No matter whether you have been caught driving drunk or you are being charged with the offense, you should not disregard it as something insignificant. Depending on the laws at the time of your citation and the adjustments that can happen, you could wind up facing serious consequences. Stronger consequences and laws are now being enforced by the states every year and you probably will end up paying a sizable fine or even be taken into custody. Furthermore, your license may be suspended and you could end up with a criminal conviction if anyone was injured during your incident. All of these can seriously affect your opportunities for employment in addition to your future plans. Having a experienced DUI attorney makes all the difference to ensuring your case proceed smooth helping you come out in the best possible situation.
If you have been pulled over for DUI and are looking for a good DUI attorney, you can always check online to review a number of attorneys backgrounds, qualifications, experiences, previous case histories and more. A San Diego DUI attorney advised to choose one according to their experience and recent cases as this will ensure they are up-to-date with the latest DUI laws. If they are members of the NCDD then it is all the better.
A Lawyer dedicated to focusing primarily on DUI cases in your county will definitely be much more qualified to handle this type of incident over an inexperienced attorney who has not successfully managed such cases previously. Experienced DUI lawyers may be able to have your charges reduced, protect your license and sometimes can have them dismissed completely. This is not to say they advocate the practice of driving under the influence, rather you will often be required to attend alcohol counseling.
A DUI attorney will be suited to handle the case and also will assist you if you are facing a substance abuse problem. A local San Diego DUI lawyer confirmed that your honesty with your lawyer will remain sacrosanct as it is a point of client confidentiality. If your case is criminal or homicidal recklessness then your attorney will be able to advise you on the repercussions of those charges on your life in terms of employment, future goals and more. If you are guilty of a serious drinking problem you will often be required to attend a mandatory alcoholic program or enroll into rehab. If there is personal injury involved, the attorney can be entitled to charge a bulky fee which is due to the more complicated proceedings involved.
You should always discuss the rates and payment details ahead of time with your attorney. If you need to give a substantial deposit, you need to discuss why and be able to pay. If you are certain of having found an experienced attorney it will likely be worth it as an effective lawyer may very well be able to get you off the hook. However, it will ultimately be your decision to make the effort to change your habits and stay off the wrong side of the law.
Saturday, 19 March 2011
DUIs in San Diego on the Rise
San Diego may be a hot tourist attraction, and a popular spring break location for students, but it all is also becoming one of the highest rate of DUIs per capita in the United States. There is a lot that goes into that factor, due the fact that police know what to look for the fact of the amount of volume that police officers are dealing with as far as DUI cases are concerned. Jamaal Williams, a San Diego professional football player, is a one of the most recent high-profile San Diego locals that have been charged with a DUI. Stephen Brodsky, a DUI specialist in San Diego, has witnessed a use which jumped a DUI cases in San Diego. There are some definite deuce and don't when visiting San Diego if you're from out of town, or even if you are a citizen of the finest city in the United States, you should pay attention to do's and don'ts of DUIs in San Diego.
Designated Drivers; Good Standard Operating Procedure
Designated drivers are still commonplace, and it should be a good practice if you're going out in the San Diego, some of the spots that have a high concentration of police officers looking for suspicious driving behavior is in Pacific Beach, the gas lamp district, Encinitas, Del mar, and downtown Oceanside. When driving in peace specific areas in San Diego one should be very careful of, not only being cognizant of what you've had to drink before you get behind the wheel, you should be very careful about driving erratically or with excessive speeds in general.
Part of the reason of the high concentration of DUIs in San Diego is due the fact that there is a large amount of college-age kids, military personnel and overall just a younger crowd out on the road. The mix of college kids, Marines sailors and other younger individuals behind the wheel who don't have a lot of experience treating alcoholic beverages, or don't really have a lot of years under their belt behind the wheel, have a high propensity to get DUIs. In Oceanside which houses one of the biggest Marine bases in the United States, this particular town has a huge volume of DUI cases. So as a good standard operating procedure, if you're out partying with your friends get a designated driver behind the wheel, don't roll the dice DUIs can get very expensive and if you do get one or are faced with a charge it is very important that within 10 days of the DUI charge that you contact a DUI attorney as soon as possible.
What to Do When Pulled Over
So you've been pulled over, you're sitting there in your car, a little nervous. The policeman comes up to your car and you're wondering what to do, what to say and how to act. Here are a few pointers that you may want to incorporate, not only when you feel that you may of had a few too many drinks before you got behind the wheel, but this is a good general practice for when you're pulled over general:
Be Polite: police men even though they may look like robots and all look the same in their uniforms and aviator glasses, are human and can sense when an individual is being facetious or defensive. The best policy to practice when getting pulled over is to be polite as possible. Practicing neutrality is important to me nervous, not being too nonchalant but just being polite.
Don't Get Out Of the Car: police officers deal with a lot of suspicious characters, and if you get pulled over make sure that you just put two hands on the wheel and follow instructions. In no means should you ever get out of the car if you're not instruct, the police officer has no idea what you have under your belt or the cell phone that's your hand is a gun.
Don't Make Excuses: try not to make excuses right out of the gate, just answer questions when asked to question. Answers should be somewhat neutral and not incriminating; practice politeness at the same time don't be too passive viewer of your surroundings and be quick to answer with absolute actuality.
If Asked to Take a Breathalyzer, You May Not Have Choice: most states, when they issue a driver's license that gives the police arrived to give you a chemical test, blood test or breathalyzer test by refusing to take a test with the police officer could, in some states, suspend your license on the spot and can pound your vehicle. Breathalyzers are not perfect, and the results and in certain situations can be fought in court.
If Charged Call an Expert
Stephen Brodsky, a San Diego DUI lawyer, advises that the best window of opportunity that legal counsel can assist you as within 10 days of being charged of your drunk driving incident. There's a lot of opportunity that can happen within those 10 days and is of grave importance, to your wallet, livelihood and record to make sure that you contact an expert in the field of DUI law within 10 days. But the best policy is always to not drink and drive.
Designated Drivers; Good Standard Operating Procedure
Designated drivers are still commonplace, and it should be a good practice if you're going out in the San Diego, some of the spots that have a high concentration of police officers looking for suspicious driving behavior is in Pacific Beach, the gas lamp district, Encinitas, Del mar, and downtown Oceanside. When driving in peace specific areas in San Diego one should be very careful of, not only being cognizant of what you've had to drink before you get behind the wheel, you should be very careful about driving erratically or with excessive speeds in general.
Part of the reason of the high concentration of DUIs in San Diego is due the fact that there is a large amount of college-age kids, military personnel and overall just a younger crowd out on the road. The mix of college kids, Marines sailors and other younger individuals behind the wheel who don't have a lot of experience treating alcoholic beverages, or don't really have a lot of years under their belt behind the wheel, have a high propensity to get DUIs. In Oceanside which houses one of the biggest Marine bases in the United States, this particular town has a huge volume of DUI cases. So as a good standard operating procedure, if you're out partying with your friends get a designated driver behind the wheel, don't roll the dice DUIs can get very expensive and if you do get one or are faced with a charge it is very important that within 10 days of the DUI charge that you contact a DUI attorney as soon as possible.
What to Do When Pulled Over
So you've been pulled over, you're sitting there in your car, a little nervous. The policeman comes up to your car and you're wondering what to do, what to say and how to act. Here are a few pointers that you may want to incorporate, not only when you feel that you may of had a few too many drinks before you got behind the wheel, but this is a good general practice for when you're pulled over general:
Be Polite: police men even though they may look like robots and all look the same in their uniforms and aviator glasses, are human and can sense when an individual is being facetious or defensive. The best policy to practice when getting pulled over is to be polite as possible. Practicing neutrality is important to me nervous, not being too nonchalant but just being polite.
Don't Get Out Of the Car: police officers deal with a lot of suspicious characters, and if you get pulled over make sure that you just put two hands on the wheel and follow instructions. In no means should you ever get out of the car if you're not instruct, the police officer has no idea what you have under your belt or the cell phone that's your hand is a gun.
Don't Make Excuses: try not to make excuses right out of the gate, just answer questions when asked to question. Answers should be somewhat neutral and not incriminating; practice politeness at the same time don't be too passive viewer of your surroundings and be quick to answer with absolute actuality.
If Asked to Take a Breathalyzer, You May Not Have Choice: most states, when they issue a driver's license that gives the police arrived to give you a chemical test, blood test or breathalyzer test by refusing to take a test with the police officer could, in some states, suspend your license on the spot and can pound your vehicle. Breathalyzers are not perfect, and the results and in certain situations can be fought in court.
If Charged Call an Expert
Stephen Brodsky, a San Diego DUI lawyer, advises that the best window of opportunity that legal counsel can assist you as within 10 days of being charged of your drunk driving incident. There's a lot of opportunity that can happen within those 10 days and is of grave importance, to your wallet, livelihood and record to make sure that you contact an expert in the field of DUI law within 10 days. But the best policy is always to not drink and drive.
Get a DUI Attorney in San Diego to Avoid DUI Arrests
Driving under the Influence or DUI is a very serious offense. If you are arrested under this citation means that you have failed either a field sobriety test, or urine, breath analyzer or blood alcohol level test given by the police. A DUI conviction means that you will either serve time and pay a fee and have a permanent record which is something we don't want to have.
DUI arrests have been rampant especially in California where the best mode of transportation is by car. The wide highways and long distances, as well as easy access to vehicles, make it both a nice place to drive and an easy target for cops to look for suspicious moving vehicles. Those that seem to swerve or are moving too quickly will easily be pulled over and from that moment on, the driver may be grilled about his driving methods and perhaps asked to take a field sobriety test. What many don't know is that a field sobriety test is something that is voluntarily done and those who are aware of this situation may refuse to take the field test. If asked to, the driver may take another form of test. One may take the breath analyzer test or the urine test. These tests may have its form of inconsistencies as well. If a person has burped or regurgitated, he is allowed at least 15 minutes before taking the breath analyzer test. This is to insure that the test is not tainted as acids from the burp may affect the test. Also, the urine test may also be not as reliable and may not be upheld in court.
San Diego for instance has around 16000 cases of DUI instances being held every year. This city is notorious for having a high amount of DUI cases because of its proximity to the Mexican Border and in that instance, there is an assumption that those Americans coming from the border, especially in the early mornings or after long weekend, may have had one drink too many. In such instances, finding a DUI attorney in San Diego is the best option for those who are arrested. A specialized DUI attorney from San Diego knows the ins and outs of such an arrest and is a great resource for anyone arrested from getting convicted. These attorneys will look into the procedure and process of how the evidence was obtained and may find something that may be of use in your defense.
It is always better to be sober and avoid drinking altogether before driving and if you do drink, make sure that there is enough time before you sober up.
DUI arrests have been rampant especially in California where the best mode of transportation is by car. The wide highways and long distances, as well as easy access to vehicles, make it both a nice place to drive and an easy target for cops to look for suspicious moving vehicles. Those that seem to swerve or are moving too quickly will easily be pulled over and from that moment on, the driver may be grilled about his driving methods and perhaps asked to take a field sobriety test. What many don't know is that a field sobriety test is something that is voluntarily done and those who are aware of this situation may refuse to take the field test. If asked to, the driver may take another form of test. One may take the breath analyzer test or the urine test. These tests may have its form of inconsistencies as well. If a person has burped or regurgitated, he is allowed at least 15 minutes before taking the breath analyzer test. This is to insure that the test is not tainted as acids from the burp may affect the test. Also, the urine test may also be not as reliable and may not be upheld in court.
San Diego for instance has around 16000 cases of DUI instances being held every year. This city is notorious for having a high amount of DUI cases because of its proximity to the Mexican Border and in that instance, there is an assumption that those Americans coming from the border, especially in the early mornings or after long weekend, may have had one drink too many. In such instances, finding a DUI attorney in San Diego is the best option for those who are arrested. A specialized DUI attorney from San Diego knows the ins and outs of such an arrest and is a great resource for anyone arrested from getting convicted. These attorneys will look into the procedure and process of how the evidence was obtained and may find something that may be of use in your defense.
It is always better to be sober and avoid drinking altogether before driving and if you do drink, make sure that there is enough time before you sober up.
San Diego Boat Accident Lawyer - Will a Limitation Action Sink Your Boat Accident Case?
Maritime law is the law of the sea. Maritime law is very, very different from California State law. One of the peculiar parts of maritime law is the Limitation of Liability Act. Under the Limitation of Liability Act, if certain factual prerequisites are met, a shipowner can limit its liability for a accident to the value of their vessel.
Stated differently, if you are seriously injured in a boat accident your recovery may be limited to the value of the boat that caused your injuries. Which, quite obviously, may result in you not being adequately compensated for your serious boat injuries.
The Limitation of Liability Act
The Shipowners Limitation of Liability Act of 1851, ("the Act"), may limit the liability of the owner of a vessel to the value of the vessel. This is a unique maritime principal. The Act limits a vessel owners' liability for claims, arising from acts performed by a ship's crew without the owner's knowledge or privity, to the owners' interests in the ship.
Meaning the value of the boat or ship and its cargo. If the ship's value is insufficient to satisfy all claims, the Act provides for equitable apportionment among the claimants.
Vessel owners must either file a Limitation Action in federal court or raise it as a defense. Vessel owners must file a petition to limit liability in the appropriate federal district court within six months after a claimant notifies an owner of a claim. For purposes of the Act, the charterer of any vessel is deemed to be an owner.
A Limitation Action can literally draw your case into federal court. The proceeding is before the admiralty court. The Act provides for all claims against an owner to be aggregated and decided at one time. It prevents multiple claims against a vessel owner. Limitation actions are equitable proceedings.
"What Does This Mean To My Boat Accident Case?"
As a practical matter a Limitation Action can limit your claim to the value of the vessel that caused your injury. This may not be a problem with a cruise ship. It can be a huge problem with a PWC or a ski boat when there are serious injuries or death. The doctrine is very harsh and unfair. It is usually strictly construed.
The Limitation Act requires strict compliance. A proactive seasoned maritime attorney can sometimes defeat a Limitation Action before it is even filed. One way to defeat a Limitation defense is to marshal the evidence such that you can prove privity of the owner of the vessel. That is, the owner of the vessel knew or should have known of the vessel's dangerous condition that caused the injury.
In a boat collision case, when the owner of the vessel is driving the vessel, then a Limitation Action would not apply in most, if not every, situation. Because the owner would have privity of the way he or she was commanding the vessel.
Limitation of Liability Act Case Studies
Mission Bay, San Diego - Boat Pulling Water Skier Collides With a Fishing Boat
The owner of a ski boat was water skiing while being towed by a friend. The friend was operating the owner's boat. The ski boat was going the wrong way on Mission Bay, San Diego, California. The ski boat was not going in a counter-clockwise rotation. The boat operator was watching the skier and plowed into a small fishing boat, severely injuring three middle aged women.
The ski boat owner filed a Limitation Action. The Action was defeated because the owner of the vessel was being pulled as a skier and he could see that his friend was not following the proper counter-clockwise rotation on Mission Bay. Thus, he had knowledge of the acts that were a cause of the collision.
Mexican Waters - Passenger on a Charter Sportfishing Boat Slips Down Ladder
A passenger on a Charter Sportfishing boat was on a four-day fishing trip to Mexican waters. The passenger slips and falls down a steep ladder into the galley. The Limitation defense was defeated by proving the non-skid on the ladder had been worn smooth for months, if not years, before the passenger slipped on the ladder and was seriously injured. There was plenty of time for the owner to have learned of the dangerous condition before the injury incident. Thus, there was privity (i.e.,knowledge).
Catalina Island, California - Charter Sailing Boat Sinks Due to Electrical Problem
An electrical fire starts on a 54 foot Chartered sailing vessel while cruising off Catalina Island. The Captain and 11 passengers abandoned ship. Two of the passengers drown. Litigation discovery reveals months before the sinking, a mechanic had recommended fixing the electrical problem. The owner had try to conceal both the mechanic and the previous electrical problem. The insurance company settled soon after the concealment was uncovered.
Colorado River - Yuma - 16 Year Old PWC Operator Hits Teen on Inner Tube
A 16 year old is operating a personal water craft on the Colorado River, north of Yuma. The PWC clips a teenage girl floating on an inner tube. The teenage girl is seriously injured. The owner of the Jet ski did not require the 16 year old to read the manual nor the PWC's riding instructions for novices. The owner had given the 16 year old less then 3 minutes instruction on how to operate the PWC before allowing the teenager to ride unsupervised. The insurance company for the owner paid the policy limits.
Conclusion
If you were injured or had a family member killed in a boat accident that occurred in navigable waters you need to expect and plan on having to defeat the Limitation of Liability Act. Your California maritime attorney should be proactive in planning for and defeating the Limitation Act defense.
Stated differently, if you are seriously injured in a boat accident your recovery may be limited to the value of the boat that caused your injuries. Which, quite obviously, may result in you not being adequately compensated for your serious boat injuries.
The Limitation of Liability Act
The Shipowners Limitation of Liability Act of 1851, ("the Act"), may limit the liability of the owner of a vessel to the value of the vessel. This is a unique maritime principal. The Act limits a vessel owners' liability for claims, arising from acts performed by a ship's crew without the owner's knowledge or privity, to the owners' interests in the ship.
Meaning the value of the boat or ship and its cargo. If the ship's value is insufficient to satisfy all claims, the Act provides for equitable apportionment among the claimants.
Vessel owners must either file a Limitation Action in federal court or raise it as a defense. Vessel owners must file a petition to limit liability in the appropriate federal district court within six months after a claimant notifies an owner of a claim. For purposes of the Act, the charterer of any vessel is deemed to be an owner.
A Limitation Action can literally draw your case into federal court. The proceeding is before the admiralty court. The Act provides for all claims against an owner to be aggregated and decided at one time. It prevents multiple claims against a vessel owner. Limitation actions are equitable proceedings.
"What Does This Mean To My Boat Accident Case?"
As a practical matter a Limitation Action can limit your claim to the value of the vessel that caused your injury. This may not be a problem with a cruise ship. It can be a huge problem with a PWC or a ski boat when there are serious injuries or death. The doctrine is very harsh and unfair. It is usually strictly construed.
The Limitation Act requires strict compliance. A proactive seasoned maritime attorney can sometimes defeat a Limitation Action before it is even filed. One way to defeat a Limitation defense is to marshal the evidence such that you can prove privity of the owner of the vessel. That is, the owner of the vessel knew or should have known of the vessel's dangerous condition that caused the injury.
In a boat collision case, when the owner of the vessel is driving the vessel, then a Limitation Action would not apply in most, if not every, situation. Because the owner would have privity of the way he or she was commanding the vessel.
Limitation of Liability Act Case Studies
Mission Bay, San Diego - Boat Pulling Water Skier Collides With a Fishing Boat
The owner of a ski boat was water skiing while being towed by a friend. The friend was operating the owner's boat. The ski boat was going the wrong way on Mission Bay, San Diego, California. The ski boat was not going in a counter-clockwise rotation. The boat operator was watching the skier and plowed into a small fishing boat, severely injuring three middle aged women.
The ski boat owner filed a Limitation Action. The Action was defeated because the owner of the vessel was being pulled as a skier and he could see that his friend was not following the proper counter-clockwise rotation on Mission Bay. Thus, he had knowledge of the acts that were a cause of the collision.
Mexican Waters - Passenger on a Charter Sportfishing Boat Slips Down Ladder
A passenger on a Charter Sportfishing boat was on a four-day fishing trip to Mexican waters. The passenger slips and falls down a steep ladder into the galley. The Limitation defense was defeated by proving the non-skid on the ladder had been worn smooth for months, if not years, before the passenger slipped on the ladder and was seriously injured. There was plenty of time for the owner to have learned of the dangerous condition before the injury incident. Thus, there was privity (i.e.,knowledge).
Catalina Island, California - Charter Sailing Boat Sinks Due to Electrical Problem
An electrical fire starts on a 54 foot Chartered sailing vessel while cruising off Catalina Island. The Captain and 11 passengers abandoned ship. Two of the passengers drown. Litigation discovery reveals months before the sinking, a mechanic had recommended fixing the electrical problem. The owner had try to conceal both the mechanic and the previous electrical problem. The insurance company settled soon after the concealment was uncovered.
Colorado River - Yuma - 16 Year Old PWC Operator Hits Teen on Inner Tube
A 16 year old is operating a personal water craft on the Colorado River, north of Yuma. The PWC clips a teenage girl floating on an inner tube. The teenage girl is seriously injured. The owner of the Jet ski did not require the 16 year old to read the manual nor the PWC's riding instructions for novices. The owner had given the 16 year old less then 3 minutes instruction on how to operate the PWC before allowing the teenager to ride unsupervised. The insurance company for the owner paid the policy limits.
Conclusion
If you were injured or had a family member killed in a boat accident that occurred in navigable waters you need to expect and plan on having to defeat the Limitation of Liability Act. Your California maritime attorney should be proactive in planning for and defeating the Limitation Act defense.
The Credentials of Any Good San Diego Criminal Defense Lawyer
The hallmark credentials that you want to see when hiring a San Diego criminal defense lawyer on a serious felony charge are pretty much the same for a criminal defense lawyer anywhere. When you are charged with a serious felony in a state court system where your exposure is many years in prison you don't want someone "practicing" or dabbling on your matter. You want a consummate talented and respected professional that regularly handles the type of criminal charge that you are charged with.
The bottom line is that you want a lawyer with a winning reputation. The profile that makes up that type of lawyer consists of a number of characteristics. You want a lawyer that is well educated. While the law school a lawyer went to isn't necessarily the characteristic that makes the difference, the better law schools produce lawyers who understand the theory of the law better which makes them better able to make arguments that persuade judges.
You also want a lawyer who has a good presence and who is respected in the courts. The more respected your lawyer is, the better he will be able to negotiate, win critical motions, and get rulings favorable to your case. A good lawyer who is respected in his community will be respected anywhere he or she goes to handle a case. The prosecutors and the judges get the picture quickly by the way the lawyer handles themselves.
You want a lawyer who has been practicing many years if your case is a serious felony such as murder, vehicular manslaughter, forcible rape, or child molestation. The more years a lawyer has practiced means that he or she has handled more situations, more cases, and more trials. That combined experience means that they will be able to analyze your case quicker and with more accuracy than a lesser experienced lawyer. Years of experience means they know all the moves and how to implement them effectively at the right moment.
Make sure your lawyer has successfully handled many cases of the type of charge you have. If you are charged with murder, for instance, you want a lawyer who has handled and tried several murder cases. A top gun lawyer should be able to cite several examples of jury trial results and favorable settlements in the type of case you have. There is no reason not to hire a lawyer with a long record of winning. Every lawyer has won a case or two. You want the lawyer with a long list of successful results.
In every major community in this country competent skilled professionals exist who are capable of getting you the best results. A little work trying to find one will be worth the effort. If you throw your money away on someone who isn't up to the task you won't find out until it is too late. You can always change lawyers but you may have spent all of your resources. Major Tip: Don't ask people to refer you to a good lawyer. You may just be getting a friend or a business referral. Ask people: "Who are the five or ten best San Diego criminal defense lawyers to handle a serious state court felony trial case?" You will likely get a list of great lawyers. The good lawyers will all talk to you and you will be able to see the difference and choose who you are most comfortable with and can afford.
The bottom line is that you want a lawyer with a winning reputation. The profile that makes up that type of lawyer consists of a number of characteristics. You want a lawyer that is well educated. While the law school a lawyer went to isn't necessarily the characteristic that makes the difference, the better law schools produce lawyers who understand the theory of the law better which makes them better able to make arguments that persuade judges.
You also want a lawyer who has a good presence and who is respected in the courts. The more respected your lawyer is, the better he will be able to negotiate, win critical motions, and get rulings favorable to your case. A good lawyer who is respected in his community will be respected anywhere he or she goes to handle a case. The prosecutors and the judges get the picture quickly by the way the lawyer handles themselves.
You want a lawyer who has been practicing many years if your case is a serious felony such as murder, vehicular manslaughter, forcible rape, or child molestation. The more years a lawyer has practiced means that he or she has handled more situations, more cases, and more trials. That combined experience means that they will be able to analyze your case quicker and with more accuracy than a lesser experienced lawyer. Years of experience means they know all the moves and how to implement them effectively at the right moment.
Make sure your lawyer has successfully handled many cases of the type of charge you have. If you are charged with murder, for instance, you want a lawyer who has handled and tried several murder cases. A top gun lawyer should be able to cite several examples of jury trial results and favorable settlements in the type of case you have. There is no reason not to hire a lawyer with a long record of winning. Every lawyer has won a case or two. You want the lawyer with a long list of successful results.
In every major community in this country competent skilled professionals exist who are capable of getting you the best results. A little work trying to find one will be worth the effort. If you throw your money away on someone who isn't up to the task you won't find out until it is too late. You can always change lawyers but you may have spent all of your resources. Major Tip: Don't ask people to refer you to a good lawyer. You may just be getting a friend or a business referral. Ask people: "Who are the five or ten best San Diego criminal defense lawyers to handle a serious state court felony trial case?" You will likely get a list of great lawyers. The good lawyers will all talk to you and you will be able to see the difference and choose who you are most comfortable with and can afford.
The Curious Case of Rape and Consequent Defense
In San Diego, the laws are stricter than many other nations. If anyone is found guilty then the accused may have to serve prison for up to 8 or 13 years or a maximum fine of $10,000 and sex offender registration for life will be levied. To avoid such a situation a Rape Defense Lawyer San Diego would prove to be very helpful.
Contacting a Rape Defense Lawyer San Diego should be instant if there have been accusations on any individual. To protect the interests, freedom and future of the accused, the attorney will prepare a defense strategy and work towards protecting the rights of the accused. The selection of the lawyer should be done only after a brief research. The defense lawyer must have a good track record and some success in his or her name.
The San Diego law has a defined law for a rape case and decides on the penalties for this sexual offense. Engagement in sexual intercourse under the following situation will shift the case towards a rape case-
• An intercourse has happened against the victim's will or without the victim's consent; and
• There has been a sexual intercourse by means of force, violence, duress, menace, fear of bodily injury, fear of retaliation or fraud
The case of rape in San Diego is just not limited to unmarried females. There are different offenses related to the specific rape charge that a Rape Defense Lawyer San Diego may have to solve. This includes
• Spousal rape- which is the rape of one's spouse
• Date rape- committed against an acquaintance or person the accused was dating
• Statutory rape- involves sexual intercourse with a minor
In the cases of rape, the investigation procedures may include:
• Thorough check up of the credibility and validity of any witnesses
• Proving wrongful accusations or misidentification
• Exhausting all possibilities for gathering and evaluating DNA evidence
Experienced criminal Rape Defense Lawyer San Diego works with forensic specialists, lab technicians and psychologists in order to evaluate the accuser's case in details. The prosecutors tend to take such crimes seriously because there are good chances for the person to be defended.
Contacting a Rape Defense Lawyer San Diego should be instant if there have been accusations on any individual. To protect the interests, freedom and future of the accused, the attorney will prepare a defense strategy and work towards protecting the rights of the accused. The selection of the lawyer should be done only after a brief research. The defense lawyer must have a good track record and some success in his or her name.
The San Diego law has a defined law for a rape case and decides on the penalties for this sexual offense. Engagement in sexual intercourse under the following situation will shift the case towards a rape case-
• An intercourse has happened against the victim's will or without the victim's consent; and
• There has been a sexual intercourse by means of force, violence, duress, menace, fear of bodily injury, fear of retaliation or fraud
The case of rape in San Diego is just not limited to unmarried females. There are different offenses related to the specific rape charge that a Rape Defense Lawyer San Diego may have to solve. This includes
• Spousal rape- which is the rape of one's spouse
• Date rape- committed against an acquaintance or person the accused was dating
• Statutory rape- involves sexual intercourse with a minor
In the cases of rape, the investigation procedures may include:
• Thorough check up of the credibility and validity of any witnesses
• Proving wrongful accusations or misidentification
• Exhausting all possibilities for gathering and evaluating DNA evidence
Experienced criminal Rape Defense Lawyer San Diego works with forensic specialists, lab technicians and psychologists in order to evaluate the accuser's case in details. The prosecutors tend to take such crimes seriously because there are good chances for the person to be defended.
The Credentials of Any Good San Diego Criminal Defense Lawyer
The hallmark credentials that you want to see when hiring a San Diego criminal defense lawyer on a serious felony charge are pretty much the same for a criminal defense lawyer anywhere. When you are charged with a serious felony in a state court system where your exposure is many years in prison you don't want someone "practicing" or dabbling on your matter. You want a consummate talented and respected professional that regularly handles the type of criminal charge that you are charged with.
The bottom line is that you want a lawyer with a winning reputation. The profile that makes up that type of lawyer consists of a number of characteristics. You want a lawyer that is well educated. While the law school a lawyer went to isn't necessarily the characteristic that makes the difference, the better law schools produce lawyers who understand the theory of the law better which makes them better able to make arguments that persuade judges.
You also want a lawyer who has a good presence and who is respected in the courts. The more respected your lawyer is, the better he will be able to negotiate, win critical motions, and get rulings favorable to your case. A good lawyer who is respected in his community will be respected anywhere he or she goes to handle a case. The prosecutors and the judges get the picture quickly by the way the lawyer handles themselves.
You want a lawyer who has been practicing many years if your case is a serious felony such as murder, vehicular manslaughter, forcible rape, or child molestation. The more years a lawyer has practiced means that he or she has handled more situations, more cases, and more trials. That combined experience means that they will be able to analyze your case quicker and with more accuracy than a lesser experienced lawyer. Years of experience means they know all the moves and how to implement them effectively at the right moment.
Make sure your lawyer has successfully handled many cases of the type of charge you have. If you are charged with murder, for instance, you want a lawyer who has handled and tried several murder cases. A top gun lawyer should be able to cite several examples of jury trial results and favorable settlements in the type of case you have. There is no reason not to hire a lawyer with a long record of winning. Every lawyer has won a case or two. You want the lawyer with a long list of successful results.
In every major community in this country competent skilled professionals exist who are capable of getting you the best results. A little work trying to find one will be worth the effort. If you throw your money away on someone who isn't up to the task you won't find out until it is too late. You can always change lawyers but you may have spent all of your resources. Major Tip: Don't ask people to refer you to a good lawyer. You may just be getting a friend or a business referral. Ask people: "Who are the five or ten best San Diego criminal defense lawyers to handle a serious state court felony trial case?" You will likely get a list of great lawyers. The good lawyers will all talk to you and you will be able to see the difference and choose who you are most comfortable with and can afford.
William F. Nimmo is a highly regarded San Diego criminal defense lawyer who has successfully defended residents statewide for nearly three decades. He has been a San Diego criminal trial lawyer of the year and has been awarded the Directors' Award for Excellence by the San Diego Criminal Defense Bar Association.
The bottom line is that you want a lawyer with a winning reputation. The profile that makes up that type of lawyer consists of a number of characteristics. You want a lawyer that is well educated. While the law school a lawyer went to isn't necessarily the characteristic that makes the difference, the better law schools produce lawyers who understand the theory of the law better which makes them better able to make arguments that persuade judges.
You also want a lawyer who has a good presence and who is respected in the courts. The more respected your lawyer is, the better he will be able to negotiate, win critical motions, and get rulings favorable to your case. A good lawyer who is respected in his community will be respected anywhere he or she goes to handle a case. The prosecutors and the judges get the picture quickly by the way the lawyer handles themselves.
You want a lawyer who has been practicing many years if your case is a serious felony such as murder, vehicular manslaughter, forcible rape, or child molestation. The more years a lawyer has practiced means that he or she has handled more situations, more cases, and more trials. That combined experience means that they will be able to analyze your case quicker and with more accuracy than a lesser experienced lawyer. Years of experience means they know all the moves and how to implement them effectively at the right moment.
Make sure your lawyer has successfully handled many cases of the type of charge you have. If you are charged with murder, for instance, you want a lawyer who has handled and tried several murder cases. A top gun lawyer should be able to cite several examples of jury trial results and favorable settlements in the type of case you have. There is no reason not to hire a lawyer with a long record of winning. Every lawyer has won a case or two. You want the lawyer with a long list of successful results.
In every major community in this country competent skilled professionals exist who are capable of getting you the best results. A little work trying to find one will be worth the effort. If you throw your money away on someone who isn't up to the task you won't find out until it is too late. You can always change lawyers but you may have spent all of your resources. Major Tip: Don't ask people to refer you to a good lawyer. You may just be getting a friend or a business referral. Ask people: "Who are the five or ten best San Diego criminal defense lawyers to handle a serious state court felony trial case?" You will likely get a list of great lawyers. The good lawyers will all talk to you and you will be able to see the difference and choose who you are most comfortable with and can afford.
William F. Nimmo is a highly regarded San Diego criminal defense lawyer who has successfully defended residents statewide for nearly three decades. He has been a San Diego criminal trial lawyer of the year and has been awarded the Directors' Award for Excellence by the San Diego Criminal Defense Bar Association.