If the value of the item stolen is over $2,500, then it’s a felony.
The prosecution has to prove that the person appropriated the property without the consent of the owner with the intention to deprive the owner of his property by appropriating it. So appropriation is unlawful if it is without the consent of the owner, or if the property is stolen and the person knows it is ...
In our practice, we find that half our cases are set for trial, but out of those, only about one fifth goes through a trial. We frequently show prosecutors we are willing to fight the case, and that we are not there to strike a deal, plea bargain, or plead guilty to some charge. On ...
Yes, most attorneys avoid going to trial. The majority of attorneys feel like they do not want to go to trial, because many of them feel like they do not have the experience, or talent to have a chance at winning. Secondly, many of the attorneys feel like they do not make money if they ...
Unless the prosecution is willing to dismiss or give us a sweet deal that can be expunged, then we are going to get better results usually by taking the case to trial. Frequently, when the date of trial is near, and the prospective jurors are in the hall, and the judge asks the prosecution to ...
This is somewhat insane, but yes, you must have the interlock system in your car. An interlock device can detect alcohol on someone’s breath. It does not do anything to detect anything else such as drugs. Nevertheless, if a person has a second time DWI, even though it is an allegation of DWI by drugs, ...
In situations where someone has been injured or taken to the hospital, that person can be charged with a felony offense of intoxication assault. If they are guilty of driving while intoxicated or accused of this crime, and there was child under fifteen years of age in the car, then they may be charged with ...
I will be relying on science a great deal. There is no science that shows what level of any controlled substance, or drugs causes’ intoxication. Again, there is a scientific consensus that different drugs have different effects on different people. Science is important in defending DWI drug cases, and it is important to be able ...
Collateral consequences just like DWI with alcohol is license suspension implications. For a first time DWI, a person can have their license suspended for up to a year. For a second DWI, up to two years, and then there can be consequences such as drug testing, counseling, and drug treatment. But otherwise, the consequences are ...
Intoxication by drugs is different from intoxication by alcohol. The science is different in that the prosecutor is going to try to convict the client. Therefore, it is imperative that the attorney know all the science, and all the particular expert testimonies about drugs, and to be able to defend a DWI drug case. An ...
