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Category Archives: Constitutional Rights

Florida DUI, Refusing To Submit To a Breath Test

Florida DUI, Refusing To Submit To a Breath Test

Sobriety checkpoint in Miramar planned Friday A sobriety checkpoint will be in effect from 9 p.m. Friday through 3 a.m. Saturday for motorists traveling along the 3600 block of South University Drive in Miramar. Police officers from Miramar, Pembroke Pines, Davie and Hollywood, as well as deputies from the Broward Sheriff’s Office, will be watching for drivers who are operating their vehicles while under the influence of drugs or alcohol and will enforce other traffic-related offenses. Source. Sobriety checkpoints are predetermined locations, on roads, where police officers can halt motor vehicles and observe drivers for signs of intoxication. The purpose of these roadblocks is to discourage people from driving under the influence of drugs or alcohol. A driver that is stopped may be asked to perform a field sobriety test,… […]

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Marijuana Arrests in Palm Beach County

Marijuana Arrests in Palm Beach County

In Palm Beach County, blacks per capita are arrested for marijuana possession nearly five times the rate of whites, according to a recent survey by the ACLU (source). Palm Beach County Sheriff Ric Bradshaw and West Palm Beach NAACP President Lia Gaines have markedly different responses. Bradshaw, whose deputies patrol an area that includes half the county population, had an adamant retort to anyone who says they are targeting blacks. “We don’t care if the person is white, black, yellow or green,” Bradshaw said. “We arrest the people who commit the crimes.” But Gaines says the numbers tell a different story. “These numbers should provoke him to do a review,” she says. “He says they are not targeting blacks, but then he should find out why this happens. This is… […]

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Jury Selection Process In Criminal Cases

In jury selection many methods used to choose the people who will serve on a trial jury. The jury pool, also known as the venire, is first selected from among the community using a reasonably random method. Jury lists are compiled from voter registrations and driver license/state ID renewals. From those lists, summonses are mailed. A panel of jurors is then assigned to a courtroom. The prospective jurors are randomly selected to sit in the jury box, then are questioned in court by the judge and/or attorneys. Depending on the jurisdiction, attorneys may have an opportunity to mount a challenge for cause argument or use one of a limited number of peremptory challenges. When one is selected to serve on a jury for a criminal trial, that person is given… […]

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Marijuana Laws, Legalization of Marijuana and Marijuana Criminal Charges

Marijuana Laws, Legalization of Marijuana and Marijuana Criminal Charges

The summit meeting of Western Hemisphere foreign ministers on legalizing marijuana took place last week and the ending revealed how rocky that path would be — and how many nations remained reluctant to join it. The frustration with current drug policy — with its high costs, death tolls in the tens of thousands across the Americas and persistent heavy flow of narcotics — is very real. Consensus on what to do about it, however, is much harder to come by. Diplomats here even tussled behind the scenes on how to follow up on the report and how further talks should be conducted. The focus on the crack in the door for legalization has obscured the fact that several countries in the thick of the problem, and not just the United… […]

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Can I Clear My Criminal Record

Can I Clear My Criminal Record

If you are accused of a crime, your freedom, your family, your reputation, your immigration status, and your job may be at stake. A national background check is an investigation into a person’s identity and past. Unlike local background checks, the national background check focuses on investigating details of a person’s life throughout an entire country. Many employers perform national background checks on potential employees, especially those who will have to handle money or sensitive information. Some employers also perform national background checks on employees who have close, personal contact with people on a daily basis. If you have been charged with criminal violations in the past, the record of those charges may affect your ability to get work, housing, public benefits, financial aid for education, to drive or to… […]

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Criminal Defense Attorneys Protect Your Rights

Criminal Defense Attorneys Protect Your Rights

If you’ve been charged with a crime, you’ll want to get an experience criminal defense attorney on your side as soon as possible. The legal representation you choose can make a difference between jail time and your freedom. While certain offenses are certainly more serious than others, even minor convictions can take a toll on your financial well being, your reputation in the community, your family life, and your ability to find and keep employment. Misdemeanors, which are lesser crimes, might only entail a fine or a brief jail sentence, but felonies, which are more serious crimes, can lead to long prison terms. This is why it is so important to have someone knowledgeable about the law argue on your behalf. Criminal law is a complex body of state and… […]

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DUI Arrests and The National Transportation Safety Board’s Recommendation To Lower BAC Level

DUI Arrests and The National Transportation Safety Board’s Recommendation To Lower BAC Level

WASHINGTON – The National Transportation Safety Board voted to recommend to states that they lower the blood-alcohol content that constitutes drunken driving. Currently, all 50 states have set a BAC level of .08, reflecting the percentage of alcohol, by volume, in the blood. If a driver is found to have a BAC level of .08 or above, he or she is subject to arrest and prosecution. The National Transportation Safety Board is advising states to lower the Blood Alcohol Level that defines drunk driving from .08 to .05, which they say is the level at which many drivers’ vision can be affected-NBC’s Tom Costello reports. The NTSB recommends dropping that to a BAC level of .05. Each year, nearly 10,000 people die in alcohol-related traffic accidents and 170,000 are injured,… […]

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When A Criminal Case Is Dismissed

he conditions or categories that lead to criminal case dismissals are broken down into factual, legal, and logistical. The first two categories are self- explanatory. Logistical problems include actually getting the evidence (or witnesses) in front of a jury. In a criminal case, the decision to drop the case is usually reserved to the prosecutor. This decision can depend on many factors, including the quality of the state’s evidence, availability of key witnesses, potential defenses, and extenuating circumstances of the accused. An experienced criminal defense attorney will attempt to discover factors that support dismissal and negotiate with the prosecuting attorney to obtain the most favorable outcome based on those circumstances. While each criminal case is unique, one may identify several common reasons for their dismissal. Lack of Sufficient Evidence The… […]

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DUI Arrests and Plea Bargains In Florida

DUI Arrests and Plea Bargains In Florida

A Boynton Beach woman was arrested late Saturday after she hit a vehicle while police were investigating a crash involving a Florida East Coast Railway train in the north end of the city. Tiffany Jurczak, 26, was booked into the Palm Beach County Jail for driving under the influence and later released on her own recognizance, according to Palm Beach County Sheriff’s Office booking records. Source Florida DUI Laws and BAC Limits ALL DRIVERS – BAC LIMIT = 0.08% In the State of Florida it is crime for ANY driver to drive with a BAC (blood alcohol content – concentration) of 0.08% and above. COMMERCIAL DRIVERS – BAC LIMIT = 0.04% It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content – concentration) of… […]

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How To Choose a Criminal Defense Attorney To Represent You

Our criminal justice system can be overwhelming and frightening. The incarceration rate in the United States is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal defense lawyer as early in the process as possible, preferably even before questioning or investigation by the police. A skilled attorney can fight for your legal and constitutional rights. Due Process Our criminal justice system is complex, both conceptually and procedurally. To ensure the fairness of the proceedings, each court system has its own rules of criminal procedure that govern the actions of all players: police, defense lawyers, prosecutors, judges and juries. The US Constitution requires that criminal defendants be accorded due… […]

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