Abraham Lincoln once said “The leading rule for the lawyer, as for the man of every calling, is diligence.” This is a fact that no one can deny or dispute because there is no substitute to a diligent lawyer and that is why it is so important to select a lawyer who has the ability … Continue reading Choosing the right attorney can change your fortune in the court room
You have the right to remain silent so you actually don’t have to say anything. However, the right to remain silent only applies to post-arrest situations. Once you are arrested if you are not advised of your rights any statement you make cannot be used in court. However before you are arrested and in the … Continue reading What Should I Say To The Police Officer When I Am Stopped For A DUI?
A reputable attorney representing clients charged with felony or misdemeanor offenses will have a contract. That contract spells out what efforts will be made to defend you against the pending charges. Because criminal charges go through the courts in stages and usually do not result in trial, the representation will probably be for all appearances … Continue reading What Is An Attorney Contract Of Engagement? What Terms Should Be Included?
On misdemeanor cases where county jail time is possible but a plea bargain will allow for a fine and some community service it may be best to take advantage of a plea bargain even though you believe that you might win the case in front of a jury. Most experienced criminal defense attorneys will tell … Continue reading Should I Plead Guilty When I Am Not Guilty
The advantage to requesting a hearing within 10 days of your arrest is that it immediately postpones the mandatory 30 day suspension of your drivers licnese until the hearing. If you win the hearing your privilege is re-instated. In most case the only way to win the hearing is if one of the tests that … Continue reading Should You Request A DMV Hearing After DUI Arrest
Many courts and counties have come to the realization that first time misdemeanor offenders without prior criminal contact of any sort should be treated differently from the traditional approach of seeking a criminal conviction. For example, if a person in a moment of weakness or bad judgement walks out of a store without paying for … Continue reading What Is A Deferred Entry Of Sentence Or Deferred Entry Of Judgement?
The Constitution of the United States protects us against self-incrimination. We cannot be required to testify in a court of law. Out of this concept case law has developed that expands this principle to police questioning. You are not required to answer questions and the fact that you choose not to answer cannot be used … Continue reading Do The Police Have To Advise Me Of My Rights?
The prosecution in a criminal case has the burden of going forward with evidence and must present facts that prove guilt BEYOND A REASONABLE DOUBT. The reason that the prosecution has the burden of presenting evidence first is that there is a presumption of innocence until actually proven guilty. These concepts are embodied in the … Continue reading What Is The Burdon Of Proof In A Criminal Case? “PROOF BEYOND A REASONABLE DOUBT”
Checkpoints are a necessary tool for police agencies to both enforce license and registration requirements but are also one of the best ways to detain and arrest impaired drivers. During selected holidays and at other times of the year many cities conduct these checkpoints. Cities get federal grants to run these programs. The courts have … Continue reading Are DUI Checkpoints Legal?
This morning I received a phone call from my daughter advising me that she had been stopped by a police officer for the offense of “Driving While Being Black”. The first time I had heard that expression was several years ago when I was at a dinner party hosted by a Superior Court Judge. He … Continue reading Driving While Being Black, The Racial, Ethnic And Social Profiling Dilemma