Getting Ready For Court

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Posted by on 12:43 pm in Uncategorized | Comments Off on Hacked By SA3D HaCk3D

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Two Things You Need To Know About DMV Administrative Hearings

Posted by on 10:48 am in Uncategorized | Comments Off on Two Things You Need To Know About DMV Administrative Hearings

When you’re arrested for DUI, you’re likely to face two types of consequences: criminal prosecution and administrative action by the Department of Motor Vehicles (DMV). While the criminal penalties of a DUI don’t occur until after you’re convicted, the administrative penalties—such as revocation of your driver’s license—go into effect almost immediately. Since not being able to drive can have a significantly negative impact on your life, you can delay any action taken by the DMV by requesting an administrative hearing. However, here are two things you need to know about this option to protect your rights. You Must Request a Hearing Within a Certain Period of Time The first important thing you need to know is you only have a limited amount of time to request the administrative hearing before the DMV takes action against your driving privileges. The time limit differs depending on where you live. In California, for example, you must request a hearing within 10 days of being served notice in person or 14 days after receiving written notification in the mail. In Maryland, you have 30 days after the incident occurred to request a hearing. Therefore, you need to request an administrative hearing as soon as possible after you’re arrested for DUI. Once the DMV receives your request, it will generally postpone any pending administrative action against your license until after the hearing. You may actually escape any license penalty if your criminal case resolves in your favor before the administrative hearing takes place. Your Testimony Can Be Used Against You The other critical thing you need to understand about the administrative hearing is anything you say during the proceeding may be used against you in your criminal case. When evaluating whether to suspend or revoke your license, the hearing officer will consider all the evidence obtained by the police (e.g. breathalyzer results), testimony from the cop who pulled you over, and information obtained from other sources that relate to the case (e.g. prior DUI convictions). You will typically be given an opportunity to mount a defense. As noted before, however, anything you say or present to the hearing officer can be subpoenaed by the prosecution and used against you in criminal court. So, it’s essential that you talk to an attorney prior to the hearing (or have one present with you) to avoid making a mistake that could land you in jail. For more information about administrative hearings or preparing for one, contact...

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Tips to Help You Win a Court Case If You Have Been Accused of Forgery

Posted by on 12:03 pm in Uncategorized | Comments Off on Tips to Help You Win a Court Case If You Have Been Accused of Forgery

If you have been accused of forgery and are not guilty of the crime, the following tips will help you win your upcoming court battle and keep your composure prior to the event. Divulge Information Solely to Your Lawyer Once you hire a lawyer who you feel comfortable with, treat them as your confidant and divulge information only to them. If you are unsure of how your court hearing will go, ask any questions so that you remain relaxed before the big day. Follow advice that is given to you by your lawyer. They have plenty of experience in the law field and will know what tactics to use to provide you with the most favorable outcome. Lay low if instructed to do so. Follow your normal routine, including attending work and church, but avoid any social situations that may put you in a bad light if your lawyer advises you against doing so. Do Not Accept a Plea Deal Unless Instructed to If the state prosecutor is willing to offer you a plea deal, do not accept it unless your lawyer tells you to do so and you are comfortable doing so. If you take a deal without fully understanding what it means, you may be admitting guilt, which could affect your future. If you ever apply for a new job or would like to move into a new home, your background report may come back to haunt you and cause you to be turned away. Discuss any type of deal that your lawyer feels is a good option in detail so that you understand what it means when you accept it on your court date. Gather Character Witnesses and Ask Them to Write or Speak on Your Behalf If you are a well-respected citizen and have several people who will vouch for you, their written or verbal statements can work wonders to assist with strengthening your case and exonerating you from the crime that you have been accused of. Ask your lawyer if it would be a good idea to approach specific people in your community. If they agree, have each character witness write a statement about you that describes the type of person that you are. Afterward, request that they sign the written paper in front of a licensed notary. If anyone is willing to speak at your court hearing, provide them with details about the hearing and have them meet with your lawyer, if necessary, As long as you follow all of the advice that is given to you by your attorney and remain out of trouble prior to your court hearing, there will be a good chance that you will win your case. Contact professionals such as Robert Speer, The Magic Lawyer so you can work on finding a lawyer you trust and are comfortable working...

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Crucial Questions To Ask A Criminal Defense Attorney When You Want Something Expunged From Your Record

Posted by on 7:51 am in Uncategorized | Comments Off on Crucial Questions To Ask A Criminal Defense Attorney When You Want Something Expunged From Your Record

If you made some mistakes when you were younger and wound up with a criminal record that has made it difficult to get the jobs, education or even rental apartments that you are seeking now, it is important to note that in some instances, you may be able to have those events removed from your permanent record. However, the laws that will impact your right to expunge something from your record will vary tremendously from one state to the next and are not automatically available to each person. Therefore, it is a good idea to ask a criminal defense attorney the following questions. Is The Charge Eligible For Removal? Although few people like having a criminal record of any kind, you will find that expunging something from your record is not always an option. For instance, you may find that if you were convicted several times on similar or identical charges, expunging them is not possible. The same is true if you have multiple, non-related felonies. There could also be a time limit that impacts the possibility of having the charge in question removed. For instance, some states require that the charge in question be at least five years old. In addition, crimes that were dealt with prior to a person’s 18th birthday are often sealed and therefore, cannot be accessed after that time. Notable exceptions to the automatic sealing of a minor’s record in many states includes rape, murder and other serious charges that were determined adult, not juvenile, court. Therefore, it is essential to have a clear understanding of what can or cannot be done to help you. Who Will Be Able To Access Records After Expungement? One of the more common misunderstandings when seeking to have something removed from a criminal record is often the belief that the charge and conviction will entirely disappear. Unfortunately, that is not actually true and you should remember that law enforcement personnel, the courts and other involved parties will often have access to all of the information. The successful expungement will remove the pertinent information from the records that other people will be able to access. For example, it may be easier to get the job you want or to be approved for your dream apartment without the DUI conviction from 10 years ago slowing you down. The expungement typically allows you to improve the criminal record that is seen by the general public. For more information, contact Sam Douglas Young Attorney at Law or a similar legal...

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Was Your Teen Driving A Car That Got Pulled Over And Marijuana Was Found? What To Ask A Lawyer Immediately

Posted by on 5:18 am in Uncategorized | Comments Off on Was Your Teen Driving A Car That Got Pulled Over And Marijuana Was Found? What To Ask A Lawyer Immediately

If your child was driving a car with multiple teens and they were pulled over, and someone in the car had marijuana, calling a lawyer needs to be your first priority. If you aren’t sure who the marijuana belonged to, but you know that it didn’t belong to your teen, you don’t want your child to live their life with drug charges on their record. If your name is on the vehicle title, you could also be in trouble. Here are a few things you’ll want to talk with your lawyer about. Could a Drug Test Help? If all of the teens that were in the car were to take a drug test, would your teen be able to pass? If so, this would show that the marijuana didn’t likely belong to them. If there were other teens that tested positive, it would show that was probably theirs. If the lawyer thinks this is a good idea, they may have you get the testing done right away. Can You Fight the Charges? Some people think that it’s a waste of money to fight charges, and that they are going to get whatever punishment the judge gives them. This couldn’t be further from the truth. Many crimes are settled outside of the court before the defendant goes in, and the defendant makes a plea deal. The charges can also be fought because of weak or inaccurate evidence.  The lawyer will have you come in and go through the evidence to see what pieces are skeptical, or can be thrown out. Should Your Teen Your Teen Try to Get More Information? Your lawyer may want your teen to stay away from the other teens that were in the car with them, and to not talk about what happened with anyone else. You don’t want your teen to be influenced to say or do anything by the other people in the car, especially since one of them is guilty for having the marijuana. Instead, you want to provide your lawyer with all of the other teens’ personal information, and the information for their parents. If your teen has gotten into trouble and there was marijuana found in their car while they were driving, don’t have them make a statement to the police. Instead, wait until you find a drug lawyer that specializes in these cases, such as Russ Jones Attorney At Law, and get legal advice before they do or say something that could hurt...

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Want To Make It As A New Financial Manager? Don’t Look Like A Ponzi

Posted by on 4:44 am in Uncategorized | Comments Off on Want To Make It As A New Financial Manager? Don’t Look Like A Ponzi

The much talked about Ponzi schemes are still going on. Every year it seems there is a larger scam that leaves unwitting victims penniless. Honest financial advisors often find themselves on the defense. Though you might be an upstanding citizen out to help your fellow Americans make money, people hold you in suspicion.They are afraid of being the next “sucker” on the TV news crying about losing it all to a fraudster. What can a new financial manager do to survive? Well, take an honest look at your operation. Do things appear to be legitimate? To help you succeed in your chosen profession, following are some of the characteristics of a Ponzi artist to avoid. Too Successful The financial markets go up and down, almost on a whim. Investors with too good of a track record should give potential clients pause. Just how is this person always getting it right, they wonder? Always be honest about your investments. If you have done surprisingly well, then inform clients just how. If things have been rough, then explain that as well. Many will trust you because of your upfrontness. Too New Sorry, but investors fear the newbie. You have to get some experience before people will trust you with their money. Think about starting an investment club for family and friends. Get some experience and recommendations and then open up the commercial office. Slow to Pay Out Those out too deceive their customers often use investment funds to finance operations. Unlike a real business that has cash upfront, they instead depend on new clients to stay afloat. Oh, yeah, and when an existing client wants to cash out, the Ponzi schemer gets uptight. Now, perhaps being new in business you may be similarly hesitant to cash out accounts. After all, you have few clients at the start. Nevertheless, always be forthright about the withdrawal process. Someone who believes you reluctant to pay them may spread word that you are a Ponzi! Heavily Involved in Emerging Markets True, emerging markets, those economies on the rise, provide a wealth of investment opportunities. In most cases, they also have fewer financial regulations than at home. Fraudulent investors can take advantage of the lack of transparency abroad. You must be careful if heavily involved in emerging markets. Clients who lose money might begin to think your business is less than honest. Always explain overseas investments in detail to avoid the appearance of impropriety. If Accused Speak With a Criminal Defense Lawyer Fast The simple reality is that since the last recession there has been increased monitoring of financial activity, especially when done online. You must be aware that at times unfair accusations arise. If you look like a Ponzi, somebody might begin casting aspersions. Contact a criminal defense lawyer, like the Law Offices of Michael K. Tasker, before things get out of hand. This legal professional can help you clear things up and get back to business....

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Did The Officer Have Probable Cause?

Posted by on 7:08 am in Uncategorized | Comments Off on Did The Officer Have Probable Cause?

Your constitutional rights protect you from being arrested unless certain conditions are met. These conditions are referred to as “probable cause.” If you are detained without probable cause, you may use this as a reason to sue the police department. How The Officer Can Prove Probable Cause The officer can use any of his or her senses to detect the commission of a crime. This is important because an officer can even arrest someone if he or she smells an illegal substance on you. The officer can also use scientific instruments, such as a breathalyzer, to obtain the probable cause necessary to arrest you. A common situation in which probable cause is used is when a motorist is driving while intoxicated. The act of swerving can serve as evidence that the individual is under the influence. Then, asking the motorist to walk in a straight line can further give the officer probable cause to detain the motorist. A police officer does not have the right to detain you unless he or she has probable cause. This is when the officer has reason to believe you have committed a crime or have violated a traffic law. Probable cause requires the officer prove it is more likely than not that you would have committed a crime. This can come from an object that you are in possession of, a statement that you have uttered, an action the officer witnessed or even information from an informant. If the officer relies on an informant, he or she must prove that the informant is reliable. Also, if there is a witness that informs the officer that you committed the crime, this can also be used as an excuse for probable cause. Your Conversation With the Officer Even though the officer is not allowed to search you without probable cause, he or she does have the right to talk to you. Also, you have the right to remain silent. The officer may try to have a conversation to encourage you to make a statement that could be misconstrued to provide the officer with probable cause. You will need to find out exactly what justification the officer used to arrest you if you would like to begin poking holes in his or her justification. A criminal defense attorney will gather the facts of the case and will use them to determine whether the officer was justified in arresting you....

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Exoneration By Disputing Prosecution Evidence

Posted by on 7:16 am in Uncategorized | Comments Off on Exoneration By Disputing Prosecution Evidence

If you have been charged with a serious crime, you should be aware of what it would take for a jury to believe you are innocent. Since the burden is on the prosecutor to prove you are guilty beyond a reasonable doubt, much of your defense could be to challenge the prosecutor’s evidence. Making the Most of Exculpatory Evidence Before your trial begins, there will be a discovery process in which the prosecution will turn over their evidence to your attorney to either allow for a fair defense or encourage you to plead guilty. This will include the names of their witnesses, police reports, and test results. They are also obliged to turn over any exculpatory (facts that could be helpful to your defense) or impeachment (facts that discredit prosecution witnesses) evidence that they find during the course of police investigation. Since prosecutors have time and effort invested in proving your guilt, they can possess a prejudicial blindness to exculpatory evidence, and it may take a determined and skillful defense lawyer to be alert to the possibility of it. You can help your attorney by writing down detailed descriptions of events soon after they occurred and also anything that comes to mind later as you are privy to discovery, and relaying these to him or her. In one case, a defense attorney had to track down a metro card that provided an alibi for his client. In another case, an alert attorney found that initial photos and DNA evidence existed that showed a small child was the victim of a dog attack and not murdered as claimed. The child’s mother and stepfather, who were unfairly convicted, were eventually exonerated.  Disputing Scientific Evidence DNA evidence has an great impact on many criminal cases, and in many old cases, people have exonerated because it. However, there remain many types of forensic evidence that are open to interpretation and dispute, but unfortunately many people who end up on juries do not realize this. Some examples include bite marks, hair evidence, and voice recordings. You may recall the controversy in the Casey Anthony murder case over whether there was a smell of human decomposition in her car and if this could be scientifically proven. New scientific evidence should only be admissible at trial only if the relevant scientific community of experts accepts it as reliable. Part of your defense may rely on questioning the veracity of the procedures and results with an expert on your side. If the evidence is very questionable, the judge may not allow it to be presented at trial since it could become a basis for a later appeal. Getting Effective Legal Representation So to have a good rebuttal defense, you will want to find an experienced and skillful attorney to sift through the discovery evidence carefully to look for holes in the prosecutor’s case, and for evidence that could bolster your account of what happened. If there is to be scientific evidence offered, its reliability can be questioned by experts that your defense finds.   For more information, contact Scott L. Kramer Law Office or a similar...

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2 Reasons To Utilize A Drug Charge Lawyer

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Getting charged with possession of narcotics or illegal medication can be a very frightening experience and can carry some very stiff penalties so it is very important that you contact an attorney that specializes in drug charges. Listed below are just two of the ways that a drug charge lawyer can help you out.   Check For Improper Law Enforcement Procedures One of the biggest ways in which a drug charge lawyer will help you is by making sure that any police officers and other officials involved in your arrest followed the proper procedures. This is very important as a lawyer can often have the charges against you dismissed or reduced if he or she can prove that the proper procedures were not followed when the narcotics were discovered. For example, if law enforcement officers illegally searched you, your vehicle, or your home without a search warrant or probable cause then your lawyer can use this to fight the charges against you. Another thing that your lawyer will look for is whether or not you were improperly questioned before he or she arrived. For example, police officers are very well-trained in interrogation techniques that can help them draw information out of suspects, even when those suspects do not suspect that they are being questioned. In that situation, a lawyer can insist that since you were questioned without him or her present that anything that you said is not admissible in court and may even be able to have the case dismissed. Negotiate Lesser Sentences A drug charge lawyer can also help you out even if your case cannot really be won. In that situation, the lawyer can attempt to get your sentence lowered through the use of plea deals. A plea deal will often require that you plead guilty to a lesser offense in order to receive a lesser penalty. These plea deals can mean the difference between potentially going to prison or simply being required to perform community service. In many cases, the prosecutor will be very likely to accept the plea deal as it means that he or she can wrap the case up very quickly and move on to the next case as soon as possible. This is often a good deal for the prosecutor as he or she will often have a massive amount of cases awaiting his or her attention. In addition, if the drug charge is a first offense, then your lawyer can often use that to negotiate for a lesser sentence. In that situation, a lawyer may be able to eliminate any jail time and instead have you sentenced to drug rehabilitation. Speak to an attorney immediately if you have been arrested and charged for drug possession. A lawyer can help negotiate lesser sentences and check for any improper searches or questioning on the part of law enforcement...

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Is It Legal To Join A Private Militia? This Is What You Should Know Before You Join One

Posted by on 7:13 am in Uncategorized | Comments Off on Is It Legal To Join A Private Militia? This Is What You Should Know Before You Join One

Self-styled militia groups are in the news again, thanks to the armed protesters who overtook over a wildlife refuge center belonging to the government in Oregon. Prominent members of other civilian militia groups have been journeying there to offer their support. Membership in an armed militia is often fraught with legal difficulties — which is why it’s smart to understand what is legal and what isn’t before you join one. Why do militias exist today? There is a clause in the U.S. Constitution that allows citizens to form a militia, with the idea that private citizens should be called upon in time of national need. There are militia groups that are sanctioned by the government, including state National Guard units. In addition, every able-bodied male from age 17 to age 45 is considered part of an unorganized reserve militia. Privately formed militia groups, however, exist outside the direct control and recognition of the government. Many of them have formed around anti-government movements and believe that they have the right (or even the duty) of “insurrection” against the government, if necessary, to uphold the law. What are the dangers of associating with a private militia? The Supreme Court has rejected the idea that private citizens have a right to act by armed force against the government so long as the government is still allowing free elections and trials by jury. Many militia groups are considered dangerously extremist in their views and there have been several violent conflicts over the years between government forces and private armed militia groups in places like Waco, Texas and Ruby Ridge, Idaho. Some states, like Wyoming, specifically forbid the formation of private militias. In that case, joining one would be automatically against the law. However, militias are legal in many states, which means that you can join one in those states without fear of arrest. You want to exercise caution, however, because you can still run afoul of the law by participating in armed exercises or displays in public areas through firearm regulations, riot statutes, and disturbing the peace laws. What are some signs of trouble? There are no doubt some private militias that exist solely for the purpose of offering a sense of community to its members and paramilitary training for those who want to be prepared in the event of an emergency. If you are thinking of joining a militia, however, be on the watch for signs that the group is an extremist one. Extremist militias may: espouse rhetoric that warns of government conspiracies to disarm all civilians express racial hatred or hatred toward specific minority groups that are perceived as being secretly in charge stockpile weaponry in the belief that a future conflict with the national or state government is inevitable search for a “victim” of the government to rally around (like those in Oregon) support beliefs that private citizens can refuse to pay their taxes or defy court orders that they believe aren’t lawful If you have any questions about the legality of a militia or its actions, consult with an attorney like Thomas A Corletta before you get involved. That will help you avoid any unfortunate legal consequences...

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