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When choosing a criminal defense attorney, the most difficult task is to determine if a lawyer is good or not. However, there are five golden rules that can make this task much easier for you. You can apply these rules everywhere irrespective of the state you belong to or the type of criminal case you are involved in. These rules are based on the fact that the trustworthiness of a lawyer depends largely on his attributes.
Being a good criminal defense lawyer requires a lot of experience, as well as knowledge. Therefore, in order to differentiate between good, bad, and mediocre lawyers, it is essential to first assess their qualities and style of working. No matter what the criminal case is, whether drunk driving, driving under the influence, drugs, fraud, assault, battery, domestic violence or others, you can use the following rules to help yourself in choosing the best criminal defense lawyer:
1) The attorney should be eager to know in detail about the background and life situation of his/her client.
This is because a good defense lawyer can make use of these facts to strike a note of sympathy with the jury and make a big difference in the case. In short, if he knows all the details of his client’s life, he can easily negotiate well at sentencing.
2) He should be concerned about his client’s well being and must personally care for the outcome of the case.
Needless to say, a case is very important for the accused person. Any criminal charge, whether just a simple DUI matter or a serious allegation, is bound to cause stress and anxiety in a person’s social, personal, and professional life. So, Rule 2 is to make sure that the case is as important for the lawyer as it is for the person charged with the crime.
3) He should try his level best to get his client out of jail as soon as possible.
After a criminal defense lawyer is hired for a case, the first thing he is expected to do is to get his client out of jail. In order to obtain a release from jail, there are many things, such as filing a request for a supervised release, motions to get the bail reduced, or motions to get the release on their own recognizance, that can be done by criminal lawyers. Make sure the attorney you want to hire is quick in getting these formalities done.
4) While dealing with the case, he should take into account the negative influence the criminal case can have on his client’s profession.
As any criminal charge can result in loss of professional licenses, the defense attorney should be well aware of whether or not you are able to plea bargain and if at all you can, what can be accepted by you as part of a plea bargain. Knowing these details is vital to get a positive outcome of the case.
5) He should maintain the privacy of his client:
A good attorney would always abide by his professional ethics and maintain the confidentiality of all your details involved in the case.
These five rules are nothing but five essential attributes that a good criminal defense attorney must have. Be it a San Francisco DUI attorney, San Francisco criminal defense attorney, Oakland DUI lawyer, or any criminal lawyer from elsewhere in the country, these rules should be applied everywhere to make sure you hire the best lawyer to fight your case.
Drinking and driving is dangerous, and the penalties of a DUI arrest are extremely harsh in the state of Florida; Florida is serious about preventing injury and death from alcohol and DUI related car crashes. DUI will remain on your license for 75 years. Criminal defense attorneys in Tampa provide representation for individuals charged with misdemeanor, felony, theft, fraud, reckless driving, DUI, domestic violence, and other charges.
A DUI conviction can mean facing the loss of a driver’s license, fines and fees, high insurance premiums, and possibly jail time. Criminal defense attorneys in Tampa can work with you to determine a defense strategy to help you keep your license, avoid jail time, and possibly reduce fees.
The following information is critical for Florida residents who have been convicted of a DUI: courts must impose the following minimum mandatory punishments if you enter a plea of “guilty” or “no contest” to a first DUI in Tampa, FL.
Jail Time: Offenders face incarceration (jail time) of up to 6 months-if a minor was in the vehicle or if their blood alcohol reading is.15 or higher, jail time is up to 9 months.
Probation: First DUI offenders face a probation period of up to 12 months. (However, the total period of incarceration and probation may not exceed 12 months total).
Community Service Hours: A minimum of 50 hours of community service is required, however the judge may allow you to “buy out” however many hours you choose at a rate of $10 per hour.
Fines: Offenders face a minimum fine of $500 but up to $1,000 in the event their blood alcohol reading is.15 or higher or if a minor was in the vehicle. The minimum fine in those circumstances is $1,000-$2,000. In the event an individual cannot pay the fines, they can perform community service for $10 per hour.
Drivers License Revocation: Offenders face at least 6 months of license suspension with a maximum suspension time of up to 12 months.
Under Florida law, 2nd DUI conviction consequences depend on whether the conviction is within 5 years or outside of 5 years of the previous DUI conviction. Should the DUI arrest occur outside of 5 years?of?a first conviction, the DUI is considered and treated the same as a first DUI as far as mandatory penalties are required, except that maximum jail time can be 9 months, fines are between $1,000 – $2,000 and ignition interlock must be installed for a year. No minimum jail time is required.
Should the Second DUI occur within 5 years of the prior DUI conviction the following penalties apply:
Jail Time: A minimum of 10 days in jail with 48 hours of consecutive jail time. Maximum time of incarceration is 9 months unless breath test reading was.15 or above, or if a minor was present-in those instances, maximum time is 12 months.
Probation: 2nd time DUI offenders face a probation period of up to 12 months.
Community Service Hours: A minimum of 50 hours of community service is required, however the judge may allow you to “buy out” however many hours you choose at a rate of $10 per hour.
Fines: Offenders face a minimum fine of $1,000 (maximum $2,000) but between $2,000 – $4,000 in the event their blood alcohol reading is.15 or higher or if a minor was in the vehicle.
Should you have further questions, contact a criminal defense law firm with the experience, the proven track record, and the confidence necessary to counter your DUI charge with a well-planned and aggressive defense. Your criminal defense attorney in Tampa should specialize in all the ins and outs of the Florida criminal justice system and fight to ensure you have achieve the best results possible.
Erica R. is a freelance writer working with the Roman And Roman Criminal Defense Law Firm to educate Tampa residents about how to handle violation of probation charges. Florida violation of probation penalties are serious, and an experienced criminal defense attorney in Tampa and criminal defense law firm can make all the difference in your case.
If you’ve been arrested for driving under the influence, you need a DUI defense criminal attorney to defend yourself against the charges. You can attempt to represent yourself or work with an attorney who does not specialize in DUI defense, but that is a recipe for disaster. Qualified DUI defense attorneys specialize in handling only DUI cases so they stay involved in the field of DUI law. Other attorneys may only defend DUI cases occasionally and miss out on important information that could be instrumental to your case. Working with a DUI defense criminal attorney is the best way to start your case off on the right foot and your best chance of winning your case in court. If you want to present a solid defense, hiring a DUI defense criminal attorney is the best way to go.
Consulting with a DUI Defense Criminal Attorney
When you consult with your DUI defense criminal attorney, it should be immediately after your arrest while everything is still fresh in your mind. You will need to tell your attorney your side of the story so you can work together to plan your defense. Your attorney will work with you to get this ready for any pre-trial hearings or conferences that occur prior to your actual trial date. If you don’t work with a DUI defense criminal attorney right from the beginning, you’ll lose out on the opportunity to consult with a legal professional when all of the facts from the day of your arrest are still clear. Over time, you may forget important details so it is extremely important that you make the phone call to a DUI defense criminal attorney as soon as possible.
Preparing Your Case with a DUI Defense Criminal Attorney
While you are waiting for your trial, your DUI defense criminal attorney will be gathering information that can be used during the trial proceedings. Your attorney may get your blood samples and have them sent to another lab for independent testing. This can help determine if testing errors occurred or if the testing was valid in the first place. Expert witnesses may also be contacted to appear during your trial. These witnesses can be used to back up or refute testimony depending on the source. Expert witnesses are often used to refute chemical testing results and show why the results were invalid or inaccurate. Your attorney will also help you to prepare yourself for your upcoming trial. If it’s the first time you’ve ever faced criminal charges, you won’t know what to expect, so your DUI defense criminal attorney will outline the process and answer any questions you may have about the upcoming trial.
The DUI Defense Criminal Attorney at DMV Hearings
In most states, your driving privileges will be suspended immediately upon being arrested for driving under the influence. Some states give you the opportunity to appeal the suspension by submitting a written appeal within a very specific time period. Once your appeal is received, you may be assigned a hearing on the matter. Having a DUI defense criminal attorney speak on your behalf at the hearing can help you to get your driving privileges back. Since having no driving privileges means you have no way to get to work or school, this is very important for being able to continue with your normal activities. If you’re not represented by a qualified DUI defense criminal attorney, you risk losing your freedom and the opportunity to live a normal life.
The DUI Defense Criminal Attorney in Criminal Sentencing Proceedings
If for some reason you end up being convicted of a driving under the influence offense, you will need a DUI defense criminal attorney to speak on your behalf prior to sentencing. If you don’t make a plea on your behalf, the courts may not consider all of the circumstances at hand. Your attorney can let the court know of leniency in sentencing should be shown because you are disabled, have a serious illness, need to work to support your family, or need to care for children or elderly relatives. This opportunity to have an attorney speak on your behalf is very important, so you should be sure that you have a DUI defense criminal attorney on your side during your trial.
Successfully defending yourself against a charge of driving under the influence may be one of the most important things you ever do. Give yourself the best chance of winning by hiring a qualified DUI defense criminal attorney to represent you during your administrative and criminal proceedings.
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Being charged with a crime in Florida is a serious matter. Whether it carries jail time or not, a person’s reputation and quite possibly their freedom are at stake. While some people choose to represent themselves, having a Florida criminal attorney will likely make the difference between winning and losing the case.
There are certain legal requirements that must be followed by the person representing the accused in Florida courts. When someone represents themselves and they are not well-versed in the Florida legal system, they are likely to miss filing deadlines and quite possibly improperly fill out paperwork crucial to the defense of the case. Having a **Florida criminal defense attorney ensures the accused a fair chance at the criminal defense process.
How to Answer Questions
When someone is taken in for questioning or arrested by law enforcement officials, this is the best time to call a lawyer. Those asking questions may try to trick the person into confessing, even when they are clearly innocent. This is a quick and easy way for them to close the case and move on to the next, especially when they have few or no other leads to follow.
How to Behave
Those stopped for suspected criminal behavior while driving should seek out the services of a qualified attorney. When the stop involves alcohol, they will likely need a **Florida DUI lawyer. Florida prosecutors take these charges very seriously and will play hardball. This is especially true for those who have had an alcohol-related infraction before. ***Florida DUI attorneys can advise their clients on how to act, what to say and what not to do in hopes of making the best out of a difficult and serious situation.
Prepare a Defense
If there is a criminal charge with an accident and/or fatality involved, the accused will need a lawyer to help navigate the legal waters. This includes advice on things like confessions, bail, hearings and trials. The Florida criminal attorney will need to speak to witnesses and possibly check out the scene of the crime. It takes time, patience and know-how to prepare a legal defense, as well.
If you’ve been accused of a crime, the attorney you decide upon can affect the outcome of your case tremendously. The defense used, in addition to the overall strength of your case, should be designed by an experienced criminal attorney. It’s important to find an attorney who understands the details of your unique situation.
Criminal lawyers will represent clients of all types who are being accused of a crime. This is quite unlike civil lawyers, who deal in divorces, property disputes and other transactions. As the title suggests, criminal attorneys defend individuals accused of crimes.
Crimes in general are grouped into either the “misdemeanor” or “felony” category. Misdemeanors are considered less severe in nature, including traffic violations and petty theft such as shoplifting. Felonies, on the other hand, are viewed as considerably more severe. Felony charges included serious allegations like are rape, sexual assault and murder.
DUI charges and allegations of sex crimes are two possible charges that generally involve a criminal defense lawyer:
DUI laws are becoming increasingly tough, and the laws across the county are getting even tougher. Most individuals have no real understanding of how sever the consequences of a DUI can be, unless they actually know someone who has been found guilty. In many instances, a first DUI can include mandatory jail time. This is one obvious incentive to becoming more aware in itself, and it’s a reason to hire the best criminal defense lawyer that you can find if you are accused.
Simply put, a DUI or DWI is a charge of intoxication leading to impairment while driving a motor vehicle. This isn’t limited to alcohol, but includes other substances. DUI is a common charge across the country. It is estimated that over 1 million people will be charged with drunk driving every year.
Criminal attorneys may defend those charged with offenses like prostitution, sexual molestation and rape. Since these charges carry serious consequences, including jail time, most individuals will want to find the best criminal lawyer to represent them. Since there is a stigma attached to accusations like rape and other sexual offense charges, many will want their name cleared. This is yet another reason secure the aid of a seasoned criminal defense lawyer.
Of course, drunk driving and sex crime allegations are not the only cases criminal law firms handle. Other defense law subjects include family violence, white collar crimes, property crimes and parole violations.
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If you ever find yourself in the frightening position of facing a DUI charge, then you had better be ready to research and hire the best DUI criminal defense attorney you can afford. It used to be that a DUI was not considered such a big deal. The penalties were lighter and not necessarily a career ender or a huge hurdle in finding new employment. That is not true today. Increased social and political pressure from groups such as Mothers Against Drunk Driving (MADD) and Students Against Drunk Driving (SADD) to prevent and penalize driving under the influence has created a corresponding increase in the severity of penalties imposed and lowered the amount of a substance that someone may have in their system before they are considered to be driving under the influence.
Some of the immediate results prior to conviction or being convicted with a DUI offense may make it difficult to maintain employment. In many states, a drivers license may be suspended or revoked upon conviction of alcohol related impaired driving. Prior to conviction, a license may be suspended or taken if a driver either fails or refuses to allow a chemical test to be administered.
In forty-five states a conviction of DUI may result in the offender being able to drive their vehicles only after being equipped with an ignition interlock device. There are 30 states where vehicles must be forfeit if there are multiple offenses for driving while impaired by alcohol. Anyone who depends upon their vehicle for their livelihood may have their financial situation dramatically impacted by DUI offenses. For future employment, you may simply be passed over if you have a conviction for DUI on your record. If you have filled out anything on your application in the conviction section, your application may simply be discarded without further explanation by prospective employers and you will never be given the opportunity to explain yourself.
There is hope for people charged with DUI. There are defenses that can be used by knowledgeable criminal defense attorneys familiar with the laws of your state and the technical requirements for a DUI conviction.
There are several areas where a DUI charge can be successfully defended in court; however all require the assistance of an experienced defense attorney knowledgeable about DUI laws.
· Breath Tests – Devices used to perform breath tests on suspected drunk drivers do not always perform accurately. If the device has not been calibrated correctly it can give a false high reading. Additionally, if the officer who administered the test is not certified to operate the machine the results may not be usable in court.
· Blood Tests – Samples used for blood tests should retested to verify that there was enough preservative in the vial used for the sample. If there is not enough preservative in the vial then the blood could ferment giving a false high blood alcohol reading.
· Stopped for Cause – Unless there is a random roadblock set up where all vehicles are being checked, you need to know why you were pulled over. Late at night some officers may assume there is a likelihood you have alcohol in your blood and will make a late night stop looking for a DUI offense. If there is no probable cause to pull you over in the first place a judge may throw out your case.
· Field Sobriety Tests – Not every type of field sobriety test is considered reliable. The national Highway Traffic Safety Administration has set standards and many police officers all over the country administer a hodge-podge of field sobriety tests which are not considered indicative of intoxication. For example, touching your finger to your nose, reciting the alphabet and standing on one leg are not considered reliable indicators of intoxication. If you were booked on the basis of these types of tests your case may be winnable.
There are at least 30 other areas of DUI law a good attorney can look to for help in your DUI case. Each case is unique and needs to be thoroughly examined by a professional to determine if you have a legitimate defense against a DUI charge. Hiring a good criminal defense attorney to defend you against a DUI charge is essential because the results of a conviction can be permanent and life changing.
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There are times in everyone’s life when they make a mistake, but that does not mean that they are not remorseful or not deserving of a second chance. For some people, that mistake is possibly making a poor decision while they are going about their everyday lives, and are arrested for DUI. One of many great things about this country is the opportunity and right to legal representation in any matter, as well as the right of innocence until proven guilty by a court or jury of your peers. In matters of DUI charges, getting the best legal defense available as soon as you possibly can is paramount to your protection of both yourself personally, and your legal rights.
DUI charges are serious, and can carry with them dire consequences. You face the potential of having your driver’s license revoked, possible jail time, huge fines, a dramatic increase in your vehicle insurance premiums and even probation. It is vital that you contact a proven DUI defense counsel as soon as you possibly can to help relieve the massive consequences that you will be facing. In any DUI charge where the police seize your driver’s license, they subsequently contact the Department of Motor Vehicles to inform them that you have been arrested. The DMV will automatically suspend your driving privileges. In order to prevent this from happening, it is paramount that you contact a DUI attorney that can help you to possibly prevent this license suspension from occurring.
There are many different challenges and tribulations associated with DUI cases, and only a knowledgeable attorney can help you to understand these challenges and how to handle them with the best possible outcome for you. Your rights will be protected and insured against undue processes, as well as defending you. There are some cases that the right attorney can get your charges mitigated in order to reduce the sanctions that are going to be set against you. This will help lessen the socioeconomic impact of DUI charges. In other situations, the right attorney may be able to help you to get your charges dismissed altogether, and stop the action of the DMV suspending your license. There are many unknowns associated with these types of cases, so that makes it much more crucial to have a solid defense in your corner that knows the ins and outs of the court and its system.
Even if you have not been charged with a DUI, but something more severe in the eyes of society, such as domestic violence, possession of illicit drugs or possession of them for sale, violent crimes and even sexual assault. You are still facing exorbitant sanctions such as jail time, huge fines and worse. If you find yourself accused of any crime by police or any other government agency, it is wise to find an experienced and proven criminal defense attorney to defend you and protect you and your rights until a decision is reached. It is your life; you have the right to protect it and your rights under the laws of this land through the help of a qualified and knowledgeable attorney.
Below are five reasons to hire a criminal defense attorney if you have been charged with a crime. Now there are so many reasons why a criminal defense attorney can be helpful, but these are the most important.
1) You need an advocate.
Innocent until proven guilty? While that is the principle that our criminal defense system was founded upon, innocent is in the eye of the beholder. Of course, in order to be found guilty, the jury (or judge) needs to find that you committed the crime beyond a reasonable doubt. But you need someone to continuously remind those who are trying to punish you of that fact. You need someone in your corner who will put all of their resources to defend your rights. That includes your right to a competent defense, right to a speedy trial, right not to incriminate yourself, right to confront witnesses against you, right to a jury trial in certain cases, and the list goes on. The important thing is that you have someone there for you representing you and your interests. That is what a criminal defense attorney can do.
2) You don’t know everything.
With the advent of the internet, and quick access to a lot of information, people believe they can adequately defend themselves. There is a wealth of resources out there, both on the internet and in our libraries. Unfortunately, none of them are a substitute for real life every day experiences. Criminal defense attorneys are in the courtroom going through the process nearly every day. They see these things on a daily basis. They know the tricks of the trade. They know the local procedure. They know the variations between jurisdictions. Most importantly, they know the law. Why take the chance of getting because you failed to follow some nuance when a criminal defense attorney can help you?
3) Laws are not simple.
Every crime has different elements, and every statute contains “legalese” that may be difficult to non-lawyer, seeing it for the first time, to fully comprehend. Additionally, most statutes refer to other statutes, which contain even more intricate language. Further, there are procedures that must be followed regardless of the law or the crime alleged. Finally, there is case law that helps interpret the law. How can you possibly learn all of the laws, procedure, and case law if you have never even been in a courtroom before? You can’t, which is yet another reason for a criminal defense attorney.
Too many defendants believe they can saunter into the courtroom and defend themselves. After all, they see it on television and in the movies all the time. It looks so easy. Opening statement, examine witnesses, compelling closing argument – not guilty. Unfortunately, it rarely works that way in real life. You need someone who knows the intricacies of the crimes involved and of the courtroom.
4) Criminal cases move fast.
A criminal case moves very quickly. There are certain things that must be done by the defense within certain time limits. There are certain things that must be done by the prosecution within certain time limits. Without knowledge of when motions must be filed, discovery must be requested and completed, witnesses and exhibits must be identified, you could make a critical mistake. A criminal defense attorney can help.
5) Your life may depend on it.
Literally, your life may depend on your attorney. Though not always in the “facing capital punishment” kind of way, a conviction could mean a substantial jail sentence. It could mean other things too, such as a hefty fine or the loss of your driving privileges. Why take the chance with your life?
The most important thing to take from this article is that defending yourself is not smart. You need to do the research, interview a criminal defense attorney, and hire him or her if you feel comfortable. If not, research someone else. Just make sure you get it right.
The subsequent to should not be taken as authorised advice, this is usually a short anxiety to the Oklahoma laws ruling DUI and DWI. Oklahoma operates beneath what is called “implied acceptance law” that means that if you are pulled over for a DUI you agree to a breath, blood or containing alkali assessment to establish if you are beneath the change of drug or alcohol. If you do not agree with .. more …