Top 3 Reasons Why You Should Have A Criminal Attorney On Standby
You might not believe it but preparing for the unforeseen circumstances is always necessary, this is according to entrepreneur.com. The preparation will always get you into a better mental state, unlike when you are caught unaware and you have to make hurried decisions. Hurried decisions sometimes can make you make the wrong decisions. For instance, having a criminal defence attorney doesn’t mean you are a criminal. It is just advisable for you depending on what you do, because you are preparing yourself for anything. Who knows when you will commit a crime or who knows when you will be accused of committing crime? When you hire one, you will need to consider lots of features of the lawyer. However, this procedure will be a bit difficult for you when you desperately need one. So it is better to hire one in advance. All in all, when you have a criminal defence attorney by your side, you get to enjoy certain things. Some of these things include;
- Familiar territories
Any good criminal defence attorney knows his or her battling grounds. Thus, they stand a better chance of knowing what happens there more than you do. You need them because they have already mastered the art of defending other crime related cases. Through these cases, they have gathered relevant skills and knowledge which they can always use in your favour. They can always use such skills to swing a case in your direction. On the other hand, they know how to look for loopholes in crime related cases. Once they have a loophole, they always use it to your benefit. One thing you should never forget is that such abilities can only be exercised by someone who has gathered enough experience. With experience, you will always be more confident of the case brought against you.
- Defend you
Any attorney you hire should always represent you legally. Whether he or she is a criminal defence attorney or a divorce attorney. Legally representing you involves defending you and at the same offering guidance on the nature of your case. It your criminal defence attorney who will advise you on what to respond to and what not to respond to. Defending you generally means, making sure that you don’t get to jail or if you do, you get a short jail term. Some crimes have heavy penalties, it is up to your criminal defence attorney to make sure that the punishment isn’t severe. If you are a family person, you can’t afford to be away from your family for a very long time. That’s why your lawyer should use all means possible to get you back to your family.
- Paper work
Crime related cases require a lot. You will always get tired once the case is done. However, that doesn’t have to be the way forward. With a criminal defence attorney on standby, you will be able to rest because they will take care of the paper work. The paper work in each case is different. A criminal defence attorney has colleagues who will always ensure that all the paper work is done and there is proper filing of each document you agree on with the court. Sometimes, the paper work will involve typing of agreements or even drafts on the court proceedings, this is something you can’t handle if you aren’t used to it. That why you need to hire a criminal defence attorney from www.caldwellkearns.com/practice_area/criminal-defense/.
Court-Ordered Rehab: 8 Facts You Need to Know
In lieu of going to jail, many judges mandate a defendant attends a court-ordered rehab. These rulings are occurring more and more, as we’re seeing how drug punishments don’t always serve their crimes. Plus, drug rehab, rather than jail time, could actually save the criminal justice system billions of dollars.
Court-mandated rehab can help you get the treatment you need for substance abuse. Rehab treats the issue at hand, rather than the criminal aspect which proves to be ineffective. If a judge orders you to attend, consider this an opportunity.
If you’re curious about your upcoming program, you’re not alone. Here are 8 facts you’ll want to know before attending rehab.
1. Choosing Your Rehab Facility
Defendants have their choice of a facility, but they must consider their sentence. Most judges mandate they seek a specific form of addiction treatment based on the crime.
For example, you may have to attend individual counseling, rather than a group setting. The court may also order you to attend a long-term program, i.e. one lasting longer than 90 days. Long-term programs are generally considered more effective.
Courts also tend to gravitate towards inpatient care, due to the structured nature. These facilities offer regular therapy sessions in a substance-free setting. Inpatient care often leads to a safer recovery process than those off-site.
2. Funding for Court-Ordered Rehab
In most cases, the defendant is responsible for paying for their rehab program. This may seem like a burden, but you must remember that rehab is an investment for the future.
Of course, inpatient care is more expensive than off-site services. Even if you’re ordered to live at a facility, there are some ways to offset the cost of your care.
Medical insurance can help lower your out-of-pocket costs. You may also want to inquire about private loans or consider paying in full. Again, go into this with the mindset of investing in a drug- and crime-free future.
3. Treatment Programs Are Effective
Many defendants feel their court-ordered rehab is a punishment, not a second chance. But, these programs are the most successful intervention for treating substance abuse issues.
Addiction and mental health disorders shouldn’t secure a person’s spot as a criminal. 65% of U.S. inmates have a substance abuse disorder, meaning they’re not getting the treatment they need.
The decision to mandate rehab, rather than jail, is one made out of compassion. It’s a chance for a future of stability and recovery, rather than imminent danger.
4. There are Consequences
Court-mandated rehab isn’t a total free pass. If you violate your sentence, there will be consequences. Most violations occur when a person refuses to enroll or stops attending before the required amount of time.
But, you’ll also get into further trouble if you relapse several times, possess drugs, or sell drugs. If guilty, a judge may sentence you to immediate incarceration, or impose a hefty fine.
Even if your violation was a one-time occurrence, you’ll still be accountable for your actions. Talk with someone at your facility if you feel your treatment is ineffective. Don’t stop attending unless you receive formal permission to do so.
5. Methadone Treatment vs. Opioid Treatment
Many make the mistake of assuming treatment for methadone is the same as other painkillers. Methadone withdrawal is similar to that of opioids. But, it’s longer lasting and far more intense, so it requires specialized treatment.
For that reason, you’ll want to seek a facility that specializes in rapid methadone detox. Other Methadone clinics tend to focus on tapering patients off the substance. But, for long-term results, patients need immediate detoxification.
It’s increasingly difficult to get someone off Methadone at small doses. Plus, given the symptoms withdrawal causes, it’s imperative a patient finds appropriate care.
6. You Must Earn Your Freedom
It doesn’t matter whether you’re at rehab because of your own decision or the court’s. You will revoke a lot of your freedom when entering the facility. It may not make sense at first, but it’s for your safety.
You might not be able to make calls for a while or even roam around the property. Over time, your caretakers will see that they can trust you and ultimately grant you your freedom.
Rehab is full of rules- ones that aren’t always so easy to follow. But, keep in mind that any violations could result in further restrictions.
7. Additional Requirements
Most rehab programs require you attend daily meetings or participate in certain activities. Those attending due to a court order may be subject to more requirements than others.
Often times, rehab doesn’t absolve one of all their crime-related punishments. Paying restitution and drug testing are both common consequences of a rehab sentence.
You may even have additional responsibilities after your treatment is over. It’s common for defendants to have a period of probation following rehab.
8. Why Court-Ordered Rehab Happens
It isn’t always evident why one person receives rehab over another. Rulings vary on defendants and the court itself, but there are some common predictors.
Those facing a first-time offense often receive rehab as a lighter form of punishment. Non-violent and non-sexual crimes are also other basic requirements.
Furthermore, a defendant must be willing to acknowledge the cause of their issue. They must plead guilty and have the desire to overcome their addiction.
Let’s Wrap This Up
Court-ordered rehab is a blessing in disguise. It helps defendants far past the legal sense. These programs can truly be a turning point in one’s life.
If you’re going to court over a drug offense, let us help you. Halt Lawyer Directory is your go-to database for finding the right attorney. Search through thousands of lawyers in your area right here.
3 Mind Blowing Benefits Of Hiring The Right Criminal Attorney
Every country has laws. These laws are tailored to suit the needs of that particular country. Even within the country, the laws are customized to each locality. The laws are there to protect the citizens of the country and make sure that everyone is treated equally. For those people who have been accused of breaking the law, they need to have proper counsel to see them through their court proceedings. That is where lawyers come in. There are numerous lawyers depending on which genre of law they have studied. The type of lawyer that you hire should depend on the issue that you have, among other factors. For example, if you have real estate issues, you can get a property lawyer. According to wikipedia.org, you can also hire a criminal lawyer to represent you or your company in the event you are charged with a criminal activity. Choosing the right criminal lawyer for your case can make all the difference in the world for your case. This is because these criminal attorneys provide you with all the benefits that you can think of. Some of the benefits of hiring a qualified lawyer from Nashville’s Criminal Defense Attorneys include:
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Protection
In order to build a strong case against you, the people prosecuting you need to have a lot of foolproof evidence to prove that you did the crime. The collection of this evidence usually takes place, in part, during interrogation at the police station. The police are usually trained with skills on how to get information out of people. They can convince you that you are doing it to save yourself but you are incriminating yourself. These statements can be used in court. However, in the presence of a criminal attorney, the police won’t pressure you as much. Furthermore, the lawyer will tell you which questions are safe to answer.
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Comfort
Sometimes, during the court proceedings and investigations, you may begin to feel hopeless and downcast. This is because you may start feeling as though you might lose the case. During this time, you need comfort from somebody who understands what you are going through. The criminal defense lawyer that you have hired will do just that. They will be able to comfort you and give you counsel based on facts and experience. Furthermore, they can foresee certain outcomes and prepare you in advance.
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Strategy
In order to solve any problem, you need a plan of action on how to attack it. Without a plan or strategy, you won’t be able to sort out the problem effectively. The same thing applies to any criminal proceedings that you might be undergoing. You need a plan. Considering you don’t have full knowledge of the law, you may not be the best person to do that. However, the criminal attorney can sort this out. Based on the experience and interaction with numerous judges, your lawyer will be able to come up with the best strategies to help you win your case.
Drunk Driving Laws In the US – DWI Basics Explained
Cruising down the roadway after getting wasted might look like a cool idea in the movies but the US legal system sure doesn’t think so. Drunk driving is a serious offense, one that is punishable under the US constitution. Here are some of the basic laws concerning drunk driving cases and the precautionary measures you can take up to avoid such as ordeal. Also, if you know someone who is convicted for driving while under the influence of alcohol you can check up on their jail term and other details on Inmates101, a website that keeps track of all prison inmates across the state;
What Qualifies as “Drunk”?
Now, each state has its own rules to define how drunk a person must be to be qualified as “being drunk”. However, the Congress has appealed for a standard yardstick to measure how inebriated the person is. States that want to tap on a major chunk of federal funding comply with the set standard that presumes that 0.08% of alcohol in the bloodstream is “drunk enough” to drive. There are states where the permissible alcohol content in the blood has been lowered to 0.04% for commercial drivers and even less for people under the age of 21.
Stopping a Drunk Driver
The police often set up random checkpoints on the highway or other frequented routes and stop every vehicle or any car at random for a drunk driving test. A prior complaint by any other driver or any evidence of inebriated behavior adds on to the suspicion and may result in you having to pull over. According to the The National Highway Traffic Safety Administration (NHTSA), “turning with a wide radius, straddling the painted lines on the roadway, weaving, appearing to be drunk, striking or almost striking another vehicle, swerving, driving on the wrong side of the road and, braking erratically”, all fall under suspicious behaviour.
Field Sobriety
The field sobriety test usually involves the police officer asking the drunk driver to perform some tasks to check its brain-to-limb coordination. Some of the tests to check the cognitive abilities of a person would be to ask him to walk on a straight line or recite the alphabets backward. The police can even conduct a chemical test using a Breathalyzer to measure the drivers BAC or Blood-Alcohol concentration levels. Normally, the driver cannot refuse to give in a sample of his blood or urine to conduct chemical examinations. Failure to cooperate with the authorities may result in penalties or suspension of the license.
DUI/DWI Laws
The Driving Under Influence (DUI) and Driving While Intoxicated (DWI) are two offenses registered by law which govern the drunk driving cases. All states have DUI laws which are further divided into two sections- the zero tolerance laws and the per se laws. The zero tolerance laws are for underage drivers. The legal age for drinking in the states is 21, people under the age of 21 if found behind the steering wheel with the lowest trace of alcohol in their bloodstream (even 0.01%) are liable for questioning and a penalty. The per se intoxication laws pertain to all adult drivers who have a BAC of 0.08% or more.
Evidence Involved
The police can convict the driver even without medical proof in case of a “per se intoxication” if there is other evidence to prove his intoxicated state. Most criminal penalties include paying a fee, jail time, probation or community service. People who have a history of DUI violations and reckless road behavior are more likely to get convicted. And if rash driving leads to loss of property or life, then the sentence is even more severe.
The Investigation and Conviction
Once there is enough evidence to convict a driver for rash road behavior, then the police are free to check up on his track record and conduct a detailed investigation to dig up more details. And getting convicted under the DUI laws have an immediate impact on your driving privileges. Your license will be canceled, your vehicle confiscated, and, in some cases, you might even have to serve jail time. If you have a clean track record, chances are the laws might not be as harsh upon you. A regular offender will have to pay the fee and get an ignition interlock system installed in their car at their own expense which could be used to monitor his activities on road.
What Can You Do?
If you are convicted of drunk driving, the best way out would be to just cooperate with the officers. You can demand a lawyer and legal representation in court, but the district attorney offices are usually unwilling to negotiate for plea bargains especially if it’s a serious violation. You can contact a DUI lawyer to get actionable legal advice.
Playing Safe with Plea Bargaining
21st century is the age of plea bargain in the United States of America. Gone were those days when people would subject themselves to a trial after being charged with a crime. This reality was acknowledged by Supreme Court Justice Anthony Kennedy last 2012.
Nowadays, very few cases go to trial as the majority of felony convictions are now the result of plea bargains. The Bureau of Justice Statistics in US claimed that only about two-thirds of felony defendants were convicted, while approximately more than 95% of these convictions transpired through a guilty plea.
In a plea bargaining, defendants, for whom there are clear evidences of guilt; accept responsibility for their actions as an exchange of getting leniency. At the end of the day, a time-consuming and costly trial is avoided and everybody is playing safe.
Scope
Plea-bargaining, in layman’s term, is the agreement of a lesser penalty in return for a guilty plea, in which a prosecutor will offer bargains to defendants such as dropping some charges, replacing the original charge with a less serious one or seeking a lower sentence.
Legally speaking, plea bargaining is constitutional. It requires defendants to renounce the right to a jury trial, the right against self-incrimination, and the right to confront witnesses. Thus, defendants’ guilty pleas must be voluntary, and may only plead guilty if they know the consequences of doing so.
There are three types of plea bargaining. First is Charge Bargaining that is used when a defendant pleads guilty to a less serious crime than the one originally imposed. Second is Count Bargaining that is used when the defendant pleads guilty to a fewer number of the charges. Last is Sentence Bargaining that is used when the defendant pleads guilty knowing what sentence will be given.
Furthermore, it is legally binding. Legally binding indicates that an agreement has been consciously made, and certain actions are now either required or prohibited. Hence, it is a contract between the prosecutor assigned to the case and the defendant named in the case, who must abide by the terms of the agreement.
As plea-bargain considered as a legally binding contract, a defendant breaking a plea bargain is affiliated to a breach of contract, leading the prosecutor to be no longer being bound by his or her responsibility in the plea deal.
If, say, the prosecutor is the one who reneges on a plea agreement, the defendant can seek relief from the judge. The judge might let the defendant withdraw the guilty pleas or may force the prosecutor to follow the plea bargain. Hence, both parties should make sure that the plea bargain is recorded, in case a party would claim that a plea bargain was never been discussed.
Prosecutors’ Perspective
There are specific reasons why a plea bargain is offered by the prosecutor to the defendant. To start with, defendants can avoid the time and cost of defending themselves at trial, the risk of harsher punishment, and the publicity a trial could involve.
What’s more, the prosecution saves the time and expense of a lengthy trial. Guilty pleas can be arranged in minutes, while criminal trials would take days, weeks, or sometimes months. With this, the court system is saved from the burden of conducting a trial on every crime charged.
Legal Process
After the processes of getting criminal charges and initial hearing, an offender can then be offered with plea bargaining. In short, plea deals are done shortly after a defendant is arrested and before the prosecutor files criminal charges. An offender may only plead guilty if he or she actually committed the crime and admits to doing so in open court before the judge.
When an offender admits to a crime, he/she agrees of being guilty and may be “sentenced” by the judge presiding over the court, who is the only person authorized to impose a sentence. The next step is to prepare for a sentencing hearing, only if when there is no trial anymore as the defendant pleads guilty.
Upon taking into place, most plea bargains must be approved by a judge in a court of law. It can’t be approved by a judge, unless both sides of the process agree on the terms of the bargain. The judge will ask both sides if they approve of the terms. If one side does not agree of the terms, then the two parties have to go back to settling the agreement.
Plea bargaining is an entirely private process. In most cases, no one besides the defendant, his or her criminal lawyer, the defense counsel, the prosecutor and sometimes the judge are present in the conference room. Also, everything about the plea bargain is not made known to the public until the bargain has been agreed upon by all sides involved.
Legal Characteristics
Generally, legal characteristics increase the likelihood of accepting a plea, since there is more uncertainty in outcomes for both chronic and more serious offenders. More generally, those who are taken into custody are more likely to accept a plea and are less likely to have their charges dropped.
Other legal characteristics that can increase the chance of accepting a plea include the defendant’s prior record; the use of a public or private defender, such as the Legal Aed Criminal Lawyer in Fresno, California; the detention status of the offender; the seriousness of the current offense and prior record; the seriousness of the crime committed; and the strength of the evidence.
Takeaway
One of the good things about plea deals is that either side can propose a plea. If the defendant’s lawyer feel there is an appropriate sentence for the crime and wish to avoid a trial, they can negotiate with the prosecution to find a punishment that they both agree as just.
Defendants worry about how the punishment for their crime can affect their lives in the long run. Although the defendant will plead guilty to a crime if they accept a plea negotiated by their lawyer, it could be a lesser charge that won’t have such a negative impact on their life.
5 Things to Remember If You’re up Against False Accusations in Court
People can make you crazy. If they make accusations that are clearly (or unclearly) false, your reaction matters a lot. Psychology Today notes, “If you are not believed, if you cannot fight back with the true story, if now you are distrusted and under scrutiny, the sense of helplessness is overwhelming.”
If the false accusation happens to be that you committed a sex crime, the results can be devastating. Those accused often feel judged guilty before the facts are even heard. Unfortunately false sex offender allegations are easily made with little to no evidence by someone with an agenda or axe to grind.
Given the potentially catastrophic consequences of a sex crime allegation, it is critical to quickly consult an attorney with expertise in all the best sex crimes attorney defenses to use to vigorously protect you from being charged with a sex offense.
What to do if you’re up against false accusations?
Get a grip
- False allegations are upsetting. No one appreciates being called a “liar” when there’s so much at stake. Still, you can’t let it get to you.
You should sit and breathe deeply. Lose your cool, and you will miss what is going on. If you expect to argue against the false accusations, you must listen. If you are going to turn these accusations around, you don’t want to complicate the situation with emotional outbursts. Anger and dramatics only stretch you emotionally and exhaust your energy.
Plan your comeback
- Representation by McPhie Law would urge you to organize your thinking and support. The “false” accusations could be mistakes, miscommunications, or misunderstandings. Reasonable people can work out such things.
So, it is in your interest to plan a response with notes, records, receipts, journal entries, phone reports, bank accounts, and so on. If you have the evidence, you can organize an alternative defense against the accusations. In some cases, this means calling on witnesses to the event or to your version of the issue.
Get a lawyer
- Some courts don’t admit attorneys. But, if you are called to other civil courts, you should have representation. In Civil Court, false accusations can have big consequences, so you want the legal advice to represent your interests. With the potential for criminal charges or financial damages, you need representation
Court procedures usually have a mandatory settlement negotiation. False accusations or not, you may want to reach a settlement to save yourself expenses and emotional costs.
Keep it to yourself
- In a criminal case, the police will advise you of your right to avoid self-incrimination. The wording of criminal charges may upset you, but there will be time to make your case.
You shouldn’t answer questions until your attorney is present. The lawyer will meet with you in private about what you did or didn’t do. And, you will leave it to the attorney to frame your response. Likewise, you want to reject any plea deal that lacks your lawyer’s input.
Turn the case around
- Some false accusations amount to a case deserving financial damages. You could sue for damages to your reputation and earnings potential. Slander and libel justify a lawsuit on your part.
The false accusations can amount to an abuse of the legal process and/or malicious prosecution. When the false accusations are deliberate and malicious, you have the right to recovery. Such events are rarely a matter of a mistake, misunderstanding, or miscommunication.
Up against false accusations?
Psychologist Dr. Phil says, “Accept that there is no way you can erase what has happened. Even though the accusations may be unfair and untrue, the situation is real. You need to get out of denial about that in order to deal with it in the here and now.” If you can get a hold of this advice you can proceed with the five things you need to remember when you’re the victim of false accusations.
What Is a Criminal Defense Attorney and When Do You Need One?
At some point throughout the course of your life, you’ve likely heard the term “criminal defense attorney.” However, just because you’ve heard the term doesn’t mean that you understand it. After all, there are so many different types of attorneys out there that it can be difficult to keep track of their varying responsibilities.
So, what is a criminal defense attorney? What does a defense attorney do? When do you need one?
You can find the answers to all these questions and more by reading below!
What is a Defense Attorney?
A defense attorney is a specific type of attorney who defends criminally charged individuals in a court of law. Defendants charged with a crime either hire a defense attorney themselves or have an attorney appointed to them by the court system.
While some defense attorneys are generalists who will take on any type of court case, many defense attorneys have specializations. For example, a defense attorney might specialize in defending those charged with homicide.
Defense Lawyer Responsibilities
Defense lawyers have a number of responsibilities to which they must attend. These responsibilities take place both in and out of court. They are as follows:
Speak With Client About His or Her Case
Whether a defense lawyer is a public defender or works independently, their first responsibility is to discuss their client’s case. Generally, this discussion happens in-person through an interview process.
The attorney will ask the client relevant questions about the case. This helps them get important information and use that information to form a defense. During this process, it’s vital that the client answers questions as truthfully as possible. If a defense attorney receives inaccurate or misleading information, he or she will struggle to create a thorough defense.
Investigate the Case
When it comes to researching the case, interviewing the client is only the tip of the iceberg. Defense lawyers must perform an extensive investigation. This involves speaking to police officers, witnesses, and experts.
In addition to this, the defense lawyer will also review the case drawn up by the prosecution. The prosecution is legally required to submit its case to the defense before the trial begins. This procedure allows the defense an opportunity to build a case against the accusations.
Examine Evidence
After gathering witness and police statements, the defense attorney will turn to the evidence involved in the case. He or she will examine this evidence thoroughly, trying to figure out how it will affect the trial and the perceptions of jurors.
In some cases, he or she will have this evidence tested by an independent entity to figure out whether it can help or hurt the defendant’s case.
Select the Jury
Next, the jury selection process will begin. Defense attorneys have a large role in this process, interviewing prospective jurors to determine whether they have any biases against the defendant.
This process is important to the outcome of the trial. By working to pick and choose desired jurors, a defense attorney can increase his or her client’s chances of a successful trial outcome. Due to its importance, seasoned lawyers will often hire juror selection specialists to help them with this task.
Engage in the Plea Bargaining Process
In some circumstances, prosecutors will grant defendants a lenient sentence in exchange for their cooperation or admission of guilt. For example, let’s say a defendant has vital information about a wanted individual. He or she might be able to provide that information in exchange for a reduced sentence.
This process is plea bargaining, and it is a negotiation between the prosecuting attorneys and defense attorneys. A talented defense attorney will often be able to strike up a deal for his or her client. This deal often results in less prison time, smaller fines, and similarly reduced sentences.
Act as the Client’s Representative in Court
Once the defendant’s trial begins, his or her defense lawyer will act as his or her representation. This includes arguing on his or her behalf and acting as his or her legal voice in the courtroom.
While in court, defense lawyers will hear testimonies, speak to jurors, and cross-examine witnesses and experts. This is all done in an effort to sway the jury’s opinion toward the side of the client.
Handle Sentencing
In the event that the defendant receives a guilty verdict, the defense attorney will act as the representative at the sentencing hearing. This is the hearing in which the judge administers a punishment.
Defense lawyers speak to the judge, doing everything in their power to limit the severity of the sentence handed down. While a good criminal attorney won’t always get a sentence reduced, he or she provides the best chance of doing so. If you lose your case you can always hire a civil appeals attorney.
When Do You Need a Criminal Defense Attorney?
Generally, it’s recommended that you hire a criminal defense attorney whenever charged with a crime. In some cases, you’ll also want to use the services of a defense lawyer when you’re questioned by police.
All types of crimes, both misdemeanors and felonies, can result in harsh punishments. These punishments include lofty fines and lengthy prison sentences, meaning that you should avoid them at all costs.
An experienced defense attorney knows the ins and outs of arguing in a court case, giving you your best chance of a successful outcome. Whether you’re charged with drug possession, sexual assault, or manslaughter, a defense attorney can help you.
Find a Suitable Defense Attorney Now
Are you facing criminal charges? Looking for a suitable defense attorney to represent you in a court of law? If so, our website can help you.
Halt is a legal directory designed to connect individuals with the appropriate lawyers. Regardless of the charge that’s levied against you, our directory will help you to find an attorney suitable for your case.
Protect yourself and search for an attorney now!
Charged with Domestic Assault? 5 Key Points to Remember
You were recently charged with domestic assault or another charge related to domestic violence. Chances are that your mind is filled with questions – especially when it comes to how your case will play out in court. Before you become overwhelmed by an endless maze of “What If?” questions, here are several key points that you must remember:
The Purpose of the Domestic Violence Hearing
The domestic violence hearing is typically the first stage of the judicial response to this type of charge. The judge assigned to your case will primarily focus on two key factors: the evidence and the victim. Is there enough evidence presented that will support a protective order that favors the victim? The answer to that question will help the judge to determine if the alleged assailant should be allowed to have any contact with the victim and (if applicable) their children.
Understand Your State’s Definition of Domestic Violence
How is “domestic violence” defined in your state? A common mistake is to assume that domestic violence only applies to physical violence. However, the definition of domestic violence according to your state may paint a different picture – one that could drastically change the way you view your chances.
For example, in Arizona, the scope of domestic violence covers much more than just physical and sexual violence. It also covers emotional abuse, neglect and economic control. You do not even need to be physically near the alleged victim. Such acts as harassing phone calls, recording them without consent, threatening conversations, or even criminal trespassing can fit within this category as well.
The Victim May Not Be Able to Dismiss the Case
Another common misperception is that all you must do is get the victim to drop the charges to make everything “go away.” First-time offenders may avoid seeking legal representation, because they believe that the victim can have a change of heart and “pull the plug” on the entire case. Once again, this goes back to how your state handles domestic violence cases.
An average of 1,200 people become victims of physical abuse by an intimate partner in the U.S. every hour, according to the National Coalition Against Domestic Violence (NCADV). Therefore, it is not surprising that most states take the prosecution of these cases seriously – with or without the continued support of the victim. In most cases, the district attorney is the only one with the authority of drop a domestic assault case. Even if the victim refuses to testify, the State is still able to aggressively prosecute a case.
Mandatory Counseling is Just One of the Potential Results
It is true that mandatory counseling is a typical result of most domestic assault cases even when the assailant is not sentenced to serve any jail time. However, depending on the nature of the crime and the defendant’s criminal history, it can still be charged as a misdemeanor or felony. It could also lead to restraining/protection orders, custody losses, civil lawsuits, and more. To say that a single charge of domestic assault can change a person’s life forever, therefore, is a major understatement.
Take Your Legal Representation Seriously
It is never wise to face a courtroom battle or any major criminal charge without retaining legal representation. A significant number of people fall into the trap of believing that they have an “open-shut” case that will end in their favor – which is why they feel as if they are saving a lot of money by not retaining a criminal defense attorney to handle their case. As referenced above, by going into the legal proceedings associated with this type of charge without an expert attorney at your side, money is not the only thing you risk losing.
Liz S. Coyle is the Director of Client Services for JacksonWhite Attorneys at Law. She also serves as a paralegal for the Family Law Department. She is responsible for internal and external communications for the firm.
Top 5 Things You Need To Know About DWI in Texas
It’s that time of year again. Everyone is going to parties eating and imbibing. This time of year the police are out in full force. Cops are waiting just to pull you over and you don’t want to get caught after drinking. A DWI is an awful experience and when it happens around the holidays it only compounds the matter.
You don’t want to be the one to spend Thanksgiving in jail. Picture it. You enjoy an amazing meal with your friends and family but you had a bit too much alcohol to drink. You come to a DWI checkpoint or perhaps one of your tail lights were out and you got pulled over. You don’t want to get caught in this situation but if you do here are some things you need to know in the state of Texas or before you call a Houston DWI lawyer.
Factors
Every case is different and when it comes to DWI’s in Texas there are several factors that can have an effect on your case and here are some of the things that a judge considers when sentencing you. Things such as your age. For instance, if you are under or over 21. What kind of license you possess. Have you had a DWI before? How high was your BAC (Blood Alcohol Content)? Were there any drugs involved? Did you cause or were you involved in an accident? Were there injuries or severe damage to anybody’s car? What is your race and what are the judge’s beliefs and tendencies? Is your lawyer any good?
Penalties
Using the factors above will determine what kind of penalties you’ll receive. Some penalties are mandated and some are discretionary pending other factors. If you are over 21 these are the fines you may receive.
First DWI
3-180 days in jail
Fines up to $2,000
Suspended license up to 2 years
Surcharge annually to keep your license of up to $2,000 lasting 3 years
Second DWI
Jail time of 1 month to 1 year
Up to $4,000 in fines
Suspended license for up to 2 years
Up to 3 years annual surcharge of up to $2,000 to keep your license
Third DWI
2 to 10 years in jail
Up to $10,000 in fines
Suspended license for up to 2 years
Annual surcharge up to $2,000 for 3 years to keep your license
If you are under 21 you are really in trouble. Texas has a zero-tolerance policy when it comes to underage DWI offenders.
For your first DWI offense if you are under 21 you’ll face a suspended license for 1 year. You’ll face fines up to $500 and have to attend an alcohol education program. You may also have to perform community service. Finally, you may be told you have to put an ignition interlock device on your car. You basically have to blow into a built-in breathalyzer that won’t allow you to start your car if it detects any alcohol. It will also require you to blow in it from time to time while you are driving too.
First Time Behind Bars? 7 Common Questions About Bail Bonds
If you’ve been arrested, getting out of jail is usually the first thing on your mind. But, before your release, there are some important things that you should know.
Read on to find out everything you need to know about how a bail bond works!
1. How Much Will it Cost to Bail Out of Jail With a Bondsman?
The amount that you will have to pay varies depending on the nature of your crime and the amount of bail that’s been assigned to you.
In some instances, a bail bondsman may ask that you pay a small service charge, plus any legally mandated charges that are required by law for your release. Other than these nominal charges, which usually amount to less than $100 dollars, you must pay a set percentage of the total amount of bail that’s been assigned to you.
Most bail bondsmen typically require that you pay 10-15% of your total bail amount. So, if your bail has been set at $10,000 dollars, you could potentially pay just $1,000 instead of the full $10K.
2. What Does It Mean to Enter Into a Bail Bond Agreement?
When you enter into a bail bond agreement, you are making a promise that you will adhere to any legal requirements asked of you which pertain to your case. This includes reporting to the appropriate officials, attending the required court dates, paying any fees assigned by the courts, and so on.
In most cases, you are also agreeing that you will follow the law while awaiting a decision in your case and that you will not incur any additional charges prior to the courts reaching a determination in your case.
If you do not follow the agreement completely, the bondsman has the right to collect the remaining bail money that you were not required to pay at the time of your release.
Furthermore, the bondsman may be held liable for the remaining bail amount if you do not do what is legally required of you by the courts.
3. What is Required at the Time of Signing a Bail Bond Agreement?
To bail out of jail with a bondsman, you only need to meet a few simple requirements.
These requirements typically include the following:
- A money order for the amount due by the holding facility (this is generally $50 or less)
- A state-issued or approved form of identification
- 10-15% of the total bail amount assigned to you or a form of collateral equal to the amount required
- Providing key information to the bail bondsman, such as your name, address, phone number and your employer, and possibly providing proof of your employment/income
- Your signature, the signature of any applicable guarantor of funds/terms of release, and possibly the signature of a third-party witness, agreeing to the terms defined in the bail bond agreement
- You might also be required to sign an agreement with the county or state issuing your arrest
Although these can vary somewhat, depending on your state and the bail bond company that you use, they are usually similar across the board.
4. What Are My Responsibilities Once I Am Released?
Once you have been released from jail, you must comply with your agreement or you risk the possibility of rearrest.
Usually, your responsibilities will include the following:
- Appearing, on time, to any court dates that are set in your case
- Reporting to any requested court officials or law enforcement departments as required in your case
- Reporting regularly to the bail bond company while waiting for the court to make a decision in your case (as required)
- Meeting any requirements that are set by the courts/law in your case
- Refraining from breaking the law or any subsequent behavior which results in further legal action against you during the period prior to the court’s decision
- Providing the bail bond company and the courts of any changes in your address, employment, phone number, or your general whereabouts.
- Maintaining the terms of your agreement with the bail bond company
There may be additional responsibilities, depending on your case, that are asked of you. For example, you may not be able to leave the state or contact the defendant in your case, or you may need to adhere to other conditions, such as mandatory drug tests.
5. What Happens if I Miss My Court Date?
If you miss your court date without obtaining permission, then you may be rearrested or have to pay the remaining balance of your bail to the bondsman.
It is essential that you show up to every court date that is assigned to you unless you make prior arrangements to reschedule your case with the courts.
6. How Quickly Can I Bond Out of Jail?
By law, some misdemeanor charges require a mandatory waiting period before the defendant is allowed to bail out of jail. These might include domestic violence charges as well as instances when you are detained under the influence of illegal drugs or alcohol.
In felony cases, and potentially other cases as determined by law, you will have to wait until there is an arraignment, or hearing, and a judge sets the amount of your bail. However, these will usually occur within days of your arrest.
Once bail has been determined and you have undergone any mandatory waiting period, you can usually contact a bail bond company, such as Alamo City Bail Bonds, who will assist you in bonding out of jail. Most of the time, when all other conditions have been met, you can bond out of jail on the day that you contact the bail bond company.
You may need to exercise patience, however. Many times, it can take several hours for the bondsman to arrive, and for them to call you for release. You may also need to take time signing documentation and making financial arrangements.
7. Will I Owe Additional Payments to the Bondsman After I am Released?
In most cases, the answer is no. However, if you do not comply with the terms of your release, you will potentially have to pay the remaining amount of your bail.
The remaining bail amount might be several thousand dollars. And, in some cases, it might even total several hundreds thousands of dollars. So, you want to be sure that you follow your agreement with both the courts and the bondsman in your case.
Get the Legal Help You Need
After you take care of your bail bond, you will be released, but it doesn’t end there.
If you are facing criminal charges, you will need an attorney to represent you in court. If you can prove indigence, the courts are required to provide you with an attorney. However, the court’s requirements to qualify as indigent usually only pertain to a small population of offenders.
A lawyer can help you navigate the court system and will try to make sure that you receive the best possible outcome in your case.
Do you need legal help?
Check out our site to find an experienced criminal defender who will fight for you!
