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.

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. 

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.

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.

Mandated Treatment: Is it Helping?

If a person is convicted of a crime stemming from an incident when they were under the influence of drugs at the time — and have no previous convictions, are addicted to drugs or alcohol, are willing to comply with a court mandate, and are willing to plead guilty to the crime — they may be able to avoid prison by agreeing to enter a mandated drug rehabilitation program instead. Their case may be transferred to a drug court, where the convicted will avoid jail by agreeing to serve a rehabilitation sentence instead.

Whether or not court ordered rehab works is up for debate, as many argue that rehab must be voluntary, not mandated, in order to be effective. However, certain research proves the contrary: that participants of forced rehabilitation do just as well or better than their voluntary counterparts.

Data on Effectiveness of Mandated Treatment
The National Criminal Justice Reference Systems has published data supporting the use of court-order rehabilitation. Before detailing the why of how forced rehabilitation works, it is essential to look at the hard numbers. In a study that examined 11 separate cases of compulsory substance abuse cases, the outcomes of these cases suggested that use of the criminal justice system was an effective means of treatment. Out of the 11 cases that analyzed the relationship between legal coercion and treatment outcomes, four reported no behavioral differences after treatment, two cases had a negative outcome, and five –the majority– reported a positive outcome.

Why Mandated Treatment Works
In the same report mentioned above, researchers concluded that one of the main reasons mandated treatment works so well is the fact that ‘mandatory’ is not synonymous with ‘involuntary,’ suggesting that many people who enter rehabilitation programs on a court order desire to participate in the programs regardless of their court sentence. In a study of male inmates in Texas, 50 percent of surveyed inmates stated that they would be interested in participating in a drug or alcohol rehabilitation program even if it meant extending their prison stay by three months.

Another study showed that clients who enter treatment under suggestion (not requirement) from the judicial system would have perhaps sought treatment anyway, with 39.8 percent of clients stating that they think they would have entered treatment regardless. For those clients who entered treatment as a requirement from a court mandate, 42.6 percent reported that they think they would have entered rehab without pressure from the judicial system.

The role of internal motivation is incredibly important when talking about drug or alcohol rehabilitation. While some entering court ordered rehabilitation might not be internally motivated right away, the program may still work. With time, patients can become more accepting of their addictive tendencies, and more willing to submit themselves to treatment.

Conditions for Ensuring Effective Treatment
While data has shown that court-mandated drug and alcohol rehabilitation is just as effective as voluntary rehabilitation, researchers have found that this effectiveness is conditional to the following terms: the period of intervention should be lengthy, ideally between 3-9 months; treatment programs should provide a high level of structure and include psychiatric services, vocational training, and GED options for clients on an individual basis; programs must undergo consistent evaluation to determine their level of effectiveness; and programs must be flexible and able to meet the needs of all clients.

The Effects of Blood Alcohol Concentration

.02

At 0.02 BAC, people experience minor loss of judgment and inhibition, slight body warmth, and altered mood.

0.04

At 0.04 BAC, people may start to experience unusual behavior tendencies, some loss of muscle control, impaired judgment, lowered alertness, and release of inhibitions.

.08

Muscle coordination continues to deteriorate and balance, speech, vision, reaction, time, and hearing all experience alterations. Memory, self-control, and reasoning also change.

.10

Reaction time and motor function are more clearly impaired, along with speech and coordination. Slowed thinking becomes evident.

.15

A marked drop in motor function, along with potential vomiting and major loss of balance, occurs. 

Preparing For A Pretrial Hearing

A pretrial hearing refers to a meeting between parties in a case that occurs before a trial. In criminal cases, these parties are often the prosecution, the person being charged with the criminal offense, that individual’s lawyer, and a judge. 

During a criminal trial, a pretrial hearing helps to resolve a number of obstacles including administrative issues. While often required by a court of law, it is often also possible for the defendant to request a pretrial hearing. 

The following will review some of the helpful steps that should be followed in the preparation of a pretrial hearing.

Discuss Matters With Your Attorney Before The Pretrial Hearing

Instead of waiting until immediately before the pretrial hearing to discuss details about your case with your attorney, it is possible to review matters with your lawyer in advance to make sure that any potential issues are fully addressed. 

In some situations, it is possible for important details related to your case, including police reports and plea offers, to be given to your attorney in advance of the trial. 

By discussing matters with your lawyer a sufficient amount of time in advance, you can make sure that you are as prepared for the pretrial hearing as possible. 

Write Down The Key Events In Your Case

To prepare yourself for what will be discussed during your trial, it is important to write down what occurred following your arrest or charge. Some of the details that it can be helpful to record include where witnesses were located at the scene, what statements were made, what law enforcement said, and a timeline of the events that occurred in your case. 

In some cases, your version of events might contrast with what law enforcement report happens. Being able to pinpoint these small differences can sometimes make a substantial impact on the outcome of a case. 

Determine The Accuracies (And Inaccuracies) In The Police Report

If you are able to contact your attorney before a pretrial hearing, it is likely that the lawyer will be able to provide you with a copy with a police report. You should take time to read this report and determine the areas that the responding officer recorded correctly and incorrectly. You should then raise these concerns with your lawyer so that they can be brought up during the pretrial hearing. In the most serious cases, it might even be possible to demonstrate through a police report that your constitutional rights were violated during an arrest and that the charge should be reduced or dismissed.

Determine How A Criminal Conviction Could Affect You

Many people discover that a criminal conviction can affect their lives in a number of ways. If you are professionally licensed, there is a possibility that you might lose your license, which can create a number of substantial obstacles in achieving your career and financial goals. 

Many people also discover that their reputation in the community is negatively impacted as the result of a criminal charge and conviction. By understanding exactly what is on the table during these negotiations, you will gain a better understanding of what is involved. 

Bring Your Calendar

During a pretrial conference, later court dates will be set. By understanding the various commitments that you will have, you can schedule appropriately with the court and opposing attorneys. 

Failure to appear before the court can result in very serious consequences, which is why it is important to write down the date for later court sessions and make sure that you appear on time.

By being responsible and proactive about scheduling a date, you also convey to the judge that you are taking matters seriously. 

Prepare For The Unexpected And Stay Focused

There are a number of other unexpected things that can happen as your criminal case works its way through the legal system. It is a wise idea to prepare for the numerous contingencies that can arise. You should try to predict the worst possible thing that the other side could say as well as what the weakest elements of your case might be. 

The other side will likely emphasize these points. By preparing in advance, however, you can create a strategy to handle or respond to these complications. If there are any weaknesses, you can determine how to treat them or preempt them. Some people even go so far as to practice what they will say during the hearing.

Know What To Expect During A Pretrial Hearing

By understanding the role the pretrial hearings play, you can better prepare for this part of your case. Some of the reasons why pretrial cases are heard are to allow parties to exchange details about their case in preparation of trial as well as to help judges gain a better understanding of the parties and issues involved in the case. 

A few of the issues that arise during a pretrial hearing include:

• Establishing basic rules for future court proceedings
• Making motions for dismissal or summary judgment
• Presenting arguments about what evidence and witnesses can be used in the trial
• Scheduling a trial date as well as other pending proceedings

Judges will often issue immediate rulings on any issues that are raised during the pretrial conference. In situations in which more time is needed to resolve a case, a judge might establish an additional meeting to resolve the issue. 

In other cases, issues presented during the pretrial hearing will not be resolved until the trial. While these are not all of the issues or elements that can arise during a pretrial hearing, by understanding the basic role that pretrial hearings play, you can better prepare for your own.

The Role of Jury

In criminal law, under the federal Constitution and under State laws, a criminal defendant has a right to a jury trial. But, what does this mean? What is the role of the jury in criminal trials?

In brief, the role of the jury is to hear and see the evidence, to follow the law, to deliberate after all the evidence has been presented and to decide whether or not the accused is guilty of one or more of the charges. But, the role of the jury is a bit more complex. Here is what you need to know.

Where Do The Jurors Come From?
Under constitutional and statutory law, the jury must be composed of the accused “peers.” Under modern law, that means persons from the community where the crime occurred. Generally, jurors are selected from those who have registered to vote. The court sends out notices to a certain number of voters in the local community requiring that they appear at the courthouse for possible selection as a juror. The rules are different depending on the locality, but, maybe once every couple of years, a person is notified of their possible jury service. This creates a “jury pool” for each day at the courthouse.

Selecting The Jury
For a criminal trial, the specific jury is chosen from the “jury pool” through a process called a “voir dire.” What happens is that the judge has a group of potential jurors brought to the courtroom — often in “panels” of 12. The voir dire involves asking each person various questions to ensure that they can be impartial when deliberating and deciding on the guilt or innocence of the accused. Some potential jurors will be dismissed from the pool because their answers suggest that they will be biased for or against the accused. The judge will go through as many panels of potential jurors until there are sufficient jurors for the trial. Generally, several alternate jurors are chosen in case one or more jurors are dismissed or cannot continue after the trial has begun.

Paying Attention
As noted, one role of the jury is to pay attention and listen to the evidence. This means that the individual jurors have the duty to pay attention when testimony is being presented or documents are being introduced into evidence. If it is noticed that a juror is NOT paying attention — like falling asleep or reading a book — that juror can be dismissed during the trial. Further, jurors are only allowed to consider the evidence presented. Thus, a juror cannot conduct an independent “investigation” or talk about the case with others.

Following The Law
When all the evidence has been presented, the jury is given instructions by the judge. For example, the judge will instruct the jury on what legal elements that the prosecution must have proven for each of the criminal charges made against the accused. For example, first-degree murder generally requires proof that:

A person was killed
By the accused
With intent

So, another role of the jury is to ensure that the prosecutors have proven beyond a reasonable doubt each required legal element in order for the jury to make a finding of “guilt.” If some element was not sufficiently proven, then the jury has a duty to follow the law — following the instructions given by the judge — and find the accused innocent.

Deliberating
Finally, after being instructed by the judge, the jury is placed in a secluded room for deliberation. The individual jurors have a duty to discuss the evidence and apply the instruction and, ultimately, make a decision on guilt or innocence.

Post-conviction Appeals And Jury Misconduct
Failure of the jury to properly execute its role can be the basis for a post-conviction appeal. This may involve individual jury misconduct — such as a juror discussing the case with non-jurors — or it may involve the whole jury engaging in misconduct — such as disregarding the judge’s instructions.

Criminal Case: 8 Reasons To Appeal

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.

Choosing A Defense Attorney For A Successful Appeal

Choosing A Defense Attorney To Appeal Your Case

When you’re facing a criminal case in federal district court, it’s vital that you select the right criminal defense lawyer for you. What happens in the trial court can have a significant impact on your rights and your future, and often public defenders are too overburdened to provide the strongest defense possible in a serious federal case.

In the unfortunate event that your attorney was unable to secure a favorable outcome at trial, there’s a very strong chance that you are interested in appealing your case to the federal appellate courts. It’s important to understand that appellate practice is significantly different than trial practice, so it’s in your best interest to find an appellate attorney who specializes in criminal appeals.

To select a defense attorney for your appellate case, it is critical to have a firm understanding of what the appeal process involves and to fully research the attorneys who offer appellate services. If you are currently faced with the option of pursuing an appeal, you should not hesitate to obtain the assistance of an experienced defense attorney who can make certain that your case resolves in the best possible manner. In the process of selecting an attorney, there are some important steps that you should take, which will be discussed below.

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.

Using A Trial Lawyer For An Appeal

There are advantages as well as disadvantages to selecting your trial lawyer to pursue your appeal. One advantage is that a trial lawyer will be familiar with your case and can help resolve the complex issues involved in your appeal. If you are confident about your trial lawyer’s abilities, it might be better to select that attorney. Not all trial attorneys, however, are equally skilled at appeals. In can also help to obtain the assistance of an additional attorney in a case. In some cases, an appeal attorney might even conclude that a trial attorney did not provide effective representation. In such an instance, it may be able to obtain a new trial simply based on your trial attorney’s failure to provide effective assistance.

Costs Associated With An Appeals Lawyer

The exact amount that you can expect to pay for an appellate lawyer depends on a number of factors, including the length and complexity of the trial. The way in which your criminal case proceeded can also influence the cost of a case. As a result, the cost of two separate appeals is never the same. When considering cost, it’s important to remember just how much could be on the line. If you are facing a lengthy prison sentence, for example, it’s not unreasonable to invest a significant amount into your appellate representation, as the potential return on your investment could be your freedom.

Even in cases in which the direct consequences of a conviction are not as serious as a lengthy prison sentence, the collateral consequences of a conviction may justify retaining a highly qualified appellate attorney. Collateral consequences are separate from those imposed by the court, and may negatively affect your life long after your sentence has concluded. Some common examples of the collateral consequences that can be associated with even a minor criminal conviction include the following:

- The Loss Of Your Job

- Difficulty obtaining future employment

- Prohibition from owning a firearm

- Disqualification from the federal student loan program

- Problems renting an apartment

- Difficulty obtaining admission into colleges and universities

- Problems obtaining a professional license

These are only some of the potential collateral consequences that can occur after a criminal conviction. A successful appeal, however, may be able to clear your good name and keep you from experiencing the potentially lifelong consequences associated with a conviction. For this reason, it’s critical that you consider a variety of factors when choosing an appellate attorney to represent you moving forward.

Pre-trial Release: What does it mean?

Similar to state court judges, federal magistrate judges are responsible for deciding at an initial appearance whether an individual who is charged with a crime will remain in custody or is capable of leaving on a bond. Because pre-trial release requirements can be particularly strict, to navigate these matters, it is often critical to obtain the assistance of an experienced federal criminal defense attorney. It can also help to understand some of the important details about how pre-trial releases work.

The Purpose Of Pre-trial Release

Pre-trial release terms can be used for a number of reasons. First, courts that require pre-trial release greatly increase the chances that a defendant appears in a court of law. Second, many courts instill pre-trial release terms to make sure that the surrounding community remains safe during the time that a person is released.

Bail vs. Pre-trial Release

Bail refers to the process during which a court determines if a person who is charged with a criminal offense can be released before trial. Bail additionally helps to determine the conditions that are required as part of a pre-trial release. If a person charged with a criminal offense is released with (or without) any requirements, this is referred to as “pretrial release.” Many people incorrectly use the phrase “bail” to refer to the amount of money used to secure a person’s release from jail when this concept is actually referred to as “money bail.”

How Judges Make Pre-trial Release Decisions

There are a number of court regulations and factors that judges must consider when deciding on pre-trial release requirements. Some of these factors include the seriousness of the offense, the criminal history of the person being charged, where the person being charged lives, and whether the person being charged with the offense has a history of mental illness or substance abuse.

The Nature Of Pre-trial Service Providers

There are a countless number of state and local pre-trial service programs. All of the 94 federal district courts also provide pre-trial services. There are several reasons why pre-trial service providers exist. First, pre-trial service providers help to collect information about a person charged with an offense to assess an individual’s risk of either failing to appear in court or endangering the surrounding community. Pre-trial service providers also help to assess the risk that a person charged with an offense is likely to commit a subsequent crime. These providers present their findings to a court of law during the person’s pre-trial appearance. Pre-trial service providers also supervise people who have been released under certain requirements, which might include being required to routinely check in with the court, to receive alcohol or drug testing, or to be electronically monitored.

DUI and DWI Laws: The Basics

Your first course of action when facing a DUI or DWI charge is consulting a DWI lawyer. A DWI lawyer will have the experience necessary to understand the specific laws related to each charge in your specific state. Laws regarding punishments for intoxicated driving are different for every state, so it is important to seek the assistance of a lawyer who is knowledgeable in applicable laws.

The Basics of DUI

DUI stands for driving under the influence. Driving under the influence is defined as having a blood alcohol content (BAC) above 0.08. Many people prefer to refer to the act of driving under the influence as “drunk driving” rather than DUI. A DUI will likely stay on your record and show up in background checks. Having a DUI may make finding a job or a place to live more difficult because it could be considered a component of a criminal record. Not only can a DUI negatively impact your future, it is also a very prevalent problem in the United States. 

The Basics of DWI

DWI stands for driving while intoxicated. Not every state distinguishes between DUI and DWI in terms of the charges that will be brought against a person who has been caught driving while intoxicated. If you live in a state where DUI and DWI charges differ, the harsher punishment will be reserved for those receiving a DWI charge.

The penalty for a DWI often includes time spent in jail. The length of a jail sentence may depend on the number of offenses.

The Minnesota Department of Public Safety outlines laws regarding DWI convictions that can give you an idea of what a state may require based on the specific charge. While this is just an example of one state’s laws, many states have similar penalties for driving while intoxicated. For example, subsequent offenses tend to be harsher, and driving while intoxicated with a child in the vehicle often carries a more serious punishment.

State Laws Regarding DWI and DUI

The consequences of a DUI or DWI can vary greatly depending on the state in which you live. The Insurance Institute for Highway Safety explains that all states have now standardized the minimum BAC that is considered intoxication. As noted above, a BAC of 0.08 is defined as the minimum level for intoxication. However, 48 states have increased penalties for drunk drivers with a high BAC, in most states .15 or higher. For more information on your state, the Governors Highway Association publishes drunk driving laws for each state.

Consequences for driving with a BAC at or above 0.08 usually involve a suspension of driving privileges. Repeat offenders may even have their license completely revoked. The length of a driving suspension depends on the state and the number of offenses a person has. Some states do not require license suspension when a person is only facing a first offense, but other states require a suspension of up to six months even when a person has never faced an offense in the past.

States may require a person to have an ignition lock installed into their vehicle following a first or subsequent offense. An ignition lock essentially requires a person to prove that their BAC is not above the legal limit before the car may be started.

One basic rule when dealing with a DUI or DWI is that a DWI lawyer should be consulted. A lawyer with experience helping clients who are facing a DUI or a DWI is the best authority on the situation.