Tuesday, January 31, 2017

Sobriety Test: Supreme Court Is Drawing The Line

Seeing how the Supreme Court is clearing their docket of cases from the preceding term every single year in June, it is obviously the most appropriate time for the Court to rule out all the most substantial decisions. And this year, due to the sudden passing of Antonin Scalia, back in February, which resulted in a deadlock of 4-4, the Court had a pretty eventful year indeed. Nevertheless, despite that, the Supreme Court still managed to render a number of decisions, which will have a long-lasting impact on the lives of Americans in the future.

When it comes to the area of criminal legislation, a pretty substantial finding came together with the Court’s decision in a consolidated group that was referred as Birchfield v. North Dakota. All three cases were brought together in order to establish the limitations of the law enforcement authority in establishing whether a driver is operating his or her vehicle under the influence of alcohol.

Hence, the Supreme Court has managed to determine, through a 5-3 opinion, which was authored by Justice Samuel Alito that if a person refuses to submit him or herself to the breathalyzer test, it could be deemed as a crime and therefore no warrant is required for the law enforcement officers to administer that test to begin with. Alito also mentioned that breath tests are far less intrusive than the blood tests and could easily be administered as a search incident to a lawful arrest for driving under the influence of alcohol. The ruling was applied to the conviction of William Bernard Jr., who was convicted for refusing to submit himself to the breathalyzer test in the state of Minnesota.

However, the Supreme Court managed to establish a totally different finding regarding the defendant Danny Birchfield – he was prosecuted in North Dakota for refusing to submit himself to the blood test. In this case, the Supreme Court established that blood testing is far more intrusive and whether it is reasonable needs to be determined in line with how available other, less invasive methods, are (such as the breathalyzer testing). Needless to say, blood tests involve piercing of one’s skin and are delivering an actual physical sample to the prosecutors. Hence, because of this reasons, the Supreme Court ruled out that a warrant is necessary prior to the blood test and its administration.

Before the Supreme Court ruled out that decision, 11 states, which include both North Dakota and Minnesota, actually went beyond suspending of driving privileges for people, who refuse to take a breathalyzer test. However, right now, when the court has finally approved the prosecution of those instances, more states will most probably follow the suit. Sure enough, the ruling of the Supreme Court will lead to the increase in breathalyzer tests and, consequently, the decrease in the blood testing.

It is very important, crucial even, to understand what this Court decision actually means for drivers from California. California Vehicle Code actually states that an individual “lawfully arrested for driving under the influence of an alcoholic beverage… has the choice of whether the test shall be of his or her blood or breath and the officer shall advise the person that he or she has that choice.” Nevertheless. The Supreme Court actually made a strong argument and decided that no warrant is required for the breathalyzer test to be administered. However, there is need for a warrant in case a blood test is necessary. One way or the other, these rulings may well change things on the roads and highways a bit.

More information about DUI is available here: www.lasvegasduilawyer.org

Wednesday, January 11, 2017

Las Vegas Criminal Procedure And Why You Need a Criminal Defense Lawyer

At times, people do not even know that they are committing a crime. Furthermore, some people simply had the misfortune to find themselves at the wrong time and in the wrong place. One way or the other, there are two general types of crimes – we are talking about misdemeanors that are less serious and therefore go straight to the trial, without any preliminary hearings and felonies – much more serious crimes that require a much more detailed approach. Hence, people who were charged with felonies will have to go through preliminary hearings first. Of course, the justice system considers that the judge and the jury will be capable of determining if a person is guilty of committing a crime to begin with. Nevertheless, the prosecutor is only interested in sentencing the defendant and will invest all the efforts into this, so it is very important, crucial even, to make sure that you have a qualified as well as genuinely experienced Las Vegas criminal defense attorney by your side throughout the entire process.

No matter whether you were charged with Las Vegas DUI, misdemeanor or a felony – there are plenty of ways for the case to go from here on. Hence, you will inevitably have to hire a good lawyer in order to make the most from your legal defense. Of course, it is best to consult the attorney prior to the trial. Furthermore, it is highly advisable to hire an experienced professional. Needless to say, you can go with a public lawyer and some of them are very experienced and qualified indeed. However, most of the state attorneys already have too much to deal with and will hardly be able to devote as much time and efforts to your case indeed.

Still, it is also very important to keep in mind that the lawyer will need to know if you are really guilty or not. This will really help in building the best legal defense strategy possible. Hence, make sure that you are 100% honest with your attorney all that time. Consequently, the lawyer will gather all the necessary evidence that will help the case. Furthermore, you will be able to rest assured knowing that this attorney you hired is investing all of his time and efforts into your case and is utilizing all the available resources to help you.

The criminal procedure may prove to be very long and difficult indeed. Hence, this is also one of the reasons why hiring an attorney will prove to be quite invaluable to you – he will be able to get you through the whole process and you will be able to easily get in touch with him whenever you need. On the other hand, a public attorney will mostly be present during the hearings and will not give you too many answers.

Finally, in case that you know that you are not guilty, but the evidence is turning against you, do not lose any time and make sure you hire a good Las Vegas criminal lawyer asap.

The Las Vegas DUI Specialists

Tuesday, December 13, 2016

Miranda Rights And What They Represent

You probably have seen a million movies and even more TV shows, where the law enforcement officers are apprehending the suspects. Although television and motion pictures tend to transform a simple routine into a show of epic proportions, some things they get very close to the real life. For example, Miranda Rights. You have heard them numerous times and you probably even know how they sound. Still, here is to refresh your memory a bit: “You have the right to remain silent. Anything you say can and will be used against you in the court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

The person that was arrested must provide the law enforcement officers with a clear as well as genuinely definitive answer. That way, he or she will let the police know that those rights are clear. However, in case a person will remain silent, there is a chance that he or she does not understand English. In that case, he or she will be provided with a translator that will translate Miranda Rights to his or her native language. Yet, in case the arrested individual willingly chooses to remain silent, the interrogation will be stopped. Furthermore, if the individual that was arrested will want to consult a legal representative prior to carrying on, the interrogation will stop as well. In that case the police will need to wait for an attorney to arrive on the scene.

Despite a pretty popular opinion, the law enforcement officers are only required to read the Miranda Rights to an individual in case they want to interrogate him or her. If they are simply arresting that person, there is no such obligation. Nevertheless, in case they are planning on interrogating the arrested person in the future, they will need to make sure that the arrested individual hears out his or her Miranda Rights loud and clear. Hence, all the police officer are paying a lot of attention to that matter in order to get things done by the books.

Moreover, in case the law enforcement officers have reasons to believe that public safety is in question here, they will be able to interrogate the arrested individual without reading him or her Miranda Rights to begin with. To be more accurate, Miranda Rights serve as a safety measure against self-incrimination. These rights also fall under the Fifth Amendment. Still, the arrested person will have to tell the police officer some things right away – their name, their address, their age and so no. Furthermore, the law enforcement officers may search the individual in question for safety reasons. However, keep in mind – if a person confesses to committing a crime even before hearing about his or her Miranda Rights, this fact will definitely be used in the court of law.

In some cases the arrested individuals choose to neglect their Miranda Rights in order to speak with the law enforcement officers freely, without having a legal representative present. Nevertheless, in case they would have a change of heart, they can always “pleas the fifth”. Juvenile individuals have the right to remain silent before the arrival of their parents or legal guardians.

One way or the other, it is important not to neglect your legal rights. The very first thing that you will need to do after being arrested would be getting in touch with a qualified as well as genuinely experienced legal representative. He will tell you how to proceed and what to say. Do not forget that everything you will say may be used against you in court and it is best to consult good Las Vegas criminal lawyer beforehand. A professional Las Vegas criminal defense attorney will examine the case and all the evidence against you in order to come up with the ideal defense strategy that will not let you down. Miranda Rights can prove to be absolutely invaluable to you, so make sure you use them in full. If you were arrested improperly and your Miranda Rights were not presented to you at the scene, call our law office at (702) 978-6137 or fill out online contact form to request free case review.

Law Offices of Las Vegas DUI Specialists

Friday, October 28, 2016

DUI On Halloween: Not The Best Kind Of Treat

Needless to say, one of the most popular and fun holidays is nearly upon us. We are, of course, talking about Halloween. This is a very amazing event that delivers tons of fun as well as excitement. This is when children dress up as ghouls, gnomes, witches and skeletons and are roaming around the streets of towns and cities, trick-r-treating all the way.

With that said, it is also a time when the adults are attending some great parties. Men and women also dress up in costumes and gather together in order to have some genuine fun. Of course, in most cases, there is alcohol on those parties, since it is an inseparable attribute of any big event.

Nevertheless, in case you are planning on drinking alcoholic beverages this Halloween, it is very important to take an extra minute and to think about how you are going to get home. After all, driving under the influence of alcohol is the worst idea you may ever have. Therefore, it is very important, crucial even, to make sure that you are going to have a designated driver taking you home or a taxi cab that will get you anywhere you need after the party.

Sadly, nearly half of all the accidents that occur on Halloween night take place because of the people, who are driving under the influence of alcohol. On that account, the law enforcement authorities released an official statement, which warns any and all individuals, who are planning on driving home after their parties, to remain sober or to find designated drivers as well as taxi cabs that will get them home safely. In addition, it is important to remember that children are going to be trick-r-treating house to house all night and will often be crossing the roads, so every driver should be extremely vigilant not to hit a child or any person, who is walking around the street. Moreover, people who are going to wear different costumes that night will need to make sure that those costumes are not too long and will not cause them to trip. Do not forget to take the masks off in order for the drivers to clearly see that you are crossing the street.

One way or the other, it is crucial to understand that driving under the influence of alcohol or any illegal substances does not only pose a threat to yourself as well as your passengers – it is also posing an actual threat to the pedestrians, drivers around you and their passengers. Think about how you do not want to put other lives in danger by simply enjoying some alcohol with your friends on a Halloween night.

With that said, Las Vegas DUI charges can be very serious and may have absolutely detrimental consequences. We are not just talking about expensive fines, although you will end up paying thousands of dollars from your pocket and that not including court fees as well as any additional expenses. The judge may also find it necessary for you to submit yourself to community services. This means that you will need to perform hundreds of hours of unpaid labor doing whatever the court will find you fit to do. Furthermore, do not forget that the very first thing that the arresting officer is going to do will be taking your license from you. Of course, you will get a temporary document that will allow you to operate your vehicle for 30 more days, but afterwards your license will be suspended. Still, you have the right to argue with this decision. You will need to file an official request in order to initiate the administrative DMV (Department of Motor Vehicles) hearing within 10 days after your arrest. Note that the DMV hearing does not have anything in common with the criminal court proceedings and will represent an entirely separate thing altogether.

Moreover, in case the circumstances of the DUI offense were grave, meaning that there was massive property damaged, or DUI with injury, you may be facing time behind bars. This implies that the court will sentence you to either county jail or state prison.

Finally, think about what dire consequences DUI charges will have on your day to day living. After all, you risk losing your job and it will be very difficult to find a new one. Criminal records of the DUI offenders are accessible for general public, so any potential employer will be able to check them out and only a few of those will want a DUI offender among their staff.

In addition, you may be expelled from college or university and will have trouble getting proper education in the future. Family conflicts are also quite common in these cases.

Therefore, if you or perhaps your loved ones were charged with DUI and you do not know what to do, we simply cannot help but recommend you to definitely get in touch with a qualified as well as genuinely experienced Las Vegas DUI defense attorney as soon as possible. Only a good attorney will have what it takes to question the arresting officer, to make sure that the police had probable cause when pulling you over (for if they did not, the case will be closed), to ensure that all the test results are accurate and that no legal regulations were tempered with.

In the end, no matter how excited you may be about the upcoming Halloween party and how badly you wish to meet your friends – never forget that you must first think about getting home safely. Those couple of minutes that will take you to come up with a plan, to find a designated driver or to call a cab may well save your life or the lives of people around you. Enjoy your Halloween party, but be sure that you follow safety rules and regulations in order to stay safe.

John Bayer, ESQ
Law Offices of DUI Specialists

Saturday, June 11, 2016

The Las Vegas DUI Process: Your Rights And Advice of an Attorney

Las Vegas DUI lawyer, an adviser for you criminal DUI charges in Las Vegas, NV

If you or your loved ones were charged with Las Vegas DUI (Driving Under the Influence), chances are, you are genuinely stressed and frightened. That is right – we all know that even the smallest DUI misdemeanors are severely punished by law. After all, the law enforcement authorities are not very forgiving when it comes to DUIs, due to a significant rise in the Las Vegas DUI accidents on the roads all over the nation.

With that said, Las Vegas DUI charges may well have a very negative impact on your day to day living. Do not forget that your criminal records will be open to public and any company, any bank, any university will be able to access those records. Hence, finding a better job is going to prove to be somewhat difficult and there is even a chance that you will be expelled from the university you were attending. However, once you are arrested for driving under the influence of alcohol, it is very important to remain calm and to remember your rights. Indeed, there are certain rights that could help you out in a difficult and challenging financial situation.

First of all, you must remember about the essential right to have an attorney representing you. After all, you do not have the knowledge and the experience to represent yourself in court and a good lawyer is going to know what kind of legal defense strategy to choose in order to help you. An attorney will also know how to approach the judge and the prosecutor in order to get you a better deal. Overall, it is pretty much impossible to overestimate the value of a good legal representative and it will be wise to use your right for an attorney at the earliest opportunity.

Secondly, do not forget that you have the right to choose between a jury and a judge. This basically means that you can either choose a jury to come up with a verdict or let the judge decide what kind of sentence you deserve. It is a tough decision to make – allow a crowd of strangers rule out your fate or perhaps let the judge, who views you as yet another case, to make that decision. This is where a good Las Vegas DUI lawyer will be able to provide you with yet another valuable advice on how to proceed. 

Finally, do not forget that you have the right to question the person, who blamed you for driving under the influence. For instance, if you were arrested by the law enforcement officer, the law enforcement representative should have used breathalyzer to test your BAC (Blood Alcohol Content). Yet, if the officer neglected this procedure, there is a good chance to get the case dismissed in no time at all. Once again, a good Las Vegas DUI lawyer will know what questions to ask and how to approach the person in order to get the most from his words to your favor.

Friday, April 29, 2016

What Are The Main Differences Of Burden Of Proof In Criminal Court And At The Las Vegas DMV Hearing

The burden of proof implies that basically the government itself in the face of the prosecutor or the state attorney or the driver himself will have to provide enough evidence that would indicate that a person was in fact driving under the influence of alcohol. With that said, the burden of proof works very differently in criminal court cases and at the Las Vegas DMV hearing. Whereas during the criminal court hearing it is the prosecutor who will need to provide the court with sufficient burden of proof that would clearly demonstrate that the driver was guilty, during the DMV hearing the DMV officer does not have to prove anything and he or she is going to act in line with all the available evidence.

To Find More Tips And Information About Las Vegas DMV Hearing Click Here

This implies that during the criminal court hearing a person is not obliged to demonstrate that he or she was not driving under the influence of alcohol or any kind of illegal substances. On the contrary, the person will have to defend him or herself using all available evidence or legal representation. Sure enough, in case the government does not have sufficient evidence or burden of proof that would help in demonstrating that the individual is guilty, there can be no case.

For example, let us presume that the prosecutor is presenting the judge with the BAC test results along with the police, which clearly states that the defendant was in fact driving under the influence of alcohol. It is all fined and well, but the law enforcement officer who was on the scene and who subsequently submitted the report is known for being unreliable. He used to fabricate his reports in the past – there were some dangerous precedents. Furthermore, it also turned out that the equipment the law enforcement officer was using to take the BAC test was hot properly calibrated, which is also a major factor. The driver is claiming that he or she was not drinking. There is another driver, who happened to be at the scene and he is backing the defendant’s story up. It is quite apparent that there is not enough burden of proof to demonstrate the person was actually driving under the influence of alcohol and the case is going to be closed.

On the other hand, when it comes to the Las Vegas DMV hearing, the burden is on the driver to demonstrate that he or she was not driving under the influence. The DMV officer does not have to prove anything and will base his verdict on the factual evidence. One way or the other, it is extremely beneficial to have a qualified as well as genuinely experienced Las Vegas DUI attorney during both of the hearings. He is going to use all his knowledge and all of his expertise to demonstrate that the defendant is not guilty and there is not enough burden of proof that says otherwise. Hence, this is the only viable option for you.

The Importance Of Being Prepared For The Las Vegas DMV Hearing

Being charged with Las Vegas DUI charges is very stressing as well as frustrating. However, the very first thing that you will need to worry about is not going to be fines or jail sentence – there is criminal court for that. No, the very first penalty that you are going to face is losing your driving privileges. Right on the scene of the accident the arresting law enforcement officer is going to take your driver’s permit from you.

More information is available at www.lasvegasduilawyer.org

Now, granted, he will provide you with temporary papers, which will allow you to operate your vehicle for 30 more days. However, if you do not wish your driver’s license to be revoked or suspended, you will have to initiate an administrative DMV hearing within 10 days after the accident. Now, it is important for you to understand that the DMV hearing has nothing to do with the criminal court hearing. The decisions of the criminal court will not affect the verdict made by the DMV officer and vice versa. One way or the other, chances are, you will want to o your best to keep your driver’s license. This is completely understandable, since most people these days cannot even imagine their day to day living without their vehicles.

The main problem is the fact that for the Las Vegas DMV officer you are nothing more than part of the statistics. He is specifically trained to not being affected by other person’s emotions, no matter how sincere as well as genuinely touching these may be. This is one of the many reasons why it is so important, crucial even, to make sure that you come 100% prepared for what is to come. By that we mean coming up with solid legal defense strategy and a good speech that will make you stand out from the statistics. Sure enough, only a good legal representative is going to have what it takes to make sure that you know exactly what to say and how to react during the hearing.

Things can get rather emotional. There was even a situation, when a person was drugged and was too afraid to talk about it during the DMV hearing. Still, it is necessary to say what you need to say. The lawyer is going to train you on how to speak properly and you will avoid situations when you are left speechless in front of the DMV officer.

Hence, if you are interested in keeping your driving privileges and wish to come up with a solid defense strategy during the administrative DMV hearing, it is vital to find a good Las Vegas DUI lawyer, who is not going to let you down.