A NEW YORK 'ZOMBIE' WOMAN ARRESTED FOR DUI TWICE IN 3 HOURS! Zombies were never said to be smart!
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As a criminal defense lawyer in Fullerton, we represent clients that have been charged with manslaughter. While this is a serious charge, remember that everyone is innocent until proven guilty. Our job is to make a case for innocence and create enough reasonable doubt that the jury doesn’t issue a conviction. Due to the serious nature, and stiff penalties, associated with manslaughter, we recommend hiring an attorney right away so that there is the proper time to build your defense.
There are several types of manslaughter charges: voluntary, involuntary and vehicular. Voluntary manslaughter is the most serious of these offenses. While still short of a murder charge, a conviction can lead to up to eleven years in jail. With this type of case, half of the battle is to make sure that the prosecutor doesn’t attempt to prove murder, instead. In order for a crime to be considered voluntary manslaughter we must show that the crime happened in the heat of the moment and was not premeditated. For example, if you were in a fight or went into a fit of rage upon finding out someone harmed your family member that would be a crime of passion and therefore manslaughter. If, however, the death was premeditated it could lead to a murder charge.
As a criminal defense lawyer, we work to build a strong case for our clients’ innocence. If we can create enough reasonable doubt, the jury will be unlikely to deliver a manslaughter conviction. If, however, it is clear that some sort of conviction will occur, we will work to get the penalties reduced and prevent the charges from escalating to murder. This is important given how easy it is to turn a manslaughter charge into a more serious crime. For example, in California, a prosecutor can go for a murder charged if there was a sufficient cooling off period from the time that a person became aware of an injustice, like a cheating spouse, to when they killed someone. If sufficient time passed between the two events, it would appear that the murder was premeditated or planned out in advance. We work to protect our clients by proving that this is not the case.
When someone is convicted of voluntary manslaughter there is a standard jail sentence of 3, 6 or 11 years. As a criminal defense lawyer, we will present mitigating factors to try and get the judge to reduce the penalties during sentencing. Judges have the leeway to do so, and as a lawyer we will demonstrate a lack of criminal history and the unlikelihood that a crime would be committed again. For example, a person committing a crime of passion would have no reason to reoffend since it was in response to the action of someone else. A prosecutor, on the other hand, will try and present aggravating factors such as the brutality of the crime in order to have a stiffer penalty issued. This makes it important to work with an experienced lawyer every step of the way.
Posted by Jeffrey Kent at 2:20 PM
Labels: Criminal Defense Lawyer
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A DUI attorney can help you if you have been pulled over while driving under the influence. If this is your first offense, you may be concerned about the process and we can help you to navigate through it. If, however, you have been convicted of a DUI in the past and gotten off easy don't expect the same results. Judges are typically more lenient on first-time offenders with many doing community service and paying a fine. If, however, you have already been convicted and are now facing a second or third DUI charge, don’t expect a light sentence again. Driving under the influence is a serious criminal offense and after your first conviction the courts will treat it that way.
If you get convicted of a second or third offense, you will probably lose your driver's license. This will negatively impact your ability to get to work, pick up your kids, and generally meet your obligations. Even buying groceries becomes a chore when you are unable to drive. On your second conviction, the typical license suspension is two years while on your third it is ten. If you are convicted, expect to be a long term member of the bus riding community.
Fortunately, as a DUI attorney, we can help by trying to get the charges reduced to reckless driving instead of a DUI charge. If the evidence is strong and we are unable to have the charges reduced, we will make a case for why you should receive a light penalty and how your ability to drive is necessary for your family. In order to make this argument we need to ask a variety of questions to learn more about you, what you do, your family and how being unable to drive could impact your family’s livelihood.
For second-time offenders, it is easier to make these arguments. If you have been convicted of a DUI twice, the penalties become even stiffer on the third conviction. If you are allowed to drive, it is mandatory for an ignition interlocking device to be installed on your car. This will be done at your expense. Once installed, your car will not start without you taking a mandatory breathalyzer test every time you step behind the wheel. This can be embarrassing, expensive, and inconvenient at the very least.
In California, you can be charged and convicted of a DUI if you have a 0.08 BAC level or higher. This is common knowledge, but many people are not aware that if you are driving a commercial vehicle the BAC limit is 0.04 and if you are a minor it is 0.02. If you fall into either of the latter two categories, you need to be additionally careful to be sure that you do not drink alcohol before driving and if you do, call a DUI attorney immediately upon being pulled over.
While the laws vary in every state, California has an implied consent law that states if you apply for a driver's license, you are giving consent to sobriety tests including a breathalyzer. This means that refusing to take the test is not a reasonable defense, and it can get your license taken away. The best course of action then is to call a DUI lawyer to represent you.
Posted by Jeffrey Kent at 1:59 PM
Labels: DUI Attorney