It can be surprisingly easy to blow over the legal limit for alcohol. It is only .08, and anything higher could see you facing serious consequences. These tests are taken using a breathalyzer, which measures the air from deep in your lungs. However, because it can also pick up samples from your whole respiratory system, including mucus which retains alcohol, the results may be skewed.
The most accurate way to test your blood alcohol level is by using a blood test. This requires a warrant, however. You cannot refuse a breathalyzer test, so they have become the standard used. What is your recourse, though, if you think your breath test results are incorrect?
When to Question Your Breath Test Results
There are a few ways that your test results can be inaccurate. For one, the breath test may have been taken with an inadequate machine. There are two types of breathalyzers, and one is very accurate and reliable. The other is not, and should only be used as preliminary testing, not as proof of impairment.
Breathalyzers should be kept in good working order. If not, then they can start producing incorrect results, including false positives. They must be calibrated and maintained on a regular basis, or else your attorney may have grounds for dismissing your charges.
You Are Only Tested Once
If the police only test you once, then they have not met the standard they need to meet. Sometimes a test can be incorrect for no apparent reason, so several tests are needed to verify the results. The machine may have failed, or the subject may not have blown hard enough. The police should be able to show that they administered several tests with consistent results.
The most important thing to do is to contact an experienced attorney if you have been charged with a DWI or DUI. If there is a chance that your breathalyzer results are wrong, an attorney will be able to plead your case on your behalf.
If you or a loved one is charged with violating your parole, you probably have a lot of questions about what comes next. Use this article as a resource to help you get the basics answered about your next steps. Here are some answers to some of those crucial questions.
What Can Happen?
If your probation officer thinks that you may have violated your probation, the matter will go before a judge. If it is determined that you have violated, then the judge has some options. They can simply reinstate your probation with the same terms, for one. They can also alter the terms to be stricter. The worst option is if the judge revokes your probation entirely and sends you to prison.
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Embezzlement is a type of theft where someone who is trusted to handle someone else’s money steals some of it for themselves. What separates embezzlement from other types of theft is that he alleged perpetrator legally had access to the funds or property without owning it. There are several circumstances under which embezzlement can happen. Bank tellers and bank officers of the bank have access to clients’ money, for example. Or, employees of a company can also embezzle funds from that company. Even in a power of attorney situation, someone can embezzle money for personal gain. The key is that the defendant was in a position of trust and was seen to abuse that position.
Read more on “What You Need to Know About Embezzlement Penalties and Sentencing” »
Contrary to popular belief, criminal vehicular operation (CVO) is not just when you hurt someone while driving under the influence. It may be the most common reason for such a charge, but there are other cases for this charge to be levied. Here is a quick rundown of the basic behind CVO charges.
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When most people hear the word “forgery”, they might think of fake paintings or artifacts. While that is a part of it, there is much more. Forgery involves anything that is faked, such as a document, a signature, or anything of value, with the purpose of deceiving someone. People caught forging something are most often charged with fraud. Forged documents most commonly include identification, legal documents, and contracts. Signatures are the most commonly forged of all the others. Currency can also be forged, but that crime is usually called counterfeiting.
Read more on “Learning about the Legal Ramifications of Forgery” »
When it comes to an expungement appeal, there are certain standards of review that the court must employ. Here is a quick guide to those standards and how they can affect an appeal.
First off, the court must review the decision for any abuses of discretion. The appellate court needs to determine whether or not the district court used arbitrary or erroneous reasoning when coming to its decision. If the district court applied the law incorrectly, then the appellate court must factor that as well. The overarching ideal is that the appellate courts should review any conclusions of a district court without considering the district court’s decisions.
Read more on “The Penalties for Shoplifting in Minnesota” »
There may come a time in your life when you are stopped and asked questions by the police. Maybe they suspect you of a crime, or maybe they will be asking you if you saw something related to a crime. No matter what the reason, it is important to know how you should react and what your rights are. Here are some things to do if you are ever stopped and questioned by the police.
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Expungement is when a criminal charge can be removed from someone’s criminal record. It is sealed so that it is not accessible by any other member of the public. The intention is that people who have made mistakes can move on with their lives and not be burdened when trying to travel, gain employment, or find a place to live.
Read more on “The Burden Of Proof During an Expungement Application” »
The United States Department of Justice will improve the way it “keeps tabs” on police brutality. Read more on “The U.S. Department of Justice Plans to Monitor Police Brutality” »
Information technology (IT) law is the legal framework for the collection, storage and dissemination of electronic data. Attorneys who practice this area represent businesses or individuals who come from various industries. Their goal is to use this law to maximize their client’s economic benefit. Read more on “Information Technology (IT) Law Explained” »
The thought of having authorities arrest and lock you up in jail for an unknown length of time is a frightening thought.
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If you have been arrested or accused of a crime, knowing your Miranda rights and the protection offered by the Fifth Amendment is crucial. These rights are designed to protect United States citizens from incriminating themselves or being coerced into false confessions by law enforcement officials. Being informed of your rights is a critical step in the case against you. If you have not been informed of your rights, it will be much more difficult for court officials to prosecute you.
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The possession of illegal substances is regulated differently from state to state. In Minnesota, these items are referred to as controlled dangerous substances (CDS). There are a variety of classifications and penalties for the possession and sale of CDS, depending on the substance in question. Minnesota also extends the definition of CDS not only to street drugs, but also the ingredients used in their manufacture.
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In Minnesota, burglary is classed under a family of criminal violations related to trespassing. A charge of burglary can either be made in the first, second, third, or fourth degree.
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Facing a criminal charge is always a daunting, frightening experience. Many times, people face more charges, or different charges, than they expected or thought possible. The period of time leading up to your trial is one of the most crucial times of your life. It’s your chance to craft a legal defense that will minimize the drastic impacts a conviction could wreak on your life. Unfortunately, the system is crafted in such a way that without having devoted years of your life to gaining specialized experience and knowledge, your defense is unlikely to be successful. When you’re considering whether you need to retain the council of a criminal attorney, here are some things to keep in mind.
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Here is a breakdown of the four degrees of a “criminal damage to property charge” you could receive in Minnesota.
1st Degree Damage
To commit damage to property in the1st, you have reached the most severe type of damage as seen by the law. A 1st degree criminal damage to property charge comes from doing damage that includes the following:
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Being faced with a criminal charge is certainly one of the most stressful situations you can be in. There are so many things to think about, in terms of your personal life, professional career, and overall future that can be impacted by this type of charge against you. As you wrestle over all of the different scenarios involved in doing this in your head, take a moment to think of some of the benefits of hiring a criminal defense lawyer to walk you through your case.
Hiring an experienced defense lawyer, you are hiring an expert who knows how to defend their client in the courtroom. They are professionals at gathering information, sorting through facts, interpreting legal jargon, understanding laws and asking questions to make a point. You are hiring a person who has strived to become the best at their practice in order to represent their clients well. They have worked on many cases and understand how to build a solid case to present in court.
As stated before, being faced with a criminal charge can be very overwhelming, but by taking action quickly, you are far more likely to have success than waiting to get into the game. Minneapolis long term disability lawyer. As soon as you are being faced with a charge, you want to find a lawyer to properly represent your case. This will minimize your prosecutors’ opportunity to find more material to use against you in your case. The more ready you are with a lawyer to defend your case, the better chance you have of mitigating the damages from the crime, even if found guilty.
A Team Player
Being defenseless is really not an option for a person being charged in a criminal case. The benefits of having a lawyer walking with you through the case is more than just to have a safety net of legal advisory and guidance. In cases like these, it is very hard to walk alone. Just by knowing that you have an expert who is going to be right alongside of you, ready to defend you, can help you feel more emotionally and mentally prepared.
Long Term Impact
Along with the mitigation of damages are the long-term impacts that hiring a criminal defense lawyer can have. When you are being faced with heavy fines and the possibility of jail time, every little bit helps. These are sizable punishments that can impact you and your family for your entire lifetime, in some cases. The benefits of hiring a criminal defense, an assault lawyer or a dwi lawyer right away will give you the best chance to reduce the long-term negative implications that a charge like this can have on you and those close to you.
The benefits of hiring a criminal defense lawyer are far deeper than being represented well in the courtroom. Your willingness to take immediate action can impact mitigation and the long-term results of the case.
Mark Herman has a record of successfully representing a wide array of clients in both state and federal courts. Mark Herman has successfully represented individual and corporate clients in over 100 criminal court cases. Mark’s outstanding reputation as a criminal defense attorney comes not by amassing a strong record of success in court, but by his sincere commitment and dedication to his clients.
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You are under no obligation to tell the police anything. Police may intimate that it would be better for you if you talk to them. If they have enough evidence to arrest you they will if you talk to them or not. People believe they’ll be better if they answer the police officer’s questions people usually end up providing the police with information they may not have had before. You probably won’t be able to talk your way out of being arrested if the police have evidence against you. Read more on “Understanding Your Rights” »
If you have been stopped by the police, be courteous and treat them with respect. Whether in a vehicle or not, keep your hands where the officer can see them and, when asked, identify yourself. Do NOT offer any information that could lead the officer to believe, or to confirm, you may have violated the law. Read more on “Dealing With The Police When Stopped” »
Being arrested means that you are taken into custody and not free to go. You can also be legally detained for a short period of time for questioning if you are suspected of being involved in a crime. If you are arrested or detained you do not have to answer questions except to give your name and address and show identification if asked. Read more on “What To Do When Arrested” »