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Saturday, September 27, 2008

The success Rates Of DUI

How important are the success rates of DUI (driving under the influence) lawyers?

It should be remembered that if your lawyer promises that you will get a positive result in your DUI case, you need to be cautious. No ethical lawyer can claim to know the results of a case, since the outcome is, more often than not, unpredictable.

A famous California lawyer explains the five myths and realities surrounding DUI cases at present and how you can increase your chances of winning.

The first myth says that the majority of people accused of the said crime are guilty. However, it should be remembered that a person is "innocent until proven guilty."

The second myth states that drunk-driving is a minor offense. This is definitely not true. Drunk-driving is a crime that can escalate into a bigger crime, especially when injury or death is the result of an act. It can even send the offender to jail.

The third myth states that any lawyer can defend a person charged with DUI. This is not always the case. There are lawyers that specialize in DUI cases. They can help you better than other lawyers who are just general practitioners of law.

The fourth myth says that DUI cases cannot win. This is not true since a good lawyer can help you win your DUI case, provided there is enough evidence to defend or exonerate you.

The fifth myth indicates that a DUI case is similar to any other case. This is also not true. A DUI case is surrounded by different circumstance and requires different types of evidence. A good DUI lawyer can help you win your case.

can you become a lawyer if you have a DUI?

Law School admissions officials are often asked "can you become a lawyer if you have a DUI?" The fact is, there is a small barrier to law school with a DUI.

The reason the question comes up in regard to law school and not other graduate programs is that law students will presumably apply for admission to the bar of at least one state. And, the board of legal examiners requires a certificate of good moral standing for licensure.

As part of their background check, the state bar association will do a thorough background check. This will include pulling your criminal record, credit record, and more. You'll even have to list every address at which you have lived any time in your life.

The bar will be looking specifically for indications of "moral turpitude." In an attempt to protect the profession, they will exclude anyone who might steel client's money or otherwise reflect badly on the profession.

Because law schools know that you will eventually have to go through this scrutiny, they try to see if you'll be disqualified before they accept you. They don't want to invest their time and your money in an education that you can't use.

The law school will ask you whether you have ever been arrested for any crime. You'll need to list all arrests and convictions, even if they happened when you were a juvenile, and even if they were expunged.

Having said all of that, will a DUI disqualify you from going to law school? Not in and of itself. If your record shows that you are an otherwise upstanding person of moral character, you can still be admitted to law school. However, multiple arrests or a single arrest with great bodily harm may put your application into doubt.

Thursday, September 25, 2008

Driving Under the Influence

if you're convicted of a Driving Under the Influence ("DUI") charge in California, your punishment depends on whether you:
  • Have a prior DUI conviction
  • Had a child under 14 in the care with you
  • Have a blood alcohol testing over .20
  • Refused to take a blood-alcohol test

First-time offenders charged under a misdemeanor law (one not involving injuries) can be sentenced to jail (but not prison) and fined up to $1,000. First-time offenders convicted of a felony (where someone other than yourself was injured or killed) can be sentenced to prison and fined more than $1,000. You may also be required to install an ignition interlock device which prevents your car from starting if the driver has alcohol in his or her system.

Second (occurring within 7 years of the first) offenses are dealt with more harshly, with a minimum of ten days' jail time and fines up to $10,000. In addition, you can lose your driver's license for as long as three years.

Because the potential consequences of being convicted of a DUI are so high, it makes sense to contact a local California criminal defense lawyer who specializes in DUI cases as soon as possible after being charged.

Monday, September 22, 2008

Lawyers Charged

One of the lawyers charged with attempting to extort £4.25m for the safe return of a Da Vinci masterpiece has had his firm closed down and is being investigated by the Solicitors ­Regulation Authority (SRA).

Marshall Ronald, ­formerly of Lancashire firm Marshall Solicitors, recently appeared in court in connection with the 2003 theft of the ­Madonna of the Yarnwinder. He is understood to have entered no plea.

An SRA spokesperson said: “His firm was ­intervened into on the grounds of suspected ­dishonesty and breaches of the solicitor account rules.”

It is alleged that the £30m painting would not be returned unless £2m was deposited in a client account at Marshalls and a further £2.25m into a Swiss bank account.

Ronald appeared in court alongside two lawyers from the Glasgow office of HBJ Gateley Wareing. David Boyce, a property partner, and his former colleague Calum Jones, an insolvency partner, are understood to have pleaded not guilty to attempting to extort money.

Lowyer : The Lehman Job

On Monday, the first day of the administration, eight partners were known to have been assigned the Lehman job. They included corporate partner Matthew Middleditch, restructuring partners Richard Holden and Tony Bugg and finance partners David Ereira.

In addition to the 20-partner team, 60 associates are already working on the Lehman administration. Linklaters insiders are predicting that due to the complexity of the insolvency, the lawyer tally is likely to approach 200 within months.

In a statement today, Lehman joint administrator and PwC partner Tony Lomas said: "There is unprecedented uncertainty and complexity in the market; nobody designed their systems or transaction structures to cope with the current situation."

PwC and Linklaters are also negotiating with potential purchasers for Lehman's asset management and corporate finance businesses, which are likely to be sold in the next week.

Other partner involved on the deal are:

- Richard Bussell, Rebecca Jarvis, Yushan Ng (banking)
- Michael Kent, peter Bevan (financial markets)
- Simon Firth, Pauline Ashall (capital markets)
- John Turnbull, Euan Clarke (litigation)
- James Knox (real estate)
- Raymond Jeffers, Catrina Smith (employment)