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Drunk and Disorderly Behavior

Drunk and Disorderly Behavior

Sometimes a criminal lawyer is needed when situations arise. No parent likes to deal with their children getting into situations where things are out of their parental control, and a criminal defense lawyer is needed. The considerable fortune and comfort, for many parents, who have children that are in their teens is that there are many excellent criminal lawyers, who can handle and defend their juvenile clients in the best manner possible.

Criminal attorneys are versed at what they do and can help out their clients and families of the client, because criminal lawyers are so versed in the law. There are some occasions when juveniles get out of hand and express drunk and disorderly behavior. Criminal attorneys are also experienced in handling disorderly conduct cases that sometimes can truly get under the skin of a particular judge. When those things happen to occur where juveniles get into trouble for their actions a criminal defense attorney is needed.

A criminal attorney can prevent a juvenile in some cases from having their driving privileges revoked. An attorney can deal with certain situations, for example, a minor under the possession of alcohol sanction or sentences issued out in the courtroom, by the judge, in a more fair manner, because of the representation a juvenile client might have by using criminal defense lawyers for their defense. Criminal defense attorneys give everyone the best chance for their side to be heard and to be treated fairly in the courtroom, because of their knowledge of the proceedings and rules that all individuals are entitled to have inside the court.

Criminal defense attorneys are vital for a defendant inside the courtroom, because criminal defense lawyers can keep a juvenile who might have gotten into a situation, from having to experience the maximum penalty that could be issued out by the judge. A person or juvenile who has a criminal defense attorney can have some difficult moments alleviated because their criminal lawyer is familiar with the law, which is key when dealing with judges or even attempting to appeal for a fair but lenient sentence when it comes to handling the ruling in certain court cases.

It is never wise for a person and especially a juvenile to appear before a judge without the proper criminal defense lawyer inside the courtroom. The law is extremely complicated, and it is extraordinarily difficult and challenging for most adults, so it is acutely necessary that juveniles who happen to get into situations have themselves a criminal lawyer.…

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The DUI Attorney As the Eternal Underdog

The DUI Attorney As the Eternal Underdog

Think about what it’s like to be charged with a crime. The state assumes it has enough evidence to convict you beyond a reasonable doubt. You are forced to participate in a process that, although not explicitly making you prove your innocence, in many ways does exactly that. And the DUI arena is even more heavy handed.

To begin with, you are charged with a crime that carries a particularly high social stigma. Ever day in cities across the country advertisements, in print, in radio, in television, are expounding about the dangers of driving under the influence, about the high penalties associated with DUI, and characterizing DUI offenders as animals. When you walk into court charged with DUI, you are fighting this stigma from day one.

Second, most people, though they hate to admit it, often assume that the prosecutor wouldn’t have charged you with a crime unless they believed that you’d committed it. While at trial they must still prove their case, with a jury that is predisposed to convict, it is much easier to do.

Additionally, there is the breath test that you must fight. In many jurisdictions, you aren’t even presumed innocent if charged with DUI. The jury will be instructed that if they find that you took a breath test and blew over.08 that you are per se DUI, that the prosecution has met it’s burden of proving DUI, and that they should find you guilty of DUI.

It’s not the best circumstance for the DUI attorney to enter into. But that’s exactly why we do it. We are the only line of defense between overzealous prosecutors charging everyone who even has one drink and drives with DUI. We know we are always fighting an uphill battle, but we also know it is a battle that must be fought. If you are charged with DUI, you will soon learn of the difficult battle you will be facing. But you should take solace in knowing that you will have someone in your corner fighting for you.…

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NC Structured Sentencing Laws Explained

NC Structured Sentencing Laws Explained

In the mid-1990s North Carolina created a structured sentencing system for misdemeanors and felonies committed after December 1, 1995.

As a Raleigh criminal lawyer, I recently observed a case where the alleged crime had been committed in 1992, and in that case the defendant was sentenced under the old North Carolina sentencing system.

If you have questions about how structured sentencing applies in your case, consult with a criminal lawyer.

But for all felonies or misdemeanors alleged to have been committed after December 1, 1995, North Carolina’s Structured Sentencing system applies. Structured sentencing applies state wide, whether you’re in Cary, Apex, Raleigh, Fuquay Varina, or Asheville: the same rules apply. Federal crimes are handled by the federal courts under a different (and much more complicated) structured sentencing system.

But most criminal cases are state cases, so let’s talk a little about how North Carolina’s Structured Sentencing system works.

First, crimes are divided into “classes.” Felonies start at Class A (First Degree Murder) which is punishable by life or death and go all the way down to Class I (the least serious, including many minor drug or theft offenses.) There are two Class B offenses – B1 and B2 that each are treated differently. Misdemeanors are handled separately, from Class A1 (the most serious, including Assault on a Female) to Class 3 (the least serious, including simple marijuana possession).

Second, individual defendants are assigned to levels. A Level 1 is someone who has no Class A1 or higher convictions. A Level 2 is someone who has at least 1 conviction point. And a Level 6 is someone who has 19 or more prior sentencing points. Level 6 is the highest, or worst.

Third, each class/level box has three ranges: mitigated, presumptive, or aggravated. Presumptive is where everyone starts. If there are mitigating factors – either statutory or common law – the judge may sentence in the mitigated range, which is better. If there are aggravating factors, the judge may sentence in the aggravated range, which is worse. If the judge doesn’t find aggravating or mitigating factors to sentence in either of those two ranges, then the presumptive range is used. Most defendants are sentenced within the presumptive range. Note that there is also a way for the judge to deviate from the structured sentencing scheme if he finds “extraordinary mitigation”. This rarely occurs, and usually it is done because the prosecutor agrees that there should be deviation.

Third, this is a truth-in-sentencing system. If convicted – either by plea or after a trial – the defendant will serve at least the bottom of the sentencing range, and as much as the top of the range. What happens is that the defendant goes into the DOC and can work off the good time, by cooperating, not getting into fights in prison, being a model prisoner, so that the DOC will grant good time. Over time the good time adds up so that the defendant moves down to the lowest end of the range.

North Carolina has done away with parole. Life means life. And and active sentence of 12 to 18 months mean the defendant will serve at least 12 months.

Even if the state’s case is strong, there’s a lot a Apex, Cary, or Raleigh criminal lawyer can do within the structured sentencing scheme to get a lesser sentence. The criminal lawyer can put together strong evidence that, in spite of the crime, the defendant has been otherwise a good citizen, with a family to support, good contributions to the community, perhaps church involvement, and other kinds of factors relating to the crime that mean the defendant should be given “the bottom end of the mitigated.”

Or, in exceptional circumstances, the Apex, Raleigh or Cary criminal lawyer may be able to argue “extraordinary mitigation.” This is rare, but possible and depends on putting on strong evidence at a sentencing hearing.…

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The Federal Sentencing Guidelines

The Federal Sentencing Guidelines

The federal sentencing guidelines determine the punishment for crimes committed under U.S. federal law. The guidelines are used in all United States federal courts throughout the country. State laws do not apply. If convicted of the offense you will be sentenced under the guidelines. For help with your case and its potential punishment, contact a federal criminal lawyer in your area immediately, because you could go to prison if convicted.

In determining a defendant’s sentencing range (the punishment), the guidelines look at two primary factors: the offense and the defendant’s criminal history. There are 43 offense levels, with lower-numbered offenses being the least serious and high-numbered offenses being the most serious. Federal laws state the offense level for each particular crime. Federal drug crimes and federal weapons possession crimes can put even a first-offender into a high offense level.

The criminal history category is simply the defendant’s prior criminal convictions, if any. There are six categories, each one with a number of points assigned to it. A defendant with a lower number of points would be assigned to category 1, which carries the minimum sentences in the guidelines. The more points you have, the higher your criminal history category and the greater your possible sentence. Essentially, points are added based on prior convictions, with 1-3 points being added based on the length of the sentence of the prior conviction, whether the defendant was on probation at the time or had been released less than two years previously, whether any convictions were violent crimes, and other factors.

A table, similar to a grid, will determine the sentencing range for a defendant under the guidelines. The sentencing range is found by matching the appropriate offense level with the appropriate criminal history category. All federal sentences are in months.

Adjustments can be made to an individual’s sentencing range, both up and down. A reduction, known as a 5K1 (named for the rule that allows it), can be granted when a defendant provides substantial assistance to the government in its prosecution. The government must file a motion requesting the reduction, and it will be at the court’s discretion whether to grant it.

Downward departures allow a defendant to be sentenced below his or her statutory minimum. As with 5K1 reductions, it is at the court’s discretion whether to grant the departure. Reasons for allowing a downward departure may include the defendant’s age or health, diminished mental capacity, a finding by the court that the defendant’s criminal action was a marked deviation from an otherwise law-abiding life, or that the defendant acted under duress or coercion in committing the crime.…

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Criminal Lawyer Files: The Truth About Fraudulent Online Auctions

Criminal Lawyer Files: The Truth About Fraudulent Online Auctions

Online auctions may be fun, hassle-free and rewarding. But, it is not easy to always avoid being the victim connected with an devious buyer or vendor at an online market because online auction fraud is currently usual. Fraud is any motive to hide or cover the authentic way to obtain a proposal making it look almost like it came from a legitimate origin. There are methods you’ll be able to lower your likelihood of being a unwilling recipient. Realize just as much as you can about how exactly the online auction method works before bidding or placing a service available for purchase. Pay attention to fraud alerts posted at online auction marketplace websites.

Auction scams consists of fraud attributable to the misrepresentation of any product marketed on sale via an Internet auction site or even the non-delivery of merchandise acquired via an Internet auction site.

People are highly wary against getting into World wide web purchases with topics displaying the following behaviour: The owner posts the public sale as though he is located in the States, then replies to victims having a congratulatory email proclaiming he’s outside of the United States for company reasons, family crisis, etc. In the same way, beware of suppliers who post the auction under one identity, and request the funds to be transferred to a different person. Be wary of any bank card purchases where the address on the card holder does not match the shipping address. Always have the card holder’s certification before shipping any goods.

Virtually all net auction fraudulent conditions entail simple scams where people purportedly win goods by being the best bidder. Almost all sounds good till they give the check and do not get the product or service. In other instances, con artists set up bogus escrow companies and sites. By doing this, the scammers usually can accumulate products as well as collect funds. The affected individuals never suspect anything until they have already sent their check to the fake escrow service or routed their merchandise away and off to the customer considering the money is securely sitting in escrow.

The money is frequently transmitted by means of wire transfer. In an effort to get funds via wire transfer, the recipient must provide you with the full information from the sender as well as the receiver’s full name and address. The money might be obtained anywhere in the nation applying this info. You do not have to give the money transfer control number (MTCN) or even the reply to any secret issue, numerous topics have proposed to the victims. Money sent by using wire transfer results in little option to the victim.

Consumer supporters attribute the rise in web auction fraud to the surging public attention towards online auctions and the ease with which scams often may be perpetrated. It usually merely needs placing nonexistent things for sale within a false identity after which waiting for unsuspecting customers. Some scammers usually are usually more advanced, having numerous reliable auctions to develop self-assurance among customers, who are encouraged to post responses at auction sites, before initiating a deceitful sale. Others will endeavour to take identities and build falsified sites under real names or hijack genuine present auction accounts by getting security passwords through bogus solicitations to enlisted retailers.…

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DUI Charges and Auto Accidents

DUI Charges and Auto Accidents

Auto accidents that are associated with DUI charges as well can have a serious impact on a person’s life and financial security. An auto accident that involves property damage or personal injury can be handled as a civil case. This is true of most accidents. But if a drunk driving charge is also involved in the accident, then a person could be facing both a civil suit and a criminal charge for the same incident.

This type of situation can leave a person with a grim outlook on the future if they really are at fault for the entire incident. But it is wrong to assume that a person who is facing DUI charges for an incident was the cause of the accident as well. It is crucial that every person involved in this type of accident is given an equal chance at justice and that they are not falsely accused or held responsible.

Car accidents can easily occur whether or not a person is intoxicated. In fact, alcohol-related accidents did not make up the majority of fatal car accidents in 2008. Nearly 2 of every 3 fatal accidents did not involve alcohol at all. It is important that every traffic accident is assessed fairly and based on details and not assumptions. Reckless and distracted drivers are frequently the causes of severe and even fatal accidents, and as such, it is wrong to make assumptions regarding alcohol consumption and car accident liability. It is important that every party in any auto accident is treated fairly under the law.…

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Criminal Lawyer – Protecting Your Rights and Helping You Receive the Help You Need

Criminal Lawyer – Protecting Your Rights and Helping You Receive the Help You Need

If you or a family member has been accused of a crime, a criminal lawyer can be a huge benefit to your case. Unlike what you have witnessed on television in the area of criminal law, the real thing is much more complex, frightening, and frustrating because it involves the lives of real people, namely you or your loved one. When a professional and experienced law firm handles your case, the legal team will approach your case focused, dedicated, and with a commitment on working towards a positive outcome for you. They will also be available to answer any questions you may have either by phone, email, or online.

Some benefits you can receive as a result of hiring a professional and competent criminal lawyer is you could receive a “Not Guilty” verdict at your trial and the case may be dismissed before it even reaches court. Additional benefits of hiring your criminal attorney may include getting the rehabilitation you need to help you deal with some problems you face, being enrolled in a First offenders program, having your arrest records sealed, and receiving community service instead of jail time.

It may also be beneficial to your criminal case to use the services of a law firm that practices a team approach on handling their cases. With this type of legal strategy, you benefit from a team of experts working on your case. Each expert will influence your case through different perspectives, experiences, knowledge of prosecutor and judges, and the knowledge of the different courts in your area. You also want your law firm to provide you with excellent customer service. Great customer service should be high on their list of priorities because it will allow you to communicate with your criminal attorney effectively and will allow you to feel confident with their ability to defend you.

If you need a criminal lawyer because you or a family member has been accused of a crime, choose your lawyer from an experienced and professional law firm. With a firm that uses a team approach, attorneys that keep the lines of communication open, and a knowledgeable legal team that has expertise handling criminal defense cases, you will have the best legal representation possible. You never have to feel that you have to face your situation alone when you hire lawyers who show you they are dedicated to helping you receive the best outcome possible for your case.…