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Criminal defense

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
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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...

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Understanding FBI Records presented by Thomas Esparza
Post On Aug. 23, 2010

FOIA Facts: Understanding FBI Records by Scott A. Hodes Many FOIA requesters are confused when they make a request to the FBI and get a "no record" response even though they are sure that there is a record on the subject of their request at the FBI. The FBI isn't lying-they just have devised a...

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Montana traffic Laws
Post On Aug. 16, 2010
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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...

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Search Committee Selection Process Guidelines
Post On Aug. 03, 2010
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Whether you operate in a for profit or not for profit organization, there are certain fundamental guidelines that should be observed in order to not only engender confidence in the process and the decision that is made but also avoid potential legal claims and other adverse consequences. The...

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Drunk Driving and Other Arrests
Post On Jul. 27, 2010
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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...

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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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Rhode Island Divorce: Cheating - Abuse - Drugs- Gambling- Alcoholism- Verbal abuse
Post On Apr. 19, 2010

Rhode Island is a "no fault state". Does that mean the assets are always divided 50% to the wife and 50% to the husband in a divorce? No. A no fault divorce in Rhode Island simply means that a fault grounds are not necessary in order to obtain a divorce in Rhode Island. In other words, all the...

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To Sleep or Not to Sleep?
Post On Feb. 01, 2010
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DUI Ambien and "Sleep Driving" "Sleep driving" is defined by the FDA as "driving while not fully awake after ingestion of a sedative-hypnotic product, with no memory of the event." Ambien and other popular sleeping medications are sedative-hypnotic products that can cause this condition. Sleep...

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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...

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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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Is It Illegal to Ignore Stay-At-Home Orders?

Almost every state has issued a “stay-at-home” or similar order during the COVID-19 pandemic. (Your state might refer to the order by another name, such as a “shelter-in-place,” “safe-at-home,” or “safer-at-home” order.) As these orders continue to be extended and amended, state and local...

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