Jobs for Felons Work Opportunities for Convicted Felons

Jobs for Felons Work Opportunities for Convicted Felons

Felony is a reference to crime that includes, but is not limited to, drug abuse or assault or involvement in rape, murder or bankruptcy fraud or mail fraud. Involvement in such crimes is an offense against society and litigation. This very aspect of felony limits the opportunities for convicted felons, after they complete their terms. The misdemeanors may be committed due to difficult circumstances, but the aftermath is not easy at all. However, now there is hope. Governments around the world are working towards integrating convicted felons back into society after they pay their due to law.

What is Felony These people are usually convicted for involvement in illegal manufacture and distribution of controlled or banned substances that lead to drug abuse or their possession of weapons. The intent to use a weapon is enough, to be charged with felony. The job openings for felons include openings in customer relationship management and sales management. The job opportunities for felons are categorized according to the crime categories set by the law. The law divides the understanding of felony into four basic categories: Those who actually commit a crime Those who aid and abet at the scene of the crime Those who help with accessories at the criminal event and Those who aid and abet after the crime The seriousness of the criminal event basically enables the law enforcement authorities to categorize those convicted for felony after their term is over. Today, jurisdictions are moving beyond the category distinctions to reach out to these people and make jobs available for an honest living. Felonies are also classified according to the seriousness of the crime, as per the standards set by law. Although the classifications and crimes vary, they are all determined by the legislature and hence are to be taken into consideration when looking for job opportunities.

Jobs for felons are difficult to identify in certain companies that have a rule not permitting the same. But, the world over, and especially in the United States of America, the legislation and private companies are more considerate. While some companies just won't hire a felon, some others are very considerate to the cause. The remuneration for the various jobs opened to felons differs from one company to another.

Where to Start Speak with your probation or parole officer before you start to look for employment. The Federal government provides each state with a grant or a stimulus package to enable the states to set up a program for job placement of people being released from prison. These services are free of charge and can provide a good launching for your job search.

Your probation/parole officer will undertake a screening process and will refer you to this state-funded program which is like an Employment Education Program. This program with the help of its valuable resource can help you find it a company that will look past your felony and give you a chance at being a part of their team. This can save you countless hours and phone calls trying to find a suitable and willing employer. Though different states use the funds differently, they all have the same goal in mind, to help you gain legal employment.

Tips for Job Search Try to opt for part-time evening work as employers often, won't check your background. The unfortunate part here is, benefits are usually unavailable for these kinds of jobs. A majority of jobs are found through acquaintances contacts and personal connections. Talk to family and friends for any such job openings or opportunities that would consider you in spite of you record. Organizations like Safer Foundation in Chicago or Delancey Street Foundation in San Francisco are resources or institutions specifically meant to help convicts. Some other possible employers are Nugget Markets in California, Smith's Grocery Chain that help former convicts find their way.

Employment Opportunities for Convicted Felons

Drivers Felons are being considered for dedicated driving jobs. They are considered for delivery jobs like flower delivery, at moderate salaries and a possibility of salary negotiations. Even though the job keeps a felon consistently on the move, the salaries offer stability and job satisfaction. A fresh leash on life is a morale and fiscal booster. The process of procuring the necessary license from driving schools is similar to that applicable to others. Licenses for driving trucks and other special licenses are not difficult to obtain.

Defense The army has also begun considering felons and people with any kind of criminal background. The appointments though depend largely on the crime committed. There are a number of online as well as offline recruiting agencies that check the eligibility and enable a felon to join the defense services of the country.

Self-employment Today, many people hire and pay consultants for different services. Evaluate your interests and skills so that you can train or develop skills for a niche market. No better way to earn an income than be your own boss. There are various small business loans and grants for starting new businesses. Many consulting jobs require just skills and knowledge and not a large start-up capital. A number of private and public resource centers enable felons to get the required training and licenses to start a business and make a humble, but rejuvenating start. A number of families are also extending help to such convicts. They enable related felons to become an integral part of existent family businesses.

Customer Service Representation A number of companies are also recruiting felons for jobs relating to customer services. Today, customer services or interaction with dedicated customers play a very vital role in business security. Felons are now being considered for over-the-phone customer service extensively after being trained in the application of industry specific telephone etiquette.

Any job opportunities offered to felons involves dedicated screening. The Human Resource Management Department of the employing companies conduct blood tests for drug abuse and also detailed criminal background checks. The overall treatment meted out to those convicted for felony has changed in recent times. They are being accepted back into society work honestly. Felons can also avail of the 'get-paid-to' services. These enable them to make money when and as, for contractual jobs and part-time jobs, without too much of investment in time.

Cyber Criminals Hack Into 4 Million Computers

Cyber Criminals Hack Into 4 Million Computers

The FBI has found that a cyber criminal group based in Eastern Europe and code-named "Rove" hacked into at least 4 million computers in over 100 countries over the past four years. The criminal enterprise netted the group at least $14 million in what officials are referring to as "illegitimate income." The group created wealth from their criminal endeavors by utilizing to infect computers and send users of those machines to their own websites, where they created revenue through advertising deals.

In addition to hitting a large number of computers of lay people around the world, computers of U.S. government agencies, including NASA, were also hit. Among the websites from which people with infected computers were re-routed elsewhere were the sites of Netflix, iTunes and the IRS, among others. The accused group consists of six Estonian nationals and one Russian national. The FBI put an end to their endeavors after a 2-year investigation that was dubbed "Operation Ghost Click."

Said Janice Fedarcyk, the FBI Assistant Director in charge of the New York field office, "The global reach of these cyber thieves demonstrates that the criminal world is flat. The Internet is pervasive because it is such a useful tool, but it is a tool that can be exploited by those with bad intentions and a little know-how." Thus far, the six Estonians that are part of the plot have been arrested, while the lone Russian member of the group remains at large. "Today, with the flip of a switch, the FBI and our partners dismantled the Rove criminal enterprise," noted Fedarcyk. "Thanks to the collective effort across the U.S. and in Estonia, six leaders of the criminal enterprise have been arrested and numerous servers operated by the criminal organization have been disabled."

Let a Criminal Attorney Help You

Let a Criminal Attorney Help You

If you are in legal trouble and are unsure of what your next step should be, it is time to seek out some help. A criminal attorney is the person to turn to if you have been arrested for any reason. Whether you have been charged with domestic violence, DUI, a federal crime or even petty theft, you need to seek counsel as soon as possible. The court system can be a maze of twists and turns, which feel like they lead to nowhere. You need the assistance of someone who is trained in the methods typical to the justice system. Your defense lawyer should be an experienced individual who has worked with other cases of your sort in the past and won.

Domestic Violence/Spousal Abuse Domestic violence is an area that certainly calls for a defense lawyer. Most of the time domestic violence is a "he said, she said" situation. If you are the one being accused of abuse or hostility then you want someone that can work with you to make sure that the situation is not swung in the other party's favor simply because one person may be a better talker than the other may.

DUI When you are charged with drunk driving, there are certain steps that need to be taken in order to maintain your rights. The wording of the law can be confusing and people often think they have driving privileges when they really don't. There are other cases when the person does not know that they can attempt to get a restricted license. Applying for a restricted license is he asking the DMV to use your driver's license so that you may get back and forth to work even though your regular driving privileges are suspected. A criminal attorney can help you through this process.

Federal Crimes If you have committed or been accused of the federal crime you need to seek counsel immediately. In order to do this you must find a lawyer who is experienced in working with not only the state but also the federal court system.

Theft If you have been arrested for theft or another type of crime, hiring a criminal attorney is going to be your best bet. Due to the crime rates in the last 10 years, the system is eager to push people through. A lawyer will make sure that you get the rights to which you are entitled, including the right to a fair trial.

Not hearing a criminal attorney could be the worst mistake you have ever made. Even if you have been charged with something of which you are not guilty, you still need someone that can navigate the system and help you through the process. One little slipup could leave you sitting in jail. Jail is a place that no one wants to be, particularly if you have not done anything wrong. If you try to fight your case on your own, there is a good chance that the D.A. will overpower your case within the first 10 minutes. It is simply not worth taking that chance.

Areas of Specialization in Law Practice

Areas of Specialization in Law Practice

The legal occupation has often been maligned and ridiculed even by the very industry practitioners themselves. Still, it is an occupation that is much needed and necessary even in this day and age. Taking up the 6 year law program most universities and colleges offer, a graduate now has many options to choose in defining or specifying the area of practice. Here are some of the areas of specializations that one can choose after garnering a law degree program:

- Trial Lawyer/ Criminal Law. These are the specializations most seen in television. Though in these shows, there is a certain amount of liberty taken in the arguments and discussions that happen during a trial. Perhaps in most cases, it is not as dramatized as what we see in television. One area of sub-specialization is DUI lawyers. DUI lawyers are very popular these days especially in California where because of the number of vehicles involved and the distance people do travel or commute, many incidents of DUI does happen. DUI lawyers in San Diego are very popular as well because of the complex local laws in this city and county. Imagine having to first be tried by a case manager in the Department of Motor Vehicles to see if your case should be tried in the circuit court is just one additional requirement in San Diego. It does get complicated.

- Tax lawyers. Tax lawyers are essential especially for those who are more affluent and the key word is not tax evasion but tax avoidance. These lawyers come in handy especially for large corporations who want to pay the right amount of tax as required or can find a way to optimize their net profits. For practitioners of this field, a degree in finance and accounting is an advantage but not necessary.

- Corporate Law. Most of the lawyers do practice this form of law. This umbrella specialization includes mergers and acquisition, maritime law, and other business related activities which ultimately needs some form of legal work. The documentation and wording of contracts are important these days to avoid any problems in the near future. In the case of maritime law, there may also be issues that deal of ownership and insurance of goods as the biggest carrier of goods still involves shipping.

- Divorce Law. These lawyers are responsible for getting the best settlement for their clients in such cases wherein two people formally together wish to forever be apart. It is a touchy topic and issues may get personal so that is why the divorce attorneys are there to make sure that things are unbiased.

Lawyer Salaries Are They As High As Everyone Claims

Lawyer Salaries - Are They As High As Everyone Claims

The legal profession has been around for a good many years and there has been a common notion that lawyering is a stable, lucrative profession. There may have been a time when that was the case, but is it still so now?

The United States has more lawyers than any other country in the world, turning out about 38,000 law graduates a year from the more than 200 law schools across the country. This has led a ranking member of the judiciary to comment that there are too many lawyers in the United States, that the number of legal professionals far outnumbers the jobs and clients available out there.

What are the determinants of lawyers' salaries?

Several factors that determine the amount of professional fees that lawyers can demand, or the salaries they are entitled to as members or partners in law firms or as part of the public legal system.

The kind of law being practiced influences lawyers' salaries. For example, corporate lawyers, lawyers who handle mergers and acquisitions and have the opportunity to deal with clients who have more money will definitely receive more than public prosecutors or lawyers for nonprofit organizations. Geographical area of operation also has a bearing on lawyer salaries. The average salary for a lawyer is highest in Washington, San Francisco and New York. Incidentally, the most popular cities for lawyers, based on median salary charts, are New York, Los Angeles, San Diego, Houston, Chicago, Washington and San Francisco. This data can be accessed at . Government as employer vs. private practice. Private practice, with profits in mind, often gives salaries that are higher that what the government, as an employer, gives. Stringent requirements for entry into big law forms. Large, firmly established law firms give higher salaries to their lawyers than smaller or medium-sized ones. While entry into a large law firm is not always easy, the salaries they get are worth the effort. The candidate for membership needs to be a graduate of a reputable, prestigious law school and higher than average grades. Still, graduates of law schools of less distinction can still make it into these big law firms, provided they are on top of their class, have articles published in law journals, and have participated in law evaluations and/or debates. Back door entry into a big law firm can be done if a lawyer can present a record of demonstrated success over years of legal practice. Experience in litigation is also a determining factor in the amount of salary to which a lawyer is entitled. A senior partner of a firm gets a higher salary than a junior partner, by virtue of his or her years of practice in the profession.

Because a law degree is a graduate degree, lawyers normally start with fairly high salaries. The average starting salary for a lawyer, based on the Lawyer Starting Salary register, is around $56,000. This average starting salary is just a jumping-off point. It is projected that in 20 years of practice, this amount should more than double.

The National Association for Legal Career Professionals (NALP), however, states that in 2008, the salary for entry level lawyers in public or civil jobs ranged from $40,000 to $47,435. Attorneys wages in private practice for 2007 ranged from $68,000 to $130,000, on the average.

Despite these high figures, there are those who contend that Law is an overrated career that is glamorized by television. It does not take into account such realities as debts accrued while attending law school, time and effort needed by lawyers to establish a client base, and the fact that lawyers put long working hours into honing their skills in their profession.

What Should You Do If You Are Pulled Over on Suspicion of Driving Under the Influence

What Should You Do If You Are Pulled Over on Suspicion of Driving Under the Influence

All too often, I have heard from clients and friends that when they are pulled over on suspicion of driving under the influence (DUI), they are not sure what, if anything, they should do or say.

First, the police officer will likely ask you a series of questions about what you have had to drink, what you have eaten that day, illnesses, sleep - a basic history of issues that may contribute to the alcohol level in your blood stream. Second, the officers will request you perform a series of Field Sobriety Tests (FST's) which may include one or more of the following:

One Leg Stand Walk and Turn Horizontal Gaze Nystagmus Test Recite the Alphabet Count Backwards Finger-to-Nose

These Field Sobriety Tests allegedly can show whether or not a driver is impaired. In recent years, officers will also administer a "Preliminary Alcohol Screening" or a PAS. Again, this device is use to determine whether there is probable cause to believe the driver is under the influence. You have the right to refuse the PAS test (but, do not be confused with the breathalyzer test or blood test explained below where refusal has significant legal impact).

It is very important to note that you have NO obligation to answer any questions or to submit to the field sobriety tests. In effect, these are statements to the officer to which you are under no legal obligation to give and which may incriminate you. However, under California Vehicle Code 23612, by driving in California, you are consenting to take a chemical test to determine whether there is alcohol in your system. While you do not have to answer any questions or submit to the field sobriety tests, including the PAS, if you refuse to submit to the breathalyzer or blood test, you AUTOMATICALLY will have your license suspended for one year.

If you are pulled over by an officer and have been drinking, be cooperative, but do not make their case for them. Politely refuse to answer any questions and refuse to take the field sobriety tests. Politely ask to be taken to the station for administration of a breathalyzer test and call us as soon as you can after your arrest so that we can help you through the court process.

It is also important to remember that you have only ten (10) days from your arrest to contact the Department of Motor Vehicles to request a hearing. The DMV is separate from the criminal courts. If you do not schedule this hearing within this time period, your license will automatically be suspended. Call us to help you with staying all DMV proceedings and representation at your DMV hearing.

This site provides information about the law designed to help you with legal issues. This site contains legal information and is not intended to be legal advice for your specific circumstances. This information is not intended to create, and receipt thereof does not create or constitute an attorney-client relationship. Readers should consult with a lawyer before acting in reliance on any such information.

Certificate of Rehabilitation California Felonies and Expungement Related

Certificate of Rehabilitation - California - Felonies and Expungement Related

Certificate of Rehabilitation A certificate of rehabilitation is an option for some felons to have a California Superior Court issue an order stating that she/he is now rehabilitated. If the court grants the petition the certificate will be forwarded to the Governor's office to recommend a pardon. Pardons are rarely ever granted. The benefits of obtaining a certificate of rehabilitation for the individual who was granted the certificate are that she/he may obtain state issued business or practice licenses (e.g., bar license, insurance broker, or real estate broker, etc) and the certificate precludes impeachment of the individual because of past convictions.

The benefits of obtaining a pardon are restoration of lawful gun ownership, restoration of an ex-felon's right to serve on a jury and prevent deportation of a person convicted of a crime involving moral turpitude, aggravated felonies and multiple convictions. However, a pardon will not erase the record of conviction. In order to obtain a certificate of rehabilitation it is best to hire a qualified criminal defense attorney and preferably a criminal defense attorney who has been recognized by the California State Bar as a criminal law specialist. Requirements: Obtaining a certificate of rehabilitation requires a carefully drafted petition.

Once the petition is prepared it must be filed with the superior court in the county where the petitioner resides. A petitioner is the individual who is seeking to obtain the certificate of rehabilitation. The judge hearing the petition has sole discretion over granting or denying the petition, but he will be advised by prosecutors having an interest in the case. In order to be eligible at least five years must have passed after the petitioner was released from custody, parole, or probation, whichever comes first. Depending on the offense a petitioner may be required to wait for an additional period of two, four, or five years. In most cases you must wait seven years before qualifying for a certificate of rehabilitation and in serious, or sex offense convictions you may have to wait nine or ten years before being able to obtain a certificate of rehabilitation.

Another requirement is that the petitioner must reside in California for a continuous period of three years immediately prior to the filing of the petition. A petitioner wishing to obtain a certificate of rehabilitation must have first resided in California for five, seven, nine or ten years, depending on their offense and he must have resided in California for past three years. For example, if petitioner, John Doe has allowed twenty years to elapse since he was released from custody, parole or probation, but he moved to Arizona five years ago, he must return to California and live in the state for three consecutive years (72 months) before qualifying to file the petition. The petitioner need not reside at the same address or in the same county as long as he resided within California for those three years. Remember that the petition must be filed in the county where the petitioner currently reside, which means that an-out-state individual may not obtain a certificate of rehabilitation before presently residing in California for at least three years. Criminal defense attorneys and Immigration attorneys feel that the three year consecutive residential requirement is particularly unjust to individuals who moved to another state for work or to individuals who were removed or deported to their native countries. The requirement physically prevents these individuals from obtaining a certificate of rehabilitation.

Once the petition has been filed NOTICE must be given to (i) the office of the Governor and to (ii) the district attorney in the county in which the petition was filed and to (iii) all district attorneys in which the petitioner was (a) convicted of a felony or (b) any county where he obtained an expungement for a non-felony crime. Notice must be given at least 30 days before the date set for the hearing. The district attorney where the petition was filed will investigate and they often require additional time to complete a report that will subsequently be submitted to the court as a recommendation to grant, or deny the request. The petitioner should gather as many character reference letters from employers, family and friends in the community to support his/her petition for a certificate of rehabilitation. If you were convicted of a sex offense there are additional requirements to obtain a certificate of rehabilitation and you should consult our law firm (or a qualified criminal defense specialist) to help you with this petition since these types of crimes have particular and complex requirements depending on the type of conviction.

Written By: Christopher F. Morales

Importance of Hiring a DUI Attorney

Importance of Hiring a DUI Attorney

If you are arrested for driving under the influence, it is important to get help immediately. Laws about drunk driving vary in every state, and sometimes the cases are even handled differently within the state depending on the area or city. Consequently, if you are arrested for driving under the influence in San Jose, California, you need to find an experienced DUI attorney in San Jose. It's as simple as that.

If you want to keep your license, you should contact a lawyer as soon as you are arrested. There are usually time limits about contacting the DMV in order to forestall an automatic suspension of your license. While you may not know what these are, your lawyer will. For example, in California, the limit is ten days.

You will also be facing two cases: the DMV case and the court case. The DMV will try to suspend your driving privileges. The court will seek to issue a punishment. For a first offense DUI, the penalties typically include fines, jail time or community service, mandatory enrollment in an alcohol education program, and driver's license restrictions. It's worse for a second or multiple offense conviction and if you are underage. You will definitely need legal counsel to help navigate the charges and to prevent their augmentation.

In turn, you can help your lawyer by locating possible witnesses--other people in the car, other people in the jail, booking officers at the station, or the person who bailed you out--who can testify that your speech was not slurred.

DUI charges can be complicated; you don't want to fight them alone.

DUI and DWI Part 3 Pre Trial Motions, DUI DWI Trials, and How it Works

DUI and DWI Part 3 - Pre-Trial Motions, DUI-DWI Trials, and How it Works

BASIC FRAMEWORK OF A DUI OR DWI CASE: Pre-Trial Motions and Trial

Most DUI or DWI cases never make it to this step because the accused takes a plea bargain, admitting guilt in exchange for a lesser offense.

But if a plea bargain cannot be reached, ultimately the case will go to trial. The trial phase of a criminal case is usually what most people are familiar with from watching movies or TV. In the criminal courts a jury of your peers will evaluate the evidence against you and decide whether or not to convict you of the crime charged based on whether or not they are convinced that you are guilty, "beyond a reasonable doubt."

If your DUI or DWI case does make it to trial, it will probably follow a sequence of seven steps which include pre-trial motions, selecting jury members, opening statements, witness testimony and cross-examination, closing arguments, jury instruction and finally, jury deliberation and verdict.

PRE-TRIAL MOTIONS

These motions are usually arguments made by counsel for one side or the other requesting that the court restrict their opponent from doing something at trial. Pre-Trial motions include requests to exclude certain evidence, to prevent the use of certain witnesses, or to dismiss the case completely. Your attorney could raise arguments that the breathalyzer test you took was flawed, or that the police officer that arrested you searched you illegally or questioned you without advising you of your rights under Miranda. If the police acted inappropriately or unlawfully in anyway, this is the time to use their mistakes against them to exclude government evidence and/or witnesses.

DUI / DWI TRIAL

Jury Selection

On your trial date, a "jury pool" is assembled from various lists of local residents; these lists include voter registrations, DMV records and utility billing lists. The goal in creating the jury pool is to achieve a fair cross section of the local population. Therefore, if 40% of the population is Latino, then approximately 40% of the jury pool should be Latino as well. However, the constitution only requires that the jury pool be representative, not the jury itself. So in the scenario above, it would not matter that only 30% of the actual jury members were Latino, only that they were represented fairly in the wider jury pool.

Once the jury pool is assembled, the potential jurors are called before the judge, the prosecution and the defense attorney, who each question them in order to determine whether or not they are fit for trial. The ultimate goal of this is to make sure that the juror will not be biased towards one side or the other. For example, if the potential juror had lost a child in an accident involving a drunk driver, your attorney would move to dismiss them from the panel, since they would be unfairly biased against you.

Opening Statements

Once the jury is selected, the DUI / DWI trial can begin. Opening statements is the time when the attorneys are first allowed to address the jurors about your case.

Witness Testimony and Cross-Examination

This is the point when both sides bring out witnesses to speak about the incident in front of the judge and jury. If the witness is presented by one side, the other side is usually allowed to "cross-examine" them should they so choose. Cross-examination just means that the attorney for the opposing party is questioning your witness: the defense cross-examines any witness brought forth by the prosecution; the prosecution cross-examines any witness brought forth by the defense.

Closing Arguments

This is where your lawyer and the prosecutor each summarize their arguments and attempt to convince the jury that their side should win the case.

Jury Instructions

Jury instructions are issued by the judge to the jury. They are usually an explanation of any applicable law that the jury will need to know to evaluate the facts and make a decision. In a DUI or DWI case the judge will probably read the relevant state statutes to the jury and explain any terms that are not easily understood by laymen (aka non-lawyers).

Jury Deliberation and Verdict

This is the final part of the DUI / DWI trial. The jury will be excused to a private area where they will discuss your case amongst themselves without input from either side or from the judge. Once they have come to a decision, they, the judge and the parties will return to the court room where they will read their verdict aloud to the court.

For more about Driving Under the Influence and Driving While Intoxicated please visit the or post your question in the Legal Forums.

What is the Difference Between a Felony and a Misdemeanor

What is the Difference Between a Felony and a Misdemeanor

Criminal charges fall into three general categories. The first, infractions, are relatively minor traffic-related charges that involve no threat of jail time. The maximum fine for an infraction is usually around $250.

More serious crimes are classified as either misdemeanors or felonies. The classification of the charge depends on a variety of factors, as does the punishment. If you were arrested on criminal charges in San Francisco, a good criminal law attorney can help advise you of the best possible way to build your defense.

What is a misdemeanor?

Misdemeanors are punishable by up to one year in local county jail, and fines of up to $2,500. Examples of misdemeanors include:

Petty theft Prostitution Public intoxication Simple assault Reckless driving Vandalism Trespassing Drug possession

While a misdemeanor conviction can be seen on your public record, the severity of the offense affects how long it stays on your record. Misdemeanor sentences can also include community service, probation, suspension of your drivers license, and restitution to the victim. Misdemeanors can be wiped from your record after your sentence is served, and you are not required to inform employers about them. This allows more privacy for the defendant.

What is a felony?

are more serious crimes punishable by incarceration in state prison in excess of one year and fines of up to $150,000. Felonies are subject to death penalty sentences as well. Examples of felonies include:

Murder Rape Robbery Arson Perjury Property damage exceeding $500 Grand theft

Aside from imprisonment, being convicted of a felony has long-term consequences such as loss of voting rights, ineligibility for public office or jury duty, and inability to possess firearms. A felony conviction can stay on your record forever. If you are accused of violating criminal laws and face felony charges in the San Francisco area, contacting a criminal law attorney is the best thing you can do to help your case.

What are wobblers?

Several charges are considered wobblers in California-meaning that they could be classified as either a felony or a misdemeanor depending on the circumstances. If you are facing criminal charges for a wobbler, hiring the right criminal law attorney is absolutely essential to providing the best possible outcome for your case. The right attorney can help make sure you are charged with a misdemeanor rather than a felony.

What to do if you have been charged with a misdemeanor or a felony

If you are facing criminal charges, contacting a competent criminal law attorney as soon as possible is the best thing that you can do for your case.

DUI Charges How a Drunk Driving Charge Was Reduced to Reckless Driving

DUI Charges - How a Drunk Driving Charge Was Reduced to Reckless Driving

Although drunk driving is not a topic that people openly discuss among friends, almost everyone knows someone who has been charged with a DUI. Those who are lucky to have not been charged with a DUI, have likely at some point in their lives had one or two drinks too many before getting behind the wheel - thinking that they were alert enough to drive.

DUIs are the Most Common Crime in San Jose, California

The statistics show that a DUI is the most common crime in San Jose and in the greater Santa Clara County. During the 2009 Holiday Season alone, there were 632 DUI arrests during the 17 day period running from December 18, 2009 to Jan 3, 2009.

While DUIs are common and most often victimless, the penalties can be very severe for those who are accused and do not fight the charges. More than ever, there is zero tolerance policy at the San Jose Police Department and the Santa Clara County branch of the California Highway Patrol for driving under the influence. A DUI conviction can mean a loss of ones driver's license, substantial fines, and, in some cases, imprisonment.

For those who find themselves charged with DUI, hiring a private DUI attorney can make the difference between having a lifetime black mark on ones record and a moving on with a clean slate.

San Francisco Man Charged With DUI when Asleep at Side of Road

Consider the experience of one San Francisco resident we'll call Gary. Gary had recently graduated from Stanford University and was spending the summer enjoying his new freedom and preparing for his medical school admissions test. Although he was a regarded as a responsible individual with a promising future, he also had a drinking problem.

Several years ago, at age 22, Gary was on his way home from a party in Palo Alto where he had more than a few too many drinks. He was anxious to get home to San Francisco to see his girlfriend and drove home thinking that he could handle the alcohol as he had many times before. On the way home on the 280, he realized that he was weaving and at one point almost hit a retaining wall. He realized that he made a mistake by driving and did what he thought was the best thing by pulling over to the shoulder of the road to rest it off.

Gary was startled awake when the California Highway Patrol knocked on his window. He was slumped against the driver's side door and the key was in the ignition. The officer asked Gary to step out of the car and Gary complied with a field sobriety test including a nystagmus test - which he failed - and a breathalyzer test which registered a BAC of.09 which is just over the legal limit of.08.

California Misdemeanor DUI Penalties

After spending the night in jail, Gary learned that he was charged with a misdemeanor DUI, which carries a maximum sentence of one year in the county jail, substantial fines and temporary loss of driver's license. For Gary, the most drastic consequence of a DUI conviction would be a criminal record which might impact his ability to get a job and qualify for a medical license. He reluctantly told his parents about the DUI and they agreed that they would help him with legal fees so long as he quit drinking and attended alcohol counseling.

California DUI Defenses

After consulting with a Gary learned that DUI charges can sometimes be reduced to a lesser count of reckless driving or dismissed altogether for a number of reasons, including:

1. Lack of probable cause for the traffic stop.

2. A faulty field sobriety test not recognized by the National Highway Traffic Safety Administration.

3. An inaccurate Breathalyzer reading due to calibration issues with the device. c) Physical issues of the accused such as GERD - Gastro Esophageal Reflux Disease - which causes the readings to be artificially high. (Experts say as many as 23% of Breathalyzer readings are higher than actual Blood Alcohol content.)

4. Problems and inaccuracies with the blood test, for those who received it in lieu of the breath test. The most common issue in the blood test is fermentation in the blood vial.

5. The chance that one's test results got switched with another, better known as Mistaken Identity.

6. Blood alcohol content that was under the legal limit at the time of arrest but higher at the police station, due to factors like having drank on an empty stomach - called Rising Blood Alcohol.

DUI Reduced to Reckless Driving

In Gary's case, the attorney told him that his case was a good candidate for a blood sample retest by an independent lab. Gary agreed to try this strategy. After the test result came back, Gary was happy to learn that the lab showed a slightly lower BAC than the result of the police lab. The lower result was not enough to completely dismiss the case, but did allow his attorney to successfully argue for a reduction from a DUI conviction to a reckless driving charge.

Gary avoided any jail time, save for his initial booking. His attorney from Summit Defense Law Offices was able to retain Gary's driving privilege and later expunged the reckless driving conviction from Gary's record.

Gary said he has been sober since the incident and is today actively involved in an Alcoholics Anonymous group that provides ongoing encouragement for Gary to stay sober. He says that he's grateful that he hired a DUI attorney because he was able to move forward with his life with minimal impact to his future plans.

Retaining An Experienced Criminal Defense Attorney

Retaining An Experienced Criminal Defense Attorney

There are some instances that can result in the need for a knowledgeable and competent criminal defense attorney. These lawyers are experienced in all aspects of criminal defense and resolution of cases and work in the best interest of their clients. When you are searching for an attorney to represent you, it will be helpful to know what you can expect from the lawyer you work with.

It will be important that you exercise your right to speak to a lawyer before you are questioned in any case. Many innocent people have gone to prison because they openly and honestly answered questions during an interrogation, thinking that by telling the truth they would not be implicated.

However, without a criminal defense attorney present to protect your rights, you may find yourself having to defend your statements in court. If you are in a situation where you may be questioned regarding a crime, make sure that you have a lawyer with you during questioning. By involving a lawyer early in your case, you will have the most effective representation and advice from the onset of being charged.

Your attorney will make sure that you do not answer questions that may be interpreted in different ways. They will advise you on questions that you should and should not answer. It will be important to follow the advice of your lawyer and tell them the exact circumstances that have brought you into the case.

Your lawyer will be able to provide you with greater service if they are aware of the details of your issue. Prior to any meetings with the prosecutor, your attorney will investigate your case thoroughly. They will often use the services of various professionals in the case. Detectives and other professionals will follow-up on witness statements, take pictures of the scene, talk to laboratories, and collect all reports regarding the incident.

If you have other legal issues, it will help the lawyer if you tell them about the incidents before they begin working on your case. The lawyer can often help you avoid problems related to a past crime if they know about it.

Working with a lawyer of this stature is an important partnership and often a long-term relationship. Most criminal cases are not like television, where the crime is solved and everything related to it has been completed within an hour (not counting commercials). Therefore, the lawyer will give you important information about the length of time the case may take to be resolved and provide you with options regarding resolution.

When you are looking for the most effective criminal defense attorney, it will be helpful to consult with lawyers who have experience with the type of case you are involved in. These individuals will know the laws and regulations regarding the type of case you are involved in and will be able to give you advice on the steps involved in resolving the case. When they meet with the assistant district attorney and judge, they will represent you and provide you with the options that have been offered by the prosecution.