did a great job of anticipating my questions and attempting to answer them as it went.

First, define the terms! Pornography:Pornography involves the customer of an adult film paying money to watch other people have sex with each other, while receiving no sexual favors himself in return. Prostitution: Prostitution is generally understood as the bilateral trading of sex for money. However, these simple definitions will prove to have some significant flaws which we will encounter as we progress.

First, looking in the state of New York, a prostitute is defined as someone “who engages or agrees or offers to engage in sexual conduct with another person in return for a fee.” Now I don’t know if anyone sees anything wrong with this, but… isn’t a porn star paid to engage in sexual conduct with another person in return for a fee?

Using this rational, aren’t porn actors just prostitutes on film? So looking at it in that light, it should be really easy to convict porn actors because they’ve compiled all of the necessary evidence to convict them on prostitution charges.

This leads to the next part of the answer. Who is paying whom? In prostitution, Person A pays Person B to have sex with A. In pornography, Person A pays Person B to have sex with Person C. If you’re like me, you’re probably saying right now “wait a minute! So I can just have my friends pay for my prostitutes and then I’m set? Success!” Wrong.

The CNN article seems to sort of tackle this part of the question but what seems to be the rational here is that both parties involved in the sexual act have to be in it for the money. With a pornographic film, both sexual partners are being paid to perform in front of the camera. The “customer” is the viewership who gets the pleasure from watching these participants have sex. Because of this, pornography is protected because the actors involved are being paid for their performance, and so, they’re protected for their freedom of speech.

Prostitution doesn’t have this fortune. In that case, the act is now being performed for one of the participants, who is receiving direct pleasure from the act.

This brings up a few questions for me though.

Say uncle Bob takes his nephew Jimmy to a prostitute Chastity, and pays Chastity to have sex with Jimmy. However, he pays Jimmy for the act too and then Bob tapes it. Now Jimmy is enjoying the act AND being paid for it, and uncle Bob is recording it, so is it now pornography or is it still prostitution? Furthermore, I found a case described as follows:

“In Arizona there is a bad case that does not involve making porn but private booth dancers, behind glass who fondled each other – who were convicted of prostitution along with owner convicted of felonies for pandering etc. Here the Appeals court upheld the conviction. No contact occurred between dancer and customer.

The AZ case discusses the Freeman Case from California but found “A defendant’s engaging in the fondling of another woman’s breasts under a fee arrangement whereby undercover police detectives paid to watch the defendant and the other woman constituted “prostitution.”"

In this case, the person paying is no longer part of the sexual act and is instead, simply getting a “live showing” of the porn he would have otherwise watched. Yet in this case, it’s illegal?

Basically, it sounds like there’s no black and white between porn and prostitution, and it’s especially challenging to come to a standard view since it likely varies from state to state. Just thought it was interesting stuff! What do you guys think?

Hire an experienced Florida DUI Lawyer or a competent drunk driving defense attorney who is experienced in the Florida DUI laws.

Understanding the Florida DUI laws and courtroom proceedings that accompany it can be a major challenge. Hiring a qualified Florida DUI attorney whose legal practice concentrates on drunk driving cases can make a difference in the outcome of your drunk driving charge.

Florida DUI Education – First-time Offenders

Florida DUI Information:

Driving with an illegal alcohol level (DUBAL) (.08) results in an immediate License Suspension.

According to Florida DUI statutes, your license will be suspended as of the arrest date for 6 months for the first offense and one year for any other offense of DUBAL. You will be given a 10-day permit on the date of the arrest. Once the permit has expired, then 30 days of the suspension must be served before the driver is eligible to apply for a hardship license.

Eligibility for a Hardship License in the state of Florida

You will be eligible for a hardship license on the first and any consecutive suspension, unless you have been convicted of a DUI in Florida two or more times. Under the Florida DUI law, you must provide proof of enrollment in a driving under the influence school to the Administrative Reviews Office in order to be considered for a hardship license.

If given approval to reinstate early for hardship, you must present this approval to the driver’s license office. At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $35 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required.

Conditions for DUI Test Refusals

If you refuse to submit either to a breath or urine test, Florida DUI statutes require that your license be suspended as of the arrest date for a minimum of one year for the first offense and 18 months for any consecutive offenses. You will be given a 10-day permit on the date of arrest and when the permit expires, you must serve 90 days of the suspension before the driver is eligible to apply for a hardship license on the first suspension. No hardship license is permitted if you have refused to submit two or more times. You must provide proof of enrollment in a DUI school to the Administrative Reviews Office for consideration for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, pay a $115 administrative fee, a $35 reinstatement fee and any license fees required. Under Florida DUI law, proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required.

Penalties for a DUI in Florida

First DUI – 180 day to 1 year revocation effective on conviction date.

Before the expiration of the revocation period, you may apply for a hardship license in the county where you live. DUI School completion and treatment, if referred, is required. You then can apply for a hardship license in any Administrative Reviews Office.

If you wait to reinstate your license until your revocation period ends, proof of enrollment or completion of DUI School and treatment, if referred, is required.

At the time of reinstatement, whether for a hardship license or a full license, you must take the required examination, and pay $115 administrative fee and $60 reinstatement fee and any license fee required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required.

A second DUI conviction in more than 5 years will result in a 180 day to 1 year revocation. You cannot reinstate early for hardship. The full revocation period must be served before you may request a driver license reinstatement. The second DUI conviction within a five-year period will result in a five-year revocation. You may apply for a hardship license at the Administrative Reviews Office after serving one year from the effective date of revocation. DUI School, and treatment, if referred, must be completed and you must have a favorable recommendation from the Special Supervision Services Program to be eligible for a hardship license. If given approval to reinstate early for hardship, you must present this approval to the driver license office. You must remain in the Special Supervision Services Program for the duration of the revocation period to retain your hardship license. If you wait to reinstate until after your revocation period ends, proof of enrollment or completion of DUI School, and treatment, if referred, is required.

At the time of reinstatement, whether for a hardship license or a full license, you are required to take the specified examination, pay a $115 administrative fee, a $60 reinstatement fee and any additional license fees required. Proof of liability insurance on the arrest date will be required or proof of liability coverage and a $15 reinstatement fee will be required.

Installation of an Ignition Interlock Device

Florida DUI statues require an ignition interlock device to be installed on the vehicles of certain persons convicted of DUI in Florida. The ignition interlock program affects those arrested and convicted of DUI after July 1, 2002. This is applicable upon eligibility of reinstatement for a permanent or restricted driver’s license. The ignition interlock device is also required when a driver convicted of DUI in Florida applies for a restricted license for work or business purposes. Two ignition interlock vendors were selected by the State of Florida.

If the person is otherwise eligible, a driver’s license will be issued with a restriction indicating that the interlock device is required. The required time period for interlock officially begins on the day the “P” interlock restriction is issued.

Costs to the Defendant

The cost (plus tax) to the convicted person for an ignition interlock device is:

• $70 for installation 
• $67.50 for monthly monitoring and calibration 
• $100 refundable deposit 
• Or a $5 monthly insurance charge will be assessed. Driving Under the Influence Of Drugs in the State of Florida

DUI (Driving Under the Influence of alcoholic beverages, chemical substances or controlled substances). s. 316.193, F.S.

Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of.08 or above. The penalties upon conviction are the same according to Florida DUI laws, regardless of the manner in which the offense is proven.

Fine Schedule For A DUI In Florida

First Conviction for a DUI in Florida:

• Not less than $250, or more than $500. 
• With Blood/Breath Alcohol Level (BAL) of.20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.

Second Conviction for a DUI in Florida:

• Not less than $500, or more than $1,000. 
• With BAL of.20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000. 
Community Service First Conviction: 
• Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.

Florida DUI Probation and First conviction

Total period of probation and incarceration may not exceed 1 year.

Imprisonment:

At the court’s discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward the term of imprisonment.

First Conviction:

Not more than 6 months. 
With BAL of.20 or higher or minor in the vehicle: Not more than 9 months.

Second Conviction:

Not more than 9 months. 
With BAL of.20 or higher or minor in the vehicle: Not more than 12 months.

If the second conviction happens within 5 years, mandatory imprisonment of at least 10 days will follow. At least 48 hours of confinement must be consecutive.

Impoundment or Immobilization

Unless the family of the defendant has no other transportation

• First conviction = 10 days 
• Second conviction within 5 years = 30 days 
• Third conviction within 10 years = 90 days

Impoundment or immobilization must not occur concurrently with incarceration.

The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

Conditions for Release of Persons Arrested for DUI in Florida

• The person is no longer under the influence
• The person’s normal faculties are no longer impaired 
• The person’s blood/breath alcohol level is lower than 0.05; or 
• Eight hours have elapsed from the time the person was arrested.

Misdemeanor Conviction of DUI in Florida

Accident Involving Property Damage or Personal Injury:

Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment).

Florida DUI Felony Conviction

Repeat Offenders or Accidents Involving Serious Bodily Injury:

Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment). Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment) or if habitual/violent felony offender.

Driver’s License Revocation Periods for DUI in Florida

At the end of the First Conviction: Minimum 180 days revocation, maximum 1 year.

Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as “A” above.

Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as “A” above. one conviction more than 10 years prior and one within 5 years, same as “B” above.

Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.

Commercial Motor Vehicles (CMV) Alcohol-Related Convictions or Disqualifications

Persons convicted of driving a commercial motor vehicle with a blood alcohol level of.04 or above or refusing to submit to a test to determine the alcohol concentration while driving a commercial motor vehicle, driving a commercial motor vehicle while under the influence of alcohol or controlled substance, or driving a commercial motor vehicle while in possession of a controlled substance shall be disqualified from operating a commercial motor vehicle for a period of 1 year. Second or subsequent conviction of any of the above offenses arising out of separate incidents will result in a permanent disqualification from operating a commercial motor vehicle. There are no provisions for persons disqualified from operating a commercial motor vehicle to obtain a hardship (business or employment) license to operate a commercial motor vehicle.

DUI School Requirements in Florida

First Conviction:

Must complete the mandated tenure the DUI school before the hardship reinstatement could take place. Individuals who wait out the revocation period before reinstatement need only show proof of enrollment or completion to become re-licensed.

If an individual enrolls and is reinstated after the revocation period expires, failure to complete the DUI school within 90 days after reinstatement will result in license cancellation. The driver cannot then be re-licensed until the DUI school tenure is completed.

Second Conviction in 5 Years (5-Year Revocation) or Third Conviction in 10 Years (10-Year Revocation): 
Customers must complete their DUI school tenure following a conviction.

Friday, November 13, 2009

There are a number of crimes or offenses that can be committed and charged as either a misdemeanor or a felony. Driving under the influence and its contemporaries are one of those crimes. The offense can be a misdemeanor or a felony based on the number of times a person has been charged and convicted with the offense.

In the majority of states, at least the first two driving under the influence charges and convictions are considered misdemeanor offenses. After the first two or sometimes three charges and convictions, a person graduates to felony DUI or DWI. It is also possible to “upgrade” to felony if there are other factors besides just having been drinking and driving. Some situations that can upgrade a misdemeanor drunken driving charge to a felony include being in an accident and killing or injuring another person while driving drunk.

The penalties for each type of driving under the influence are drastically different as well. For a misdemeanor in general, a person is generally not going to be expected to serve more than a year in prison. Once a crime hits the incarceration for a year or more limit, the crime becomes a felony. Those who have been charged with a felony drunk driving offense face much harsher punishments, both in terms of monetary punishments and incarceration or prison time.

When upgrading a drunken driving charge from a misdemeanor to a felony based on the number of previous convictions, there are frequently time limits on the period in question. It is not a question of the number of convictions in an entire life so much as the number of convictions within an X year period. So if a person has a conviction for driving under the influence at 22 and then another one at 38 or so, it is likely that the individual will not have his or her first conviction counted against him or her during sentencing or charges for the new arrest.

One mark of a skilled drunken driving lawyer is the ability to plead down the charges from felony to misdemeanor in negotiations with the district attorney or assistant district attorney. These negotiations may take place up until the judgement has been announced by the jury. In the event that a plea bargain is reached, this will be reached after the attorney for the accused has counseled him or her as to the benefits of the plea bargain and the risks of going to trial.

posted in Criminal Law

Conducting an Effective Voir Dire

Voir dire is the one and only opportunity that you will have to communicate directly with the jury. You should use your time wisely. The jurors will have plenty of time during the trial to listen to you; use your time during voir dire to listen to them.

You should treat your time with the jury panel as an intelligence gathering session instead of a lecture session. In the name of judicial economy, courts have shortened the amount of time available to the point that it is almost impossible to do an adequate job.

For a judge in a DWI case, twenty minutes may seem to be way too much time to let the lawyers talk to the panelists. But for the defense attorney and the citizen accused it is nowhere near enough time to gather the information necessary to make intelligent decisions about how to exercise strikes.

All too often I see attorneys (on both sides) waste precious time building their cases and lecturing to jurors about the purpose of voir dire, the law and the burden of proof, instead of asking the panelists about their personal experiences, feelings and beliefs.

By now we should all be familiar with the “80/20 rule.” The “80/20 rule” states that in any activity, 80 percent of the output is produced by 20 percent of the input. The rule can be applied to almost any situation. In an organization, 80 percent of the work is performed by 20 percent of the people. In time management, 80 percent of your time is invested in 20 percent of your activities. In management, 80 percent of the problems are caused by 20 percent of the people.

This same rule can be applied to voir dire. If you pay attention to a jury panel you will see that about 20 percent of the jurors answer about 80 percent of the questions. To combat this you need to make certain that every panelist has the opportunity to speak. Never allow a panelist to make it through voir dire without answering any questions.

You should spend at least 80 percent of your time listening to the jurors and no more than 20 percent speaking. You know how you feel about your case; spend your time finding out how your prospective jurors feel about the issues.

One way to get everyone on the panel to participate is through the use of scaled questions. A scaled question is either a question or a statement you pose to the panel while asking them to give you a number within some range, 0 to 10, for instance. With a scaled question you get more than a yes-no answer. If you ask enough scaled questions during voir dire you can accumulate a lot of information in a relatively short period of time. In a twenty-minute voir dire, I try to pose three or four scaled questions to the panel. That way I know I’ve heard from everyone at least three to four times.

Scaled questions also give you an excellent tool for making your juror strikes. When you draft your scaled questions, write them in such a way that all favorable answers are either low or high. That way you can check at a glance to see whether or not that person might be a favorable juror.

Avoid yes-no or true-false questions at all costs during voir dire. You should always ask open-ended questions. If you ask a yes-no question, always follow it up by asking the juror why they feel the way they do. If the juror gives you an answer that you like you can always ask the next juror in line whether or not they feel the same way and why. If you get an answer you don’t like, be sure to thank the juror for their honesty and candor. You may not have liked what you heard, but at least you have identified an unfriendly juror.

When posing questions to the jury, try to personalize the questions. Don’t ask the panel an abstract question – put the juror, or a family member or friend, in the situation. If you want to personalize your client to the jury, you have to personalize your questions and hypotheticals.

You need to take control of the panel. Don’t allow a couple of jurors to dominate your time. When asking questions, pick the jurors whom you want to answer. I like to keep it simple and just go up and down the rows, that way I know I’ve spoken to every juror. If one or two jurors try to dominate, just let them know that you appreciate their participation but that you need to speak with everyone.

Don’t be afraid that your “ideal” juror is going to expose himself to the other side by answering questions. Chances are that if you’ve identified someone as an ideal juror for your side, the other side has done the same thing. If you find such a juror, use them to educate the rest of the panel on your issues. You will find that jurors are much more likely to be persuaded by a fellow juror than by you.

Finally, try to keep jargon, technical talk and “legalese” to a minimum. You want to have a conversation with the panel. Using terms of art during voir dire will only serve to drive a wedge between you and the jurors.

Your ability to listen and gather information during voir dire can be the difference between a one- and two-word verdict. More importantly, it can have a life-changing effect on your client.

posted in Criminal Law

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