Drunk driving stops are the nightmare of people who know they have had a few drinks. When you see those flashing lights, your heart probably seemed to drop into your stomach. Now that you are facing drunk driving charges, there are several points that you need to consider as part of your defense. One of these might be why the officer pulled you over in the first place.
Self-Defense in Criminal Cases
One of the primary defenses in Criminal Cases is the defense of self-defense. Self-Defense can be used as a defense in Criminal Cases for a number of different reasons. First, an accused can use self-defense in order to defend himself, other people that he is with or may know and even his property. In the Commonwealth of Pennsylvania, the law of self-defense is addressed in the Doctrine which is familiarly known as the Castle Doctrine. Assault Crimes The Castle Doctrine, which gained quite a bit of attention in the Florida homicide case against Mr. Zimmerman, involves the notion that people (specifically an accused), does not have a duty to retreat or run away from an aggressor. Specifically, an accused has the right to stand his ground. And that notion is certainly true if an accused is in his dwelling, home or residence at a time when people are attempting to forcibly enter.
Drug charges might be a call to action for an addict
We recently discussed how people who are facing drug crimes often need rehabilitation if they want a fair shot at getting out of the criminal justice system's loop. Many people joke that the door to the jail is a revolving door because many of the same people come and go on a regular basis. We know that when you have a drug addiction, you might feel helpless and powerless as you go through the criminal justice system.
Criminal Defense Attempt
In Pennsylvania, for Criminal Defense cases, attempting to commit a crime can land you with just as harsh as a punishment as actually committing a crime. A person commits an attempt when, with intent to commit a specific crime, Conspiracy he does any act which constitutes a substantial step toward the commission of that crime. Misapprehension of the circumstances that would have made it impossible for the accused to commit the attempted crime is not a defense to criminal attempt. You are able to use renunciation as a defense.
Does rehabilitation have a place in criminal justice?
People who are charged with crimes face an uncertain future, especially when they know that a conviction is likely. One issue that plagues the criminal justice system is that the focus is placed on punishment and not on rehabilitation. It is very easy to tell someone he or she has a problem, but it is much more difficult to find a solution to help the problem. The issue of punishment or rehab is one that is subject of much debate in the criminal justice system.
Criminal Defense Conspiracy
In Pennsylvania Criminal Defense case, the charge of conspiracy is taken very seriously. Simply conspiring to commit a crime will earn you just as harsh of a penalty as actually committing the crime. A person is guilty een if he presents a solid Criminal Defense of conspiracy if he agrees to commit a crime with another person or persons with the intent of promoting or facilitating its commission he and agrees with another person that they will commit the crime or an attempt or solicitation to commit the crime; eyewitness identification or agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.
The effects of DUI can range from social to criminal
Drunk driving charges have long-lasting effects. These effects aren't necessarily going to end when you successfully complete your court-ordered sentence. The long-term effects include social effects that can make your life very difficult. You have to deal with this on top of the criminal penalties that you have to face.
Criminal Defense eyewitness identification
Eyewitness identification in Criminal Defense is one of the major tools that the government uses to put together its case against a criminal defendant. The government in its case before a jury, must be able to prove that it was the accused that committed the crime and not Fraud some other random person. Since eyewitness identification of a defendant is so paramount in criminal cases, the government frequently uses pre-trial lineups as seen in movies such as the Usual Suspects, or pre-trial picture lineups. Pre-trial lineups have come under a lot of scrutiny recently as a result of being unduly suggestive and occasionally tainted.
Sex Crimes Investigations
One of the worst things that can happen to an individual is to become the subject of a Sex Crimes Investigation. Law enforcement might open a Sex Crimes investigation on an individual for several reasons. A Sex Crimes investigation can be opened in order for the police to investigate someone for the charges of Indecent Assault, Rape, institutional sex assault Involuntary Deviate Sexual Intercourse, the Possession of Child Pornography or a myriad of other reasons. The most important thing to keep in mind if you are a subject of such an investigation, is that you have the right to not only speak with a Rape Criminal Attorney, but also to hire one even before you are charged.
What constitutes a violent crime?
Violent crimes are criminal activities that involve a victim. In most cases, the victim is injured in some way or killed during the crime, which is what classifies it as violent. These types of crimes can divided into three high-level categories: sex crimes, crimes against the person and murder.