Archive for the ‘Defense’ Category

posted by Law Help on Oct 23

The hallmark credentials that you want to see when hiring a San Diego criminal defense lawyer on a serious felony charge are pretty much the same for a criminal defense lawyer anywhere. When you are charged with a serious felony in a state court system where your exposure is many years in prison you don’t want someone “practicing” or dabbling on your matter. You want a consummate talented and respected professional that regularly handles the type of criminal charge that you are charged with.

The bottom line is that you want a lawyer with a winning reputation. The profile that makes up that type of lawyer consists of a number of characteristics. You want a lawyer that is well educated. While the law school a lawyer went to isn’t necessarily the characteristic that makes the difference, the better law schools produce lawyers who understand the theory of the law better which makes them better able to make arguments that persuade judges.

You also want a lawyer who has a good presence and who is respected in the courts. The more respected your lawyer is, the better he will be able to negotiate, win critical motions, and get rulings favorable to your case. A good lawyer who is respected in his community will be respected anywhere he or she goes to handle a case. The prosecutors and the judges get the picture quickly by the way the lawyer handles themselves.

You want a lawyer who has been practicing many years if your case is a serious felony such as murder, vehicular manslaughter, forcible rape, or child molestation. The more years a lawyer has practiced means that he or she has handled more situations, more cases, and more trials. That combined experience means that they will be able to analyze your case quicker and with more accuracy than a lesser experienced lawyer. Years of experience means they know all the moves and how to implement them effectively at the right moment.

Make sure your lawyer has successfully handled many cases of the type of charge you have. If you are charged with murder, for instance, you want a lawyer who has handled and tried several murder cases. A top gun lawyer should be able to cite several examples of jury trial results and favorable settlements in the type of case you have. There is no reason not to hire a lawyer with a long record of winning. Every lawyer has won a case or two. You want the lawyer with a long list of successful results.

In every major community in this country competent skilled professionals exist who are capable of getting you the best results. A little work trying to find one will be worth the effort. If you throw your money away on someone who isn’t up to the task you won’t find out until it is too late. You can always change lawyers but you may have spent all of your resources. Major Tip: Don’t ask people to refer you to a good lawyer. You may just be getting a friend or a business referral. Ask people: “Who are the five or ten best San Diego criminal defense lawyers to handle a serious state court felony trial case?” You will likely get a list of great lawyers. The good lawyers will all talk to you and you will be able to see the difference and choose who you are most comfortable with and can afford.

By: William F. Nimmo

About the Author:

William F. Nimmo is a highly regarded San Diego criminal defense lawyer who has successfully defended residents statewide for nearly three decades. He has been a San Diego criminal trial lawyer of the year and has been awarded the Directors’ Award for Excellence by the San Diego Criminal Defense Bar Association. See http://www.nimmolawgroup.com/ for more information.

posted by Law Help on Oct 15

            Yesterday your client had a life.  That may change as a result of today’s indictment. 

            Yesterday your client was a businessman, an owner.  He was a husband and a father.  Today he faces the possibility of losing everything, his family, his freedom, his future, his dreams, and his reputation.  His life may be changed forever.

            Yesterday your client told people what to do.  His demands were met.  Starting today your client is in the grips of the government and he will be told what to do.

Yesterday your client was known for his power, his prestige, and his philanthropy.  As of today his name will be preceded by the title “the defendant.”

           

Your client is going to be making certain critical decisions that will have an overwhelming impact on his future.  He will have to make these decisions at a time when he will be ill equipped to make them.  He will be suffering from massive stress and his family will be thrown into turmoil and fear.  His normal resources may be cut off and he is going to have to put his faith in others.  Even though he doesn’t want to trust anyone, he is going to have to trust you.

 

            He can trust you.  You are the criminal defense expert.  This is your business and this is what you do.  You are the lawyer.  You know the law.  All of your knowledge, training, experience, and resources are devoted to obtaining a successful outcome for your client.  So what’s the problem?

The problem can be summarized in a simple number, a statistic – 93%.  Approximately 93% of all people indicted by the US Attorney’s Office are convicted.  And most of those spend time in federal prison. 

 

            Your numbers are better than that.  That is one of the reasons why you have the reputation and stature that you do.  Despite these well known and overwhelming odds, you are still able to win.  That is all your client wants.  Boy does he want you to win.

 

            So your job, your focus, is to navigate the time period between your client’s indictment and when he is sentenced.  Even in those rare instances where there is a trial, you’re essentially done when he is sentenced.  Great.  On to the next case.

 

But not so fast.  A few things have happened to your client in the meantime.  Chances are he is now a felon.  Chances are he is facing a prison sentence.  Chances are he is scared to death.  And chances are things happened between the indictment and sentencing that will affect how much of his sentence he has to serve, where he has to go, and what he will do when he gets there. 

 

Your white-collar client expects, as he always has, to have expert advice available to him to answer the questions that are consuming him and his family: 

“Where am I going to go?”  We don’t know.  The judge made a recommendation but we don’t think the BOP is required to follow it.  “What?!”

“What is it like in prison?”  We don’t know because we’ve never been.  “What!?”

“What can I bring?”  Check the BOP web site.  “I did and it didn’t help.”

“What kind of people are there?”  “What will I do all day?”  “Is it violent?”  “Is there any way to get out early?”  “Can I bring my medicine?”  “Can I see my wife?”  “Can I see my doctor?”  We don’t know.  Check the internet.  Maybe there are some books. 

 

I was indicted.  I was represented by fantastic lawyers and they did an amazing job.  And, as most are, I was also convicted.  Fortunately my lawyers really shined when it came to sentencing.  But, and this is a big “but” for someone in my position, my lawyers could only help up to a point.  I had all of the questions your clients ask, and so many others.  But no matter where I looked I couldn’t get answers.  Consequently, I walked into federal prison apprehensive and anxious.

 

Truthfully, even if your client and his family are relentless with their questions, you can’t be expected to know everything.  And unless, heaven forbid, you actually go through this experience yourself, you can’t really know how to answer certain types of questions.  You can’t be expected to provide answers for things you don’t know, but your client doesn’t know who else to ask.  And your client doesn’t even know what to ask.

 

However, you didn’t get to where you are in your profession by being satisfied with what you don’t know.  If you don’t know something, you want to at least know where to go for answers.  You go to the experts for the advice you need.  But what are you supposed to do here? 

Let me tell you from my experience that your client will want to talk with someone who has been there, someone like him, a white collar professional who had been put in an untenable situation with no knowledge of how to navigate the ordeal.  And I know that he should talk to that person early enough in the process to make a difference. 

 

For example, the first serious thing that will happen to your client happens early, and it is a major event.  It won’t seem like much.  It didn’t seem like much to me.  And given the casual way this event was handled by my lawyers and everyone else, I had no clue of the significance of this brief meeting.  I’m talking about the meeting with the probation officer that leads to the PSR/PSI.  You may know how important that document is during the sentencing process.  I now know, because I’ve been through the system, that the report is very important for other reasons too.  The PSI report turns out to be the first thing read by each member of the BOP staff each time they come in contact with a new inmate.  They rely on the content of that report, to one extent or another, for every decision they make while someone is in prison.  The content of that report is used to make decisions as wide ranging as bunk assignments, medical care, and qualification for sentence reduction programs.  Yes, having the right advice at the commencement of the sentencing process can help your client ease his stay and, most importantly, help him to reduce his time in prison.  Not having that advice early enough is like leaving the handcuffs on.

 

Dealing with the BOP is not always intuitive.  In one case, a former lawyer who was represented by a prominent attorney appeared at a sentencing hearing with a negotiated prison term.  During the hearing, this highly respected criminal defense lawyer successfully argued for a three month reduction in the pre-agreed length of the sentence.  Although this sounds like a wonderful result, a result that would confirm the value of that defense lawyer, it was not.  Neither the client, who had been a lawyer, nor his criminal defense attorney, realized their mistake.  As a result of the three-month reduction in the sentence, the client was no longer eligible for a BOP program that would have reduced the defendant’s sentence by 15 more months!  Yes, due to the rules governing programs available to prisoners, the 3-month reduction in the sentence meant the defendant was no longer eligible for a much larger reduction in his sentence. 

 

 Are you responsible to know all about the mechanics of BOP operations and   prison life?  The answer is no.  These are not legal questions and this is not legal advice.  But how much of your time has been consumed away from the “legal” side of your cases over the years by these same questions?  If an expert had been available to your client, someone who could answer these questions, then you could have spent more of your time on his case.  After all, you have someone prepare trial graphics, you use jury consultants, economists, and other experts.  This is another way to provide your client with better service and free up your time to do what you do best.

 

You know that there is critical information that can provide valuable advantages to your client. Given the likelihood that someone who is indicted will be incarcerated, your client should be referred to an expert on these matters from the very beginning of the case.  Once in the system, everything you know about getting what you want or need, and how to get it will have changed.  Sometimes doing the right thing can be wrong.  This is a bureaucratic system and the people and their tactics must be understood by anyone who wants to safely navigate through the prison experience.

 

White collar defendants are best served by an expert who was also a white collar defendant.  I am one of these experts.  I am a former attorney who was indicted and became a federal prisoner.   I vividly recall all of the questions I had.  I vividly recall my own concerns and fears and those of my family.  But most importantly, I was the clerk at Lompoc, where I was responsible for resolving the day-to-day problems of 600 prisoners.  It was my job to introduce all of these men to prison and to act as their unofficial ombudsman with the staff and administration.  I use all of those experiences when I consult with those who are indicted and who are going through this process.  I know that my time spent with these people and their families is going to make their experience more bearable – the time before prison, the transition to prison, and their stay as a “guest of the government.” 

 

I pay particular attention to those things that can make sentences as bearable and as brief as possible.  I also know that, because clients are not distracting their lawyers with questions that I can answer, their entire legal team functions more smoothly.

 

WhiteCollarSentencingConsultants.com

310-560-8000

By: Geoffrey Mousseau

About the Author:

I own White Collar Sentencing Consultants, Inc. No other company provides our services because no other company has our dedicated staff. The heart of our company is an experienced attorney who has tried over 100 jury trials. He also recently spent 15 months in Federal Prison where he worked as the Lompoc Camp “clerk” until early 2008. His duties there included resolving the complaints and problems of over 600 prisoners, with staff contact at all levels of administration. He can answer your questions and provide counsel through this process with compassion and commitment because he has been there. He has the unique and valuable perspective of a lawyer who was an inmate.

posted by Law Help on Oct 14

Are you interested in finding a good San Diego DUI lawyer to help you with your DUI arrest? If you have been arrested for drunk driving, don’t let the authorities decide without you taking any defense. You are entitled to look for a San Diego DUI lawyer and ask him/her for help. Here is some advice regarding getting a San Diego DUI lawyer for the best price.

In San Diego, drunk driving is a very common offense. So, because DUI convictions are so many, the number of DUI lawyers is accordingly. The downside for this fact may be that you don’t know which lawyer to choose, being so many available.

However, it is better to have various options to choose from. The cost and the interest provided may differ from one San Diego DUI lawyer to another. The first step you should take is to find out a list of attorneys. A good source for this is the Internet, because many lawyers have websites, and you can find there information on costs and services.

The next step is to choose some names from that list and go to every San Diego DUI lawyer on your list and ask for advice. Thus, you can make a personal opinion about him/her, the help provided and the price required. Once you have decided, be sure that the San Diego DUI lawyer will try to do his/her best to get you out of trouble. Remember that he/she knows what a drunken driving accusation involves and how to defend the person accused.

For more resources about San Diego DWI lawyers or about San Diego drunk driving or even about San Diego DUI defense lawyer please review these links.

By: Groshan Fabiola

About the Author:

For more resources about San Diego DWI lawyers or about San Diego drunk driving or even about San Diego DUI defense lawyer please review these links.

posted by Law Help on Sep 17

A criminal defense lawyer is a legal professional who formulates a case in order to represent a client who has been accused of a crime. In case you live in Sydney and you are in the hunt for a good criminal defense lawyer, it would be wise to look for one who has the expertise in matters ranging from fraud, murder, assault, robbery drink driving, drug matters, sexual assault, bail applications, license appeals, coronial inquests, and representation in professional regulatory tribunals.

The job of a Sydney criminal lawyer defense is to educate, negotiate and litigate. Your lawyer will start by educating you about legal arguments in a language you can understand. In the event that you have been accused of a crime, you have to be aware of the elements of the crime. Likewise, you need to understand the evidence that the prosecution has to support those elements.

Choosing and hiring a Sydney criminal defense lawyer early on in your legal battle should be your top priority since it is the best way to boost your chances of success in any criminal trial. If you hire a good lawyer early on, there may be no need for a trial at all since you have given your lawyer ample time to organize your case well. In so doing, you give yourself the opportunity to dodge the bullet on time.

To make sure that you have one of the best criminal defense lawyers in Sydney, there are certain basic guidelines that you need to follow. First, do a background check on the lawyer you intend to hire. Does he have specialization in criminal defense? Try to determine whether he belongs to any legal organizations. If the lawyer is a member of a reputable organization, then you’re most likely in good hands.

Next, look at his credentials and track record. Scrutinize his past case performance to gauge whether he is suited to represent you fully in your case. It would be best if he has experience in handling cases similar to yours, and that he was able to execute well. Make sure that the lawyer is not burdened with so many clients so he could handle your case well and provide you with a good defense.

Once you have selected a lawyer based on the research you conducted, the next step would be to schedule for an interview. The moment you meet the lawyer and have spoken to him, you can obtain more information and somehow gauge whether he is the right Sydney criminal defense lawyer to represent you in court.  Finally, never hesitate to ask questions. Feel free to ask about legal fees and payment details, if he will be the one to personally handle your case, scope of the case, and other pertinent details. It would be to your advantage if everything is clear and transparent.

It would be good to bear in mind these guidelines when choosing a criminal defense lawyer in Sydney. After all, it is your head that is on the line.

PR: wait… I: wait… L: wait… LD: wait… I: wait… wait… Rank: wait… Traffic: wait… Price: wait… C: wait…

By: Benard Worseley

About the Author:

I am 23 year old student on my last year of study at the University of Sydney (Sydney), majoring in Information technology.Visit The Defenders for Criminal Defense Lawyer

posted by Law Help on Sep 7

Being charged with a crime is not something that anyone would actually enjoy, being accused of theft is even more worrying. There are lots of different forms of theft charges and some of these are felony charges while others are seen as a misdemeanor. Understanding all of these types of theft is complicated and confusing.

The first thing that you should do is find yourself a criminal defense lawyer who will be able to defend you. A criminal defense attorney with lots of experience will be able to help you understand the charges and come up with the best course of action. Talking to a lawyer will be the only way for most people to get an understanding of the charges, once you know what you have been charged with and how to go about defending your case you stand a much better chance of succeeding.

The bill of rights means that you are guaranteed to have access to legal representation, however simply using a court ordered attorney will not be the best way to deal with the charges. These attorneys may try to work with your best intentions in mind; however they deal with so many different types of cases which means they may not have specific experience. This means they may be lacking the experience necessary to represent you properly. You will want to have a lawyer who has lots of experience handling cases which are similar to yours.

Court ordered attorneys are also very busy people who often have lots of cases on their books at the same time. This means that they will probably want to settle for a plea bargain as soon as possible. This might be a suitable option, but at other times you might be better off taking your case to court. You need to choose a criminal defense lawyer who is willing to take the case to court if necessary.

If you feel that taking your case to trial is the only way to go about things then you should choose a lawyer which has experience with trials. These lawyers will have experience with how to present evidence to the court. They must also be able to use human knowledge to their advantage to convince the jury and judge. The more courtroom experience an attorney has, the more likely they will be able to build a strong case in your favor.

When you’re looking for the right lawyer you need to make sure you are comfortable when talking to them. It’s very important that you give your lawyer truthful answers as this will help your case. Many people who are charged with theft are not comfortable to talk about their case with anyone else, including their lawyer. You need to find a criminal defense attorney who you will trust and feel comfortable with.

Another key thing to think about is how successful the attorney is. All lawyers are surprisingly human, and this means that they have all lost cases in the past. It’s impossible to find a lawyer with a 100% success history. Make sure you find a lawyer who is reliable and has a good success rate. A strong success rate will make it much more likely that you will succeed.

By: Colin Daives

About the Author:

Colin Daives writes general information articles about criminal and DUI law. Each state has different laws and every case is unique. His articles are not meant to be legal advice. To learn more, contact a Colorado DUI attorney or for assistance with your case in the state of Colorado, contact a Denver criminal defense attorney today.

posted by Law Help on Sep 7

It is only a Criminal Defense Lawyer Rochester MN who can find out whether you have been charged under correct charges or with something more serious than warranted by the law. The Criminal Defense Lawyer along with the prosecutor can work to reduce the charges, so that you can receive less harsh punishment, or be acquitted if your lawyer is competent.

Not Enough Evidence against You

A Criminal Defense Attorney Rochester MN is the only person who can decide whether the prosecution has enough evidence against you or not. There are times when the prosecution and Criminal Defense Lawyer manage to work out an arrangement so that you do not have to appear in court for most of the trial period. Your Criminal Defense Lawyer Rochester MN takes all the information provided by you and makes an attempt for a deal with lesser charges or sentence. He or she can even try to prove that you are innocent if the evidence against you is insufficient.

Your Lawyer will Prepare Your Case

During the preliminary hearing, your Criminal Defense Lawyer Rochester MN will plead not guilty for you. After the first hearing a new date will be decided by the court so that your Attorney can get some time to prepare your case. Your lawyer will also get access to findings and facts, revealed in a discloser by prosecution. This is a time when Criminal Defense Attorney Rochester MN will advise you what the position of your case is.

Consult with Lawyer before Making a Statement

The moment you get the information about your impending arrest, you should hire a Criminal Defense Lawyer right away. If your lawyer is not present, you should try your best to avoid talking about your case. Your lawyer will first go into the details of questions, and will advise you whether to answer them or not. Whatever you say during your interview just after your arrest may be used against you during trial. The Criminal Defense Lawyer Rochester MN will make sure you don’t say anything that may harm yourself later on.

The cases in which your lawyer may help you include Bench Warrants, Violation of Parole, Murder Charges, DUI and Kidnapping Charges among others. Right when you are accused of a crime, keep silent during an interview till the time your lawyer arrives. The authorities try to extract a statement from you, but even innocent people can say something that may go against them in future. If you have been charged under serious offenses such as Kidnapping and Murder, it’s even more important to give a statement to the authorities only after you have consulted your lawyer.

You Can Monitor Your Lawyer’s Performance

If you are making a request to the court to change a lawyer appointed by the court, chances are your request won’t be granted. In that case, you will have to prove that your lawyer is thoroughly incompetent (which is very difficult). Whereas if you have hired your own Criminal Defense Attorney Rochester MN, you can fire them whenever you feel your case is not being presented properly. There is no need to justify to anyone else why you fired your Criminal Defense Lawyer Rochester MN.

Residents of Rochester MN accused of a crime should hire and appoint a competent Criminal Defense Attorney Rochester MN to fight their case in court. Hiring the services of a competent and experienced Criminal Defense Lawyer Rochester MN , well versed in Criminal Law, is important to a case, whether the defendant is guilty or not.

By: Sunil Punjabi

About the Author:

I am a Microsoft Certified Professional (MCP,MCSD, MCAD.Net,MCSD.Net, MCP-.Net 2.0). I have been conducting Training and Certification Guidance for Microsoft Certifications for the past 8 years. I also own and manage a Web Design and Development Company and a SEO/SEM Company. I also like to write Articles on various subjects.

posted by Law Help on Aug 21

Every day at least one potential client asks me, \”What can you do for me?\”  It is natural enough.  A person has been charged with a crime; they are concerned about their future; and they are confronted with the expensive prospect of hiring a lawyer to defend them against the charges.  Before they make that expenditure they want to know what they are getting for their money.  Usually when we spend money we get something tangible in return.  Unfortunately, hiring a lawyer is different.

A lawyer cannot ethically tell a client how the case is going to turn out based on an initial consultation.  Before the lawyer can even give an opinion the lawyer has to review the evidence and communicate with the prosecutor.  If the lawyer could promise a certain result the implication would be that justice is for sale.  In other words, the lawyer would be suggesting that if the client just pays a certain fee than the opinions of the prosecutor, judges and alleged victims are irrelevant.   Although there are many problems with the justice system in America, fortunately it is not simply for sale.

To be sure, a lawyer can say things like, \”Assuming everything you say is true, based on my experience this is probably what is going to happen.\”  However, potential clients should be wary of statements like this.  Everyone is biased towards themselves, and all the more so when the stakes are high.  Few clients, whether they be guilty or not, relate the facts of the case in the same way as the alleged victim does.  As a result often neither the prosecutor nor the court will end up accepting the potential client\’s version of events as the whole truth.  Yet the worried potential client wants assurance that things are going to turn out o.k., and that his or her version of events will be accepted by either the prosecutor or the court.  So most often, when a lawyer says, \”assuming everything you say is true, this or that will happen,\” the client hears, \”if you hire me, then the result will be this or that.\”

Well, if one should not hire a lawyer based on a predicted result, on what basis should the client hire a criminal defense lawyer?  First, qualifications such as experience; board certification; Super Lawyer ranking; Martindale-Hubbell AV ranking; quality of legal education, etc.  Also, you should meet with your potential lawyer and base your decision on personal rapport.  Ask yourself does this lawyer seem honest, ethical and competent?  Is this the kind of person I want to stand up in court on my behalf and credibly represent my interests?  These are the questions one should ask themselves rather than what is this person promising to do for me.

By: Clint Broden

About the Author:

Clint Broden of Broden & Mickelsen Law Firm is board certified in the area of criminal law and his practice is limited to criminal defense work. He has received an “AV” rating from Martindale Hubbell, the highest rating available. Although he handles all types of criminal cases, Clint Broden specializes in complex, criminal cases in federal court at both the trial and appellate level.

posted by Law Help on Aug 13

I have always loved to read. I am fascinated by words. What they mean and how they can affect people. Words have power.

 

In the world of New York DWI defense words like standardized, validated, reliable, accurate, coherent, calibrated, impaired, intoxicated, reasonable, and fair all have a specific meaning within a specific context. You can never fully understand a word without context. That is why even at spelling bees the participants are given the word within a sentence.

 

Definitions of terms (words) lead us to judging a set of facts and seeing if they fall within an agreed set of conditions. We all saw this take place when former President Clinton was cross examined as to his relationship with Monica Lewinsky. Before answering the questions pertaining to the word sex, the President wanted an agreed upon definition for the term. Can you please define “sex”? Can you please define the word “the”?

 

In the Jones deposition on January 17, 1998, the President denied having had “a sexual affair,” “sexual relations,” or “a sexual relationship” with Ms. Lewinsky.

 

Then testifying before the grand jury on August 17, 1998, seven months after his Jones deposition, the President acknowledged “inappropriate intimate contact” with Ms. Lewinsky.

 

As to his denial in the Jones deposition that he and Ms. Lewinsky had had a “sexual relationship,” the President maintained that there can be no sexual relationship without sexual intercourse, regardless of what other sexual activities may transpire. He stated that “most ordinary Americans” would embrace this distinction.

 

The President acknowledged that [A] person engages in “sexual relations” when the person knowingly engages in or causes — (1) contact with the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to arouse or gratify the sexual desire of any person . . . . “Contact” means intentional touching, either directly or through clothing.

 

According to what the President testified was his understanding, this definition “covers contact by the person being deposed with the enumerated areas, if the contact is done with an intent to arouse or gratify,” but it does not cover oral sex performed on the person being deposed.

 

In the President’s view(and understanding), “any person, reasonable person” would recognize that oral sex performed on the deponent falls outside the definition because Ms. Lewinsky performed oral sex on the President, then — under this interpretation — she engaged in sexual relations but he did not.

 

I wish I could get away with using this logic on my wife. I can see the conversation now, but honey … it’s not sex if only she’s (my new girlfriend) performing and I am not (technically). So what has defining sex (in this way) have to do with defining Intoxication and New York DWIs.

 

Well first we have all agree upon a NYS legal definition of INTOXICATION. The charge of VTL 1192 (3) is “common law” DWI, and the term intoxication is a specific term of art.

 

People v. Cruz is the primary New York case to look to when defining the term intoxication.

The NYS legislature has never included a definition of intoxication in the drunk driving statutes but the Cruz case gives us an applicable standard:

 

“the standard for determining intoxication is constant; that is, whether the individual’s consumption rendered him incapable of employing the physical and mental abilities needed to, for instance, form a specific intent, understand the nature and effect of a contract, or to testify truthfully and accurately”

People v. Cruz, 399 N.E.2d 513 (1979). This was somewhat vague so the Court stated further:

 

“In sum, intoxication is a … degree of impairment which is rendered when the driver has voluntarily consumed alcohol to the extent that he is incapable of employing the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver.”

 

So there you have it, sometimes sex and intoxication only occur if we can all agree upon their meanings. In a legal setting the lack of objective standards to determine whether a person is intoxicated has led to the “per se” DWI offenses. In future articles, I will discuss VTL 1192 (2), DWI “per se” which means you are DWI when you have a BAC of .08 or higher.

By: DWI Defense Lawyer Larry Newman

About the Author:

Originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer and my mother a waitress. I now live in Ithaca, NY with my wife (of 20 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing DWI defense law within the Fingerlakes Region of New York State.

www.ithacadwi.com
607-229-5184

posted by Law Help on Aug 11

If you are in the unfortunate position of being charged with a criminal offense, it is essential that you retain good criminal defense lawyers immediately to preserve your rights. There are many factors that go into a criminal charge, and your defense law firm will have specialist attorneys and staff that are experienced and who can dig deep into any factor that is part of your case.

Criminal charges may be brought against a person for many reasons, from DWI/DUI traffic violations, drug offenses, white collar crimes, and personal injury cases such as assault, theft, or sex crimes. These crimes can involve incarceration and felony charges, and you would need an aggressive defense to reduce or eliminate them on your behalf.

Criminal defense lawyers know the US and Minnesota laws pertaining to these serious charges and can help you. If violence is involved, or threat of violence, or even a hint to cause harm, you could find yourself locked behind bars for years. Criminal charges can be brought for crimes against a person, or a business, or for theft from a person or business. Larceny, robbery, and burglary penalties can vary according to the value of items involved. An aggressive defense is required to defend yourself against unfair charges and extreme sentences.

Much has been in the news lately about white collar crimes, and the damages caused by internal sabotage, insider trading, fraud, computer crimes and embezzlement. What a person may think only hurts a business can actually harm many more humans in the process. A trial for these matters also demands an aggressive defense against harsh sentences.

For drug offenses, unlawful possession, sale, or use of banned substances can result in jail time. Growing, manufacturing, or making narcotics will have similar penalties. These crimes can put you away for decades, as they are serious offenses. Each case is different, but your experienced group of criminal defense lawyers can sort out the details to help you in court and on appeals.

A crime that will restrict your freedom is serious, and having a team of attorneys who will pursue every avenue of knowledge in such matters is exactly what you need when you appear in court to answer the charges against you. A team that knows and has successfully handled appeals on criminal charges may be able to help you. They are aware of court procedures and restrictions and deadlines involved that must be followed to the letter.

You cannot defend yourself against criminal charges. There is an old saying that the person who defends himself has a fool for a lawyer. Do not lose your freedom or rights because you hesitated in contacting criminal defense lawyers. The time to bring in your defense team is immediately, at your first available call. They will go the extra mile for you, no matter how difficult the trial, or the defense seems to be.

When the chips are down, and you stand alone in the courtroom to face criminal charges, you want to know that you have presented the best defense case possible. Your criminal defense lawyers can give you the best chance possible when you are faced with a criminal offense.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

By: George Kline

About the Author:

A Minneapolis MN criminal defense lawyer at a local law firm can provide you with an experienced criminal defense attorney in Minnesota.

posted by Law Help on Jul 28

I have learned a great deal from many older mentors over the course of the years. My father died the day after my 17th birthday so naturally I have had many other father figures since that time. One of my closest and dearest friends, an excellent trial attorney in Pennsylvania, named E.J. Carreiro taught me to always begin with the end in mind. As a lawyer that means begin your case by looking at what needs to be proven. For a negligence case that means: duty, breach of duty, proximate cause (relationship between duty and the breach), and damages.

For New York DWI cases the government has the burden of going forward, the government has to prove their case beyond a reasonable doubt, and the government has to overcome the presumption of innocence.

Looking at the New York DWI Jury Instructions (the Judge instructs the jury with specific directions) for the per se charge (.08BAC or higher) VTL 1192 (2) states: Under our law, evidence that the defendant operated a motor vehicle, and that thereafter the defendant had .08 of one per centum or more by weight of alcohol in his or her blood permits, but does not require, the inference that, at the time of operation of the motor vehicle, the defendant had .08 of one per centum or more by weight of alcohol in his or her blood.

In deciding whether to draw that inference (a likely conclusion drawn from the facts) you may consider the results of any test given to determine the alcohol content of the defendant’s blood. In this case, the device (it is a machine) used to measure blood alcohol content was a Datamaster DMT (usually). That device is generally accepted instrument (machine) for determining blood alcohol content. Thus, the People are not required to offer expert scientific testimony to establish the validity of the principles upon which the device (machine) is based.

NOW COMES THE GOOD PART: In considering the results of any test given to determine the alcohol content of defendant’s blood you MUST consider:

1. the qualifications and reliability of the person who gave the test;

2. the lapse of time between the operation of the motor vehicle and the giving of the test;

3. Whether the device (machine) was in good working order at the time the test was administered;

4. Whether the test was properly given.

Note: We can always argue all the problems inherent with breath testing (an indirect measurement of blood alcohol), and all the problems with the machine. …

Nevertheless, in evaluating the evidence offered to prove that the defendant did operate a motor vehicle while having a blood alcohol content of .08 or higher,

the jury MAY also consider, in addition to evidence of the results of the chemical test and the circumstances under it was administered,

ANY evidence that, at times relevant to this charge, the defendant exhibited, or did not exhibit, signs of alcohol consumption. Thus you MAY consider evidence of:

1. the defendant’s physical condition and appearance,

2. balance and coordination,

3. manner of speech,

4. the presence or absence of an odor of alcohol,

5. the manner in which the defendant operated the motor vehicle (driving),

6. opinion testimony regarding defendant’s sobriety,

7. the circumstances surrounding any accident.

The key of course with attacking the per se 1192 charge is going after the machine, it is not an instrument, not a device, it it “La Machina” and as such needs to be treated as such. It is not forensically reliable or accurate by any scientific standards or measure.

Bringing this information (in simple terms) to the eyes and minds of the jury takes it off it’s pedestal. It is no more reliable than my vista software, my microwave, my vacuum cleaner, or my car on any given day. Accept those machines do not threaten me with jail, fines, probation, and alcohol treatment. —

By: DWI Defense Lawyer Larry Newman

About the Author:

DWI Defense Lawyer Larry Newman, I was originally, born and raised in Brooklyn, NY. My father was a NYS corrections officer and my mother a waitress. I now live in Ithaca, NY with my wife (of 20 years), and four kids. I have a B.S. in Human Biology, Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love practicing DWI defense law within the Fingerlakes Region of New York State. www.ithacadwi.com 607-229-5184