Criminal

Challenging Drunk Driving Observations of the Officer

by on Apr.29, 2011, under Criminal

While the prosecution in a criminal case may rely on several witness testimonials, in a DUI (driving under influence) case, the chief testimonial the prosecution relies on is that of the arresting officer. Challenging this testimonial may be the right way to defend against the charge.

You need to talk to your DUI attorney in this regard before giving any statements, oral or written. Sometimes, the police officer suspects drunk driving because of erratic behavior on the part of a driver. May be you were speeding or slowing down and speeding simultaneously or jumping red lights that led the officer suspect that you were drunk.

Your attorney may argue that this erratic behavior was because of some other reason, and not drunkenness on your part. If your attorney is capable of putting up a reasonable doubt in such a case, you may avoid conviction, and the associated penalties. Remember, Florida is very strict about punishing drunk drivers.

If the officer did not see you driving, it may be easier for Miami DUI attorneys to put up a defense. If all you did was sit behind the wheel, you may be able to get away without any serous consequence. What you need to do is get a good defense attorney immediately after you face DUI charges to ensure proper representation at court.

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Know whether self-defense strategy works for your case

by on Aug.18, 2010, under Criminal

Self defense

Lawyer help for self-defense strategies

When you need to defend yourself from a criminal charge, it is necessary to gauge the situation first. This is no easy job and you need an expert’s help to accomplish this. Who can better judge what strategy works for you best than a criminal defense attorney? It is, therefore, essential to talk to a legal professional if you ever face such an accusation.

There are numerous strategies to deal with a criminal charge. One of the ‘affirmative defense’ strategies is ‘self-defense’. As per New Jersey criminal laws, any individual has the right to kill another on grounds of self-defense. You may find the guidelines related to this in New Jersey Statutes.

When is use of physical force in self-defense justified? According to the state laws, if the danger was too imminent and urgent, and there was the risk of fatal or grievous injury, an individual may use physical force to counter the attack. You may also counter an attack on your physical self, if you have already declined to use physical force and the attacker continues to do so.

However, there are certain exceptions to the self-defense rule – If you initiated the use of physical force; or if you provoked the use of physical force in the first phase, you are not eligible for acquittal on grounds of self-defense.

The state of New Jersey has a Castle Doctrine Law in place. You may use physical force in case of an intrusion to your personal property. However, self-defense strategy will not hold ground if there was the use of deadly force against the intruder.

Only a proficient NJ defense attorney is able to assess the position of the case and determine whether ‘self-defense’ works or not. This is the reason you need to consult an attorney to handle the case the right way.

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