Articles Of Law

posted by Admin on Sep 29

The court process for a criminal Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charge consists of more than just a trial. Before a DUI/DWI trial there are a series of other court proceedings including arraignment, preliminary hearings and pre-trial motions.

Arraignment

Arraignment is the first hearing in the DUI/DWI trial process. At arraignment the judge will read the charges against the defendant, and then will ask if the defendant pleads guilty or not guilty. The judge will then decide if the bail amount should be reduced or even if the defendant should be “released on their own recognizance.” If the defendant doesn’t already have an attorney to represent them, the judge will also decide if they are eligible to be appointed a public defender. Everyone has a right to the assistance of counsel in criminal cases where the defendant could be deprived of their liberty.

If the defendant already has an attorney or has already been appointed a public defender and they are present at the arraignment, the prosecutor may give the attorney copies of the documents that will be used in the case against the defendant, for example, police reports and the results of any blood alcohol tests.

Finally the judge will set the date for the preliminary hearing, the pre-trial motions and for the trial.

Preliminary Hearings

Some states only have preliminary hearings for defendants that are charged with a felony. Most DUI/DWI first offenders are charged with a misdemeanor, not a felony. The preliminary hearing is where the judge will go over the evidence against the defendant and determine if there is enough evidence to convince a jury that they were Driving Under the Influence or Driving While Intoxicated.

The prosecution may call witnesses to testify against the defendant and at this point the prosecution will submit evidence that will be used against the defendant. The defendant’s attorney will have an opportunity to cross examine any witnesses called by the prosecutor.

Pre-Trial Motions

The attorney for the defendant will have the opportunity to bring motions to keep damaging evidence out of the trial or to prevent witnesses from testifying at the trial. Some of the evidence that the defense attorney can try to keep out of the trial includes the results of the blood alcohol tests, the results of the field sobriety tests and any incriminating statements made by the defendant.

Trial

The trial is the final stage in a DUI/DWI criminal proceeding. The stages of a trial proceed in the following order:

• Jury selection
• Opening statements
• Witness testimony
• Cross-examination of the witnesses
• Any final motions
• Closing arguments
• Jury deliberations
• The jury verdict

If the jury has determined that the defendant is guilty of DUI/DWI then the judge will determine the sentence following the trial. Each state has its own set of guidelines that the judge will follow for sentencing.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about DUI/DWI Law.

Related legal pages for more information: Attorney Michael Lowe of Dallas, TX. Serving all of Texas.

posted by Admin on Sep 29

When you are faced with a criminal offence, there are many alternatives to jail.  It is in your best interest to use a Raleigh attorney who specializes in criminal law to have your sentence reduced.  Depending on the severity of the crime, you may be able to reduce your jail sentence to something less severe.  No one wants to go to jail, and many people are happy with their sentence if it means avoiding jail time.

If a crime was for something to do with drugs, you may have the choice of a rehabilitation program.  This is also true of anger management and alcohol related crimes.  Failure to participate in whatever you are ordered to do will be grounds for your placement in jail.

Many judges will offer work release programs.  You will have to perform some type of labor.  You can sleep in a dormitory or go home to sleep depending on the severity of your crime.  Most people have to show up to work everyday and often check in with the probation officer that is over them.  If this is not done, it may lead to jail placement.

You may be placed on house arrest.  This allows you to stay at home and go to any approved activity.  An ankle bracelet is fitted that will reveal where a person is at all times.  Depending on the crime, you may not be able to leave the house.  The perimeter you are allowed to travel depends on the crime committed and any prior record.

Community service is a very common sentence.  This involves working in the community.  This is appropriate for less severe crimes.  These people are people who will not be a threat to the community.  Many times, community service will fit the crime.  If you destroyed property with graffiti, you may be required to clean up similar areas.  Many people completing community service clean up parks and roadways.  Court officers supervise community service.  A person must show up at their scheduled time and perform he service in order to complete the program.  If you fail to do this, you may end up in jail.

Using an attorney can mean the difference between jail time and another alternative.  If you are involved in a crime, make sue to notify a Raleigh criminal attorney right way.  The more time an attorney works on your case, the better chance you have of getting a lesser sentence.  You may have committed a crime, but you can still learn your lesson and change without having to go to jail.

Many alternative sentences are much better for a person than jail.  People have the chance to be rehabilitated, or gain an understanding of what they have actually done.  It is also good to keep a person productive.  It can lead to a more successful person in the end.  Jail can really change a person.  This is not always for the better.  Make sure that you always have an experienced attorney ready to work for you.

This article should not be construed as legal advice.

Additional Legal Pages: Criminal Defense Lawyer Michael Driver. Serving clients throughout all of North Carolina. 

posted by Admin on Sep 29

Your rights as a worker can be hard to understand when it comes to personal injury law in Texas.  Many people have a hard time figuring out whether they need a lawyer, or they are under the assumption that their job is not going to give them benefits when hurt on the job.

Make sure to find a Dallas attorney that specializes in work related injury.  Many areas of these laws can overlap and have many technicalities.  You will need the help of an experienced law firm in order to receive the compensation you are entitled to.  Many people wonder why these laws are so complex.  In the state of Texas, on the job injuries belong to one of two categories.  These are injuries covered by workers compensation and those that are not.

Rights will differ based on your employer’s involvement in the workers’ compensation program.  You will want to base your Dallas lawyer on your individual situation.  You will be facing limits on your compensation, proving employer liability, and many other important factors.

Workers compensation keeps companies from being liable if an employer gets hurt on the job.  Employees gain insurance for injuries right through workers compensation.  Although this is true, employees are often offered less than what they deserve.  This is where a good Dallas injury lawyer comes in.

Many employees run into trouble when they don’t subscribe to workers’ compensation.  If this is your company, they have to compensate you on their own, and can’t limit the amount that you can recover.  This has created a certain type of attorneys who defend these companies who have not subscribed to workers compensation.  They will do what they can to prove that the accident was your fault.  Never represent yourself in a situation like this.  Make sure to get an experienced Dallas injury attorney.

Many companies avoid workers compensation due to insurance premiums.  They risk employee livelihood in order to save money.  Many of these businesses are places where most people wouldn’t get hurt such as office buildings.  These companies can become very deceptive when trying to build a case against you.

If you are a contract worker and not an employee of the company where your injury occurred, a Dallas injury attorney can help you.  Although you technically do not receive benefits in the event of injury, there are still specifics that a company must follow.  This is where your rights as a contract worker come in.  Let a Dallas Attorney help you.

Many employers will try to get away with not paying if an injury occurs.  This is especially true if an injury is due to negligence on the part of the company to keep up to safety standards.  If you are not sure what to do, many injury attorneys will provide you with a free consultation.  Getting the compensation that you deserve is often not an easy task.  This is where you need experienced people behind the law to back you up. You have rights as an injured worker.

This article is not intended for legal advice.

Additional Legal Sources: The Barber Law Firm. Serving clients in Dallas, Texas.