Elawyers Elawyers
Virginia| Change
Guides on 

Admissible evidence in criminal cases

Five Ways to Beat a DWI Charge
Post On Dec. 29, 2015
Tag:  Show more

In North Carolina it is a crime to drive while under the influence of drugs or alcohol. Whether your case is classified as a felony or misdemeanor depends on factors such as the blood alcohol level and past driving record. This guide delves into several ways to defend against a DWI. #1: Failure to...

# 1
Defeating the Bank's Motion for Summary Judgment in a New York Residential Foreclosure Case - Part 1
Post On Nov. 14, 2015
Tag:  Show more

This is the first installment of our guide to defeating motions for summary judgment made by foreclosing banks in New York residential foreclosure cases. The purpose of a bank's motion for summary judgment is to obtain a judgment of foreclosure without giving the homeowner the benefit of a trial....

# 2
Oklahoma DUI Basics
Post On Oct. 05, 2014

The Basics of DUI Defense in Oklahoma ... What to expect, and what can be done about it. First, Stop and Do This Now! First, if you or someone you know has been arrested in Oklahoma for DUI or APC, you only have fifteen days from the date of arrest to request an administrative hearing from the...

# 3
6 Tips for Dealing with an Iowa Distracted Driving Accident Injury
Post On Nov. 08, 2013
Tag:  Show more

Do not confront the other driver. Do not accuse the other driver of anything at the scene of the accident or after the crash. You are unlikely to get any information useful to your case from such a confrontation and you may risk making things more complicated. Do collect evidence at the scene of...

# 4
NJ DWI FAQ's - Part Two

8. What should I do if I am asked to take field sobriety tests? There are a wide range of field sobriety tests (FST’s). These tests include heel-to-toe, finger-to-nose, one-leg stand, horizontal gaze nystagmus, alphabet recitation, modified position of attention (Rhomberg), fingers-to-thumb, hand...

# 5
What Happens at a Pennsylvania DUI Preliminary Hearing
Post On Feb. 10, 2013
Tag:  Show more

The purpose of a preliminary hearing is to allow a magisterial district judge to determine whether the government can demonstrate a prima facie case against the defendant. A prima facie case requires, in layman’s terms, the government to demonstrate that it is more likely than not that: (1) a crime...

# 6
Facebook is NOT your Friend (in court that is)
Post On Feb. 03, 2013
Tag:  Show more

The Issue Social media is increasingly being used in both civil and criminal trials. A party's own statements are not hearsay, so as long as they are relevant (not a difficult standard), they are generally admissible. Before we were posting our every thought, feeling, and feud online for everyone...

# 7
Radar Says You Were Speeding... Here's How to Question Its Accuracy.

Cross-examine the officer about his radar training To use radar, an officer must complete a 24 hour peace officer standards and training (P.O.S.T.) certified course. Ask the officer if they attended a P.O.S.T.-certified course, and, if so, how long it was. If they answer "yes" to both - which they...

# 8
How to Evict a Tenant In California: The Typical Process of a California Eviction
Post On Jun. 11, 2012
Tag:  Show more

Step One: Prepare Eviction Notice The first step in most eviction cases is the Eviction Notice. This “for cause" notice typically occurs when a tenant fails to pay rent, is too noisy, is selling narcotics, or has does something that violates an important lease cause. In other instances, a “without...

# 9
What to Do, and Not Do, If Stopped for DUI [California]
Post On Jun. 08, 2012
Tag:  Show more

Do not flunk the attitude test ; be civil and polite, because being otherwise will never help you, and it will generally always hurt you in the eyes of the jury and judge. Remember that much of what goes on in the criminal justice system, from cop contact to DA prosecution to judge scolding/...

# 10
Top 10 Ways a Breath Test May be False: Focused on Intoxylizer 5000 EN

Introduction to Breath Testing It is important to understand the inner workings and the theory behind breath testing in order to understand how it can be wrong. It behooves all attorneys that deal with breath test evidence to attend special seminars and obtain practical hands on experience with...

# 11
Why would the police take you off camera for the DUI Field Sobriety Tests?
Post On Sep. 15, 2011
Tag:  Show more

There is great reason for the Troopers to take you off camera: FOR THE TROOPER'S BENEFIT IN COURT! SO HE DOES NOT LOSE AT TRIAL! Any OVI (DUI) Defense Attorney will tell you that if there is video, it will most likely benefit the Defense, NOT THE COPS! Surprising, you say!? Its the truth. If there...

# 12
FREQUENTLY ASKED QUESTIONS ABOUT LONG ISLAND TRAFFIC TICKETS (full version at traffic-lawyer.com)
Post On Mar. 27, 2011
Tag:  Show more

FAQ 1 - Should I plead guilty to my traffic ticket? NO. Never plead guilty! I can't begin to tell you how many clients plead guilty to a first speeder and then wind up suspended because they get another one soon after. How your case is handled depends upon WHAT COURT you are to appear before and...

# 13
How to Fight a Traffic Ticket in Washington State
Post On Jan. 11, 2011
Tag:  Show more

Examine the face of the ticket. 1. Make sure the officer signed the ticket. If the officer forgot to sign the ticket, you can win, because the ticket is no longer admissible. 2. Make sure the ticket properly lists the offense. Sometimes, the officer accuses you of the wrong infraction. Look up the...

# 14
40 Ways to Beat a DUI in Washington State
Post On Oct. 05, 2010
Tag:  Show more

If you have been arrested for DUI or DWI, it is obviously cause for concern--but not for despair. By hiring a quality defense lawyer who can protect your rights, there are a host of ways your case may be defendable. That's why it would be a good idea to consider hiring one of America's Top DUI and...

# 15
I've Seen the Light-- In My Rear View Mirror-- A guide on what to do when the police pull you over
Post On Sep. 04, 2010
Tag:  Show more

Under What Circumstances Can the Police Pull Me Over? The police need reasonable suspicion of criminal activity to pull you over. It is a very low standard. Simply going over the speed limit by one mile per hour is enough. Almost any traffic infraction will be enough to stop your vehicle. When the...

# 16
Montana traffic Laws
Post On Aug. 16, 2010
Tag:  Show more

This is the first edition of the Guide to Montana Traffic Laws. It is based on the National Motorists Association's Motorist's Guide to State and Provincial Traffic Laws, but tailored to our needs here in Montana. It is the only guide of it's kind available in Montana. It is as accurate as we could...

# 17
Drunk Driving and Other Arrests
Post On Jul. 27, 2010
Tag:  Show more

With the summer almost here and in anticipation of those fine weekends which we will be enjoying crabs and beer and going to the ocean for fun and relaxation, the Maryland State Police are out there looking for the drunk driver. With their speed traps, sobriety check points, and the staking out of...

# 18
When Warrantless Searches Can Be Performed

There are times when searches can be performed without a court ordered search warrant . These are called warrantless searches and it's the most common type of search conducted by law enforcement. The vital word in determining a warrantless search: Reasonable. It will be up to the court in many...

# 19
Radar Says You Were Speeding... Here's How to Question Its Accuracy.

Cross-examine the officer about his radar training To use radar, an officer must complete a 24 hour peace officer standards and training (P.O.S.T.) certified course. Ask the officer if they attended a P.O.S.T.-certified course, and, if so, how long it was. If they answer "yes" to both - which they...

# 20

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer