A Revolutionary Type of Bail Bondsman

June 30th, 2008

For ages the bail bondsman has simply been a deal maker. What if all of that was to change though? What if a bail agent became more than that?

Well, that is exactly what is happening. I have heard of a new generation of bond agencies arising. They are beginning to offer services that extend beyond the norm. In my opinion, these agencies have begun to realize that they are in a unique position to be helpful to the people that they are bailing out of jail; especially the drug addicts and alcoholics.

So what is this new breed offering? Well, they are beginning to see that an intervention would have a very high success rate if it were performed immediately after an addict is released from jail.

Why is this?

This is true for a 2 major reasons.

First, the life of a drug addict is typically consequence ridden. As a result of this, the addict is usually the most receptive to accepting some type of help after they experience the pain of consequences caused by their drug use.

Secondly, it would be very hard for an addict to argue that their addiction is not a problem immediately after being released from jail.

Because of the potential for very high success rates in offering this type of service, I think that more and more companies will begin to delve into this.

So how do you find a company that offers this service?

Well, in all honesty, there are not a lot of companies that are offering this service as of yet. Your best bet would be to search the internet for bail bond agencies. I would recommend contacting these companies and asking them if they perform intervention bail bonds.

Well, that’s it for me today! Once again, I hope that I have offered some useful information and I wish you the best in your search for help!

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Biological Causes of Breathalyzer Error

June 29th, 2008

Police officers and prosecuting attorneys would like for everyone to believe in the infallibility and reliability of breathalyzer machines. If breath test machines were truly 100% accurate, convicting or exonerating suspected DWI offenders would be fairly easy; simply compare an individual’s readings to the accepted legal limit.

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Occupational Driver’s License

June 28th, 2008

Being involved in any sort of DWI or DUI case can be a difficult situation for anyone to go through. There are many things that need to be taken care of during the process of getting your case taken care of. If you are pulled over and arrested for a DWI, one of the first things that will happen is they will either suspend or revoke your license depending on what all of your previous criminal history is. If you have had multiple DWI’s or DUI’s then you will most likely have your license revoked rather than just suspended. If this happens to be your first offense, there is a chance that they will only suspend your license for a certain period of time.

The next thing you need to worry about is getting out of jail. You will be set up in a hearing with the court to set a bail amount where your Jail release lawyer will need to be present. At that time, they will then set up a time for your trial that you will need to appear at sometime down the line. After you have gotten out of jail, there are a few things that you need to have accomplished before the time of your trial.

The most important thing that you need to do is to get an occupational driver’s license. When you were arrested for a DWI or DUI, your license was automatically suspended and you are going to need a way to get yourself to work and back to your home. An occupational driver’s license is a license that is given to people on a short term basis until their regular license can be used again. This type of license is only for those who need to operate a non-commercial vehicle in texas to drive to and from work. This enables the person to continue to work even though they are awaiting their court trial date.

The only way that you can get an occupational license is to speak with a court judge and have them send an order to your local DPS office saying that you are only allowed to have this specific license and no other. You should remember that this license is only to get you to and from work and no where else. If you are pulled over for driving anywhere other than where you are supposed to be, then your occupational license will be immediately revoked and you will not be able to drive at all.

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Reduce Your Chances of a DUI Arrest

June 27th, 2008

The vast majority of people who drink and drive would be considered social drinkers, meaning they might:

  • Go to the bar after work with their fellow co-workers and have one or two glasses of wine or beers.
  • Go out to dinner with their friends or family and have a couple of drinks with dinner.
  • Go to a party and have a drink or two over the course of the evening.

Situations like these would be classified as social drinking since the individuals that take part in this behavior, do not drink on a regular basis.

Whether you consider yourself a social drinker or drink alcohol on a regular basis there are some simple steps you can take right now to minimize your chances of being involved in a DUI stop.

1. Put some cologne or perfume in the glove box of your car. The cologne or perfume needs to be on the more expensive end since the cheaper brands you can get at Wal-mart tend to wear off quickly and are not as potent. The whole purpose of using the cologne or perfume is to mask the scent of the alcohol on your person and in your vehicle.

Apply the cologne, preferably using a spray bottle, to yourself from head to toe after you have been drinking, but before you drive a vehicle. Also spray it around the interior of the vehicle to mask the scent in the vehicle.

2. Keep some breath aids in your car at all times. You do not want to skimp on price here either. Buy some gum or mints that are fairly strong and will actually work like nu-breath or something similar.

The breath mints will not only mask the scent of the alcohol on your breath, but will also slightly slur your speech due to the sucking and chewing action. A person who has been consuming alcohol will typically have slurred speech patterns. So here again, the officer will have a problem picking up on a slurred speech pattern due to alcohol consumption because you are sucking or chewing on a breath mint.

3. Spray the interior of your car with an air freshener before driving. Here again, use a more expensive air freshener then you would normally use. This needs to be a spray air freshener and not one of those scented pine trees you hang from your rear-view mirror.
By using all three of the above suggestions in combination you can greatly reduce your chances of being arrested for DUI. Just the slightest hint of alcohol on you or in your vehicle during a routine traffic stop, can turn into a DUI arrest. So as Ben Franklin said: An ounce of prevention is worth a pound of cure.

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Free Criminal Records Check - Online Searches Made Easy

June 26th, 2008

A free criminal records check has been made simpler to run in recent years both for the individual and businesses, chiefly due to the new online resources becoming available. There are a myriad of search engines at your disposal that allow you to dig up the necessary information that allow you to ask the questions you would like to have answered.

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Background Checks - How They Can Help Your Business

June 25th, 2008

If you are running a business, you probably know that the people that you hire can either make or break your business. This is why it is so important to make sure that you hire only the best employees to work for you. However, it is easy to accidentally hire an employee that is a “bad apple” and you’ll definitely end up paying for your mistake. If you want to make sure that you hire only the best employees, then it’s time to start running background checks on employees before you hire.

There are many employers today who are turning to employee screening to make sure they get the best employees possible. If you’re not sure that background checks are the right choice for your business, here are a few of the main benefits that may change your mind.

Benefit #1 - Lower Turnover - One of the main benefits of using background screening on your potential employees is that it can actually lead to lower turnover. It can be quite expensive for your company to have a high turnover of employees. However, screening before you hire can help you avoid this.

Benefit #2 - Better Attendance - Attendance is important to your company as well. Your company cannot function well when employees are constantly absent from work. Employee screening can help you week out people that have a bad attendance history at work.

Benefit #3 - Reduce Incidents of Theft - You’ll also find that background checks can help you reduce incidents of theft at your company as well. They allow you to take a close look at the criminal record of potential employees to decide whether or not they are trustworthy or not.

Benefit #4 - Experience Productivity - Another great benefit of using background screening before you hire is that your company will experience better productivity when you do this. You won’t end up with people who slack off on the job or who don’t want to be there. You’ll have quality employees who really make your company better.

Benefit #5 - Find Qualified Employees - Having qualified employees is very important if you want a profitable business. So, take a look at their background checks to see how they have performed in the past and if they really do have the qualifications that they say they do.

Benefit #6 - Make Sure the Person is Who They Claim to Be - Last of all, employee screenings allow you to make sure that the person you are considering for hire is really who they are claiming to be. This makes sure that you are protected and that you really know who you are hiring.

For more information on background checks visit macataadvantage.com.

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Defining the Different Types of Theft Cases

June 24th, 2008

Theft can be a hard type of case to be involved in depending on what the specific details of the case are. When you are involved in a theft case, you are going to need a criminal defense lawyer in Wisconsin that can handle your case. There are many parts to your case that you need to be well informed of to make sure that your case goes well.

Theft is defined as taking, using, or keeping someone else’s property without the person’s consent. There are numerous different types of theft that all relate to what was taken or used without permission. Theft can also be defined based on the intent of the item that was misused or taken. If you were to mistakenly keep something that belongs to someone else, this wouldn’t be considered theft because you were unaware that you had the item that belonged to someone else.

Mugging is one type of theft that is quite common. Mugging is defined as a street robbery. You can see a lot of mugging’s in larger towns with tourists because these people seem to be easier targets for those wanting to mug someone. Woman can also be an easier target for muggers because most people that are mugging others are males which usually have more strength than women. Mugging is just one of many types of theft.

Robbery is another type of theft that also happens to encompass many other different types of theft. Robbery is defined as seizing property of someone else using violence or intimidation. Robbery can happen to many different people in any type of environment. This basically means that you take someone’s property by being violent and forcing the person to do what you would like. There are many different types of robbery including highway robbery, armed robbery, and aggravated robbery. Armed robbery is when you rob someone with a weapon of some kind to persuade the person to give up their property. Aggravated robbery is when you use a deadly weapon to force the person who you are robbing to give up their possessions.

Larceny is another type of theft that exists in the US. Larceny theft is defined as taking or keeping someone’s property without their consent as well as using no force or fraud to acquire the items. Some of the thefts that fall into this category include pick pocketing, bicycle theft, and motor vehicle theft.

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New Law Gives Nevada Sex Offenders More Rights

June 23rd, 2008

Under current Nevada law (i.e., up until June 30, 2008), all sex offender must register under Nevada’s Sex Offenders Registry for as long as they live, work, or go to school in Nevada; in other words, registration is (by default) for life under the current law. Nonetheless, the current law still allows a sex offender who has complied with registration requirements for a period of at least 15 consecutive years (during which he was not convicted of an offense that “poses a threat to the safety or well-being of others”) to petition a court to terminate his duty to register.

However, starting on July 01, 2008, the law in Nevada (namely, NRS 179D.490) will change, reducing the time that certain sex offenders must register (as well as non-sex offenders who have to register because they were convicted of committing a crime against a child). The time that an offender must register under the new law will depend on whether he is a Tier 1, Tier II, or Tier II offender. If he is a Tier I offender, he must register for only 15 years maximum (as opposed to life); if a Tier II offender, he must register for 25 years; however, if he is a Tier III offender, he must continue to register for life (as long as he lives, works, or goes to school in Nevada).

Furthermore, the new law will allow a Tier I offender to petition a court to terminate his duty to register prematurely. A Tier I offender may petition if he has registered for a period of at least 10 consecutive years, during which he was not convicted of a felony or a sexual offense; to qualify, he must also have completed any periods of supervised release, probation, or parole, in addition to an approved sex offender treatment program. If the court grants the petition, it will knock 5 years off of the maximum period that the Tier I offender must register (i.e., from 15 years down to 10 years).

The above reduction option is also available to offenders who were classified as Tier III by a juvenile court. The requirements to qualify are the same as those for Tier I offenders, except that instead of 10 years, the TIER III juvenile delinquent must have registered for at least 25 years before he can petition for a reduction. If you have any specific questions about the new or current law (such as whether or not you would be qualified for a reduction, what Tier you belong in, or how and where to file your petition), contact a RecordGone.com attorney.

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Several Ways a New Jersey Doctor Convicted of Health Claims Fraud May Forfeit His Or Her License

June 22nd, 2008

In the course of my criminal defense practice, especially defending physicians accused of various crimes and violations, I’ve discovered that the next question after “what sentence will I receive?” is “what will happen to my license?” In fact, disciplinary proceedings conducted by the New Jersey State Board of Medical Examiners is the second in the list of nightmares faced by a New Jersey physician who is in trouble with the law. I’ve compiled some most frequently asked questions regarding licensing issues when a physician is accused of a crime in New Jersey.

Q. What happens to a professional license when the practitioner is convicted of a second-degree crime?

According to N.J.S.A. 2C: 51-5A, a New Jersey health care practitioner such as a doctor, who is convicted of a second degree health care claims fraud crime or a similar crime, will permanently forfeit his or her license and will never be able to practice the profession. The only way to prevent that is for the defense to argue that such license forfeiture would be a serious injustice, which overrides the need to deter such conduct by others. The court may consider another period of license suspension, but no less than one year. If you are lucky and the court does not permanently forfeit your license right away, the sentence is not final for 10 days so that the prosecution may appeal it.

When a practitioner is convicted of third degree health care claims fraud or a similar crime for the first time, there will be mandatory license suspension for at least one year. The second conviction will cost you your license for good.

Q. How will the licensing agency be notified of forfeiture or suspension?

A court will enter an order of license forfeiture or suspension immediately after a plea of guilty or finding the defendant guilty, assuming any of this happens in New Jersey. The order is effective as of the date of conviction r guilty plea. If it is an out of state or a federal conviction, or the defendant forfeited his license in another state, the court will enter the forfeiture order upon application of the county prosecutor or the Attorney General.

Q. May a license forfeiture order be stayed while the case is pending appeal?

An order of license forfeiture or suspension will usually not be stayed pending appeal of a conviction or forfeiture or suspension order unless the appellant’s attorney convince the court that there is a substantial likelihood of success on the merits. If the appeal is successful and the conviction is reversed or the order of license forfeiture or suspension is overturned, the court will notify the licensing agency within 10 days of the date of the order of reinstatement. That does not guarantee that the license will be restored because the agency, such as the New Jersey Board of Medical Examiners, may decide to suspend or revoke the license on its own motion.

Q. May a professional license be forfeited or suspended by a licensing agency?

Absolutely! This can be done through a special application by the Attorney General. The situation may arise in a case where the issue of license forfeiture or suspension is not even discussed raised in a court when the practitioner pleads guilty or is found guilty. However, the fact that a court has not ordered license forfeiture or suspension does not stop the licensing agency from doing that on its own accord. The decision may be based on the argument that the conduct giving rise to the conviction demonstrates that the person is unfit to hold the license or is otherwise liable for an offense.

Q. Can a professional or medical license be reinstated in New Jersey?

N.J.S.A. 2C:52-27.1(a) provides the procedure for reinstatement of forfeited professional licenses. If the conviction record is expunged, the convicted practitioner who lost his or her license as the result of conviction may ask the court for an order to rescind the court’s order of forfeiture if the person can demonstrate that he or she is sufficiently rehabilitated. If an order to rescind the court’s order of debarment is granted, the next step is to apply to the licensing agency for license reinstatement.

Joseph Potashnik is a criminal lawyer in New Jersey and New York City. He represents people accused of state and federal offenses, including white-collar and fraud crime, drugs and weapons crimes, and computer crimes. He also defends professionals such as physicians and teachers facing professional discipline. Please visit Mr. Potashnik’s websites at http://www.jpcriminaldefense.com and http://www.jpdefense.com

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When Traffic Tickets Become Traffic Crimes

June 21st, 2008

When you get pulled over for a traffic violation, you may be concerned about getting a fine, or even having points charged to your license. However, depending on what you’re being accused of, a fine might be the least of your worries. The penalties for traffic violations vary from one state to the next, but one thing remains the same: traffic violations such as DUI, reckless driving, hit and run, and leaving the scene of an accident are all considered traffic crimes. Being charged with any of these violations always leads to the potential for criminal charges and jail time, depending on your location and the severity of the crime.

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