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Questioned by the Police? - Don't Forget Your Rights

One of the special things about our country's criminal justice system is that if you are suspected or accused of committing a crime, you have certain fundamental rights. Unfortunately though, many people aren't aware of their rights, or, in the head of the moment, they forget about those rights. For instance, citizens who find themselves being questioned and in police custody may not even be aware that they have a basic fundamental right to have an attorney present any time they are being questioned by any branch of law enforcement. Truth is, having an attorney present if you are being quested is vitally important. Why is that? For one thing, an experienced criminal defense attorney can help you from incriminating yourself, can make sure that you don't answer questions that are designed to trick you, and can keep officers from asking the same question over and over again. Bottom line - having a criminal defense attorney on your side can help make sure that you don...

Wrong-way Accidents: Infrequent but Lethal

According to the National Transportation Safety Board (NTSB), over 350 highway deaths each year are the attributable to wrong-way incidents, with the vast majority of them due to head-on collisions at high speeds. One percent of conventional auto accidents involve fatalities; the figure skyrockets to 22 percent for wrong-way collisions. a 2012 report issued by the NTSB stated that over half of wrong-way incidents involved alcohol-impaired drivers, with over 60 percent of them ahving blood-alcohol readings of .15 or higher- nearly double the legal limit in most states. Fifteen percent of wrong-way collisions are initiated by drivers age 70 or above. Confusion and impaired vision are aggravating factors in these accidents. Many wrong-way accidents begin with a driver mistakenly entering a highway from an exit ramp; others originate with people who realize they have missed their exit, so they make a U-turn and head the wrong way back to the exit. Nearly 80 percent of wrong-way acciden...

Post Bail or Go to Jail

Bail is cash, a bond, or property that an arrested individual gives to the court to regain their freedom - at least until their trial - and to ensure that they show up for all scheduled court appearances. If they fail to do so, the court will keep the bail money and issue an arrest warrant. The bail amount is set by a judge. Factors taken into consideration include the seriousness of the crime, the accused's prior criminal record, their financial resources, and their likelihood of being a flight risk. In some states, a suspect may request a lowered bail at a special bail hearing or at their arraignment (first court appearance). If the accused has been charged with a particularly serious or violent crime, or the judge believes that they are a danger to the community, might flee to avoid trial, or will likely obstruct justice by tampering with witnesses or destroying evidence, bail may be denied. If a suspect violates the court's conditions of release (e.g., obeying all law...

Juvenile Deliquency Proceedings

In most states, juvenile delinquency proceedings involve persons age 18 or under. A few states might go lower, at 16 or 17, and one state (Wyoming) sets the age at 19. All juvenile cases are civil matters, not criminal. In juvenile delinquency cases, instead of being charged with a crime, the juvenile is accused of committing a delinquent act. A prosecutor or probation officer typically gets the ball rolling by filing a civil petition, which states the charge and requests that the court determines that the juvenile has been delinquent. Juveniles have the right to attorney representation at an adjudicatory hearing (where the judge weighs the evidence in a case), but they do not have the right to a trial by jury. If a delinquency determination is made, the court has broad powers as a to what constitutes the best interests of the child and a suitable course of action. Common delinquent acts include theft, drug abuse, simple assault, and disorderly conduct, among others. Roughly ...