Archives for: April 5th, 2014

A DUI case can easily become something much more serious if there is a serious injury or even a death involved. In those cases, a DUI charge is elevated to a charge of Vehicular Assault or Vehicular Homicide.

 

Any time a DUI or DUID is elevated to a charge of Vehicular Assault or Vehicular Homicide, the legal standard that applies is one of strict liability. What that means is

During the process of conducting a consultation either online, over the phone, or in person with a prospective client facing criminal charges, I often get asked the question of whether the outcome in two cases, both with identical charges, can be predicted.  The scenario is usually something like ‘my buddy got charged with X and got Y specific deal and outcome, shouldn’t I get the same thing?.  The short answer

Homes or apartments often are occupied by more than one person. When can an individual consent to a search of a jointly occupied residence? In the past, the Supreme Court has held that any person who is a joint occupant of a residence can consent to a law enforcement search of the shared residence. However, if the co-occupants are both present, and have a disagreement as to whether to let

One legal concept I frequently get questioned about is the statute of limitations.  Different offenses have different applicable statutes of limitations, meaning that different offenses have different set time limits for the filing of charges.  Some offenses, of course, have no statute of limitations at all.  Should a statute of limitations apply and charges not be filed within the pertinent time period, then charges cannot be filed at some later