Driving under the influence is known as DUI. It is a law that forbids driving motor vehicles while drunk. Any person who drives a vehicle with .8%-.10% alcohol concentration in his blood level is likely to be charged with DUI. Driving while intoxicated (DWI) and operating while intoxicated (OWI) are the other terms used to describe driving under the influence. DUI includes drugs as well as alcohol. The suspicion of driving while under the influence of drugs may be proper grounds for a charge of DUI. If the law enforcement officer suspects a person driving under the influence after the person stops (based on smell of alcohol or drugs etc.) the person can be arrested for DUI.
When a police officer pulls a car over on suspicion of DUI, he may ask for ordinary credentials, including license and registration. The officer may ask the person to step out of the car and perform one of several field sobriety tests (FSTs). These are quick exercises for the driver, intended to indicate whether or not he/she is intoxicated. Even if an FST is not performed, the officer is likely to perform a chemical test, which more accurately indicates sobriety or insobriety. A breathalyzer may be used at the initial traffic stop, or the suspect may be taken back to the station for a blood or urine test.
A DUI suspect is usually given the choice of which chemical test he wants to take among the various options. Many people think that it might baffle the judicial system if the person refuses to take the chemical test. Most states have established provisions with penalties for DUI suspects that fail to take a chemical test--penalties that can be much stricter than those for the ordinary offenders.
If the person is convicted for DUI then the penalties vary from state to state, and largely depend on the circumstances of the offense. Suspension/revocation of license, fine, and imprisonment, and minimum sentences for a first, second or third convictions are some of the means of penalizing DUI offenders.
Source: Ezine Articles
Florida Criminal Attorney
Everyone inside the house is sleeping soundly and is looking forward to a new day at work and at school when suddenly somebody sneaks into the house with bad intentions and the things that you don’t expect to happen can happen and there are more things worse that they wanted to do. Every year, millions of people are victims of crime that range from house break-ins, robbery, armed robbery, snatching, killings, murder, and homicide to drug abuse and even human trafficking and even extortion and abduction. You can’t avoid things like these to happen and it can happen to anyone, from your family to your friends, neighbors, the local priest, the cops and even the president of the United States of America. That’s why, a person, if he has the opportunity and some enough financial resources and other resources, it’s best that one should need and should have a criminal attorney right by his side 24 hours a day, 7 days a week, figuratively and literally. This guy can help somebody with all the problems regarding crime and punishment. For some, availing the services of criminal lawyers is expensive but if you care for yourself and the people you love, you won’t have any second or double thoughts in hiring one.
Now, the thing is, you have to find somebody who is really quite well-versed or an expert in this type of field. It’s not enough to find a lawyer as there are many types of lawyers from criminal attorney to bankruptcy lawyer to personal injury lawyer to divorce lawyer. You don’t want to embarrass going to a lawyer’s office only to find out that he’s specialty is about land disputes or labor cases now, wouldn’t you? It is the reason why you should do some homework yourself. You have to determine if he truly is the type you’re looking for and if you have already seen one, try to be a little more on the investigative side. You might find a criminal lawyer but not THE criminal lawyer. The whole point is, there are some who say they are but instead they’re not. Some are just there to make money, that’s it, period. They don’t care if you win or not.
But then, again, there are lawyers that offer a “no win, no pay” policy. If you don’t win a case, you don’t pay. This is especially for those who were accused of such crimes.
The other tip that you might want to learn is how to determine if he can really accommodate you and it’s a case-to-case basis. You can say he’s a good criminal attorney if he has lots of cases handled but keep track of the track record. He may have handled more than a hundred but the percentage is low against the number of cases won. If he had won 15 out of 100, you better try to look for someone else. On the other hand, there are legal guys who have handled on 50 but have won around 90% of the number of those criminal cases.
One last tip that will coincide with what you have read above: you can find some directory or listings of attorneys and lawyers online and through that listing; you can find the most competent and most able and reliable. Maybe, the criminal attorney you are looking for is listed on that directory.
With more than eighty-six thousand attorneys licensed to practice law in Florida, finding the right criminal defense attorney in the Sunshine State can be daunting. If you've been accused of a crime and need a highly skilled attorney to come to your defense, here are two simple guidelines for finding the best Florida criminal defense attorney for your case.
Get a Referral
Begin your search for a criminal defense attorney licensed to practice law in Florida by doing one of two things: ask business colleagues or friends for referrals, or make use of lawyer referral services.
If the crime of which you are accused involves professional behavior (white collar crime) request a referral for legal counsel from a trusted business colleague. Representing a defendant against this type of charge takes special skills; the business community is often the best place to learn which attorneys are respected in this milieu.
In most criminal cases, an arrest has already taken place. If that's the case and you called upon your corporate attorney or a lawyer not skilled in criminal defense to arrange your release, ask them to suggest a firm specializing in criminal law.
For cases involving a specific industry, you could also ask the head of an industry organization what attorney provides their legal services. Whether you're in need of a Miami lawyer to defend you against embezzlement charges or a Fort Lauderdale attorney for your professional liability case, there are others in your industry who have faced the same situation. Take advantage of their experience to find the most qualified criminal defense attorney.
When unable to secure a referral from a colleague or friend, turn to organizations that make information about Florida attorneys available to the public. Examples of these are: the Florida Bar Association's Lawyer Referral Service, the lawyer search feature at Lawyers.com, and other Florida lawyer referral sites that verify the qualifications of attorneys they list.
Look for Experience
Speaking of qualifications, never assume that someone giving a referral has thoroughly vetted the recommended attorney. Do your own research. It's essential to have experienced representation when facing a criminal charge.
Call the attorney's office and ask them to describe their previous experience with similar cases. Has the lawyer been successful in criminal defense cases in Florida? Does he or she have experience with your industry and type of alleged crime?
Once you've narrowed down your search to a potential attorney, make an appointment to review your criminal case. Pay attention to how well the two of you communicate and ask exactly how he'll proceed in representing you. You should leave that meeting comfortable that you'll receive the best defense possible. If red flags appear during this initial meeting, for example, an overly busy schedule that promises you'll be pushed to the back burner, pay them for their time and keep looking.
Just as you would never allow an unskilled or disinterested doctor to treat your illness, avoid allowing panic over a criminal charge to shortcut your research when selecting a criminal defense attorney in Florida. The potential impact on your personal and professional life of a criminal conviction should motivate you to find the best legal defense possible. Choose an attorney with proven experience, a communication style compatible with your own and a clear plan for your representation.
Source: Ezine Articles
Florida Criminal Attorney
You have a right to expect several things from any lawyer you hire with the understanding that, like many things in life, you often get what you pay for. To further complicate the matter, however, we are familiar with lawyers who charge absurdly large fees and provide no better representation than a lawyer you might hire out of a phone book.
At minimum you have a right to expect the following from the lawyer you hire:
1. Your lawyer should thoroughly familiarize himself with your case before offering you advice on whether to accept a plea bargain or fight the case at a trial. This process should include both a legal and factual review of your case. The legal review should include, among other things, a review of the charges against you to determine if there are legal challenges that can be brought against the statute you are charged with violating, a review of the indictment against you to determine if there are deficiencies in how you were charged, and a determination of how the prosecution obtained its evidence to determine if it is subject to a motion to suppress. The factual review should include, among other things, a review of all the discovery in your case provided by the prosecution, a review of all documents that you provide and the lawyer having his investigator interview both favorable and unfavorable witnesses. BEWARE OF ANY LAWYER WHO PUSHES YOU TO ENTER A PLEA BEFORE THIS REVIEW IS COMPLETE.
2. Once the review is complete, you should expect OBJECTIVE advice from your lawyer as to the strengths and weaknesses of your case as well as possible plea options. Clients sometimes get discouraged at this stage and do not believe that their lawyer is “fighting for them.” As we tell clients, you are paying a lawyer to be your advocate in front of a judge, jury or prosecutor, but, when it is the two of you talking, you are paying the lawyer to give you objective advice to help you make a decision as to how to handle your case. It would be very damaging to your case for a lawyer to sugar coat things at this stage and not tell you the weaknesses in your case. Clients are often too close to their case to evaluate it objectively. As we explained in an earlier post, we normally advise against fee agreements that pay a lawyer extra if you elect to have a trial because this creates an incentive for a lawyer not to be objective about the risks of going to trial.
3. If you elect to plead guilty, you should expect your lawyer to try to negotiate the most favorable plea possible with the prosecutor while keeping in mind that a defense lawyer cannot force a prosecutor to offer a particular plea bargain. Similar to any negotiation, this sometimes means the lawyer might pretend that the case will proceed to trial in order to get the prosecutor to “blink first.” If a plea agreement is reached, you should expect a lawyer to thoroughly explain the plea bargain to you so that you understand it COMPLETELY as well as the various consequences of pleading guilty.
4. If you elect to go to trial, you have a right to expect your lawyer to strongly advocate your case to a jury. Before the lawyer can do this, however, they must understand all the evidence that the prosecution will use and have all of your evidence and witnesses prepared. Many times we see defense lawyers waive making an opening statement in a trial because they don’t fully understand the prosecution’s evidence and they hope to learn about the evidence for the first time when the prosecution puts the evidence on at trial. As you can imagine, this often proves disastrous. You should expect your lawyer to spend time preparing your witnesses to testify and, if you are going to testify, you have a right to expect the lawyer to spend significant time practicing your testimony and explaining how the prosecutor will likely cross examine you.
5. At any sentencing hearing, if there is no agreement as to what sentence will be imposed, you should expect your lawyer to advocate for the lowest possible sentences. Like at trial, this will require the lawyer to understand the evidence and witnesses the prosecution might use to increase your sentence and will also require the lawyer to be prepared to present evidence and witnesses on your behalf to help lower your potential sentence. After sentencing, you should expect that lawyer will explain to you any options you have regarding an appeal.
6. Above all else, you have a right to expect your lawyer to be available to answer questions. One lawyer writes on his website “don't expect him to be able to return all of your phone calls within half a day. A good lawyer will always be very busy and you should allow him 48 hours to return your calls.” We strongly disagree. Except in rare circumstances, you should expect your lawyer to call you back the same day even if this means calling you at night after he finishes in court for the day. This is the reason that we post the mobile phone numbers of all our attorneys on our website so that you can easily reach us and, if we are unavailable, leave a message that can be returned promptly and not two days later.
Always remember, your lawyer works for you and, more than likely, you are paying the lawyer a significant amount of money. No question is too foolish when your liberty is at stake. The time to ask the questions is before entering a plea because, once you have done so, it is very difficult, if not impossible, to go back. Conversely, you should make sure that, if you elect to go to trial, you understand any plea options you are giving up, because, if you are convicted at trial, it will be too late to go back and accept the plea agreement. The key is to ask questions because you have a right to expect honest and objective answers from any lawyer you hire.
Getting arrested for violating Florida driving under the influence (DUI) Law could be a cause for anxiety. Penalties and consequences for conviction could include fines, suspension or confiscation of license, vehicle immobilization, community service, increase of your insurance fees, and even imprisonment. Your penalty will depend on the severity of your case - the penalties are generally lighter for first offender and much heavier for repeat offenders. Florida DUI Law is rather complex and has a unique nature. Thus, self-representation could be difficult and could cause you even more serious consequences. It is therefore advisable to seek legal help upon arrest.
Costs of hiring a DUI lawyer
Seeking the legal advice of a Florida DUI Attorney who has experience and specializes in drunk driving defense cases can get very costly. Expect to pay exorbitant fees during and by the end of the trial. In some cases, lawyers' fees can be as much as triple the amount of your fine.
Looking for cheap lawyers
To make sure you get the best deal, you need to scout fir the lawyers who charge low litigation rates. Take your time canvassing from pool of possible candidates.
Create a list of possible Florida DUI lawyers that you want to consider and compare rates. Different lawyers charge differently. Some charge by the hour and others will ask for an initial fee for services and additional fees for preceding trials.
If you are facing a minor offense as a first offender, it is a good idea to hire a lawyer who will charge an initial fee to look into your case, study the file from the District Attorney's Office, and appear for your first hearing without charging you anything at that point. These lawyers will negotiate in this initial trial or pretrial and close the case so you will not have to go to actual trial. Once this is done, there will be no more fees incurred, just the one time initial deal.
Remember to always sign an agreement with your lawyer regarding fees. Lawyers' fees start from $500 up to a couple of thousands so you might want to short list DUI lawyers within the range of $500 to $800. Websites with a database of lawyers categorized by location and specialty are available on the Internet. Compare and contrast their rates before you sign up with anybody.
Source: Ezine Articles
Criminal Defense Lawyers
If you are being charged with a serious crime, getting the services of the right Las Vegas criminal defense lawyer should be the first thing that should be attended to. Serious criminal charges may involve fraud, assault, or any other serious charges. A skilled professional will be able to give you a fair shot at these charges while ensuring that your basic legal rights are not subordinated or compromised. With all the emotions and stress of facing a serious charge, seeking representation should be the first order of the day. You have to make sure that you hire a lawyer with the right attitude and proper frame of mind.
Attorneys have a variety of expertise and specializations and you should be able to hire one who is an expert in the specific criminal charge you are concerned with. There are defense counselors who handle all criminal defense cases with no exception while some focus their attention of specific types of types of crimes. There are some who are comfortable handling violent and sensational cases while some focus on cases involving rape and other violent crimes.
Notwithstanding the fact that there is no prohibition on the area where criminal defense lawyers can practice their profession, it would be a practical and sound option to consider a one who has extensive experience on cases that are similar to the one you are facing. On the other hand, you may also consider a criminal defense lawyer who is willing to put more time and effort in your case while showing special interest and concern to your case. In which case you are assured of an unqualified support and assistance from your lawyer.
Without the proper understanding and frame of mind in selecting your criminal defense lawyer, you may encounter difficulty and uncertainties while contemplating your possible choices. You may be caught in a dilemma of whether to go for an established and highly regarded criminal defense lawyer or a relatively young practitioner who has argued just a few of cases so his credentials and performance record is limited. How will you decide if the former has demonstrated a high degree of dedication and commitment to your case?
Whoever you choose, always remember that you will be better off with a court representative who can make you comfortable while totally entrusting your case defense to him or her. Of course, there are certain requisites that you have to consider while looking for the right couselor. Checking the professional's affiliation to legal and similar professional associations is important. You should also consider the credentials and background of your attorney as far as performance is concerned. After all is been said and done, getting the best defense for your criminal case will start with a good performance by good counsel. However, his ability to defend your legal rights will just be as good as your willingness to cooperate and share the responsibility in resolving your case.
Source: Ezine Articles
Florida Criminal Attorneys
