In Oklahoma, criminal defense cases are constructed according to the type of defense identified. Specific factors that apply to the criminal offense lead to the most effective defense choice. A local attorney could provide a defense for the defendant based on related factors.
Using the Insanity Defense
To use the insanity defense, the defendant must have a history of mental illness. A licensed psychiatrist must evaluate the defendant to determine if the individual is classified as insane. However, documented medical records could be used to show the defendant’s current mental status. If insanity is proven, the case could be dismissed due to an inability to commit the crime and/or understand that a crime was committed.
A Self-Defense Case
Self-defense indicates that the defendant committed the crime to stop the victim from harming them. The defendant must show how they feared for their life due to the actions of the victim. …
Urban exploration is gaining in popularity nowadays. Typically, the person enters a property they know they shouldn’t be on in an attempt to explore the area, find interesting things, and maybe take a few photographs. In most cases, the intent is not to disturb anything, but this could still end up with the person being arrested if they are caught on the property.
What Could Happen During Urban Exploration
Urban exploration often includes entering abandoned buildings and other areas just to look around. The intent is not to steal anything or to damage anything, but the person is often still on property they have no legal right to be on. They could become injured during this time or they could be stopped by the police and arrested for trespassing. This is a possibility every time they go exploring.
Charges That are Possible
It’s possible for the person to receive a misdemeanor …
Most people know that a criminal conviction can only be obtained if it is proven the accused is guilty beyond a reasonable amount. If a person is arrested, however, they might start to wonder what exactly that means. It’s important for a person to understand the level of evidence needed for a conviction and what their lawyer can do to try to avoid this.
What Constitutes Reasonable?
Reasonable simply means what the average person might believe. It might be reasonable to believe a person could be innocent if there is nothing that shows they were actually at the place where the crime was committed at the time the crime was committed. There is no hard rule as to what constitutes reasonable, but it should be something the average person might believe if they were to look at the entire case as laid out in court.
What Constitutes Doubt?
Doubt is just …
A person cannot just be stopped and arrested for a DUI. There needs to be a reason for the police to stop a person and reasonable suspicion they were driving while drunk. Prior to the arrest, the police will gather evidence that can enable them to prove the person was driving while under the influence.
Reason for the Stop
The police need to have a reason to stop a vehicle. This can be anything from seeing the driver swerve into the next lane, fail to use their turn signal, or drive dangerously. Once the officers have stopped the vehicle, they may note there is a possibility the person has been drinking. Typical signs of this include breath that smells like alcohol, slurred speech, and impaired movement. At this point, the stop is no longer just because of the initial infraction, but for a DUI charge.
Field Test for Intoxication
After being arrested for the third time for a driving related problem, a driver is sent to school to take some refresher courses on driving. During this time, the driver has some time to reflect, and he or she may begin to question, ” the Driving Isn’t All Bad, Is It?” Perhaps the driving is that bad, or maybe the driver was simply railroaded, but to avoid having to go through all of this schooling, the driver should seek advice from an attorney. There are attorneys in Louisiana who practice for the purpose of helping clients in such a dilemma.
Determining if the Driver is Really Such a Bad Driver
When a driver receives a traffic citation for bad driving, it is possible that the ticket was given unfairly, and the driver may need to talk to an attorney. An attorney who is well-acquainted with the traffic laws …