One of the most critical steps during this trying time often involves determining the most appropriate criminal defense strategy based on the circumstances of your arrest. There are a multitude of different defenses for DUI cases that can directly challenge the actions of the arresting officer. Some of the most common of these include the following:
Known as affirmative defenses, some DUI cases involve strategies of displaying to the court why the actions of the accused were justifiable given the particular circumstances. Three of the most frequently seen of these include:
Given all of these different criminal defense possibilities against charges of driving while intoxicated, a thorough examination of all the details involved with your arrest could prove invaluable to your future. An experienced Kentucky criminal defense lawyer can provide this along with much-needed peace of mind by ensuring all your rights are protected during these challenging times. Taking advantage of the professional help and support readily available to you can increase your chance of achieving the best possible outcome.
]]>There are different types of domestic violence, and some of them do not involve violent or threatening physical actions. While physical abuse is the most common type of domestic violence in Kentucky, allegations of other types of abuse and violence can also have serious repercussions on your life. By understanding what you are up against, you will be in a better position from which you can defend yourself and fight for your future.
Physical abuse is the most common type of domestic violence, and it is the result of one person causing physical harm to another through direct contact or the use of a weapon. Physical abuse may also include attempts to cause harm, even if the other person did not suffer any physical injuries as a result. Other types of domestic violence include:
Domestic abuse in all forms is serious, and if you are facing these allegations, it is critical that you take your situation seriously. It could impact your career, your reputation and even an ongoing child custody case.
You can fight back against allegations against domestic abuse. An assessment of what you are up against could help you understand if you have grounds to challenge the case against you and pursue a beneficial outcome. As soon as you learn of an investigation, attempts to get a restraining order against you or the filing of formal charges, you will benefit from securing professional assistance with your defense.
]]>One of the most common questions drivers have when stopped by police is what will happen if they refuse a breath test. This is test is administered by law enforcement if there is suspicion that the driver is operating his or her vehicle while intoxicated. This test is typically only administered if the driver has not passed the field sobriety tests first given. If you refuse to take this test, there could be steep penalties in store for you.
Blood alcohol content is determined by breathing into a small device, often called a Breathalyzer, that can detect the amount of alcohol in a person’s system. Even if you are not intoxicated, if you are asked to submit to a breath test during the course of a suspected DUI traffic stop, you will face certain legal and administrative consequences. If you refuse to submit to this test, the following penalties could apply to you:
While it is within your right to refuse, it is important for every driver to understand that this could come with unpleasant consequences and frustrating penalties.
In order to initiate a suspected drunk driving traffic stop, law enforcement must have probable cause to do so. This means that they cannot simply stop you without having a valid reason to do so. If you face charges for a DUI in Kentucky, you may want to evaluate whether the initial traffic stop was valid and based on legitimate reasons.
In order to pull a driver over for suspected drunk driving, police must first observe certain behaviors. Reasonable suspicion means that law enforcement has observed behaviors that give them reasonable suspicion that a criminal act is taking place. Some of the behaviors that may give police a reason to initiate a suspected DUI traffic stop include:
If a driver is exhibiting these behaviors, it would give an officer a legitimate reason to pull the driver over. After initiating the traffic stop, the officer will approach the vehicle, speak with the driver and determine if there is a reason to conduct sobriety tests. These reasons may include the driver slurring his or her speech, the smell of alcohol coming from inside the vehicle or noticing open containers.
A drunk driving charge can change the course of your life. If you are facing these types of criminal allegations, you will benefit from seeking insight regarding your legal options. An assessment of your case may determine that you have grounds to challenge the prosecution’s case, starting with the initial traffic stop. If there was no reasonable suspicion to pull you over, it could compromise the entire case against you.
]]>Property crimes are those that involve taking the property of another person or party without permission. There are different types of property crimes, and burglary is one that could bring serious penalties. In most cases, burglary is the crime of unlawful entry into a structure. In order to have a valid burglary case, there must be evidence that the accused gained entry with the intent of committing a crime.
There is a distinct difference between robbery and burglary. In burglary cases, there is unlawful entry, but typically, there is no person inside the structure at the time of the alleged crime. In robbery cases, the alleged defendant uses fear and intimidation tactics to take property. Most burglary cases involve the following elements:
The timing of the alleged crime is often a criminal element of determining intent. It is not always easy to accurately assess a person’s motives, and as part of your defense strategy, you may benefit from challenging the prosecution’s interpretations of your actions in the determination of your intent to commit a crime.
Regardless of the evidence Kentucky authorities have against you, you have the right to defend yourself against any criminal charges brought by the prosecution. If you find that you are under investigation for burglary or any other type of property crime, you can take immediate action to protect your rights and interests by seeking insight regarding your defense options. You may confront any evidence against you, and you have the right to fight for the best possible outcome to your case.
]]>The 4th Amendment to the U.S. Constitution protects you against unreasonable search and seizure. This means that law enforcement must have probable cause to search your Kentucky property and look for evidence of alleged wrongdoing. This important amendment prevents police from coming onto your property and other places where you have the reasonable expectation of privacy unless they have a valid reason. A violation of your 4th Amendment rights could be grounds for a civil claim.
An investigation is an important part of any criminal case. During this stage, law enforcement will search for evidence, and if they suspect you of a crime, they may intend to search your home, your vehicle, your place of business and other parts of your life. However, there are limits to when and where they can do that. According to the 4th Amendment, police cannot subject you to unreasonable searches of your property or take your property for evidence except in limited circumstances.
In order to conduct a search, police must have a valid search warrant. They can request one from a judge, but they must provide a valid reason to justify the search. Search warrants often have limits in scope, meaning that they may only permit the police to search in certain areas or parts of your property. However, if there is reason to believe a crime is actively taking place, this gives police probable cause to enter privately owned property.
The best defense strategy is the one custom-tailored to the details of your individual case. There is no cookie-cutter defense strategy, but typically, it is smart to begin with an evaluation of the entire case, including the actions of law enforcement officers. If there was a violation of your 4th Amendment rights at any point, it is possible that you could challenge the entire case against you. If you are unsure of what to do, you may benefit from seeking professional guidance regarding your legal options.
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