Drunk Driving Course

Posted on January 6, 2012 by admin

Following a drunk driving arrest, the court may order the defendant to obtain a substance abuse evaluation and appropriate treatment. In addition to treatment, the defendant is often required to enroll, attend and pay for a state authorized drunk driving course. A person will not be denied enrollment because of income. If the defendant qualifies as an indigent, the state frequently pays most of the expense.

For persons between the ages of 16 and 21, some jurisdictions require enrollment in a reality-based education program to prevent future substance abuse related law violations. The program includes supervised tours of hospitals, treatment facilities or morgues.

If you are charged with a crime contact a criminal attorney in Sacramento Dionne Choyce to protect your legal rights. Please call our office at (916) 449-9910 and speak with Dionne directly about your case. He will be happy to discuss your case with you. If you choose to retain criminal attorney in Sacramento Dionne Choyce, you will find that his fees are affordable and well worth it.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

Vehicle Search

Posted on December 20, 2011 by admin

Although vehicle searches are not a serious problem during a typical police stop, the issue is important if the occupants possess illegal drugs or other contraband. In these situations, as well as others, it is vital to know your rights to recognize an unlawful police search.

The law empowers officers to implement vehicle searches with greater ease and less probable cause. Police can lawfully peer through windows to observe the interior of vehicles, but once inside, motorists are afforded greater constitutional protection. For instance, the trunk and glove box are given some privacy protection because they are enclosed compartments. Glove boxes are more easily inspected if the compartment is not locked; however, even a locked glove box can be searched because of its accessibility to the driver and the passenger. The trunk is more private because it is not accessible to vehicle occupants, but this does not apply to hatchbacks, vans or station wagon. Despite all the privacy interests, if the vehicle is impounded, officers are usually allowed to search these areas to inventory the vehicle’s contents.

If you are charged with a crime contact a Sacramento criminal defense lawyer Dionne Choyce to protect your legal rights. Please call our office at (916) 449-9910 and speak with Dionne directly about your case. He will be happy to discuss your case with you. If you choose to retain Sacramento criminal defense lawyer Dionne Choyce, you will find that his fees are affordable and well worth it.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

Substance Abuse Evaluation

Posted on December 15, 2011 by admin

As part of the initial appearance, the judge typically orders a substance abuse evaluation to determine whether the defendant has a drinking problem. Unfortunately, this seemingly innocuous report will heavily influence the prosecutor’s recommendation and judge’s sentence. Since the evaluation plays such a critical role in the punishment portion of a drunk driving charge, defendants should approach it with the same degree of seriousness.

Advance Preparation - Before speaking with the counselor, every defendant should contemplate answers to contemplate answers to common substance abuse questions. Most counselors follow a standard questionnaire to evaluate substance abuse problems. Each answer is scored, and the cumulative sum is compared to a chart that recommends a wide range of treatments. Properly prepared defendants will have a lower score and less recommended substance abuse treatment, whereas the ill-prepared may be characterized as chronic substance abusers who need extensive, prolonged and expensive treatment.

Standard Questions - Counselor searching for answers that reflect a substance abuse problem. Here is a list of typical standardized questions used by counselors. Carefully review, and contemplate your response prior to undergoing a substance abuse evaluation.

Do you binge drink (four drinks or more in one sitting)?
Do you drink alone?
Do you only drink on special occasions (holidays, weddings, birthdays)?
Have you ever experienced blackouts (lost memory from the night before)?
Does your family have a history of alcoholism?
At what age did you begin consuming alcohol?
How often do you consume alcohol?
Have you ever used illegal substances?
Do you have any prior alcohol-related offenses?
Did you have prior substance abuse treatment?
Has alcohol or drugs ever affected your employment, education, or family?
Has anyone ever stated that you should decrease your intake of alcohol or drugs?

Obviously, common sense can properly answer these questions to avoid the appearance of having a substance abuse problem. Here is one client’s response:

Never binge drinks.
Never drinks alone.
Does not usually drink on special occasions.
Never experienced blackouts.
No family history of alcoholism.
21.
2-3 times per month.
No illegal substances used.
No prior alcohol- related offenses.
No prior substance abuse treatment.
No substance has adversely affected my job, school, or family.
No one has ever asked me to decrease my intake of substances.

These answers indicate the defendant does not have a substance abuse problem.

If you have been arrested for a DUI contact a DUI lawyer in Sacramento Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 449-9910 for free consultation now.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

DUI – Pending Charges

Posted on December 12, 2011 by admin

Whether or not a chemical test is administered, in most instances the motorist will be arrested. At the police station, the defendant is fingerprinted, booked, given a standard-issue jumpsuit, and placed in the cell until the initial appearance (usually in the morning). The purpose of an initial appearance is to notify the defendant of all charges, and either set bond or order release from jail without bond. In some instances, instead of spending the night in jail the officer imposes a standard bond fee that allows the motorist to be released.

This is a discretionary action on the part of the officer, typically contingent upon jail overcrowding, defendant cooperation, and the officer’s disposition. If released, a future court date is set for the initial appearance. Generally, a drunk driving test is merely a complaint alleging that criminal activity has occurred; it is not a formal criminal charge. The charge becomes formal upon indictment or the prosecuting attorney filing appropriate papers. There are deadlines for filing formal charges, and only in rare circumstance is the complaint dismissed. There is often a delay between arrest and indictment so the officer can prepare an official police report to factually substantiate the criminal complaint. This also allows the defendant time to retain an attorney.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

Guilty Act – Actus Reus

Posted on December 2, 2011 by admin

Aside from intent, another essential element of most criminal violations is that of actus reus, meaning the guilty act. If a person merely forms the intent to kill someone, but never does anything to actually implement it, then he or she has not committed any crime. If, however, that person forms the intent, goes out and purchases the weapon, and enters into a conspiracy to use that weapon to kill someone, then he or she may be guilty of a crime. In order to constitute actus reus, the act must be voluntary. These two critical elements of mens rea and actus reus must occur concurrently.

For example, If David intentionally shoots to kill you, but misses and later accidentally kills you, he is not guilty of murder. At the time that David committed the act (actus reus) of accidentally killing you, he no longer had the intent (mens rea) of actually killing you.

If you are charged with a crime contact a criminal lawyer in Sacramento Dionne Choyce to protect your legal rights. Please call our office at (916) 449-9910 and speak with Dionne directly about your case. He will be happy to discuss your case with you. If you choose to retain criminal lawyer in Sacramento Dionne Choyce, you will find that his fees are affordable and well worth it.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

Criminal Intent

Posted on November 28, 2011 by admin

An essential element of a criminal offense is what is known as mens rea or intent. Different crimes may require different levels of intent. There are a variety of different ways that the courts have addressed these levels of intent. Two common distinctions, though somewhat confusing, are specific intents and general intent. A specific crime is one that calls for a particular state of mind in order to satisfy the elements of that offense.

For instance, in first degree murder there must be premeditation – a specific intent to kill. In second degree murder, however, there need no be a specific intent to kill. There may simply be a general intent. If a person fires a gun into a crow of strangers, with no intent to kill anyone, he or she could be guilty of second degree murder for acting recklessly.

Another aspect of intent is what is referred to as transferred intent. Transferred intent arises when a person intends to harm one victim but in fact harms another.

For example, If Phil throws a rock at you and rather than hitting you, hits your next door neighbor, he may still be guilty of the crime of assault and battery even though he did not intend to hit your neighbor. His intent is deemed to be transferred from you to the neighbor.

If you are charged with a crime contact a Sacramento criminal lawyer Dionne Choyce to protect your legal rights. Please call our office at (916) 449-9910 and speak with Dionne directly about your case. He will be happy to discuss your case with you. If you choose to retain Sacramento criminal lawyer Dionne Choyce, you will find that his fees are affordable and well worth it.

Substance Abuse Requirements

Posted on November 25, 2011 by admin

Following a drunk driving arrest, the court may order the defendant to obtain a substance abuse evaluation. Although the law usually requires that upon conviction, the court may order a substance abuse evaluation and appropriate treatment, many judges require an evaluation within ten days of the initial appearance.

First Offense – Upon conviction for first offense drunk driving, many jurisdictions require the defendant to attend and pay for a drunk driving course. Moreover, proof of completion is often required by the department of transportation before driving privileges will be reinstated. If the BAC is at least twice the legal limit, the court usually orders a substance abuse evaluation and mandates completion of all recommended treatment.

If you have been arrested for a DUI contact a Sacramento DUI lawyer Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 449-9910 for free consultation now.

Second Offense – Upon conviction for second offense drunk driving, the court usually requires a substance abuse evaluation and the completion of all recommended treatment. If the recommendation includes commitment to a substance abuse treatment facility, the defendant will receive credit for time served. Although the court can specify the length of stay, it frequently relies upon the recommendation of the evaluating facility to determine when the defendant has received the maximum benefit from treatment.

Third or Subsequent Offense – Although some states specify punishment for individual offenses beyond the third, most jurisdictions offer the same punishment for all subsequent offenses. Upon conviction for a third or subsequent offence drunk driving, the substance abuse requirements are typically the same as second offense drunk driving. The defendant must undergo an evaluation, complete all recommended treatment, often receives credit for time served in a treatment facility.

If you have been arrested for a DUI contact a Sacramento DUI lawyer Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 449-9910 for free consultation now.

THE CHOYCE LAW FIRM
980 9th Street #16
Sacramento, CA 95814
(916) 449-9910

Theft Offenses

Posted on November 21, 2011 by admin

Theft offenses are another group of crimes that can be filed as a misdemeanor or a felony. They usually involve the taking of someone else’s property without their permission with the specific intent to permanently deprive the rightful owner of the property. Remember, many “little,” petty, thefts can often be filed as felonies, meaning a conviction could result in you being sent to prison. Through effective legal representation, many of these charges can be reduced or dropped altogether. You need the attorney at The Choyce Law Firm to assist you securing the best possible result in your case.

If you are charged with a crime contact a Sacramento criminal attorney Dionne Choyce to protect your legal rights. Please call our office at (916) 449-9910 and speak with Dionne directly about your case. He will be happy to discuss your case with you. If you choose to retain Sacramento criminal attorney Dionne Choyce, you will find that his fees are affordable and well worth it.

First DUI Offense

Posted on November 16, 2011 by admin

A first offense drunk driving conviction can vary significantly from state to state. Many states have a minimum number of hours in jail and a standard fine. There is also a discretionary range of punishment for the judge to consider, which includes a maximum jail sentence and loftier fine. Some jurisdictions allow the fine to be waived if there is no injury to person or property, of the court can grant a deferred judgment to remove the conviction from the defendant’s criminal record.

If you have been arrested for a DUI contact DUI attorney in Sacramento Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 449-9910 for free consultation now.

In some jurisdictions there are numerous restrictions when attempting to receive a deferred judgment. In lieu of a fine, the court can order unpaid community service. If a jail sentence is imposed, the court is often empowered to accommodate the defendant’s work schedule.

A substance abuse evaluation is usually required prior to sentencing and the court typically orders the motorist to attend a drunk driving class, while other defendants may be required to participate in a reality-based substance abuse education program.

If you have been arrested for a DUI contact DUI attorney in Sacramento Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 449-9910 for free consultation now.

Prostitution, Pandering, and Pimping

Posted on November 14, 2011 by admin

Prostitution is engaging in sexual activities in exchange form money, drugs, or property. It is illegal in most states, although a few part of Nevada allow legalized prostitution to some extent. The prostitute is often the one prosecuted, but it is a crime for the customer as well.

“Pandering” is the procurement of a person to become a prostitute. “Pimping” is the crime of soliciting on behalf of a prostitute or deriving support from a prostitute’s earnings. Suppose that Frank approaches a young runaway and offers her a place to stay and half of everything she makes if she will have sex with the men he finds for her. Frank finds several men who will pay to have sex with the girl. The men pay Frank, the girl has sex with them, and Frank gives her half the money. Frank is guilty of pandering, since he procured the girl to become a prostitute. Frank is also guilty of pimping, not only because he derived support from the girls earnings, but also because he solicited the men to have sex with her.

If you have been arrested for a crime contact a Sacramento criminal lawyer Dionne Choyce for your free consultation now to protect your legal rights. Call (916) 449-9910 for free consultation now.