Showing posts with label Summer. Show all posts
Showing posts with label Summer. Show all posts

Wednesday, March 24, 2010

One Of The Most Commonly Committed Crimes In Los Angeles


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Every day there are drivers that are pulled over by the police and arrested for driving under the influence and this is one of the most commonly committed crimes in Los Angeles. It is also a crime that is committed by non-criminals. It is one that is a crime that is often committed by some of the most respectable members of the community and drivers who have never been in any type of trouble with the law in Santa Rosa.

It is also a crime that affects the drivers' ability to drive in some cases and considering this it may seem only fair that this person be arrested. Then there is the other side of this story, the person who dines at a restaurant with their family and has a mixed drink while waiting for the table, a couple glasses of wine with dinner and an after dinner cognac. Will put this person who is out with his family over the legal limit to drive and this is not termed as drinking by most people but rather social drinking. For many people drinking wine with their evening meal is done every day and is not out of the ordinary at all in Santa Rosa or any other place.

The facts still remain one of the most commonly committed crimes is driving under the influence and this does not make it any difference that the person is normally a law abiding citizen.

The wisest thing that this driver can now do since they have been arrested for driving under the influence is to retain an experienced DUI/DWI attorney, one who has a proven record and that understands all the laws pertaining to a DUI charge and is aggressive enough to know the procedures when it comes to DMV and the hearing that will take place their for this person's driving privileges.

Without retaining an attorney who understands these laws and can walk into the court hearing confident this driver who has never been in trouble with the law before may find that their life will change dramatically. In court they could be fined, they could be put on probation and ordered to attend classes for drinking and driving. Then there could be the loss of a driver's license when there is the hearing at the DMV, this alone will mean depending on someone else for transportation. Don't get caught unrepresented in one of the most commonly committed crimes in Los Angeles.

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Wednesday, March 10, 2010

Know About Attorney in DUI Cases


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DUI prosecutions are motivated by issues that are not based upon constitutional fairness or equity. Like all attorneys, they are bound by ethical duties and a high standard of "fair dealing" with all litigants in our adversarial legal process. Often, the heat of battle causes these officials to become both political and competitive. When this occurs, justice does routinely suffer at the hands of a prosecutor's vanity or ego, or outright criminal misconduct.

Lawyers must periodically stand for election. Many are first appointed to their posts by the governor of their respective state to act as the county or state attorney given the responsibility for accusing and prosecuting crimes within their jurisdiction. When it is time for re-election rolls around, an opponent seeking to replace the prosecutor may investigate the actions of the incumbent in dismissing cases, reducing cases or noteworthy cases at trial. A high profile trial can end the tenure of a successful and diligent state or county attorney. Los Angeles County, California is probably the best known place for this to occur in the United States. Hence, the pressure to "win" will always loom over the lawyer's office. Case dispositions are public records, for mostly all criminal cases. Combing the prior files for unusual or inexplicable outcomes favoring persons charged with DWI can be a large part of an opponent's political attack on the current office-holder. This political tension, coupled with attorneys' inbred desire to "win", creates a rocky slope for defense attorneys to negotiate as the case goes to trial. In the late 20th century and in the current century, numerous states have passed legislation that intends to create a crime for prosecutors within the state to reduce or dismiss a DUI-DWI charge. Kentucky and Oregon have such statutes, and many cases are needlessly tried due to the legislative edict that threatens any prosecutor who negotiates a marginal case with becoming a criminal defendant from doing so. Such legislative overreaching is an improper misuse of the legislative process, and a constitutionally a questionable practice. To say that every DUI-DWI case made by the officers of these states is a good, solid case is ludicrous and yet such laws are politically expedient.

Like other jobs, relationships are built and experienced DUI lawyers can approach an ethical and principled district attorney or state's attorney with a proposal for a reduced charges or dismissal of charges in a pending DUI case. Knowledgeable attorneys in the drunken driving defense field will know which prosecutors to trust and which ones not to trust. Being able to find a "winning" defense or a flaw in the prosecution's case, and then to be able to use that as a negotiating tool to avoid the risk of trial is generally limited to DWI lawyers who work in this field on a daily basis. Some prosecutors would listen to the presentation once and immediately "fix" the problem by amending the accusation or information or possibly by locating an essential witness whose name was not known prior to the conversation with defense counsel. They know no loyalty and will not have moral compass. They want to win more than they care about fairness, much less their tarnished reputations in the future. Criminal defense lawyers who handle criminal law matters every day quickly learn who these people are, and never trust them with any pre-trial "disclosures". Other prosecutors are highly honorable people who will "do the right thing" when confronted with a loser of a case, based on some latent flaw or defect in the case.

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