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In a concerted effort to reduce drunk driving, all states and most local counties have imposed strict laws against driving while intoxicated (DWI). If you are arrested and charged with drunk driving or driving under the influence (DUI), the consequences can be severe; you may lose your driver’s license, pay heavy fines, have your vehicle impounded and even receive a jail sentence. DWI convictions remain on your permanent criminal record and as a result, may interfere with your livelihood, causing you to lose your job or hinder future employment opportunities. With such high stakes, it is crucial that you contact a qualified DWI defense attorney as soon as you are arrested for driving while intoxicated.

Our law firm understands the anxiety and fear one feels after being arrested for drunk driving, and we will diligently represent you to ensure the best possible resolution for your case. We have a thorough understanding of sobriety tests and law enforcement protocol which can be part of an effective and comprehensive defense against the DWI charges you face. During our initial consultation with you, we will determine if there was police error, field sobriety test errors, inaccuracies, failure to follow proper protocol or administrative errors which may prove your innocence or lead to the dismissal of charges by the prosecution.

DWI cases are complex and the laws which govern them vary dramatically depending upon the state or municipality in which the charges are filed. Our attorneys are well versed in all local and state-wide DWI regulations and have experience interacting with police departments, prosecutors and the department of motor vehicles. If you’ve been arrested for DWI or DUI, contact our law firm today to speak with one of our knowledgeable attorneys who will fight on your behalf to ensure your DWI arrest does not turn into a conviction.

Domestic Violence

Being convicted of a domestic violence charge can have long lasting negative effects on your ability to obtain employment, own a firearm or even see your children. If you have been charged with the crime of assault or battery against a family member, you must meet with a criminal defense attorney as soon as possible to ensure your rights are protected.

Domestic Violence and Abuse Crimes

Domestic violence is a specific type of assaultive behavior directed toward members of a person’s family or household. It generally includes spouses, parents, children, romantic partners, step-family members, grandparents and grandchildren. Allegations of assault against a neighbor, plutonic friend or co-worker cannot be categorized as domestic violence even if the parties maintain a close relationship.

The term domestic violence refers to several criminal acts when committed against any of the above-listed family members. You may face domestic violence penalties as a result of committing the crimes of offensive touching, menacing, sexual harassment, trespass, criminal mischief, sexual assault, terroristic threatening or reckless endangerment. In other words, if the prosecution can demonstrate that you committed these crimes against a family member, the penalties and sentence may be enhanced under applicable domestic violence laws.

Penalties for Domestic Violence

The judge in your case will be most concerned with ensuring the safety of the alleged victim. Depending upon the relationship of the parties, the judge may order a temporary or permanent no-contact order. If the complainant in your case is the parent of your children, this could result in a difficult situation in terms of custody and visitation. Individuals convicted of domestic violence also have difficulty obtaining or maintaining primary placement of their children and may even lose visitation rights as a result of the conviction.

In addition to the civil penalties described above, you could face an enhanced incarceration period due to present aggravating factors. This may mean you are unable to see your family for weeks or months, unable to maintain your job and be prohibited from continuing your life as before. Domestic violence defendants are not permitted to own or possess firearms and many are forced to undergo lengthy anger management courses and counseling as a provision of their sentences.

Given the life-altering nature of a domestic violence conviction, it is imperative that you retain an experienced criminal defense attorney who can work to protect your freedom and relationship with your family. If this is your first time facing criminal charges and your history is clear of other felonies and misdemeanors, your attorney may be able to obtain leniency for you as a first-time offender, which could result in a dismissal of the pending charges.

People often talk about homicide and murder as if they are the same thing. And both are used to describe the death of one person at the hands of another. Legally, though, they are very different. 

The term homicide implies that one person is responsible for another’s death. Sometimes, such as in self-defense cases, it may not even be illegal. These cases are often called justifiable, excusable or non-criminal homicide. 

The primary factors in how one will be charged are the intent and the circumstances.

Homicide by degrees of severity 

Murder is always illegal homicide. It implies?and the prosecutor will attempt to prove?that the defendant not only committed the crime, but acted with malicious intent or criminal negligence (guilty act, guilty mind). Homicide is further classified by degree:

First-degree murder: Is pre-meditated?committed with “cruelty aforethought.” In some states, even unintentional murder may be charged as first-degree if it occurred during a crime like rape, kidnapping, robbery, or arson. 

Second-degree murder: Is caused by dangerous acts or conduct. 

Manslaughter: Can be voluntary or involuntary homicide.

• Voluntary manslaughter is the intentional, yet spontaneous killing of another. For example, killing someone in the “heat of passion.”  Note that you can not just claim passion?the situation leading up to the death must be one that would emotionally or mentally unhinge a reasonable person. Some states use the term third-degree murder. 
• Involuntary manslaughter is sometimes called criminally negligent homicide. It is usually the charge if you unintentionally kill someone through an unlawful or reckless act. For example, causing a fatal car accident while driving under the influence of drugs or alcohol is criminally negligent homicide. You can also be charged with involuntary manslaughter if someone dies because of your high level of negligence in performing a lawful act. 

The consequences of a conviction are significant

Murder draws the most serious punishment, because society regards it as its most terrible crime. A conviction may result in a lenghthy prison sentence. 

If you do receive less than a life sentence, when you get out you may find it very difficult to get a job or find a place to live. You will also have lost some of the basic rights of citizenship, such as the right to vote and own a gun.

Skilled criminal defense is essential

For any legal issue, it is smart to retain an attorney experienced in defending those accused of homicide. But it is absolutely essential when you need a criminal defense attorney ? particularly when going up against a murder charge.

You need a criminal defense attorney who will:

• Make an effective argue for dropping of or reduction of charges
• Investigate every aspect of the case
• Challenge prosecutor’s evidence
• Negotiate for a plea if appropriate
• Obtain for bail 
• Strategize jury selection
• Be prepared to fight vigorously in court

And, if you are found guilty:

• Present mitigating factors that might reduce your sentence
• Appeal your case
• Represent you at parole hearings

If you’ve been charged with murder, contact our criminal defense attorneys for an immediate review of your case.

If you or someone you love has been arrested, or you even think an arrest is possible, get the advice of an experienced criminal defense attorney as soon as possible. Your attorney may be able to work with the police and public defender’s office to have charges reduced. Then, he or she will fight for your rights through every stage of the process, including:

• Challenging evidence
• Negotiating a plea deal when appropriate
• Arguing for bail 
• Investigating your case
• Arguing your case 

And, if you are found guilty:

• Presenting mitigating factors for a lighter sentence
• Appealing your case
• Representing you at parole hearings

Understanding  felonies

Whether a crime is categorized as a felony or a misdemeanor depends on the seriousness of the charge and the maximum punishment for the crime.  Felony charges are reserved for society’s most serious crimes, including:

• Aggravated Assault
• DWI, third offense
• Burglary
• Arson
• Drug trafficking 
• Rape
• Manslaughter and murder

Crimes that run afoul of federal laws are nearly always considered felonies. They include:

• Kidnapping across state lines
• Selling illegal drugs across states lines
• Civil rights violations
• Mail fraud
• Committing a crime on federal property or against a federal employee 

The consequences for being convicted of a felony are very serious. You may have to pay a steep fine and serve significant time in state or federal prison. When you get out, you may have trouble finding a job and a place to live, and may lose some citizenship rights, such as the right to vote and own a gun. In capital cases, you may never be released, and may even face the death penalty.

The legal process

First, your attorney will begin preparing your defense immediately, and will represent you at an arraignment hearing. Here, the charges against you will be read, and you will plead either guilty or not guilty. Your attorney will request bail, if applicable, and the judge will decide whether or not to grant it and set the amount.

Then, you will usually have at least one preliminary hearing. Here, your attorney and the prosecutor will present lists of witnesses, disclose documentary evidence, and sometimes argue for or against certain evidence.  Each case?your case?is unique. Yet the best defense is always to retain a skilled criminal defense attorney.

Drug charges can range from simple misdemeanors to multi-jurisdictional federal felonies. Regardless of the charge, you need a competent and dedicated criminal defense attorney to help you obtain the most favorable outcome. Depending upon the nature of your drug crime, your attorney may also advocate on your behalf for the imposition of an alternative sentencing structure wherein you are able to obtain rehabilitation for an underlying substance abuse problem. By working with an attorney through the drug defense process, you are taking the guesswork out of the prosecution’s next move and are gaining greater control over the outcome of your case.

Drug Possession Cases

Drug possession crimes generally fall into two categories: possession for personal use and possession with intent to distribute. The former likely carries a lower penalty and the distinction between the two crimes is often a source of contention between prosecutors and drug defense attorneys. The criminal code contains guidelines for determining whether the accused had the intent to distribute the drugs in his possession or was merely transporting the contraband for personal use. Factors considered include:

• Quantity of drugs in the defendant’s possession;
• Location of drugs when found (e.g., pocket or container);
• Presence of baggies or a scale;
• Observance of hand-to-hand transactions with others;
• Presence of large amounts of money in the defendant’s possession.

Drug Cultivation or Manufacture

If you are facing charges relating to the cultivation of marijuana or the manufacture of illegal drugs, you should have a criminal defense attorney aggressively representing you because of the severity of the potential consequences. Law enforcement often circumvents the bounds of constitutional criminal procedure when engaging in the surveillance of alleged manufacture or grow operations. For this reason, there is a possibility you could have these charges dismissed altogether if your attorney can successfully argue for the suppression of drugs seized as a result of unlawful surveillance.

Drug Sales or Trafficking

Drug trafficking activity often crosses state or national lines and could result in the involvement of federal authorities in your drug crimes case. If you are facing both state and federal drug trafficking allegations, your attorney may begin by arguing that only one prosecution is necessary. Your lawyer will also represent your rights to a reasonable bond as judges overseeing drug trafficking cases routinely post bonds in excess of $250,000.00

If you are caught engaging in drug sales, you could face serious felony penalties depending on the amount and type of drugs sold. There are also sentencing enhancements for drug sales within a certain distance of a playground, school or daycare. Regardless of the nature or extenuating circumstances of your drug sales charge, your lawyer will advocate for a reduction or dismissal of charges – particularly if this is your first offense or you are engaged in the sale of small quantities of drugs.

Call us Today for Help with Your Drug Crimes Case

Even if you are facing a misdemeanor penalty, you are best-advised to work with a drug crimes defense attorney throughout your case. The prosecution loves to see a self-represented opponent and will not arrange for special treatment for any pro se drug defendant. Contact our drug crimes criminal defense law firm to protect your rights and criminal record.

Drug charges can range from simple misdemeanors to multi-jurisdictional federal felonies. Regardless of the charge, you need a competent and dedicated criminal defense attorney to help you obtain the most favorable outcome. Depending upon the nature of your drug crime, your attorney may also advocate on your behalf for the imposition of an alternative sentencing structure wherein you are able to obtain rehabilitation for an underlying substance abuse problem. By working with an attorney through the drug defense process, you are taking the guesswork out of the prosecution’s next move and are gaining greater control over the outcome of your case.

Drug Possession Cases

Drug possession crimes generally fall into two categories: possession for personal use and possession with intent to distribute. The former likely carries a lower penalty and the distinction between the two crimes is often a source of contention between prosecutors and drug defense attorneys. The criminal code contains guidelines for determining whether the accused had the intent to distribute the drugs in his possession or was merely transporting the contraband for personal use. Factors considered include:

• Quantity of drugs in the defendant’s possession;
• Location of drugs when found (e.g., pocket or container);
• Presence of baggies or a scale;
• Observance of hand-to-hand transactions with others;
• Presence of large amounts of money in the defendant’s possession.

Drug Cultivation or Manufacture

If you are facing charges relating to the cultivation of marijuana or the manufacture of illegal drugs, you should have a criminal defense attorney aggressively representing you because of the severity of the potential consequences. Law enforcement often circumvents the bounds of constitutional criminal procedure when engaging in the surveillance of alleged manufacture or grow operations. For this reason, there is a possibility you could have these charges dismissed altogether if your attorney can successfully argue for the suppression of drugs seized as a result of unlawful surveillance.

Drug Sales or Trafficking

Drug trafficking activity often crosses state or national lines and could result in the involvement of federal authorities in your drug crimes case. If you are facing both state and federal drug trafficking allegations, your attorney may begin by arguing that only one prosecution is necessary. Your lawyer will also represent your rights to a reasonable bond as judges overseeing drug trafficking cases routinely post bonds in excess of $250,000.00

If you are caught engaging in drug sales, you could face serious felony penalties depending on the amount and type of drugs sold. There are also sentencing enhancements for drug sales within a certain distance of a playground, school or daycare. Regardless of the nature or extenuating circumstances of your drug sales charge, your lawyer will advocate for a reduction or dismissal of charges – particularly if this is your first offense or you are engaged in the sale of small quantities of drugs.

Call us Today for Help with Your Drug Crimes Case

Even if you are facing a misdemeanor penalty, you are best-advised to work with a drug crimes defense attorney throughout your case. The prosecution loves to see a self-represented opponent and will not arrange for special treatment for any pro se drug defendant. Contact our drug crimes criminal defense law firm to protect your rights and criminal record.