Criminal Law Review

In the world of today a criminal records search can be a valuable tool. Do we really know that other person. It might be your new neighbor. You live in a nice neighborhood. Don’t you have a right to know who just bought that house across the street from yours? Of course a realtor will tell you very little. All that interests them is making a sale. The buyer has a right regardless of background to move anywhere they want to. They seem like nice people but can you be sure? Or maybe you have just met a seemingly nice guy. You would really like to go out on a date with him. The question is, is he really who he says he is. You owe it to you to find out for sure.

The internet is a truly remarkable place. There are sites on it that will allow you to do a thorough criminal background check on whomever you want to. It’s quick and most reasonably priced. There are non internet methods of doing the same thing. However they are slow and unless you really know the system can be difficult to execute and achieve results. You should shop for a service that only charges you a one time fee. Stay away from sites that talk about recurring monthly fees. You should be able to find a service that will allow you unlimited access to their records for one or two years for thirty or forty dollars or so. You can sit at your computer and do checks on everybody you know or ever knew. This could be an interesting endeavor!

The typical website you might be interested in will typically give you access to scores of government data bases. It is true most things you will discover are public records. To locate each database individually can be quite time consuming. Why not take advantage of someone who has already done the work for you.

Besides having the ability to do criminal background checks these websites have other uses. They can be quite useful as people locators. Maybe you have a lost love you are trying to find. A good site can be quite helpful in locating phone numbers, addresses, or email addresses. Give it a try For more information go to http://www.record-search.i-want-the-best.com.

Ithaca, NY is a collegetown located almost four hours from New York City. Sometimes student behavior results in criminal charges. Some might call it hijinks (merrymaking), or shenanigans (according to Wikipeida: Shenanigans are trickery, mischief, or underhanded actions), or as I call it “what were they thinking?” What often seems like a good idea at 3:00AM makes no sense in the light of morning.

Yeah Ithaca College and Cornell University students sometimes unwind from the stress of studies in interesting ways. In my youth, I was a fraternity member. So when things happen, as they often do, at the wee hours of morning, when brain cells are not fully engaged students wake up with various criminal charges.

These students are usually facing misdemeanor charges. A criminal conviction would stay on their permanent record forever. New York State unfortunately does not have an expungement statute. Many of these first time offenders just made a bad decision and/or judgement call. Depending upon the facts and circumstances of the incident, for first timers (to the Court system) these types of charges can usually be negotiated to a non-criminal disposition or a dismissal.

There are a few different options for negotiating and thus mitigating the misdemeanor to something less harmful. Barring prior client criminal history or other extenuating circumstances of the crime charged the Court and the Prosecutor will usually seek an amicable resolution option.

One such option is an ACD. An ACD is a diversionary disposition. It is a Court Adjournment of the matter (for 6 months) in Contemplation of Dismissal. In other words, if the offender does not get into any further trouble with the law over that six month time period the charges will be dismissed by the Court. An ACD is almost as good as an outright dismissal of the charges, your only condition being avoidance police involvement in your life over the specified time period.

If the facts and circumstances of the offense charge involve more serious allegations then the Prosecution and the Court will not usually agree to an ACD. The charges may still be at the misdemeanor level of crime, but they may involve violence, or a pattern of drug abuse, or harm to people or property. These cases are naturally dealt with more harshly by the prosecutors and the Court. Their concern for the general public is understandable.

In these situations a second possible option is a negotiated plea to Disorderly Conduct. Commonly called a “Discon” in criminal Court parlance. Disorderly conduct is not a crime, it is considered under the Penal Law to be a Violation.

Disorderly conduct covers a wide range of unlawful conduct, behavior, and activities.

Disorderly Conduct, Under Penal Law 240.20, has many subdivisions. According to the Penal Law, a person is guilty of this violation when, “with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof,” a person does one of the following:

(1) Engages in fighting or in violent, tumultuous or threatening behavior;
(2) Makes unreasonable noise;
(3) Uses obscene or abusive language or obscene gestures in a public place;
(4) Disturbs a lawful assembly or meeting of persons without any lawful authority;
(5) Obstructs vehicular or pedestrian traffic;
(6) Congregates with others in a public place and refuses to comply with police requests;
(7) Creates a hazardous condition or physically offensive condition by any act which serves no legitimate purpose.

What are the advantages to a plea to Disorderly Conduct (a violation) versus a plea to a Criminal Misdemeanor?

1. A Violation is not considered a criminal disposition or conviction. It is a non-criminal disposition.

2. A person who is convicted, by plea or trial, of a violation is entitled to have the record sealed.

3. A person who is convicted, by plea or trial, of a violation is entitled to have their fingerprints and any photographs (mug shots) returned.

4. Disorderly conduct is a “non-printable” charge for which fingerprints are not required.

5. A person who is convicted of a violation is entitled to have that statewide record kept confidential. In other words, no statewide search by the Office of Court Administration of electronic records can be disseminated to the public of a Violation once it is sealed.

Note however that the actual paper records kept in a City or Town’s Criminal Court are not sealed, and the public does have access to the physical record in the clerk’s office. Someone could physically go to that particular City, Town, or Village Court and find your records.

A Disorderly Conduct plea can be a practical resolution and compromise to having a trial. Trials always involve a degree of risk. The risk of losing at trial (and being found guilty of a misdemeanor) usually far outweigh the benefits of pleaing to a violation.

For the all following reasons, when prosecutors and defense lawyers negotiate pleas to violations it helps clients avoid the lifetime consequences of a conviction for a crime that they were alleged to have committed.

When it comes to DUI charges, you truly do need the best lawyer your money can buy.

Every state is becoming more strict and most are adding mandatory minimum sentences. Even if it happens to be the first time you have been arrested for driving under the influence, expect your life to change dramatically.

A friend of my family recently had a tragic family event occur and rather than deal with it in the appropriate manner, he chose to drink and drive. We live in the Seattle Washington area and here, the laws regardingdriving under the influence or “DUI”, are very strict. Everyone who was with him that evening decided to take a cab and they were not able to retrieve the keys away from him. A few minutes after they left to hail a taxi, he was pulled over by the police. He now faces a two year suspension of his driving license and possible jail or home confinement with a ankle bracelet monitoring device. Those are just to start with. I was able to attend his first meeting with the DUI lawyer he selected. I told him I wanted to learn more about lawyers and how they handle DUI cases. I also wanted to learn about their fees and mandatory minimum sentences for our specific state, Washington. DUI laws vary according to what state you are charged in.

Each lawyer specializes in the laws in his or her state. It is true that most states now have mandatory minimum sentences for DUI offenders, even first timers. Our friend contacted and met with several lawyers and the minimum cost was around five thousand dollars. If the case ends up in a trial, it could cost even more. This says nothing about the effects on the offenders family, job and social life. In Washington state, your drivers license is suspended before you are even convicted. If you don’t have an attorney, you are looking at very serious consequences that you may not face if you hire the right DUI lawyer.

If you don’t have a very good lawyer that specializes in defending DUI cases, you can almost certainly forget about getting the charges filed against you dropped. You definitely need to find a way to obtain the best lawyer that specializes in this field.

Plan on paying a heavy price both financially and emotionally if you are convicted of driving under the influence. Your only hope is having the very best defense and an expert who wins cases similar to yours. Use the Internet to find the very best lawyer. Search forums and reviews for lawyers in your specific state and or county. The difference between doing this and nothing could mean the difference between incarceration and freedom.

Los Angeles’s Mayor Antonio Villaraigosa and police chief Bill Bratton are making every effort to cut down the Los Angeles crime rate. There has been a significant reductions in the crime rate. At a time when there have been budget cuts for almost all the city departments, the LA Police department has added a lot of new officers. This is already the costliest department.

The police chief claims that a single act of homicide costs the city $1 million. This includes costs such as criminal attorney fees, police costs, etc. Mr. Bratton is the top cop and he has been very successful in fighting the crime rate in recent years. He has brought it down the 1960’s levels.

Many people have appreciated the work done by the top cop and the mayor. The reduction in crime was one of the promises made by the mayor and he has delivered on his word. The homicides are down by over 60% since 2002 and there has been more than 30% reduction in the auto theft. The efforts of the police departments have been successful. The law machinery has worked great to achieve their targets.

The judicial costs associated with crime are quite large. A single consultation by a Los angeles criminal defense attorney will cost several hundred dollars. There are several criminal lawyers in Los Angeles. Many students come from all over the US to study law in the city and to become a criminal lawyer. Criminal defense attorneys take up these students as trainees and later they set up their own practice.

Anyone who has ever watched “Cops” or other police procedural television shows has probably seen an example of the roadside tests administered when an individual is suspected of driving while intoxicated. While breathalyzer machines and blood tests are extremely scientific ways to determine a person’s blood-alcohol-level, the field sobriety test often helps establish a reasonable cause for the officer to make an arrest.

Typical roadside tests measure an individual’s balance, dexterity, and mental sharpness. A person who is intoxicated beyond the legal limit will often struggle with tasks that would not be difficult for an individual who is completely sober. It is up to the arresting officer to determine which sobriety tests will be administered in the event of a traffic stop.

One common roadside test is to have the suspected drunk driver balance on one foot at a time. Significant amounts of alcohol can have serious effects on a person’s balance, and the inability to stand on one foot is a big “tip-off” to any officer of the law. Another physical test includes walking a straight line, while placing one foot in front of the other. Again, this task should be simple for someone who has not consumed alcohol, but difficult for one who is intoxicated.

Tests that determine manual dexterity often include, using one’s hands and fingers to demonstrate sobriety. It would seem that the simple act of touching your finger to your nose could never be difficult, but a person who is drunk often cannot mimic the motion in a precise manner. Officers may also have the person try to touch each finger to their thumbs, again checking for precision in the small movements. Other tests, such as the “eye test”, where an officer will ask a person to follow a moving pen with their eyes, are designed to help the officer other physical signs of intoxication.

Tests that require a level of mental sharpness may include counting backwards from a certain number, or reciting the alphabet backwards. Interestingly enough, some intoxicated individuals find themselves unable to perform the tasks required in even simpler manners (such as reciting the alphabet in the correct order). Officers can also discern a level of intoxication from the person’s manner of speech, paying close attention to slurring, mispronunciations, and lack of clarity in their words.

Although blood testing and breathalyzer analysis may be more precise methods of determining the sobriety of an individual, the roadside tests administered by officers of the law are effective in establishing probable cause for arrest.

Anyone convicted of driving the influence or DUI can be get his records blemished. The convicted person can get in trouble in future due to bad previous records. A DUI Attorney can help to get the charges dropped. This can be good for you as it will help you keep your name clean in records and you will still have a good standing in the local community. The DUI Lawyer can be very helpful in such cases.

We never recommend you to drive while you are drunk. Doing this is a serious offence and you may end up causing serious injuries to people. You should never drive while you are drunk. But if you are already convicted, you can get in serious trouble. You need the best DUI attorney to help you at the time. You need to cooperate a lot with the DUI lawyer. You should try to tell everything in detail to him. You should tell him about the whole incident honestly and in complete detail. It is very important that you are honest and open in what you say.

You should try to remember every event that led to yourself being pulled up by the officer. This is all the DUI attorney will have to use against the prosecution. There are several important points where the lawyer can help you get out of the mess.

Witnesses are very important in such cases. If you are pulled up over drinking, the bartender can be a witness to the fact that you didn’t drink a lot. Cities like Los Angeles have a lot of such accidents.

When someone is in police custody and being questioned about a crime that has taken place, the police must give Miranda warnings. The right to remain silent is included in the Miranda warnings to protect a suspect from self-incrimination. You have probably heard this warning before on TV or in the movies.

Anyone who finds himself in this situation should remain silent because, as the Miranda warning states, anything you say can and will be used against you.

If you have started talking and suddenly remember your right to remain silent, stop! It is worth stressing that it is always best to exercise your right to remain silent from the start of your time in police custody. However, you can still exercise it if you happen to remember your right during the questioning. Exercising this right in Illinois, or any state, does not require any specific language. Just say that you are doing so or simply say nothing. The police must stop questioning.

“Good cop/Bad cop” doesn’t just happen in the movies and it is not always dramatic. For example, if you are questioned about shoplifting, the “good cop” might tell you it is routine and try to convince you to talk. Remain silent. You have the right to remain silent and should exercise it, no matter how informal the situation may seem.

Don’t forget your right regarding written statements. Your signature “speaks” for you and whatever you sign - a confession or even a simple statement - can and will be used against you.

You may have done nothing wrong and your words may seem harmless but once you have said them - verbally or in a written statement - they can still be twisted and later used against you.

After you are released from police custody, don’t talk to anyone, including family members, friends or co-workers. By talking to anyone, you have instantly involved that person and he or she can all be called as a witness against you. That said, you do have attorney-client privilege with a lawyer and can speak freely with them.

If you find yourself being questioned in police custody, remain calm and simply ask to have your attorney present.