Tuesday, December 28, 2010

Tarrant County Pre-Trial Release ( Waste of Taxpayer's Money )

Read This ! The Tarrant County Pre-Trial Release program costs the Tarrant County Taxpayers over $900000 a year to operate. Why give special treatment to people who break the law ? I could understand if it was a first time offender, but child molesters, rapists, big time drug dealers, and anyone else they feel like letting out of jail. Why even arrest them if these judges are just going to let them out for next to nothing ? The Tarrant County Pretrial Service charges 20 dollars or 3 percent,whichever is greater. How does that teach anyone a lesson about breaking the law. When they bond out through pre-trial release then miss their court date, no one is liable for them, so there is no rush trying to rearrest these people. They don't keep track of where these people are at while on bond with pre-trial release. This is a very costly program for taxpayers, when there are over 100 bail bondsmen and attorneys that can get these people out of jail without having to use the taxpayer's money. Unbelievable that your tax dollars go directly towards the release of criminals that have committed crimes against you. Someone can rob the business that you own, burglarize your house, or molest your child and you, the Tarrant county taxpayer, are the one paying for their release.



http://www.youtube.com/watch?v=c2Va82gJAQ4&hl=en

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Tuesday, December 21, 2010

St Louis Family Law Attorney Personal Injury Lawyer Missouri

www.themarkslawfirm.com The Marks Law Firm, LLC in St. Louis, Missouri handles family law, criminal defense and personal injury cases. Contact the firm for representation at 314.993.6300



http://www.youtube.com/watch?v=0auGj-wZREE&hl=en

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Friday, December 3, 2010

Legal Standards for Probation Defense

Unlike an initial offense, the process of dealing with a probation violation uses a different series of legal standards. When a person is first charged with a crime, there are several legal protections provided to each person who goes through the United States criminal justice system, many provided either explicitly or implicitly in the Constitution. However, as probation is generally considered a lighter treatment when prison sentencing is the primary option, an individual may not find these same standards applied after the initial conviction.

When a person first stands trial for their crimes, there is a basic legal principle known as the presumption of innocence that regards all those facing criminal allegations as being innocent unless the accusers can prove guilt. However, if brought before a judge following a probation violation, a person loses this fundamental criminal right, as they have already been proven of their previous crimes. Instead, probation trials often include what is known as a presumption of guilt in which the offender must prove their innocence.

The trial for probation offenses is often referred to as an order to show cause, which is ultimately a trial in which the defendant must explain how they could not have committed the violation in question, or, at least, argue a valid reason for violating the terms of their probation. Considering that many probation trials are held either because of a secondary offense committed by an individual on probation or a failure to appropriately meet with a probation officer, this court order often hinges on the ability to present an alibi that can be corroborated through evidence or reliable witnesses.

In sentencing, there are several similarities to repeat offenders in a regular criminal trial. Previous offenses, the nature of the original offense, and the circumstances of the newest violation are all taken into consideration in sentencing. To learn more about the differences in process that occur in probation trials, contact a criminal lawyer.




If you have been charged with an offense that could complicate the terms of your probation, contact the Houston criminal attorneys of Johnson, Johnson & Baer, P.C. today.

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Monday, November 29, 2010

Ordeal by Innocence - 2 of 10

**WATCH IN HD!!** Richard plays Philip Durrant in this episode of Miss Marple TV dramas. Enjoy it! Comments are welcome!!!!! ;-D ________________________________ A former RAF pilot, currently paralitic due to polio, is suspect of the crime of his mother-in-law. The rest of the family and also the housekeeper are suspect. But only one is the real criminal... Cast: Miss Marple - Geraldine McEwan Gwenda - Juliet Stevenson Leo Argyle - Denis Lawson Kirsten Lindstrom - Alison Steadman Philip Durrant - Richard Armitage Hester Argyle - Stephanie Leonidas Mary Durrant - Lisa Stansfield Jacko Argyle - Burn Gorman Rachel Argyle - Jane Seymour Bobby Argyle - Tom Riley Inspector Huish - Reece Shearsmith Dr Arthur Calgary - Julian Rhind Tutt Micky Argyle - Bryan Dick Tina Argyle - Gugu Mbatha-Raw Maureen - Andrea Lowe John Croker - Michael Feast Mrs. Price - Pippa Haywood Cyril Price - James Hurran Mrs. Lindsay - Camille Coduri No copyright infringement intended. Clips are property of their rightful owners. ****************************** IMPORTANT NOTICE YouTube has invited me to earn money with some vids that are pretty popular. I have (obviously!) declined the offer. Please note I am uploading these vids purely for your entertainment and their marketing. Please do not get these vids and upload them in other places. I own the DVDs of these series. Please buy them yourself. You will get higher quality and all the extras :-) Thanks!



http://www.youtube.com/watch?v=Ya3A7S_KjVA&hl=en

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Wednesday, November 24, 2010

Anonymous Message To Scientology - July 26th

Hello Scientology. You know exactly who we are. Over the past six months we've been your PR nightmare, your legion of SPs, the giant unmoveable thorn in your side. You thought we would get bored and move away... go back to our precious tubular Internets. But no... you were wrong. Because you thought you could govern our domain... because you were stupid enough to think that the general public would see the Tom Cruise video and even come close to considering joining your despicable organisation... we are still here. It seems that since our monthly worldwide protests commenced, there's been a surge in reports against you. Coincidence? Reporters and news stations seem to be coming out with anti-Scientology reports about you on a basis so frequent that not even your army of lawyers can counteract it. Face it... any news story about Scientology is bad PR for your business. Not a single news team has anything good to say about you... for there is nothing good to say in the first place. Oh! By the way... how are your booksales going? Well, we trust? We can understand that when your source of income is on the decline, a business must take risks and drastic measures... drastic like... bribing the city of London Police to summon a 15 year old to court over a naughty word? Drastic like... charging a crippled man in Plymoth for assault? Drastic like... posing as Anonymous and handing out fake flyers? Flyers that contain fabrications, dramatised misinterpretations and slanderous ...



http://www.youtube.com/watch?v=P5oS7FKcTDE&hl=en

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Tuesday, November 16, 2010

The Importance Of Getting Smart Criminal Defense Lawyers In Los Angeles

When you talk to a client, let them know straight out that you can't guarantee you could win their case. What you can guarantee though is you will do your very best to help them escape this mess.

The advantage of being a fellow member of a criminal defense lawyer association is that anyone who wants to seek your expertise will no longer challenge your ability as a lawyer because you have previously verified yourself among your colleagues.

However how will you select your very own criminal lawyer? For that, you need to find someone who specializes in this field. If you don't know any, consult your family or friends for assistance. Additionally, they do their share in protecting and defining the constitution, improving the management of justice and advertising public awareness of the purpose and duties of criminal defense lawyers.

The criminal defense lawyer association through its associates also lobbies and acquires information about new legislation since these impacts their practice anytime they need to assist a client in open court. Each state features its own criminal defense lawyer organization. This organization sees to it that any individual who is accused of a crime is offered fair representation in a court of law.

A technique they are doing is by giving legal services to people who cannot afford to employ a top notch lawyer. Many call them public defenders who will do their full capacity to protect your privileges.
If you find the rate affordable and feel at ease conversing with this person, then go for it retain the services of this individual to be your very own attorney.

Execute a background check for the criminal defense lawyer. Determine if they belong to any legal organizations just like the County or State Bar Associations. If the person is really a member of the National Association of Lawyers, then you are actually in excellent hands.

Apart from supplying their services to clients, they likewise have other pursuits such as performing seminars for its members, increasing money and supplying scholarships. Each organization is governed by a board which plans the events for the year that includes publishing newsletters, official and casual networking and continuous legal education.

Now talk about your case and stick to whatever instructions are made. This individual must be able to show you how issues will go and what they will do. Aside from state criminal lawyer organizations, there is a bigger one called the National Lawyer Association. The things they're doing here is not that different from the things they're doing within the state level. The advantage of being a member of a criminal defense lawyer association is that anyone who wants to look for your services will not challenge your capacity as a lawyer because you have previously proven yourself among your colleagues.

So what should you do if you have a legal problem and have no notion on who to call? The best thing to do will be to get the number of the criminal defense lawyer association in your state to get the name of an attorney who may help you out.




Los Angeles criminal defense attorney from Rollins Law Group responds to every client's case for trial, rather than rushing to accept a plea bargain. A Criminal defense attorney is very important because they are accustomed to taking on some of the most difficult and challenging cases, and with that they have achieved remarkable results.

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Friday, October 8, 2010

Criminal Law - Degrees of Murder

Chances are, if someone is suspected of killing someone else and there is enough evidence, that person is going to be charged with murder. But what exactly does that mean?

At common law, murder was defined as the unlawful killing of another human being with intent or malice aforethought. Malice aforethought can be a difficult concept to wrap your head around, but generally falls within one of several categories (i.e. intent to kill, intent to inflict grievous bodily harm, reckless indifference to an unjustifiably high risk to human life or "abandoned and malignant heart," or intent to commit a dangerous felony or "felony murder").

But it is important to note that modern law defines murder in several different forms, or degrees. Additionally, different states define these degrees in different ways.

First degree murder is most akin to common law murder. Generally, it is also the most serious degree of murder. Usually, first degree murder is defined as the deliberate and premeditated killing of another human being with malice. Deliberate essentially means that the murderer deliberately intended to kill the other person. Premeditated refers to the murderer actually thinking about the killing prior to its occurrence. Malice is to commit the act without just cause or legal excuse. Acting in self defense, or in defense of another person, is an example of just cause or legal excuse. For example, two friends are playing basketball and one friend dunks on the other. After the game, the "dunkee" goes home, grabs his gun, and leaves his home searching for the "dunker." Eventually, the "dunkee" finds the "dunker" and shoots him. This will most likely be considered first degree murder.

Second-degree murder is killing another with malice. Therefore, second degree murder usually refers to committing the act without just cause or legal excuse. It does not require deliberation or premeditation. That is to say this means intentionally killing someone without planning in advance. Continuing the example above, if the "dunkee" in a fit of rage immediately after being dunked on, pulls a gun from his shorts and shoots the "dunker," this may be considered second degree murder.

Felony murder, while mentioned above, adds a whole new twist. Felony murder, as the name implies, occurs during the course of the commission of a felony. Often times, even a death that is an accident, will be considered felony murder if it happens while a felony is being committed. For example, if someone is robbing a bank and a customer of the bank has a heart attack and dies, that will usually be considered felony murder. Felony murder usually carries an enhanced sentence.

Manslaughter, while often mistaken as a form of murder, is a killing that carries a lesser degree of culpability than murder.

So there you have it - degrees of murder in a nutshell.




If you're in need of a Maryland criminal attorney or Virginia criminal attorney, look no further.

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Saturday, October 2, 2010

CBS News (02/09) -Corrupt Penn. Judges Admit Jailing Kids For Cash Kickback Scheme

Two Pennsylvania judges have been indicted and have pleaded guilty to federal charges stemming from a scheme where they received cash kickbacks in exchange for sending youthful offenders--some of them 1st-timers--to privately run prisons. It would appear that in a capitalist system, everyone has his/her price. It kind of makes cynicism hard to repute.



http://www.youtube.com/watch?v=3qMnbZ7BKCU&hl=en

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Tuesday, September 14, 2010

The Basics of Having a Criminal Record Sealed

Being convicted of a crime has very serious consequences and can take a toll on your reputation, family life, and future career opportunities. Life after a conviction can be difficult and many people may struggle to find work if background checks are a part of a potential employer's hiring process. In order to have the details of your criminal record protected from the eyes of employers, landlords and the general public, you need to have your record sealed. The first step in this process is deferred adjudication.

Deferred Adjudication

If you've been convicted of a crime, you may have the option of deferred adjudication. Deferred adjudication does not imply that you have been found guilty. In fact, deferred adjudication is not a final conviction at all, rather, a plea bargain between you and a Texas Court of Law. To receive deferred adjudication, you must plea either guilty or no contest. It is important to realize, however, that deferred adjudication does not dismiss any charges and does not prevent your charge from appearing on your criminal record.

Non-Disclosure

After you successfully complete your deferred adjudication assignment and a probation period, you are eligible to petition for an order of non-disclosure. Non-disclosure works to prevent law enforcement officials from releasing your criminal record to the general public. It also allows you to completely deny any occurrence of criminal activity if asked.

Non-disclosure prevents your record from being seen by the general public, however, law enforcement agencies will still have access to your information. Certain state agencies may also still access your record for professions that may require a license. You should also be aware that although your record has been sealed, the information found in your criminal record can be used against you in any future criminal proceedings.

Waiting Periods for Non-Disclosure Orders

Although you may be eager to have your criminal record sealed, there is a waiting period for orders of non-disclosure. If you have been charged with a felony, your wait period will be 5 years. Individuals charged with misdemeanors are normally allowed to file a petition for non-disclosure as soon as their deferred adjudication period ends; however, there are certain misdemeanors that require an individual to wait 2 years.

Contact a Lawyer

If you have been convicted of a crime and are interested in having your criminal record sealed, contact a skilled non-disclosure lawyer [http://dallasexpungementlawyer.com/contact_expungement_lawyer_dallas.aspx] today. A licensed attorney will be able to evaluate your situation and provide you with the legal counsel needed to navigate the complicated legal system.




Joseph Devine

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Tuesday, August 17, 2010

About Criminal Laws- The Penal Laws

Criminal laws are also called penal laws. Criminal law is the body of statutory and common law dealing with crime and the legal punishment of legal offenses based on the four theories of criminal justice system, namely, punishment, deterrence, incapacitation and rehabilitation. All this imposition of sanctions about the crime is to achieve justice and a peaceable social order.

The objective of criminal law is to exert social control. It aims at discouraging behavior that is detrimental to the well being of the society as well as behavior that challenge the government's authority and legitimacy.

The criminal laws and punishments are so set up that they act as deterrents and help in restraining behavior of the people. With criminal laws handling the setting up of procedures for punishing offenders the state and not the victim (who may be seeking vengeance) hands down the punishment.

The criminal charges are filed and the criminal proceedings take place in a series of stages. It is the police who respond and take action to any citizen's complaint lodged. The police may also feel suspicious and in such case they investigate, take down statements from various important witnesses and based on the findings make ready a report. They can arrest people during the course of the investigation. They may alternatively (as is usually the case) complete the report and submit it to the prosecutor's office for evaluation. It will be the prosecutor who will be deciding whether or not criminal charges will be filed against any suspect named in the police report. The procedures for filing charges, however, vary among jurisdictions.

There are some jurisdictions that give greater discretionary powers to the police in charging defendants with specific crimes while others are there that provide greater powers in this regard to the prosecutor. After being stopped by the police the person concerned i.e. the defendant may be ticketed for a 'civil infraction' or may be ticketed or arrested for a 'misdemeanor' or perhaps even be arrested for a 'felony'. It can be that the police may be arresting a person while alongside recommending a specific charge, yet, criminal charges are usually chosen solely by the prosecutor's office

The process of criminal justice begins with an alleged crime. The police investigate upon the allegation that the complainant makes. The police, in this case, act as the agent of the government. A complaint or an indictment- a formal charging document as brought by the grand jury is filed with a court in the appropriate jurisdiction.

A prosecuting attorney represents the interests of the state. The interests of the defendant are represented by the defense attorney or by the defendant pro se i.e. the defendant acting as his/her own attorney. The process culminates with a jury trial regardless of local laws that may be followed by mandatory or discretionary appeals to higher courts. The criminal lawyer makes you aware of your rights with the police, your rights in the courtroom and your rights upon conviction.




Somdev Mukherjee is a Kolkata (India) based writer of articles, short stories, poems and web content related to finance, mortgage, debt consolidation, insurance, laws and other topics of interest. Somdev is presently associated with http://www.0001articleworld.com, http://www.jmcgarments.com and [http://www.nathinfosolutions.com] as a content developer and manager.

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Tuesday, July 27, 2010

Criminal Intent - Walk 500 Miles

If they take away the audio again: Go to criminalintentmusings.blogspot.com to see the video! Well now you know my dirty little secret! I had such a blast making this, you just can't imagine! This vid is for Magra -- with thanks for her Inspiration, Enthusiasm and Friendship! You go girl! No copyright infringement intended -- just sharing fun! I'm Gonna Be (500 Miles) When I wake up, well I know I'm gonna be I'm gonna be the man who wakes up next to you When I go out, yeah I know I'm gonna be I'm gonna be the man who goes along with you If I get drunk, well I know I'm gonna be I'm gonna be the man who gets drunk next to you And if I haver, yeah I know I'm gonna be I'm gonna be the man who's havering to you But I would walk 500 miles And I would walk 500 more Just to be the man who walked 1000 miles To fall down at your door When I'm working, yes I know I'm gonna be I'm gonna be the man who's working hard for you And when the money, comes in for the work I do I'll pass almost every penny on to you When I come home (when I come home), oh I know I'm gonna be I'm gonna be the man who comes back home to you And if I grow old, well I know I'm gonna be I'm gonna be the man who's growing old with you But I would walk 500 miles And I would walk 500 more Just to be the man who walked 1000 miles To fall down at your door Da da lat da (Da da lat da) Da da lat da (Da da lat da) ...etc. When I'm lonely, well I know I'm gonna be I'm gonna be the man who's lonely without you When I'm ...



http://www.youtube.com/watch?v=AxWzDyTHegA&hl=en

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Saturday, July 17, 2010

Wrongful Death and American Law

Wrongful death is an interesting concept in modern American law. If one person causes the death of another through negligence, direct action, or inaction, they can be held responsible in civil and criminal courts of law. These claims can arise from a number of different circumstances, such as through a car accident, a defective or dangerous product, careless use of firearms, serving contaminated food, or countless other shocks flesh is heir to.

The need for wrongful death laws arose because obviously there would be no way for a dead person to take legal action against the entity that caused their demise, so courts established a way for those that were deprived of the person's life to collect compensation for their loss. This legal precedent has enabled countless families and relatives to use the tort system to pursue justice for their dead loved ones, and establish a system of compensation due to their pain and suffering and economic losses.

One interesting part of wrongful death law in the United States is that while a person may be prosecuted in the criminal justice system for murder, manslaughter or other criminally negligent homicide, they may still also be taken to civil court by the relatives of the dead person. Although the Fifth Amendment to the Constitution expressly forbids double jeopardy, that is a person cannot be tried for the same crime twice, the accused person can be tried separately under civil and criminal laws.

One important example of this type of case was illustrated during the O.J. Simpson case of the last century. While Mr. Simpson was cleared of any criminal responsibility for the deaths of his ex-wife and another party, a civil suit was brought against him and ultimately won by the families of the victims. While he escaped any jail time as would have been a penalty under the criminal system, Mr. Simpson was found guilty of the wrong deaths of the victims, and a substantial monetary settlement was awarded to their families.

Furthermore, wrongful death claims are usually the only way for families of victims killed by corporations to seek damages and compensation. The nature of the complaint, be it criminal or civil, depends greatly on the nature of the death, how it was caused, and the ultimate responsibility of the entity involved, many people that have had loved ones killed due to defective automobiles, household products, or poorly designed medical devices have a pathway to ultimate vindication and justice for the memory of the ones they lost.




Understanding your rights in a wrongful death lawsuit can help get you through this undoubtedly difficult situation and move forward. Bryan Snyder understands the plight and heartbreak of family members left to deal with the reality of an unexpected loss of a loved one due to another's negligent act. His work as a personal injury attorney in San Diego is to protect the rights of his clients to secure a just verdict in their case, knowing all the while, no amount of settlement or verdict can ever replace the value of a lost family member.

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Tuesday, July 6, 2010

Crisis and Command with John Yoo

John Yoo is a Professor of Law at the University of California at Berkley and a visiting scholar at the American Enterprise Institute. From 2001 to 2003 he served as Deputy Assistant Attorney General in the Office of Legal Council in the Justice Department of President George W. Bush. Professor Yoo is the author of a number of books, most recently of Crisis and Command: A History of Executive Power, From George Washington to George W. Bush.



http://www.youtube.com/watch?v=Deh05-KtKqw&hl=en

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Monday, June 21, 2010

TrafficTickets-Myths.avi

I am a Las Vegas lawyer who fixes Las Vegas Traffic Citations. I work in Las Vegas, North Las Vegas, Henderson, and Boulder City. This video gives guidance on Las Vegas Traffic Tickets. For further information please go to www.TheSincitylawyer.com or call my office at 1-877-778-0871



http://www.youtube.com/watch?v=h4slH0zzf-0&hl=en

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Thursday, June 17, 2010

Jamaican Shower Posse, Crips, 5PGz Raided in Toronto (Follow-Up)

Familiar faces appear in gangs sweep Critics claim gangs are unaffected by big busts The 1000 police officers who executed 105 search warrants during the latest gang offensive seized drugs, 10 guns, and arrested more than 70 people — among them some familiar faces. Several young men charged as part of Project Corral are alumni of previous Toronto police gang sweeps, including a purported leader nabbed just three years ago. During the course of the investigation, police identified ------ Twinky ---- — arrested during Project XXX in 2006 — as a source of firearms for two of the three gangs targeted this week: Five Point Generals (5PG) and Falstaff Crips, both based in northwest Toronto. Bail hearings began Wednesday. Acquitted of murder in 2003, Willis was arrested on Feb. 27 in Santo Domingo, Dominican Republic, along with two other Canadians for his alleged role in a scheme to import 72 kilograms of cocaine into Canada. Described by police as the brains behind the Jamestown Crips, ----, 30, sports two tear drop tattoos under his left eye and the words the world is mine on his upper right arm. This week police laid new charges against him including instruct for a criminal organization and firearms offences. Project Corral is the seventh major street gang crackdown in Canadas largest city in as many years. Critics say the reappearance of some of those arrested in previous investigations underscores a reality: it costs millions and millions of dollars to make mass arrests ...



http://www.youtube.com/watch?v=LYYSGB6d2jk&hl=en

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Wednesday, June 2, 2010

Car Theft Defense Lawyer in Phoenix, Arizona

The Baker Law Firm, LLC www.bakerlaw-az.com Theft crimes are serious charges. At The Baker Law Firm, we understand the fear and anxiety that defendants face when confronting the criminal justice system. Your freedom is at stake and we understand the ramifications of a criminal conviction in today's society. As an experienced theft crimes defense attorney, Mr. Baker is a former public defender who has successfully defended hundreds of clients charged with a variety of theft crimes. He will provide you with an uncompromising criminal defense and protect your constitutional rights, including search and seizure issues, Miranda issues, and evidentiary matters. He has a reputation as a tough criminal defense attorney who holds prosecutors to their burden of proof. For more information about theft crime offenses under Arizona law, the criminal process, or to discuss your criminal charges with an experienced theft crime defense attorney, please call us! The Baker Law Firm, LLC 702 E. Coronado Phoenix, AZ 85006 Phone: 602-889-6901



http://www.youtube.com/watch?v=OxEEa97e36g&hl=en

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Friday, April 2, 2010

Could Someone Find the Fourth Amendment it Ran Away With a Tennessee DUI and Drug Search

Without getting into lengthy case law discussions, it is safe to say that the Fourth Amendment to the Constitution of the United States is lost, either it ran away on it's own, or somebody took it, I don't think it ran away. Ok so where did it go, and really what was it anyway? Most people say to me, "they invaded my right to privacy" ok well if we want to be technical about this, some would say a literal interpretation of the Constitution, then there really is no right to privacy, you will not find that in Constititution. It is a right derived from the Fourth Amendment, but not really mentioned.

Ok so the right to privacy is old, right? No, it was born out of a case decided only a few decades ago. We started with a right to privacy, and since that time have continued to erode it. I have said before, it is generally understood that you have a lesser expectation of privacy in your car, so Tennessee DUI, Tennessee Drug searches of your car have less Constitutional protections for you, Why is that? The Supreme Court of the United States has said it is a balancing test between freedom from unreasonable searches, (IE privacy) and public safety. From this the gate swung open the erosion of the Fourth Amendment.

So your driving down I-24 in Tennessee heading to Chattanooga, you are pulled over by a White GMC Blazer type vehicle, and an officer approaches your car, he tells you that you have violated a traffic law in some way, maybe a Tennessee DUI violation or maybe tail light out, but then he asks you, Can I search your car? What does a traffic stop have to do with him searching your car? If your not intoxicated and their is no DUI charge, or you do have a tail light out and agree to ticket, and get it fixed, why should that be a reason to ask to search your car?

The Supreme Court of the United States has said that pre-textual stops are ok, ie if you break a traffic law it is ok for the police to stop you, even though their real intent is to ask you about drugs. Should the police officer inform you that you have the right to say no to the search? If we protect the 5th Amendment with the Miranda warnings, why don't we protect the 4th Amendment with a warning that you have the right to say no?

Few people know that you have a right to say no to the search, but what if you say no? In short it works like this, the clock starts ticking, meaning if you say no, and the police are running your drivers license and writing you out your ticket, they can call for a drug sniffing dog, and if you are stopped by a large White Blazer type vehicle, chances are they have the drug dog in the back of their car, surprise.

Lets say there is no dog with the police when they pull you over, but they call for a drug dog from another officer who must drive to the scene, then the clock is ticking on what a reasonable time is that they can hold you for the traffic ticket they are writing you. If the courts decide it is unreasonable, then any evidence they find is supressed, however if the amount of time they hold you for a speeding ticket is 25 minutes and drug dog arrives, and makes a positivie hit on your car, probably the Tennessee Courts will not supress any evidence that the police find.
So the real question is this, Why should the police be allowed to ask to search your car when they only stop you for a traffic violation or a Tennessee DUI that is unfounded, and have no probable cause to believe that you are doing anything wrong?

If we carried probable cause to the next phase of a traffic stop to protect the Fourth Amendment, what would be wrong with that? To protect the Fourth Amendment like we do the Fifth with Miranda Warnings, all we would have to do is this, if it takes probable cause to believe you broke a traffic violation to pull you over, then why not require that there be probable cause to ask to search your car? It would simply be a two pronge test to protect the Fourth Amendment in regards to traffic stops. Add in a simple reading that you have the right to say no to a search, and the erosion of the Fourth Amendment might slow down.




Posted by Daniel L. McMurtry

http://www.Nashvilledui.info

Nashville DUI Lawyer, Tennessee Criminal Lawyer Daniel L. McMurtry, located in Nashville, Tennessee representing clients in Tennessee on Criminal Matters. Nashville Criminal Lawyer with jury trial experience in Tennessee and Mississippi. Mr. McMurtry can be found at, Nashvilledui.info

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Friday, March 19, 2010

About Gun Regulations

Rhode Island Gun Laws

The Second Amendment of the United States Constitution grants citizens the right to bear arms. Though the relevance of such a liberty has been hotly contested, owning and carrying firearms is legal in all 50 states. However, each state has its own laws and procedures for purchasing and using a weapon. This is to ensure that individuals who choose to use guns for recreation or protection are knowledgeable about their decisions.

Owning a Firearm

Here are the applicable Rhode Island gun laws. To lawfully own a handgun (pistol or revolver) in the state of Rhode Island an individual must be at least 18 years of age. It is not required to have a permit or a license to purchase or own a firearm. To carry a concealed weapon however, there is an application process that ultimately must be signed by the state Attorney General.

For shotguns or rifles individuals are NOT required to

· Have a license to carry

· Have a permit to purchase

· Register their shotgun or rifle

Applying for Concealed Carry

The chief of your local police department must sign your application to verify your residency before submitting it to the Attorney General. To obtain the signature you may be required to complete a National Rifle Association Safety Course administered by a certified NRA instructor within the state of Rhode Island. After taking the course you may also be required by the BCIS to get your fingerprints on the F.B.I card system.

The fingerprinting process will take four to six weeks. After completing the prerequisites and finally submitting your application to the state Attorney General, you must allow up to ninety days for a response. The entire process could take four to six months before receiving a response. The Attorney General may deny your application based on a variety of reasons including your answers to the complicated questionnaire.

Concealed Carry on Campus

At most universities across the country it is illegal to carry a concealed weapon onto the campus. After an upheaval of violence at schools like Virginia Tech in which a student opened fire on classrooms, killing several students before taking his own life, gun owners have started a movement across the country to change laws. Rhode Island advocates of concealed carry on campus propose that individuals who are licensed to carry a concealed weapon be allowed to do so on college campuses.

For more information on Rhode Island gun laws or criminal weapons charges, contact Rhode Island criminal defense lawyer James C. Powderly at www.rhodeislandscriminaldefenselawyer.com




Joseph Devine

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Wednesday, February 3, 2010

The Criminal Defense Lawyer Association

Each state has its own criminal defense lawyer association. This organization sees to it that anyone who is accused of a crime is given fair representation in a court of law. They also do their share in protecting and strengthening the constitution, improving the administration of justice and promoting public awareness of the function and duties of criminal defense lawyers.

One way they are doing that is by offering legal services to those who cannot afford to hire a top notch lawyer. Some call them public defenders that will do their best to protect your rights.

Aside from providing their services to clients, they also have other activities such as conduct seminars for its members, raise money and offer scholarships. Each association is governed by a board which plans the events for the year that includes publishing newsletters, formal and informal networking and continuing legal education.

The criminal defense lawyer association through its members also lobbies and obtains information about new legislation as this affects their practice whenever they have to help a client in open court.

For those who are not yet members, all they have to do is fill up a form. Law students may already apply and after paying the membership fee, they will be able to access information about legal matters that are only available to members.

Apart from state criminal lawyer associations, there is a bigger one called the National Lawyer Association. What they do here is not that different from what they do on the state level.

As a member, you get assess to online research, virtual office opportunities, lawyer referral service, membership benefits and services as well as immediate leadership opportunities in legal sections and committees. The best part is that you don't have to leave your state's association to become a member in the national level.

The advantage of being a member of a criminal defense lawyer association is that anyone who wants to seek your services will no longer question your capability as a lawyer because you have already proven yourself among your colleagues.

How? By being granted membership into the organization which means they recognize you as an equal. What potential clients will likely ask now is how many cases have you won and how many times have you argued this in court.

When you talk to a client, tell them straight out they you cannot guarantee that you can win their case. What you can promise though is that you will do your best to help them get out of this mess.

So what should you do if you have a legal problem and have no idea who to call? The best thing to do will be to get the number of the criminal defense lawyer association in your state so you can get the name of a lawyer who can help you out.

If you can't find it, look for it online because most of these have an official website with a list of their current members and their contact numbers. Initial consultation is usually free and if you are satisfied, then you should hire this person immediately so your legal woes will be straightened out. The best part is that you don't have to worry about paying for high legal fees since this organization has ways of getting the necessary funds to pay for their members.




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Saturday, January 30, 2010

Equal Justice: the History of The Legal Aid Society

Equal Justice: the History of The Legal Aid Society, narrated by EGMarshall, tells the story of the founding of The Legal Aid Society in 1876 as the first organization in the country to offer free legal services to poor German immigrants. It traces the growth of The Legal Aid Society through the decades as services were extended to all New Yorkers in need of legal services and outlines the support the organization received from prominent figures such as Theodore Roosevelt, first as the New York City Police Commissioner and continued to his years as President of the United States and Charles Evans Hughes, a United States Supreme Court Justice, Governor of New York, and founder and partner of Hughes, Hubbard & Reed LLP. As New York City grew, so too did The Legal Aid Society and the scope of its work to include quality comprehensive representation in three major areas: Civil, Criminal and Juvenile Rights through individual representation and law reform advocacy.



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Friday, January 29, 2010

Tampa Bay Criminal Lawyer

Criminal defense is one of the most common forms of litigation practiced in the United States. Although laws affecting people can change virtually overnight, the people that live under them often have no advance warning of the changes that affect them. Also, few regular people have any appreciable understanding of criminal law, and thus when someone conducts themselves in such a manner that they act in a way that is in actuality against the law, the police often take it upon themselves to correct such a transgression and arrest the person.

Unfortunately, this means that many people who only crime is ignorance of the law face stiff penalties and expensive fines for merely doing what they didn’t know was illegal. Criminal lawyers help people stuck in these unpleasant situations find a small glimmer of salvation that they may one day be free again to enjoy each of life’s simple pleasures.

Few people in Florida know that the Constitution of the United States maintains that everyone charged with a crime are entitled to a defense. The quality of this defense can vary a great deal, which is why it is often advisable to see the expert counsel of qualified and dedicated criminal defense attorneys in Tampa Bay. These professionals have years of experience and learning that can help protect two of your most precious resources; namely your freedom and your finances.

Taking the chance on an earnest and well-meaning but ultimately under-equipped public defender is like playing Russian roulette with your freedom. Going to jail for a criminal offense is the stuff of horror movies. Prison is not a pleasant place, and a criminal record can dog your life and prevent you from getting the job, living space, or loans you need to make your dreams come true.

People make mistakes in life. This is the truth. Whether or not these mistakes impact the remaining years is often up to the person charged with a crime. Lawyers spend many years in school learning law and how to help people get out of sticky and bad situations, and they would not charge as much as they do if they did not think that they could do the best job possible. Lawyers are smart, so let them get you justice.




To learn more about Tampa Bay criminal defense or how to hire a criminal defense lawyer in Tampa Bay, please visit our website at http://www.tampabay-criminaldefense.com This article may be freely reprinted as long as this resource box is included and all links stay intact as hyperlinks.

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Monday, January 25, 2010

Reelect Justice Edmunds Official Commercial

Reelect Justice Edmunds to the North Carolina Supreme Court. In this race, he is the only candidate who has ever been a judge, who has an advanced law degree, who has been a partner in a law firm, who is a board certified specialist in a maximum 2 areas of criminal law, or who has acted as a presidentially-appointed United States Attorney. For more information, please visit www.reelectjusticeedmunds.com



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Saturday, January 23, 2010

Criminal Justice

The Criminal Justice major follows the Ferris philosophy of offering career-oriented curriculum that prepares students for a professional career. This combination of training and education is the foundation of the Criminal Justice program. For more information, visit www.ferris.edu



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Monday, January 11, 2010

Sunday, January 10, 2010

Criminal Law Attorneys and the Process For Criminal Cases

A commission or omission of an act in violation of a law which forbids or commands it, is considered a crime. If there is a complaint lodged against you regarding an act which was committed or omitted, you may be arrested and prosecuted under the Criminal Law system of a particular State. If you have been charged and arrested under such circumstances, always remember that you must hire the services of a good Criminal Law attorney to help you defend yourself.

Your defense attorney will make sure that all the procedures and processes leading to your arrest were followed. This is because any deviation from the required process will work in your defense and an experienced defense attorney will examine everything to make sure your rights were not violated when you were arrested.

In Arizona criminal justice, for instance, several stages are involved, including the proceedings, beginning with the commission of the crime up to the probation process. The criminal justice begins to roll when the crime is reported to the local authorities who then begin to investigate and collect the evidence. Once there is enough evidence, they will make the necessary arrest. The arrested person is then brought to the police station, fingerprinted, photographed and temporarily detained. There are cases where the arrested individual is immediately released after data was gathered and there are also cases where the person arrested is required to post a bond to ensure their appearance in court. During this time, the presence of a defense attorney will certainly be very helpful for the arrested person.

Within twenty four hours of the arrest, the person charged with an offense is required to make an appearance before the court where the judge will establish if the evidence is sufficient to support the reasonability of the charges. Since the court appearance would already involve some legal knowledge, the defense attorney will be the one who will answer for the accused. At this point, if the accused was unable to get the services of an attorney, the judge will appoint a defense attorney to defend him in court. It is, however, a sound decision if you will instead choose and hire services of an attorney who will defend you.

In certain circumstances, the Office of the State Attorney, after it has reviewed the local authorities' arrest procedure, may file formal charges against the person who was arrested. He will then be scheduled for arraignment proceedings and once again, the presence of a defense lawyer to represent him will be required. It will be during this time that the defense lawyer, upon conferring with his client, will enter a plea of not guilty or guilty.

Once a plea is entered, another process will take place and this time, if the plea entered is not guilty, may involve trial preparations where the defense attorney will begin to interview witnesses and would also have the chance to be apprised of the evidence against the accused. The criminal justice process ends when during the trial, the criminal defense attorney proved that the accused is not guilty and the court agreed with him. If found guilty, however, the judge will review the sentence guidelines or plea agreements, then determines what type of sentence he will impose on the accused. If there is a chance to appeal the decision, the defense lawyer will begin another tedious preparation to file the appeal to a higher court.




Criminal justice proceedings can be very confusing sometimes, and so it is always good to have an experienced criminal defense attorney by your side. Arizona criminal lawsuits, for instance, are very straightforward when it comes to the justice proceedings and having a defense lawyer which is very experienced in dealing with such lawsuits will come very handy. This is also true with Phoenix criminal lawsuits where you might find the same rigidity when it comes to their criminal justice proceedings. Whatever the case may be, hiring a good and experienced criminal defense attorney to represent you will certainly go a long way.

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Wednesday, January 6, 2010

Boca Raton Criminal Lawyer

Boca Raton DUI Lawyer, Eric N. Klein, can provide you with the dependable and experienced representation you need if you've been charged with a DUI.



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Selecting Your Criminal Defense Lawyer

When it comes to courtrooms, there is nothing more compelling than the battle of wits between the prosecutor and the criminal defense lawyer. In fact, this duel has become so interesting that plots of books, television shows, and even video games have revolved around these people. Now the characters Atticus Finch (from To Kill a Mocking Bird), Perry Mason (from the novels and TV show by Erle Stanly Gardner) and Phoenix Wright (from the video game) have entered into the people's consciousness.

Unfortunately, sometimes reality can catch up with people, and the criminal defense lawyers are not just left into the pages of fiction but have to become players in the real world. Once you get accused of a crime, especially one that you truly did not commit, you would want to immediately search for a good defense lawyer who can handle your case. They are the people who would be able to defend you and represent you well in court.

Of course, finding a good criminal defense lawyer is not as easy as it seems on TV, books, or video games. There are many qualifications that you must study in order to find the best lawyer that could fit your needs. Here are some ways for you to be able to select a good lawyer.

The first thing that you should do before selecting a criminal defense lawyer would be to check the background of the attorney. You could look if he really passed the bar for the state where he is practicing his law, the veracity of the achievements that he claims he has attained, his success rate in the cases that he handled, and perhaps even check if he had already handled cases that are highly similar to the one that you are facing now. The best step would be to probably ask questions. You could begin to ask how long he has been practicing law, the cases that he handled, and perhaps even how much he charges for the cases that he takes.

Another thing to look at would be the specialty of the lawyer. Some lawyers are able to specialize in a certain crime or case such as Drunk Driving, petty crimes, or even murder. It would always be a good idea to select a lawyer that is highly successful in the case that you need to be defended in.

An underrated aspect when picking a criminal defense lawyer is to check how comfortable you are with him handling your case. Does the lawyer appear to be someone who is trustworthy and would handle your case well? You could also check if he responds well to your queries, returns your phone calls, and gives you timely updates about your case.

These are just some steps in selecting the best criminal defense attorney for you. Of course, one can only hope that they would be able to live lives that would not have to resort to their services in the future!




To find out more about Criminal Defense Information visit Criminal Defense Tampa Bay. McLean Legal Law Firm Tampa Bay specialises in criminal defense, personal injury, white collar crimes, wrongful death to mention a few.

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