If you are accused of criminal charges or have been pulled over in your vehicle for some reason or another, the police may want to search your property. Understanding your rights is vital to ensuring that you do not allow police officers to overstep their legal boundaries.
The Protection of the Fourth Amendment
The Fourth Amendment of the U.S. Constitution ensures every individual the right to be protected from unwarranted search and seizures, allowing individuals to uphold their right to privacy. The Fourth Amendment also states that a warrant must be issued in order to allow law enforcement officials to search your home or property. For a warrant to be issued, probable cause must be presented and the warrant must contain the exact location to be searched, as well as the property that is approved to be seized.
Police Misconduct
While law enforcement officials are granted power to protect the rights of the people, they occasionally overstep the legal boundaries of their job. This often occurs during traffic stops and drug crime allegations. In some alarming recent reports, police officers have been seizing property and cash without appropriate warrants. If you are pulled over, know that it is your right to refuse to have your property searched. While the police may make you believe that they have the right to investigate your property whenever they please, they must prove probable cause to want to look through the vehicle. Police misconduct is much more common than you think. If you believe that your vehicle was illegally searched, contact an attorney immediately to discuss the details of your case.
Without a warrant, the owner of the home or property must consent to a search before the police officer can begin one. Although this seems fairly simple, law enforcement officials have many tactics they use to try to trick individuals into giving them consent to search the area or property. Don’t forget, it is your legal right to refuse an investigation of your home or property.
An Attorney Can Help
Speaking with a skilled criminal defense attorney is the best way to determine whether your rights were violated during the search and seizure of your home or property. Contact a criminal defense attorney to discuss the details of your case. A licensed lawyer will carefully investigate all of the facts surrounding your case and work to uncover any misconduct on the part of the police. Understanding your rights is vital in protecting them. Allow a knowledgeable criminal defense attorney to help you better understand your legal rights.
Police officers and prosecutors are trained to reveal information in a way that presents you as a criminal. An experienced criminal defense attorney knows how to organize an effective and aggressive defense on your behalf so that you receive the fair trial that you rightfully deserve.
Joseph Devine
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Posted by Gary P. Thompson on May 8th, 2008 with no comments.
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If you drive in Michigan, you may be aware of a few of the state’s penalties for driving violations. But, did you know that Michigan has some of the toughest drunk driving laws in the country? Would you know how to prevent a simple speeding ticket from turning into a serious blot on your driving record?
While your best defense is to carefully follow all driving regulations, sometimes accidents happen and even the most conscientious driver can run afoul of the law. Knowing the facts about driving violations can help you protect your rights and avoid further penalties. Some of the most common areas of concern for drivers are speeding, drunk driving and license suspension. Before you get behind the wheel, review the following information about these key driving laws - it may just save your right to drive.
Speeding / Minor traffic violations
Even small infractions of the law can result in points on your license:
- Careless driving has a penalty of 3 points
- Most speeding tickets incur 4 points.
- Reckless driving wreaks even more damage, with 6 points and possible jail time.
And if you think you’re safe as an out-of-state driver - think again! While many drivers think they can get away with speeding tickets when they are away from home, the Michigan Secretary of State shares any conviction records with the driver’s home state.
Driving with a suspended license is a misdemeanor offense, but it still carries with it a penalty of jail time. In fact, many Michigan courts require jail as part of a sentence for drivers with prior convictions. Add that to 6 points and an even longer suspension period for your license, and the penalties can be harsh.
What you may not know is that many of these offenses can be handled in court - without your presence. If you give an attorney permission to negotiate a plea bargain on your behalf, you may never have to appear in court. However, in order to have this option, you must respond IMMEDIATELY when you receive a traffic ticket. Typically the period of time in which you have to initially respond is 10 days - after which, you lose your right to fight the charges.
Drunk Driving
Alcohol offenses are known by several different terms in Michigan:
- OWI — Operating While Intoxicated (Blood Alcohol Content above .08)
- UBAL or UBAC — driving with an unlawful bodily alcohol level/content
- OWI — operating while impaired, which though it shares the acronym, carries lesser penalties than operating while intoxicated.
Penalties can vary - the court is allowed their own discretion in determining the price you will have to pay for your alcohol-related offense.
- First offense — the court can assign you up to 93 days of jail time, plus license suspension involving either a 30-day suspension with a 150-day restricted license for Operating While Intoxicated OR a 90-day restricted license for Operating While Impaired. Probation is usually included after you have served your jail time, along with any additional conditions the judge decides to incorporate.
- Second offense - if you are charged with Operating While Intoxicated within 7 years of your first violation, the court can sentence you up to one year in jail, plus probation and a mandatory one year suspension of your license. You can’t even apply for a restricted license during this period - and there’s no guarantee you will get it back after the one year period ends.
- Third offense - if you are charged with a third drunk driving offense, you will be charged with a felony, and the court can sentence you to prison for up to 5 years. The key difference with a third offense is that it doesn’t matter how long ago your prior offenses occurred. This is a relatively new law; previously the requirement was that you have three offenses in ten years, but as of 2007, the newer and harsher penalties apply.
Note that in addition to all of these more serious penalities, Operating While Intoxicated adds 6 points to your license and a driver’s responsibility fee of $1000 per year for two years. Operating While Impaired adds 4 points to your license and a driver’s responsibility fee of $500 per year for two years. These fees are in addition to the court costs and fees.
License Suspension
Losing your license can seriously compromise your mobility and personal freedoms. Yet many people who have had their license suspended simply assume there are no more options and don’t think to contest this penalty. But there are actually two different ways in which a person can try to recover their right to drive:
- You can file an action in the circuit court. The circuit court judge then has three options - he or she can deny your request, fully restore your license, or restore your license with restricted driving privileges.
- You can petition the Secretary of State drivers’ license appeal division (DLAD) and appear before an administrative law judge to present your case for why your license should be restored. The Secretary of State has strict guidelines for determining whether someone is eligible to appeal a license suspension - often in drunk driving cases, you cannot file an appeal for at least one to five years.
In either case, effective legal representation is vital - if your case isn’t adequately prepared, your hearing will not result in restored driving privileges. And, you must then wait an entire year before attempting to file another action or applying for another appeal. A successful legal strategy will often include witnesses to establish your credibility, as well as documentation of any substance abuse counseling (if your suspension was related to a drunk driving charge). Judges are busy people, and they do not look kindly on anyone wasting their time with a poorly prepared case. Don’t make the mistake that could cost you the right to drive; contact an experienced Michigan criminal defense attorney.
This article was submitted by Deirdre Reedy on behalf of Paul J. Trafelski, P.C.
Paul J. Trafelski, P.C.
Paul J. Trafelski has practiced law in Michigan since 1995, representing clients in all areas of criminal defense from traffic violations to serious felony offenses. For more information, visit the website at http://www.michigandefenselaw.com
Article Source: http://EzineArticles.com/?expert=Deirdre_Reedy http://EzineArticles.com/?Understanding-Michigan-Driving-Violations&id=1114953
Posted by Gary P. Thompson on May 7th, 2008 with no comments.
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The case Miranda v. Arizona established the doctrine of the “Miranda Rights.” In 1963, Ernesto Miranda, an Arizona man, was arrested on charges of kidnapping and raping an 18-year-old woman. While he was being questioned, Miranda confessed to the crime and this evidence was later used to convict him. After several appeals, the case was brought before the U.S. Supreme Court. The court ruled that the police failed to inform Miranda of his right to remain silent and the right to an attorney, so the confession that was obtained during questioning was inadmissible as evidence since it violated Miranda’s Constitutional rights.
The Miranda Rights are a reflection of two rights guaranteed to all citizens by the U.S. Constitution: the right to avoid self-incrimination and the right to legal representation. The right to self-incrimination, commonly known as the right to remain silent, is guaranteed by the Fifth Amendment of the Constitution. This right is also the origin of the phrase “plead the fifth.” The right to legal representation prevents people from being taken advantage of by police and prosecutors. If you are arrested, you have the right to have an attorney present before answering any questions. These two rights were established long before the Miranda case; however, the details of the case resulted in the ruling that defendants must be informed of their rights before being questioned. Police are required to “read someone their rights” before questioning them, otherwise the information gained from the interrogation is inadmissible in court.
The actual Miranda warning contains the following information: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”
This passage is heard on television, in movies, in books, and is often taken for granted, however, these Miranda Rights are vital to anyone who has ever been or ever will be accused of a crime. If you have been accused of a crime, understand that you have the right to remain silent. Although you may be tempted to defend yourself against police accusations, it is in your best interest to follow the officer’s orders and remain silent. Cooperating with police officers’ warnings and commands does not imply that you are guilty. There will be plenty of time to defend your case once you have spoken with an attorney. Allow a seasoned criminal defense attorney to fight your battles for you so that you do not make the mistake of incriminating yourself or providing authorities with verbal evidence to use against you.
Posted by Gary P. Thompson on May 3rd, 2008 with no comments.
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If you are charged under a DWI (i.e.-driving while intoxicated) case, then the first thing you should know is that you are in trouble. Such case may jeopardize your reputation, cancel your driving license or even land you in prison.
The only person who can stand by you, guide and ferret you out in this tough time is your DWI attorney. Since you have to undergo trial and may be even imprisoned (in case of accident) under a DWI case, it is an absolute must to hire a specialized lawyer. Don’t deliberate over this. Hire one immediately. However, most people are confused as to how to decide on a particular lawyer when you are short listing dozens and dozens of them.
What should be the basis of choosing the attorney?
The top 3 tips to bear in mind are as follows:
1) Go for DWI specialization: whenever you hire a lawyer, choose one who is specialized in these types of cases rather than in criminal law. Specialist’s fees may be slightly more than a generalist but he will have lot of experience on the subject. Also, he must have handled wide variety of complex and rough cases in this field. So, he will know how to go about your case with ease.
2) Check his track record: Needless to say, you should always go in for a lawyer who has many successful DWI cases on his record. This is because only lawyers with good reputation will take all efforts to satisfy their clients. To find about a lawyers track record, you can frankly question him about it. Or else, you can ask your friends around too. You can even contact the local Bar Association to guide you towards such a lawyer.
3) The ‘feel-good’ factor: see whether you ‘feel-good’ with the lawyer you have chosen. Can you relate with him and does he understand your problem dearly? Check whether your chosen lawyer has great work ethics and a high standard of discipline. If he is unruly in court, he will ruin your chance of winning the case
Therefore, to avoid all unnecessary penalties, choose a good lawyer who will stand by you and do his utmost for you. Don’t allow money to be the only factor for deciding a lawyer.
Posted by Gary P. Thompson on May 1st, 2008 with no comments.
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Difference Between DUI and DWI
DUI means Driving under Influence and DWI means Driving While Intoxicated. Though both appear to be the same, there are a few hairline differences between the same. Under the Texas law, DWI offence involves driving while intoxicated with alcohol or any other dangerous drug or a combination of both. But, the term DUI is used only when a minor is found driving a motor vehicle after consuming a detectable amount of alcohol.
The point to be noted in the Texas law is that DUI is meant
1. Only for minors and
2. Only in case of drunkenness with alcohol.
In all the other cases, only DWI applies. Though the explanation above is in case of Texas, different states handle these terms differently and what is stated is not a blanket definition.
The acronyms DUI and DWI have become very common place in today’s society. It is said that at least three out of every ten Americans has been directly or indirectly involved in some drunken driving accident. This is also the most leading cause of death among the youth in developed countries.
What is lacking is not just awareness and common sense but also calm and compassion. The ‘don’t-care’ attitude prevalent in today’s society makes people disregard the safety of the millions of people who travel along with them everyday on the roads.
If you are drunk, do not drive. Hire a cab, walk up the distance or ask for a lift. Remember, you are unfit to drive a vehicle for 12 hours after you consume your last drink.
Archana Sarat is a freelance writer, who breezed through her Chartered Accountancy sometime back in history. Visit http://www.aboutdui.org
Posted by Gary P. Thompson on April 29th, 2008 with no comments.
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Divorce is a difficult time for anyone to contend with, and it can be made more complicated by the involvement of lawyers and the ultimate squabbling over money. With the right divorce attorney in the ideal world, your separation should be a straightforward communicative exercise in which a fair and just conclusion is reached for both parties without the need for litigation or costly ongoing legal expenses. Unfortunately, it rarely works like that in practice, which can make that first decision to choose a divorce attorney all the more important. So what should you look for in a divorce attorney, and how can you make sure the attorney you’ve chosen is up to the job?
The first thing to look for when choosing an attorney for divorce is whether or not family law is his area of practice. Family law and divorce in particular is a specialized area of the law in which many practitioners solely operate, giving them an unrivaled in-depth knowledge when it comes to the ins and outs of dividing estates and divorce. However there are also countless local practices with one attorney or a couple of attorneys in partnership providing the full range of legal services which isn’t the best route to go down. Specialization will give an advantage in court so make sure your attorney is a dedicated family law and divorce professional, rather than a general attorney who takes whatever work he can find.
Characteristically, attorneys are shy when it comes to discussing their fees - until, that is, they’re looking to get paid! That’s why you want a divorce lawyer that is upfront and honest with you in terms of what you’re likely to have to pay, and what your current account balance stands at. Some attorneys offer a periodic invoice system or payment plan, which may also be helpful in allowing you to stagger payments if you have liquidity problems or can’t really afford to go through the process of divorce.
Next you want to make sure that the attorney you do select is very much ‘on your side’. Some attorneys, albeit towards the bottom of the scale, take minimal interest in what it is their clients are looking to achieve, but rather adopt the approach of opting for the path of least resistance in getting through the case and getting paid. Of course this isn’t an ideal situation if you end up as that unfortunate client, so make sure you get a recommendation from a friend or reputable source prior to committing yourself to his services.
Choosing a solicitor is not an easy process by any means, and it is one that requires a great deal of foresight and perceptiveness. Of course no one really knows what’s round the corner but it is important to try as hard as you can to predict where your lawyer may trip up prior to the complications that any divorce case can bring. Choosing carefully initially will help you avoid the potential disaster that is changing half way through the divorce proceedings.
Finding A Divorce Attorney
By Guna Seelan
Article Source: http://EzineArticles.com/?expert=Guna_Seelan http://EzineArticles.com/?Finding-A-Divorce-Attorney&id=1119160
For information on finding an attorney for divorce or on divorce law, or resources on serving divorce papers visit DivorceAdvisor.org.
Posted at http://www.findanyrecords.com
Posted by Gary P. Thompson on April 28th, 2008 with no comments.
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