How Does The Criminal Justice System Work?

Criminal justice system is meant to control crime and prosecute those who violate laws. Asking yourself how does the criminal system work? Well, a case begins with:

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  • investigation of the crime by the law enforcement officers
  • gathering evidence to identify the perpetrator and use it against them
  • making an arrest
  • examination of the evidences by the court and determining whether the defendant is guilty or not
  • if guilty, the convicted party will go to prison or receive probation.

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It is Better to Prevent DUI/DWI than to Deal with its Consequences. Drunk Driving Defenses

They say it is better to learn from the mistakes of others. But actually everyone learns from their own mistakes. It is commonly known fact, that it is prohibited to drive when you are drunk. Although a lot of people ignore the potential danger and drive after having consumed alcohol or other drugs.

If you are charged with drunk driving and you don’t agree with the accusation, there are still some ways out. Let’s talk about your possible defenses in this case. The most common drunk driving defenses are:

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  • Improper stop – this is the mostly used argument, that claims that the officer had no reason to stop the traffic.
  • accuracy of Breathalyzer test – your attorney may question the validity of test results, claiming that the equipment is not accurate or the officer doesn’t have enough qualification in doing this test.
  • accuracy of Field Sobriety Test – this defense questions the propriety of Field Sobriety Test and whether the results of it are accurate.
  • insufficient evidence for arrest – sometimes the officers can arrest the driver based on their own observations if physical signs such as bloodshot eyes, that could be a sign of impairment. Your lawyer can question that, by claiming that those are “personal opinions”, they are subjective, and have nothing to do with DUI. Physical signs can have another ground, for example allergies.
  • not driving at the time – if you were not driving but just sitting in your parked car, it can’t be a reason for arrest, although some states allow an officer to arrest for drunk driving even without the act of driving intoxicated.
  • rising BAC – it is well known that alcohol need time to “rise” in your blood, because it is gradually “absorbed” into your blood. If there was a long delay between the stop and actual testing, you can claim that your BAC wasn’t over the limit by the time of stop.
  • blood test – sometimes drivers claim that the results of blood test were tampered
  • improper officer’s actions – you may have evidence or testimony of officer’s improper actions that violated your civil rights and falsification of DUI report.

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What Should You Do After Being Involved In An Accident

Car accidents are very stressful for each driver because they are unexpected and unpredictable. Even the best and the most careful driver may be involved in an auto accident.

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According to Association for Safe International Road Travel (ASIRT) 2.35 million of people get injured or disabled in road crash accidents in U.S. Road crashes cost $230.6 million per year.

If you got into an auto accident you should first collect evidence as to who caused the accident and what are the damages of it. The best solution for you could be taking pictures of the damages, because that would be an incontestable evidence.

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DNA test without a warrant

The Court has decided the police can sample your DNA without a warrant. Thus, anyone arrested for a felony, even the individuals who were never convicted, can now be tested. The tests’ results are uploaded to state and federal crime database.

Pros and cons

Some law agencies hope DNA testing can be a reliable identification tool rather than names, appearance and fingerprints. Proponents say it is a valuable tool which can investigate unsolved crimes. It can also help separate violent offenders from other people. For example, a Maryland study shows that 20 crimes could have been prevented if just 3 arrested were sampled.

Opponents claim it violates the Fourth Amendment which guards against unreasonable searches and seizures. As a result, in a number of state and federal courts there were cases when the law faced conflicting results. The case by the Maryland Court of Appeals held the practice unconstitutional. It happened earlier this year. A DNA sample was taken from a man who was arrested in 2009 on assault. It matched evidence from an unsolved rape. Later on, he was convicted and charged by the state based on the match.

Removing your DNA data

If you have been arrested for a felony you did not commit, you can have your records removed from the database. Only eight states offer automatic deletion of these records. In the remaining 17 states arrestees must contact authorities to ask that their records be removed.

More information here: http://blogs.lawyers.com/2012/10/the-police-can-test-your-dna-without-a-warrant/