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Articles in Home | Society | Law & Legal Sort By: Title|Newest|Oldest "Downer" issues in DMV Hearings  By : Darren K The Downer case dealt with California Evidence Code section 1280, the official records hearsay exception. Hearsay involves any statement made outside of court, offered to prove the truth of the matter asserted. Forensic laboratory reports are hearsay, because they deal with events and statements that took place in a place outside of the courtroom, and are used to convict the defendant of a crime. However, forensic reports can be entered into evidence under the official records hearsay exception. Section 1280, titled “Record by public employee” states: 'Help The Court Has Seized My Assets' - Garnishment In Law And Practice  By : Henry Byers - A court order that seizes assets from the defendant to pay off a debt is known as Garnishment. One form of garnishment is automatic withholding of the debtor’s wages. When a creditor fails to satisfy the debt taken, the court can issue a garnishment against him. When the creditor petitions the court to send a portion of its pay to satisfy the debt then this step is taken. The garnishment law differs from state to state and varies in details also. Generally, the TVA is req... 10 Critical Tips on How to Hire an Attorney  By : Aaron Brooks In the modern world an attorney does more than bail people out of jail. Every business including that of the World Wide Web needs the services of an attorney. But the world is full of attorneys of all kinds and sadly not all are honest. 10 Ways to Keep Legal Fees Affordable  By : Aaron Brooks Hiring a lawyer is step one when you need legal advice or help. Step two is the most crucial as you need to have a clear idea what the lawyer is going to cost. Most lawyers charge by the hour and rates may vary from USD 60-USD 300 per hour. It depends on the lawyer, the extent of your case, and where the case is to be fought. 32 Services Provided By a Legal Nurse Consultant  By : Vickie Milazzo Legal nurse consultants are medical insiders who know the inner workings of our complicated healthcare system firsthand. Their professional expertise as an RN and a legal nurse consultant qualifies them to provide the following services. 8 Resources to Help you Find a Good Attorney  By : Aaron Brooks It may seem ridiculous but according to those in the know often finding an attorney is harder than finding a husband or wife. An attorney is the one who will ensure that your business stays on the right side of the law, and draft all agreements and contracts so that your interests are protected at all times. Accident Reconstruction  By : Darren K Accident reconstruction is an important, but often overlooked tool, of a DUI defense. Where there has been an accident, the responding police officers and detectives write a traffic collision report. This is often the only means the prosecutor will be able to piece together the events leading up to the crash and its aftermath. Advice on how to claim for an Injury  By : Freddy Torrance It can be extremely hard to put a price against injuries you might receive if you are unfortunate enough to be involved in accident. There are a great many items to consider: Affidavits Are Also Affirmations  By : Michael Colucci Affidavit is both a legal and moral piece of document. The value of affidavit can add or diminish a person's true worth... Age Discrimination Regulations And Recruitment: 3 Steps To Avoiding The Pitfalls  By : Ian Mann An article giving helpful guidance to employers as to the Age Discrimiantion Regulations that they must comply with in recruiting, interviewing and employing candidates. Age Discrimination: 5 Steps To Knowing When An Employee is Unfairly Dismissed By Way Of “Retirement”  By : Ian Mann This article addresses: (1) the particular unfairness of “early retirement” which essentially involves retirement ages being arbitrarily fixed below 65 without justification; and (2) the requirement for a fair procedure to be followed in all retirement dismissals. Alternative Sentencing: Community Service  By : Darren K Where the court has the ability to sentence the DUI offender to a term of incarceration in the county jail, the court may choose to allow the defendant to serve the hours that would have been spent in county jail instead on community service. Community service is a special condition the court imposes that requires an individual to work–without pay–for a civic or nonprofit organization. Performing community service has many benefits. The tax payers save money by not paying for the DUI offender to be incarcerated in an already overburdened and overpopulated jail. An introduction to Robbery and Robbery Attorney  By : Ron victor Robbery in widespread term is an act of depriving somebody from their personal property or asset while in their presence by way of forcing or fear. Personal asset or property can either be taken from that person or from their nearby surroundings. An Introduction to US Attorney  By : Ron victor A US attorney is recognized as a prosecutor and defense lawyer that represents the federal government of US in one of the 93 defined districts. The location of US Attorney is given all through presidential scheduled time. An introduction to US Defense Lawyers  By : Ron victor An US defense lawyer is an attorney, which represents a charged party in all law matters, comprising in a court of law. The charged person is generally recognized as the defendant, so the name states, defense lawyer. Arson  By : Darren K Arson is considered a general intent crime. This means that the defendant need not have intended the specific results, namely the burning of a structure, forest land, or property. What matters are the actions that the defendant undertook that caused such a result. Generally, a person cannot commit “arson” against his own property, unless there is intent to defraud or where there is injury to someone else’s body or property. Assault  By : Darren K The California Penal Code, Section 240, defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Assault is either the threat or attempt to strike another, whether successful or not, where the target is aware of the danger. There is a requirement that the assaulter must be reasonably capable of carrying through with the attack. If the assault is with a deadly weapon, such as sniping with a rifle, the intended victim does not need to know of the peril. Assault on Police and Firefighters  By : Darren K Where a crime is committed against a police officer or firefighter, the punishments are usually increased. The requirement is that the assault on the police officer, otherwise known as peace officers, or firefighter must be performed while someone in that category is performing in the scope of their duties, and the person committing the assault must know that the person is in these categories and are performing their duties. Assault with a Firearm  By : Darren K Assault with a firearm is governed by California Penal Code Section 245. Assault with a firearm is an aggravated assault in which the defendant, with a firearm, threatens a person with death or serious bodily injury. An aggravated assault is an assault accompanied by circumstances that make it more severe, namely the use of a firearm, or the intent to commit another crime, or the intent to cause serious bodily harm. Assault with Weapon other than Firearm  By : Darren K There are many means of assault with a deadly weapon other than firearms, which are generally defined as those weapons capable of producing great bodily injury. For example, stun guns, knives, bat, hammer, machetes, cars, motorcycles, and any other weapon capable of producing great bodily injury. Where someone has been charged with assault with a deadly weapon, the weapon will be confiscated and destroyed, pursuant to California Penal Code Section 245 (e). Attorney Immigration New York can Save you from Legal Tangles  By : Hadiya Robins Attorney immigration is meant to help you in settling out the matters related to your immigration. Both of you should sit together and discuss the entire matter, so that your attorney can turn the decision in your favor. Battery  By : Darren K The crime of battery is governed by California Penal Code Sections 242 and 243. Battery is defined as “any willful and unlawful use of force or violence upon the person of another.” (PC 242) Battery is defined as “simple” battery and battery with serious injury. The punishments Battery on a Peace Officer  By : Darren K The crime of battery occurs with the striking of someone, with intent to harm them. . California Penal Code Section 242 states, “A battery is any willful and unlawful use of force or violence upon the person of another.” It is a crime to commit a battery against a peace officer, whether they are on duty or off duty. Beat that speeding ticket  By : Carl Carlson Speeding tickets are a safety measure taken for safe driving. Your fast speed may prove to be faster for another person on the road to final upliftment Burglary  By : Darren K Burglary is the crime of breaking and entering into a structure for the purpose of committing a crime. Contrary to what most people believe, a burglary need not necessarily involve theft. Burglary applies to any crime, such as assault or sexual harassment, whether the intended criminal act is committed or not. No great force is needed (pushing open a door or slipping through an open window is sufficient) if the entry is unauthorized. Business Entities – A Quick Guide  By : Richard Chapo Business entities comes in so many types that business owners can easily get confused. Here’s a quick guide that will hopefully shed a little light on business entities for you. Business Entities – Filings With The State  By : Richard Chapo Nearly all small businesses should form entities to limit their exposure to civil liability in the form of lawsuits. In forming an entity, certain documents have to be filed with the state in question. Business Entity Mistakes – Criminal Conduct and Independence  By : Richard Chapo In this age of information, most small business owners understand they need the protection provided by a corporation or limited liability company. Such protection, however, can be lost though certain actions. Business Name – How To Pick One From A Legal Perspective  By : Richard Chapo A business name can be a huge factor in the ultimate success or failure of the entity. Unfortunately, many people fail to give a lot of thought to it prior to moving forward. There are many factors to consider including something memorable, a name related to your area of work and, potentially, the availability of the domain name. Business Strategy – Year End Considerations  By : Richard Chapo As we enter the final weeks of 2005, you are undoubtedly hunting for gifts. While these are obvious year end considerations, you should also be reviewing your business strategy for 2006. Buying goods abroad: UK customs  By : Benedict Rohan If you’re planning to bring goods into the UK from travels abroad or from purchasing on the Internet, there are some important customs laws that you should be aware of. Bylaws – The Guts of a Corporation  By : Richard Chapo Most states make forming a corporation relatively painless by providing forms for practically everything. The bylaws of the corporation, however, are an area you don’t want to rely on a form. California Business Entities – How Long Does It Take To Get Approved?  By : Richard Chapo You’ve done your research and have decided on a business entity. You’re chomping at the bit to open a bank account and get moving. You file your corporation or LLC with the Secretary of State and wait…and wait…and wait. Just how long is this going to take? California Businesses Incorporating In Nevada  By : Richard Chapo California is a notoriously bad state to do business in. Regulations, worker’s compensation and tax issues overwhelm companies. Seeking relief, many incorporate in Nevada. Unless done carefully, this decision can lead to disaster. California Limited Liability Company – An Overview  By : Richard Chapo Many people are surprised to learn that the LLC business entity is a fairly recent phenomenon. Wyoming was the first state to legislate the creation of LLCs in 1977. Most states didn’t jump on the LLC bandwagon until 1988 when the IRS classified the LLC as a pass through entity for tax purposes. This ruling turned LLCs into the popular monster they are today. Now every state has legislation allowing the creation of LLCs and California is no different. Carrying Concealed Weapon  By : Darren K Generally, California law prohibits any individual from carrying a loaded firearm of any kind on his or her person or in a vehicle while in any public place or on any public street in an incorporated city, or in any public place or on any public street in a prohibited area of unincorporated territory. A loaded firearm refers to a firearm that has a cartridge or shell in a chamber, clip, or magazine that is located inside of or is attached in some way to the firearm itself. California Penal Code Section 12025 reads in pertinent part: Cerebral palsy hopes and treatments  By : Allweb For a child diagnosed with cerebral palsy which appeared as a result of medical malpractice you should know that there are lawyers specialized in solving such cases and they can help you to get a medical compensation for malpractice and ensure proper treatment for your child. Certified Legal Nurse Consultant Spots Medical Negligence Where it's Least Expected  By : Vickie Milazzo When an attorney takes on a medical-related lawsuit, the attorney is confronted with enormous volumes of medical records. Yet his client's future depends on the attorney understanding those records and using them to support the case effectively. Child Support Collections in America  By : Holcy Collecting unpaid child support can be a challenge for some custodial parents seeking assistance from the non-custodial parent- Child Support Laws and the History  By : Holcy Child support can be traced back to the late eighteenth and early nineteenth centuries. In the young ages of the nineteenth century, the United States courts that handled cases of marital breakdowns and divorce, discovered that the present laws did not provide for a support action. Child Support Laws Opinions  By : Holcy Child support in each state of America follows its own laws. Although, these laws are slightly different, they share one thing in common.... Choosing a Lawyer  By : ArticleTrader If you are in need of a lawyer you will have plenty of options to choose from. The bottom line is that no matter where you live, you should be able to find several lawyers that are willing to work with you. But with that being said, you need to find a lawyer that suits your needs if you are going to win your case, or get what you need. Claim your Compensation with Specialized and Experienced Florida Injury Attorneys  By : Jonathan Thomson The article explains the severe causes and results of growing injury cases and the legal help one can receive. It also shows how Florida injury attorney or Florida injury lawyers can help you. It provides relevant information on Florida accident attorney and Florida accident lawyer. Class Action Lawsuits – Individuals Against Corporations  By : James Johnstone Class actions are a thorn in the side of large corporations. The help give the little guy a much needed voice. They also help reduce pressure on the legal system. However they do have their detractors who are against the systems and suggest that lawyers are the ones who are truly winning by abusing the system. Common Questions Asked About Last Will Forms  By : David F. A Last Will and Testament controls the distribution of your property at death and you may give some one you trust guardianship over your children after your death. No property is transferred or effects will take place, a will is not effective as long as you’re living. Connecticut Child Support  By : Holcy Connecticut child support laws are some what similar to other states in America. Most states have laws on enforcing child support when non-custodial parents refuse to pay.... Consumer Rights Under the FCRA  By : JamesDav A Summary of Your Rights Under the Fair Credit Reporting Act (FCRA) The Fair Credit Reporting Act (FCRA) was designed by the federal government to ensure every ‘consumer reporting agency’ (CRA) adheres to the principles of promoting accuracy, fairness and privacy of information in its files. A large number of CRAs are credit bureaus in the business of collecting and selling information about people, such as, whether they pay their bills on time, or if they have ever filed for bankruptcy, etc. Copyright FAQs - What Exactly is the Significance of the © Copyright Symbol?  By : pete arkwright A briefing on copyright notices and use of the © copyright symbol Copyright – What Can You Protect?  By : Richard Chapo The legal protection known has “copyright” has come front and center over the past few years with major legal rulings regarding peer-to-peer networks on the Internet. Copyright protection, however, can be a confusing area of the law. This article details what can and cannot be protected by copyright. Criminal Background Check Get it Quickly Online  By : Bob Benson How often have you been searching for a phone number or address and seen an advertisement for a criminal background check? Criminal Background Checks: A Necessity In Our Society?  By : Crimechecker A criminal background check can and should be used in any situation where safety or trust is an issue. Don't become a victim of violence when you can protect yourself in such an easy and valuable way. Dealing With Reluctance to File for Bankruptcy  By : Resolve Legal Like many people, you may be reluctant to file for bankruptcy even though a Washington bankruptcy lawyer has advised you that bankruptcy is the best – maybe the only -- solution to your financial problems. Your resistance is understandable. Determining Ownership of Copyright and Software  By : Leigh Ellis A fundamental question that arises in many disputes is the most obvious - who owns the copyright in the software? Legal ownership and legal advice in most cases may be determined by reference to fundamental copyright principles. Difference Between Solicitors and Barristers  By : dave4 Every country has its own regulation with regards to legal profession. The legal profession in England, New Zealand, Wales Australia and Canada is composed of two different groups which are the Solicitor and the Barrister. DMV and court: two separate processes.  By : Darren K When someone is charged with a DUI offense, there are two separate battles to fight: the DMV and the criminal court case. The DMV will suspend driving privileges within 30 days of an arrest for driving with an alleged blood alcohol content (BAC) over .08 percent, unless an Administrative Per Se (APS) hearing is requested within 10 days of the DUI arrest. The court case commences with the arraignment date, which is usually held within 45 days of arrest. Both cases are held in locations that are the closest, geographically, to the site of the initial DUI arrest. DMV Hearings  By : Darren K The California Department of Motor Vehicles has the jurisdiction to administer an Administrative Per Se, commonly known as APS, hearing affecting the driving privileges of the DUI offender. The DMV case is totally separate and independent from the criminal case. Therefore, a DUI defendant must defend himself twice-at both the DMV and at criminal court. This also means that the DUI defendant gets punished twice. Do I Need Patent Protection To Establish My Rights To A Great Idea Or Design.  By : Abigail Franks One of the first things to do when you have an idea is to write it down. Documentation is the most important step you can make to in securing future rights to your idea. The documentation needs to be in a tight bound or engineering type notebook. These are like a basic school notebook that pages cannot be added. It's also a good idea to get a notebook that it's also difficult and noticeable if any pages are removed. Dog Attack Lawyers  By : Todd G Dog attacks have been a serious problem in the United States. Reports estimate that around twenty Americans each year are killed by dog attacks. Domestic Violence  By : Darren K Domestic violence is generally defined as physical abuse against someone who lives in the home, or someone the person is married to (or dating) or used to be married to (or used to date), or someone they have had a child with. A “dating relationship” is defined by CALJIC as “frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement independent of financial considerations.” DUI and Motorcycles  By : Darren K Alcohol intoxication is a leading factor in motorcycle accidents and fatalities. Law enforcement officers have been trained to identify driving patterns that indicate a probability that a motorcyclist is driving while intoxicated. The driving patterns that police typically look for have been outlined by the National Highway Traffic and Safety Administration (NHTSA). DUI Elements: Alcohol  By : Darren K To obtain a conviction for driving under the influence, the prosecution must prove that the defendant drove a vehicle while under the influence of any alcoholic beverage. Embezzlement  By : Darren K Embezzlement is the crime of stealing funds of property of an employer, company, or government. It may also mean money or assets held in a trust account. It is the illegal transfer or money, or property, which is diverted from the employer to the embezzler. The fraudulent intent required for embezzlement is the intent to deprive the owner of the property or where the property is diverted to the embezzler’s own use. Even where a person intended to eventually return the property, it is still embezzlement. Estate Planning Basics  By : Kelly Y. Chang, Esq. Benjamin Franklin famously said, “In this world, nothing is certain but death and taxes.” Unfortunately, you can’t avoid death. But a carefully-drafted estate plan can help avoid taxes, family conflicts and a lot of unnecessary heartache. The following provides a general overview of the estate planning process, and what to expect. Evading a Peace Officer  By : Darren K The crime of evading a police officer is a misdemeanor. A misdemeanor is a crime punishable by a term in the county jail, up to one year. There are multiple reasons why evading a police officer is unlawful, including interfering with the duties of a police officer in the scope of their duties, and the danger to the public in fleeing from the officer, oftentimes involving high speeds and other traffic violations, like running red lights. However, in order to convict someone of evading, a number of criteria must be met. Everything You Must Know Before you Fill out Your Last Will and Testament Form  By : David F. Avoid family disagreements. Many families struggle over who should get what. A will allows you to give your things to whomever you want, not to whomever a judge decides will get it. Extortion  By : Darren K Extortion is the act of obtaining money or property from a victim by threatening, intimidating, or by false claim of right. An example of false claim of right may be where a person impersonates an official government official, like an IRS agent. Extortion takes several different forms, such as that of blackmail, where a victim is threatened with the exposure of embarrassing information to family, friend, and their community. Extortion also occurs where someone entrusted to deliver a package for hire, such as a postal carrier, takes the package for his own use instead of delivering it. Federal Crimes  By : Darren K Federal crimes are those crimes which fall under federal jurisdiction. Congress enacts laws in areas that fall within federal jurisdiction. Typically, these are laws and regulations dealing with federal property, federal matters and federal taxes. Additionally, there are significant federal crime laws governing interstate commerce. Few Steps for Deciding which DUI Attorney you want to Hire?  By : andy taylor These are just a few of the questions you’ll likely want to ask before deciding which DUI lawyer you want to hire. Finding a Qualified Lawyer  By : ArticleTrader When it comes to finding a qualified lawyer there are many things that you will need to consider. If you are going to be hiring a lawyer for one reason or the next you might as well get one that is qualified to help you out. If you do not, you will only be wasting your money and time in the end. Forgery  By : Darren K Forgery is the crime of creating a false document, altering a document, or writing a false signature for the illegal benefit of the person making the forgery. This includes improperly filling in a blank document, like an automobile purchase contract, over a buyer's signature, with the terms different from those agreed. Forging a Prescription  By : Darren K Forging a prescription is against the law. It is generally defined as the illegal acquisition of pharmaceuticals for personal use or profit. People commit prescription fraud in many ways, including going to multiple doctors for multiple prescriptions, and forging the quantity on the prescription to increase the quantity. The biggest factor driving prescription fraud is the increasing abuse and addiction to prescription drugs. Health and Safety Code Section 11368 defines the offense and the punishment, reading: Fraud  By : Darren K Fraud is generally defined as the intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal right. Quite often there are several persons involved in a scheme to commit fraud and each and all may be punished criminally. Grand Theft  By : Darren K Grand theft involves the theft of goods or services valued above $400 and may be charged as either a felony or a misdemeanor. A misdemeanor is punishable by imprisonment in the county jail for up to one year. A felony is punishable by imprisonment in the state prison. Generally, grand theft is usually punishable up to one year in the county jail or a maximum sentence of 16 months, 2, or 3 years in state prison. Grand Theft Auto  By : Darren K Grand theft of an automobile occurs when someone takes another person’s car without permission, with the intent to permanently deprive them of it. Grand theft requires that the property stolen have a value over $400. Grand theft auto is a felony, punishable with imprisonment in the state prison for 16 months, 2, or 3 years. Hiring a Competent Personal Injury Attorney  By : Jason Hanson First, please note that the keyword here is “competent,” as there are thousands of personal injury attorneys out there who claim to always have your best interest at heart. But how do you know whom to trust? Hit and Run  By : Darren K Hit and run is generally defined as a criminal act. It is the failure of a driver of a vehicle, involved in a collision, to stop and give their name, license number, and other information to the injured party, a witness, or law enforcement officer. These duties do not implicate the driver in terms of being responsible for the accident. Whether the driver caused the accident or whether it was caused by another person’s negligence, the duty to stop, report, and render aid is required. If the driver willfully fails to perform these legally required duties, they are guilty of the crime of hit and run Hit and Run: Property Damage  By : Darren K Hit and run is generally defined as a criminal act. Where the collision is with property only, such as another vehicle with no occupants, the driver must leave information attached to the damaged property, as well as make a report to the police. These duties do not implicate the driver in terms of being responsible for the accident. Homicide: Intro Page  By : Darren K Homicide is the unlawful killing of another human being. Included among homicides are murder and manslaughter, of which there are varying degrees and types. How does Evidence Code Sec. 1280 apply to DMV Hearings  By : Darren K A police officer’s statement, contained in a police report, is hearsay. However, California Evidence Code Section 1280 allows the statement in as an exception to the hearsay rule. Section 1280, titled “Record by public employee” reads: How does Evidence Code Sec. 664 apply to DMV Hearings  By : Darren K California Evidence Code Section 664 shifts the burden of proof to the DMV licensee to establish the nonexistence of one, or more, of the foundational requirements with regard to the police officer’s sworn statement, except when it is clear that the trustworthiness is not established when the officer incorrectly reports all the facts in the sworn statement. How to approach for Personal Injury & Car Accident Claim in the UK  By : Jude Owen This article tells you about the importance of the Personal Injury Lawyers and Solicitors in the UK to get the claimed amount of personal injury compensation, car accident compensation and other compensations related to accidents. How to Choose the Right Expert Court Witness  By : Chris Robertson Read these crucial tips before choosing an expert court witness for your legal case... How You Can Crack down DUI Laws in Nevada?  By : andy taylor Nevada uses harsh DUI laws to crack down on anyone caught drinking and driving within its borders. Identity Theft  By : Darren K Identity theft is one of the fastest growing crimes in America. Victims come from all walks of life - from everyday people to celebrities. Identity theft involves acquiring key pieces of someone's identifying information, such as name, address, and date of birth, bank account numbers, health insurance identification number, social security number and mother's maiden name, in order to impersonate them. If you need legal advice, ask experienced Memphis dui lawyers  By : Anne Tide Driving under the influence of alcohol (DUI) is a criminal offense in the United States. Any driver with a blood-alcohol concentration of over 0.08% (or 0.04% in the case of commercial drivers) is legally liable. Illegal Evictions  By : JamesDav Landlords must remember changing locks or cutting-off utilities to force a tenant to vacate their rental property can lead to various penalties being slapped on them. Importance Of Criminal Background Checks  By : florence A criminal check is a part of the background check done for pre-employment screening. A criminal background check has become an inexpensive way of legally obtaining details about a person. The details of the person can even be provided to the companies through their websites online and the results would be produced as soon as possible depending on the extent of the background check required. In Hot Pursuit Of The “Recanting Victim”  By : Donald P. Schweitzer This article is about the extreme methods used by prosecutors in handling uncooperative victims of domestic violence, essentially "victimizing the victim", and thoughts on why the criminal justice system needs to consider changing their policies when dealing with first time offenders and victims who do not want to go forward with prosecution. Indecent Exposure  By : Darren K “Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, Information You Need To Know About Your Living Will Form  By : David F. A living will gives your doctor permission to withdraw or even withhold life support systems under certain conditions. Intro to Defiance  By : Darren K It is a crime to act defiantly to law enforcement. Such categories of defiance include the act of evading a police officer who is trying to pull you over, resisting a police officer or firefighter when they are engaged in their duties, and battery on a police officer. Intro to Drugs  By : Darren K California is the nation’s leader in drug arrests. A drug arrest causes major havoc in a person’s life, because the penalties are harsh, with imprisonment in county jail or state prison. A drug arrest can follow a person through their whole life, because a criminal record lasts a lifetime. Although there are many different types of drugs, the most commonly prosecuted are: Intro to Property Destruction  By : Darren K Property damage is punishable under the law by fines, imprisonment, and community service. Property damage means many things, from scrawling graffiti on a park bench, hitting something with your car, to causing a fire which damages property. Property damage can be minor to very great. The level of damage will increase the fines and the amount of imprisonment. Convictions for property damage may be misdemeanors, felonies, or “wobblers.” Intro to Sex Crimes  By : Darren K Sex crimes are punished harshly in California. The resulting convictions may result in having misdemeanors and felonies on a person’s criminal record. Punishments range from incarceration in county jail up to one year to imprisonment in the state prison. In addition, monetary fines may end up being as much as $10,000. Intro to Theft Crimes  By : Darren K Theft crimes encompass a number of different crimes. Essentially, theft is the taking of another’s property without their consent, with the intention to permanently deprive them of it. Theft crimes generally require specific intent. Specific intent means that the person accused of theft specifically intended the result of the crime—namely taking property with the intent to permanently deprive. In order to be convicted of any crime, the prosecution must prove that the defendant’s actions satisfy all the elements of the crime. The elements of the crime are the specific acts, step-by-step that make up the crime itself. Intro to Violent Crimes  By : Darren K Crimes of violence vary in terms of their classification and their punishment. They may be misdemeanors, felonies, or wobblers. Misdemeanors are those crimes which are only punishable by a fine and/or imprisonment in the county jail up to one year. Felonies are those crimes which are punishable by fines and/or imprisonment in the state prison. Wobblers are crimes punishable as either misdemeanors or felonies. Investigation of DUI Cases:  By : Darren K The driving patterns that police typically look for have been outlined by the National Highway Traffic and Safety Administration (NHTSA). NHTSA has delineated a number of “cues” that police officers can look for in detecting intoxicated drivers driving at night. The list presented below represents, in descending order, the visual cues giving rise to the probability that the person observed is driving while intoxicated. Often, police officers will observe several cues in conjunction, which increases the probability that the driver is intoxicated, that is, driving with a blood alcohol content (BAC), over the legal limit. Studies have indicated that cues by themselves or in conjunction with other cues, give rise to a statistical probability of intoxication. Investigation of DUI Cases: Give Examples of Non-Standardized FST’s  By : Darren K Law enforcement agencies employ a number of different field sobriety tests to determine enough probable cause to make an arrest for drunk driving. The National Highway Traffic and Safety Administration (NHTSA) has conducted studies which have determined that some tests are accurate indicators, to a degree, of a blood alcohol content (BAC) above .10%. However, law enforcement agencies often use non-scientific tests, or non-standardized field sobriety tests, to determine intoxication. These tests include: Investigation of DUI Cases: HGN  By : Darren K Horizontal Gaze Nystagmus (HGN) is an eye test. Nystagmus is defined as an involuntary jerking of the eyes as the eyes move from the center position off to the side. Alcohol and some drugs cause HGN. If administered properly, HGN is 77% determinative of the subject having a blood alcohol count (BAC) over .10 percent. Investigation of DUI Cases: OLS  By : Darren K The One-Leg Stand (OLS) is a test that is performed in a stationary position. If administered properly, the OLS has a 65% accuracy rate in determining a blood alcohol content (BAC) above .10%. Proper administration of the OLS requires a reasonably dry, hard, level and non-slippery surface. If the subject is wearing heels above 2 inches, they should be allowed the opportunity to take them off. 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