DUI Charges Carry Very Stiff Penalties

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The Criminal Law Handbook – Know Your Rights, Survive the System

By Alain Burrese –

“The Criminal Law Handbook: Know Your Rights, Survive the System” by Attorneys Paul Bergman & Sara J. Berman is an impressive 678 page tome of information all about criminal law. The book sets out to assist you with understanding the confusing rules and procedures involved with criminal offences and to teach you how the system works, why police, lawyers, and judges do what they do, and most importantly, what you can do to limit the harm. I feel it accomplishes that goal very well. Most of the book is written in an understandable question-and-answer format to explain the criminal justice system, both inside and outside the courtroom. It goes from initial police questioning through trials to prison and parole.

One must remember that Nolo focuses on making the law accessible to everyone, and the books published by Nolo do an outstanding job of doing just that. Therefore, this book isn’t a criminal law text book as you would find in law school, but a comprehensive guide for the non-lawyer or layperson. For such a guide, it is very good and includes a lot of information.

The twenty-seven chapters are broken down like this:

Chapter One: Talking to the Police. Chapter provides information on police questioning of people who haven’t been taken into custody and questioning of arrestees.

Chapter Two: Search and Seizure. Some of the topics covered here include: search warrants, plain view doctrine, stop and frisk, searches of cars, and warrantless searches.

Chapter Three: Arrest: When It Happens, What It Means. This chapter covers general arrest principles, arrest warrants, warrantless arrests, use of force when making arrests, and citizens’ arrests.

Chapter Four: Eyewitness Identification: Psychology and Procedures. Topics include eyewitness identification procedures, psychology of eyewitness identification, lineups, showups, photo identification, and motions to suppress identification.

Chapter Five: Booking and Bail: Checking In and Out of Jail. The booking process, arranging for bail, and being released on your own recognizance are covered here.

Chapter Six: From Suspect to Defendant. This chapter focuses on crime and criminal cases and charging, grand juries, and diversion.

Chapter Seven: Criminal Defense Lawyers. Do you need a lawyer, court-appointed attorneys, private defense attorneys, and self-representation are covered in this chapter.

Chapter Eight: Understanding the Attorney-Client Relationship in a Criminal Case. Topics include confidentiality, client-centered decision making, lawyer-client communication, among others.

Chapter Nine: A Walk Through Criminal Court. The courthouse, courtroom, courtroom players, and courtroom behavior are explained.

Chapter Ten: Arraignments. Timing and self-representation at arraignments are looked at here.

Chapter Eleven: Developing the Defense Strategy. Just what the chapter title says, the basics of defense strategy.

Chapter Twelve: Crimespeak: Understanding the Language of Criminal Laws. Basics about things such as murder and manslaughter, sexual violence, burglary, robbery, hate crimes, Patriot Act and more.

Chapter Thirteen: Defensespeak: Common Defenses to Criminal Charges. Topics such as partial defenses, self-defense, alibi, and insanity are covered here among others.

Chapter Fourteen: Discovery: Exchanging Information With the Prosecution. Discovery is an important part of any legal or civil case and this chapter provides the basics for the criminal arena.

Chapter Fifteen: Investigating the Facts. Interviews and witnesses are a couple of the things covered here.

Chapter Sixteen: Preliminary Hearings. What they are, what your rights are, and common strategies of both sides are presented here.

Chapter Seventeen: Fundamental Trial Rights of the Defense. Topics covered include: Due Process, Burden of Proof, Right to Remain Silent, Right to Confront Witnesses, Right to Jury Trial, Right to Counsel, and others.

Chapter Eighteen: Basic Evidence Rules in Criminal Trials. There are procedures that must be followed when presenting evidence and this chapter provides guidelines for doing it right.

Chapter Nineteen: Motions and Their Role in Criminal Cases. Learn what they are and what they are for in this chapter.

Chapter Twenty: Plea Bargains: How Most Criminal Cases End. Basics on plea bargains, the pros and cons, the process, and the strategy of negotiating plea bargains are covered in this chapter.

Chapter Twenty-one: The Trial Process. Good chapter on the various aspects of a trial from choosing a judge or jury to deliberations and verdict.

Chapter Twenty-two: Sentencing: How the Court Punishes Convicted Defendants. The basics of sentencing procedures and options and a bit about the death penalty.

Chapter Twenty-three. Appeals: Seeking Review by a Higher Court. Losing at trial does not necessarily mean it is over. This chapter covers appeals and writs.

Chapter Twenty-four: How the Criminal Justice System Works: A Walk Through Two Drunk Driving Cases. Examples using drunk driving.

Chapter Twenty-five: Juvenile Courts and Procedures. Special chapter explaining the how things work in Juvenile Courts.

Chapter Twenty-six: Prisoners’ Rules. Information covering prisons and prisoners’ rights, legal resources, parole and pardons.

Chapter Twenty-seven. Looking Up the Law. What and where to research, including a glossary.

Again, this book is a large tome of information. It is organized well and has many side-bars and examples. If you have a question regarding criminal law, more than likely this book will have an answer. The authors do point out that the law varies from state to state, and I’d recommend that besides this book, anyone dealing with the criminal system on their own look to the statutes in the jurisdiction they are in to ensure they have the law that is applicable to their case. That’s why I really like that the final chapter provides guidance in this area. The authors also note that the book is not intended as a detailed guide to self-representation. It is a thorough overview of the entire system, but it’s not everything, and that’s because you can’t put everything regarding our complex system in one book.

This is an excellent tour of the criminal justice system and one of the best resources around for the layperson who wants or needs to navigate the complex maze of rules and laws that make up our system. I recommend it highly for anyone who wants to know all about criminal law.

Alain Burrese, J.D. is a performance and personal development expert who teaches how to live, take action, and get things done through the Warrior’s Edge. Alain combines his military, martial art, and Asian experiences with his business, law, and conflict resolution education into a powerful way of living with balance, honor, and integrity. He teaches how to use the Warrior’s Edge to Take Action and Achieve Remarkable Results. Alain is the author of Hard-Won Wisdom From The School Of Hard Knocks, the DVDs Hapkido Hoshinsul, Streetfighting Essentials, Hapkido Cane, the Lock On Joint Locking series, and numerous articles and reviews. You can read more articles, over 100 reviews, and see clips of his DVDs as well as much more at http://www.burrese.com

Article Source:  The Criminal Law Handbook – Know Your Rights, Survive the System

Parents in Prison

By Richard R Blake –

It is estimated that there may be as many as two million children in the United States who have a parent in prisons.  The influence and effect of incarceration of parents on their children cannot be minimized.  The trauma of separation, the stigma of shame, and the economic implications on the remaining family members can be confusing and devastating to the child.

The Family is an institution designed by God.  Today our family structure is being weakened by immorality, divorce, violence, and materialism.  We live in troubled times. God is in the family repair business.  He wants to strengthen family ties and bind families together.

As the church and as individual Christians we need to respond to the need and become more focused on ensuring that these children have a safe, permanent home, one that maintains and promotes their well-being. Churches and prison ministry organizations are targeting families of inmates and ex-inmates with programs to offset the immediate and long-term effect of incarceration on family members.

There are practical steps we can take to bridge the gap between the inmate and their families.  We can visit inmates in prison as they experience loneliness, guilt, and the hopelessness of their situation.  We can respond to the needs of the offender or family by providing aid in particular matters and individual concerns.

We can provide resources and information to these families as well as establishing and maintaining relationships with the parents and their children.  It is critical to establish and communicate an environment of trust in these relationships as well as to break the cycle of crime by changing the hearts and minds of the incarcerated and the family members, including the children.  The message of Christ is more than another community program.

Even hardened criminals can be touched and changed by the power of the gospel.  Returning the ex-offender to the home instead of prison is of extreme importance for these young people.  Recidivism studies reveal that on-going participation in faith based community program s is a critical element in reducing “re-offense.” Discipleship training implemented by mentors is an effective means of restoring inmates into productive and responsible parental roles.

Working as a volunteer in prison ministry will put you in a non supportive secular environment.  Open doors of ministry in the prison are changing.  As leaders of people we must ask, “What can I do to insure that the doors remain open for our lay workers to minister the Gospel?”  Restorative justice, victims rights, restitution, alternatives to incarceration, and prison reform are all issues that need to be addressed with intellectual honesty and spiritual concern.

Christian volunteers visiting in the prison and in homes bring a message of hope to the inmates and their families.  We have the opportunity of evangelism and discipleship.  We must not be distracted from ministering the good news of healing to the broken hearted, deliverance to the bound, release to the oppressed and light to the blind.

For information on service opportunities in your local jail or prison contact the chaplain or inmate services director for ministry opportunities.  Then, get involved. A parent, a child, or both may be counting on your response to that call.

Richard R. Blake, Christian Education Consultant, Book Store Owner

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How to Find Criminal Court Records

By Darren Welder –

Are you in trouble right now? Do you have a doubt with the person you are dealing recently? Do you suspect that somebody has a criminal record?

Well, when we talk about criminal court records, that means, we are interested to know the summary of the individual’s contacts with law enforcement. That includes all the things happened since the case was filed. However, if you are the person seeking for help on how to find criminal court records, I would like to share you now some tips on how you could do it.

1. Know the person’s complete name, address and basic background. The more information that you have in your hand about that person, the easier you can find his or her criminal court record if there is.

2. You call the office of your state’s State Attorney General. They can tell you the process on how to obtain an Official Criminal History Report. They will tell you about the official FBI’s NCIC (National Crime Information Center.) Here, you can see the actual lists of every single adult being arrested and charged disposition everywhere in the United States. These reports are not free, but you only have to pay a very small charge to the Law enforcement Agency who runs and print the reports for you.

3. Try to do it online. Visit criminalsearches.com, a free service do search criminal records. Every state also has their own databases of criminals on their sites online (usually the database contains only sexual offender records.)

4. In case you cannot find the record you are looking for through online, the only way you can do is to simply visit the court house where the case was filed and request for the criminal record at the court clerk.

5. Find a private investigator in your area who will handle the entire process from the beginning until the end.

You nationwide criminal check using a reputable background check service like [http://www.peoplesearchpedia.com]US Search (to get to [http://www.peoplesearchpedia.com]their site click here) They can do a local and a nationwide criminal search for you, thus saving you a lot of time and some money too. And then won’t ask you for a reason, unlike the police and the court.

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Criminal Court Records Searches

By Sammy Salamis –

Criminal court records are a great resource if you are concerned over the background of any individual that you may be in contact with. They contain information concerning any convictions a person may have for criminal offenses committed in the past, and can help you to safeguard yourself, your property, money and family.

These records are completely legal for you to access so long as you are not intending to use them for any criminal or harmful purpose, and are made available under the Freedom of Information Act. So, it isOK for you to use this information to protect yourself and your interests, but it wold be a problem if you were intending to use them unfairly to harm someoneelse’s reputation or interests.

However, just because the records are free for the public to access does not mean that they are easy to locate. In fact, they can be rather difficult to track down because they are stored in so many different places! The full details that you need to do a complete search should include all the different sources nationwide, as a person may have lived in a different county or state in the past, and committed crimes there.

One option that many turn to in order to chase up all these different sources of information is private investigators, who are expert in finding this source of information. This is a legitimate option, and is definitely faster than looking for the information yourself. However, it can be very expensive, and for most people is more thorough than needed.

This is why there are a number of websites that offer the information you need in one place. They work by compiling the information from lots of different databases into one place, and cross referencing it so that you can find all the details you need for any one person, taken from all the records in the entire country.

While you may think that such a service would be very expensive to use, there are some sites that are surprisingly affordable. This is because there are so many security conscious customers these days who are willing to use services like these, which drives the prices down.

Click on the link below to see which site I recommend for criminal court records!

Sammy is an expert on Internet search technology – how to find what you are looking for!

Click Here to see which site he especially recommends for criminal record searches

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Aggravated Assault – The Criminal Court and the Civil Suits

By Frank Schumacher –

When charged of aggravated assault, an individual should take it seriously especially when it is a false accusation. A very serious punishment awaits you in Arizona if you are found guilty. The aggravated assault charge can not only be filed in the criminal court, it can lead to a civil suit as well. To avoid potential civil trial, you need a positive result from your criminal charge. To let yourself off the hook, you need to hire a good defense attorney that knows the ins and outs of an aggravated assault case.

In Arizona, there are three major scenarios where the crime of aggravated assault is most often seen. The first one is assault within the family. It may be between the husband and wife, parent and child, two siblings or some other family relations such as aunts and uncles. The second one is an assault by a person known to the victim. It might be a neighbor, friend, colleague, boss, classmate or teacher. The third one is assault by a stranger. Most common scenes for aggravated assaults happen at home while the rest typically occurs in roads and parking lots.

The definition of aggravated assault in Arizona is the unlawful attack by a person upon another person with the intent of inflicting serious bodily injury. There are broad cases concerning the crime of aggravated assault and the reason may not be what people commonly expect it to be. If you think that guns, sharp knives and baseball bats are the only weapons considered as deadly, you better think again. Even hands, feet, car or a toaster when used against another person can also result to a charge of aggravated assault.

Here are the five most recognized ranges of aggravated assault under the Arizona Revised Statutes 13-1204 (A).

1.    When a person causes another person of serious physical injury.
2.    When a person uses deadly weapon or weapons or other dangerous instrument.
3.    When a person commits the assault after entering other person’s private home with the intention to inflicting serious physical injury.
4.    When a person eighteen years of age or older commits the assault to another person who is fifteen years old or younger.
5.    When a person commits an assault to another person whose job belongs to one of the following: teachers, prosecutors, health care providers, policemen, prison guards and the like.

For those wrongly accused of aggravated assault, a skilled and aggressive lawyer will be the best defense in such situation. The lawyer will have to effectively separate the emotional concerns from the factual and legal issues in order to win the case in favor of the accused. Your lawyer can plead self defense, defense of a third person or even provocation in your case so you can be acquitted in the end. It is important to get acquitted in the criminal court for a larger chance to escape the civil lawsuit.

When you are faced with a [http://www.arizonacriminallaw.info/html/aggravated-assault.html]Phoenix criminal lawsuit or an [http://www.arizonacriminallaw.info/html/aggravated-assault.html]Arizona criminal lawsuit such as this, finding an effective defense lawyer should be your first priority. Ask around from your friends and family if they know one or you can also do your own research over the internet.

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Death Penalty – The Details

By Joseph Devine –

Only used in 38 out of 50 states, the death penalty is one of the forms of capital punishment. Texas does have the death penalty available as a capital punishment, but there are a number of qualifications that you must meet before you can be assigned a capital punishment. Anyone who is up for getting a capital punishment must be at least 17 years of age or older.

Only people that have committed a capital crime can be given the death penalty. A capital felony is a crime that is committed on the highest degree level possible. This includes murder of a police officer, multiple murders, murdering of a child under 6, or murder during a prison escape. This is just a small list of the many people that can and are sentenced to the death penalty on a daily basis. The death penalty can be a very serious conviction and many people need just the right criminal lawyer to take care of it.

Each case is normally looked at on a case by case basis. The judge will usually give you a trial which will either be a bench trial or a jury trial. With a bench trial, the judge will make the decision to whether the person is guilty or not. They judge will also make a ruling to what punishment the person will get. A jury trial, means that the jury will make the decision or guilty or not and the judge will rule on the punishment. You always have the choice to speak with your lawyer and decide what type of trial you want. They each have their positives and negatives that you could understand if you were in a trial for capital punishment.

Appeals normally go through the Court of Appeals, Texas Supreme Court, US Circuit Court of Appeals, and finally reach the US Supreme Court. Each of these courts will make a ruling to whether or not the person is guilty. Once the ruling has been made over the US Supreme Court, the trial is over. The person will then be put on death row and will wait for his sentence to be carried out.

The court system requires that the person have exhausted all types of appeals before the death sentence be carried out. The person will have to have an attorney before anything can ever take place. The court also requires that you have someone representing you before you will go into a trial.

If you are looking for a criminal lawyer to represent you, contact http://www.attorneysandlawyers4you.com for more help.

Joseph Devine

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Criminal Defendants on Trial – Under Immediate Arrest

By Ira Still –

The police have a chilling way of ushering a person into the criminal justice system: “You are under arrest!” Through the shock of these words you realize that you better comply with their directions or you might feel the sting of the taser, the bite of the police dog or the wrath of the night stick. Terror, anger and confusion fill the moment. You are on your way to the jail, the first appearance hearing, the bondsman’s interview, the lawyer’s office, the trial court proceedings and the jury trial. You are now inside the criminal justice system until the entire process is concluded.

*What is a warrant or capias?

An arrest could be based upon a warrant. But these comprise only a small percentage of arrest situations. A warrant (or capias) is a document issued by the trial court. It is a demand that the police take you into custody immediately wherever they may find you. Since these previously issued court orders were based upon circumstances that you knew were in the works [like violations of probation, failure to show up for a court hearing, etc.], they shouldn’t be a total surprise. You might blow a stop sign and get pulled over. The police run your driver’s license and a capias appears on the screen. Within a very short time you will be under arrest.

*Could I be arrested without a warrant?

Yes. The vast majority of arrests are made by police officers acting without a warrant. Suppose you are shopping. You walk to the door with packages in hand. When you get out to the parking lot, you’re stopped by a security officer. He looks in your bags and finds the clothes you just bought. He asks, “Where’s the sales slip?” You can’t find it. “Come on back inside so we can straighten this out.” The sales clerk doesn’t remember you at her register. The police are called in. You are now under immediate arrest.

Imagine you are driving your friends around and stop at a store. They go inside. You can’t see what happens but they come running out. They jump in and yell, “Drive, drive! Don’t stop!” You follow their demands and drive off. A high speed chase ends with a swarm of cops standing around your car; guns drawn. They are screaming, “Out the car and on the ground.” Later you learn that one of your friends tried to rob the cash register. When it went bad, he shot a man. You are being charged with felony murder. You are panic stricken and you are also under immediate arrest.

*What if I try to resist the cops?

Let’s address what to do and what not to do when you are being detained. Never try to fight the police. You will get additional charges. Don’t try running away. You will get more charges and rough treatment. This is not a battle between you and the police. This is the police doing what the government has hired them to do. They are under a duty and they will not back down.

Go along peaceably. This will help you now and later it may help your case. As in all of life, humility conquers arrogance.

Don’t try to talk your way out of it. You should only tell the police your name, age, address, and other personal background information. If you don’t give them this identifying information you could get an additional charge known as resisting an officer. But that is where you must stop talking. SAY NO MORE!

*How do I get them to stop all the questions?

Do not talk about the facts or circumstances of the case to anyone. Tell the detectives that you refuse to talk until you have an attorney. That is a key phrase in the law. Under the 5th Amendment to the U.S. Constitution you have both the right to silence and the right to counsel. If you assert the right to silence by saying, “I do not want to say anything,” the police can keep trying to get you to talk. If you begin talking about anything at all, the trial court may rule that you waived your right to silence. Only you can waive your rights, so don’t speak.

If you say over and over, “I want to speak to an attorney,” the law says the police must immediately stop questioning you until your attorney is present. When your attorney arrives, he will instruct the police that you won’t be giving any statements.

*Will the circumstances of the arrest be part of the court case?

The police will definitely testify in court about the arrest. They will tell the jury what you said and what you did. Keep these things in mind:

Police cars are equipped to take videos. Some can audio tape conversations. There are also video cameras in police stations and jails. These may be put into evidence in your court hearing or trial.

WARNING: Prosecutors use audio and video taped jailhouse visit conversations in trial. There is no right to privacy while in custody. Only talk about your case with your attorney.

The police might conduct a “show-up Identification.” This is where the victim is brought to the scene of arrest to see if they can identify you. Be calm and collected. Do what the police instruct you to do.

If your friends are arrested along with you, don’t talk to them about the case either. Don’t communicate with them at all. This could seriously impact your case.

The terrifying experience of being arrested will come to an end. From the initial police stop through the booking process, this might be the worst day of your life. The single most important thing to keep in your mind is don’t talk to anyone except your attorney about the facts of your case.

For more helpful information on success strategies for a person charged with a crime, contact

Ira Still, Esquire

Web: http://www.istilldefendliberty.com

Info Blog: http://istilldefendliberty.blogspot.com

Ira Still has been a criminal defense trial lawyer in Florida for over 30 years. He successfully represents his clients on all crimes and in all courts. Ira has had many, many jury trials and is well known in Miami and Ft. Lauderdale as a very successful trial and appellate lawyer. He has argued death penalty collateral appeals in the Florida Supreme Court and in various District Courts of Appeal. Ira has tried high profile cases such as police shooting a person and persons charged with shooting police; capital murder and capital sexual battery; violent crimes; drug trafficking; and virtually every other criminal charge.

Ira Still is also an author, speaker, teacher, mentor and coach.

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Types Of Trials

By Joseph Devine –

When you have been arrested for a criminal case, you begin to understand that you are in a whole new world. The police arrest you and then you go in for a hearing to await some type of bail. Once you have been to your assigned bail hearing you will either be released or held in jail until the day of your trial. Before you go to your trial, you might want to know what type of trials there are.

There are two types of trials that are used in criminal courts. The first type of a trial is what is called a bench trial. This type of trial is when there is no jury. A bench trial basically means that the judge will hear all of the court case and then solely the judge will decide on what they think the verdict should be. The judge will also be the one to sentence to you to what ever the punishment might be. This can be a helpful type of trial if you are worried about what a whole jury of people might think. If you think that they will rule negatively on your case then you might ask your Criminal lawyer in Austin to help you to get a bench trial instead of a trial by jury.

The next type of trial is what is called a jury trial. This type of trial is for the most part self explanatory. This trial means that there will be a jury that goes through the entire trial process. At the end of the trial, they will get together and deliberate to decide on what the verdict will be. There are usually 12 people in a jury and to get an official verdict from the jury, you must have at least a 75% vote from the jury. This may be a positive aspect because of the number of people that are in the jury. If you are worried about your vote, you might decide on a jury trial because you will have more people that might side with your views. Some people choose to have a jury trial because they might they have more of an option for people to feel for the person that they are trying to prosecute. This can also be a negative aspect because people might not side with you and this might end your case badly.

For more information, contact the Austin Criminal Lawyers of Morales and Navarrete at 866-812-4596.

Joseph Devine

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