| Our criminal justice system can be overwhelming and frightening. Prison sentences are becoming longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal defense lawyer as early in the process as possible, preferably even before questioning or investigation by the police. A skilled attorney can fight for your legal and constitutional rights. |
|
|
 |
The United States Constitution and its subsequent amendments define the scope of governmental power and reserve certain individual rights to the people. The first 10 amendments, also called the Bill of Rights, contain basic, fundamental rights of individuals on which the government may not impinge. Many of these constitutional rights provide protection to criminal defendants in the criminal justice system. The Fourteenth Amendment extends substantive due process rights beyond just the federal system to criminal defendants in state courts where the vast majority of criminal trials occur.
|
| The basic constitutional rights of the criminal defendant permeate every aspect of the criminal justice process. If you have been accused of a crime, whether federal, state or local, a seasoned criminal defense attorney can explain these rights to you and help you to fight for them at every step of the way. |
|
|
Because the negative behavior regulated by the criminal laws varies from relatively minor to devastatingly violent, crimes are classified into levels or degrees. The classification of a crime reflects its seriousness. The actual classification of a particular offense varies depending on the jurisdiction. If you are questioned about a crime or are accused of or arrested for a crime, you should consult an experienced attorney as early in the process as possible. A criminal defense lawyer can explain the particular crime involved and its possible ramifications.
|
|
|
|
The Sixth Amendment of the US Constitution guarantees the right to an attorney to anyone facing federal criminal charges. The 14th Amendment and some state constitutions also afford this right to anyone facing state felony charges. Those who are indigent and cannot afford an attorney have the right to have one appointed to them for free. Most people, however, do not understand what the right to an attorney means, when this right attaches or who qualifies for a court-appointed lawyer.
If you are accused of a serious crime, it is essential that you retain the services of an experienced criminal defense lawyer to fight for your legal and constitutional rights throughout the criminal justice process.
|
|
|
|
 |
| · If someone is arrested for drunk driving, most states make the assumption that the person has a drinking problem and they mandate alcohol evaluation, education and treatment before restoring driving privileges. |
| · A comprehensive study on the minimum drinking age found that laws prohibiting the consumption of alcohol by people under the age of 21 have significantly reduced alcohol-related fatal vehicle crashes. |
| · How long can a person legally be held if pulled over on a Friday night, with Monday being a holiday? Normally they must call an attorney within forty-eight hours of arrest. On a situation like a holiday, they must call the attorney by Tuesday. It is legal to hold a person for seventy-two hours, if it is the weekend or a holiday. |
| · What is case of first impression? Criminally; no matter how bad the action was, if there is no law, the case is dismissed. Civilly; if there is no defined law, the courts can go back in history and research older cases to make up a new law and apply it to that case. A single even can be trialed civilly and criminally. Try defendant in a criminal court case first, then try in civil court, with a guilty verdict, use paperwork to prove, and then argue how much money you should get |
| · State drunk driving laws that allow the immediate suspension of a driver's license for failing a breath test save 800 lives a year and serves as a deterrent to driving while intoxicated, according to a comprehensive, 26-year study. |
| · If the police have been called to a specific residence numerous times over the years; and domestic violence was suspected yet there were never any arrests, can that be evidence in court? Yes, it would launch a DSS investigation. |
|
 |
|
|
