Challenging Convictions on Grounds of Double Jeopardy

The Fifth Amendment of the U.S. Constitution contains the Double Jeopardy Clause, which prohibits subjecting any individual "for the same offense to be twice put in jeopardy of life or limb." This clause is commonly referred to as the Double Jeopardy Clause. Many individuals interpret this constitutional protection against double jeopardy to mean that a person cannot be retried for a crime for which they have been acquitted or convicted.

WHAT DOES DOUBLE JEOPARDY MEAN?

The Double Jeopardy Clause not only bars successive prosecutions but also prohibits imposing multiple punishments for the same criminal conduct. Thus, a person who has been convicted cannot be sentenced to, for instance, 10 years in prison and then subsequently sentenced to another 10 years for the same crime. Double jeopardy is a crucial legal concept, particularly as many criminal cases involve numerous counts and charges. A proficient team of criminal defense attorneys must be well-versed in double jeopardy legal doctrine to ensure that the accused is not subjected to multiple prosecutions for the same behavior and does not face multiple penalties. Double jeopardy arguments based on these grounds can, at times, lead to convictions being overturned on appeal. Here's a concise explanation.

Double jeopardy law is intricate. For instance, identical conduct may serve as the basis for separate prosecutions for distinct crimes without violating double jeopardy. However, your criminal defense team must be vigilant, as the distinct crimes must genuinely be different. Legally speaking, crimes are considered distinct if each one necessitates proof of at least one fact or element that the other does not.

As another illustration, double jeopardy prohibits prosecutors from securing multiple convictions by dissecting the behavior into fragments. For instance, suppose a criminal statute penalizes armed robbery, defined as theft involving the use of a deadly weapon. If the accused used a handgun, a shotgun, and a knife during the robbery, double jeopardy generally precludes the prosecution from filing three separate charges — one for each deadly weapon — based on the same set of circumstances. It's noteworthy that a "gap in time" might allow for more than one charge because, if there is a pause in the criminal conduct, one crime may be considered to have ceased while another may be deemed to have commenced at a later time.

Double jeopardy also extends to what are known as "predicate" offenses and crimes derived from those predicates. For instance, the Hobbes Act, a federal law, penalizes armed robbery, which could involve various weapons such as a knife or blunt object. Another federal law punishes using, brandishing, or discharging a firearm during a crime of violence. If the armed robbery was committed using a handgun, then the Hobbes Act crime serves as the "predicate" offense for a separate charge related to using a handgun during a "crime of violence." Double jeopardy prevents the prosecution from pursuing more than one subsequent charge based on a single predicate offense. Prosecutors often attempt this maneuver. For instance, hypothetically speaking, if the accused armed robber used a handgun, brandished it, and also discharged it during the robbery, prosecutors might endeavor to assert that three subsequent crimes were committed. However, the double jeopardy doctrine prohibits this.

Eligibility for Pre-Trial Diversion Programs

A defendant must meet certain requirements to be classified as eligible for participation in a pre-trial diversion program. He or she must be a first-time offender who is charged with a less serious offense like a misdemeanor. These programs are more common for juvenile criminal offenders because courts view these programs as helping juveniles keep their records clean and protect their future opportunities for success. Instead of being granted automatically, a defendant must request to participate in a pre-trial diversion program. In most cases, a judge will inform a person charged with an offense whether pre-trial diversion is an available option.

How Attorneys Can Help

Pretrial diversion has the potential to be beneficial for a person who is charged with a crime, but qualifying for these programs is often difficult. Fortunately, an experienced criminal lawyer can help increase the chances that you qualify for the program and answer any questions that you might have about the process.

Speak with an Experienced Criminal Defense Lawyer

If you are facing criminal charges, you should not hesitate to speak with an experienced attorney. It is important to act quickly because diversion is often not available after the arraignment process has occurred. 

Typical Federal Offenses & Strategies for Addressing Allegations

Common Federal Offenses & Charges

Individuals across the nation face the risk of being accused of various federal crimes, each carrying significant penalties. Therefore, it's crucial to mount a robust defense with the assistance of a criminal defense attorney when confronted with any criminal allegations. Below is an overview of prevalent federal crimes and potential defenses against such charges.

Federal Drug Offenses

Both federal and state jurisdictions can bring drug-related charges against individuals. Common federal drug offenses include drug distribution, manufacturing, trafficking, and possession. Federal drug charges typically arise when an individual is found transporting a substantial quantity of illicit substances.

Federal Mail Fraud

Mail fraud involves using U.S. mail or other mail carriers to perpetrate fraudulent activities. To prove mail fraud, prosecutors must demonstrate that an individual orchestrated a scheme to defraud others, induced them to relinquish money or property through deceptive means, intended to deceive, and utilized mail services to execute the scheme.

Federal Wire Fraud

Wire fraud entails using electronic communications, as opposed to postal services, to defraud others. Prosecutors must establish that an individual devised a fraudulent scheme for financial gain, executed the scheme, knew that wire communication was necessary for the fraud, and utilized interstate or foreign communications in the process.

Federal Bank Fraud

Bank fraud encompasses any scheme aimed at defrauding banks or financial institutions. Charges can be brought if an individual employs deceit, dishonesty, or other deceptive methods to obtain credit, assets, or securities.

Federal Conspiracy

Conspiracy occurs when two or more individuals conspire to commit a criminal act and take steps towards its completion. The actual commission of the crime is not required; merely taking a single action toward its execution suffices.

Defense Strategies Against Federal Charges

Several defense strategies can be employed in response to federal charges. Challenging the sufficiency of evidence gathered by law enforcement to prove each element of the case is a common defense tactic. Additionally, asserting violations of Fourth Amendment rights against unreasonable searches and seizures by law enforcement officers is another prevalent defense approach.

Federal Offenses and Strategies for Addressing Charges

Common Federal Crimes & Charges

People throughout the country are at risk of being charged with a variety of federal crimes. Each of these charges can result in serious penalties, which is why any criminal charges must be met with the strongest defense possible, with the help of a criminal defense attorney. The following takes a brief look at the most common federal crimes as well as some of the defenses that can be used in response to these charges.

Federal Drug Offenses

A person can end up facing drug charges on both a federal and state level. Some of the most common types of federal drug offenses with which individuals are charged include drug distribution, drug manufacturing, drug trafficking, and drug possession. Federal charges for drugs are often initiated when a person is determined to have been transporting a substantial amount of drugs.

Federal Mail Fraud

Mail fraud describes an activity that is performed through the use of the United States mail or any other type of mail carrier. To establish mail fraud, the prosecution must establish that an individual used a scheme to defraud others, the individual made statements that influence others to give up money or property, the individual acted with the intent to deceive others, and the individual used the mail to carry out a scheme.

Federal Wire Fraud Law

Wire fraud involves using communications over wires rather than through the mail. To be charged with wire fraud, the prosecution must establish that an individual created a scheme to defraud another for financial gain, the scheme was carried out to defraud others, that the individual had reasonable knowledge that wire communication was necessary to perform the fraud  and that foreign or interstate communication was used to commit the fraud.

Federal Bank Fraud Law

Bank fraud involves any scheme to defraud a bank or any other type of financial institution. A person can be charged with this offense if he or she uses deceit, dishonesty, or any other type of trick to obtain credit, security, or any other type of asset.

Federal Conspiracy Laws

Conspiracy arises when two or more individuals agree to commit a criminal offense and then take some action towards completing that crime. It is not required that the crime that was committed actually be committed. Instead, only one small step towards the commission of the offense is required.

Defending Against Federal Charges

There are fortunately several types of defenses that a person can raise in response to a federal offense. One of the most common defenses is establishing that law enforcement failed to gather a sufficient amount of evidence to prove each element of the case. Another common type of defense is that a law enforcement officer violated a person’s Fourth Amendment right against unreasonable searches seizures.

The impact a DUI can have on your license

(US criminal law) Being convicted of a DUI comes with many consequences, but one of the most overlooked is the effect a DUI conviction can have on your driver’s license. From the loss of driving privileges to points being added onto your license and more, being convicted of a DUI can truly wreak havoc on your ability to enjoy your vehicle for life.

Loss of Your Driver’s License

One of the most common penalties for DUI is the loss of a driver’s license for a predetermined period of time. In most states, even before you are convicted, your driver’s license can be temporarily suspended pending your trial. If convicted in court, you may then lose your driving privileges for a period of months or even years, depending upon the circumstances surrounding your case. If you have been convicted of multiple DUIs within a specified time period, some states may even revoke your driving privileges for life.

Points Added onto Your Driver’s License

Like virtually all other traffic infractions, a DUI could mean points being added onto your driver’s license. Most states have a points system in place for driving offenses, and once a driver receives too many points on their license due to traffic violations, they may face penalties, including the suspension of their driving privileges. Having too many points on your license can also affect your insurance premium costs and other vehicle-related expenses.

Lifelong Labeling

In most cases, a DUI conviction will also mean that you will have to have a special mark or notation placed on your driver’s license that denotes your prior DUI offense or offenses. This mark may be on the front or back of your license, and in virtually all cases, it will stay there for life. Having this label on your license is meant to identify you easily to law enforcement, but it may also bring great shame and embarrassment when you need to provide your license to others.

If You’ve Been Arrested

As a result of these harsh potential consequences, it’s important to protect yourself if you’ve been arrested and charged with a DUI, and one of the best ways to protect yourself in these cases is to partner with a criminal defense attorney. They are attorneys who specialize in DUI cases and will often have special knowledge as well as experience in investigating DUI-related arrests and criminal charges. Having this experience can mean the difference between being convicted and being found innocent. According to our car accident lawyer in Austin, a criminal defense attorney can examine all aspects of your case, including how your arrest was conducted, whether the testing equipment used against you was calibrated correctly and more.

Finally, it’s important to remember that you can avoid a DUI entirely simply by not drinking and driving. If you’re planning to go out and drink, always have a plan to get home safely. This may mean bringing along a designated driver, or it may mean using a taxi cab or public transportation. If you have been out drinking and you realize you’ve had too much to drive, call a friend or family member to come and pick you up. Whatever you do, don’t get behind the wheel. Remember, if you drink and drive, it may be the last time you drive your vehicle for a very long time.

The most effective method to have your case dismissed

Ways to get your case dismissed

You might be surprised to learn that not every defendant who is charged with a crime will end up in a trial or accepting a plea. Instead, some cases end up dismissed by either a court of law or the prosecution. One of the first steps that many criminal defense lawyers take is to determine whether there are any grounds on which a case can be dismissed. The following will review some of the most common grounds for obtaining a dismissal.

Lack of probable cause

To arrest an individual, law enforcement must have probable cause to believe that an individual committed a criminal offense. Law enforcement is prohibited from arresting an individual merely on a gut feeling. If you are able to establish that the prosecution does not have a sufficient amount of evidence to suggest that probable cause existed to arrest you, it is possible to obtain a dismissal of your charges.

Errors in criminal complaints

As part of writing a criminal complaint, a law enforcement officer is required to sign the document under oath and attest that the contents of the document are truthful. If a complaint is improperly written and submitted to the court, the prosecution might be required to dismiss the complaint that is initiated against you.

Illegal searches or seizures

Law enforcement is permitted to stop a vehicle or person only under certain conditions. If a law enforcement randomly stops a vehicle without sufficient cause, the stop will subsequently be classified as illegal because it violates the driver’s constitutional rights. In regards to searches, law enforcement can only perform a search if they have a lawful search warrant or an exception to the search warrant requirement applies. If law enforcement does not satisfy these requirements, any evidence that is seized from a search is likely to be classified as unconstitutional and can not be admitted in a court of law. If either a search or seizure was unlawful, a person will likely be able to obtain a dismissal of the case.

Insufficient evidence

If a person is arrested and faces pending criminal charges, the prosecution must establish that there was probable cause to believe that a person committed a crime. Similar to arrests, the evidence must show law enforcement’s basis for believing that a person committed a crime. If there is a lack of sufficient evidence to support the prosecution’s charges against a person, it is often possible to obtain a dismissal because there is not enough cause to move forward in the case.

Contact an experienced criminal defense lawyer

A criminal defense lawyer has the ability to evaluate a criminal case as well as the various available evidence to determine your available strategies to obtain a dismissal. At the Betty Blackwell-Austin Criminal Defense, we have helped a number of people successfully have their cases dismissed. 

How an appeal in a criminal case is filed

There is a tendency in the United States court system to uphold decisions made by lower courts. As a result, for an appellate court to hear an appeal, a person must demonstrate that there were errors made at the trial level. The error also must be material or substantial in nature. “Harmless” errors that have not had a substantial impact on the outcome of a case are almost always unable to form the basis for a successful criminal appeal. You can create a strong criminal appeal with the assistance of an experienced criminal defense attorney. Continue reading to learn how to file an appeal in a criminal case.

COMMON BASIS FOR SUCCESSFUL CRIMINAL APPEALS

There are several common reasons for successful criminal appeals, which include:

Abuse of discretion. In some types of criminal cases, judges have a wide range of discretion. If an appellate court determines that a judge abused discretion in making a decision, this means that the ultimate ruling was either erroneous or arbitrary in nature.

Ineffective assistance of counsel. Ineffective assistance of counsel means that a person’s Sixth Amendment rights were violated. In deciding an ineffective assistance of counsel case, courts determine whether a lawyer’s conduct undermined the judicial process.

Insufficient weight of evidence. Appellate courts tend to not view how evidence was presented in court or review an argument. As a result, appellate courts are often not in the best situation to assess the weight of evidence. It is possible, however, for an appellate court to decide that a lower court improperly weighed evidence in arriving at a decision.

Plain error. Any defect or error that affects a person’s rights can represent a plain error. Some of these errors can represent the basis of a successful criminal appeal. One of the most common types of plain error is when a judge miscalculates sentences following a conviction.

HOW TO FILE AN APPEAL IN A CRIMINAL CASE SUCCESSFULLY

Some of the steps that are commonly involved in successful criminal appeals include:

• A person retains the services of an experienced criminal appeals attorney.
• Notice of the appeal is filed with the appropriate trial court.
• Records of the appeal are obtained. An experienced attorney will then perform a thorough review of all of the documents and transcripts associated with the appeal to identify any potential legal errors.
• The appeal attorney prepares and files the appropriate brief. The brief will include details about what occurred in a person’s case as well as present arguments supporting a person’s appeal. The outcome of a large number of appeals relies on the details of a brief.
• You and an experienced lawyer will argue in front of the judges who will decide the outcome of your appeal. During the appeal, a person often will have the option to appear. During this time, judges will listen to each side’s argument, consider the merits of each argument, and issue a written decision that provides either an affirmation or reversal of a conviction.

SPEAK WITH AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY

It can be challenging to make a successful criminal appeal, but the assistance of an experienced criminal defense attorney can help greatly.

The Nuances Of Adolescent Criminality

The justice system in this country is designed to separate juvenile offenders from adult criminals. Young offenders are jailed and tried in a different court system than adults who have broken the law. While most jailed adolescents are released back into the public by the time they turn 21, if not sooner, most parents want to keep their children out of the justice system altogether. When they set out to protect their children from committing crimes, parents are encouraged to remember the impact of their children’s offenses and how these acts can impact their future, as well as that of the entire family.

Disruption Of The Family

Many young people do not have the maturity or the forethought to remember that their actions impact more lives than their own. Parents, however, do have this level of forethought and therefore are encouraged to do everything they can to educate their children about the far-reaching consequences of even the most seemingly harmless acts.

For example, a teen who steals another kid’s cell phone does not just put himself or herself at risk of being thrown out of school and arrested. If that young offender is arrested, they disrupt their family’s life and home. Parents should always try to remind their children that every action can greatly impact their present lives.

Interruption Of Their Education

Young offenders also take for granted how their actions can impact their education. They may not realize that even minor crimes can interrupt their current educational pursuits. Kids need to be reminded that if they commit a crime and are arrested, the justice system will more than likely require that they are withdrawn from their present school and placed in a correctional facility. Their education will continue while they are in jail; however, these young offenders will no longer be around their friends, no longer enjoy extracurricular activities and no longer be able to participate in sports. They sacrifice the best parts of their educational experiences when young people commit crimes.

Guiding Kids Away From Crime

Parents are not helpless when it comes to steering their children away from crime. Even if they work two jobs and have extremely busy lives, parents can lead their children toward a happy future by knowing about every aspect of their children’s lives. They should know who their kids’ friends are, where they spend time when they are not at school, what kind of music and TV they watch, monitor their time on the computer, and be vigilant for signs of criminal activity inside and outside their home.

Parents can also lead by example by refusing to affiliate with others who engage in criminal behaviors and by enforcing the rules in their homes. Having strict boundaries, researching online about teens and criminal behavior at sites, and following through on punishments can be a great way for parents to show children that all of their actions have consequences and that the adults in their lives only want the best for them.

Teenage crime can be a complex matter that impacts every aspect of a family’s life. Parents can guide their kids toward a life of happiness and productivity by imparting these lessons early and by remaining vigilant about what goes on inside and outside their homes.

Important Questions to Ask Before Employing A Criminal Defense Lawyer

Should you ever find yourself in a situation wherein you need a criminal defense attorney, it’s imperative to ascertain that the one you hire to represent you will be thoroughly committed to your best interest. Often, the most logical choice would appear to be a famous attorney—perhaps a name you’ve seen in the papers before—but this should not be the sole motivation behind your decision.

Prior to hiring a criminal defense attorney, law firms recommend obtaining more information about the legal professional first. This may be a tad time-consuming, but it’s a crucial process to undergo if you want to ensure the best outcome for your case. You can accomplish this by asking the right set of questions during the initial consultation.

What are the right questions to ask? A criminal defense attorney shares them below:

1. Is your law practice concentrated on criminal cases?
2. Have you had a case like mine before? What was the outcome of that case? (But don’t focus on that outcome! Your circumstances will always be different, no matter how slight, to the cases of others).
3. Will you personally be handling my case, or will you be passing it to an associate?
4. Will you be representing me in court?
5. If an associate will take over my case, what is his or her experience in handling cases like mine? How long have they been in practice and what credentials do they have that make them capable to defend or represent me?
6. How easily can I get in touch with you? Can I reach you personally or do I have to call the office first?
7. How will you keep me up to date about my case? By email? Text? Phone call?
8. What are the likely outcomes for my case and what are the legal options we could take?
9. Can you provide me an overview of the strategy you’ll use for a case like mine?
10. What are the fees that I need to prepare for?

These questions will provide a more solid idea of how your case will be handled, as well as of the results you can expect.

From the answers in the consultation provided by the criminal attorney, law firms explain that you can evaluate which among the attorneys you’ve consulted has the experience to secure your advantage in the legal proceedings, can provide you the best legal advice, is most reassuring and makes you feel comfortable, and has services that fit your budget.

After your evaluation, you will then be able to decide on the best attorney to hire and defend your case.

Facts About DUI Lawyers: Blood Alcohol Content Limit and Penalties for DUI

Drunk driving is an offense that many people get tangled with due to not knowing the alcohol limit in certain jurisdictions. Driving under the influence or DUI is an act of driving a motor vehicle where the driver’s ability is impaired due to alcohol consumption. Their blood alcohol level might have exceeded the legal limit mandated by state laws. Drivers who are below 21 years old have a lower legal limit. State limits range from 0.00 to 0.02. People facing charges can work with a DUI lawyer to help them navigate the process.

Drunk driving can be referred to as driving while intoxicated or impaired (DWI) or driving under the influence (DUI). Other terms for the criminal offense could be operating while impaired (OWI) or vehicle under the influence of alcohol (OVI).

The Bureau of Justice Statistics stated that there are an estimated 1.5 million drunk driving arrests that were made in the United States in 1996. It is a prevalent case running across all states for many decades. 29.1 million have admitted to having driven under the influence of alcohol in 2012. 1997 estimates showed that there were 513,200 offenders of the DUI crime and were placed under correctional supervision.

DUI CONSEQUENCES

People who were arrested for drinking and going out to drive while under the influence of alcohol have committed a serious crime and need a DUI lawyer to represent them. Driving a vehicle with some alcohol in a person’s systems has its own designations depending on the state that a person is in. Any offense related to drunk driving is treated as a serious crime and should not be taken lightly.

It must be noted that DUI-type offenses apply to any motorized vehicle and even non-motorized bicycles. It includes mopeds, lawnmowers, and motorized watercraft. Individuals who use skateboards or rollerblades will not be charged with a DUI if they were stopped and were intoxicated. However, they can still be charged with public intoxication, which can depend on the jurisdiction where the incident occurred.

The determination on whether a person is within the legal alcohol limits cannot be simply indicated through field sobriety tests. Nevertheless, the person’s blood alcohol concentration or BAC can be measured through a breathalyzer, urine or blood analysis. These measures are used to clearly determine if a person is able to meet the standard level of legal intoxication.

In the US, the universally accepted BAC would be at 0.08 based on the federal standards that can determine the legal intoxication. Some jurisdictions may have their own variations. Individuals with a BAC starting from 0.08 or more have very little defense when going into the court and defending their sobriety. They might have a chance if they work with an experienced DUI lawyer who can question the method in which the BAC was measured. A person’s BAC is a definitive standard that can determine an individual’s intoxication. If a person passes all field sobriety tests but fails the BAC, they will still be subjected to arrest.

There are jurisdictions where a person tested lower than the limit of their BAC level yet they can still be charged with DUI offenses on their behavior. The manner of driving or being involved in an accident with a certain alcohol level in their BAC is at risk of being arrested for DUI. This measure is done due to some state officials and judges who consider that any alcohol level within a person’s system has the potential to impair their judgment and ultimately, their driving ability.

STATE BAC’S DIFFERENCES

An individual who is within a state or simply visiting a jurisdiction must know the legal BACs. According to Benari Law, Pennsylvania has a three-tier Blood Alcohol Content system. Tier 1 is called the general impairment which is at 0.08. Tier 2 is at 0.10 while Tier 3 is at 0.13. This three-tier system is used in all states. The 0.08 level is used on all tier 1 systems for the entire United States. The differences of the state would be on tier 2 and tier 3 with some small .01 differences in BAC levels.

DUI offenses are not limited to alcohol use. People operating vehicles or motor-run units who are under the influence of drugs, both controlled and over-the-counter types of drugs can be arrested within the same offense.

WHY WOULD A DUI DEFENDANT NEED A LAWYER?

As previously mentioned, DUI is a serious offense. If arrested, an individual will spend time in jail. The arresting officers have the authority to remove a person from the road. This would mean that the individual will be brought to the police station, go through the booking process, and place the person in jail until a bond has been posted. A DUI lawyer is needed to look into the method of BAC testing and help the client use legal grounds for his or her defense.

What To Do In The Event Of A Traffic Accident

Being involved in a traffic accident can be one of the most stressful events you’ll ever experience, and whether it was your fault or not, you need to be aware of your legal rights as well as knowing what to do both at the scene of the accident and afterwards.

After all, depending on the circumstances, you could be subject to motoring prosecution for careless or dangerous driving, for example, and you may need to make a personal injury claim for compensation.

Either way, here are a few basic tips to make sure you do everything by the book.

At The Scene

The first thing you need to do after a road accident has occurred is – quite obviously – stop. Even if you weren’t directly involved in the incident yourself, if you saw what happened you could end up being a key witness. Your next priority is then to check if anyone has been injured and call for the necessary emergency services – an ambulance for people needing urgent medical attention, and also the police if the road has become blocked or if anyone has fled the scene.

You’ll then need to start gathering information: exchange details (name, address, phone number, vehicle information, insurance information etc) with every driver involved in the accident, as well as gathering the same details (minus insurance info) from any witnesses. It will also be incredibly useful to write down as many details of the accident as possible (note them on a phone or in a notebook if you carry one in your car). This can include the time of the accident, the weather and road conditions, exact location (including street names), damage to the vehicles and information concerning skid marks. It can also be very helpful to make a sketch of the scene of the accident or take photos if you have a camera or camera phone with you. Any type of evidence will come in handy later for insurance claims or if judicial action is required.

After The Initial Accident

You’ll obviously need to inform your insurance company if any damage was inflicted on your or someone else’s vehicle, and if the police ask for a valid insurance certificate (this can also be requested by other people involved in the accident), one must be produced either immediately or taken to a local police station within seven days of the accident. It is worth noting that if the police suspect a crime has been committed, they can check the insurance information of a certain car or driver using a database, and can seize the vehicle if it is being driven while uninsured.

Seeking Professional Help

Of course, this is just a very brief look at your rights and what you should do in the event of an accident. For more information concerning road traffic law – or if you want to proceed with legal action due to a road accident – a specialist solicitor will be able to help you, whether you are the victim of someone else’s dangerous driving or if you were involved in an accident where you were at fault. A firm that has experience in road traffic law will be able to impart their knowledge on this legal area and give you professional advice on what to do next.

What is the procedure for a criminal trial?

Knowing how criminal trials operate

One of the first things you might wonder, regardless of whether you are charged with a misdemeanor or a felony, is "What can I expect from the criminal trial process? The criminal trial process can be frightening and perplexing for many people. If you are accused of a crime, it is beneficial to have a solid understanding of the criminal trial procedure so that you can get ready for what is ahead. The common elements of a criminal trial will be reviewed in the following. It is a good idea to seek the advice of an accomplished criminal defense lawyer if you are facing charges.

Arrest

When a law enforcement official has probable reason to support an arrest warrant or witnesses someone committing a crime, an arrest is made. Following an arrest, the person will be placed under arrest by the police. The next step is for the person to appear before a judge, which usually happens 24 hours after the arrest.

First Observation

When someone makes their first appearance before a judge, it's called an initial appearance. A judge will read the charges against the defendant and go over some of their fundamental rights during this meeting. Whether the person should stay in jail or be released on bond will be determined by the judge. A preliminary hearing will be scheduled by the judge during the initial appearance.

Preliminary Hearing

A judge will decide whether there is reasonable cause to believe that a person committed the alleged offense during a preliminary hearing. Any witnesses the prosecution calls will also be subjected to a cross-examination by a criminal defense lawyer. A grand jury may occasionally be called by the prosecution to demonstrate that there is enough probable cause.

Arraignment

The arraignment process involves an individual’s decision to plead either guilty, not guilty, no contest, or another special type of response like an Alford plea. During the arraignment process, the judge will review the bail amount and set the next court date.

Trial

If a person decides to plead not guilty, the case will proceed to trial. The trial will occur in front of a judge and/or jury. At trial, you have the constitutional right to decide if you want to testify. The prosecution will also present witnesses as well as introduce evidence that shows you committed the offense in question. Your criminal defense attorney will respond by challenging the testimony and evidence presented by the prosecution. At the conclusion of a trial, a judge or jury will reevaluate the evidence and decide whether the prosecution established that you satisfied each element of the charged offense.

Sentencing

Within 30 days of pleading guilty or being found guilty, a judge in a court of law will conduct a sentencing hearing. The judge during this time will determine the punishment that the convicted individual will face.

How Can a Suppression Hearing Help My Post-Conviction Appeal or Criminal Defense?

A move to suppress or exclude evidence from being used at trial is heard at a "suppression hearing," which is held before a criminal trial judge. Suppression hearings are almost always held prior to the start of the criminal trial. Such motions are governed by Federal Rule of Criminal Procedure 41(h) in federal criminal proceedings. The majority of states hold suppression hearings in accordance with comparable procedural standards.

A criminal defense team may file a motion to exclude evidence for a variety of reasons. All of the justifications, meanwhile, must be connected to a U.S. provision in some way. a particular statute allowing the exclusion of evidence, the constitution, or a state constitution. The exclusionary rule, a judge-made rule that "punishes" violations of a defendant's constitutional rights by excluding evidence that was gathered or obtained as a result of such violations, is typically the foundation for a defense move to suppress. For example, if a police officer unlawfully stops a person on the street and conducts a search of their person and belongings, any evidence found and seized — like drugs or a weapon — can be excluded from being used as evidence at a subsequent criminal trial. Because the stop was unlawful, the search and seizure of evidence was unlawful — done in violation of constitutional rights. Under the “exclusionary rule,” the evidence seized must be excluded.

What Happens At A Suppression Hearing?

After the defense counsel files a motion to suppress, the case will set a date and time for a hearing. Often, the judge will also allow the prosecutors to file a response to the motion. At the hearing, a “mini-trial” will occur before the judge; no jury is present. Attorneys for the prosecution and the defense are present along with witnesses and the criminal defendant. Usually, the witnesses are the law enforcement officials who were involved in collecting the evidence that is the subject of the motion to suppress. The prosecution has the burden of showing that the evidence was collected without violation. Thus, the prosecution will start with their witnesses — who are sworn under oath — subject to cross-examination by the defense attorneys. Sometimes, the defense has witnessed and they will give testimony — also sworn under oath — subject to cross-examination by the attorneys for the prosecution. Usually, other types of evidence are also offered like documentary evidence, photos, and video recordings. After the witnesses are finished and other evidence is offered, counsel for the prosecution and the defense provide oral arguments for the judge and — sometimes — respond to questions from the judge.

After hearing the witnesses, reviewing the evidence, and considering the arguments, the judge will issue a ruling.

How Can A Suppression Hearing Help My Case?

If the judge rules in favor of the criminal defendant, then the evidence at issue will be excluded from use at trial. This is often a significant victory for the defendant since, often, this type of evidence is central to the prosecution’s case. Without the evidence, many times, the prosecution cannot proceed with the criminal case, or certain charges will have to be dropped.

How Can A Suppression Hearing Help With Post-Conviction Appeals?

Even if the criminal defense loses the motion to suppress, the adverse ruling by the judge may be the basis for a successful post-conviction appeal. Judges make mistakes at suppression hearings and any error by the judge can lead to a reversal and a new trial.

The Levels Of Federal Courts

Since the creation of the United States, the federal system has evolved. The federal court system began with Article III of the Constitution, which acknowledged that the primary judicial power in the United States rested in the Supreme Court. The Constitution also gave Congress the ability to create courts “below” the Supreme Court as necessary.

As a result, there are three levels to the current federal court system:

District courts. These 94 courts are where federal cases are tried. Judges elected to these courts serve eight-year terms. Primarily, these courts handle criminal cases including the setting of bail and issuing of search warrants.

Appellate courts. There are 12 circuit courts in the United States, which were created by Congress to reduce the Supreme Court’s caseload as well as to hear cases from the 94 district courts.

The Supreme Court. The Supreme Court is the highest court in the country.  

Executive branch courts. Not actually part of the judicial branch of government, there are a number of federal courts tasked with hearing a number of unique cases including taxes, veterans claims, and armed forces issues.

Selecting A Skilled Appellate Lawyer

It is often a good idea to ask your trial lawyer if he or she has any recommendations for who might be able to provide strong appellate assistance. You might also ask your friends if they can refer an attorney who can provide strong assistance in navigating an appeal. A recommendation, however, should not be enough to satisfy your search for an appellate attorney. Instead, it is critical to ask a number of questions about the skills of a potential appellate attorney. Some of the factors to consider include how long the appellate attorney has been practicing and the degree to which the attorney focuses on criminal appeals.

In addition, it’s important to look at an attorney’s track record of success in handling criminal appeals. The appellate process is extremely complicated and requires a different set of skills than representing a defendant at trial. When you talk to a lawyer that you are considering retaining for your appeal, you should ask about his or her law school experience, whether he or she has practiced in the United States Courts of Appeals, and whether he or she has obtained favorable court decisions in the past.

There is a substantial variety in the appellate skills of lawyers. Because a small number of criminal appeals are successful, it is vital to obtain the assistance of the best criminal appeals lawyer possible. While a good appellate lawyer can increase the chances that your case resolves in a positive manner, a less than stellar appellate lawyer can negatively impact the future of your case.

What Is Drunk Driving?

There’s nothing wrong with having a few drinks to take some of the load off after a hard day’s work or kicking back with some buds on a Friday night. However, no amount of stress relief is worth risking your life and the lives of others.

Drinking and driving is a serious offense for a good reason: people die from it all the time. Drinking and driving is sometimes called driving under the influence (DUI) or driving while intoxicated. It involves operating a motor vehicle with a blood alcohol content level of .08 or above.

However, even BAC levels below this can be dangerous in driving situations. Some drivers might not even exhibit intoxication while operating but that doesn’t mean it’s any less risky.

How Alcohol Affects Driving Ability

Every day, an average of 28 people die from drunk driving-related accidents. But why? So many people get injured or die in drunk driving accidents because the substance impairs brain function, thinking, reasoning, and motor functions. All these abilities are essential when operating a machine.

As a person’s BAC rises, so too do the effects of alcohol on that person, causing them to make increasingly ill-advised decisions and compromising their ability to operate a motor vehicle. People absorb alcohol through the walls of the small intestine and it passes into the bloodstream. Once it hits the bloodstream, its impairing effects start to take hold.

Best way to get your case dismissed

Ways to get your case dismissed

You might be surprised to learn that not every defendant who is charged with a crime will end up in a trial or accepting a plea. Instead, some cases end up dismissed by either a court of law or the prosecution. One of the first steps that many criminal defense lawyers take is to determine whether there are any grounds on which a case can be dismissed. The following will review some of the most common grounds for obtaining a dismissal.

Lack of probable cause

To arrest an individual, law enforcement must have probable cause to believe that an individual committed a criminal offense. Law enforcement is prohibited from arresting an individual merely on a gut feeling. If you are able to establish that the prosecution does not have a sufficient amount of evidence to suggest that probable cause existed to arrest you, it is possible to obtain a dismissal of your charges.

Errors in criminal complaints

As part of writing a criminal complaint, a law enforcement officer is required to sign the document under oath and attest that the contents of the document are truthful. If a complaint is improperly written and submitted to the court, the prosecution might be required to dismiss the complaint that is initiated against you.

Illegal searches or seizures

Law enforcement is permitted to stop a vehicle or person only under certain conditions. If a law enforcement randomly stops a vehicle without sufficient cause, the stop will subsequently be classified as illegal because it violates the driver’s constitutional rights. In regards to searches, law enforcement can only perform a search if they have a lawful search warrant or an exception to the search warrant requirement applies. If law enforcement does not satisfy these requirements, any evidence that is seized from a search is likely to be classified as unconstitutional and can not be admitted in a court of law. If either a search or seizure was unlawful, a person will likely be able to obtain a dismissal of the case.

Insufficient evidence

If a person is arrested and faces pending criminal charges, the prosecution must establish that there was probable cause to believe that a person committed a crime. Similar to arrests, the evidence must show law enforcement’s basis for believing that a person committed a crime. If there is a lack of sufficient evidence to support the prosecution’s charges against a person, it is often possible to obtain a dismissal because there is not enough cause to move forward in the case.

Contact an experienced criminal defense lawyer

A criminal defense lawyer has the ability to evaluate a criminal case as well as the various available evidence to determine your available strategies to obtain a dismissal. At the Betty Blackwell-Austin Criminal Defense, we have helped a number of people successfully have their case dismissed. 

Reasons to appeal a criminal case

Receiving a criminal conviction is not always the end of the road. While it might seem like it is, a criminal conviction often begins the process of deciding how to create a successful appeal, which involves questioning a court’s legal basis for making a decision. There are a number of ways in which an appeal can be used to show that an error in judgment was made. Short of the most obvious factual errors, appellate courts rarely view the facts associated with a case to determine if any factual errors were made. Continue reading to learn about the various reasons to appeal a criminal case.

8 Reasons to appeal a criminal case

The purpose of this article is to discuss some of the most common reasons to appeal a criminal case. To create a successful appeal, a lower court’s errors must be material in nature or of such a degree that the errors affect the outcome of a person’s case. 

False Arrest

If a person was falsely arrested for an offense, there is a strong legal defense to a conviction on which an appeal can be based. False arrest is found to occur when law enforcement arrests an individual without probable cause for a warrant or when an arrest does not fall into one of the many warrant exceptions. 

Incorrect Jury Instructions

At the end of all criminal trials in which a jury is involved, a judge will provide jury instructions that describe the manner in which jurors are to handle the applicable law as applied to the case being heard. 

While many judges are able to skillfully handle jury instructions, this is not always what happens. When a judge fails to inform a jury about how the law should be applied or fails to include all of the law applicable laws for a verdict, an appeal can likely be created. 

Improper use of evidence

Prior to nearly every criminal trial, a hearing occurs, at which time it is decided what evidence will be allowed in a trial. While the prosecution and defense will have different arguments about what evidence should be let in, these matters are ultimately resolved by a judge. 

In some cases, however, judges make improper decisions regarding the use of evidence and either exclude proper evidence or allow improper evidence to be used. In these situations, it is possible to bring the error of how evidence was handled upon appeal. An appellate court will then be tasked with reviewing the evidence in a case and making a decision about whether the lower court committed a legal error in handling the evidence.  

Even if it is decided that it was an error for a judge to allow evidence into trial, an appellate court must then decide whether the error was substantial enough to affect the outcome of the case.

Lack of adequate evidence

To convict a person of a criminal offense, the prosecution must establish that a person committed each element of the offense beyond a reasonable doubt. If a person is convicted of a criminal offense as a result of insufficient evidence, it is possible to create a strong appeal. 

In many situations where a person was convicted of an offense based on inadequate evidence, this is an indicator that a jury made a decision to conviction as a result of either emotions or prejudice. 

While errors in handling evidence are known to occur, these appeals are frequently difficult to obtain. Often, these appeals are only possible to obtain if it can be demonstrated that the weight of the evidence in a case did not support a guilty verdict and that another factor led to a court’s decision.

Juror misconduct

Being a juror is not a responsibility to be taken lightly. Instead, jurors must observe a number of rules designed to make sure that they reach an impartial decision. 

Unfortunately, juror misconduct is known to occur. If it can be demonstrated that a juror acted inappropriately in reaching a decision to convict, this can form the basis for a strong appeal. 

Unlike some of the other reasons for criminal appeals, juror misconduct appeals are fairly common. Some of the most common examples of how jurors can act inappropriately include inappropriate communication between jurors and witnesses or attorneys. 

Sentencing errors

The sentencing phase is frequently complex and can result in sentencing errors. The type and number of offenses, as well as previous criminal convictions, impact the way in which a person is sentenced. Based on the offense involved, there are also a number of unique rules that judges must follow during the sentencing phase. 

Unfortunately, errors handling all of this information are known to occur and can lead to robust appellate strategies.

Ineffective assistance of counsel

In accordance with the law in the United States, every individual has the right to counsel. There is also a right to counsel who will provide effective representation. When reviewing cases, appellate courts have traditionally allowed attorneys to have great discretion in the strategies that they decide to employ during a trial. 

A defendant must demonstrate that a lawyer’s conduct prejudiced a person to the degree that it affected the outcome of a case. Some of the most common examples of ineffective representation by counsel include failure to introduce adequate evidence or failure to motion for a mistrial while misconduct by jurors or the prosecution was occurring. 

Unethical acts by the prosecution

Unethical acts by the prosecution can result in the grounds for a strong appeal. Similar to other appellate grounds, a person must demonstrate that unethical acts by the prosecution were to such a degree that they influenced the outcome of a case. 

Most commonly, this misconduct includes prosecutors who made inappropriate comments during the trial or who intentionally misstated the law. In response to the unethical behavior of this nature by the prosecutor, judges will often attempt to cure the situation by instructing the jury to disregard comments that were made by the prosecution. 

Learn about your appeal options in a criminal case

Understanding reasons to appeal criminal case is complicated and the criminal appellate process can be challenging to navigate. If you need the assistance of an experienced criminal appeals attorney, do not hesitate to contact the Law Office Of Betty Blackwell today to schedule a initial consultation.

Effects a DUI Can Have on Your License

(US criminal law) Being convicted of a DUI comes with many consequences, but one of the most overlooked is the effect a DUI conviction can have on your driver’s license. From the loss of driving privileges to points being added onto your license and more, being convicted of a DUI can truly wreak havoc on your ability to enjoy your vehicle for life.

Loss of Your Driver’s License

One of the most common penalties for DUI is the loss of a driver’s license for a predetermined period of time. In most states, even before you are convicted, your driver’s license can be temporarily suspended pending your trial. If convicted in court, you may then lose your driving privileges for a period of months or even years, depending upon the circumstances surrounding your case. If you have been convicted of multiple DUIs within a specified time period, some states may even revoke your driving privileges for life.

Points Added onto Your Driver’s License

Like virtually all other traffic infractions, a DUI could mean points being added onto your driver’s license. Most states have a points system in place for driving offenses, and once a driver receives too many points on their license due to traffic violations, they may face penalties, including the suspension of their driving privileges. Having too many points on your license can also affect your insurance premium costs and other vehicle-related expenses.

Lifelong Labeling

In most cases, a DUI conviction will also mean that you will have to have a special mark or notation placed on your driver’s license that denotes your prior DUI offense or offenses. This mark may be on the front or back of your license, and in virtually all cases, it will stay there for life. Having this label on your license is meant to identify you easily to law enforcement, but it may also bring great shame and embarrassment when you need to provide your license to others.

If You’ve Been Arrested

As a result of these harsh potential consequences, it’s important to protect yourself if you’ve been arrested and charged with a DUI, and one of the best ways to protect yourself in these cases is to partner with a criminal defense attorney. They are attorneys who specialize in DUI cases and will often have special knowledge as well as experience in investigating DUI-related arrests and criminal charges. Having this experience can mean the difference between being convicted and being found innocent. According to our car accident lawyer in Austin, a criminal defense attorney can examine all aspects of your case, including how your arrest was conducted, whether the testing equipment used against you was calibrated correctly and more.

Finally, it’s important to remember that you can avoid a DUI entirely simply by not drinking and driving. If you’re planning to go out and drink, always have a plan to get home safely. This may mean bringing along a designated driver, or it may mean using a taxi cab or public transportation. If you have been out drinking and you realize you’ve had too much to drive, call a friend or family member to come and pick you up. Whatever you do, don’t get behind the wheel. Remember, if you drink and drive, it may be the last time you drive your vehicle for a very long time.

The Complexities Of Teen Crime

The justice system in this country is designed to separate juvenile offenders from adult criminals. Young offenders are jailed and tried in a different court system than adults who have broken the law. While most jailed adolescents are released back into the public by the time they turn 21, if not sooner, most parents want to keep their children out of the justice system altogether. When they set out to protect their children from committing crimes, parents are encouraged to remember the impact of their children’s offenses and how these acts can impact their future, as well as that of the entire family.

Disruption Of The Family

Many young people do not have the maturity or the forethought to remember that their actions impact more lives than their own. Parents, however, do have this level of forethought and therefore are encouraged to do everything they can to educate their children about the far-reaching consequences of even the most seemingly harmless acts.

For example, a teen who steals another kid’s cell phone does not just put himself or herself at risk of being thrown out of school and arrested. If that young offender is arrested, they disrupt their family’s life and home. Parents should always try to remind their children that every action can greatly impact their present lives.

Interruption Of Their Education

Young offenders also take for granted how their actions can impact their education. They may not realize that even minor crimes can interrupt their current educational pursuits. Kids need to be reminded that if they commit a crime and are arrested, the justice system will more than likely require that they are withdrawn from their present school and placed in a correctional facility. Their education will continue while they are in jail; however, these young offenders will no longer be around their friends, no longer enjoy extracurricular activities and no longer be able to participate in sports. They sacrifice the best parts of their educational experiences when young people commit crimes.

Guiding Kids Away From Crime

Parents are not helpless when it comes to steering their children away from crime. Even if they work two jobs and have extremely busy lives, parents can lead their children toward a happy future by knowing about every aspect of their children’s lives. They should know who their kids’ friends are, where they spend time when they are not at school, what kind of music and TV they watch, monitor their time on the computer, and be vigilant for signs of criminal activity inside and outside their home.

Parents can also lead by example by refusing to affiliate with others who engage in criminal behaviors and by enforcing the rules in their homes. Having strict boundaries, researching online about teens and criminal behavior at sites, and following through on punishments can be a great way for parents to show children that all of their actions have consequences and that the adults in their lives only want the best for them.

Teenage crime can be a complex matter that impacts every aspect of a family’s life. Parents can guide their kids toward a life of happiness and productivity by imparting these lessons early and by remaining vigilant about what goes on inside and outside their homes.