Criminal Laws

Types of Drug Charges

Posted by on Jun 24, 2015 in Criminal Laws | 0 comments

When we think of crime involving drugs, many of us simply think of possession of the illegal substance. However, there are variations of drug charges. Possession laws vary from state-to-state and convictions can also vary based on the kinds of drugs found on a person. Possession charges can also change based on if a person is convicted of simple possession or possession with intent to distribute. Often, small amounts of illegal substances found on a person fall under the category of simple possession while large amounts fall under the intent to sell category. A person can be convicted of possession if the drug was found in a place where they had common access to, such as in the person’s house, even if the illicit substance was not directly on the person at the time of arrest.

This, however, is not the only kind of drug charge that a person can be convicted of. A person can be convicted of “drug dealing” which usually refers to the sale of a smaller amount a drugs by one person. The punishment, again, varies by state and the amount that the person is found with. A more severe but similar drug charge is trafficking. This includes the selling, transport, or import of illegal drugs. Trafficking is a more serious offense than just intending to sell the drugs. You can be convicted of trafficking even if you did not complete the process of delivery but were determined to have the intent to do so.

Manufacturing is a drug charge in which the person convicted is accused of being involved in the process of making the illicit drug. This type of charge is most often related to the growing of marijuana or meth labs. You can also be convicted if you possess certain materials to make drugs, such as common cold medicines, with pharmacy highly monitoring the sale of these precursors.

The convictions for these drug crimes can be severe and it is often necessary to contact a criminal defense lawyer if you have been accused of any of these crimes. To learn more about the penalties for drug charges and steps you can take if you are facing these charges, click here.

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Penalties by offense for DUI/OUI

Posted by on Mar 19, 2015 in Criminal Laws | 0 comments

Wisconsin’s punishments for driving under the influence (DUI)/operating under the influence (OUI) increase as offenses are repeated. Penalties can include jail time, fines, license suspension, and requirement for an ignition interlock device. The legal drinking limit in Wisconsin is .08. If violated, a range of punishments, with increasing severity, are outlined for the 1st through 6th offense.

For a first offense for a DUI or OUI, the fine is $150-$300, and the defendant’s license is suspended for six to nine months. On the second offense, if convicted with a DUI/OUI, punishments include 5 days to 6 months of prison, fines from $300-$1,100, license suspension for a year to a year and a half, and the car must be equipped with an ignition interlock device.

Third and fourth offenses are similar in severity, except for the minimum jail time. For the third offense, the possibility for jail time is 30 days to one year. The fourth offense, however, constitutes 60 days to one year of jail. Each offense is furthermore punishable by $600-$2,000 of fines, 2-3 year license suspension, and an ignition interlock device.

Lastly, fifth and sixth offenses have the same repercussions. Jail time is anywhere from 6 months to 6 years, fines can range from $600-$10,000, driver’s license is suspended for 2-3 years, and an ignition interlock device is required.

There are many unfavorable affects that a DUI/OUI offense can have on one’s life. The website of Wisconsin criminal defense attorneys Kohler Hart Powell, SC says that after receiving a DUI/OUI, the severity of a punishment can be reduced if proper steps are taken. A qualified lawyer can be of great help in such cases.

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Criminal Defense – Expunction

Posted by on Oct 8, 2014 in Criminal Laws | 1 comment

Expunction or expungement of a criminal record is the legal process of concealing certain past crimes to help a person get on with his/her life, taking away the shadow of a past criminal offense that continues to negatively affect everything he/she does.

The effects of a criminal conviction extend beyond the courtroom, influencing the decision of certain individuals in matters involving a person who has been convicted in the past. The decision on whether to employ or not employ a former criminal, to lease or not lease to him/her an apartment, or to allow him/her to travel or not are some of these. As if to further disadvantage him/her, decisions regarding a divorce case, child custody, visitation rights (and other divorce-related issues), as well as on active participation in civic activities, and so forth, are affected by past crimes.

To give those who have been convicted in the past a chance to live a more meaningful life by helping them enjoy all the wonderful opportunities in life again, the US Congress made a proposal to amend the Federal Criminal Code. The proposal, known as the Second Chance Act, was aimed at allowing the expungement of criminal records (but only for non-violent crimes) and giving formerly convicted individuals to say “No” to questions regarding past crimes during job interviews or inquiries by landlords.

The many hardships and, often, discriminatory treatment are experienced by convicted individuals. It is due to this unjust treatment and painful experiences why many convicts seek the assistance of a competent Dallas criminal lawyer to have their past criminal record expunged. They cannot be discriminated against for their pasts if no one knows what that time in their lives held for them.

Not all states, however, recognize expungement, while those that recognize it vary in some of the types of criminal record that they allow to be expunged. One specific (and major) difference is the position of some states to allow the expungement or expunction only of non-violent crimes; others, however, allow concealment of all types of criminal records.

Expungement is a lengthy and complicated procedure and the result of an application and legal process are mainly due to a lawyer’s capability and expertise in handling the case. It is absolutely necessary, therefore, to choose only a lawyer who can represent his/her client well.

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