Should I Hire a DUI lawyer?

By Ian E. Wright

The main reason anyone would ask that question is because they have been charged with some form of  DUI (driving under the influence) or DWI (driving while intoxicated). If this sounds like you or someone you know you need to hire a lawyer as quickly as possible.

There are several reason why you need a qualified DUI lawyer working hard for you. Primarily they will know your legal rights in regard to the specific charge against you. Thus, they will be able to help prevent you from self-incriminating yourself or any other mistakes you are likely to make.

Moreover, if the charge is a serious one, which hopefully it is not, they will know how to defend you in court. You need the experience of a good DUI lawyer because they understand how to talk to judges, juries and the prosecution. And once again they will know the law far more throughly than you will, given their years of legal experience.

Probably the most common argument against hiring a DUI lawyer is that they are expensive. Well this is a valid point any good DUI attorney is going to be expensive, but that is because of the value they provide. For example, how much would you pay to avoid going to jail even for a few months. For many people the cost of the DUI lawyer when compared to the potential fines and/or jail time of not; find that hiring one is a good investment on their part.

There are however some common misconceptions about what a skilled DUI lawyer can and cannot do. Most importantly they are not miracle workers. If you have driven drunk and killed someone there is no way that you are going to get away with only a fine. People often see shows such as Law and Order and think that lawyers can get people out any situation.

The truth is that if you are guilty of killing or seriously injuring some one while DUI you will face jail time. However, even in these cases it makes sense to hire a good DUI lawyer because they may be able to get your sentence reduced somewhat, especially if you plead guilty.

The situation where DUI lawyers work best though is for first time offenders. They can ensure that the fines and/or jail time will be as minimal as possible. Think of them as your get out of jail free card, that you can only use once. The more serious the DUI offense or the more DUI convictions you have the less leeway a DUI lawyer will have with your case.

Thus, if you have been charged with a DUI or DWI you need a lawyer on your case. Just remember that they are not miracle workers. They have to work with the particularities of your case and history. In the end though you will be glad you did. Better yet, don’t drink and drive in the first place and you will never have to ask this question again.

Ian Wright is not a lawyer but writes about many legal issues on his websites. He strongly disagrees with people who drink and drive but respects their legal rights. For more information about this issue please visit his sites about: [http://www.dui-attorney-help.com]DUI Attorney and Lawyer and [http://www.dui-attorney-help.com/Illinois-DUI-attorney.html]Illinois DUI Attorney.

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How the Justice System Works

By Todd Hicks

Do you want to know how executions are carried out in different states? Are you interested in learning how the court system works? Do you wonder what the penalties are for certain offenses? Do you want to learn the difference between the jail system and the prison system? I will answer these questions through the knowledge I gained from attending a criminology class.

Thirty-six of the forty-one states that use the death penalty carry out electrocutions or lethal injections. Washington and four other states resort to hangings or firing squads. Citizens serve on the firing squads. One of the participants has an empty gun.

The purpose of having one empty gun is to create doubt in everyone’s mind. Each shooter will think his or her gun might have been empty; therefore, he or she will probably not feel guilty.

Defendants who enter a plea of innocence receive a trial. Defendants who enter a plea of guilt are sent to sentencing divisions where judges issue sentences the entire day. A plea of “no contest”, or Alford plea, is considered to be a plea of guilt; therefore, a defendant who uses this plea will automatically receive a sentence. Defendants who post bail get their money back if they appear for their trials.

Felonies fall into four different categories. A Class A felony such as a robbery involving a weapon or an act of arson carries a penalty of ten to thirty years in prison. A Class B felony such as a rape or burglary mandates a prison sentence of five to ten years. Commit a Class C felony such as theft or fraud and you will probably receive a sentence of one to five years. The penalty for a Class D felony such as misdemeanor assault or misdemeanor animal abuse is a year or less in confinement.

Jails and prisons serve different purposes. Jails detain defendants awaiting a trial, sentencing or a transfer from one prison to another. Jails also confine defendants convicted of a misdemeanor up to a year. About seventy-five percent of our country’s jails hold less than twenty people.

Prisons detain people convicted of a felony. Minimum security prisons hold defendants who are given a sentence of one to two years. Inmates detained in minimum security prisons are allowed to walk around the facilities as much as they want.

Medium security prisons hold defendants who are given a sentence of two to five years. Inmates who do time at medium security prisons are allowed to walk around the facilities most of the day.

Maximum security prisons hold defendants who receive a sentence that will last longer than five years. Defendants who are unfortunate to spend time at maximum security prisons are restricted to their cells most of the day.

Todd Hicks owns Skill Development Institute, an enterprise that provides a keyboard typing lesson and academic study guide. To become a great typist or student, visit Skill Development Institute. http://sdinst.blogspot.com

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The Bill of Rights – The Speedy Trial

By Aazdak Alisimo

As you’ve probably seen on television and the movies, you have the right to a speedy trial as an American citizen. So, what exactly exactly is this speedy trial stuff about?

As citizens of the United States, you have certain inalienable rights. These include things such as the right to the freedom of speech, the right to bear arms and other civil liberties. The pillars of these rights are found in the Constitution. The sixth amendment of the constitution provides us with the right to a speedy and public trial.

So, who cares if you have the right to a speedy trial? What’s the big rush? Well, we have to look at other countries to get a better idea. Many authoritative regimes have touted themselves as democratic in nature. To one extent or another, they hold up the fact that they guarantee a right to trial to their citizens.

The problem, however, is in the details. They don’t offer a speedy trial. Instead, they arrest citizens and then let them sit in jail for years while waiting to go on trial. In some countries, they might wait up to ten years before getting their day in court. In a vast majority of these cases, the defendants are in jail because they object to actions being taken by the government.

The constitutional right to a speedy trial keeps the U.S. government from putting citizens in jail for a prolonged period. Following 9-11, the Bush administration has been roundly criticized for violating this notion via the Guantanamo Bay facility where prisoners have been held without any trials for years. The US Supreme Court has rejected the position of the Bush Administration and trials have begun.

So, how long can you sit in jail before the right to a speedy trial becomes an issue? It depends on the situation, but six months is generally a cut off period. Murder cases can be much longer. Ironically, most defendants do not invoke the right to a speedy trial as they want their attorneys to have time to mount a defence. In such cases, a defendant can waive his or her right to the speedy trial.

Aazdak Alisimo writes [http://www.criminaldefenselawyernet.com/criminal-law-articles]criminal law articles for CriminalDefenseLawyerNet.com where you can find a [http://www.criminaldefenselawyernet.com]criminal defense lawyer near you.

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Family Law Attorney

By Clifford Young

In any modification of child support there must be a judge to approve and legally enforce the order. The custodial and non custodial parent cannot legalize any agreement when modification for child support is involved without any judge. In any change of agreement the court must be requested to hold a hearing in which each of the party can argue the pros and cons of the proposed modification. In such hearing, both parties need to be represented by their lawyers like the Detroit family law attorney. In general, the court will not modify any existing order unless the parent proposing the modification without showing any changed circumstances. This rule encourages stability of arrangement and helps prevent the court from becoming overburdened with frequent and repetitive requests. Read more

Arizona Child Support Laws

September 23, 2008 by Maricopa County Court  
Filed under Child Support, Going to Court

By Holcy Thompson III

Child support plays a major role when it comes to providing support for a custodial parent’s child/children. In today’s world, a working single parent must provide for there children the best way possible. The Division of Arizona Child Support Enforcement (DCSE) helps both the custodial and non-custodial parent establish, collect, and enforce child support payments.

Applying for Child Support Laws

Child support services are offered to both the custodial and non-custodial parents. These services provide the custodial parents with establishing paternity and child support, locating the non-custodial parents, and enforcing Arizona child support laws. These services are automatically provided for families who are receiving public assistance under the Temporary Assistance to Needy Families (TANF) program. Parents who are not under the program can still receive free services from the (DCSE) by filling out an application to have child support enforcement services provided for you.

When filling out the application, be prepared to provide information such as the non-custodial parent’s full name, address, and the SSN, the address of their recent employer, information on the non-custodial parents income or any assets they may attain.

Establishing Child Support laws

When establishing child support, the DCSE office will work with both custodial and non-custodial parents. When child support is established, the court will then determine the amount of money the non-custodial parent will pay each month. The court will also decide which parent will provide medical support for the child/children.

Enforcing Arizona Child Support Laws

When a non-custodial parent avoids paying their child support obligations, the Arizona DCSE will enforce several methods to motivate the parents to pay. These methods include income withholdings, new hire reporting, liens against any property they may own, suspension of driver’s license, passport denial, and the interception of any lottery winnings. There are also many other methods to enforcing Arizona child support laws.

Modifying Child Support Laws

When Circumstances arrive such as if one of the parents are laid off from their job, they are able to request a child support review. The request should be done in writing and have a valid reason as to why the reviews should be looked at by the courts. It can take up to six months before both parents will know the outcome of the child support modifications. http://www.child-support-laws-state-by-state.com/arizona-child-support.html Click for Arizona Child Support

Or http://www.child-support-laws-state-by-state.com/child-support-collections.html Click here for child support collections

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Arizona DUI Fines

September 19, 2008 by Maricopa County Court  
Filed under DUI, DUI Court, Going to Court

By Peter Emerson

The rising incidences of DUIs (driving under the influence) in Arizona have prompted lawmakers to institute higher fines, making it more difficult for offenders to circumvent the consequences of their actions.

The Arizona DUI fines are now pegged at $1,450 for first-time offenders and $3,400 for second-time offenders. This includes standard fines, surcharges (amounting to 80 percent of the fines), additional $500 fine imposed on first-timers, and $1240 for repeat offenders. These additional fines were imposed in August 2005, to augment the standard fines that only covered expenses for court procedures.

The additional money goes to improvements in highway safety systems and prison housing facilities, according to Arizona lawmakers.  The Arizona Department of Public Safety is adding more police \ along highways to help deter and arrest drivers who go on the road while under the influence of alcohol and other substances.  The fines also go to “prison construction assessments,”  since every DUI offender found guilty needs to serve a mandatory prison sentence.

Note that fines actually vary depending on the gravity of the offense. First-time offenders found to have very high alcohol content in their bloodstream (.15 or more) may be asked to pay as much as $2,700.  The fines stated above are the minimum fines, and depending on the judge, an offender may be forced to pay a much higher amount. In addition to the crippling fines, DUI offenders may also lose their driver’s license and are ordered to submit to alcohol screening and drug and alcohol counseling sessions.

If you happen to be charged with DUI and cannot pay the fine upfront, you have the option of paying it over time.  Immediately consult with an experienced Arizona DUI attorney to prevent losing your license and to protect yourself from other possible fees. But the best advice is still prevention – don’t drink and drive. This way you stay safe, avoid fines and keep your record clean. [http://www.e-ArizonaDUIAttorneys.com]Arizona DUI Attorneys provides detailed information on Arizona DUI Attorneys, Arizona DUI Fines, Arizona DUI Defense, Arizona DUI Laws and more. Arizona DUI Attorneys is affiliated with [http://www.e-ArizonaDUILawyers.com]Arizona DUI Penalties.

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Drug Court Alternative Sentencing – Stay Out of Jail and Get Free Addiction Treatment

September 9, 2008 by Maricopa County Court  
Filed under Drug Court, Going to Court

By Christian Shire

Alternative Sentencing

Alternative sentencing is an option that many courts turn to when seeking punishment for certain crimes.  Often, when the crime is drug related and non-violent, it would actually be more affordable and productive in the long term for both the offender and the community if they had treatment instead of incarceration.  A prison sentence sometimes leaves people just as addicted when they get out as when they got in jail.  The addiction itself is sometimes the real problem and by treating the disease itself and giving the offender skills to deal with it, it is hoped that they will not be in court again.

Non Violent Offenders

In recent years, drug courts specifically designed for nonviolent drug offenders and nonviolent crimes committed by drug users have emerged in all states to help the traditional criminal justice system – a system that is being overwhelmed by relatively minor drug offenses.  Defendants can agree to participate in a drug court program and upon completion may get a reduced sentence or even dismissed charges.

The options offered and mandated by the courts can widely vary depending on the crime, the state, the judge, the defendant’s history and situation.  Typically, courts will offer one or a combination of probation, drug education classes, chemical dependency treatment, house arrest or mandatory drug testing.  There may also be special programs in certain areas for family friendly treatment or supplemental mental health services for co-occurring diagnosis.

Getting In

Once an offender has been arrested, there are a variety of steps and procedures that they must follow.  Usually, a professional psychological profile for when an offender is indicated or pre-sentencing evaluations used by law firms are necessary.  Courts may have qualified expert witnesses in substance abuse or dependency. Some courts may refer an offender to treatment or one may need to find a state certified treatment program that can provide the proper documentation and support in court.  Some treatment centers have established relationships with courts and can arrange individualized and structured alternative sentencing proposals.

Find a court approved treatment program http://www.choosehelp.com

Or read the daily blog entry at http://www.troubleblog.com/

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