article by admin findlaw

A normal DUI

A charge already carries severe penalties, but certain situations can result in enhanced penalties for DUI or DWI that go well beyond the sentences normally imposed after a DUI conviction. The presence of certain aggravating factors in a DUI case can result in enhanced penalties by either increasing the range of potential sentences or by raising the actual charge to a higher level, depending on the state where the DUI prosecution takes place.

What follows are a few examples of situations that could lead to an aggravated DUI charge with enhanced penalties. The factors and potential punishments will vary between states, however, so it’s important for defendants facing DUI charges to look closely at the law of the state that has brought the charges.

Extremely High Blood Alcohol

Concentration States all set a legal limit for blood alcohol concentration (BAC) – usually .08%. The law presumes that anyone who is caught driving with a BAC over the legal limit has committed DUI.When tests reveal that a suspected DUI driver has a BAC that is extremely high (usually two or more times the legal limit, depending on the state), the crime moves into the realm of an aggravated DUI. Also known in this instance as an “extreme DUI,” the offense carries the possibility of greater prison terms and higher fines.

Minors in the Vehicle

The presence of minors in the vehicle at the time of a DUI arrest can also result in an aggravated DUI. States have different age ranges for the minor that will trigger enhanced DUI penalties, though. For example, some states require that the minor in the vehicle be younger than 16, while others set the maximum age for the minor at 12.Some states also increase the penalties for a DUI conviction if the offense occurs in a school zone, regardless of whether children were present in the car.

Multiple DUI Convictions

Courts also will hand down elevated sentences if the driver has had multiple DUI convictions, sometimes even when one or more of the multiple convictions occurred in another state or states. States give harsher punishments to repeat offenders in order to discourage people from driving under the influence of drugs or alcohol after their first DUI conviction.States have different systems for penalizing repeat offenders, so DUI defendants should check their particular state’s law or consult with an experienced DUI attorney for more information.

Suspended or Revoked License

Aggravated DUI charges can also result when a DUI defendant is caught driving on a suspended or revoked license. Penalties for this situation increase because the defendant has shown a blatant disregard for the law by driving on a suspended or revoked license.

Excessive Speed

A state can charge a DUI defendant with excessive speed in addition to DUI. In some states, if a person exceeds the speed limit by a certain amount, it may also result in an aggravated DUI (or DWI) charge. For example, if police measured a DUI defendant driving 30 miles per hour over the posted speed limit, the defendant could face a much higher sentence than they would if they had driven 10 miles per hour over the speed limit.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

FindLaw by admin

The penalties and sentences for an assault and/or battery conviction can vary widely depending on the law of the state where the offense was committed, as well as the circumstances of each case.

Punishments can range anywhere from fines to imprisonment, depending on the severity of the offense and the offender’s criminal history. Individuals who are first time-offenders may receive more leniency, while those who have an extensive criminal record or repeated instances of violent conduct may receive stiffer penalties. Without a doubt, should the severity of the assault or battery case rise to the level of an aggravated assault / battery, potential penalties would rise dramatically, because aggravated assault constitutes a felony in all states

In many jurisdictions, assaults and batteries can carry enhanced penalties for certain classes of victims. For example, many states create a more serious offense or increase the punishment for an assault or battery that is committed on a police officer or other type of public servant such as a paramedic, firefighter, teacher, etc. Similarly, laws may carry harsher penalties for assaults or batteries committed against family members or others living with the offender, or such crimes may be prosecuted under domestic abuse or violence laws.

Additionally, states often create different levels or degrees of severity for assault / battery offenses, each with its own range of sentencing. Because sentencing laws vary widely depending on the statutes, the facts of a given case, as well as a variety of other factors, individuals seeking specific information on assault and battery penalties may be best served by contacting a local criminal defense attorney.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

article from criminal law

The truth is, no matter how smart or well educated you are, the criminal justice system makes it virtually impossible to do a competent job of representing yourself. Each criminal case is unique, and only a specialist who is experienced in assessing the particulars of a case—and in dealing with the many variables that come up in every case—can provide the type of representation that every criminal defendant needs to receive if justice is to be done.

Criminal defense lawyers do much more than simply question witnesses in court. For example, defense lawyers:

• Negotiate “deals” with prosecutors, often arranging for reduced charges and lesser sentences. By contrast, prosecutors may be uncooperative with self-represented defendants.
• Formulate sentencing programs tailored to a client’s specific needs, often helping defendants avoid future brushes with the criminal justice system.
• Help defendants cope with the feelings of fear, embarrassment, reduced self-esteem, and anxiety that criminal charges tend to produce in many people.
• Provide defendants with a reality check—a knowledgeable, objective perspective on their situation and what is likely to happen should their cases go to trial. This perspective is vital for defendants trying to decide whether to accept a prosecutor’s offered plea bargain.
• Are familiar with important legal rules that people representing themselves would find almost impossible to locate on their own, because many criminal law rules are hidden away in court interpretations of federal and state statutes and constitutions. For example, understanding what may constitute an unreasonable search and seizure often requires familiarity with a vast array of state and federal appellate court opinions.
• Are familiar with local court customs and procedures that are not written down anywhere. For example, a defense lawyer may know which prosecutor has the real authority to settle a case and what kinds of arguments are likely to appeal to that prosecutor.
• Understand the possible hidden costs of pleading guilty that a self-repre­sented person might never think about.
• Spend time on a case that a defendant cannot afford to spend. Defendants who can afford to hire a lawyer usually have jobs, and therefore lack the time (and energy) to devote to such time-consuming activities as gathering and examining documents, doing legal research, and talking to witnesses.
• Gather information from prosecution witnesses. Witnesses often fear people accused of crimes and therefore refuse to speak to people representing themselves. Witnesses are more likely to talk to defense attorneys or their investigators.
• Hire and manage investigators. Investigators may be able to believably impeach (contradict) prosecution witnesses who embellish their stories at trial. By contrast, it is far less effective for a defendant to testify that “the prosecution witness told me something different before trial.”

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.