Showing posts with label Criminal. Show all posts
Showing posts with label Criminal. Show all posts

Wednesday, 26 December 2012

Removal Order Affirmed For Alien Convicted For Use Of Drug Paraphernalia

Marcelino Oseguera Madrigal was ordered removed from the United States in February, 2009, fifteen years after he pled guilty in Washington State to a reduced charge of use of drug paraphernalia. Oseguera had been originally arrested for possession of a controlled substance, specifically cocaine, before being removed by the Immigration and Naturalization Service.

In January, 2011, Oseguera was found back from Mexico and in the United States. He was arrested for being an alien in the United States without permission after deportation, in violation of 8 U.S.C. § 1326.

Oseguera then filed a motion in federal district court to dismiss the indictment under 8 U.S.C. § 1326 based on a collateral attack that the removal order was erroneous. Oseguera argued that he was not properly removed because his drug paraphernalia conviction was not a violation relating to a controlled substance.

It merits mention that in the Washington state complaint it was alleged that Oseguera used a silver spoon and lighter to inject, ingest, inhale or introduce into his body cocaine.
His motion was ruled upon by the United States Court of Appeals for the Ninth Circuit in U.S. v. Marcelino Oseguera-Madrigal (2012 DJDAR 15663). It merits mention for purposes of this article and the reader that while the underlying case involved Washington and not California law, the removal order was based on federal law that certainly is applicable to any alien in California.

The Ninth Circuit looked to other states within the Ninth Circuit and their statues relating to possession of drug paraphernalia and removal. In Luu-Le v. INS (9th Cir. 2000) 224 F.3d. 911, the Ninth Circuit held that Arizona's statute criminalizing the possession of drug paraphernalia was related to a controlled substance for purposes of the Immigration and Nationality Act. Likewise, in Bermudez v. Holder (9th Cir. 2009) 586 F.3d 1167, the Ninth Circuit held that a Hawaii statute was similar "relating to a controlled substance."

Turning to the Washington statute, the Ninth Circuit found it was identical in wording to the Arizona and Hawaii statutes, so removal of Oseguera was proper.

Oseguera also sought to collaterally attack the underlying Washington State conviction, citing to Padilla v. Kentucky (2010) 130 S.Ct. 1473 for ineffective assistance of counsel. The Ninth Circuit rejected this argument as well, saying such an attack was foreclosed by Custis v. United States (1994) 511 U.S. 485. Accordingly, the District Court was unable to consider the merits of Oseguera's ineffective assistance of counsel claim at all.
Turning back to the charge of being an alien in the United States without permission after deportation, Oseguera was found guilty. He was then sentenced to thirty-five months in federal prison.

In short, Oseguera's argument that use of drug paraphernalia was not a conviction relating to a controlled substance failed. The words of former U.S. Supreme Court Justice Oliver Wendell Holmes here come to mind. Holmes once wrote, "A word is not a crystal, transparent and unchanged; it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used." This quote was cited in Almar Limited v. County of Ventura (1997) 56 Cal.App. 4th 105, 106.

This short article was written by Greg Hill. He is an experienced criminal defense attorney in Torrance, California. He is a U.S. Naval Academy graduate (B.S., 1987), Boston University graduate (M.B.A., 1994) and Loyola Law School graduate (J.D., 1998). Greg Hill & Associates represents clients in Torrance, Long Beach and the surrounding areas in DUI, as well as other crimes such as domestic violence, drug offenses, theft offenses and restraining orders, among other crimes. Visit the firm's website at http://www.greghillassociates.com or the firm's Facebook page at http://www.facebook.com/pages/greg-hill-associates/198954460153651.

Tuesday, 18 December 2012

How can McKinney DWI lawyers help

Being arrested and also charged with a driving while intoxicated crime is a situation that is far of being pleasant. Under the circumstances, you may be worried about the impact of this charge on you and your future, on your family and career, and on any other aspect that concerns your life. You may be wondering what options you have and which way to take in order to return to your everyday life and live normally, without any stress and fears. Although you might feel alone and embarrassed, it is good to know that options do exist and a McKinney DWI lawyer is the person who can help you return to you normal life. McKinney criminal lawyers are prepared to assist you in your tentative of regaining your previous life style.

McKinney criminal lawyers know very well that all the persons who face criminal charges are passing through the most confusing, stressful and embarrassing time of their whole life. Therefore, McKinney DWI lawyers are determined to fight and protect their clients' constitutional rights and make sure that they are truly considered innocent until they are proven guilty.
Some of the McKinney criminal lawyers have been prosecutors in the past and they master the strategies as well as the techniques that are used by the government's attorneys when they try to secure a conviction against somebody. They also know what can be done to defend their clients against such lawyers. The McKinney DWI lawyer will work with the client personally in order to build a strong defence supposed to reduce the charges against the client. This way, the chances of winning the trial are significantly increased, while long-term consequences that the client may face are reduced.

It is known that criminal cases use to be very complex. Under the circumstances, the smallest detail may have an important effect on the outcome of the whole case. Here comes the importance of the legal representative, who has to be an experienced criminal attorney, fairly aggressive and attentive to details. Choosing a lawyer with these qualities is probably one of the most important steps a person takes in order to successfully fight criminal charges.
Most law offices have experienced attorneys who cover criminal charges like DUI, DWI, drunk driving, theft, fraud, assault, burglary, drug charges, weapons charges, juvenile delinquency, federal crimes, sex crimes, and other criminal matters. Private lawyers give their clients all the time and attention required to obtain the most possible out of the case in favour of their client. Any available options will be discussed with the clients in order to make them understand what the ways are; they can get the best solutions for their cases.

Saturday, 8 December 2012

Why You May Need An Attorney That Specializes in DWI/DUI

In all the fifty states of the USA, law forbids the driving of any vehicle while being intoxicated with alcohol or any other such substance. This violation is referred to as Driving Under the Influence (DUI) in some states, while other states refer to it as Driving While Intoxicated (DWI). Drivers charged for DWI/DUI usually seek the help of a professional DWI attorney, a lawyer who deals with such cases and who agrees to argue the case of the driver that is accused during all legal trials.

Firstly, a DWI attorney is a legal representative who is authorized to carry out the law in the same state in which the alleged felony occurred. Just as how other legal representatives may handle cases of personal injury or domestic violence, a DWI attorney chooses to specialize in cases of accusations of driving while drunk. This usually means that the speech and application of the laws concerning DWI in the State, have been studied by the lawyer and he or she is believed to be able to effectively defend a client faced with such charges.

While the trial is in session, a DWI attorney will question the process's legality which was carried out by the officer who carried the arrest. For instance, the police officer may have failed to inform the defendant of his rights. The tests for determining intoxication may not have been carried out on an even surface or under conditions that were not very ideal. It could be that the defendant was exhausted at the time, or may have been suffering from illnesses such as hypoglycemia of diabetes.

The alcohol blood test results may also be disputed by the DWI attorney. The breathalyzer may have been incorrectly adjusted, which makes the reading incorrect. The test may have been wrongly administered by the officer, or the driver may have a medical condition which may have caused high levels of alcohol to have been registered. The sample collected for the blood test while the accused was imprisoned may have been contaminated, processed improperly, or switched with a different sample. Although these implications of police conspiracy or incompetence seem unfounded and implausible, a DWI attorney is obligated to present them as legal defenses.

After the arguments of both sides have been presented in the presence of a judge or a jury, or even both, the defendant may then be deemed not guilty or guilty of Driving While Intoxicated. If he or she is deemed guilty, the DWI lawyer may attempt to obtain a sentence that is lenient based on the extenuating circumstances of the defendant or his or willingness to get treated for alcoholism.

Tuesday, 4 December 2012

Federal Bureau of Prisons Allows Inmates to Utilize Monitored Email Service

The Federal Bureau of Prisons (BOP) has implemented a monitored email service in conjunction with the Advanced Technologies Group (ATG) -- the same company which facilitates the BOP's MP3 service -- so that federal inmates can now email their family and friends. This service is accomplished via the use of the Trust Fund Limited Inmate Communication System (TRULINCS) and ATG's Corrlinks.com.

TRULINCS is a computer-based electronic infrastructure utilized within the Federal Bureau of Prisons to allow inmate involvement in a number of aspects which involve their communications. This includes the maintaining of their contact lists (postal mail, email, and phone accounts), internal emails with staff, monitoring of their commissary accounts, law library research, institutional notifications to inmates, and other electronic features.

TRULINCS is operated via computers housed in inmate housing units and in other areas of their respective prisons. All inmates are allowed access to TRULINCS computers, but not all are allowed access to the electronic messaging service. Each inmate is issued two specific authorization codes -- a seven-digit Phone Access Code number and a four-digit PIN number -- which are used in conjunction with their inmate registration number in order to utilize a TRULINCS computer. This allows for individualized accounts within the TRULINCS system of computers. By utilizing individual accounts, different inmates can be restricted from specific features, if necessary (e.g., email restrictions).

When an inmate logs into their TRULINCS account, they have the option of updating their contact list. Within their contact list is a field for public electronic messaging. When an inmate inputs an email address for one of their contacts, a system-generated email is sent to the contact announcing the inmate's desire to correspond with them electronically. The recipient then has the option of accepting the invitation by logging into Corrlinks.com and inputting a security code contained within the system-generated email. Once complete, both the inmate and the outside electronic contact are allowed to email one another.

The term "email" is somewhat of a misnomer because inmates don't exactly email their outside contacts. Instead, they email a message to Corrlinks.com and their outside contact can then log in to read the message and respond to it. The actual message from the inmate is never delivered to the outside contact's actual email account, although, the outside contact does have the option of receiving alerts from Corrlinks.com which notifies them to log in for new messages.

The messaging system itself does employ certain restrictions. For example, inmates and their outside contacts are only allowed to send plain, black text. Photos, attachments, and other non-black text inclusions are stripped from the message to an inmate and are not delivered. There is also a 13,000 character limit per email (this includes individual letters, numbers, punctuation marks, and spaces). As such, this service should be thought of as a very basic messaging service; more like a stripped-down, delayed instant messaging service than actual email.

All electronic messaging to federal inmates is free for outside contacts, but for the inmates, actual time spent on a TRULINCS computer in their housing unit (within the email folio) costs 5 cents per minute, whether reading an email or writing one. While some other states offer like services through Corrlinks.com which do incur a cost to the outside recipients (messages to Iowa State inmates cost 25 cents per message and messages to Oklahoma and Minnesota state inmates costs 30 cents per message), this cost is not applicable for electronic correspondence with federal prisoners.

In an effort to ensure the security of the institution and the safety of the public, all electronic messages are subjected to monitoring by institutional staff. While most aren't, they all have the capability of being monitored. Note that because of this monitoring, emails from federal inmates typically take around 20 minutes to arrive to their outside contact's Corrlinks.com account. Emails from Corrlinks.com to inmates, on the other hand, take around an hour to arrive.

In line with the email monitoring, inmates can be sanctioned for improper use of the monitored email system. This is the same with other kinds of disciplinary infractions. If an inmate is to be sanctioned with email loss -- for an email-related infraction or another infraction -- they will lose access to the TRULINCS email service for a period of time. The period of time will depend on the severity of the offense. It is not uncommon for inmates to lose email access for 30 to 160 days for a variety of disciplinary infractions.

The Federal Bureau of Prisons does impose email restrictions on certain inmates. Typically these restrictions are imposed upon persons who utilized email to commit the crime they are incarcerated for (e.g., solicitation of a minor for sexual activity, child pornography offenses, etc.) or if they have specialized computer knowledge which would allow them to circumvent the security procedures of the system. Inmates are not automatically banned from email usage because of their offense characteristics or because of their criminal history or any special technological skill set, but this can be an indicator for a more comprehensive review of their history to determine if the inmate should be banned. If an inmate has abused email or if they are deemed to be a management problem, they can either be banned from email altogether or can be subject to additional levels of monitoring (termed SIS monitoring).

By and large, the corrections industry has been opposed to technological innovation. Since prisons are first and foremost institutions of security and control, this isn't surprising. What is surprising is that the tide seems to be turning. In the past several years, the Federal Bureau of Prisons -- which is often thought of as a leader in the corrections industry world-wide -- has made significant strides toward modernizing their inmate-oriented technological infrastructure. To this day, this means that inmates are now allowed to use telephones, electronic law libraries, and even MP3 players. Now they are also allowed to use monitored email to keep in contact with their friends and family. Indeed, on many levels, prison email services allow for more secure communications; the emails are essentially on file forever, and are subject to keyword monitoring. One would hope that tomorrow not only brings much more of the same, but inspires more state departments of corrections to do so, too.

Wednesday, 28 November 2012

What is Kidnapping and Aggravated Kidnapping?

Kidnapping is often considered a crime only practiced in third-world countries like El Salvador and Ecuador. However, it certainly occurs here in the United States, but often in a far less serious newsworthy context. In fact, it is a crime that takes place often in the context of domestic violence for just a few minutes or maybe an hour, although with great danger to the victim.
 
Make no mistake about it: both kidnapping and aggravated kidnapping are serious crimes with huge punishment if a conviction is reached. They are both "strike offenses" under California's Three Strikes law, meaning one must serve a minimum of 85% of the sentence, which can be well over ten years if there are sentence enhancements such as for using a gun, causing serious bodily injury or committing the offense for the benefit of a criminal street gang.

A "kid" does not need to be even involved. Often, kidnapping is committed and charged in the course of domestic violence (Penal Code § 273.5), carjacking (Penal Code § 215), rape (Penal Code § 261), child abduction (Penal Code § 278) and sometimes, lewd acts with a minor (Penal Code § 288).
Kidnapping is defined under Penal Code § 207 as moving another person by force or fear without that person's consent. The distance must be "substantial," but this merely means more than a slight or trivial amount. "Substantial" is evaluated not just by the number of feet, but by whether the movement increased the danger to the victim, i.e. from a house with others present to a quiet car perhaps only fifty feet away with the windows rolled up. Kidnapping carries with it a maximum eight year term without any sentence enhancements.

Aggravated kidnapping is far more serious, as it carries with it a potential life term in prison. Aggravated kidnapping typically involves four scenarios which are fairly common. They are: 1) kidnapping that causes the victim serious bodily harm or death; 2) kidnapping that involves a demand for a ransom; 3) kidnapping taking place concurrent with a carjacking; and 4) kidnapping based on fraud, force or fear of a victim who is under age fourteen.

"By force or fear" in the definition of both types of kidnapping means threatening to inflict physical force or actually doing so. Tying someone up obviously qualifies, just as does, in the domestic violence context, telling a girlfriend that you are going to "make her pay for her mouth" if she does not get in one's car and come with the driver.

"Fraud" is only involved in aggravated kidnapping. It is defined as any type of deliberate or intentional misrepresentation (i.e. a trick) for the defendant's own benefit. This type of conduct is common in rape and lewd acts with a minor cases, wherein defendant promises the victim to take her home, but in fact has no intention of going to the victim's home.

The defenses to kidnapping usually begin with the victim's consent. If the victim agrees to get in one's car and be moved, there can be no kidnapping. It merits emphasis here that one cannot agree to an offer or promise based on fraud because the victim does not know what he or she is actually agreeing to.

A derivative defense to consent is that the victim's claims are false. This may mean that the distance of the movement was very trivial or that no increase in danger resulted. It can also mean that the defendant never used force or fear to accomplish the movement.

By statute, a defendant's conduct may be privileged. For example, taking, concealing or otherwise harboring a child under 14 to protect the child from imminent danger is a defense under Penal Code § 207(f)(1). This defense arises quite often. A defendant may also be innocent under 207(f)(1) if he or she places the child under a citizen's arrest, i.e. a shopkeeping making a citizen's arrest of a shoplifter.

Tuesday, 27 November 2012

Role of a Semi Accident Lawyer in Solving Big Rig Accident

Most of the truck accident that occurs are found to be involving a commercial truck. When these trucks hit a smaller vehicle, obviously the passengers travelling in the other vehicle do get injured in a great extent. In such situation, the victim has the right to take legal action against the negligent party. To take proper legal step, the victim can hire an accident lawyer for help. The accident lawyer will help in getting the compensation as soon as possible.

When he should hire the accident lawyer?
If you receive injury from a truck accident, your first job should be to get medical treatment for the curing the injuries. Apart from that, you should get in touch with a big rig accident lawyer as soon as possible. The appointed lawyer will go through your medical report to judge the degree of injuries you have received from the accident. You can even get in touch with him soon after the accident has taken place so that your appointed lawyer can investigate the accident scene. It will help the lawyer to locate the probable evidences from the accident location which will help in the court proceedings.
However, efficient investigation procedures can only be possible if you hire experienced big rig accident lawyer.

How to locate experienced big rig accident attorney?
When you are planning to hire an attorney, you should check that the specialized field of the chosen attorney. There are numerous truck accident attorney available to help you out. Among them, those who deals with big rig accident will be able to provide you the best help. Hence, the attorney's specialization field does matter.
Along with this factor, the work experience of the attorney also matters a lot. This is because, the number of years of experience will determine whether the chosen attorney will be able to win your case or not.
If you still feel any kind of confusion, Houston big rig accident lawyers are capable enough to help you out.

What advantages you will get?
Hiring such a lawyer will help you to calculate the estimated compensation value that you will receive. Knowing this amount will save you from getting influenced by the defendant if he tries to do so. It will also be helpful if the defendant tries to underpay you in this respect. Moreover, the lawyer will also help in finding out the actual offender who is responsible for causing the accident.
Hence, this proves the importance of big rig truck accident for solving truck accident cases.

Tuesday, 13 November 2012

Find the Right Appellate Lawyer For You

Author: Decan Mat

No matter what kind of life you lead, you cannot entirely avoid the chance of getting accused of a crime. Our faith in the judiciary should not be so sound as there have often been cases where innocent people ended up serving sentences for crimes they did not commit. The book The Innocent Man by John Grisham springs to mind as one such example. In many such accounts you will find that it is the procedure in which the legal system works that is often responsible for getting innocent people swallowed into the prison. There are many reasons why one would hate to be convicted of a crime apart from the imprisonment. A conviction does serious damage to your reputation. Every time you submit your resume, your prospective employer is going to check your criminal background and if he finds anything that does not please him, there is good chance that the job is not yours. At this time when there is massive unemployment everywhere and at the same time the number of jobs are being cut routinely, some being outsourced as well, there are multiple applicants for almost every job. It is insanely difficult to get a decent job. So this is something that should worry you. Even if you are self-employed, people like to do business with someone who has a good reputation. The importance of reputation cannot be overstated in business. It is not without reason that corporations spend a chunk of their profits behind public relations agencies that keep their images clean. And if you have to spend a significant amount of time in prison it may seriously affect your career. You may lose your job. If you are a businessman, you may lose your clients.

Even in friend and family circles you may get the look from people and that can hurt you emotionally. Your relationships may suffer due to this. So a criminal case is not something that you can take lightly. When you appeal a court decision, you must remember that the case is already biased against you. The appellate judges are going to take into account the fact that you have been convicted once, and this can weigh in their judgment. The facts have already been presented in the trial court. Now in order to present your case properly in front of the appellate judges you are going to need an appellate lawyer. Appellate lawyers are lawyers who specialize in appeal cases. They are supposed to be skilled in legal minutia. The job of criminal appeals lawyers is to point out whether there have been any legal mistakes in the trial which are crucial enough to affect the verdict of the case. So an appeal lawyer Toronto must study the case at hand extremely well so that he does not miss any point that might have saved his client. An appeal lawyer is quite different from a trial lawyer, as the latter has to argue a case and win the jury. He can argue both facts and the law. The criminal appeals lawyers do not argue facts. They argue the legal procedure

Monday, 12 November 2012

Examining The Main Principles Behind Most Of The Existing Collection Call Laws

Author: daniel perry

Debtors who were unable to stay current on their debt repayments often find themselves being harassed over the phone by their creditors or collecting agencies. That is the main reason why collection call laws are devised. You will notice that these laws differ between and among states. But the principles behind them tend to be more or less the same. Let us take this opportunity to find out what these principles are.

Before the collection calls have been made towards the debtor, it is important that there should be default in payments on the part of the debtor. That is one of the main principles of collection call laws. The fact, however, that there are creditors who call the debts even before they are due and the debtor has not even defaulted on a single payment make this principle quite subjective. Essentially, this is a form of harassment, no matter how the creditors may argue that it isn't. Courtesy - and the law in many cases - does, however, demand that these collection calls be reserved for people who have truly defaulted.

Reading the spirit of the laws in question, one gets the impression that the collection calls are only meant to be 'polite reminders' to people who seem to have forgotten about certain debts, that they need to start repaying them. Debtors may receive premature collection calls from their creditors and collection agencies. If they are found guilty of harassing the debtors when the latter are not yet in default and yet the calls are being made, legal redress and compensation may be sought from the courts. It is also important that there be a reasonable time gap between the first and the second collection call. The debtor would have to acknowledge receipt of the calls, pay the amount due, or renegotiate with the creditors. This means the calls could actually stop only at the first one.

It is worth remembering, as we mentioned, that the spirit of the laws governing collection calls seems to suggest that the calls should only be polite reminders to people who seem to have forgotten their debts. Collection calls are not really what should be used on debtors who are intent on evading their debts altogether. There are other, more persuasive, legal mechanisms for them. Another principle that must be followed concerns the wishes of the debtor. If the debtor asks for a cessation of the calls, the creditor or the collection agency should immediately stop making the calls. There is no set or strict rules on what the debtor should do in this case.

The creditor or the collecting agency could stop once they have received a simple letter request from the debtor, asking that no more calls be made to him. This is a way of balancing the odds between the creditor and the debtor, although the debtor would be subjected to possible consequences if he asks for the cessation of the calls. But the ultimate objective is to ensure that the creditor doesn't harass the debtor endlessly with collection calls. That is the basis for the legal provision that the collection calls should be stopped, once the creditor gets a request to stop making them from the debtor.

Thursday, 8 November 2012

Police Detention Is Illegal When Based On Only One's Resemblance To A Suspect

Author: Greg Hill

It is well-established law that in order to justify an investigative stop or detention, police must have a "reasonable and articulable suspicion that some activity relating to a crime has taken place or is occurring or is about to occur and that the person is involved in that activity."

In late November, 2010, Everett Robert Walker, age 19 and African-American, disembarked from a train in at the Santa Clara South light rail station in downtown San Jose. Santa Clara County Deputy Sheriff Frank Thrall observed Walker and suspected he was one of two young black men involved in a sexual battery at the same station a week earlier.

Thrall approached Walker and asked him to show proof that he had paid the fare. Walker showed him a valid ticket.

Thrall then told Walker that he resembled one of the suspects in a sexual battery investigation. He then asked Walker for identification. Walker provided identification, but it was an I.D. card belonging to someone else (someone at San Jose University). Thrall then arrested Walker and in searching him incident to an arrest, found cocaine base and marijuana.

The People then charged Walker with felony possession of cocaine base for sale or purchase (Health and Safety Code § 11351.5), giving a false name to a police officer upon arrest or detention, a misdemeanor, (Penal Code § 148.9) and possession of 28.5 grams or less of marijuana, an infraction (Penal Code § 11357 (b)).

In the Santa Clara Superior Court, Walker moved to suppress all evidence seized, arguing that it was unconstitutional because it was done without a search or arrest warrant. Walker wisely limited his argument to this, as it then shifted the burden to the prosecution to show the search and seizure without a warrant was legal.

The People argued that Deputy Thrall has a right to demand proof that Walker had paid the fare, as provided under Penal Code § 640 (c). The People also argued that Thrall had a reasonable suspicion that criminal activity was a foot and defendant was connected to it, based on defendant' s resemblance to the suspect in height, weight, age, nose shape, hair line and skin color. Thrall admitted that Walker did produce a valid fare.

The trial court denied Walker's motion to suppress. The trial court judge found the detention proper because Walker's physical appearance "closely matched the description of one of the suspects." Defendant then pleaded guilty on all counts, was placed on felony probation and appealed the ruling on the motion to suppress.

In his appeal, Walker argued that Thrall did not have an objectively reasonable basis to detain him after he showed him his fare. His appearance was also quite different from the sexual assault suspects.
The Sixth Appellate District, in People v. Everett Robert Walker (2012 DJDAR 14472), agreed with Walker. It characterized Thrall's detention as based on "mere curiosity or hunch" as improper under Terry v. Ohio (1968) 392 U.S. 1, 22. Even Thrall's stop of Walker to ask him about paying his fare was improper because Thrall could not articulate why he suspected Walker of not paying his fare.

Turning to the more problematic similarity in appearance issue, the appellate court evaluated the evidence and the officer's testimony concerning Walker and the sexual assault suspect. The court determined that the actual only similarity between Walker and the suspect was race (both were Black) and age (both were 19). Their heights were materially dissimilar and one had facial hair (Walker), while the suspect did not one week earlier. In short, there were no objective facts to support the detention of Walker before Thrall asked for identification. The search was therefore improper.
The appellate court therefore directed that the trial court dismiss the case.

Wednesday, 7 November 2012

When to Seek Help of A DUI Lawyer

Author: Brian Thomas

Every person wants to visit Las Vegas once in his or her life time. Las Vegas is known for its luxurious hotels and casinos. Each year it attracts millions of visitors. It is a place where people come with a hope to have the most exciting experience of their lives. It is often regarded as the world's most exciting city. But such a reputation never comes without a price.

A report suggests that over a million people were arrested for driving under the influence of various intoxicating substances such as alcohol and medicines. If you are caught in such an act you are surely in for a misadventure. Your hopes of enjoying your vacation can easily come crashing down. People often get carried away and consume intoxicating substances and get caught. The wisest thing to do in such a situation would be to call a DUI lawyer immediately. Never be under the impression that it is not a serious crime. DUI under alcohol or medicine is seen as a serious crime in Las Vegas.

You need to understand that taking intoxicating substances impairs your senses and there is a possibility that you will drive recklessly. Strict laws have been laid down to counter such crimes by law in Las Vegas. It is imperative that you find a good DUI lawyer and discuss with him your situation. DUI is the most common crime in Las Vegas and there are many good lawyers who can save you from penalties and humiliation of being in an exile. The lawyers dealing with such cases are very professional and have enormous experience in dealing with such cases. Now that you know what to do, right away you should search the best lawyer in town to fight your case. The reputation and the performance of the lawyer is of prime importance. Take the help of the internet or ask someone to give you advice on how to find a good lawyer in Las Vegas.

Good lawyers have the capability of turning the situation in your favor. You may have committed a serious crime but still an experienced lawyer can prove you innocent. People who choose wrong or inexperienced lawyer always suffer. As they as burdened with fees of the lawyer and if convicted they also have to pay the fine or even have to go to the jail. It's always better to pay more to a good lawyer who proves your innocence in the court and come out clean. Always remember these tips to get out of a tricky situation.

Tuesday, 6 November 2012

Rudimentary Information on Background Checking a Dallas Criminal Lawyer

Author: Ronna Erb

The current arrest of vocalist Fiona Apple for drug possession has summoned attention to the reality that when it comes to medicines, you most definitely don't want to mess with Texas. She's far from the first celebrity to have been apprehended for such an offense in that specific state, however; others consist of Willie Nelson, Armie Hammer, as well as Snoop Dogg. According to the Drug Enforcement Administration, felony possession of marijuana could possibly earn you a jail sentence of twelve months and a day to 10 years and max fine as high as $ 5,000.

Charges are more serious if you get arrested for possession of cocaine or methamphetamine. As an example, you might face up to 2 years in jail and a fine of $ 10,000 dollars if you've been convicted of possession of under 1 gram of cocaine in Texas. If you've been apprehended for medicine possession, you require a competent Dallas criminal lawyer to stand up for you.

If you wish to create a great defense for a serious case like possession, you should look into the attorney's background. Which university or college he study? Does he have his own law company? Did he graduate at number one of his course? These are a couple of things that you must have a look at to make sure that the attorney knows just what he's doing.

See if drug possession is among the law company's expertise by checking the firm's site so you don't squander your time establishing a meeting with a attorney who actually concentrates on divorce. Keep in mind that drug possession is a major offense especially in the state of Texas. To fight these accusations, you require an experienced Dallas criminal lawyer. Inquire how numerous drug possession cases the attorney takes care of a year to evaluate his level of experience.

You may inspect online if your lawyer has actually faced any sort of allegations of misconduct too. Go to AVVO.com and have a look at the lawyer's score, if he has been marked owing to misconduct, or has any type of pending legal negligence claims. A thorough background check makes sure that the person who will certainly represent you has the reputation to construct a great protection.

Being charged for illegal drug possession does not need to trouble you for the rest of your life. By selecting the right attorney to stand up for you, you may weather your case. For further info, see criminal-law. freeadvice.com/criminal-law/drug_crimes/389.

 
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