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Friday, May 27, 2011

Former New York Giants linebacker Lawrence Taylor said - and I think it is legitimate?

As you may have read or seen on television, the former New York Giants linebacker Lawrence Taylor in Miami last year, when a car crashed her car in a parking lot was arrested, then exits the area immediately an accident.

This raises an important question, "LT", I stopped legally?

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Most Americans live in the mind of every day, why the U.S. Constitution - unless the public confrontation between the police and the seat of the requestSeizures.

Former New York Giants linebacker Lawrence Taylor said - and I think it is legitimate?

Remember - the police must follow the procedures of search and seizure! Contrary to what you saw on television and in cinemas, the police can not search people at random and their individual approach, if a condition is met:

Fisher Problem 1: fear of arrest and

Arrest: The arrest occurs when police custody of the prosecution or interrogation. We must stop the "probable cause". Dunaway v. NewYork,

442 U.S. 200 (1979). In particular, "the probable cause to arrest" which comes on when the officer, his knowledge of facts sufficient reliable evidence that a reasonably prudent person that the suspect has committed or is committing a crime would be. E "to affect the arrest of the police can be exported," the search incident to arrest. "The so-called, in particular, this means that if the arrest the police that during the same period of arrest, search"scope" of the defendants, including a bag or possession of the package. A. Illinois c. Lafayette, USA, 462 640 (1983).

However, if the person is in an apartment, the police generally do not check the suspects should also be pointed out, if it considers that the detention is unlawful, illegal search, and much later the opportunity that this arrest can not be approved in court, and furtherthat person.

You should also remember that there are special rules to stop the car. Order In fact, if the suspect is a legal vehicle, the police of the person and the vehicle cabin (without effort). This includes the packages or bags in the cab of the vehicle.

Fisherman The second question: "less" of an arrest - the police and Frisk

Stop and Frisk: The police are alsoless intrusive, so-called "stop-and-Frisk" look. As mentioned above, the point of "probable cause" debate should be based on - Stop and Frisk was only a "reasonable suspicion ....." In this regard, the court of the United States, for the most part, do not define "reasonable suspicion." Although it is clear in advance the rule that "something more" than a vague suspicion - - but it is very likely, because it is not necessary. Terry v. Ohio, 392 U.S. 1 (1968): that the standard is met depends on the Richter scaleLook at all the circumstances. For example, to a reasonable suspicion to justify a stop in front of him, if the note 1) the suspect is an area of ​​crime in a high speed corner, air and 2) the presence of the police. Neither factor alone is enough to stop, but they can and do not stop for a "reasonable suspicion" is a cop e.

If the policy is therefore expected that the person is armed, and after separation allows thea "frisk of the defendant at the top of the purchaser of those weapons. Later, when a weapon or other illegal items found during palpation may be acceptable, depending on how you felt suspected of smuggling. In other words, the legal question is "How much of the weapon or contraband responsible for the sensation of the clothing of suspects." One can see in the real world, and is a good example - a policeman noticed Marlowe A young man in a corner of stimulating drugs nearby.During Frisk, you feel the agent in a mantle of small square box Marlowe, it opened and found to contain heroin, cocaine or crack. In this case, there is a strong argument in favor of the U.S. Constitution, which can detect the Police do not know if the article attributed to the printing of the suspects was dressed in the chest.

Fisher Problem 3: Final Thoughts and the "Fisher-isms"

Fisher-isms: What are the thoughts of people to inform them of their rightsConstitution. This is not a substitute for professional legal advice ......

In this regard, a skilled lawyer may be the key to avoiding trouble with the police!

They are aggressive and professional lawyer central Essex County, in particular, Montclair, Verona, Cedar Grove, Bloomfield, West Orange, Caldwell, Fairfield, or -

Former New York Giants linebacker Lawrence Taylor said - and I think it is legitimate?

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Tuesday, May 24, 2011

New Jersey laws CFA

New Jersey has the toughest laws in the U.S. FSC. DWI stands for drunkenness. It is sometimes a DUI, driving under the influence. Under these laws, "traffic violation." The objective is to prevent drunk drivers harm to themselves or others.

The ability to keep fluids varies from person to person. But this is irrelevant under the law. If a competitor 0.08%or more of alcohol in his blood, you can be involved in a DWI. Previously, the limit was 0.10%. Well, if alcohol reading of 0.10% or more, the penalties are severe. The penalty is imposed for an offense, second offense, and so on. This includes a combination of jail, loss of license suspension and counseling. In deciding charges against an accused criminals like in other states also face counts. The time between the two crimesbe appropriate. If the offense is committed within 1,000 feet of a school or senior general, it is not necessary to respond to additional fines and community service.

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If the vehicle owner gives to another person and the person is "imprisoned or DWI Court against the owner. After" noise CFA laws "is not just alcohol above the permitted level. It could be more drugs and intoxicantsUse of inhalers and certain prescription drugs.

New Jersey laws CFA

The person who is under the influence of alcohol or drugs in the law, including the opening of his car to be released. The national drink in a vehicle parked the same fate. prove these cases, the intent of management rules.

Communication within 90 days of the alleged violation. A court appearance is mandatory. It is a guide to discuss the issue within sixtyDay, but it is not always practical. In this case only because the accused has the right to a speedy trial.

The judge in the District Court seeking DWI. There is no right to a trial.

New Jersey laws CFA

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Wednesday, May 11, 2011

What are the laws of New Jersey and DUI penalties?

New Jersey DUI laws in some unique, at least not the DUI vs. AFC. Although most of the State tax laws) intoxication influence are grouped under the title and driving (impaired driving, impaired driving in New Jersey has also drunk a situation (.) What is the difference between DUI and CFA? New Jersey DUI) and BAC to violate the "self" laws against the concentration of alcohol in the blood (or more of.08New Jersey charged with impaired driving if you thought that the influence of field sobriety tests and driving among the poor is dangerous and / or service in the industry.

In 2005, former New Jersey "John Law", named after John Elliot. John is a young man, a pilot who was killed was drunk, even after being released from prison. This law gives police the power to detect only a drunk driver in the car for at least 12 hours.

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Ifrefuses the blood test or breath after a DUI, the admissible evidence in court to stop effectively. Worse, there are penalties for offenses should increase the $ 1,000 per year for a period of 3 years of the first and second DWI within three years and $ 1,500 per year for 3 years for a third offense, $ 100 Additional DUI enforcement.

What are the laws of New Jersey and DUI penalties?

Most state laws other than 21 frames, not a BAC of.02 or say more. The newJersey, but 0.01 or above. If so, and 21 licenses from New Jersey DUI driver or CFA 30 days incurred by the defendants, and has 90 days to fulfill the obligations of the Community, 15 and 30.

The implications for professional drivers, who must be drunk, so rare - and difficult. The first action of each vehicle will be commercial driver's license (CDL) suspended for a period of one year, andBasic driver's license is suspended, 3-12 months. Results of a second DUI conviction in permanent revocation of the CDL, 2 years and a license suspension based. Rule out a repeat offender for life.

Did you know that you are not entitled to a hearing of the DUI in New Jersey? "This law is only the judge, the evidence, hears and decides what it is your fault. If you lose, your lawyer DWI, A de novo review of an application with another court case.

Other New Jersey DUI laws only in the fact that the Court is not the Department of Motor Vehicles (as always) decides the revocation or suspension of the driver while driving and drug possession with a loss of 2 years permits and fines of $ 50.

What are the laws of New Jersey and DUI penalties?

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Tuesday, May 3, 2011

Minor in possession of alcohol

RCW 66.44.270 (2) (a) for illegal possession of alcohol by 21 years person. The complaint named most often as a child in the possession or MIP. PID is a prison, then the simultaneous loss of license and fines of health. The police are often the mistake of thinking that to stop this bill and the office of a minor, if it could be the minor nature of the problem with alcohol. As we see, what makes being wrong.
The mere presence ofAlcohol is not sufficient to prove the MIP

The Court of the State v. Roth, 131 Wn. App 556 (2006) addressed the question of whether evidence of a small lesion that is sufficient for the consumption of alcohol, the rate of RCW 66.44.270 has been published (2) support. In Roth, the defendant, a 20-year went to a party where alcohol was present. Nobody had seen the defendant does not drink, but when the police contacted Mr. Roth noted that it varies and emits a strong odorThe alcohol in the breath as a ticket for MIP. Mr. Roth was then sentenced by the MIP in the district court.

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On appeal, the Court overturned the conviction based on sufficient evidence of the defendant Roth. The Court of Roth

Minor in possession of alcohol

The obligation of a controlled substance, if you know of the presence of the substance, the substance is immediately accessible, and the defendant exercises his power and control over the material. C. State Hornaday, 105 Wn.2d120, 125, 713 P.2d 71 (1986). Possession may be actual or constructive. Dalton Sunshine State, 72 Wn. App 674, 676, 865 P.2d 575 (1994). If the defendant is in possession of the material in the Trier actually determine all the circumstances. C. State Partin, Wn.2d 88,899,906, 567 1136 (1977), P.2d. mere presence of alcohol in the system itself is not sufficient to justify a conviction. Dalton, 72 Wn. Apt 676 However, if the first test of consumptionin combination with other elements in the match, it may be sufficient to prove possession beyond a reasonable doubt. Time alone is not the sole determinant for the existence of a domination and control. Turner Sunshine State, 103 Wn. App 515, 521 P.3d 13 234 (2000). Emphasis added.
This means that the child is accused of PID should be able to launch the case to the court for the advance of the meeting, unless additional evidence to prove ownership. If you find yourself or a loved one accused of PIDOnly the smell of alcohol, you should talk to a lawyer about to close the case.

Minor in possession of alcohol

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