Criminal Law Review

Nowhere is the trend against civil liberties and criminal constitutional protections more prevalent than in DUI laws. Drunk driving has become such an unpopular, and even scorned, offense that many states make it necessary to essentially prove a person’s innocence in order to gain an acquittal. Contrast this the the rest of the criminal justice system, in which the burden of proof is still on the prosecution, which must prove the offense beyond a reasonable doubt.

The above mentioned burden of proof is still nominally on the government in all fifty states, but the structure of the law makes this burden an illusion. As an example, many states allow the prosecutor to tell the jury that the defendant was advised of his right to have an independent chemical test. In essence, the jury hears that the defendant had a chance and a right to prove his innocence. If the defense does not then go forward and produce this proof, the jury will typically hold the failure to prove innocence against a defendant and find him guilty.

In DUI cases, science that would not be deemed reliable for a medical procedure (i.e., breath testing) is used to convict people. Although most states still give the defense the right and means to challenge the test, some states such as Arizona often limit how much the defense can present to the jury regarding the foibles of the machine.

It seems that every year, more and more jurors come into DUI cases with the attitude that if a person is charged with the crime of DWI, then they must be guilty. This is a very high bar to overcome, especially because nobody likes a drunk driver. Even people who are charged with DUI generally agree that drinking to excess and then driving is a dangerous and foolish thing to do.

On the front line of DUI cases throughout America, there are dedicated attorneys who spend their entire careers perfecting and distilling the art of defending the drinking driver. Unfortunately, there are also attorneys who couldn’t litigate their way out of a paper bag, who never take cases to trial and who always plead their clients guilty at the first opportunity. This second category of DUI attorneys contributes to the generally unfavorable reputation that all DUI lawyers seem to get.

The only real weapon that a person charged with DUI has against the system and against predatory DUI attorneys is education. The more educated a person facing a DUI charge can make herself about the subject, the better chance she has of coming through the system with the best possible result. This process of education needs to happen prior to hiring a DUI law firm to defend the case, because knowing the law and a bit about the process is the only way to tell the sincere and able lawyer from the used car salesperson lawyer type who gives all attorneys a bad name. There are many good places to get such information on the internet.

There are also several good books out there. When looking for books, it is best to get books that are written for attorneys rather than for the public. Take time to digest the language in the book prior to meeting with a lawyer. It may be a good idea to bring the book along with you to the lawyers office and ask them questions from the book. This will accomplish two very important things. First, it will show that lawyer that you are going to be a knowledgeable client that they are not going to be able to fool or take advantage of. Second, it will give you a good idea whether the DUI lawyer you are speaking with is actually an involved, caring and knowledgeable attorney or just a pretender.

For people charged with drunken driving, it often seems that the walls are closing in around them. The best thing to do is push back. Don’t be passive. Take control of your destiny. Knowledge is certainly power when it comes to the law.

What is Rohypnol?

Rohypnol, or Flunitrazepam, was originally used to treat patients suffering from insomnia, however the FDA has not approved the drug for medical use, making it illegal in this country. Known as the “date rape drug” or as a “roofie” in slang, Rohypnol is most commonly associated with sex crimes such as sexual assault or rape.

Still legal in Mexico and Europe, small doses of Rohypnol are used effectively to treat insomnia and other sleep-related conditions. While the drug has been illegal in the U.S. since 1999, it is commonly smuggled into the country through various means of transportation.

Rohypnol can be taken orally and the effects begin to show 15-20 minutes after it has been ingested, lasting anywhere from 4-6 hours. Rohypnol hangovers can often persist throughout the next day if the drug was administered at night.

This drug is colorless, tasteless, odorless, and can be added to someone’s food or drink without them ever knowing. While the drug is often associated with sex crimes, such as rape, this is not always accurate. In some cases, people have been known to take Rohypnol willingly.

Effects of Rohypnol

Rohypnol is an incredibly potent drug that acts as a powerful sedative, muscle relaxant, and hypnotic. The drug also has the ability to reduce anxiety.

In some cases, mixing Rohypnol and alcohol can prove deadly. Due to the potency of the drug, it may cause some users to become comatose or even die if their body is unable to properly metabolize the drug.

Drug Charges

Charges for Rohypnol could fall under any of the following topics:

• Drug possession
• Drug distribution or trafficking
• Drug Manufacturing

Simple possession of the “date rape drug” could result in up to 3 years in prison and a large fine. Distribution and use of the drug to cause harm to other people is punishable by up to 20 years in prison and large fines. Not only is possession a federal crime, but a crime at the state level as well.

A Lawyer Can Help

If you have been charged a Rohypnol related drug crime, it is in your best interest to hire an experienced attorney to protect your rights. When searching for an attorney, hire one that is dedicated to ensuring that you receive the fair trial that you deserve and work diligently to organize an aggressive defense on your behalf.

In this world where people flood the street everyday, it’s hard to distinguish which are ill-tempered from the good ones. To make the company works, every employee should possess clean background to prevent further problems from complicating. Like for example, you wouldn’t want to have an employee that is faced with rape charges and it’s too late when someone from his colleague presented a complaint against the person before you realize you’ve hired a complete nonsense. Employees are indeed important in a company since they are the one provided with different functions as to make the company keep on going smoothly. In view of this, criminal record check for every employee is a must.

Because of its importance, there are even US states that would give criminal background check for free and they would necessitate every employer to do this before even hiring someone. Among those states is Florida wherein they would require someone who is applying for caretaker of children and elders to have a check. This is in view of the fact that the life of their patient lays on their hand.

Moreover, businesses no matter if it’s small or big is indeed very vital specially these days because this will give the company defense and a sense of security. In fact, it is now a basic part of the management strategy of most businesses. Back then, submitting a person on a criminal record check would mean entailing large amount of cash but because of the modernization of technology these days, anyone can submit themselves to the procedure merely by shelling out a small amount of cash. In fact, there are about 29 States US alone that possess database that tenders criminal background check information therefore making the procedure a whole lot cheaper than before.

Everything is different now. Back then, having yourself checked would ask you to go to the offices of those institutions that will perform the process but because of the birth of internet, you can now submit yourself to the procedure even right at your own homes. You get the same result but with less hassle! Just open your computer with an internet and browse the website of such institution. No mess and the transactions are fast!

Now, it will surely give you a sense of security knowing that the entire person who you are working with are good-mannered and possess no trace of criminal offenses. However, with an increase of payment for criminal record check it is a must for every company to choose the one that will offer the cheapest price without sacrificing the veracity of their files. There are a lot out their try to shop for information and reviews by browsing the web.

The short answer is maybe. Let’s say you have been arrested for D.U.I. The State has filed the formal D.U.I. charge in a document called an “information”. After reviewing the videotape several times and reading through the reports I file a number of motions.

Among the motions which I might file would be a motion to suppress physical evidence and statements. In the motion I would seek to suppress the stop, the field sobriety exercises, the refusal (hopefully) to give a sample of breath, any and all statements made by you and the D.U.I. tape(s), The basis for this motion can vary from alleging the officer did not have reasonable suspicion to stop you to begin with to the officer not having reasonable suspicion to request you to perform roadsides to the officer not having probable cause to arrest you to the officer……. well you get the picture! There would of course be a hearing on the motions.

At the hearing the judge would hear the evidence presented by the state through their witnesses, usually one cop, but sometimes more. The defense (me) would of course artfully cross-examine the witnesses. After the evidence is presented the defense would make argument to the court, hopefully citing relevant case law. The State would then do the same and almost always will refer to testimony that wasn’t even presented at the hearing. The court would then rule. If the motion to suppress as I have outlined it above is granted then the state’s case is gutted. This means the state cannot use the evidence at trial. The state will either nolle prosse (drop charges) or file an appeal, which is rare. The defendant wins.

But suppose the foregoing set of facts but when the state gets the motion they look at their facts and talk to the witnesses. The assistant state attorney determines it doesn’t look good for them so he calls defense counsel (me) and offers a reckless driving in lieu of the D.U.I. This is a win. The driver doesn’t get the D.U.I. conviction and the plea on the reckless usually does not involve a license suspension (none of mine ever have). You ask, so what is the advantage? Consider this, the defense counsel is aware anything can happen at a motion or at trial so if a reckless is offered I always advise my client to accept.

Copyright 2008 by Timothy C. Foster. All rights reserved!

Unit coins or Challenge Coins were originally created by the military to signify pride, honor, service, unity, morality and friendship among its members. it has now extended its reach to include law enforcement, police, fire departments and rescue units.

Unit coins are also called Military Coins, Challenge Coins, Army Coins, Marine Coins, Air Force Coins, Navy Coins, Coast Guard Coins, National Guard Coins and First Responder Coins.

A Unit Coin is a small coin or medallion that contains the emblem of the organization, company or club it represents.

K-9 unit coins - an example of Challenge Coins for civilian use

Throughout history, dogs have been used for military, civil and defense purposes. Law enforcement agencies and the military utilize canines in a number of ways. This includes patrol partners, apprehension assistants, trackers, scouts, drug, explosive, and accelerent detectors. These dogs along with their trainers provide crucial services for our society.

One prime example where canines were indispensable was in the 911 tragedy where 3000 people lost their lives in New York City. Canines were used extensively to rapidly find survivors. With their keen sense of smell they could surpass the smelling capacity of humans or the tools they used.

The K-9 challenge coin is displayed on the dog collar. It represents the source of pride, teamwork, and service provided to the community by the dogs.

K-9s are used to:

* search confined spaces and/or large open areas

* search for guns, money, clothing, drugs

* find hidden drugs

* track the scent of a suspect or missing person

* provide officer protection

Unit Coins can be customized to display a quote, symbol or slogan. It’s uniqueness to your organization will instill a great sense of pride in its members.