When is the Right Time to Hire a DUI Attorney?

April 30th, 2009

It is very unfortunate that we only think of getting the services of a competent Cincinnati DUI lawyer only after we have been slapped with a formal charge for DUI offense. In fact, we only know of their existence only when we need the services of one. Another notable observation which lawyers themselves make of most of their meetings with clients facing DUI clients is that they seem to be at a loss and don’t know the questions to ask. Here is a brief rundown of what to expect from your case and when the services of Cincinnati DUI lawyers are needed.

Your initial encounter with your potential legal counsel is generally a free consultation. A majority of these lawyers are not charging fees for this initial meeting with their clients as these meetings normally don’t necessitate the services of the lawyer. This consultation serves as an initial assessment by the lawyer of the case at hand and where you, as the person being charged, stand. From the initial assessment, the lawyer will be able to determine how he can assist you with your case and the possible approaches that he can take in representing you. This stage of your relationship with a lawyer is basically a feeling-out stage where you decide whether you take his services or not.

Finding a perfect representative is not easy. However, getting the services of a competent legal counsel should not be all that difficult either. Being charged with a this type of felony is a serious case and you have to get the services of a good lawyer the ASAP. You have to make sure that you get the services of a legal counsel who has the expertise in handling your kind of charges. It is important that you hire someone who specializes in under the influence cases in order to get the best legal advice for your defense. Checking the background of the lawyer can be of great help. In some instances, you can just ask the prospective lawyer some background information about his practice and experience during your initial consultation. These are normal preliminaries that are expected by these professionals from their prospective clients. In this way, you are able to ascertain whether your prospective lawyer is the perfect person to represent and handle your case or not.

In most cases, you are not required to make a decision about hiring the services of a good lawyer during and even right after the initial consultation meeting. By the same token, the attorney is not also obligated to make his decision to represent you in your case or not. Nonetheless, he shall give you an overall perspective of how things are with your case and what to expect if you are going to his services. However, this does not preclude the possibility him deciding not to provide his services to you. This is the main reason why it is necessary for you to seek out for the services of legal counsel at the earliest possible time. Delaying your decision may mean losing out on opportunities that may have helped you in your case had you availed of the services of an able representative early.

Read more

Posted in Criminal Law Review | No Comments »

Let it Be Written, Let it Be Ignored?

April 29th, 2009

Have you ever wondered why people do things and you wonder why they don’t get punished? It is simply a let it be written, let it be ignored situation. Police officers have a great deal of work to do on a daily basis and there comes a time where laws which are written but just simply not enforced. One such instance is in Poland. It is written that there is no drinking alcohol on public buses.

Read more

Posted in Criminal Law Review | No Comments »

3 Problems With Your Next Background Check

April 28th, 2009

It’s no secret that background checks are now a major part of everyday society. Whenever someone applies for a job or a loan, rents an apartment, or even gets an insurance quote, chances are they will undergo a background screening. Although many people are aware of the screening, they may not be aware of what is turning up.

First, we all assume that if we’ve never had any brushes with the law that we won’t have a criminal background. Unfortunately with modern background screening practices, this is not always the case. More and more background checks are being placed in the hands of internet databases that often contain incomplete or entirely inaccurate information. If your name is similar to someone with a criminal record, there is a chance that their history will be confused with yours. Make sure to get a copy of any checks run on your history to ensure that your background has not been compromised.

Another complication may arise with those who previously had a criminal record but have had their charges expunged through the courts. Getting your record expunged is not the same as getting it cleared from commercial databases. People may be repeatedly turned down for employment and not realize that it is due to the fact that their “erased” charges are still showing up on commercial screens.

Lastly, most people who have received a citation and paid it without ever being arrested or entering a court room will assume that they don’t have a record. However, several misdemeanors require only a citation as a consequence. Paying the fine rather than going to court is an admission of guilt and therefore you will have essentially “pled guilty” to the crime and it will appear on your record accordingly.

Before your next job interview or loan application you take a moment to look into what is actually showing up on your background. As with credit checks, making an effort to educate yourself could prove to be the difference in your future.

Read more

Posted in Criminal Law Review | No Comments »

Felony and Federal Criminal Record Pardons

April 27th, 2009






‘;
}
s0 = ‘

‘ + s0 + ‘

‘;

if(document.getElementById(’ad-3′)) {
document.getElementById(’ad-3′).innerHTML = s0;
}
}

if(google_ads.length > 3) {
var s1 = ”;

s1 += ‘

‘;
for(i = 3; i = google_ads.length) { break; }
s1 += ‘

‘ +
” + google_ads[i].line1 + ‘
‘ +
” + google_ads[i].line2 + ‘ ‘ + google_ads[i].line3 + ‘
‘ +
‘‘ + google_ads[i].visible_url + ‘

‘;
}
s1 = ‘

‘ + s1 + ‘

‘;

if(document.getElementById(’ad-4′)) {
document.getElementById(’ad-4′).innerHTML = s1;
}
}
}

Webster’s Dictionary defines a pardon as the “release from the legal penalties of an offense.” State offenses may be pardoned by the governor, while those convicted of a federal crime or military court martial must seek a presidential pardon. Generally, an expungement or sealing of a record through the county courthouse will be sought first, but due to eligibility constraints a pardon is often the only option for more serious convictions. In fact in some states, the expungement of any criminal records is not even an option.

For those with a serious criminal offense on their record, obtaining a pardon is an integral part of restoring one’s rights and moving forward in life. In many cases a pardon will lift licensing restrictions that could bar access to a wide variety of occupations such as teaching, nursing or real-estate. The regaining of firearm rights in the event one is attempting to gain employment as a Security Guard, may require more than just receiving a pardon. The restoration of firearm rights requirements and eligibility vary significantly from state to state. Forgiveness of your charges is often necessary to regain your voting privileges, as well as your ability to run for public office. A pardon can restore these rights so you may pursue options previously unavailable.

The various factors determining eligibility differ widely from state to state and with federal or military convictions. For example, California requires a wait of ten years after the completion of your sentence, including parole, before you are eligible to apply. That is unless you obtain a Certificate of Rehabilitation, in which you would be viewed as rehabilitated by the state and automatically considered for a pardon. However, anyone convicted of two or more felonies must be recommended to the Governor by the California Supreme Court before being accepted for a decision.

In Maryland if you are convicted for a crime of violence, the waiting period is twenty years; but in Illinois you can apply right after your conviction. There are many more details to the eligibility, but these examples serve to demonstrate how the eligibility can vary dependent upon the state.

This free check will help you determine your expungement, sealing, or pardon eligibility. Simply having the knowledge that you have been forgiven of your criminal past, will gain back not only your confidence; but may also earn back lost rights which can make all the difference in future endeavors.

You may reprint this article free of charge in your newsletter, magazine, or on your website, provided that the article is unedited, and that the copyright, author’s bio, and contact information below appears with each article. Articles appearing on the web must provide a hyperlink to the author’s web site, http://www.clearmyrecord.com

Free Criminal Record Expungement Eligibility Check

Read more

Posted in Criminal Law Review | No Comments »

How to Use Criminal Background Records For Your Safety

April 26th, 2009

Making use of criminal records is one of the most fundamental methods to endorse as well as guarantee the safety and security of any individual anywhere. Keeping in view the increasing incidences of terror and other crimes, such records have virtually become an essential part of everyone’s life and help people to conduct appropriate background checks on their associates who are not too well known. Conducting such background checks with criminal records enable people to decide whether a person is safe or nor and whether they should associate or have any dealings with them. It will also help law abiding citizens to determine whether their associates have any criminal history.

Read more

Posted in Criminal Law Review | No Comments »

Criminal Law Topic - What Laws Should We Have For Living in Space Colony VR Environments?

April 25th, 2009

In the future there will be human colonies all over this solar system, on moons of planets and on the planets themselves. There is no doubt there will also be human colonies orbiting planets or in geosync with planets, as well as long term missions in livable large space ships, and whereas, all this may sound like science fiction, it will all come to fruition in the next 50-100 years. The first basic outposts will be sooner.

Read more

Posted in Criminal Law Review | No Comments »

Illinois Criminal Defense - Solicitation of a Prostitute

April 24th, 2009

Please note that this article is based on Illinois law and only applies to Illinois. Remember, the laws in every state are different.

The crime of solicitation for a prostitute, according to Illinois law, means not only soliciting another for the purpose of prostitution but also arranging or offering to arrange a meeting for the purpose of prostitution.

The crime of prostitution is defined as “Any person who performs, offers or agrees to perform any act of sexual penetration … for any money, property, token, object, or article or anything of value, or any touching or fondling of the sex organs of one person by another person, for any money, property, token, object, or article or anything of value, for the purpose of sexual arousal or gratification.”

So, if you offer money for sex or even arrange a meeting for the purpose of offering money for sex, you have committed the crime of solicitation for a prostitute.

The “arrangement” includes exchanges over the internet. The crime of solicitation doesn’t necessarily have to happen out on the street or in alley anymore. For example, in Illinois, if you post an ad on the internet seeking a massage with the actual intent of paying for sex, that exchange would be considered arranging or offering to arrange a meeting for the purpose of prostitution.

The rise of internet sites such as Craigslist has led to the rise of the “sting” and an increased crackdown on those who appear to be seeking sex in exchange for money over the internet. Massages, escorts or anything that may have once gone overlooked by law enforcement when it was advertised in a phonebook or storefront is now front and center with the help of the internet. The internet provides an opportunity to engage in conversation that may incriminate a person and provide a set up for a sting.

And, the crackdown is happening both ways. Not only are those who seek or arrange sex for money being pursued by law enforcement, but those who advertise sex for money are also being pursued. For example, offering the service of a massage through an internet ad, whether with the actual intent of arranging a meeting for the purpose of prostitution or not, could open a person up to a possible sting operation by undercover police officers.

The crimes of solicitation for a prostitute and prostitution are typically misdemeanors for first time offenders, which could carry a fine and jail time of up to one year. They are felonies for second time offenders or if the solicitation or act occurred within 1000 feet of a school. Felonies can carry a sentence of more than one year in prison.

For more information on Illinois criminal defense, we suggest that you visit http://www.findgreatlawyers.com/IllCrimLaw.htm

Read more

Posted in Criminal Law Review | No Comments »

5 Steps to Restore Your Gun Rights in Washington State

April 23rd, 2009

Your right to possess a gun in Washington State will be suspended if you have a conviction for a felony crime. A conviction for a misdemeanor involving domestic violence will also take away your right to possess a gun.

The right to possess a gun, and the process for restoring the right to possess a gun, in Washington State is often misunderstood. In Washington State, a person’s civil rights are restored after all sentence conditions are satisfied and probation ends. For a felony conviction civil rights are restored when a document called a Certificate of Discharge is filed with the court. However, this does not restore the right to possess a gun or any type of firearm. The right to possess a firearm is separate, and must be specifically restored by a court.

Similarly, having a criminal conviction expunged does not restore the right to possess a gun. In fact, when a court expunges a criminal conviction the Order specifically states the right to possess a firearm is not restored.

In Washington State, there are 5 steps, or criteria, that must be satisfied to restore your right to possess a gun.

1. To be eligible to restore your right to possess a firearm, you cannot have any criminal charges pending against you. This means if you are currently charged with any crime in a court in Washington State, a federal court, or a court in any other state, you are ineligible to have your right to possess a gun restored.

2. The required amount of time has passed.
Your right to possess a firearm can be restored in Washington State if at least five consecutive years have passed without being convicted of any crime. The five year period applies if the conviction that suspended your right to possess a firearm was a class B or class C felony. If you were convicted of a misdemeanor that suspended your right to possess a gun, then three years must pass before you can have your right restored.

3. You were not convicted of a crime that permanently prohibits you from possessing a firearm.
Convictions for certain crimes take away your right to possess a gun permanently. In Washington State, if you were convicted of a class A felony (most serious), you cannot have your firearm possession right restored. Additionally, if you were convicted of a crime in another state or in federal court that would constitute a class A felony in Washington State, or which has a maximum sentence of twenty years or longer, Washington State law does not permit your gun rights to be restored. The last category is sex crimes. If you have a conviction for an offense classified as a sex crime under Washington law, then a Washington State court will not restore your right to possess a gun or other firearm.

4. There is no court order currently in force that prohibits you from possessing a firearm.
Conviction of a crime is not the only means by which your right to possess a gun in Washington State can be taken away. Some criminal court orders, and certain civil court orders such as a domestic violence protection order, will prohibit possessing a gun.

5. You have never been involuntarily committed to a mental health facility for treatment.
If you were ever committed to a mental health facility without your consent, then you are not eligible to have your right to possess a firearm restored in Washington State.

As you can see, you can have your right to possess a gun restored in Washington State if you meet the criteria. In most cases, these 5 steps take only a few weeks to complete.

ABOUT THE AUTHOR:
Douglas Stratemeyer is an expert on expungement law and restoring firearm possession rights in Washington State. Doug has been a lawyer since 1992, and is a former part-time judge, who helps people expunge Washington State criminal convictions, clear criminal records, expunge juvenile criminal records, and restore firearm possession rights. Read more about him and how to clear your criminal record at his website http://www.StratemeyerLaw.com, or http://www.WashingtonStateExpungement.com

Copyright ©2009 Douglas Stratemeyer. All Rights reserved.

Read more

Posted in Criminal Law Review | No Comments »

Choosing the Right Criminal Law Solicitor

April 22nd, 2009

If you have been charged with a criminal offence, no matter how major or minor, it is crucial that you find the right solicitor. This should be chosen with regards to your specific situation, and there are many things to take into consideration.

You need to make sure you do your research. You wouldn’t buy a house or car without doing some research, so don’t when choosing a solicitor either. This is a much more important decision than buying anything. You shouldn’t just use the first solicitor you find either. You need to draw up a list of several solicitors within your local area, before going through a process to narrow them down. The wrong solicitor could cause you all sorts of problems, while picking the right one could produce the outcome you are looking for.

Possibly the most important issue you need to focus on is finding a solicitor who specialises in the right area. You don’t want a divorce or personal injury solicitor. You need to make sure you have someone who specialises in criminal law and has relevant experience in this area. You can usually find a solicitor’s specialities by looking at their website. You should also search for any articles or court records relating to them. This should give you an idea of their experience as well as their reputation.

After continuing to narrow down you original list you should be left with a few criminal law solicitors you are still considering. Now you only have a few left, it is time to meet the remaining options face to face. This should give you an idea of how they can help you, as well as their professionalism. It is important that he or she is someone you can have a working relationship with.

Price can also be important. Although the solicitor who can get you the best results is priceless, it needs to be at a price you can afford. Make sure you know what each solicitor’s pricing structure is before you pick one to represent you. This is not the most important factor, but it should still be taking into consideration.

Once you have gone through a process of looking at all the options thoroughly, you should be in the position to choose the solicitor that is right for you. There are many different areas to think about, but it is a decision you must get right.

Read more

Posted in Criminal Law Review | No Comments »

How to Check DWI Records and Expunge a DWI From Your Driving Record

April 21st, 2009

When you get a DWI, all of your information is put into record. It doesn’t matter if your state calls it a DWI or a DUI, they both mean driving while under the influence of either alcohol or a controlled substance. If you get arrested and charged with a DWI, you will always have an opportunity to get it wiped from your record. Many counties allow this so you are able to have a clean background check for employment and other purposes. You can also get your license back if it ends up suspended.

Read more

Posted in Criminal Law Review | No Comments »

« Previous Entries