If You Are Charged With Drunk Driving, You Need a Lawyer

Simply stated, if you are stopped and charged with drunk driving, you need to hire a lawyer. This is true whether it is your first offense or your second, third, or later offense.

Most states have ways of reducing the legal penalties for first time offenders.

Most states have some type of pre-trial intervention program for drivers charged for the first time with drunk driving. In these cases, the driver does not go to court, but admits driving when drunk. In exchange for the admission, the driver is required to go to alcohol awareness classes, perform community service, and/or pay a fine. Because the driver does not go to court, there is not a record of conviction for drunk driving.

Other states have a system whereby a driver goes to court, admits to driving when drunk, and receives a reduced penalty. Often the penalty is to require that the driver perform some type of community service, attend alcohol/drug awareness classes, and pay a reduced fine. After a period of time, if the driver is not charged again with driving under the influence, the driver can seek to have the conviction expunged or removed from the driver's record.

Negotiating either one of the above two situations is really a job for an experienced attorney. Individual drivers do not know how the system works and may not receive as good of a deal as the lawyer can get for the driver.

For multiple offenders, the legal penalties can be stiff including jail time. Because of the stiff penalties, many second, third, etc., drunk driving offense cases go to trial.

Some people think that since they know the drunk driving laws, they can handle their own case without a lawyer. However, knowing the laws is not enough. When cases go to court, the driver defendant needs to also know rules of criminal procedure, rules of evidence, and local court rules and procedures.

The defendant driver also needs to know how to present a case, what motions to make, and when to make the motions. For a simple example, in the prosecution of a drunk driving case, the prosecutor must prove that the incident occurred within the jurisdiction of the Court. If the prosecution does not prove where the incident occurred, then a motion must be made at the right time to have the case dismisses. An untrained individual will most likely miss this fact and motion.

Experienced lawyers know what needs to be proven and how to present a defense in court.

This is general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state.

This article may be republished, but the wording must not be changed and the author links must remain active.

Are You Facing a Theft Charge? Hire Yourself a Reputable and Experienced Criminal Defense Attorney

When you're charged with a crime, the experience is not pleasant and theft charges can be quite complicated to muddle through. After all, there are several different types of theft charges; some are misdemeanors while others are felonies. If you're facing theft charges, it's important you know the different kinds and what they mean. You can get through this by finding yourself a criminal defense attorney and retaining his/her services.

An experienced criminal defense lawyer will be able to assist you in your criminal defense case. The attorney will know the difference between the theft charges and help you to understand what your options are. If you don't have this knowledge, you're less likely to be successful in your criminal defense.

While you're assured an attorney by the Constitution's Bill of Rights, that doesn't mean you'll get the best-representing attorney. Public defenders have experience in many factions of the court law so they may have some experience but not the experience you'd want for your case. Look for legal representation that knows what they are doing rather than someone who is learning alongside you.

While court-appointed attorneys do their best to represent you, they have many court cases they must contend with. A large caseload often requires them to accept plea bargains even if it's not in your best interest. Make sure that your attorney will weigh the options before he/she recommends what route you should take.

If it looks like your case is heading to trial, find an attorney who's got plenty of trial experience. Arguing a case is much more than strongly telling your side of the story; it also includes filing the right motions or introducing evidence into court. It also involves knowing how to sway the jury with the knowledge of the human nature. If your attorney has plenty of courtroom experience, they'll give you the best defense possible.

When you're trying to hire an attorney, you want one that makes you feel comfortable. It's not uncommon for people facing theft charges to feel uncomfortable talking about the case, as they feel judged before they've had a chance to explain their side of the story in court. Your attorney should listen to you with an open mind and discuss with you all points of the case.

Your criminal lawyer should have positive results in prior theft cases. While you're unlikely to find a lawyer who's won every single one of his/her cases, you certainly don't want a criminal lawyer who's never won a case. What you should look for is a lawyer who's got a strong acquittal record as well as plea-bargains or dropped charges on minor charges.

Regardless of what crime you're accused of and charged with, you should find the legal counsel that will give you the best representation possible. Make sure the counsel you get has a history of winning theft cases and that you're comfortable talking and working with him/her.

Testifying in Court Article 2 - 8 Things to Think About‏

If you are scheduled to testify at trial, you are probably very nervous. That's normal. Just remember to listen to your attorney because he or she knows your case (hopefully!) and is on your side (also hopefully!). Also, here are 8 things to think about before you take the stand.

1. Practice makes perfect and it's perfectly OK to rehearse. Your lawyer should take the time to review with you the questions he or she is going to ask you as well as possible questions from the other side. There should be no surprises. You should not be surprised by what you are asked by your lawyer and your lawyer should never be surprised by your answers to any questions.

2. Keep your answers simple. A good attorney will ask yes or no questions and you should answer with a yes or no. When you offer too much information, you run the risk of having your words twisted.

3. Don't anticipate a question. Stay alert, listen and answer the question posed. Witnesses sometimes begin to answer a question before it's been fully asked and that can cause you to be misunderstood or offer too much information. Rather, take your time, listen to what is said and be sure of your answer.

4. You only get one chance to make a first impression to a judge or jury. So, dress appropriately. Wrinkled clothing and an untidy appearance are simply not going to bode well with a Judge or jury. If you present an appearance of respect to the court, you will get respect and, in turn, your testimony will more likely be respected and believed.

5. Relax and speak loudly and clearly. A strong, clear voice will be an asset to you.

6. Be patient. While the Judge and lawyers are hashing out the technical stuff such as motions being filed or side conferences with the Judge, try to sit tight. You are getting your day in court and your chance to tell your story. So, let the lawyers and Judge do what they have to do even if it holds you up.

7. It's ok to bring a friend or family member along for support. If they aren't also a witness, they are allowed to sit in on the trial and it might help to have a friendly face to look at.

8. Last but certainly not least - Tell the truth (The whole truth and nothing but the truth). Do not embellish or say what you think the Judge or jury wants to hear. It could severely hurt your case because it gives the other side's attorney a chance to pick apart the nuances of your testimony. Also, if you are asked a question you don't know the answer to, say that you don't know. If you don't understand a question, just say that you do not understand. In a word, be honest.

Six Signs You Have A Good Lawyer!

There are thousands of lawyers in California who seem to have a similar education, licensing and specialization and yet the experience that different clients have with their attorneys are so different from one another.

So, how do you know that your attorney is the one who will provide you with quality legal representation:

1. Your attorney is not overconfident in the outcome of your case. No matter how experienced and seasoned the lawyer is, he cannot and should never be sure of the outcome of your case. There are so many facts and circumstances that might come into play as the case develops and the nature of our legal system is such that there is simply no way to know for sure whether you will win or lose and if you win - how much exactly you will recover from the other side.

A responsible legal professional will assure you that he will do the best he can to represent you as aggressively as possible but he will not make any promises as to how much you will recover and how long exactly the process will take.

2. A good attorney should not act like a pushy salesman. He shouldn't shove papers underneath your hand for your signature telling you that "it's ok and you have nothing to worry about." Instead, he should explain to you in plain and understandable terms what you are signing, why it is necessary and what the consequences of your executing that document are. For instance, a good attorney will go over your services contract with him, paragraph by paragraph, making sure that you understand what the scope and the limitations of the legal services you will be provided with.

A good attorney will also advise you that you are free to terminate your agreement at any time and seek alternate counsel and hire a different attorney of your choice at any time.

A good attorney is patient with his clients and makes sure that you have a general understanding of the process, and he doesn't make you feel unwelcome or like you are wasting his time.

3. A good lawyer is capable of keeping in touch with you in a way that makes you feel that your case gets the attention it requires. An attorney has a duty to communicate with his client on a consistent basis. One of the most common complaints reported to the California State Bar by clients is that attorney fail to communicate and return phone calls / e-mails and letters from their clients. Being ignored is a frustrating experience in any setting - professionally, socially and especially when it comes to dealing with a lawyer. Litigation process is stressful enough and raises many questions or concerns in a client as the case develops that need to be addressed promptly. A good attorney is not "too busy" to return your calls and he keeps you informed of the developments of your case.

4. A good attorney will advise you not only how to prosecute your case but whether or not it is worth your time, money, energy and emotions to actually go after it. Not every fight is worth fighting and sometimes it is a better idea to walk away for your own benefit even if the other side gets away and isn't held liable. An honest attorney will not make you fight a case just to charge you an hourly fee. He truly does work in the best interests of his clients by not only pursuing their legal rights but also advising them whether or not it's prudent to pursue a case altogether.

5. A good lawyer is not too busy to handle your case. A competent lawyer will not take on more work than he can handle in a quality manner. A good attorney will not sacrifice the quality of his services for the sheer volume of the business because he realizes that his reputation and concern for his existing clients' cases is his priority.

6. Lastly, your attorney doesn't come across as a "typical" lawyer. A great attorney defies the stereotypes that are commonly associated with the legal profession - arrogance, greed and flamboyance, and substance abuse. He is friendly, personable and charismatic and you actually enjoy working with him/her.

Assault Vs Battery

The term "assault and battery" is a very familiar one, but the differences may escape most people. We're so used to hearing them as a pair that many Americans don't know what the difference between the two is and how those differences affect the consequences of the crimes. Knowing what assault and battery are and how they differ can be important to establishing your innocence. Discussing your charge with a criminal attorney can be an important step in defending yourself.

Assault

In the United States, assault is a crime of violence in which violence is threatened against someone, and usually followed up by the display of force. For example, if someone threatens you and pulls out a knife, that person has committed assault. Additionally, assault may also include any threat of physical contact. Other countries may define assault differently.

Assault is the threat of attack, not the attack itself. You do not have to be even touched for the other person to have committed assault. Let's say you're watching a game at your local sports bar and another patron has had too much to drink. He gets aggressive towards you and begins threatening you with violence, saying that if you don't get out of his face, he's going to hit you, raising his hands threateningly. Even though he has not actually hit you, his verbal threats and the brandishing of his fists means that he has committed assault and can be arrested.

Battery

Battery, however, is defined as the actual violent contact against someone. Depending on the circumstances, it may be either a misdemeanor or a felony. To prove battery, the prosecutor must establish that an unlawful display of force has been applied to another person which results in injury or offensive contact. To put this in layman's terms, the lawyer must show that the defendant has violently attacked the victim.

Battery is often preceded by assault, and both crimes can occur in the same act. If the person at the sports bar had followed through on his threat and attacked you, he would have committed both assault and battery. However, battery does not always occur with assault. If an attacker jumps you and hits you without threatening you, only battery has been committed, not assault.

If you're interested in learning more about assault and battery, or have any other questions about criminal defense law, visit www.criminallawyerbocaraton.com.

Insurance Disputes and Bad Faith - Differences in These Actions and How to Retain Insurance

Each state has its own set of laws that address the selling of insurance policies and how loses on these policies are to be handled with an insured. Each state also has its own Insurance Commission which is in charge of making sure that insurance companies doing business in their state are following the insurance rules for that state. Just because there are regulations pertinent to insurance companies, it does not mean that these companies don't sometimes engage in activities that are contrary to state law. When a company violates these state mandated principles governing insurance agreements, it may constitute a breach of the policy or even be considered bad faith. The insurance company taking to much time in making a decision on a claim or requiring unreasonable actions or documentation from an insured to prove a claim can evidence bad faith.

In addition to the value of the claim itself, the remedy for an company's breach of the policy, an insurance company acting in bad faith may also be liable for damages for causing emotional distress to the plaintiff and perhaps even punitive damages if their pattern of conduct is so outrageous to disturb the general public. Types of insurance policies where a breach of the policy or insurance bad faith may occur include: homeowner's insurance, fire insurance, uninsured motorist insurance, commercial insurance, life insurance and health insurance policies. Types of claims can include the following types of insurance losses: fire loss, theft loss, flood loss, weather related loss, automobile loss, commercial losses, health claims and life insurance claims.

Should you be involved in a situation where your company is denying your claim, demanding unreasonable hoops for you to jump through or is dragging its feet in advising you if your claim is accepted or denied, you should engage the help of an experienced insurance dispute or bad faith lawyer. The experience you should look for in hiring an expert insurance lawyer should be whether or not the attorney has insurance experience. Such experience should be in the form of whether or not the attorney has handled these types of claims before, whether or not the lawyer is a former insurance adjuster or whether or not the attorney has previously represented insurance companies at some time in his practice. A well-seasoned and experienced insurance lawyer will have many cases under his belt and will be familiar with all the language of the insurance agreement. Such language is usually highly technical and may be difficult for some to understand.

In addition to the experience a lawyer may have you also need to make sure that the insurance attorney has the resources and funds to be put forward in any insurance breach of contract lawsuit or any insurance bad faith litigation. The cost alone in these types of cases could run into the 4 to 6 figure range. Such cost include the hiring of insurance experts to provide a coverage opinion in your case and to provide deposition testimony. In short, these types of cases can be very complicated, technical and expensive. Therefore, take care in hiring an insurance dispute attorney and an insurance bad faith lawyer.

Burial and Funeral Costs For a Wrongful Death

The underlying circumstances surrounding a loved one's death are never an easy situation to delve upon. You are at your most vulnerable state, oftentimes feeling mixed emotions of anger, pain, frustration, sorrow, and uncertainty. While it is true that all deaths are difficult to bear, it is oftentimes more devastating when your loved one's death is premature just because of somebody else's carelessness or negligence.

Apart from the emotional baggage, the surviving family members are likewise beset with a pile up of financial worries. This includes burial and funeral costs that are admittedly incredibly expensive these days. In a wrongful death case, these costs can be fortunately compensated for. It is just a matter of consulting a competent and reliable attorney who has experience in this type of lawsuit to help you in claiming the compensation that you deserve.

There are a number of situations that can possibly result to filing a wrongful death suit. Examples of these circumstances include a victim's death caused by defective vehicular parts, food products that are proven to be contaminated or poisonous, motor collisions with the accused party driving while drunk and reckless, or even abuse from the a nursing home facility that eventually led to the patient's death. If you think that the situation surrounding your loved one's death could fit into these types of negligent practice, then you might want to immediately consult a wrongful death lawyer to determine the graveness of your loved one's case.

Having said that, ascertaining that your family member's death is caused by someone else's negligence, carelessness, or just plain unreasonable inaction during the tragic event can be quite tricky and difficult to prove. This is why you inevitably need the expertise and solid experience of a specialized wrongful death lawyer. He possesses the years of legal training and familiarity with the different cases of this type and hence, will have better understanding to prove the negligent fault of the accused party.

Your attorney will likewise be able to determine how much your premature death settlement claim is really worth. The financial estimate will, of course, vary from one wrongful death case to another and will largely depend on the complexity and graveness of the situation. Among other several considerations, these circumstances will lead your wrongful death attorney to the right and just financial estimate as to how much you can possibly claim for your wrongful death compensation.