Why Do You Need A Criminal Attorney

Why Do You Need A Criminal Attorney

Criminal law is the branch of law that deals with people who commit crime. Crime is anything that involves aberrant behavior and violation of social rules and regulations. Crimes and criminals have been there since a very long time. Convictions and punishments are carried out through criminal law.

Crimes can be of broadly divided into two types - misdemeanors and felonies. Misdemeanors are minor crimes (petty theft) that involve light punishments. Felonies are serious crimes (murder, robbery) that involve severe punishments.

People accused of crimes are given certain rights so that they are not treated unjustly. The have the right:

* To get an attorney

* Not to incriminate oneself.

* To a public trial.

* To an appeal.

The punishments and convictions usually have the power to change one's life completely. It is always advised to get a criminal lawyer who is skilled in this field and can handle complex cases. He is the person who can help you as he knows your rights and has expert knowledge in the field.

A skilled criminal attorney can be very helpful for the following reasons.

Comprehensions of legal proceedings - Criminal cases are considered as severe cases and involve serious complications. Hiring an experienced lawyer can ease out the legal procedures. He can help you to understand the twists and turns of your case and simplify things for you.

Extra assistance whenever you need - Severe criminal convicts are imposed with severe penalties. The involved proceedings can be pretty complex and tedious to understand and keep a track of. Your criminal attorney can keep you updated with the progress in your case. Lawyers are always in touch with the court personnel. Such contacts can help in strengthening your case and you will be able to defend yourself properly.

Court representation - Your criminal attorney will be representing you in the court and will do the needful to defend you and minimize the penalty. He is a person who has professional knowledge in this field and knows how to present a case in front of the judge with the help of available witnesses and documents.

Being convicted of a severe criminal charge can leave a black mark in your life and you may not be able to put up with it. It is not desirable to take your future so lightly. If you have been charged with any serious crime, hire a criminal attorney. Phoenix, Arizona citizens can get professional legal assistance at Breger Law.

What Effect Will a DUI Have on My Immigration Status

What Effect Will a DUI Have on My Immigration Status

The two main ramifications of a DUI on anyone who is an alien is deportation or denial of admissibility. An alien is anyone who is not a citizen of the United States and owes political allegiance to some other country. We recommend you consult with an immigration attorney because certain DUI convictions can affect your legal status. Although most DUIs are classified as misdemeanors, the penalties are quite severe. Furthermore, penalties for second or third time offenders are much worse, and if there is an injury involved your DUI could even be classified as a felony.

In some instances a DUI can lead to deportation. The Unites States Citizenship and Naturalization Services (USCIS) may determine that your DUI is a crime involving moral turpitude and or a crime of violence under current immigration laws. A crime involving moral turpitude is grounds for deportation or inadmissibility, denial of adjustment of status, or a finding of bad moral character at a naturalization interview. However, an ordinary DUI conviction by itself is generally not considered a crime involving moral turpitude. With that said, if there are any aggravating factors, such as receiving your DUI while driving on a suspended license, your DUI may be determined to be a crime involving moral turpitude.

You should also be aware that conviction under immigration law is much broader than under regular criminal law. Conviction is defined in immigration law as a formal judgment of guilt, or if adjudication of guilt has been withheld, where:

1. A judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere (no contest) or has admitted sufficient facts to warrant a finding of guilt, and 2. The judge has ordered some form of punishment, penalty, or restrain on the alien's liberty to be imposed.

Therefore, a diversion program where no conviction is entered can still be considered a conviction under immigration law. Each state has different laws with regards to DUIs. Arizona has some of the strictest DUI penalties in the country and that is why it is especially important that you consult with both a criminal and immigration attorney before being convicted of an offense that can permanently affect your immigration status. And please don't attempt to lie about your conviction. Lying about a DUI conviction on a visa application can result in a finding of fraud and misrepresentation which is sufficient cause for inadmissibility into the U.S. Besides, they have your fingerprints and your photograph when you were arrested so it's not likely you're going to get away with it.

Underage Drinking and DUI Laws in Arizona

Underage Drinking and DUI Laws in Arizona

Most people are aware of the general aspects of the driving under the influence (DUI) and driving while intoxicated (DWI) laws. What many people between the ages of 18-20 do not know is that these laws effectively do not apply to them! If you are between the ages of 18 and 20, you should read on to discover what the law says about your right to drive after you've had spirituous liquor.

First off, know that if you are caught with any liquor in your system and you are under the age of 21, you will immediately lose your license for two years. It is irrelevant if the alcohol is in your system due to a religious ceremony or a barbecue. However, in addition to being charged under this statute (ARS 4-244), you will also be charged with whichever section of the DUI/DWI laws apply to your situation.

Since ARS 28-1381(1) provides that you do not need to be over a.08 blood alcohol content (BAC) in order to receive a DUI, this has serious implications. Many adults in this age bracket would not be particularly worried about driving after a minute amount of alcohol had been consumed, regardless of the circumstances (this writer wouldn't presume to judge an adult of any age who consumes alcohol). Since one drink can leave the odor of alcohol on a person's breath, the driver could easily get hit with both statutes when they are in actuality far from impaired.

For this reason it is critical that drivers under the age of 21 do not consume any alcohol before driving. Underage drinking laws notwithstanding, it is in no way an acceptable risk to drive after drinking even one drink in this situation. It is likely that after a person is automatically charged under ARS 4-244, they will be almost guaranteed to be charged with ARS 28-1381(1), and the former charge being used as leverage for the latter in court.

If it is too late, don't despair. An experienced DUI lawyer will be able to look at your case and determine if there is a possibility for a defense or lessening of the charges. In most jurisdictions these days the majority of cases are handled by plea bargain, in response to the massive overcrowding of the legal system. Many DUI attorneys in Phoenix offer free consultations to clients, so you risk nothing by making a phone call.

Third Time Around Felony DUI Penalties in Arizona

Third Time Around - Felony DUI Penalties in Arizona

You feel like you have been here before. You've made few mistakes in the past, and the two previous DUI convictions were challenging to deal with. Once you have been convicted of a first DUI offense, the penalties become increasingly steep. While the law is more lenient toward first time offenders, as your charges accumulate the judges are less and less likely to be forgiving.

In Arizona, while most drunk driving charges are misdemeanors, after your third DUI within seven years, the charge is considered a felony, regardless of the level of your blood alcohol content. The penalties are harsh, including:

Being charged with a class four felony A minimum prison sentence of four months, which could br greater, depending on your individual factors Fines can be levied in excess of several thousand dollars, depending on your violations Revocation of your drivers' license for three years If you receive probation, you will likely have to attend and pay for counseling and treatment sessions After your release, you could be placed on probation for up to five additional years If you are the owner of the car you were driving when you were arrested for drunk driving, the court may seize your vehicle from you

It is important to note that if you have any sort of additional criminal history, other than your previous DUI convictions, some of these penalties may be assessed more harshly, including the imposition of a longer jail term if the court finds appropriate.

If you have been charged with a felony DUI in Arizona, it is imperative to hire an experienced DUI attorney to represent you. A DUI lawyer in Phoenix can explain to you what to expect from the local court system in light of the serious nature of the charges, plan a strategy to fight for your rights, and assist you in obtaining the best possible outcome. Some ways in which an experienced DUI lawyer in Arizona can help include:

Getting inadmissible evidence thrown out Looking for any violation of your constitutional rights Inquiring into the arresting officer's background and experience Questioning whether probable cause for the initial stop existed Asking about the officer's reasonable suspicion that led him to pull you over Finding errors in the blood alcohol testing methods and procedures

By making sure you have someone to help you tell your side of the story, you increase your chances of success and make a positive resolution to your DUI charges. Remember, Arizona has some of the strictest DUI laws on record, so make sure you take the charges seriously and protect your rights.

Prop 203 Does Not Legalize Marijuana in Arizona

Prop 203 Does Not Legalize Marijuana in Arizona

Proposition 203 has been a hotly contested issue this election year. Some opponents cast it in a negative light as legalizing marijuana, while supporters claim it is only for the safe medical consumption of the drug. I'll try below to outline exactly what Prop 203 is all about, what it would allow and what it would not.

Proposition 203 is sort of a "revision bill." California's Senate Bill 420 (Clever, California, Clever) legalized marijuana for use for medical purposes. There has been much criticism of late, however, because of the wording in the senate bill which allowed marijuana to be used for "acute chronic pain." This opened the gateway for medical marijuana cards to be issued to almost anyone, and it has been widely considered to be abused by 97% (according to a new agency) of its' users.

Prop 203 used some of the wording from the CA SB420, but instead shifted it to be far more restrictive. AZ Prop 203 would only allow marijuana for serious debilitating diseases such as cancer and AIDS. In this setting, marijuana would be allowed for purchase on a limited basis (around 70g every two weeks) to prevent trafficking, and would be essentially restricted to a moderate in-home usage amount.

Proposition 203's supporters claim that it will provide a much needed avenue of respite for those who suffer from these kinds of diseases. Marijuana is a "no hangover" drug, unlike prescription pills, and has many therapeutic uses according to some research. Moreover, the specific wording in Prop 203 would prevent the "California" effect and keep marijuana out of the hands of those who would simply use it for recreation.

The opponents to this measure claim that this is just a gateway bill. They say this is the first step to legalizing yet another drug that we don't need in our society today. The bill would allow for 120 dispensaries to be opened around the state, which some claim is unnecessary. Furthermore, they claim that there are already plenty of legal prescription drugs to treat pain and anxiety in patients with debilitating diseases; this is little more than an effort by marijuana users to steamroll acceptance through the legislature

Whichever your stance, Prop 203 is one very specific thing and nothing else. It allows for a small amount of marijuana to be regulated and released to seriously sick people. It does not allow for personal use by recreational pot smokers, and does not decriminalize possession by those not specifically allowed by the bill.

If you've been arrested for marijuana possession, contact a criminal attorney today. A criminal lawyer can look at your case and determine if a compromise can be met due to the circumstances. Many marijuana possession cases are simple to resolve, as long as you have an experienced litigator on your side.

Motorcycle Accidents Carry More Severe Injuries

Motorcycle Accidents Carry More Severe Injuries

Motor accidents results in much serious damage and injuries compared to car accidents. Some car accidents can be considered as minor such as having only small dents or even no casualties in terms of the condition of the drivers. As with anywhere in the world, when it comes to motorcycle accidents, there is no such thing as minor. The reason behind this is that there is less protection when riding a motorcycle vehicle as compared to driving a car. The only protection of a motorcycle driver is his helmet, if he remembered to wear one that is.

For people who are used to driving motorcycles, extra caution is necessary. In order to convince you how severe the accidents are here are some statistics and facts concerning motorcycle accidents. It will open your eyes so that the next time you decide to drive or even hitch a ride on two wheels instead of four, you will take extra precaution.

Did you know that the number of motorcycle related accidents in the United States of America is constantly increasing year after year? It is estimated that deaths caused by motorcycle vehicles is thirty times as great compared to those who drive an automobile. If you are under forty years old, you are 30 times more likely to be involved in a motorcycle fatality than any other driver of the same age as you are. For those 40 and above, they are 20 times more likely to be involved in a motorcycle fatality.

It is alarming to know that motorcycles make up only two percent of the registered vehicles in the entire US and yet it makes up for 5% of all highway deaths. If you are in a motorcycle accident, there is an 80% chance that the crash will be fatal and only 20% chance of survival. These are serious statistics that everyone should be aware of. It does not scare or hinder anyone from riding their two wheel drives but it should serve as a red light, a great warning, so extra care in driving would be kept in mind.

In most accidents, 98% of the time, the weather is not the cause. So do not go blaming the rain or the snow for your injuries. Motorcycle drivers, 92% of the time, are not professionally trained, unlike those who are driving automobiles. If you have undergone rider safety training, then there will be less chance of accident. It is important to note that during an incoming crash, the motorcycle driver only has 2 seconds to react to the situation. What he does next could spell life or death for him.

Homicides What Do Criminal Attorneys Say

Homicides What Do Criminal Attorneys Say

With the increase in the number of criminal murders in all major cities of the world, it is essential that we acquaint ourselves with the legal aspects of such cases. How many of us are familiar with the term homicide and the different types of homicides as recognized by the governments all across the United States? Let us take a quick look at the entire chapter of facts that this one word 'homicide' covers.

Firstly, most of the murders that we come across in daily news are legally termed as homicides. Theoretically, 'homicide' means the killing of one person due to another person or human. Practically, it means the killing of one person by the act or negligence of another person. Homicides are not always criminal in nature as there are many killings that occur in self defense.

For homicide to be criminal, the person who commits the act must have intentionally, knowingly, recklessly, or negligently caused the death of another person. In order to have a clear idea of the different types of homicides that most state laws recognize it is important to acquaint oneself with the classification of homicides involving the most complex grading system used in any area of criminal law.

According to this unique classification, lower the degree of homicide, the higher is the level of punishment. The different degrees are discussed in the list below.

First degree homicide or murder: It is the calculated act of killing a person undertaken with malice aforethought. Most of criminal murders fall in this category. Many times certain aggravating factors are detected in these cases which earn higher levels of punishment. Such factors are killing of a police man or child, multiple homicides and more. First degree homicide is considered a capital offence in most states and the convicted is punishable with death penalty or life in prison without parole. Second degree homicide or murder: Criminal murders deemed less severe than first degree murder fall in this category. The distinction between first degree and second degree is made by state and circumstances during the time of killing and depends on the prosecutor's discretion mainly. In general, any killing committed with malice without any premeditation or deliberation would be considered in this category. Manslaughter or Third Degree homicide: This is considered a less severe crime as it is caused without any deliberation and is mostly found in cases of careless or reckless use of a vehicle, firearm, animals, medicine and the like.

The many details of criminal laws governing homicides are best dealt with experienced criminal attorneys. Phoenix has the unique privilege of availing the services of The Law Offices Of Kevin Breger, PLLC, who have maintained excellent track records in handling criminal cases of all types in the area. You can take the help of their expert set of criminal attorneys by making a call at the number provided at their website.