Criminal Law - Guide to Criminal & Penal Law

An Introduction to Dram Shop Law

2008-09-26T07:11:00.004-07:00

A "dram shop" is legal term unique to the US. It refers to any establishment that serves or sells alcoholic beverages. Many states have dram shop laws, or statutes that make such an establishment responsible for any injuries suffered or inflicting by a person who has illegally purchased alcohol from them.

This seems like a strange concept to many people who believe in holding everyone responsible for their own actions, even the highly inebriated. To provide some context for these laws, which may help to explain the reasoning behind them, here is a brief overview of our country's dram shop laws and their historical origins.

What Exactly Do Dram Shop Laws Say?

In some states a business is not automatically responsible for any damage caused by one of their intoxicated customers. In order to be held legally liable, they have to sell regulated beverages in an illegal way. The exact laws differ by state, but in general it is illegal for businesses to:

Sell alcohol to a person under the age of 21
Continue serving drinks to a person who is visibly inebriated
Fail to respect regulations about the hours of operation for bars or liquor stores

It is important to note that in some states the sale does not even have to be illegal. A bar or liquor store can be held responsible for injuries caused even by a perfectly legitimate customer.

If an establishment breaks this law and the intoxicated person in question causes injury to himself or a third party, the establishment could face a lawsuit filed by the injured third party. In some states, a person can even sue for injuries he inflicted on himself while inebriated.

Other states include further restrictions than the ones outlined about. In some places a business can be held liable for serving drinks to a person who is "habitually drunk." In Massachusetts a business can even be used for offensive or vulgar behavior from intoxicated customers.

Where Did These Laws Come From?

The origins of these laws are usually traced back to the early 20^th century Temperance movement. This was a group of people, largely women, who wanted to reduce the amount of liquor consumed in their country, if not end it entirely. They were a driving force behind Prohibition, the period between 1920 and 1933 during which alcohol was illegal in the US.

The Temperance movement is often misunderstood. While Prohibition ultimately failed, when one learns more about the issues these women were trying to address, their attempt becomes more understandable. Rather than hating alcohol for its own sake, they were trying to fight the parental neglect, domestic violence, and poverty often associated with drug abuse.

A Brief History of the Insanity Plea

2008-09-26T07:11:00.003-07:00

The insanity plea is an affirmative defense. An affirmative defense means that the defendant acknowledges the crime happened, but does not believe he or she should be held fully responsible for one reason or other. As anyone could probably guess, a person who pleads insanity is arguing that he or she should not be held responsible because he or she is legally insane, or was at the time that the crime was committed.

This plea has sparked much controversy over the centuries. Some people are appalled by the idea that a murderer or other dangerous criminal could be "let off the hook" by claiming mental illness. Other people are equally repelled by the idea of punishing a person who is not capable of fully understanding or controlling his or her actions.

At the center of all this debate has been the attempt to settle on a legal definition of insanity. Many different standards have been proposed and used in different courts all over the world. Within the US, the legal understanding of mental illness has evolved into several different forms over time. In chronological order, these are the rules of thumb that have been used to settle insanity pleas in the US.

The earliest attempt to legally define insanity originated in England in 1843. It became known as the M'Naghten rule, after a paranoid schizophrenic who was found not guilty after shooting and killing a politician. This rule stated that a person could not be held legally responsible for criminal actions committed while suffering a mental disorder that either a) prevented them from understanding what he or she was doing, or b) prevented them from knowing his or her behavior wrong.

Some people in both the US and England felt this law was too lenient, and that a person should not be excused of crimes as long as he or she is capable of controlling his or her behavior. In 1887 the Alabama Supreme Court devised the "irresistible impulse test." Under this law, people who wanted to plead insanity had to demonstrate that they were incapable of controlling their behavior when their crimes were committed. Several states adopted this law, which was criticized both for being too strict and too lenient by various parties.

Although the Durham Rule was first developed in New Hampshire in 1954, it was not widely used across the US until the 1950's. This short-lived law declared that anyone whose crimes were caused by a mental illness was not responsible for his or her crimes. It should be noted that rather than being set free, people found mentally ill were incarcerated in mental hospitals, often indefinitely. Today New Hampshire is the only state still using the Durham rule.

The current definition of insanity used in every other state is an inability to understand the consequences of their actions or control their behavior. This may sound broad, but today the insanity defense is rarely attempted, and extremely rarely successful.

An Introduction to Parole

2008-09-26T07:11:00.002-07:00

Parole is the release of an inmate before he or she has served his or her full term. This is only granted to inmates who have displayed excellent behavior and who are determined unlikely to reoffend. The idea behind granting parole is to encourage good behavior within prisons while allowing a prisoner who appears to have been rehabilitated to gradually return to society.

In Wisconsin, a person who has been convicted of a misdemeanor or sentenced to less than one year in prison may be eligible for parole after six months or one quarter of his or her sentence, whichever length of time is greater. A person who has been convicted of a felony or received a sentence of greater than one year cannot be granted parole under Wisconsin's Truth in Sentencing Act of 1999.

If a person is eligible, he or she will have a meeting with a member of the Parole Commission (PC). This will take place at the prison where he or she is staying, probably in a small office. The meeting will consist of an interview during with the commission member will try to gather enough information to determine whether the prisoner has been rehabilitated.

Specifically, the interviewer will determine if the inmate meets all eligibility requirements. Under Wisconsin law, these requirements are:

· Reaching the parole eligibility date (PED) determined during sentencing or the last meeting with a member of the PC
· Showing positive behavior and documented progress in education and/or treatment
· Serving sufficient time for his or her crime
· Showing acceptably low signs of risk to the public
· A feasible plan for obtaining employment, a residence, and treatment if needed

The first interview usually takes place one month before the PED determined at sentencing. If the prisoner is found to be eligible, he or she will be granted parole on that day. If parole is not granted, the interviewer will issue a defer, which is the amount of time that must pass before the inmate can request parole again.

If an inmate is granted parole, he or she will be released into the community under the supervision of a parole officer (PO). There are generally stipulations that he or she must follow, such as staying out of trouble and meeting with the PO on a regular basis. If he or she fails to meet the regulations spelled out, he or she may return to prison to serve the remainder of the original sentence, as well as charges for other crimes if he or she committed any.

Domestic Violence Criminal Defense Explained Part One

2008-09-26T07:11:00.001-07:00

Let's say there has been an incident between you and your girlfriend and someone has called the police. What was a private matter is no longer private. Now you have to explain yourself to a third party.

It is often a "she said, he said" matter. Unfortunately for men, usually the police will choose to believe the woman. Who will become the victim and who will become the defendant often depends on who called the sheriff or police or who claims to have been injured.

Of course, sometimes things are not that simple, and it is always best to stay out of the system to begin with. Do not let anyone tempt you into making physical contact first. If your girlfriend is hysterical and slapping you, run the other way, get out the door, drive away: do anything but let things get to the point where you do something causing the police to be contacted.

If you think the other person is going to call the law enforcement, often the best defense is offense: call the cops yourself.

Whatever you do: never physically attempt to stop your partner from calling the police. This will be become an additional charge.

Now for some really bad news: Even if the victim later decides not to press charges, this will not help you in many California counties today.

The D.A. decides to bring charges, no one else-not the court, not the police, not the victim. District Attorneys are motivated to do things that the public will perceive as punishing offenders and protecting society. Once the cops are called the process begins. The D.A. may feel the victim has been coerced into changing her (or his) story. Most D.A.'s assume the original claims are true.

Despite this, it is extremely helpful to defense counsel if the assaulted or abused party indicates to the police and D.A. that she or he does not want to cooperate with the prosecution.

Conduct Online Criminal Check Review

2008-09-26T07:11:00.000-07:00

Would you like to read a review of the Criminal Check website? Criminal check services are in high demand on the internet, with thousands of checks being conducted online every day. Most people are looking for a way to find criminal records for free. But from my experience, searching for free records can be very time consuming and frustrating, and usually yields no results at the end.

After searching through multiple free criminal records search websites, I finally decided to use the premium service called Criminal Check.

1. How Does The Criminal Check Site Work?

This website is a reputable background check website that specializes in criminal background search services. It maintains a database that contains records of millions of people, and provides their members with a wide range of search tools to help them find any person they want quickly.

Criminal Check website helped me find complete criminal records of the people that I was looking for. For these services, users have to pay a small membership to use the quality database and search tools.

2. What Are The Benefits Of Using Criminal Check Site Over Other Free Websites?

A premium site is the better choice if you cannot risk getting outdated or wrong information of the criminal records you are looking for. Premium websites like Criminal Check update their database once every day, whereas free sites do not update their records as readily. Free websites also take a longer time to search through the records as they do not have advanced search tools for their users.

Searching Public Criminal Records the Easy Way

2008-09-20T05:04:00.004-07:00

In the last few years, the popularity of running public criminal records searches online is skyrocketing. It is now easier than ever to accumulate public criminal records information.

If you want to run a comprehensive background check on a specific person, there are some of the options online for you.

First option is hiring a professional private investigator have licenses that allow them to access wide range of databases that you are allowed if you conduct a search on your own. This can be an expensive option as they charge around $100 per report. The majority of these professional private investigators usually charge fees on an hourly basis.

Make sure that you have the person's correct first name, last name, exact location, as well as his/her previous residences. Different states acquire different public criminal records. For instance, if any person has been charged in one state, the public criminal record of the same person of another state may not show up.

This is the main reason for why many people opt to run FBI searches. However, FBI requires the fingerprints of the person undergoing the search and this is the main problem. Sometimes you may need the permission of person whom you want to conduct the search on.

The quickest and easiest option is an online background check services which pulls up public criminal records. The majority of these services pull up an extremely wide range of informative details including public criminal records, court cases, mortgages, birth and death certificates, divorce decrees.

Consensual Crimes - Not Actual Crimes

2008-09-20T05:04:00.003-07:00

While numerous violent criminals and white-collar criminals roam free, and innocent people rot in prison and on death row for crimes they didn't commit, law-enforcement resources are used to destroy the lives of consenting adults who do not harm anyone. One article I ready suggested that approximately four million people are arrested each year and 350,000 are in prison for consensual crimes.

I am considering a "consensual crime" to be defined as a criminal act committed by two or more people, who consent to involvement, and does not involve any non-consenting individuals. The following is a non-exclusive list of criminal acts that could be considered consensual between the parties: prostitution, adultery, homosexual conduct, sodomy, gambling, some drug use (marijuana), and assisted suicide.

Another name for these sort of "crimes" may be victimless crimes, because they do not harm anyone as they have no impact on a person other than those who chose to engage in the activity. Thus, there is no victim.

When people are arrested for those crimes, their ability to remain employed is jeopardized. A conviction and prison sentence virtually guarantees the loss of their livelihoods. Upon release from prison, the criminal record may impede their ability to find new jobs.

Even if they are not convicted of a crime, the arrest record alone can significantly harm their lives. It too can lead to loss of jobs and difficulty finding new ones, and it may interfere with other aspects of their lives, such as the ability to obtain credit, purchase a car, rent an apartment, maintain custody of children or to vote.

Thus, the financial impact of either a conviction or arrest may mean these people need long-term assistance from government or charities. Or they may resort to serious crime based on what they learned from real criminals while incarcerated. This is all a huge drain on the economy and is in addition to the costs of arresting, prosecuting, and imprisoning them.

To avoid conviction and prison, the accused may have to spend thousands of dollars on legal fees. For certain crimes, the amounts can run to tens or hundreds of thousands of dollars. When faced with the possibility of causing financial ruin to themselves and their families, some contemplate suicide and may see it as the only way out. If this is the action the accused takes, that impacts society from the loss of productivity, and more importantly, it impacts the family and friends of the accused.

Government causes all this turmoil in the lives of consenting adults to "protect" them from possible consequences that might occur to them - and them alone - from their own freely chosen acts.

Because these arrests devastate the lives of harmless people, a strong argument can be made that Christian mercy, along with the mercy taught by other religions and philosophies, is reason enough for leaving consenting adults alone, but the irony rarely seen is that often it is in the name of Christian principles that these laws exist or are pursued....

Law-enforcement resources are wasted investigating consensual acts

Government's focus on consensual acts leads to more unethical conduct in another way. To the extent law-enforcement resources are used against consenting adults, there is a corresponding reduction in the resources available for apprehending criminals that pose a true threat to society-those criminals who would cause harm to others and only seek to benefit themselves.

An enormous need exists to increase efforts to arrest those who harm the innocent. They victimize someone every two seconds in the United States, and five out of six Americans may someday be victims of violent crime. According to author Peter McWilliams, arrests are being made for only about 20% of crimes committed against persons or property. He also says one in six murderers gets away, eight of ten burglars aren't arrested, and only 5% of forcible rapes lead to prison time.

McWilliams further reports that $10 billion in personal property is stolen each year and never recovered. Billions more are illicitly obtained through white-collar crime. Even if the person is not harmed, if the victim files an insurance claim or takes action to recover damages, this alone ties up resources and takes resources from the economy, causing an impact that was definitely undesired.

Using law-enforcement resources against consensual acts also makes the U.S. more vulnerable to terrorism. According to The 9/11 Commission Report, in 2000 there were twice as many FBI agents assigned to enforcing drug laws than assigned to counterterrorism. The FBI's head of counterterrorism told the Commission he wishes he'd had "500 analysts looking at Osama Bin Ladin . . . instead of two." And former Vice President Al Gore charged that prior to the September 11 attacks, the Bush administration's Justice Department had more FBI agents investigating a suspected brothel in New Orleans than monitoring Bin Ladin and al Qaeda.

There obviously is a strong need for law enforcement to improve its responses to real crimes committed against persons or property. Yet each year in the U.S., law enforcement applies some $50 billion to arrest, prosecute, and lock up persons who commit consensual crimes. Some estimates are that roughly half of all law-enforcement resources are used in connection with consensual crimes.

Those resources could go a long way toward remedying the current deficiencies in law enforcement's handling of more serious crimes. Due to this misallocation of resources, many violent and sociopathic criminals are able to escape justice and continue preying on the public. The same principle applies to white-collar criminals who may never be detected... lest we forget the Enron and WorldCom scandals.

An Introduction to Dram Shop Law

2008-09-20T05:04:00.002-07:00

What Exactly Do Dram Shop Laws Say?

Sell alcohol to a person under the age of 21
Continue serving drinks to a person who is visibly inebriated
Fail to respect regulations about the hours of operation for bars or liquor stores

It is important to note that in some states the sale does not even have to be illegal. A bar or liquor store can be held responsible for injuries caused even by a perfectly legitimate customer.

Where Did These Laws Come From?

Underage DUI

2008-09-20T05:04:00.001-07:00

Drunk driving is a serious crime in United States and especially underage drunk driving is considered severe because it affects both society and individual. Some harmful consequences of underage drinking includes early addiction of alcohol, poor performance at school, various health problems, alcohol related accidents, injuries and even deaths. Statistics reveals that about 5000 underage deaths occur each year due to excessive use of alcohol. Therefore, stricter laws are enforced to limit the underage drinking.

In 1995, Bill Clinton, the former president of United States, enforced "Zero Tolerance" law against underage drunk driving. Under this law, anyone under the age of 21 with Blood Alcohol Content (BAC) of 0.02 percent or higher will be charged with a DUI. But in reality, the "Zero Tolerance" law has been enforced to bring down underage drinking. Hence, there is an additional charge of underage drinking along with a regular DUI.

The penalty for underage DUI conviction includes confiscation of vehicle, suspension of drivers license, completion of community service, attending alcohol educational classes, paying stiff fines, probation and maybe even a jail term of up to one year. Seeking legal help is strongly recommended for underage DUI due to its extreme nature of charges.

Underage DUI conviction affects educational and career opportunities to an individual. They may face difficulties in college admission and as well as jobs. Admission into professional studies such as law, medical, teaching and accounting in graduate schools are declined for underage DUI convicted individuals. Likewise, they also find it difficult in getting a job and are required to mention their conviction in job application to avoid getting dismissed from their employment if discovered later. It is best to seek help from a lawyer under such circumstances and get to know your rights.

Expunging Criminal Records

2008-09-20T05:04:00.000-07:00

Expungement of a criminal record is basically a type of lawsuit. Through this process, someone who has been accused of a crime, or has been the subject of criminal investigation or proceeding, attempts to destroy or seal the records from the public. The process of expungement is thereby used to clear the name of the accused.

Even though the process deals with criminal records, expungement is considered a civil action. The person with the criminal record becomes the plaintiff during the process, requesting that the court expunge the records. There are, however certain requirements that the accused must meet before expungement can be considered. These requirements can often include things like fulfilling a waiting period, not having more incidents, not having been convicted, and completing probation without incident. Things such as the number of prior incidents, the gravity of the offence, and things of that nature may also be taken into account when expungement is being considered.

Different states have different guidelines for what records and what kinds of records can be expunged. Generally, the accused must fill out certain forms to submit to the appropriate authority. Most jurisdictions allow the expungement of juvenile records once a certain age, usually 17 or 18, has been reached. Some states only seal the records from the public while allowing certain authorities to use them further. Other states destroy the records completely. Either way allows the accused to enter into adulthood without a criminal record, thereby keeping the negative effects that come with a criminal record at bay.

Texas law allows expungement for any arrests that did not lead to the arrested being found guilty. The accused can also attempt to expunge his or her record if he or she was accused of a class C misdemeanor and received deferred adjudication and completed community supervision. Once they are expunged, criminal records cannot be used, released or disseminated by any agency. The defendant may also deny the occurrence of the arrest or criminal hearing process unless he or she is being questioned under oath.

If the accused was charged with a class C misdemeanor, and was found guilty, pled guilty, or pled no contest, the record cannot be expunged. It may be possible, however, to attain non-disclosure if deferred adjudication was granted.

Drug Charges in Your State

2008-09-05T08:48:00.003-07:00

Being arrested for any type of drug charge can be a nightmare to have to handle. There are many things about your drug case that you need to be aware of before you begin the trial. Drug charges can be very complex if you are not prepared for all the factors that go along with the trial.

Depending on what state you are in, drug charges can be very severe. There are many different punishments that can go along with a drug charge depending on many different factors. One of the first things that the judge is going to consider in your case will be your past criminal history. If you have an extensive past of criminal arrests and charges in a variety of areas, you won't be as likely to receive leniency from the judge. The second factor that the judge will most likely look at is your current lifestyle choices. If you have no past arrest and a contributing member of society, the judge will be more likely to let you off easier.

Drug charges can also be complicated because of the different types of offenses there actually are. One of the first types of drug charges is possession. Depending on the amount of the drug that you had in your possession when you were arrested will determine the severity of your punishment. This basically means that the more of the drug you had with you, the worse off you will be in the court room with the judge. If you are arrested for possession, the type of drug that you have will also determine how severe your punishment is. This means that if you have a hard level 5 drug with you when you are arrested, the judge will not have much leniency for your case.

The next type of drug charge that you could end up with is dealing. What you have to understand about this is that there are many type so dealing charges that you could get charged with. For instance, if you are arrested for dealing to a minor, the charges will be much more severe because the person who was buying was a minor. If you are arrested trying to sell a large amount of a drug to someone, this is also a severe crime and could end you up in jail for a long sentence.

Know Steps a Sexual Molester Takes on Your Child

2008-09-05T08:48:00.002-07:00

In 2006, the Secretary-General of the United Nations transmitted to the UN General Assembly a world report on violence against children that had been compiled by an independent expert for the UN. During a recent year, according to the report, an estimated 150 million girls and 73 million boys under 18 years of age experienced "forced sexual intercourse or other forms of sexual violence." Those numbers are staggering, but the report notes: "This is certainly an underestimate."

A review of studies from 21 countries suggested that in some places as many as 36 percent of women and 29 percent of men had been subjected to some form of sexual victimization in childhood. The majority of the perpetrators were relatives!

Many parents today still do not know how sexual molester take it's own on their children. As a parent, you need to know this so that you prepare yourself and your children for the fight ahead.

The following are what you are to know:

1. He Pretend to be trusted: An abuser will not use force on his victims. He prefers to seduce children gradually. He selects a child who seems vulnerable and trusting, which will relatively easy to control. Then he singles out that child for special attention. He may also even try to win the trust of the child's parents. Molesters are often expert at pretending to be sincerely interested in the child and the family.

2. He becomes more physical: Then, the molester will begin grooming the child for abuse, gradually becomes more and more physical with the child through innocent-looking displays of affection, playful wrestling, and tickling. He may even give generous gifts and begin to separate the child from friends, siblings, and parents, in order to spend time alone with the child.

3. He keeps secret with your child: At this point, he asks the child to keep some minor secret from the parents-perhaps a gift or plans for some future excursion. This tactics set the stage for seduction. When the abuser has won the child's trust and that of the parents, he is ready to make his move.

4. Exploiting your child: Subtly not violently or forcefully, he exploit the child's natural curiosity about sex, offering to act as a "teacher," or he may suggest that they play a "special game" together that only they will know about. He may try exposing the child to pornography in order to make such behavior seem normal.

5. Time to cover his tracks: If he succeeds in molesting your child, he is now eager to ensure that the child does not tell anyone about it. By using a variety of tactics, like: threats, blackmail, and blame, or perhaps a combination of these. There is no end to the devious and malicious tactics such individuals will try.

So as a parent you need to know beforehand the behaviors of your child your child before the molester comes in. you will live to regret it if your child become a victim.

Murder Is, Murder Ain't

2008-09-05T08:48:00.001-07:00

Law statutes in most states classify the crime of murder as the unlawful killing of an individual that is both willful and premeditated. Premeditated implies that the act was thought of and planned before it was executed. It also means that it was contrived with the intention to cause death to another person or persons.

First Degree Murder

Murder in the first degree is a premeditated act that takes the life of another. A premeditated act means that the act was thought of and planned ahead of time. Malice is also included in the criteria of first degree murder. The defendant must have had intent to cause bodily injury, harm, or death when they committed the premeditated act of murder.

In many states murder that occurs while committing other felonies like rape, robbery, or arson is also classified as first degree murder. For instance, if Bonnie and Clyde are robbing a liquor store and during the escape the owner shoots Clyde, Bonnie can be held responsible for his death and charged for first degree murder.

Second Degree Murder

This code of criminal law could be considered as the ground that lies between first degree murder and voluntary manslaughter. Second-degree murder is typically defined as "an intentional killing that is not premeditated or planned, nor committed in a reasonable 'heat of passion'", basically the opposite of first degree murder. It can also involve a killing caused by dangerous behavior and the offender's lack of concern for human life.

An example

Clyde arrives at his secret hide-away of a home to find Bonnie in bed with Billie the Kid. Clyde runs into Billie the Kid at a saloon the following night sitting next to a friend at the bar. Clyde takes out his pistol and fires three shots into the bar. He misses Billie, but shoots and kills his friend. Clyde has just committed second degree murder. He did not intend to kill the friend, but his reckless behavior or shooting gun displayed a lack of concern for human life and resulted in someone being killed.

Voluntary Manslaughter

This is the crime where the "heat of passion" comes in to play. In most states voluntary manslaughter is defined as an intentional killing in which the offender had no prior intent to kill. The circumstances that lead to this type of killing have to be such that they would drive a reasonable person to emotional or mental disturbance.

Recall the example from earlier. Clyde comes home to find Bonnie in bed with Billie the Kid and in the heat of the moment shoots the Kid with the shotgun he keeps on the side of the bed. Billie the Kid is killed, and Clyde has now committed voluntary manslaughter.

Driver's License Hearings

2008-09-05T08:48:00.000-07:00

Let's say you've been pulled over for drunk driving (also known as OWI, for Operating While Intoxicated) in the state of Wisconsin. Some people may consider this a minor charge, especially when compared to more serious crimes, but in fact there are serious legal consequences if you are convicted. Even if you are a responsible driver, it is good to know what to expect in this situation, as police officers do make mistakes and you want your rights to be protected.

If you refuse to submit to a chemical test, or if your BAC (Blood Alcohol Content) is found to be over.08, your license will be taken from you on the spot. At that point, you will have about two weeks to request a driver's license hearing. (In the meantime, you will be issued a temporary driver's license.) If you do not request a hearing, your license will be automatically suspended after a certain period of time.

Let's say you have chosen to request a hearing. This is a good move, as it is your only chance to possibly have the charges dropped, or at least attain an occupational driver's license. An ODL will allow you to continue driving to work, school, and other necessary locations. Without one, you may have great difficulty meeting your life obligations.

There are important things to keep in mind before, during, and after a hearing. Let's review some of them:

1. Speak with an attorney. You may have the perfect defense in mind, but there are likely important details about the law that you do not know about. Even if you are a lawyer yourself, it is difficult to be objective and professional about your own case. A good attorney can offer invaluable legal advice.

2. Be on time for your hearing. Better yet, be a few minutes early. This will show the judge that you are reliable, mature, and serious about protecting your rights. If you miss your hearing entirely, your license may be suspended.

3. Dress appropriately for court. Wearing jeans or sneakers will make you look as if you do not really care about the proceedings. Men should wear suits, while women should wear blouses and skirts, or suits.

4. If you are granted an ODL, be sure to file the necessarily paperwork as soon as you can. Your license will not be handed to you automatically; you will need to fill out certain forms before it will be mailed to you.

Your Criminal Record

2008-09-05T08:47:00.000-07:00

Many people do not want to get arrested for only the most obvious reasons. Naturally no one wants to pay a fine, conduct forced community service, or spend time in jail. But the effects of a conviction can last longer than you may realize. A criminal record can follow you for the rest of your life, affecting your job prospects, reputation, and political capital.

If you have been convicted of a crime, it is important to know what other people can and cannot learn about your history, and how this information may impact your life. This article will cover what employers and other people can and cannot access, and how they can treat you.

First, it is important to know that arrest records are public information. In this era of the internet, virtually anyone can learn your history by checking a court system website, hiring a background check agency, or simply entering your name into a search engine. Let's say one of these people is your current or prospective employers, and let's say they discover an old arrest or conviction in your records. Will that allow them to turn down your job application?

In Wisconsin, thankfully the answer is generally no. Turning down an applicant because of a prior arrest or conviction that is not related to the job he or she wants is considered an illegal form of discrimination. However, it is legal to turn down an applicant if the prior conviction reflects on his or her ability to do the job; for example, refusing to hire a cashier who stole from his or her previous employer is acceptable.

One exception to this is a pending charge. If you having recently been arrested and are currently going through the court process, a prospective employer may turn you down if court hearings and potential sentences would interfere with your job.

Although arrests and convictions are generally public information, certain kinds of records are not. It would be very difficult for a person to legally obtain any of the following information about you:

Juvenile delinquency
Adoption records
Child protection
Termination of parental rights
Guardianship
Civil commitments

A civil commitment occurs when a court finds a person incapable of acting in his or her best interest and orders that he or she be placed in a mental hospital until the situation improves. It is generally illegal for employers to discriminate against applicants or workers because of prior civil commitments.

Win Your DUI Criminal Defense and Force the Government To Prove Their Case Part I

2008-08-29T10:53:00.002-07:00

A drunken driving arrest or DUI case can be challenging, especially if you plan to win in California. When handling and taking a new client's drunk driving case, it is important to have a thorough understanding of both the criminal court case and the Department of Motor Vehicles APS (administrative per se) cases.

The current system in the Bay Area and all over California has a long line of convictions and the list is growing as the counties pocketbook finds more and more budget cuts. Defense counsel, either public or private can go to work for you and stop the political crime of DUI cases charged daily.

In 1990, California lowered her limit from 0.10% to 0.08%, knowing that it would "catch" many more people in the web than previously under the higher alcohol content limit. Let's look for a minute, in simple argument, to what 0.08% really looks like to the layperson. This small amount of alcohol means that it cannot be seen with the naked eye. A mathematician would say that it is 8/100's of One Percent of a person blood is some form of ethyl alcohol.

There are naturally more and more DUI Drunken driving cases each year, no wonder and naturally the number of people looking for a defense lawyer locally is growing each day. People need a good defense and they are looking for help in fighting their case. I even recently met a man who was in a Drunken Driving Education Program, ordered by the court for his DUI, which involved prescription drugs, which he had to take for his health, and involved NO alcohol at all.

This man had to take 18 weeks of a course to keep his already restricted drivers license and keep driving his children to school. For someone who never drank alcohol due to his medical condition and had obvious problems, counsel would have been his best option. He had decided against it and had paid the price dearly.

It is the duty of your defense attorney to counsel or maintain those actions, proceedings, or defenses only as appear to him as legal or just, except the defense of a person charged with a public offense. It is very righteous and self liberating for anyone to defend their case and make the Government prove their case beyond a reasonable doubt.

Currently, it is estimated that approximately 1/3 of the over 170,000 California DUI Cases every year have very legitimate and authentic scientific and legal issues and defenses. Having a defense lawyer to fight for you and find these defenses is critical to your future and future decisions in court. Each DUI triggers two separate cases that every good DUI Lawyer is well voiced in. The first is the Criminal Court Case and the second being the DMV case involving your driver's license.

Criminal Defense Attorneys Note Oddities in Healthcare Fraud Statistics

2008-08-29T10:53:00.001-07:00

At the start of the new millennium, Americans were spending 1.3 trillion dollars each year on healthcare; anyone with a proper understanding of human nature recognizes that, when that much money is at stake, the unethical among us seek their personal benefit at the cost of those around them. The IRS estimates that between 3 and 10% of healthcare costs may be fraudulent. Even at minimum, that's an absolutely paralyzing $39 billion lost, including over $13 million in Medicare payments-yearly.

Obviously, something should be done. And yet, as so often happens, federal investigators and prosecutors typically rely on a heavy and injudicious hand-rather than a consistent one-when it comes to stanching the flow of money lost to healthcare fraud. The strategy appears to be to make examples of individuals, rather than bring about systemic change, which would be inconvenient and difficult.

Statistical data bears this out. According to government statistics, a mere 466 investigations of healthcare fraud were undertaken between 2005 and 2007, with only 203 cases actually resulting in sentencing. Investigation and prosecution of fraud cases is certainly a complex field, but it seems obvious that a $39 billion dollar problem can't be caused by a mere 50-60 people each year.

The same human nature that leads to healthcare fraud leads investigators and prosecutors to cut corners, attempting to solve a legitimate problem with minimal effort and personal expenditure. The problem lies in the fact that, when the focal point become individual prosecution rather than systemic change, it's entirely possible for the innocent to be greatly inconvenienced, falsely accused, or even wrongfully convicted.

Texas DWI Defense Attorneys Assist Texas Residents in DWI Cases

2008-08-29T10:52:00.000-07:00

2004 saw nearly 100,000 drunk-driving arrests in the state of Texas-basically, one for every 230 Texas residents. Although operating a vehicle while under the influence is certainly a grave offense, everyone deserves legal defense under the law, and no one should pay time or money for a crime they didn't commit.

Although the legal limit in Texas is 0.08 BAC (blood alcohol content), drivers can still be pulled over for DWI even if their BAC falls within the legal limit if their driving appears to be impaired by drugs or alcohol. In the event that you find yourself pulled over for driving while intoxicated, the roadside breath test is voluntary, and it is never in your best interest to submit to a roadside breathalyzer test; if you submitted to the breath test, however, fret not-there are several legitimate defenses that can be used to impugn the results of a roadside breath test.

The same goes for breath, blood, or alcohol tests after booking. Never submit to an alcohol test of any kind until you've spoken with an attorney qualified to mount a DWI defense in the state of Texas.

The most important thing to remember is this: never, ever admit to guilt or discuss the case until you've spoken with a qualified DWI attorney. The primary aim of a DWI defense attorney is to get the charges dropped; if that proves impossible, the secondary goal is to find a way for you to retain your driver's license-your lifeline to gainful employment. Both of these goals can be jeopardized by admitting guilt, submitting to alcohol test, or spending time discussing the charges with arresting or booking officers.

A Brief Introduction to Field Sobriety Tests and DWI Sentencing

2008-08-26T09:00:00.001-07:00

If a police officer suspects a motorist of driving while impaired (DWI) in Texas, they will pull the motorist over and administer certain field sobriety tests. The two standardized tests (meaning that they have been tested for accuracy and compared with other tests) are

· Walk and Turn: The driver will be asked to walk heel-to-toe for nine steps, turn around and walk nine more steps.

· One Leg: The driver is asked to stand with one foot raised at least six inches, then count aloud or recite the alphabet. The test usually lasts for thirty seconds.

Police also use non-standardized tests from time to time. These tests include asking the driver to close their eyes and touch their noise, or to stand with their feet together and look up at the sky. If the driver fails these tests, they will be taken to a police station and asked to submit to a chemical test to determine their blood alcohol content (BAC). The test is usually a breathalyzer, but it can also be a blood test, which is believed to be more accurate. In Texas it is illegal to drive with a BAC of .08 or above.

If the driver has such a BAC, or if they refuse to submit to a test, they will be handed a notification of the suspension of their driver's license. This is the start of the first kind of penalty for DWI: civil sentencing.

Civil Sentences

Having your driver's license suspended or revoked is considered a matter for a civil court. After you receive your notification of suspension, you have 15 days to request a driver's license hearing. If you fail to do so, your license will be automatically suspended forty days after you received notice.

At the hearing, you and a representative for the Department of Public Safety will present arguments to a judge. The plaintiff's job is to prove beyond reasonable doubt that you were driving with an illegal BAC, and that the police officer had due cause to pull your over. If you did not submit to a chemical test, the plaintiff must show that the officer had good reason to believe you were driving while impaired.

If the plaintiff is successful, your license will be suspended. If this is your first DWI, the suspension will last up to 180 days. Suspension for a second DWI can last up to 2 years. Even if you win your civil case, you may still face criminal charges.

What Information Can You Get Doing a Criminal Background Check?

2008-08-26T08:59:00.000-07:00

So many people ask; what exactly is a criminal background check? How do I know when I should do one? Can I find that information somewhere online for nothing?

Perhaps there's someone or many someone's that you'd like to have more information about their past. Maybe something about them you don't trust. Or just perhaps they are your child's teacher; doctor; your tenant; new neighbor. There are so many possibilities and reasons that you want to find out if someone has a criminal record, that there's just too many to list them all.

Many years ago, if someone wanted to search for information on someone's background, they would go to a private investigator. Today, to do a criminal background check, you can co nothing more than go online and get all the information that you need.

I know, after personally speaking with people, that many think that it's a complicated process. In fact, nothing could be easier. If you go onto a search engine such as Google, Yahoo, or many others, and you type in the browser background check company, you will get hundreds of results.

So, how do you find the best companies that do these types of checks? Google them online and see if you can find any reviews of the specific companies. Or, maybe you know someone that has used one of the companies and they can give you a positive referral.

You see, doing a criminal background check can lead you to companies that are scams. And as with everything else, some companies are better than others, even though they may be legitimate. Also, many companies over charge or they have outdated databases.

It's very important that you thoroughly check out every company that you find. Check to see how much they charge, if they guarantee accurate and updated results and if they will refund your money if you do not receive the results you asked for.

We've found that there is one company online that is endorsed by large United States corporations such as Verizon, Sprint, AT&T and many others. This company does a criminal background check in a matter of minutes and guarantees that you will be satisfied with the results.

Don't take the chance with yourself or your family. If you feel that you need to know the background of someone in your life, do it now. It's better to be very safe than to be very sorry.

Where Can I Find Absolutely Free Background Checks Online?

2008-08-26T08:58:00.003-07:00

We all want things to be free, but that is not always possible. You may be aware that there are places online that say that they can get you detailed background reports on anyone, but these come with a fee. However, what you may not know is that there are some things you can do on your own to dig up some types of background information on just about anyone that you know or want to let into your life.

You can look for information that you think to be the most important through a variety of sources, but looking for more on your state's official web sites is a first good step. They may have some free information for you. You can also search someone out by name through the search engines and on social and/or professional networking sites to see what you can learn about someone through their own words.

You can find sex offender information for your community. Not all states have this online, but you will find that most do. Those who have been convicted of a sex offense must register address when they move anywhere. You can find out where such a person lives and why they were incarcerated. This information can help you when you decide which way your child should walk to school and where you want them to play with friends.

What can be interesting about some people is that they commit crimes, and go on to lead very productive lives, and sometimes, these crimes are serious. However, some serve time and come out worse than when they went in, and that person could be your new neighbor. Some states offer free information on prison records. You can see current prisoners, but you can also find some on those that have been released or paroled within a certain amount of years.

Criminal Records Follow You Everywhere

2008-08-26T08:58:00.001-07:00

One of the last things convicted criminals usually think about is whether or not they will have a record when they get out of jail for their crime(s). Sure, they know they will have one, but not many of them think that through to its final conclusion - that everyone with a computer will be able to find that out.

Offenders who are hoping to land a job usually have that one telltale question on the application forms that asks about a criminal record. While it might be seriously tempting to lie and say no, the risks aren't worth it. If the prospective employer runs a criminal record check and finds out you have a checkered past, you've not only lost the chance at that job, but compounded the problem by fibbing about it. Word gets around in small towns. Be honest and see what happens.

If you're a prospective employer and want to run a check on a job applicant you need to know their full name, not just the first and last name, unless it's highly unusual. Searching for Joe Blow will get you hundreds of hits and no further ahead than when you started. Searching for Joe Erasmus Windsor Blow will likely find you a whole passel of information, if there is any to be had.

A social security number is a good thing to have, and it's handy to cross reference the person you're checking. This would be helpful if the applicant said they'd committed car theft as a teenager and you found out instead they were actually convicted of arson within two years of applying for your vacant job. You may not want them working in a hardware store full of flammable chemicals.

Don't rely totally on what you get back on a criminal record search because each county in Ohio keeps their own records and updates them when it suits them. This means if the person you're checking was just arrested and charged for theft within the last two months, you might not find out about it if the county you're searching only updates records quarterly.

If you want to match a name to a face, accessing the Ohio Department of Corrections files will accomplish that. They fingerprint and take pictures of everyone who has been behind bars. Their sex offender's database is also pretty comprehensive. Don't forget to search the Department of Motor Vehicles for driving records, particularly if you are hiring a truck driver or cabbie. You get pictures on these files and a criminal record as well.

If you need to search databases often enough because you hire people on a regular basis, you can actually set up an account and be billed on a monthly basis. It never hurts to check out the people you want to hire for sensitive positions.

The Taxonomy of Homicide

2008-08-26T08:57:00.000-07:00

As a general rule, jurisdictions in the US do not differentiate between homicide cases on the bases of the victim. That is to say, killing your uncle will receive the same charge and penalty as killing a person who is not related to you, all other things being equal. Even though the judicial system does not usually care about this kind of distinction, there are people who do.

For one example, consider criminologists. These are researchers who are interested in the psychology of crime. Are some people more likely to break the law than others? What are people's motivations for the crimes they commit? If we presume that people are born essentially good, then what could cause a criminal mind to develop over time? For people who are interested in these questions, distinguishing between different forms of homicide can provide important insight into the nature of these crimes.

Besides criminologists, some people are interested in the sociology of murder. How is homicide presented in the literature and artwork of different cultures and time periods? Within a certain culture, are some murders considered worse than others? When is murder excusable? For these researchers, dividing homicides into different categories allows them to spot patterns and understand more about the social mores of a given culture.

So what are the different kinds of homicide? So far criminologists and other researchers have identified well over a dozen. Here are a few of the most widely studied kinds:

Parricide. This refers to the killing of one or both of one's own parents, or to a person who commits such a crime. In many cultures throughout history parricide has been considered worse than many other forms of homicide. This is generally based on a belief that parents are to be revered by their children, so hurting them is an especially egregious offense. Interestingly, the term can also refer to the killing of a father figure, such as the leader of one's country.

Regicide. This refers to the killing of a monarch, or the person who does so. In the UK, the term is generally used to refer to monarchs who were executed after receiving a trial, so the term does not necessarily describe a crime. History and literature are both rich with examples of regicide, as absolute monarchies tend to be an unstable system of government.

Avunculicide. This is an interesting term referring to the highly specific crime of killing one's own uncle. Although this is not a common problem in the modern US, there are more example of it in history and literature than you may think. The most famous example is Shakespeare's Hamlet, who plotting to kill his uncle Claudius. Art contains many other examples, from Nabokov to the Lion King.

The Truth About Free Background Checks

2008-08-17T00:43:00.002-07:00

Have you been thinking about doing some background checks? Maybe you have seen free sites advertised online. These services may help guide you in the direction of what you may be looking for, but you will not find the detailed information on the person in question.

Before doing business with others or signing a contract with the people you do not know yet, you want to consider checking their records. These days, there are a lot of people using fake identities or using fake credentials simply to deceive other people or hide their criminal records, unless, you personally check the records of that person.

Nowadays, people rely on new technologies like the computers. They depend too much on the new technologies developed, like the free online background checks. Many websites offer this kind of service. However, these online free search services cannot give you the detailed information that you are looking for. It will only provide you basic information, such as date of birth, address and other few personal data of that person. Do not be satisfied with such partial results when investigating a person's background.

Free background checks can help you find public information but paid services can be much more beneficial. In addition, because of certain privacy laws that differ from state to state, conducting free criminal background checks differs by the law. To get all the facts you need, it is best to go with a paid service or work with a professional from an experienced firm.

Written By: Maella Ayson for Detective Unlimited

Article Source: http://EzineArticles.com/?expert=Maella_Ayson

What is Actually Meant by Forensic Science?

2008-08-17T00:43:00.001-07:00

Forensic science is geared towards resolving crimes. As defined, it is a process where science is used to solve issues of legal in nature. Law officers will apply the scientific principles in order to get the solutions for the matters involved. These days, forensic science is often used in crime scene investigation. And there are forensic technologies that could aid investigators in solving crimes handled.

If you take a closer inspection, there is a long list of where forensic professionals can apply their skills. These forensic people can analyze tangible evidence and put those findings in a written report for those jurors to see. Testimonies in court given by forensic experts are very reliable and trustworthy. Study the list below.

Applicable Fields for Forensic Science Since there are a number of people who only think of forensic as related to becoming a crime scene investigator, hopefully the list below will enlighten you knowledge.

Anthropology - deals with human anatomy and social rapport between humans
Chemistry - deals with the properties of matter and substances
Entomology - deals with bugs
Mathematics - study of finding patterns within crime scenes and gathered evidence
Nursing - involves in assisting crime victims
Odontology - deals with the abnormalities and development of teeths
Reconstruction - process of re-in-acting the crime as it happens to be used as court evidence
Technology - deals with the study of solving crimes by the use of technology
Toxicology - deals with poisons and toxic substances
Latent Print Identification - study of differentiating and identification of finger prints and other prints found in the crime scenes that is useful for court trials

Online Background Checks - Do They Exist?

2008-08-17T00:41:00.000-07:00

You are going to find that getting background checks on just about anyone, yourself included, is harder than it used to be. However, you can find that you are offered some checks through your state and Federal institutions. You may also want to know if you can find some background checks on the Internet. You can, but you should know it depends on where you live and what sources you want to trust.

You can always run your own background checks on someone through some free sources online. That means you can use search engines, news items, along with social and professional networks to see what you can find out about someone. Though you can get some very useful information this way, you are not always going to get the full picture. Those with a past try to hide it when they are online.

You can find some information online through each state. Some states will require that you get paperwork and fees together and place your order through the mail system. Others will allow some types of checks to be run online with the results being displayed right on your computer monitor. You will not know until you go see what you can get. If you are requesting from another state, you are going to have to go by their guidelines, not the ones in your own state.

You are also going to find sites that offer to get your different types of background checks for a fee. You will notice that most will tell you what you can get by state, and then they get it for you if possible. You should think about what they have to offer and which checks are the ones that are really going to suit your purposes. If you are checking to be sure your own are accurate, you want to get as many as you can.

Before you buy anything, you should do some research on online background checks that may be available to you. You can see what you should do and how you should go about getting what you want. Remember, not all records are going to be online.

Neil Douglas likes to write about online investigations. Visit http://freebackgroundchecksusa.com to read more of his work.

Public Records Pro Review - How to Search Public Records on the Internet?

2008-08-10T08:16:00.001-07:00

Do you want to learn how you can search for public records on the internet? Public records about a person can include their birth and death certs, marital records, driving, criminal, real estate, immigration records and many others.

1. What Is Public Records Pro?

These legal documents are created when important events occur during the person's life, and they can be accessed via online public records search sites. A website like Public Records Pro allows anyone to be able to find these records on any person they want.

2. What Is The Difference Between Using Public Records Pro and Government Records Archives?

The main difference is the added convenience that the online search site provides. By simply entering the information of the person that you want to search for, you can quickly find the records of the person you are looking for without having to search through millions of entries in government archives. It also helps to save a lot of time.

Search methods can also vary from state to state and across counties. People who choose not to use the internet to conduct their searches would need to find out how to access information at the county or state that they wish to find the info. They may also need to visit the location physically to find what they want.

3. What Are The Likely Reasons for People to Use Public Records Pro?

There can be 3 main reasons for people to do so. They may be doing it for personal reasons (looking for their family tree), for legal reasons (information needed for court cases), or for professional reasons (background checking and screening of new employees).

Is the Public Records Pro site a scam? Visit http://www.top-review.org/public-records-pro.htm to read a FREE report about this public records search site!

Article Source: http://EzineArticles.com/?expert=Victor_Carr