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Colorado Dui Help

Posted in dui by admin on October 24, 2010

Colorado Dui Help

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Expert Court Representation from a Colorado Criminal Defense Attorney

If you have a court case and you need proper representation, there is a Colorado criminal defense attorney who can provide you with the right expertise and knowledge. He has already represented a lot of people in various court cases in Colorado and his success record has been exceptional. Whether you need him to create your will, file for bankruptcy or fight for what you think is your right, you could come to him for help. His specialties include criminal defense, wills, bankruptcy, DUI, wrongful termination, and car accidents. Should you need a confidential consultation, just give him a call and he will provide it to you for free.

If you have just been arrested or have been charged with a crime, the Colorado criminal defense attorney can certainly help. It is a well-known fact that people could face devastating penalties if charged in Colorado, and the representation of an excellent defense attorney is essential throughout the court proceedings, no matter where you are in the state. If you have been arrested for drunk driving, for example (DUI or DWAI), a conviction could be a considerable fine, imprisonment and other penalties that the court may order. The criminal defense law firm has the necessary experience in dealing with such a case and they can help you take the correct actions in handling the situation.

Similarly, you could also call on them if you are facing a potential foreclosure, have been terminated unlawfully or are in a financial misery. The defense attorney specialized in bankruptcy matters under Chapters seven and thirteen, so you could expect all the help that you need. His experience would allow you to get over your creditors and help you on your way to recovering your finances. The Colorado criminal defense attorney has a wide range of expertise and you can always expect to get the help that you so desperately need.

About the Author

For more information on your legal rights visit
Colorado Criminal Defense Attorney
.

Dui Felony Tennessee

Posted in dui by admin on September 7, 2010

Dui Felony Tennessee

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Tennessee DUI Penalties

Under Tennessee law, a conviction for DUI can carry many penalties. A first offense Tennessee DUI, for example, will carry a minimum 48 hours in jail, but a second offense conviction carries a minimum 45 days in jail. The type and severity of penalty will depend on the facts of the case, and whether the individual has a prior conviction for DUI. First, second, and third offenses are misdemeanors in Tennessee, and fourth offenses on up are felonies.

For first offense Tennessee DUIs, in addition to the minimum 48 hours in jail, the individual will go on probation for 11 months and 29 days minus any jail time served. So if the individual serves 48 hours in jail (equal to two days) they would go on probation for 11 months and 27 days. Under Tennessee law, if a driver's blood alcohol content is .20% or greater they must serve seven days in jail.

First offenders will pay a minimum $350 fine in Tennessee, with a maximum of $1500. First offenders will lose their license for a period of one year but may apply for a restricted license. The restricted license will allow them to drive only to work, school, church, probation meetings, or court-ordered activities such as alcohol safety school.

For a second offense, as I stated above, the minimum jail time is 45 days. The probationary period is 11 months and 29 days minus any time spent in jail. Second offenders in Tennessee pay a minimum $600 fine, with a maximum of $3500. Their license will be revoked for two years, and they may apply for a restricted license but will not be eligible for at least one year. That means that a DUI second offender in Tennessee will not have any type of driver's license whatsoever, even a restricted license, for at least a year. Second offenders will be required to install an ignition interlock device.

In addition to these penalties, a DUI conviction in Tennessee remains on the individual's record forever. This is perhaps the most serious consequence of a DUI and something I always tell new or prospective clients. Many first offenses in Tennessee can be expunged through a process called diversion; however, DUI is not one of them. It remains on the individual's record forever, even if they've never had so much as a traffic ticket. Obviously, having a DUI on your record can affect your employment prospects.

Because of the potential penalties, it is important for a person charged with DUI in Tennessee to seek out an experienced Memphis DUI defense lawyer. There may be ways to challenge the case on a number of legal or factual grounds, possibly resulting in a dismissal or reduction of the charge.

About the Author

Patrick Stegall is a Memphis, Tennessee DUI defense lawyer. Please visit his website at http://www.stegall-law.com.

Felony Dui Ohio

Posted in dui by admin on July 26, 2010

Felony Dui Ohio

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New Years Eve Storytime! What's your crazy story?

Here's mine in a nutshell.
1. Party- Smirnoff+no tolerance= extremely drunk
2. Made out with a random guy (I'm a lesbian)
3. Came home, brother went to jail (he'll be there for his third dui which is now a felony)
4. Mom had a random guy over
5.My sister called from Ohio--apparently our relatives are racists pigs.
6. I'm just unloading, so feel free to do the same
amanduhh...haha, your story TOTALLY kicks my stories ass! I love it.
RJ- That was a beautiful story! I especially like that you took a bath to get ready for the ball to drop.
Oh sorry, RJ, I have to add, congrats on the fish. That really was the best part.

i was grounded and had to spend new years with my family
they all fell asleep and i watched the ball drop on tv by myself.
ahhh i think i win.

Felony Dui Tennessee

Posted in dui by admin on June 30, 2010

Felony Dui Tennessee

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The crime of shoplifting in Tennessee

This article is for someone who has been charged with shoplifting in the state of Tennessee. I focus on Tennessee because that is where I practice and because laws differ from state to state. Thus while it may be useful, this article should not be used as a guide to shoplifting charges in another state. Check your local laws.

In Tennessee, shoplifting is formally called Theft of Property $500 or less. Theft in Tennessee is graded by dollar amounts--$500, $1000, $10,000, and anything over $10,000. Theft $500 or less is a Class A misdemeanor, punishable up to 11 months and 29 days in jail.

If a client is charged with shoplifting it is of the highest importance that they keep the charge off their record. In Tennessee, there are generally two ways of doing this. The first is the process of judicial diversion. Judicial diversion means going on probation for the entire length of the sentence—11 months and 29 days. During that time the client will have to pay monthly fees, as well as court costs and expungment fees, and probably complete community service and/or classes. The specific requirements of probation will be up to the judge. The one condition of diversion is that the client must have a clean record. They cannot have any prior felonies or class A misdemeanors (such as DUI or drug possession), and they cannot have used diversion before. It's for first-time offenders only. Diversion is an excellent way to keep a serious charge off your record, but when it comes to shoplifting cases in Tennessee there is sometimes an easier, less expensive way.

Merchant restitution, or merchant diversion as it is sometimes called, can often be used in shoplifting cases to dispose of the charge without probation or a permanent conviction. This process can be used if the merchandise is recovered without damage and the store agrees to accept restitution in lieu of prosecution. It's kind of an oxymoron that the store takes restitution when the merchandise is recovered without damage, since the concept of restitution is to pay for property that has actually been damaged, but that's the way it works. If the store and the prosecutor's office agree to this, the client can pay the store the required amount, get a letter in return stating payment has been made and that the store will not be pressing charges, then the case will be dismissed. Usually the client will have to pay court costs at the time of the dismissal.

Merchant restitution is a much better way to handle a Tennessee shoplifting charge than judicial diversion, because 1) the client doesn't go on probation for a year, 2) they don't pay hundreds of dollars in court fees, and 3) they don't plead guilty. A guilty plea is mandatory for judicial diversion. This is especially important for clients who are not U.S citizens, such as permanent residents or visa holders, because a guilty plea could be fatal to their status in the United States. But under the restitution process, the client simply pays the store, brings back proof of payment to court, pays costs, and the charge is removed from their record.

The one catch with restitution is that not all stores will participate, and not all prosecutors will accept it. For instance, Wal Mart doesn't do it. If the store where the shoplifting occurred was Wal Mart, they are going to have to go on diversion to get it removed. I believe it is Wal Mart's policy nationwide to not accept restitution in shoplifting cases. Also, the prosecutor's office has to be willing to go along with it. Where I practice in Memphis, prosecutors will usually agree to it but they may not in other jurisdictions. However, as a Memphis shoplifting attorney I have helped numerous clients through the restitution process, and it's always my first line of defense with shoplifting cases.

About the Author

Patrick Stegall is a Memphis, Tennessee criminal lawyer. His website is http://www.stegall-law.com./