Category Archives: Law

What To Do If You Are Charged With DUI?

In every state, it is considered a crime to operate a vehicle while impaired by the effects of alcohol or drugs. The specific offense is frequently called driving under the influence (DUI) or driving while intoxicated (DWI). DUI laws make it a crime to operate a car, motorcycle, truck, or vehicle if the driver is intoxicated above the level that is established by DUI standards.

A police officer can make a vehicle stop if the driver is suspected to be intoxicated. A field sobriety test will be conducted on the driver or some form of chemical test for intoxication may be administered upon his consent.

During the field sobriety test, the police officer may ask the driver to perform a number of tasks so that his impairment can be assessed. The driver may be asked to walk a straight line or recite the alphabet backward. The officer may also use the eye and penlight test to determine the driver’s blood alcohol concentration. However, the test is notorious for being administered incorrectly by police officers.

A Breathalyzer is used to measure a person’s blood alcohol concentration but drivers have to give their consent to this form of DUI testing. If the driver refuses to submit to testing, implied consent laws carry penalties like mandatory suspension of the driver’s license from 6 months to a year. License sanctions for refusing testing are harsher than those imposed after a failed DUI test.

All states have DUI laws that deem “per se intoxicated” any driver that has a blood alcohol concentration that is above the set limit of .08. In the eyes of the law, a driver is intoxicated when the blood alcohol concentration is .08 and above and does not require any further proof of driving impairment.  States also have the “zero tolerance” law for drivers under the legal drinking age.

If you have been charged with DUI, your best option is to call MyDefence for the necessary assistance to obtain a much better outcome for your case. It can be a reduced charge, probation instead of jail time and a solid defence that can result in dropped charges or a not guilty verdict.

Published by:

What To Expect During Arraignment?

People who have been arrested for a crime particularly those who have not posted a bail or released based on their own recognizance will want to know when they are going to appear in court. Defendants are naturally interested to know the charges they have to face, when they can be released from custody and when they will make the first appearance.

In many states, first appearance is also called arraignment or initial appearance. Regardless of how it is called or described, arraignment prohibits law enforcement agencies from confining a suspect indefinitely without the judge’s oversight. If the court finds that there is no probable cause that the defendant has committed a crime, the defendant’s release will be ordered.

The time of initial appearance varies from jurisdiction to jurisdiction. The fact is rules of arraignment and initial appearances differ among cities, counties and states. Some state laws specify how soon a suspect is required to appear to court but others are vague about “unnecessary delay” after an arrest.

In both state and federal courts, arraignment is usually the point when the court advises the defendant of the charges and his rights under the constitution particularly the right to legal counsel. The court will ask the defendant whether he has plans to hire a criminal defence lawyer or if he plans to use a public defender once he is eligible.

The court will take the defendant’s plea and determine whether he can post a bail, the amount of bail or whether he can be released based on his own recognizance. Conditions will be established by the court for the defendant’s release pending the resolution of existing cases like travel restrictions or a ban to contact the alleged victim. The court will also set the dates for further proceedings like the date when the parties have to report back for plea negotiations or the preliminary hearing.

The best option when you are accused and arrested for a crime is to call Donich Law immediately. An experienced criminal defence lawyer can get you out of jail as soon as possible. He will guide you through the court process and provide the necessary advice on the applicable laws.

Published by:

The Growing Trend Of Shoplifting To Survive

Many people are not aware that even if a shoplifting charge is dropped or diverted, disclosure will be required on a Canadian immigration application. If a shoplifting case is not handled properly, the applicant can lose his credibility. Donich Law helps resolve shoplifting charges without a criminal conviction to protect their client’s future.

Early in the pandemic, Joo Park has noticed a concerning change in the market that he manages in downtown Washington. At least once a day, someone would be slipping a package of meat, a bag of rice or food item inside the shirt or jacket. Large amounts of diapers, shampoos and laundry detergent would disappear from the store shelves.

Shoplifting has more than doubled at the Capital Supermarket even if employees have been stationed at entrances. Shoppers were instructed to leave their backpacks up front while high-theft items like hand sanitizers and baking yeasts were displayed in more conspicuous places. Park seldom calls the police because people are hungry due to high unemployment rates and economic uncertainty.

People are stealing food to survive since the pandemic begun. What is being taken are usually staples like bread, pasta and baby formula. Shoplifting is a low-impact crime because people are stealing consumables and items for babies and children not TV’s or high value stuff. The crime is more pronounced in areas with high joblessness.

Jean from Maryland did not qualify for unemployment benefits and was denied food stamps. With no stimulus aid and all her savings gone, Jean begun to sneak food into her son’s stroller while shopping at the local Walmart. She would take stuff like ground beef, rice and potatoes but would pay for smaller items like M&M’s. She knew that shoplifting is wrong and she might get into trouble but she hopes that God will understand.

While Donich Law does not condone shoplifting, it understands that many people are falsely accused of committing the crime. In some instances, the store security has simply made an honest mistake. Clients seek the services of a criminal defence lawyer after being held for hours by store security or physically mistreated by undercover operatives.

Published by:

Year Of The Pig Predictions On The Property Market

Divorce is not just a simple act of separating; a contract with life consequences must be broken. Even if the divorce is uncontested, it is still important to hire divorce solicitors in Melbourne to help through the process. There must be an agreement on which spouse keeps the assets, who pays the liabilities and who will have custody over the children.

Divorce has legal consequences. It is not enough to simply say that this property goes to the spouse. For example, if there is real estate, the transfer must be legal and needs to go through the proper channels. A lawyer is the best person to provide advice on how properties can be divided to minimize tax consequences.

In case you are interested in the property market, the Year of the Pig will reward property experts who are willing to get their hands dirty. The pig is a symbol of good fortune in the Chinese culture but it also means hard work without any expectations of returns. According to Ming Xu, director of Biggin & Scott Glen Waverly, those with a relaxed view can find a fortune in the property market.

A prediction for first-home buyers who are serious about breaking into the market is to start thinking about renting an apartment that looks a bit like a pig pen because it could potentially be the ticket to good fortune. Make sure though that it has a good structure which could be renovated after saving money at purchase. Invest a little more hard work to make more money when you sell it in the future.

Those who opt to spend their Saturday mornings at auctions and inspecting houses, there is a very good chance of spotting a property when the market turns a corner. This will provide a head start once the market rises again.

If you are going to file for a divorce, your best option is to obtain independent legal advice that can be provided by divorce solicitors in Melbourne who have extensive experience in family law in Australia. Divorce laws may vary from country to country and it is for your best interests to get the services of a lawyer who understands divorce laws in Australia.

Published by: