The post Will I Lose My License After a DUI Stop? appeared first on Gurion Legal.
]]>If you’re wondering if you will lose your license after a DUI stop and end up with a charge, a DUI attorney can fight the charges on your behalf and build a solid defense. If they are successful, you could avoid a conviction.
After getting charged at a DUI stop, the person who received the charge might not receive an immediate license suspension. Many states give a grace period before the license gets suspended.
Within the grace period, they must request a hearing with the Department of Transportation (DOT). During the hearing, they can plead their case in hopes of avoiding getting convicted of a DUI and losing their license. If they fail to request a hearing during the grace period, upon the final day, the state will suspend their license.
The hearing with the DOT usually consists of the judge, the arresting police officer, the defendant, and an attorney if the defendant chooses to hire legal representation. When attorneys represent the person charged with the DUI, they can help them keep their license and avoid harsher punishments.
The following generally happens at the hearing:
The hearing occurs before the criminal trial. Typically, the prosecution will offer a plea deal. If the defendant accepts, they can avoid a trial and face the consequences of the plea deal. If they reject the plea deal, the defendant will go to court against the prosecution for a criminal trial.
At a criminal trial, the prosecution must prove to a judge and jury that the defendant is guilty beyond a reasonable doubt. Defense attorneys come to the trial after preparing a solid case to prove their client isn’t guilty.
During a criminal trial, the following typically plays out:
There are three potential outcomes to a criminal DUI trial. The jury can state whether the defendant is guilty, not guilty, or disagreed on a decision. If the jurors don’t agree on a decision, the defendant is neither guilty nor not guilty. The law considers this situation a mistrial. When there is a mistrial, the prosecution could develop a new case with a new jury.
One of the greatest benefits of having representation from a DUI attorney is they have many defensive strategies for DUI charges. By developing a strong defense, the defendant has a better chance of keeping their license.
Law enforcement officers must have a justified reason to pull someone over. Police officers must see the driver commit a traffic violation, or they have probable cause someone is committing a violation before they can pull them over.
On top of the officer needing probable cause to make the stop, they must have probable cause for administering BAC tests or field sobriety tests. For example, someone must have bloodshot eyes, slurred speech, or another sign they were driving under the influence. Police officers can’t just assume someone is driving while intoxicated because they’re driving late at night.
Suppose the police can’t provide evidence of probable cause before administering BAC and field sobriety tests. In that case, the defense could claim that law enforcement collected their evidence during an illegal traffic stop. If they can prove the stop was illegal, they could have that evidence thrown out during the court case.
A large portion of evidence in a DUI case depends on the arresting police officer’s version of events. The defense can poke holes in their testimony by providing other reasons why their client had symptoms of intoxication.
For example, if someone’s eyes are glazed over or bloodshot, the defense could provide other reasons why their eyes look like that besides intoxication. In addition, defensive attorneys have likely handled many similar cases and know how to discredit the testimony of the arresting police officer.
The officer’s observation of events is crucial in a DUI case.
Other signs the officer could have noticed that caused them to order the BAC test includes:
Regardless of the police officer’s testimony, defense attorneys can develop other reasons why the police officer didn’t have a right to order the BAC test.
When someone gets pulled over after law enforcement has a suspicion of driving while intoxicated, they could require the driver to submit to a BAC test. On the scene, police officers commonly use Breathalyzer tests. Once they get to the station, they could take a blood or urine sample that could provide more accurate results.
Regardless of how the arresting police officer administered the test, there are ways to challenge the results. This is especially true if law enforcement used a Breathalyzer to determine the BAC level.
Common challenges include:
Breathalyzers are typically easier to challenge than blood or urine tests. Because of this, people who get pulled over at DUI stops should not refuse the Breathalyzer test. Refusal could lead to harsher consequences.
If the arresting officer doesn’t read the defendant their Miranda Rights during the arrest, they could lose the opportunity to prove the defendant is guilty.
The Miranda Rights include:
Anytime a person goes into police custody, they must have their Miranda Rights read to them. If not, the defense could challenge anything the defendant says during questioning or during their time in jail.
A common way for someone to lose their license during a DUI traffic stop is to refuse the BAC test. Many people might think refusing could help them avoid a DUI because law enforcement can’t prove they drove while intoxicated. However, that is not always the case. In many states, when someone refuses a BAC test, they could face a one- or two-year suspension of their driver’s license.
Depending on the state, when someone has their first BAC test refusal, they could face a one-year driver’s license suspension. When they refuse a BAC test twice within a seven-year period, they could face a two-year driver’s license suspension.
Again, it is more beneficial to the driver to take the BAC test when requested and fight the results later. Refusing the BAC test gives the driver a higher chance of losing their license for a long time.
If you are worried that you will lose your license after a DUI stop, you may benefit from the help of a criminal defense attorney. They have represented many people who received DUI charges and helped them avoid a conviction. With their advocacy, many clients have kept their licenses after a DUI stop because they poked holes in the prosecution’s case.
You can reach out to the local Phoenix criminal defense law firm and ask about a free consultation and discuss your legal options. They can also provide information about how the attorneys can help you and the steps we can take to defend your driver’s license.
The post Will I Lose My License After a DUI Stop? appeared first on Gurion Legal.
]]>The post What Is Negligent Homicide? appeared first on Gurion Legal.
]]>The authorities may accuse you of negligent homicide if your behavior is so careless or reckless that another person dies as a result.
Examples of negligent homicide include:
In each of these examples, the person did not intend to kill anyone. They may not have even realized that their actions could be deadly. Nevertheless, someone died because of their actions and this is a punishable crime in the eyes of the law.
Negligent homicide is one of several crimes that describe the unlawful death of another person.
Others include:
The charge you face will depend not only on what actually happened but also on the police’s perception of what happened, how much evidence the prosecution can find, and if your lawyer can get the charge reduced.
The biggest difference between murder and homicide is intention. In other words, did you mean to kill anyone? If yes, you may face murder charges. If not, you may face a manslaughter or negligent homicide charge.
This is the reason why murder charges tend to be more severe than homicide charges: while any loss of life is tragic, taking life deliberately is more serious than doing so by accident.
There are several different “levels” or classes that the law uses to divide and differentiate criminal actions. Usually, Class 1 or Class A offenses are the most serious, and crimes decrease in severity as the numbers get higher or you work your way down the alphabet.
The law classifies negligent homicide as one of the “less serious” types of homicide. If convicted, the penalties you face may not be as burdensome as those for first-degree or second-degree murder. However, they can still have a devastating impact on all aspects of your life, including your:
A negligent homicide conviction could force you to spend a lengthy period of time behind bars, taking you away from your job long enough that your employer may fire you.
You could also have a hard time finding a good job after leaving prison. Many employers do not want to hire convicted felons, even those who were falsely convicted or have already served their sentence.
The impact on your career could also affect your ability to support your family and maintain their standard of living. If the judge sentences you to pay large fines or restitution, you may have to borrow money or deplete your life savings to meet your legal obligations.
Prison severely limits your access to family, friends, and loved ones. If you are sent to prison, you will not be able to watch your children grow up or participate in social gatherings.
Even after you leave prison, people you once shared close relationships with may not want to spend time with you. They may believe you are guilty, or they may not want to “sully” their reputation by spending time with a convicted felon.
Facing such a serious charge can have a negative effect on your mental health in and of itself. If you are convicted of such a crime and have to spend years behind bars, the impact could worsen significantly.
Prison is not a healthy environment, especially if you are condemned to spend years of your life there. The mental effects of your punishment could stay with you for the rest of your life.
All of the above factors can have long-lasting consequences for both your future and your family’s future.
If you have prior convictions for negligent homicide or a similar crime (e.g., assault or manslaughter), you could face harsher penalties than if you have no prior criminal record. Fines and prison terms tend to increase with each conviction and so does the toll on your finances, family, and health.
What you do now could very well determine your entire future. As soon as the police charge you with negligent homicide, it’s a good idea to find an attorney to represent you. Your attorney can ensure that no one makes unfair assumptions about your case, no matter what your record looks like.
Many of the penalties described above are certainly unfair. Once someone has “paid their debt to society,” they should not have to endure further discrimination and punishment from that society.
If you are accused of any crime, including negligent homicide, it’s in your best interest to contact a criminal defense lawyer immediately.
Do not try to convince the police of your innocence or answer any questions until you have:
Once your lawyer arrives, they can take action to protect your rights by:
With the right lawyer, your case could end after this initial encounter, for example, the police may realize they do not have sufficient evidence to hold you and let you go. However, if the police have strong evidence against you or good reason to believe in your guilt, you may have to rely on your lawyer for continuing protection.
In the United States, the legal system depends on the “presumption of innocence” in other words, the prosecution bears the burden of proof and must show beyond reasonable doubt that the accused is guilty. The criminal defense attorney’s job is to instill doubt in the prosecution’s story.
The types of evidence available in your case depend on your specific circumstances.
Your lawyer might look for:
If you are charged with a crime, you may assume that your case must inevitably go to trial. This is not necessarily true.
Your criminal defense lawyer might pursue alternative options, such as:
What happens if your case does end up in court? Your attorney could serve as your courtroom advocate by:
Remember that your lawyer does not have to create an airtight case for your innocence. As long as they convince the jury that the prosecution has presented a flawed case, the jury has a legal obligation to set you free.
The police and the courts are not your advocates: even those who may want to help you are bound by the law to follow certain rules, which include not “playing favorites.” When you face criminal charges, the only legal professional who can assist you is a criminal defense attorney.
If you face negligent homicide charges, you will want to act fast as you look for and choose an attorney.
Here are some things to look for in a criminal defense lawyer:
No law firm can guarantee success in every case. However, they can take away much of the confusion and stress associated with building a criminal defense.
When determining whether or not a law firm is worth the price, consider what would happen if you lost your case.
Would you:
Weigh these possibilities against the cost of legal expenses and attorney’s fees. If you have any questions about legal costs, you can ask your lawyer.
Everyone deserves access to dedicated, compassionate legal help. If you have been accused of negligent homicide or another crime, an attorney can fight hard for your rights and make sure that all representatives of the law respect those rights at every turn.
Contact a Phoenix criminal defense law firm for legal help or more information about what happens if you negligent homicide.
The post What Is Negligent Homicide? appeared first on Gurion Legal.
]]>The post What Happens if You Refuse a BAC Test? appeared first on Gurion Legal.
]]>A one- to two-year license suspension is a common consequence if you refuse a BAC test. Typically, it is better to take a test and allow a DUI attorney to handle the rest. There are many defenses they can create to show a judge that the results are inaccurate; therefore, the court should dismiss the charges or reduce the sentence.
A blood alcohol content (BAC) test measures the level of alcohol in the blood. The amount of alcohol in the blood varies based on how much alcohol a person drinks, how quickly they drink it, how much food they consume before drinking, and their age and weight.
If someone drinks more alcohol than their liver can break down, they can experience intoxication and have an increased BAC level.
The Centers for Disease Control and Prevention (CDC) states that 32 people die in the United States every day because of a drunk drivers. Laws are put in place to lower the risk of drunk drivers, and police use a BAC test to determine someone’s level of intoxication.
BAC tests are helpful tools for law enforcement because they provide proof of how intoxicated someone is. The higher the BAC percentage, the more intoxicated a person is.
According to the National Highway Traffic Safety Administration (NHTSA), BAC-level percentages impair drivers in the following ways:
Since the legal limit in most states is .08 percent, anyone who has a BAC above that percentage could receive a DUI, and the prosecution can use the BAC test results as evidence during a case.
Law enforcement utilizes BAC tests for legal evidence when they suspect someone was driving while intoxicated. If their BAC is above the legal limit, police can issue a DUI.
Situations, where law enforcement could request a BAC test, include if they notice a driver exhibit intoxication symptoms, and they may include:
The BAC results help law enforcement officers determine if they will move forward with an arrest or if the driver is safe to continue driving. For example, if the driver’s BAC level is above .08 percent, they will likely arrest for driving under the influence of alcohol.
There are two types of BAC tests law enforcement officials use. It depends on how quickly they need the results of the test.
For example, Breathalyzers can provide results faster, while blood tests can provide more accurate results.
If the driver receives a DUI charge, the BAC results will get used as evidence against them.
Many people believe that if they refuse to take a BAC test, law enforcement won’t have evidence to prove they drove intoxicated. However, law enforcement can still arrest someone suspected of driving while intoxicated, and that person may face further consequences for refusing the BAC test.
Most states have implied consent laws, stating that when someone gets a driver’s license and drives on the roads, they give consent for law enforcement to stop them on suspicion of drunk driving. This also implies they consent to any necessary tests to determine if they have an intoxication level over the legal limit. If they refuse, they may face penalties.
During a court hearing, law enforcement could use the refusal to cooperate by taking the test as an admission of guilt. If you’ve refused a Breathalyzer test, an attorney can build a solid defense to help you avoid further charges.
In most states, after refusing a Breathalyzer test:
Again, law enforcement could use the refusal of the BAC test as evidence against the defendant if the case goes to trial.
After refusing a BAC test, law enforcement will follow certain procedures that may result in suspending the suspect’s driver’s license.
The following steps include what happens next in that scenario:
Attorneys can provide legal representation throughout the entirety of this process. When someone receives a DUI, they might not know the steps and procedures to follow. Attorney can inform their client of their legal rights and options, so they know what to expect through the hearing process.
While BAC results could serve as evidence against the defendant, it is typically in their best interests to take the test. In general, when someone refuses the test, either law enforcement can quickly secure a warrant and require it anyway, or they could receive a license suspension.
Another reason to take the test is that attorneys can fight that the results are inaccurate. When the BAC results come from a Breathalyzer, many defenses may indicate the Breathalyzer did not provide an accurate result. DUI attorneys typically have the skills and knowledge needed to prove the Breathalyzer provided inaccurate results.
After someone receives a DUI charge, it doesn’t necessarily mean they will have to face the consequences of a DUI. Breathalyzers can malfunction and produce results that aren’t accurate. Attorneys who represent clients who provided a sample through a Breathalyzer test can fight that there are inaccuracies in the results.
Other defenses include:
Getting a DUI charge is an intimidating experience for anyone. They might worry about how this could affect their job or ability to drive in the future. Thankfully, there are options available to help defendants avoid convictions.
DUI attorneys know the steps to take to help their clients get their charges dismissed or lowered. Just because they received a charge doesn’t mean they have to deal with the consequences of a conviction for the rest of their life.
If law enforcement stopped you and you refused the BAC test, you could face harsh penalties, including a license suspension. A criminal defense lawyer advocates for defendants and works to help them avoid convictions. When you’re in trouble, call on a team to build a case to have your charges dismissed or lowered.
Contact a Phoenix criminal defense law firm for legal help or more information about what happens if you refuse a BAC test. A legal representative can answer your questions and provide information about your legal options. With a lawyer by your side, you can rest assured that they will take care of your legal matters.
The post What Happens if You Refuse a BAC Test? appeared first on Gurion Legal.
]]>The post Hit and Run/Leaving the Scene of an Accident appeared first on Gurion Legal.
]]>A criminal defense attorney can help if you face hit-and-run-related charges after a DUI or another type of motor vehicle accident.
Each state has its own hit-and-run laws, as well as its own set of penalties handed down to those convicted of this crime.
Generally, the definition of a hit-and-run includes:
Why might someone commit a hit-and-run?
Reasons include:
There are valid reasons why a person may need to leave the scene of an accident.
The law often makes allowance for this and will not classify an action as a hit and run if:
You should not face any consequences if you left the accident scene for these reasons. However, car accidents are often chaotic and traumatizing events.
You may act within the law and with the best of intentions and still end up facing hit-and-run charges due to:
Facing any charge can be scary, but do not panic. Rash actions, like leaving the scene of the accident or resisting arrest, could make things worse for you in the long run. A criminal defense attorney can see to it that the law treats you fairly.
Whatever your perceived role in the accident whether you are the alleged perpetrator or simply a survivor you have certain rights that the responding police officer must uphold.
These include the right to:
It is important to realize that, while you do have the right to do all of these things, refusing to cooperate with the police may carry its own consequences. Some people may flee the accident scene so they do not have to worry about how they will handle the police or face any consequences at all. Ultimately, this could lead to serious penalties, from jail time to fines.
Even if you have nothing to hide, realize that the police are not your friends. Do not speak freely around them without a lawyer present.
Here are some actions you can take to protect yourself if authorities accused you of a hit-and-run:
While leaving the scene of an accident may seem like an easy solution, the consequences could be far more severe than if you had stayed.
If caught and convicted of a hit and run, you could face:
How serious are these penalties?
They depend on:
Penalties like fines and prison time could prevent you from ever again living the kind of life you want.
The conviction could:
You may understandably feel overwhelmed and afraid after the authorities charge you with a hit and run and/or other vehicular crimes.
It may help to remember that:
Your lawyer can decide how to defend you once they have a chance to investigate the alleged hit and run.
They could:
Sometimes, the prosecution’s case hinges on one piece of evidence. If your lawyer can have that information disregarded, then the state might not have a valid argument. Your legal team can review this possibility after reviewing your situation.
The legal system is not always accessible to the average person.
If you try to represent yourself without a lawyer, you would bear sole responsibility for:
Very few laypeople can handle these tasks alone. This is especially true if you also face insurmountable stress. Criminal defense attorneys protect their clients by performing all of these tasks on their behalf.
They work directly with clients to:
Hiring a criminal defense attorney is an important step, but you still have a vital role to play in your own defense.
You should prepare to:
Your case may end with:
No lawyer can guarantee a particular result, but they can demystify the legal process and make sure the legal system treats you with respect.
If authorities accused you of a hit and run or leaving the scene of an accident, exercise your right to partner with a defense lawyer. The sooner you get legal help, the sooner a lawyer can start defending your rights.
Many Phoenix criminal defense law firms offer no-obligation consultation where clients can ask questions and get answers. You could also benefit from such a meeting as well as comprehensive legal support.
The post Hit and Run/Leaving the Scene of an Accident appeared first on Gurion Legal.
]]>The post Don’t Run From the Police: Unlawful Flight From Police appeared first on Gurion Legal.
]]>It’s a much better and safer idea to stop for the police and then hire a lawyer to defend you. A criminal defense lawyer can work to protect your rights, no matter how or why the police arrested you.
It is law enforcement’s job to chase down anyone they believe has committed or is in the process of committing a crime, including:
Sometimes, the police are correct in their judgment of a suspect’s actions, in other words, the suspect really did commit a crime. In other cases, the police make a mistake and end up chasing an innocent person.
Either way, do not run from the police. Doing so constitutes an unlawful flight from police and could give law enforcement another reason to charge and detain you. It could also cement your guilt in their eyes and prompt them to take more severe action against you.
Knowing that the police are after you can be a frightening experience, especially if you have previous convictions on your record. It’s all too easy to start running or driving away the minute the police come into view.
As difficult as it may be to remain calm in these circumstances, doing so could be vital to your future and even your survival. Actions you should take instead of running from the police include:
At this point, you should state that you are invoking your right to remain silent and will say nothing else without a lawyer present.
After speaking to you, the police may decide to arrest you or let you go. Do not assume that you are safe just because the police allowed you to leave.
Consider these examples and see if they might apply to your situation:
While you should not run from the police, you do not have to tolerate abuse or pressure to confess. Even if the police do not arrest you immediately, you could still face serious charges. Hiring a criminal defense lawyer, rather than engaging in unlawful flight from police, is an excellent way to protect yourself.
Your rights do not diminish or go away just because you have committed a crime (or the police believe you have committed a crime). The police must treat you in accordance with state and federal laws throughout every interaction.
If the police ever fail to respect your rights, the court may refuse to accept some or all of their case. Part of a defense attorney’s job is to review the police’s actions and make sure they behaved lawfully at all times. This process protects your rights and lets the police know they cannot get away with abusing suspects.
Not only does fleeing from the police make you look guilty (even if you are not), but it may also constitute a crime in and of itself. Therefore, you could face additional penalties for unlawful flight from police on top of whatever penalties you incur from your other alleged crimes.
Penalties for running from police may include:
In extreme cases, running away could cause the police to use deadly force (such as shooting at you or your vehicle) to get you to stop. You could end up with serious or even fatal injuries.
When the police suspect someone of a crime, they may decide how to treat that suspect based on:
Unfortunately, how the police treat suspects varies widely, and the reasons for this variance do not only depend on the nature of their crimes. As the Harvard Gazette recently reported, racial bias has always tainted law enforcement’s mission “to protect and serve.”
You need to do what you can to end your confrontation with the police as quickly and peacefully as possible. This way, you can move on to the next step of hiring a criminal defense attorney to protect you and your rights.
Contacting a criminal defense attorney is the most important thing you can do for yourself if the police accuse you of any crime. Your attorney can:
You cannot protect your rights if you do not understand them. Criminal defense law firms devote themselves to educating clients about how to behave around the police and other law enforcement representatives.
The sooner you can contact an attorney after interacting with the police, the better.
By doing so:
Does this mean you should not bother hiring a lawyer if your case is already in progress? Absolutely not. It’s never too late to hire a criminal defense attorney to advocate for you.
If you do hire a lawyer later in the process (for example, if you have to fire your first attorney for unsatisfactory service), tell them honestly about what has happened so far and why you chose to hire them now. The more they know, the better defense they can build.
The Fifth Amendment of the U.S. Constitution states that no citizen can “be compelled in any criminal case to be a witness against himself.” You may know this better as the “right to remain silent” or “taking the Fifth.”
As soon as the police arrest you, invoke your right to remain silent and your right to an attorney.
Once your lawyer arrives, speak honestly with them about everything, including:
This information helps tell your lawyer how best to protect you.
They can insist on being present when the police interrogate you, stop you from answering incriminating questions, and stop the police from asking illegal questions or using illegal methods, such as:
After discussing your case with you, your criminal defense attorney can start investigating both the alleged crime and your alleged role in that crime.
Their investigation may include:
They can also contact the prosecuting attorney to find out what evidence they have collected against you. The defense and the prosecution are allowed to exchange and discuss all evidence. This process, known as “discovery,” makes it easier for your lawyer to familiarize themselves with the situation you now face.
Your case may go in one (or more) of several directions, depending on your criminal defense lawyer’s advice and the evidence they can find.
For example, your attorney might:
Only you and your lawyer can decide which of these options is best for you. Making these decisions with an attorney’s help is much less stressful than trying to make them on your own. Their knowledge, experience, and support can guide you throughout the entire legal process.
If you run from the police, you could make your situation much worse for yourself. Instead of engaging in an unlawful flight from police, you have the right to hire a criminal defense attorney to defend you against whatever charges the police have made.
Criminal defense attorneys can protect clients against charges of all kinds, including unlawful flight. Don’t take matters into your own hands reach out to a criminal defense lawyer today.
The post Don’t Run From the Police: Unlawful Flight From Police appeared first on Gurion Legal.
]]>The post What Happens if You Refuse a Breathalyzer Test? appeared first on Gurion Legal.
]]>After refusing the Breathalyzer test, you could have a hearing to determine if the license suspension will stand. Having a criminal defense attorney by your side through these proceedings can help tremendously.
They can provide evidence that the police didn’t have a reasonable suspicion to believe you were intoxicated and had no right to request you take the Breathalyzer test, among other possible defenses. In addition, to know more about what happens if you refuse a Breathalyzer test, a DUI attorney can provide guidance.
Each state has different laws determining what happens if someone refuses to take a Breathalyzer test. In many states, drivers can refuse a Breathalyzer, blood, or another chemical test. However, in some states, the police need the warrant to force someone to take the test.
Just because people have the right to refuse a Breathalyzer test doesn’t mean it won’t come without consequences. If someone refuses a Breathalyzer test, their driving privileges could be suspended for one year or more. In some states, refusing to take a test for a second time within a certain period could lead to enhanced penalties, such as a longer driver’s license suspension.
Once an officer takes the driver’s license away, they can typically get a temporary driving permit, valid for a short period. They can then challenge the suspension if they request a hearing within the timeframe specified by the state. Again, hiring a criminal defense attorney can help to ensure that offenders don’t miss deadlines regarding these hearings.
After someone refuses a Breathalyzer test, they could have to deal with a license suspension of one year or more.
Other things that could happen include:
After the license suspension, the person who refused the test could get their license reinstated. Although, they may first need to take a drug and alcohol education program before getting their license back.
After refusing a Breathalyzer test, the police officer will likely file documentation with the state’s motor vehicle department indicating that they refused the Breathalyzer test. Then, the person who refused the test could have to surrender their license to their state. After that, the person who refused the test could submit a hearing request, and the state will schedule it within a certain timeframe.
At the license suspension hearing for a Breathalyzer refusal, the following needs to happen:
With the police having this responsibility of proof, this could help your case especially if you have an attorney poking holes in their story and providing a reasonable explanation as to why you refused.
If the police cannot prove they had reasonable suspicion to order the Breathalyzer test, the charges could get dropped. During these proceedings, the individual who requested the hearing could represent themselves or hire a criminal defense attorney. A criminal defense attorney could help because they can know the right things to say and the correct evidence to present.
A Breathalyzer refers to a device that tests someone’s blood alcohol content (BAC) in their system. Law enforcement officials could get this data through blood, saliva, urine, or breath samples. When officers pull someone over that they suspect has been drinking, the Breathalyzer offers the easiest and most efficient way to get quick information about someone’s BAC level.
Breathalyzers work when someone blows into the device and estimates their BAC. This will show the amount of alcohol in someone’s blood. Law enforcement uses this percentage to determine if someone has more than the legal limit in their body while driving.
When someone drinks alcohol, the body’s stomach lining absorbs it and puts it into the bloodstream. When blood passes through the lungs, the alcohol can evaporate into the lungs and therefore, a Breathalyzer can get a BAC reading through breath.
Breathalyzers do have a margin of error when it comes to identifying someone’s BAC level. For instance, these test results can vary based on the device’s calibration or biological factors for the test taker. So, people may get charged with DUIs because of an inaccurate Breathalyzer test. Likewise, if law enforcement doesn’t properly maintain or calibrate the Breathalyzer test, they may not get an accurate result.
With the inaccuracies of some Breathalyzer tests, they could get thrown out as evidence because they may not provide conclusive proof that someone drove over the legal limit. A Breathalyzer also can’t account for the factors that could affect its reading.
Several factors could affect the accuracy of a Breathalyzer test, including:
Several factors can influence the accuracy of the Breathalyzer, and each person has factors that could affect their BAC level. For example, females metabolize alcohol differently than men because they have less alcohol dehydrogenase. This could increase their level even after drinking the same amount as men. In addition, having food in the stomach can also slow the absorption of alcohol.
Most states prohibit driving with a BAC that exceeds 0.08 percent. If you get pulled over and asked to take the test, it might feel tempting to refuse a Breathalyzer. While refusing to provide a breath sample for a Breathalyzer test could eliminate evidence for a DUI, the prosecution could use the refusal as admitting guilt.
When people refuse the test, they could face the consequences. To avoid these penalties, an attorney can take the appropriate steps to help.
Common steps an attorney could take to help their client in this situation could include:
Getting a criminal defense lawyer soon after the incident could help the case significantly. Unfortunately, many people who don’t seek legal assistance don’t know their rights after refusing a Breathalyzer and might accept that their license will get revoked.
Law enforcement uses a Breathalyzer to determine if someone has a high BAC level. This can help to keep the roads safer by reducing the number of drunk drivers. The higher someone’s BAC level, the more the alcohol could affect their driving capabilities.
The following BAC levels could affect drivers in the following ways:
In most states, the legal BAC limit is 0.08 percent. If someone has a Breathalyzer test result over that percentage, they could get charged with a DUI. People who believe their Breathalyzer will read over the legal limit might refuse to take the test because they fear the potential consequences of a DUI. Unfortunately, you could face many penalties if you refuse to take the Breathalyzer test.
You can contact a criminal defense team for more information about what happens if you refuse a Breathalyzer test. A lawyer’s team can explain the necessary steps to ensure you get a hearing. A lawyer can also build a solid defense on your behalf so you have a chance at keeping your driver’s license.
Many law firms offer free consultations. They can provide information about your legal options and inform you of how they can help. In addition, a lawyer can aggressively advocate for you to keep your license and help you move on with your life after this incident.
You don’t have to allow a Breathalyzer refusal to uproot your life for a year or two. A lawyer can help you avoid a license suspension altogether.
The post What Happens if You Refuse a Breathalyzer Test? appeared first on Gurion Legal.
]]>The post What Is Statutory Rape? appeared first on Gurion Legal.
]]>A sex crimes defense attorney can help you avoid a statutory rape conviction and prepare a defensive strategy to get the charges dropped or lowered.
Statutory rape is sexual intercourse with a person under the age of consent. The age of consent varies by state, and it ranges from 16 to 18 years of age. Arizona, for example, sets the age of consent at 18, per state law. Whether the person consents to the sexual act or not, the law considers it a crime if they are under the age of consent.
Statutory rape is a felony offense in many states, depending primarily on the exact age of both parties. If they are very close in age, the law could classify the crime as a misdemeanor. On the other hand, if the victim is very young, such as those under the age of 12, the offender could receive the most severe punishments, such as life imprisonment.
If you receive charges for statutory rape, you could face severe consequences. However, you don’t have to go through this legal process on their own. A criminal defense lawyer knows the proper steps to prepare a solid defense and show the judge or jury you shouldn’t receive a conviction for these crimes.
Steps they could take include:
By taking these steps, an attorney can give you a better chance of getting a “not guilty” verdict. This outcome can help you move forward without having to worry about the long-term consequences of having a conviction on your record.
During the initial investigation, law enforcement could ask you a lot of questions. They may ask these questions to get you to say things that may not be accurate or even use your words against you. However, if you hire a criminal defense attorney, they can speak to law enforcement on your behalf. They should be familiar with communicating with them and the questionable tactics they use on alleged offenders.
Alternatively, if you have to talk to them, your attorney can guide you on what to say and what not to say, ensuring you don’t say anything that could incriminate yourself.
Law enforcement officers will conduct their own investigation into the incident before charging you with a crime. Once you’ve been charged, a criminal defense attorney can also investigate the crime and review the police report and other evidence to determine what happened.
The investigation may also provide the criminal defense attorneys with enough information to poke holes in the prosecution’s case. It’s important to remember that the prosecution must prove beyond a reasonable doubt the defendant is guilty. If the defense attorneys can find inconsistencies in their case, the jury could have a harder time giving a guilty verdict.
A criminal defense attorney can prepare a solid defense to help reduce or drop your charges. With a solid defense, you may have a better chance of avoiding a conviction. There are several potential defenses an attorney could use to protect you.
They may include:
Sometimes, your attorney may create and employ multiple defense strategies to combat these allegations against you. Either way, they can personalize the defensive strategy to ensure it reflects your perspective of what happened.
In many criminal defense cases, the prosecution will offer a plea bargain to avoid a trial. An attorney can provide you with legal guidance and determine if the plea deal is fair. If not, they can represent you in court.
During the entirety of these proceedings, an attorney can lead your case by:
Another benefit of seeking legal counsel from a criminal defense attorney with years of experience with cases like yours is they could know the prosecutors. By working with the prosecution team often, they could be familiar with the types of tactics they use to win their cases, making it easier for them to build a defense.
Many states don’t refer specifically to statutory rape, but instead, they use designations such as sexual assault or sexual abuse.
The punishments for statutory rape vary state by state. In Arizona law, the punishments are:
Sometimes, the circumstances of the incident may affect the penalties the alleged offender could face. For example, if the victim is at least 15 and the alleged offender is in a position of trust (e.g., family member, clergyman, teacher, or legal guardian), the prison time could vary.
In any case, if you’re convicted of statutory rape, you could face fines, probation, or community service on top of prison time.
If you’re convicted of statutory rape, you may also have to register as a sex offender. However, just like penalties, registry rules differ by state. For example, you may have to be on the registry for a certain number of years or live however far away from a school or children in general. It depends on the severity of the alleged crime and any prior convictions.
On top of working through these criminal penalties, you could lose your job, lose professional licenses, lose custody of your children, and face civil lawsuits. The consequences could damage your professional and personal reputation, as well as any of your close relationships.
Many people facing charges for statutory rape don’t know where to turn and have a lot of questions on potential next steps. As a result, when these people consult lawyers, common questions come up, including the following:
Rape is nonconsensual sexual intercourse that someone usually commits through force, threats, or fear.
In many states, rape can happen in other ways, including if a person:
Statutory rape is a type of rape. While it is not always forceful, it is the act of having sexual relations with someone who is too young to consent to engage in a sexual act.
After getting charged or accused of committing statutory rape, take action right away and:
Once someone has accused you of statutory rape or you have received a charge, it is crucial you do not attempt to speak to the alleged victim. Only speak to law enforcement if you have an attorney present. They can help to protect your rights to ensure that doesn’t happen.
Even if you’re in a consensual relationship with the alleged victim, if they are under the age of 18 and you are over 18, you could still get charged with statutory rape. The law defines people under the age of consent as not mature enough to make decisions about consenting to have sexual intercourse.
Because of this, even if they said they wanted to engage in sexual activity, the law states they aren’t old enough to make that decision.
If law enforcement charges you with statutory rape, a criminal defense lawyer can defend you against those charges.
You may only want to hire a civil lawyer if the alleged victim or their family files a civil case against you. During a civil case, the victim can try to recover monetary compensation for the losses they endured because of the alleged incident.
If the alleged victim is successful in their case, they could recover damages for the medical bills they accumulated or will accumulate, lost income, pain, and suffering, or emotional distress they experienced because of the incident.
If you face criminal charges for statutory rape, speak to an attorney’s office today. They can analyze your case and explain the potential consequences you could endure. If they decide to take your case, they can build a solid defense to help protect your interests and keep you out of jail or from paying large fines.
During a consultation with a law firm, they may explain your legal options and how they can help you fight these charges of statutory rape.
The post What Is Statutory Rape? appeared first on Gurion Legal.
]]>The post Furnishing Harmful or Obscene Materials to a Minor appeared first on Gurion Legal.
]]>People get caught performing these acts in several situations. Sometimes, a child’s parent will find the evidence and report it to the police, and the child may describe who sent them the materials. In other cases, police officers solicit people in an undercover fashion, acting as minors. If someone sends the undercover officer something obscene, thinking they are sending it to a minor, they could get charged.
According to the U.S. Department of Justice (DOJ), federal law strictly prohibits the distribution of obscene materials to minors. Anyone under the age of 16 is considered a minor. Therefore, if an adult sends someone under that age obscene materials, they could face punishment under federal law.
Other illegal actions under this law include:
Many states also have laws against furnishing harmful or obscene materials to a minor.
For instance, according to Arizona law, any person who presents, provides, gives, sends, distributes, or makes obscene materials available to minors could get charged with a Class 4 Felony. For a Class 4 felony in Arizona, someone could face from one year to 3.75 years in prison if they get convicted.
Harsh punishments exist for furnishing these materials to a minor. As mentioned, if you received this charge, you could face a felony. Felonies carry heavy punishments, such as fines and jail time.
Certain factors could lengthen a defendant’s prison sentence or raise the fines.
These factors include:
Again, however, the sentencing guidelines depend on your state and jurisdiction. An attorney can explain what penalties you could face in your situation and help you build a defense.
Usually, when someone gets charged with furnishing harmful or obscene materials to a minor, an attorney can provide legal assistance. In addition, hiring a criminal defense attorney can give you additional legal resources and a lawyer’s years of experience working with criminal cases.
Defenses an attorney could present in this type of case include:
Criminal defense attorneys understand how to build a solid defense strategy for their clients. With a legal strategy, you may not have to face a conviction for these charges. You could also face lesser fines and penalties.
If someone gets convicted of a felony, they would have to deal with consequences outside of the legal realm. Once someone faces a conviction for this type of crime, it could stay on their record for the rest of their life. Even if someone pays their dues, serves jail time, or pays the fines, their conviction will continue to follow them in many areas of life.
Without an attorney’s knowledge of the courts and experience with criminal cases, defendants can prove more vulnerable to a conviction.
Some of the long-term consequences of a conviction could include:
You should think about the long-term consequences of a criminal conviction. Therefore, anyone going through a criminal trial should consider hiring a criminal defense attorney to represent them. That can give them legal resources to avoid a criminal conviction altogether.
As the U.S. Department of Justice notes, the U.S. Supreme Court established criteria for judges and juries indicating what they should consider when determining if materials are obscene.
The criteria include:
If the materials fall within the realm of these three test items, a judge or jury could find them obscene.
The law criminalizes other acts beyond sending pictures and videos of obscene material.
The following also constitutes obscenity if someone knowingly sent it to a minor:
If you send any materials to a minor and the materials meet these criteria, you could face a felony.
A Class 4 felony can land someone with prison time. While not as severe as Class 1-3 felonies, people charged with Class 1 felonies typically commit a violent crime, such as murder.
A Class 4 felony constitutes the least severe felony and is only one step away from the most severe misdemeanor. Other examples of Class 4 felonies could include theft of a motor vehicle or aggravated assault.
While a Class 4 felony constitutes the lesser of other felony categories, it still carries serious consequences. Someone with this type of felony could face large fines and jail time. This conviction could also stay on their record for the rest of their life. In this case, getting a job or a loan could prove challenging.
Regardless of whether someone sends obscenities over the internet or if they mail them to a minor’s house, federal law views it as a crime.
The following crimes fall under furnishing harmful or obscene materials to a minor:
You commit an illegal act if you transfer such materials to a minor in the United States.
After getting convicted of a crime, you can face challenges in getting off the National Sex Offender Registry. The registry exists for a reason: To inform the public of registered sex offenders. People with children and any others in a neighborhood have a right to know if offenders live near them. This can allow them to better protect their children and themselves.
However, once someone gets on the National Sex Offender Registry, it can prove difficult to get off. The exact legal steps depend on your state’s laws. For instance, Arizona law says you must file a petition to terminate sex offender registration.
In addition, for the courts to consider removing someone from the registry, they must meet certain guidelines.
Depending on the state’s laws, they may need to meet criteria such as:
Once the defendant sends the petition to the courts, they may set a hearing and then notify the victim. The defendant may have to attend a hearing to determine if they will get removed from the National Sex Offender Registry. During this hearing, all parties involved could submit evidence indicating if they should get taken off the registry or not.
If the defendant doesn’t meet any of the criteria above, the courts can deny their petition. The courts can also deny the petition if they believe it does not serve the public’s best interest to provide safety.
If you face the intense penalties and consequences of furnishing harmful or obscene materials to a minor, you want a defense attorney by your side. Call a lawyer today.
The post Furnishing Harmful or Obscene Materials to a Minor appeared first on Gurion Legal.
]]>The post Solicitation of Prostitution appeared first on Gurion Legal.
]]>Below, you can learn about what happens if the state charges you with solicitation of prostitution. You can also learn about the benefits of partnering with a criminal defense lawyer and how they can advocate for your future.
Prostitution occurs when someone knowingly trades money, valuable items, or something else of value for sexual contact. Prostitution laws vary widely from state to state and even between municipalities. For instance, the other person doesn’t always have to be a prostitute. One could solicit sexual activity from a bartender, stripper, or even a friend.
In some cases, someone accused of soliciting a prostitute could ultimately face charges for pandering in some cases. Pandering occurs when someone arranges (or offers to arrange) an exchange of money or valuables for prostitution.
Some places handle prostitution much differently than others. For example, Nevada permits prostitution if it occurs in one of its highly regulated brothels and in a municipality that allows it. This is the only U.S. state to allow legal prostitution, though.
Still, many states do not make it illegal to solicit a prostitute. Under Arizona law, for example, it is illegal to engage in prostitution. However, it is not illegal under state law to solicit a prostitute. Yet, local ordinances in many municipalities make it illegal to offer money for sex or agree to pay for a sexual act.
Under Phoenix city codes, solicitation of prostitution is illegal. Anyone who offers, agrees to, or hires a prostitute to commit a sexual act is guilty of this crime.
A conviction of this crime requires proving that the defendant:
In other words, you cannot accidentally solicit a prostitute under these laws. This is an important part of the defense in many cases.
If you could face charges for solicitation of prostitution, and you are not sure of local laws, consider connecting with a criminal defense attorney near you. Contacting a lawyer as soon as possible can protect your rights and potentially get a better outcome in your case.
Sometimes, attorneys can present strong evidence before prosecutors file charges against their clients, clearing their client’s name before there is a public record of what happened. Depending on your situation, this could serve as a feasible option.
Hiring a prostitute may not seem like a serious offense, but there are significant consequences. You could face jail time, fines, probation, and community service from the criminal court system, in addition to societal consequences. Your arrest and conviction could greatly affect your daily life.
Criminal penalties increase with each offense. This is important in these cases because some offenders are habitual. This means they face arrest for the same crime again and again. You could face harsher penalties with each subsequent arrest if this happens to you.
Being convicted for soliciting prostitution may result in:
Being arrested for soliciting a prostitute can come with other criminal charges. For instance, maybe at the time of your arrest, the police discovered you possessed illicit drugs. In that situation, you could face penalties in addition to soliciting prostitution.
A conviction for soliciting a prostitute could result in anywhere from a few hundred to a few thousand dollars in fines. The fine depends on whether you’ve been convicted of a similar crime in the past. It also depends on the evidence that the prosecution has against you.
Just like with fines, you could face anywhere from a few days to a few years in jail. This depends on the severity of the alleged offense and your criminal history.
Many people write off soliciting a prostitute as a minor offense because it’s considered a non-violent crime. Still, many states and municipalities take this crime seriously.
In addition to facing jail time and fines, you could also:
Having a knowledgeable criminal defense law firm can safeguard your future. At first glance, many solicitation cases seem insurmountable. The police witnessed what appeared to be an attempt at hiring a prostitute, or the party was caught in the act. However, an experienced attorney can fight these charges and seek a fair outcome.
When a criminal defense lawyer represents you, they can:
Your attorney can learn as much as possible about what led to your arrest. This could include asking you many questions—some of which may involve sensitive matters. You should be honest with your lawyer and answer all questions accurately. You can trust your attorney and discuss what happened honestly. What you share helps them determine what happened and develop a defense strategy based on the facts.
Many times, small details matter. Try to remember all the details of what happened, and do not be embarrassed to share them with the lawyer. Anything you share with your lawyer is confidential. However, you should not discuss the case with anyone else outside of your private, privileged conversations with your attorney. This is essential to protect your rights.
Law enforcement officers are only human. They make mistakes, too. Often, these mistakes could jeopardize the strength of the prosecution’s case. Your attorney may ask questions about the arresting officer’s actions before, during, and following your arrest. The goal is to uncover any mistakes made or violations of your rights.
Sometimes, this could allow your attorney to ask the court to throw out any evidence recovered after the mistake. This could limit the evidence the prosecutor has to build a case. Even if the case continues, it could be much weaker, and you could have a better chance at a positive outcome.
Your attorney aims to develop a strong defense that gets you a better outcome in your case. A positive outcome could include reduced charges, a dismissal of the charges, or another result. Still, these outcomes depend on your case’s strength.
Your lawyer can take everything they know about the applicable laws and apply them to your case. This strategy determines their approach and their next steps. Negotiating for a lesser charge, trying to get evidence thrown out, and many other strategies begin long before the case goes to trial.
Throughout the legal process, your attorney stands by your side to ensure no one violates your constitutional rights. You have several rights—including the right to legal representation—that law enforcement, the prosecution, or the courts could violate. Your attorney intends to prevent this from happening.
Your attorney can stand beside you throughout this process. They provide advice, guidance, and support. They know how to navigate the system, what to expect, and how to get a more positive outcome. They could offer tips on how to dress for court, what to say, and what to do. Their job is to make this stressful process easier for you.
When law enforcement accuses a person of solicitation, it is often because of an undercover police operation, or an officer observed the interaction. The circumstances of the arrest often determine which defense benefits the accused. Your attorney can consider many options while they learn more about your case.
Some of the most common defenses in solicitation cases include the following:
There are some areas where solicitation is not a crime. There are related offenses but offering money or valuables in exchange for sexual activity is not. In these cases, it is sometimes necessary to show the accused party made an offer but did not follow through with sexual activity.
Evidence must show that the accused intended to exchange money or valuables for sexual activity. The case is unlikely to move forward when there is insufficient evidence to establish intent. Some offenders face arrest when police make a mistake and misunderstand their intent.
For example, someone shouting something sexual from a passing car to a woman on the street—however inappropriate the police officer believes it is does not meet the evidentiary requirements for solicitation. There must be evidence that the defendant intended to give the other party money in exchange for sexual contact.
Undercover police officers often run vice stings to catch sex workers and others participating in the prostitution trade. Entrapment is a common defense when a solicitation arrest occurs in one of these stings.
Entrapment occurs when the undercover police officer posing as a prostitute overbearingly attempts to coerce an individual into offering money or agreeing to pay them. In short, they convince them to commit a crime they would be unlikely to commit without the undercover officer’s enticing.
Your attorney knows what it takes to prove entrapment and how to present evidence of it in court. Proving entrapment could get your case dismissed, evidence thrown out, or a not-guilty verdict at trial.
Attorneys often identify procedural errors that jeopardize the prosecutor’s case. For example, if a police officer mishandled evidence or failed to protect your rights, the court could throw out any evidence they collected. This could make it impossible for prosecutors to move your case through the court system.
If the case moves forward, the prosecution might have little evidence against you, and a jury could find you not guilty.
Believe it or not, it is common for police to mistakenly arrest the wrong person. This is especially true in cases when they witness the interaction and then arrest the party later. Many things can cause mistaken identity, such as someone else driving your car or simply identifying the wrong person walking down the street.
Your attorney could identify the correct party or work to show why they believe you were not the person involved. Supporting information in your case could include eyewitness statements, videos, and photographic evidence.
There are no laws against having casual sex with someone you just met. It only becomes illegal if law enforcement believes you traded money, goods, or services for sexual contact. Consider this scenario to understand more. You pick up a hitchhiker, and on the drive, develop a connection and have sexual relations. In the eyes of the law, that’s okay. However, if you pick up a hitchhiker and try to exchange a ride for sexual relations, that’s illegal.
Your lawyer can assert that because you didn’t exchange anything for sexual activity, the state shouldn’t press criminal charges against you.
You do not want to represent yourself when you face accusations or charges of solicitation of prostitution. You could face significant consequences, including criminal penalties, the loss of your job, serious social consequences, and harm to your reputation. You want someone who can fight for your best interests and is knowledgeable about navigating the criminal justice system.
You could start a no-obligation case evaluation with a criminal defense law firm today. You can learn about a lawyer’s legal services and what you can expect from the legal process.
The post Solicitation of Prostitution appeared first on Gurion Legal.
]]>The post What Happens if I Fail to Register as a Sex Offender? appeared first on Gurion Legal.
]]>If you failed to register as a sex offender (or face a sex crime charge), speak with a lawyer. Your Phoenix sex crimes attorney can defend you against the charges and work to reduce any penalties you face for failing to register as a sex offender.
State and federal laws require some people who commit sexual offenses to register their personal information and address on a state-wide registry. This is a part of Megan’s Law, passed in 1996 as a part of the Jacob Wetterling Crimes Against Children and Sexually Violent Offenders Act. This law required each state to develop a registry so the public can access information about known sex offenders in their community.
Generally, offenders must register after their conviction and release from prison, update when they move, and regularly double-check that their address and other information are correct. Some states also have additional rules they must follow regarding registry and ensuring those in law enforcement and their community can identify them. Failure to do so can lead to a subsequent arrest, conviction, and penalties.
The court systems in every state take these charges seriously. Under Arizona law, for example, failure to comply with sex offender registration could be a Class 4 felony.
This could result in the following:
Even if you fail to update your driver’s license or other required information, you could face a Class 6 felony charge.
This could lead to penalties that include:
These penalties vary per state—and repeat offenders could face harsher penalties. If one fails to register as a sex offender, the court may assume that the offender intends to endanger others.
Federal law requires each state to maintain a registry of violent sex offenders and others deemed potentially dangerous to the public. The rules for registering and maintaining their entry on the list vary somewhat from state to state. However, those convicted of certain crimes are almost always required to register with local law enforcement or an equivalent agency in their area.
Many states require sex offenders to register after being convicted of:
In some cases, it is left to the judge’s discretion if an offender needs to register. When the offender is under 18, the judge could rule they only need to register until they reach a certain age. Some states have codes about this, but most leave it to the judges to decide.
In general, registration begins when the offender gets out of prison if they serve a sentence. Some areas offer a grace period, giving the offender anywhere from a few days to a few weeks to register. This usually requires a visit to the local sheriff’s department and paying a fee.
Offenders need to re-register when they:
Many states also have rules about how often offenders need to re-register or update their file, how often officers will visit their residence, and the requirements for keeping a state-issued photo ID.
In some situations, you might only have to register as a sex offender for a few years. Many sex offenders must register for life. Initially, when registering, you must provide a lot of information about yourself, your home, and the means of contacting you. There is also a fee in most places.
Once on the registry, updating your entry is easier when you move elsewhere within the same county. If you move to another county or state, you might need to pay the fee and provide all the necessary information again.
When registering as a sex offender, many counties require you to disclose:
This is public information. Anyone searching the sex offender registry in your state can find this information about you. This information can also come up on background checks when applying for jobs, enrolling in school, or applying for housing.
When registering, the agency may ask for information regarding your risk assessment level.
In general, the courts break sex offenders into three groups:
The level assigned based on your risk assessment can affect how often you receive visits from the agency, how often you need to update your registry entry, and even where you can live. Many states do not allow Level 3 offenders to live near a school, church, or daycare, for example.
The agency could also ask for additional information, such as any social media account handles. While many courts rule that sex offenders should not use social media sites where children could be present, the U.S. Supreme Court struck down a state law limiting Facebook and Instagram accounts for convicted sex offenders. The rules for this continue to vary widely depending on when and where the conviction occurred.
Failing to register as a sex offender is sometimes accidental. Yet, the law does not take these mistakes lightly. As noted, it assumes that because you didn’t register as a sex offender, you could target another individual. Still, failing to register as a sex offender doesn’t make you a bad person—and you have legal options.
Many legal professionals suggest partnering with an attorney in these situations. The consequences of failing to register can significantly affect your quality of life for years to come. A lawyer can explain to the court why you failed to register and protect you from jail time or other penalties.
Depending on your case’s facts, an attorney could allege:
It is possible to win these cases. Sometimes, a judge hears the case and understands. They could admonish you for not updating your information or urge you to be careful in the future, but they do not impose harsh penalties.
It’s understandable to have questions about registering as a sex offender. As you research your legal options, you may ask:
The steps for registering as a sex offender generally depend on where you live. If you partnered with an attorney during your initial criminal case, they can explain the steps for registering. You could also find this information on your county’s website. When registering as a sex offender, you generally need to include information about your name, address, and birthday.
How long you remain on a sex offender registry depends on the severity of the offense. Many states note that Level 1 sex offenders must register for 20 years. The timeframe increases for Level 2 and Level 3 sex offenders.
As a registered sex offender, your court-imposed restrictions depend largely on your situation.
Yet, many states prohibit sex offenders from:
Despite your personal beliefs on the matter, if the court prohibits you from engaging in a certain activity, avoid it. The court could find you in contempt if you violate the terms of your sex offender registry, sentence, parole, or probation.
Although being a registered sex offender touches every corner of your life, the state does not prohibit you from:
You have the right to live a long, fulfilling life despite your designation as a registered sex offender. Still, you must follow the legal protocols for registering.
An attorney can help no matter what situation you’re in. If you’re currently facing charges for a sex crime, an attorney can fight for an outcome that doesn’t require you to register as a sex offender. These outcomes could include a reduction in the charges against you, a dismissal of your case, or an acquittal.
Still, you could have already done your time after a sex crime conviction. This doesn’t mean that you have nothing to lose and should face the legal process alone. You should still consider the benefit of having legal aid. Working with a professional versus representing yourself could mean the difference between your freedom and several years in prison.
After failing to register as a sex offender, you deserve to share your side of the story. A lawyer can help you with that.
They can also:
Attorneys must be familiar with the applicable laws and the circumstances that led to their client’s failure to register as a sex offender. This is a good way to determine their legal options and build a case on their behalf.
They offer advice and guidance to help their clients make the best possible choices, including ensuring they register properly now and can avoid similar issues in the future.
If you failed to register as a sex offender and have concerns about the consequences, a criminal defense lawyer can benefit your situation. This is often a much more serious offense than people realize. Facing the legal process alone could seriously affect your life and freedom.
Many criminal defense firms offer no-obligation evaluations where prospective clients can learn about their legal options. In such an evaluation, you could explore your legal rights and protections under the law.
The post What Happens if I Fail to Register as a Sex Offender? appeared first on Gurion Legal.
]]>