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Category Archives: Hiring a Defense Lawyer

BAC Level in DUI Cases

BAC Level in DUI Cases

Blood alcohol concentration (BAC) refers to a measurement of a person’s level of intoxication. This measurement is obtained by assessing the amount, by volume or mass, of alcohol in the bloodstream. In many jurisdictions, driving under the influence (DUI) laws are based on setting a maximum BAC for the operators of motor vehicles. BAC measures how intoxicated a person is at a given time. The results can do a great deal of fluctuating even within the course of a day. The more alcohol a person consumes, the higher his BAC should be. In the United States, every state has a DUI statute that sets the legal BAC threshold at .08%. In some circumstances and for certain groups of people, the limit is even lower, and you can still be charged… […]

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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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Civil and Criminal Case Differences

Civil and Criminal Case Differences

The American legal system is comprised of two very different types of cases, civil and criminal. Crimes are generally offenses against the state, and are accordingly prosecuted by the state. Civil cases on the other hand, are typically disputes between individuals regarding the legal duties and responsibilities they owe one another. Criminal law is the body of law that relates to crime. It regulates social conduct and proscribes threatening, harming, or otherwise endangering the health, safety, and moral welfare of people. It includes the punishment of people who violate these laws. Criminal law differs from civil law, whose emphasis is more on dispute resolution and victim compensation than on punishment. Criminal law involves prosecution by the government of a person for an act that has been classified as a crime.… […]

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DUI Arrests in Florida, DUI Lawyers, DUI FAQs

DUI Arrests in Florida, DUI Lawyers, DUI FAQs

Being arrested for driving under the influence (DUI) in Florida is a criminal offense and could be subject to harsh penalties – including fines, community service, probation, vehicle impoundment, loss of driving privileges and even imprisonment – if convicted. To ensure that your rights are protected, consult a South Florida DUI attorney. Most DUI arrests in Florida occur after a traffic stop or an alcohol-related vehicle accident. If the officer notices that you are driving erratically or disobeying traffic laws, he or she may pull you over on suspicion of DUI in Florida and administer a series of field sobriety tests, used to determine if there is probable cause for a drunk-driving arrest. After your arrest, the officer may transport you back to the police station for a breathalyzer test;… […]

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Types of Criminal Charges, Contact Your Criminal Defense Attorney To Reduce Your Charges

Types of Criminal Charges, Contact Your Criminal Defense Attorney To Reduce Your Charges

Criminal charges and wrongs are typically classified as infractions, misdemeanors or felonies depending on the severity of the wrong. The more serious the charges, the more serious the punishment usually is as well. Infractions Infractions are violations of law or ordinances that are typically pretty minor, including traffic infractions. An infraction is less serious than a misdemeanor and may not technically be considered a crime, depending on the circumstances. A person who commits an infraction will usually get a ticket or citation – not jail time or other heftier punishments. Many times, an experienced lawyer can help negotiate a reduction of misdemeanor charges to the level of an infraction for first-time offenders in an effort to avoid a criminal record. Misdemeanor Misdemeanors are more serious than infractions, but less serious… […]

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Beating DUI Charges, DUI Consequences and Importance of DUI Attorney

Beating DUI Charges, DUI Consequences and Importance of DUI Attorney

DUI charges are usually based on a person’s BAC or blood alcohol concentration and may be determined by the administering of a breath, blood or urine test (which is usually conducted if drugs are suspected). All 50 states and the District of Columbia have set a BAC limit. Most states have a legal limit of 0.08 for citizens over age 21. Can you beat a DUI charge? There are steps you can take to get the charges reduced or to beat a DUI conviction and be acquitted, or found not guilty, of the charge (source, details ) 1. Determine if you have a defense. The first step in beating any DUI charge is to determine if you have a legal defense to the crime. If you have a legal defense,… […]

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Charged With A Crime, Booked or Arrested, Do You Know The Difference?

Charged With A Crime, Booked or Arrested, Do You Know The Difference?

Defendants who have been arrested, booked and formally charged with a crime generally pass through the three main phases of the criminal justice system: Police or law enforcement agency Court system Corrections or incarceration facility Police or Law Enforcement Agency Phase A police officer or similar government officer usually doesn’t know a crime has occurred until a member of the public reports it. Before a person can be formally apprehended, an arrest warrant based on probable cause is sometimes necessary. A neutral magistrate must approve the warrant because it provides the legal foundation for arresting the person. After a person is arrested, he or she is booked, which usually includes being photographed, fingerprinted and required to produce personal information. If charges are filed, the accused person may qualify for an… […]

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What You Need To Know About DUI Conviction and DUI Plea Bargain

A DUI conviction results from charges of driving under influence. Alcohol is not the only substance that can result in a DUI conviction. Driving while intoxicated by chemical substances can be considered illegal as well. This can include both legal and illegal drugs. Test results usually weigh heavily in such cases. Although limits are not generally specified for chemical substances, there are tests that can confirm their presence in a person’s system. A DUI conviction carries numerous consequences. Penalties are different in every state, but generally, there is a risk of incarceration and probation for a 1st offense and mandatory incarceration for multiple convictions. Fines and the payment of court costs are commonly ordered. It is also likely that a DUI conviction will result in some period of driver’s license… […]

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