Criminal Law Review

A Good Criminal Lawyer Saves You the Hassle of an Ineffective Assistance of Trial Counsel

admin — Thu, 18 Mar 2010 07:50:12 +0000

Any criminal lawyer will tell you that the ineffective assistance of trial counsel is one of the most frequently raised claims in state and federal post conviction petitions. Considering the state of most state funded counseling these days, this is hardly surprising. Many state attorneys refuse to investigate their cases before trial, never meet with their clients before the trial, or fail to file any motions or object to inadmissible evidence during the trial. The circumstances of your case come down to the quality of your criminal lawyer. Choosing one may be the most important legal decision you make.

Why You Need a DUI Attorney

admin — Wed, 17 Mar 2010 07:50:03 +0000

Being charged with driving under the influence or DUI is a serious offence and should never be considered a simply a minor traffic offence. DUI charges and subsequent convictions can have far reaching and long lasting consequences so you need to consult with a Tampa DUI attorney as soon as possible.

A Background Check on People Using Federal Court Records

admin — Tue, 16 Mar 2010 07:40:04 +0000

One of the best ways of performing background check on people is to have access to the federal court records. This database contains essential information relevant to your investigation. The information that you shall get from this lookup contains records of people having court cases that belong to the federal files.

Why You Need a Qualified DUI Attorney

admin — Mon, 15 Mar 2010 07:30:23 +0000

Many fail to realize just how serious a charge of DUI is and instead treat it as just a minor traffic offense. In reality the consequences of being charged with driving under the influence can be far reaching and last long after you have served any penalty handed down. So if you are facing charges of DUI then you need to hire a Tampa DUI attorney to represent you as soon as possible.

What is the Difference Between Assault and Battery?

admin — Sun, 14 Mar 2010 07:20:14 +0000

Assault and battery are both constituents of trespass to the person, which protects the claimant against interference with his or her person. However these acts need to be carried out intentionally, by direct and immediate actions and are actionable per se, meaning no proof of damage is necessary. To the lay citizen these torts are perhaps better recognised as criminal offences and the defendant will normally face criminal rather than civil charges for such actions.

Is the Law on Recklessness Too Harsh?

admin — Sat, 13 Mar 2010 07:10:04 +0000

What is recklessness? - Recklessness is the taking of an unjustified risk; a person could be reckless as to a consequence occurring or to the actual circumstance. However, not all risk-taking is unreasonable; circumstances may exist which justify taking a risk. Whether taking a risk is justifiable depends on balancing of the social utility or value of the activity involved against the probability and gravity of harm which may be caused.

What is DUI Diversion

admin — Fri, 12 Mar 2010 07:10:02 +0000

Some states have a special option for first time DUI offenders call a DUI Diversion Program. If you do not have a previous conviction, have not been on diversion before, and your arrest wasn’t the result of an accident, you might be eligible for such a program. Kansas and Oregon are two states that have DUI Diversion programs, while other states have a more general differed prosecution programs for first time offenders.

Specifically, the diversion program is an agreement whereby giving up your right to a speedy trial and trial by jury, you can avoid a DUI conviction. You will still have to pay fines, in addition to attending alcohol and drug educational classes, and agreeing to abstain from all drugs and alcohol for the duration of the diversion program (typically 1 year).

Expect to be placed under supervision of an diversion officer who may order random drug and alcohol screenings throughout the period of your diversion. If for some reason your fail to meet the requirements of the program, i.e. have your diversion revoked, your criminal case will be resume. Also the diversion will not have any impact on your DMV administrative hearing and your driver’s license will be suspended or revoked per your states laws.

One last note concerning these type of programs, if at a later date you are charge with another DUI or DWI, your previously differed conviction will still be counted as your first charge and you will be treated as a multiple DUI offender.

To learn more about what to expect for DUI fines and fees or to read more about the DUI process in general visit, http://soyougottadui.com.

Article Source:

http://EzineArticles.com/?expert=John_Herrman

DUI Fines and Fees - What a Conviction May Cost You

admin — Thu, 11 Mar 2010 07:00:04 +0000

With a DUI charge you are possibly facing jail time, community service work, probation and driving privileges. On top of that, the judge in a DUI case can also impose additional monetary penalties. So how bad is it going to get when it comes to DUI fines and fees? That depends greatly upon what state you live in, and even when the arrest was. For example a first time DUI offender in Kansas was fined $1000 in 2000, but that fine was increase to $1500 in 2007. A second time offender in Kansas will be looking at a $2500 fine for a DUI conviction. Keep in mind that the judge has some discretion when ordering the fines so they can be more or less in a given situation.

Also once the amount of the fines has been determined, you will have a limited time to pay it. It is best to be up front with the judge on your ability to pay the DUI fine. Be prepared to make minimum payments on a monthly basis. If an emergency occurs that makes it impossible for you to pay your fine on time, you can ask for an extension from the judge. But this is an option that you can only use once.

Some additional DUI fees you may be faced with:

Random urine analysis (UAs) lab fees: $25 per, several times a month

Installation and use of an ignition interlock device; $100 a month

Drug and alcohol abuse screening: $100

Mandatory drug and alcohol consoling: $50 per visit, 4 or more visits

DUI victims panel: $50

Intensive drug and alcohol rehabilitation: $3000-5000

Sex Crime Attorney - Why Hiring a Sex Crime Attorney Is In The Best Interest of the Accused

admin — Wed, 10 Mar 2010 06:50:04 +0000

The courts recognize several different types of sex crimes and with the expansion of the World Wide Web and cell functions, the laws are constantly changing to reflect this new technology. Whatever the charge is, you need a sex crime attorney on your side that is up-to-date on the current laws and charges. If you have been accused, you have a right to a legal defense. Before you dismiss the idea of hiring a sex crime attorney, consider these factors.

1. It is not an admission of guilt. When you watch a television show and the accused clams up and asks for a lawyer, you probably say “That guy must be guilty.” But, asking for legal counsel is obviously not admission of guilt. In fact, it just makes good sense to refrain from talking until your sex crime attorney is present. According to the laws of our land, everyone is innocent until proven guilty and everyone is afforded the right to legal counsel. That goes for the innocent and the guilty. So, don’t let the perceptions of others deter you from looking out for yourself.

2. It is naïve to assume the case is built on good evidence. Because this is your life we are talking about, you should not just accept that evidence and witnesses at face value. It is your lawyer’s job to make sure that the prosecution’s case is built on facts and that evidence has been handled appropriately.

3. The cost of a defense is minimal to the emotional cost. Consider your friends and family if you are convicted and given the maximum sentence for the charge. While you are thinking of protecting yourself, remember that it affects everyone who loves you.

4. The cost is also minimal to the professional cost. While being charged with this time of illegality can hurt you in the work place, a conviction is much worse. Once you have served your time, you become part of a public registry and may never be able to separate yourself from the past.

A sex crime attorney has your best interest at heart. It is his job to make sure you are fairly represented in court and that you are either cleared of the charges or at least receive a lesser sentence. Your life, your family and your career is on the line so you want to hire someone who is experienced in defending these types of cases. Most importantly, you will have to be completely honest with him so he can build the best defense.

Expungement - How Long Does it Take to Expunge a Criminal Record?

admin — Tue, 09 Mar 2010 06:40:04 +0000

In legal terms, an expungement is a legal procedure where someone who is a first time offender tries to have the records of their offense sealed by the courts, thus making them unable to be seen in police and federal criminal databases. When the record is sealed, the legal term commonly used is that it has been “expunged”, essentially making it as if it never even happened. You should not get the terms “expunge” and “pardon” confused however, as they both mean very different things in the legal system. When a criminal record is expunged, as far as everyone is concerned, the record never existed in the first place. If someone is granted a pardon, they essentially given forgiveness, but the record still remains on their profile and is never erased.