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

Impaired driving, penalties and lawyers


Impaired driving is a severe crime nowadays. Riding any kind of vehicle under the effect of alcohol or drugs is what we call impaired driving.

When someone is detected driving too slow or too quick or when not being able to do simple functions, having red eyes, not understandable dialogue, that person will be charged of impaired driving and will probably need a good impaired driving lawyer.

The cop has the right to ask for a breath test to determine the concentration of alcohol in that person's blood . When the alcohol is detected to be more than what is legal, severe consequences are faced to that person. The legal alcohol concentration is less than 80 mg in 100 ml of blood and anything above that is considered illegal.

This is a serious crime and the accused will encounter serious charges, therefore an impaired driving lawyer is more than needed. And here are the charges to encounter when being accused of impaired driving.

1st time:
When a person is caught for the first time with this crime, That person is charged with at least $600. And also, the charged loses his driving license for an amount of time depending on some factors of the situation that person is caught in. Some people get charged even when sometimes being innocent, and whenever they are charged, they won't be able to drive for a long time, and only a good impaired driving lawyer can rescue them.
2nd time:
When being charged a second time, the charges are bigger and more serious. They will go to jail for fourteen days . And of course, they lose their driving license for 2 to 5 years.
Many times:
When being caught for a 3rd or more time you will lose your driving license for 3 years and sometimes forever, also you will be sentenced with a 90 days jail time.

You can see now how serious is this crime, and how critical is getting a good and experienced criminal defense lawyer who is specialized in impaired driving defense, this will guarantee you a good representation in the court.

It is strongly recommended to have a lawyer as soon as possible, therefor start searching in the internet for impaired driving lawyers and you can easily find a bunch since most lawyers have an internet page or advertisement.

Drug Possession Charges


In these last years, crimes including drugs are on the highest list of the government officials. All US states got their private laws in relation to the application and orders administrating a crime of this matter. Federal law restricts the produce, deal and hold of forbidden drugs. Forbidden drugs involve
marijuana, heroin, ecstasy, methamphetamine, and cocaine. Drug abuse involving alcohol abuse has the ability to cause mob fights, car accidents and sometimes murder or suicide.

When being accused of drug possession charges or drug crimes you should have a trusted well known criminal defense attorney on your side to back you up. You should also know that the law doesn't punish you  for drug possession only. But even being an accomplish to the crime. Or becoming an accessory to a certain crime.

Therefore it is very important to know and try to notice if the persons or friends we hang out with have any relation with possessing or dealing with forbidden drugs. We have to keep away from those people whom are suspected of being involved in illegal drug activities in order to avoid drug possession charges against us. 

Sometimes cops violate the rights of some people. In that case, any evidence that may convict a person of the drug charges can be denied. The judge can also refuse such evidence collected because it is not valid.

The sentence of dealing with or transporting drugs vary from 3 years to life. Depending on some elements like how much drugs are involved, the location, and the criminal record of the persons involved. This also includes those who produce forbidden drugs. On the other hand, possession of illegal drugs, depends the quantity, knowingly and intentionally possessing the illegal drugs, and more. Even when a person is also caught in the possession of drug paraphernalia, they can still be convicted of drug charges.

The criminal defense attorney that you should hire in those cases should be trusted and have long experience with criminal charges such as drug possession charges. Because if you do so, then you can be sure that they know how to defend you in the court trial. Defending a drug case is hard, which is the reason you need the assistance of a defense attorney just like a UT criminal defense attorney.


What is Criminal Law


As stated in criminal law, crimes are offenses facing the civil order. In common law jurisdictions, there is a legal imagination that crimes disrupt the order of the sovereign. Government officials, as agents of the sovereign, are in charge of the prosecution of criminals. Therefore, the criminal law "plaintiff" is the sovereign, which in practical terms converts into the king or the people.
The biggest goal of criminal law is prevention and punishment, during the time civil law is individual compensation. Crimes consist of two different aspects; the physical act (the actus reus, guilty act) and the requisite mental state with which the act is done (the mens rea, guilty mind). For example, in murder the 'actus reus is the unlawful killing of a person, while the 'mens rea is malice aforethought (the intention to kill or cause grievous injury). The criminal law also details the defenses that defendants may bring to lessen or negate their liability (criminal responsibility) and specifies the punishment which may be inflicted. Criminal law neither requires a victim, nor a victim's consent, to prosecute an offender. Furthermore, a criminal prosecution can occur over the objections of the victim and the consent of the victim is not a defense in most crimes.
Criminal law in most jurisdictions both in the common and civil law traditions is divided into two fields:
* Criminal procedure regulates the process for addressing violations of criminal law
* Substantive criminal law details the definition of, and punishments for, various crimes.
Criminal law distinguishes crimes from civil wrongs such as tort or breach of contract. Criminal law has been seen as a system of regulating the behavior of individuals and groups in relation to societal norms at large whereas civil law is aimed primarily at the relationship between private individuals and their rights and obligations under the law. Although many ancient legal systems did not clearly define a distinction between criminal and civil law, in England there was little difference until the codification of criminal law occurred in the late nineteenth century. In most U.S. law schools, the basic course in criminal law is based upon the English common criminal law of 1750 (with some minor American modifications like the clarification of mens rea in the Model Penal Code).
Types of criminal law are: Arrests and Searches, Drug Crimes, Juvenile Law, Drunk Driving / DUI / DWI , Parole, Probation, Pardons, Violent Crimes, White Collar Crimes and Military Law.

Assault & Battery

Each year there are over 800,000 assaults reported to local law enforcement agencies. Assault is typically defined as trying to strike an individual when the individual is aware of the danger being presented. A 'felonious' assault is an attack, or attempt to attack, through force, in order to cause physical injury to an individual. Even if the individual doesn't get hurt, but a weapon is involved, then it still falls under the category of a felony.
Assault & Battery is an incident where actual contact was made and resulted in the need for medical treatment. This is also a felony. The consequences of an assault crime can be imprisonment, probation, fines, anger management classes and more. The punishment usually has to do with the circumstances of the situation and the background of the offender. If the offender has a prior history of assault these punishments will most likely be inflated.
Not every instance of an assault crime is straight forward and clear-cut. For instance, an assault may have been committed due to self-defense or defending another person or property. This is why it is so important to hire a professional assault attorney. A qualified attorney will be able to complete an extensive investigation and use their professional expertise to help dismiss or minimize the sentence.
Assault & Battery - Criminal Law
Steigerwalt & Associates is San Diego’s most prestigious criminal law firm. If you have been convicted of Assault or any other type of criminal offense then please visit us today at http://www.sddefenselawyers.com.
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