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Criminal court

The COVID-19 emergency is having a profound impact on the criminal justice system

Certain crimes are not being prosecuted like before. Out-of-custody trials are being postponed. Defendants are being released from jail. We anticipate the effects of this emergency will be long-lasting. Our law firm was banned from working at our offices as a result of the Governor's emergency...

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Can You Be Pulled Over for Driving During Wisconsin COVID 19 Safer At Home Order?
Post On Mar. 26, 2020
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When I got home from work yesterday I walked to my mailbox and spotted my neighbor. We struck up polite conversation, consistent with social distancing mandates of course. During our conversation he expressed uncertainty as to whether he could drive during the Governor’s Safer at Home order. I do...

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Five Ways to Beat a DWI Charge
Post On Dec. 29, 2015
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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...

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Facebook is NOT your Friend (in court that is)
Post On Feb. 03, 2013
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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...

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Why would the police take you off camera for the DUI Field Sobriety Tests?
Post On Sep. 15, 2011
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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...

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

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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...

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Top 10 Defenses to a DUI in Ohio
Post On Feb. 21, 2009

No Reasonable Suspicion to Make a Stop For law enforcement, there must be a valid reason to legally make a traffic stop. The Fourth Amendment requires an officer have a reasonable suspicion that a crime is being committed or about to be committed before making a traffic stop. Reasonable suspicion...

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