Posts Tagged ‘Evidences’

California DUI Attorney Facts

December 12th, 2009



You already know that California DUI attorneys specialize in helping you through an arrest for driving under the influence of either alcohol or drugs, but what exactly can they do for you? Here are some California DUI facts for your information.

Fact: California DUI attorneys can counsel you on the law. The DUI laws in the state of California are complex. Part of a lawyer’s job is to put its provisions in simple terms, so that you can understand your situation, know your rights and intelligently explore your options. Do not hire lawyers who ‘guarantee’ results – remember that no two DUI cases are alike, and the decision of the court varies from one case to another. Anything can go wrong, but a good California DUI lawyer will present you with viable alternatives.

A good lawyer will use all legal means necessary to annul the case filed against you, or at least lower your penalties to the minimum. He or she may gather evidences supporting your defense by asking a private laboratory to redo your blood alcohol test, photograph the arrest or accident location, reinvestigating if the police procedure you were subjected follows the letter of the law, etc. The lawyer should obtain alternative penalties such as drug or alcohol rehabilitation programs and community service, among others.

The lawyer may also make court motions to suppress the evidence against you if there are grounds, such irregular calibration of the breathalyzer machine used to measure your sobriety, proof that your blood alcohol was below the legal limit (.08%) when you were arrested, an arresting officer’s procedural mistakes (such as not advising you that refusal to take a breath or a blood test has grave consequences), indications that you were not driving when the arrest was made, evidence of environmental conditions that impeded you from driving normally, etc. A successful motion can help get your case dismissed.

By: Jimmy Sturo

Power of Attorney Forms

December 1st, 2009



A Power of Attorney is a legal document that evidences the creation of a liaison between two people who are designated as “principal” and “agent”. Through this document, the principal authorizes the agent to act on his or her behalf. A Power of Attorney can be general, so that the agent can conduct any sort of business on behalf of the principal, or it may be specific, i.e. restricted to the business expressly mentioned in the document.

To create a legally legitimate Power of Attorney, the principal must complete and sign a fill-in-the-blank form, usually found in statute books or at a law library. This is known as the Power of Attorney form. If he or she needs help locating or filling out the form, a lawyer is the best option. After the principal fills out the form, he or she must sign it in front of a notary public. In some states, it is a requisite for at least two witnesses to watch him or her sign the form.

Banks and other financial institutions sometimes have their own forms to cover just the transactions in which they are involved. If the principal wants to give someone authority to operate his bank account, for instance, he or she must inform the bank and ask if it has its own durable Power of Attorney form. If the agent is being given authority to deal with the principal’s real estate, he or she may need to put a copy on file at the local land records office.

A Power of Attorney form must include all of the following information: the principal’s name and postal address; social security number; the time duration involved; a clear statement as to the powers granted to the agent; and the principal’s signature and date. For estate tax matters, the decedent’s name, date of death, and the agent’s authorization must all be included.

Other Power of Attorney forms include Power of Attorney Revocation, Power of Attorney by Husband and Wife, and in some states, Power of Attorney for Property and Finances.

By: Kent Pinkerton

Criminal Law Attorney – Different Types Of Criminal Attorneys

November 18th, 2009



A criminal law attorney is classified on the basis of the responsibilities undertaken and sections of criminal law. The attorneys are classified as per the branches of this laws. The branches of law altogether seek ways of how to define a crime. The objectives of all the branches of law when combined include three main duties. One is to define what the crime is. The second is to identify the victim involved in the case. The third and the last one is to find out the actual executor of the committed crime. To perform all three duties, it is divided into two sections. Each of these sections of law triggers specific illegal actions. Therefore, the classes of criminal attorney are classified according to the criminal laws to take over particular procedures.

Different Sections Of Criminal Law

It is classified into two sections that follow different procedures and involve specialized criminal attorneys.

1. The first type of criminal law involves criminal procedures. This section implies the undertaking of trials in the court. A criminal trial attorney takes care of how to conduct trial periods in the courts. This procedure further defines ways in which the claims can be investigated. It also dictates procedures of collecting facts and evidences. Usually, the attorney who takes over the job of gathering evidences is a defense attorney.

2. The second is substantive criminal law. The substantive law primarily emphasizes upon the crime and appropriate punishment. A criminal defense attorney is involved in the substantive section and represents the people accused of any crime. After being hired by their clients, they begin their job. If the accused individual is not financially capable enough to afford a defense attorney, the court appoints an attorney to represent them. After being appointed, they proceed with meeting their clients first to gather details about the event from the clients’ perspective. Until and unless their clients admit guilt, they do not hand their clients over and continue aiding their clients with the legal support to achieve courtroom success in the end.

Benefits Of Online Attorney Firms

Recently, these firms are following the trend of expanding their services on the internet to be easily accessible. There websites have benefited hapless people accused with the crime by helping them find out different types of attorneys at their fingertips, and that too within their range of affordability.

By: Asheesh Mani