Jail Time – A Possibility For Severe DUI Cases

By Frank Schumacher –

It is often an assumption that people you see who are behind bars are people that committed violence and have been thrown inside jail in order to protect the rest of the community. However, one fact that is often overlooked is the fact that a person arrested for driving under the influence or DUI can be put behind bars as well. But, lawmakers have been updating and amending penalties and punishment for drinking and driving offenses to impose more strict consequences of the DUI offense.

Some states have required jail time as a possible consequence of a driving under the influence (DUI) offense even though this varies from state to state. The state’s judiciary system will impose specific minimum and maximum time to spend inside the jail as a sentence to the offense. The length of this mandatory jail time is being determined by the multitude as well as the number of offense the defendant has on his or her criminal record.

The judge who is in charge of the case of the defendant’s DUI case has no jurisdiction on the length of jail time that the defendant will receive under the mandatory jail time laws.

Other than the number and multitude of the offense in the defendant’s record, some other factors in determining the length of jail stay also exist. They are mostly called punishment enhancers that can increase the defendant’s jail time. Excessive levels of alcohol found during the blood alcohol concentration test during the period of arrest or if the defendant caused an accident while drinking and driving warrant an additional jail time sentence for the defendant.

Another factor would be transporting a minor at the time of intoxication will similarly add jail time sentence on the defendant.

Aside from jail time, other penalties that the defendant may receive if found guilty of the DUI offense also exist such as longer driver’s license suspension or revocation, community service, rehabilitation, education and the vehicle that was used in the offense may be impounded.

Additional charges or an increase in the defendant’s car insurance may also be faced by the drunk-driving offender in addition to all the legal penalties and consequences. A DUI arrest or conviction may also result to difficulty in attaining or maintaining a standing employment in the defendant’s given field and issues regarding vehicle renting may arise in the future making it harder for the defendants and an added burden to them.

Therefore, it is important to save yourself from all these problems by avoiding drinking and driving altogether. Not only will it benefit you but will also ensure safety of the people in your community.

If you have been arrested or charged with a DUI offense and you are worried that you might face a mandatory jail time sentence, it is essential that you contact an [http://www.az-dui-lawyer.com/html/dui-info.html#faq]Arizona DUI attorney or [http://www.az-dui-lawyer.com/html/dui-info.html#faq]Phoenix DUI attorney who specializes in this field to guide you through the process and educate you with the proper knowledge about what you are going to face.

Article Source: http://EzineArticles.com/?expert=Frank_Schumacher

Credit Card Fraud Penalties

By Debra Feinberg -

What is the penalty for credit card fraud?

Credit card fraud penalties and credit card fraud sentence varies by felony and misdemeanor classes and by jurisdiction and state. Find general sentencing information in New York below (we are federal criminal lawyers and handle all state and federal credit card fraud cases).

1. Third degree identity theft is class A misdemeanor (penal code 190.78

2. Second degree identity theft is a class E felony (penal code 190.79)

3. First degree identity theft is a class D felony (penal code 190.80)

4. Third degree unlawful possession of personal identifying information is a class A misdemeanor (penal code 190.81)

5. Second degree unlawful possession of personal identifying information is a class E felony (penal code 190.82)

6. First degree unlawful possession of personal identifying information is a class D felony (penal code 190.83)

Credit Card Fraud Penalties
Credit Card Fraud Sentence Information

Class C Credit Card Penalties Possible

First Offense
Lowest Amount of time possible:      no jail time or probation
Highest amount of time possible :    5 to 15 years in prison

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      3 to 6  years in prison
Highest amount of time possible :    7 ½ to 15 years in prison

Repeat Offense (Violent Predicate)
Lowest Amount of time possible:      3 to 6 years in prison
Highest amount of time possible :    7 ½ to 15 years in prison

Class D Non Violent Felony Penalties

First Offense
Lowest Amount of time possible:      no jail time or probation
Highest amount of time possible :    2 1/3 to 7 years in prison

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      2 to 4      years in prison
Highest amount of time possible :    3 ½ to 7  years in prison

Class E Non Violent Felony Penalties

First Offense
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    1 1/3 to 4 years in prison

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      1 ½ to 3 years in prison
Highest amount of time possible :    2 to 4 years in prison

Repeat Offense (Violent Predicate)
Lowest Amount of time possible:      1.5 to 3years in prison
Highest amount of time possible :    2 to 4 years in prison

Class A Misdemeanor Credit Card Fraud Sentence Possible

First Offense
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    1 year in jail

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    1 year in jail

Repeat Offense (Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    1 year in jail

Class B Misdemeanor

First Offense
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    90 days in jail

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    90 days in jail

Repeat Offense (Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    90 days in jail

Violation Penalties

First Offense
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    15 days in jail

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    15 days in jail

Repeat Offense (Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    15 days in jail

(note: federal sentencing for credit card fraud the sentencing standards for credit card fraud are classified as a Class C felony first offense and Class B felony for repeat offenses).

Article Source: http://EzineArticles.com/?expert=Debra_Feinberg

DUI Laws and Consequences

By Cary Bergeron

Sure, you know that you will go to court as a result of your DUI conviction. You know that you are going to face fees, fines, community service, and possibly jail time. But what are the other consequences of being convicted of a DUI? Are you ever truly going to be over this conviction, or will it haunt you for the rest of your life? Read more