Types of Bail Bonds

If you have gotten arrested and need to get a bond to get you or a family member out of jail, you need to know what kinds of bonds are available and the details of each one.
The first type of bond is a personal recognizance bond or a PR bond. This type of bond can be very good for first time offenders with no prior record of any kind. This is basically a personal agreement that you will still show up on the court date you were assigned. A judge will often accept this type of bond for a first time offender who doesn't seem to be a flight risk. You are required to sign a piece of paper that agrees to everything they tell you about your court date and not leaving town. This contract often includes a few other items that the court will discuss with you before you have to sign. After you sign, you are free to go.
For those who have no prior offenses, I would suggest going toward this type of bond because then you would not have to pay a large sum to the court.
The next type of bond is a cash bond. This type of bond is pretty straight forward but is not always for everyone. A cash bond is just paying the bail amount in full in cash. Usually there are not many people that can afford to pay for their bail with cash so this bond isn't used by all people. Some of the different courthouses will offer an option for paying by credit card or even by check, depending on what courthouse it is.
This bond can be very helpful for those that have enough money to take care of the bail amount.
The last type of bond is a Surety or Bail Bond. This type of bond can be a little complicated. If you cannot afford a cash bond, then you have to go to a bail bondsman. A bail Bondsman is a person who will loan you the money for your hearing for a certain amount of money. Your outside source will have to go find a bail bondsman and then sign the paperwork. The bail bondsman will also have to bring the paperwork to you so you can sign it as well. This signature is basically saying that on the date you were assigned by the court, you will come back and appear at your assigned time. This is also a kind of guarantee that you won't leave town or fail to appear at your court date.
For those who are considered a flight risk, this is probably going to be the option you have to turn to.

If you or someone you know is in need of help in their criminal case, contact the Austin DWI Lawyers of Morales and Navarrete at http://www.dwi-lawyers-austin.com
Joseph Devine

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Challenging the Breath Test in Court

A breathalyzer or breath test result showing a blood alcohol concentration (BAC) over the legal limit can be one of the most damaging pieces of evidence in the context of a driving while intoxicated (DWI) or driving under the influence (DUI) trial. Though damaging, however, breathalyzer evidence is not ironclad. A variety of factors may cause false or inaccurate readings, allowing DWI defense lawyers to challenge their reliability in court.
Common ways to dispute breathalyzer test results include:
Calibration Error
Like any machine, breathalyzers degrade and become less sensitive over time. Proper calibration is needed to ensure that results are accurate. Evidence that a machine was not properly adjusted and/or maintained may discredit its results.
Operator Qualifications
In most states, strict laws are in place to regulate the operation and maintenance of breath test machines. Because these devices are very sensitive, operators must be properly trained to adapt to different environmental, biological, and physical circumstances. A test administered by an untrained police officer may produce inaccurate or unreliable readings.
Absorption Defense
The absorption of alcohol into the bloodstream takes time. By some estimates, it may take up to two hours for consumed alcohol to reach equilibrium distribution throughout the body. Breathalyzer tests administered during this period can produce inaccurate results, since alcohol content is inconsistent in different areas of the body. Furthermore, if alcohol has not yet been absorbed into the bloodstream, it does not contribute to a person's level of intoxication.
Biological Variables
Breath test results are based on a standard mathematical formula which relates the amount of alcohol on a person's breath with the amount of alcohol present in their bloodstream. This formula, however, only applies when all biological variables conform to its standards. The ratio of breath alcohol to blood alcohol varies between individuals and over time; variations in body temperature can also affect results.
Summary
All in all, there are many ways in which breathalyzer tests can produce inaccurate or misleading results, leading to situations where defendants can and should challenge this evidence in court. To learn more about how breath tests are administered and how they respond to outside interference, visit the website of Austin DWI lawyers Morales & Navarrete at http://www.dwi-lawyers-austin.com.

Joseph Devine Article Source: http://EzineArticles.com/?expert=Joseph_Devine

Pick High Paying Keywords in Your Niche and Double Your AdSense Income

I shared this list of Latest Highest Paying Keywords for 2009 earlier and a lot of bloggers and webmasters said that all the keywords mentioned in this list does not belong to their niche (target market), so it is pointless to use this list. I completely agree with you all, that such highest paying keywords are related with some financial / legal / medical niche and you can not utilize this list to your blog or website provided you share the same niche.
In this post, I am going to disclose you how you can choose highest paying keywords which are related with your blog or website. Let me first explain you the importance of selecting highest paying keywords and the amount of difference it can make to your Google AdSense earning.
For example, if you are going to write an article on say "Affiliate Marketing" and you really don't know about the highest paying keywords and you write complete article without incorporating any keywords with high value. In this case Google AdSense web crawler will crawl your page and display ads next to your content but a relatively lower Cost Per Click (CPC) say $3.78.
On the other hand if you do a prior research on highest paying keywords and incorporate the highest paying keywords in your article, for example "Affiliate Marketing Online Program" is a high paying keyword, then Google AdSense will display ads next to your content but this time with comparatively higher Cost Per Click i.e $6.78. You can notice the difference in Cost Per Click (CPC) of $3 straight away which means your income will be doubled as compared to before. In some cases this difference can be huge, so the bottom line is if you do a little research beforehand it will definitely increase your online income big time. It's never too late to do research on High Paying Keywords and it really pays to increase Google AdSense earnings exponentially.
Now the question arises: How to select Highest Paying Keywords specifically for your website's niche?
Well! you don't have to go outside the Google to find out the solution. Google itself provides you a very powerful tool to select highest paying keywords for your niche and you need to follow a very simple trick to learn how to earn more from that keyword tool.
Google Adwords Keyword Tool provides you the solution of selecting the highest paying keywords for your niche blog or website.
It provides to two options to choose from: -
Option 1. Descriptive words or phrases (e.g. green tea)
In this option you can simply write few keywords on which you want to perform the keyword research.
Option 2. Website content (e.g. [http://www.example.com/product?id=74893])
In this option you can provide the link of your website on which you want to perform the keyword research. (See the picture1 at the bottom of this post)
Once you have entered the keywords or URL, you can simply click on "Get Keywords Ideas" button to proceed.
As soon as you hit that button it will show a comprehensive list of keywords along with other information like "Advertiser Competition", "Local Search Volume" and "Global Monthly Search Volume" which you can use for your research.
On the right side just below the two options there is another option which says "Choose columns to display". Select "Show Estimated CPC" as soon as you select that option now keywords will be displayed along with average CPC. (See the picture2 at the bottom of this post)
Now click on "Estimated Avg CPC" text to sort it in ascending or descending order.
There you go! You can see the highest paying keywords in your niche. Now you can incorporate these keywords to attract highest paying ads to your blog or website. Like if you want to earn high then let your blog be an all round blog some time you go out of line and may pick a topic from one of the list below
research on the topic and write on it may be on student consolidated loan. The web crawler crawls and brings you add worth almost 40 busks then you are on.
Do share your experience of using this trick! Good luck!
I have compiled this list of Highest Paying Keywords for AdSense from various sources.
S/No. Keywords CPC ($)
1. Purchase Structured Settlements 53.48
2. Mesothelioma Lawyers San Diego 51.47
3. Secured Loan Calculator 51.35
4. Structured Settlement Investments 50.45
5. Endowment Selling 50.35
6. Mesothelioma Patients 50.23
7. Mesothelioma attorney san diego 50.07
8. Austin Texas dwi lawyers 50.03
9. New York Mesothelioma Lawyers 50.01
10. Phoenix dui lawyers 50.01
11. Secured Loans 50.01
12. Insurance Auto 50.00
13. Phoenix dui attorney 50.00
14. car free insurance online quote 50.00
15. students debt consolidation loans 49.96
16. Pennsylvania mesothelioma lawyers 49.87
17. data recovery Denver 49.71
18. adverse credit remortgages 49.56
19. bad credit remortgages 49.47
20. data recovery service los angeles 49.37
21. Consolidating Students Loan 49.30
22. Students Loan Consolidation Rates 49.17
23. Boston dui lawyers 49.02
24. memphis car insurance 48.86
25. conference calling companies 48.64
26. dui attornes los angeles 48.60
27. georgia car accident lawyers 48.36
28. san diego dui defense 48.32
29. Phoenix arizona dui lawyers 48.28
30. Los angeles dwi attorneys 48.20
31. Student Consolidation Loans 48.15
32. free quote for car insurance 48.11
33. irs tax lawyers 48.08

Get the full list on my blog http://www.musanahim.wordpress.com
Ezeh Emmanuel is the founder CEO of vintage group and also he is a free lancer who speaks on major issues he is from nigeria to contact him visit http://www.musanahim.wordpress.com

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Misconceptions in Drunk Driving Accidents By Joseph Devine

Since the failure of Prohibition decades ago, alcohol has become an important, inextricable part of our society. Whether having a casual drink with friends, going out to a nice dinner with a significant other, or yes, bar-hopping on a Friday night, countless Americans consume alcoholic beverages every year. Unfortunately, as many of us know, there is a darker side to alcohol consumption. Drunk driving accidents, for example, claim thousands of lives every year.
The reaction to such incidents has been varied, with opinion split between "pro-alcohol" advocates and "pro-temperance" advocacy groups like Mothers Against Drunk Driving (MADD). However, somewhere in the midst of media posturing, political wrangling, and impassioned speech-making on both sides, many facts about alcohol and drunk driving have been pushed aside and replaced with more dramatic statistics used to prove opposing points of view.
For example, people are often confused about the differences or similarities between the legal limit of blood alcohol and the actual state of intoxication. In the United States, the legal limit of Blood Alcohol Concentration (BAC) is .08 percent. Driving with a BAC over this limit is illegal and can lead to arrest and conviction for DWI. This legal limit should not be confused with a practical limit of intoxication. The figure .08 means different things for different people. Many heavy drinkers, for example, show little or no signs of clinical intoxication at a BAC of .08.
Sometimes, misguided, though well-intentioned beliefs lead to policies which do more harm than good. For example, in some jurisdictions, known as "dry" counties, a system similar to Prohibition reigns, in the hope that outlawing alcohol will prevent drunk driving fatalities. On a shallow, surface level, such a system is plausible, though possibly unattractive to residents and local businesses. Unfortunately, the numbers do not bear out such an assumption; studies have consistently shown that states with a high number of "dry" counties have more drunk driving-related accidents than those with less "dry" counties. The reason? Imposing an artificial "dry" county ban on alcohol only serves to make people drive farther and more frequently to consume alcohol, leading to more accidents in practice - an important example of the difference between theory and application.

For the facts about alcohol and drunk driving, visit the website of Austin DWI attorneys Morales & Navarrete at http://www.dwi-lawyers-austin.com
Joseph Devine

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Biological Causes of Breathalyzer Error

Police officers and prosecuting attorneys would like for everyone to believe in the infallibility and reliability of breathalyzer machines. If breath test machines were truly 100% accurate, convicting or exonerating suspected DWI offenders would be fairly easy; simply compare an individual's readings to the accepted legal limit.
But despite the claims of prosecutors and policemen, the same science used to design the breathalyzer also shows that any number of biological factors can cause erroneous readings. If you are arrested for DWI, an adverse breath test result is not the end of the line.
The "Partition Ratio"
The "partition ratio" is a comparison of the alcohol in blood and the corresponding amount of alcohol carried on the breath. Most breathalyzers operate using a 2100 to 1 partition ratio; i.e., the assumption that there is 2100 times as much alcohol in one milliliter (ml) of a person's blood as there is in one ml of the same person's breath.
However, studies show that, while the majority of the population may have partition ratios close to the 2100 to 1 ratio assumed by breathalyzers, this ratio is not constant, and fluctuates even within the same individual over time. Furthermore, documented partition ratios in normal human beings range from 1300:1 to 3100:1, meaning that there could be significant disparities between an individual's results and his/her actual blood alcohol content.
Hematocrit and Breathalyzer Error
A person's hematocrit (HCT) is a measurement of how much of his/her blood volume is composed of red blood cells. Because red blood cells are the oxygen-carrying cells in the blood, they affect the rate at which blood alcohol leaks into the air through alveoli in the lungs.
Though some breath test machines are calibrated for an average 46% hematocrit, such a number is not representative of the natural variations found across the population. In fact, the spread of possible hematocrit percentages is usually considered to be as large as 10%. A person with a hematocrit at the lower end of this range would receive falsely elevated test results.
The Result?
Some studies have shown that, in calculating an individual's true blood alcohol concentration (BAC), breathalyzers can be 'off the mark' by as much as 15%. Furthermore, nearly 1 in 4 people receive breath test results higher than their actual BAC - hardly meeting the standard of "beyond a reasonable doubt."
For more information, visit the website of Austin DWI attorneys Morales & Navarrete at http://www.dwi-lawyers-austin.com.

Joseph Devine Article Source: http://EzineArticles.com/?expert=Joseph_Devine

Seditious Conspiracy

With over two centuries of nationhood, the United States of America has fought for certain rights and freedoms that seem like such a part of daily life to modern citizens, living without them would be incomprehensible. Among these, and considered by many to be the most important, free speech has been cited as one of the hallmarks of American culture. Despite how useful free speech is to discuss unpopular solutions to particular problems, it can also shield discussion that seems destructive. However, the government has charges such as seditious conspiracy, which provide a criminal code for those who abuse their free speech rights to the point of possibly threatening the state.
Seditious conspiracy is a criminal charge that affects a group of individuals who take free speech too far for authorities to feel safe. While the first amendment usually protects people who have differing ideas from rest of the population, the law does not extend these rights to those who make threats. As the Supreme Court has verified, free speech extends to protests, the exchange of ideas, and points in debate, for some examples, but does not include direct threats to a person's safety.
The same rules apply for the federal government, which employs millions of people. With all of these people under the scrutiny of what government is defined as, potential dangers against the government as a physical body are taken extremely seriously. Although sedition charges have been used to attack those who threaten the idea of the government in the past, which is a policy that has mostly been abandoned, such charges are now usually reserved for physical threats.
To learn more about the criminal penalties for being convicted of seditious conspiracy, contact a criminal lawyer.

If you or someone you know is facing criminal charges, the consequences could be serious. Contact Austin criminal lawyer Ian Inglis today for the assistance you need.

Article Source: http://EzineArticles.com/?expert=James_Witherspoon

Drunk Driving Statistics - Fact Or Fiction?

Every 30 minutes, another person is killed by a drunk driver - so says one set of dramatic statistics often cited by anti-alcohol activist groups like Mothers Against Drunk Driving (MADD). No doubt such a statistic should and does make an impact on anyone who hears it. Drunk driving is not a laughing matter, and it is most definitely a serious issue - however, the situation may not be nearly as grim as some make it out to be.
There's a saying that 90% of all statistics can be made to say anything, 50% of the time. While this statement is obviously an exaggeration, it contains a grain of truth - statistics are not nearly as scientifically sound as many people would like to believe. In many cases, statistics become skewed (whether intentionally or unintentionally) and communicate a message inconsistent with the reality they are meant to depict. Could something like this happen in DWI-related research?
Alcohol-Related Incidents
If you believe the popular media, about 50% of all traffic fatalities are caused by the actions of people driving drunk. If you choose to find the truth yourself, you'll probably come up with a percentage closer to 10%, according to the National Motorists Association - a significant drop, to say the least.
Why is the popularized figure so far off? One cause is an unfortunate confusion involving the term "alcohol-related incident." In most cases, any traffic fatality in which someone involved has a measurable amount of alcohol in their system qualifies as an "alcohol-related incident."
This applies even if the person with alcohol in their system was not physically or mentally impaired by alcohol in anyway, if he or she was not the cause of the accident, or even if he or she was an innocent pedestrian who was not behind the wheel at all. That is to say, if a sober driver is driving recklessly and kills a non-impaired pedestrian with a blood alcohol concentration (BAC) of .01 (the legal limit is .08, for comparison), the incident will be classified as alcohol-related and spread over the media by special interest groups and politicians.
Politicization of the Issue
Unfortunately, efforts to actually deter drunk driving have been hindered by the sensationalist approach of the popular media, the single-minded crusade of biased interest groups, and the general politicization of the topic. Because dire DWI statistics make good news, promote interest groups' narrow-minded agendas, and make for dramatic political speeches, they are often preferred in place of the truth.
Although the original goal of organizations like MADD (that is, the goal of preventing drunk driving) is a noble one, this goal has been perverted, becoming more about highly visible and politically attractive actions (sobriety roadblocks and checkpoints, for example) than about solutions which have been scientifically proven to work.
For more information about the truth behind DWI, visit the website of Austin DWI lawyers Morales & Navarrete at http://www.dwi-lawyers-austin.com.

Joseph Devine Article Source: http://EzineArticles.com/?expert=Joseph_Devine

Cops and Lying

It is fascinating to me that a cop would ever consider lying about a case. Granted, there is not a lot of information in this posting that let's us know what the lie was, but as a former prosecutor for the Travis County Attorney's Office, I understand that it must have been quite a substantive lie or misrepresentation for the DA's office to VOLUNTARILY OFFER to vacate the conviction. Normally, a criminal defense attorney would be the one moving to have a conviction vacated, NOT the DA!
KXAN reported that an Austin police officer is under investigation for allegedly lying about a case that led to the criminal conviction of an Austin man.
Ernest Smith was convicted in September on drug charges, but the district attorneys office learned something was wrong, and it had to do with one Austin cop. It's unclear exactly what this officer may have lied about, but it was big enough for the district attorney to do something it rarely does.
The district attorneys office initiated a conversation with Smith's defense attorney and offered to vacate a judgment on his conviction based on new information. Essentially, Smith's conviction from September is going to be withdrawn. APD and the DA are not sharing too much information with KXAN either but we do know this... Sources say that officer lied about something in the drug case, so District Judge Bob Perkins dropped the case entirely some three months after Smith was convicted.
But friends of his say it's too late. That's because Smith is still in jail on unrelated drug charges. It's also unclear how this might affect the other cases this accused officer is involved with.
It is fascinating to me that a cop would ever consider lying about a case. Granted, there is not a lot of information in this posting that lets us know what the lie was, but as a former prosecutor for the Travis County Attorney's Office, I understand that it must have been quite a substantive lie or misrepresentation for the DAs office to VOLUNTARILY OFFER to vacate the conviction. Normally, a criminal defense attorney would be the one moving to have a conviction vacated, NOT the DA!
Now, why is it fascinating to me that a cop would lie in a case? Simply put, we have nothing to gain by lying. If a case is not strong enough to warrant a conviction, then the person should not be convicted. It does not reflect negatively on the officer that one of his "collars" or persons arrested is not convicted, unless of course said officer is on an "ego trip" and takes the lack of conviction personally. Consider the following scenario (written in an imaginary police report):
1) Officer responds to a disturbance at an apartment complex, where it is reported a Suspect is selling drugs.
2) Officer meets with the Suspect first and justifiably conducts a "pat-down" or "frisk" of his outer clothing to ensure there are no weapons present that could endanger the officer.
3) Officer feels a lump in the Suspects pocket and based off the officer's "training and experience" realizes that the substance is an illegal narcotic. Now, we have invoked the "plain-touch" rule... a close cousin to the "plain-sight" rule...
4) Officer reaches into the pocket and pulls the contraband out and arrests the Suspect for possession of the narcotic...
5) Valid arrest?
Setting aside any political or personal agendas, the above scenario is almost a textbook setting for what happens to officers on an almost daily basis. Agreed? I will guarantee that somewhere in this great State of Texas that there is at least one person arrested under facts like these every day! Now, fast forward to trial...
The Officer testifies to the above facts but during the direct examination of the prosecutor, the officer embellishes a little bit on the story. In fact, the Officer says, "Ya, the Suspect resisted me when I tried to handcuff him. In fact, he pushed me in the chest, and because of where his hand hit my sternum, it caused pain."
At this point, the officer has testified to elements that would warrant filing assault on a peace officer on the Suspect. But, it is critical to determine whether the facts of the resisting were in the report? What about the pain? The injury? If not, trust me, it did not happen. That is the most basic of training that police officers receive in an academy... write in detail and be thorough. Do not omit facts.
So what, you may be asking, what does this do to the officer? Won't the Suspect still be convicted for the drug possession, even if the the resisting charge is dropped or never filed? Yes, probably... but I challenge you to consider this, "Should Suspect be convicted or should he receive a stiffer punishment based off the facts now presented?"
Now I could go on for pages debating the last question, but I won't... I want you to think about it.
To summarize, what happened here is the officer may have merely made a mistake by omitting the facts from the report, and if that is what happened, that is what he should have explained. Or, he could have truthfully stated that he did not remember the details and left the case alone ... but above all things, the officer should not lie about the facts of the case or enhance them with more detail ....
After all, what does the officer bring to the witness stand: Credibility? Integrity? A willingness to "protect and serve"? Or, is it more of a desire to "win at all costs"?
I challenge anyone reading this, especially cops, to consider what it is that they stand for and why they do the job that they do... as an officer, I assure you, I care more about my credibility and integrity than I do a desire to "win" a case. In the end, it does not matter to me if the person I arrested is convicted. For me, what counts is that I did my job and that I did not violate anyone elses rights. And as for the person that I took to jail in a given shift, that person is not sub-human... they just made a mistake ... or they just got caught... but to lie or even stretch the truth a little bit... that brings an entire system of justice crashing down on itself...and brings the officer's credibility down, jeopardizing every case he has ever touched!!!
In the end, I am a Texas attorney. I am also a Texas cop. And, I do believe that the system works, when all the parties to the system fulfill their respective roles. But, I also am excited when I see that someone, taking advantage of his position or authority, loses credibility and is dismissed or disciplined. Yes, I am a defense attorney. Yes, I am a cop. But first and foremost, I am an honest person who believes in doing what is right and just under the law, and I challenge others to do the same....

Dax Garvin, Attorney and Counselor At law is an experienced Austin Texas DWI Attorney, Austin criminal attorney, and a compassionate Austin will probate lawyer.
I graduated from Texas Tech University School of Law in May, 2002, and was licensed to practice law in Texas that November, following the July, 2002, Texas Bar Exam. Prior to that, I obtained my Bachelor of Science in Criminal Justice from the University of Texas at Tyler and my first years of undergraduate work were spent at Austin College in Sherman, Texas, where I learned the true passion of humanity-recognizing we are all part of one great society.
I worked in the Travis County Attorney's Office from August, 2002, until October, 2003, when I entered into private practice with a mid-size Austin civil litigation firm, where I enhanced my skills for legal research, writing, motion practice, and working with insurance companies from the defense perspective.
But, I always felt that my skill best resided within the criminal justice system. So, I took it upon myself to obtain a perspective that most criminal defense attorneys lack-the law enforcement officer's point of view.
I was hired by the Williamson County Sheriff's Office in October, 2005, and donned a uniform to patrol the County's roadways as a certified Texas peace officer. Vested with the powers of the State to investigate crimes and arrest violators, I worked both day and night shifts, for over 2.5 years, and during those months, I obtained a knowledge and awareness that enables me to better serve you.

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Marijuana Penalties In Texas

The state of Texas has specific marijuana laws that help to stop the drug abuse that seems to be ongoing in the US. Most of the punishments for possession or selling marijuana depends on the amount of the drug that is being held or sold.
If you are caught in possession of 2 ounces or less of marijuana, it is considered a Class B Misdemeanor which is up to 180 days in jail and a $2,000 fine. Between 2 ounces and 4 ounces it then becomes a Class A Misdemeanor which is up to 1 year in jail. The person will also be required to pay up to $4,000 fine depending on what the judge decides. From 4 ounces up to 1 pound and from 1 pound up to 5 pounds of marijuana is what is called a state jail felony. This requires between 180 days and 2 years in a state facility with up to $10,000 fine issued by the judge.
If the person is caught with between 5 and 50 pounds then it is considered a third degree felony. This is punishable with 2 to 10 years in jail with up to a $10,000 fine which is also issued by the presiding judge. From 50 to 2,000 pounds is considered a second degree felony which is punishable between 2 to 20 years with up to $10,000 fine. Anything over 2,000 pounds is a full felony punishable between 5 to 99 years in jail with up to $50,000 fine decided upon by the judge.
The sale of marijuana works a bit differently. Any sale to a minor is an automatic felony up to 20 years of incarceration and up to a$10,000 fine decided on by a judge. Any gift of ¼ of an ounce or less is a Class B Misdemeanor with is punishable with up to 180 days in jail with up to $2,000 fine. Any sale of ¼ of an ounce or less becomes a Class A Misdemeanor which is can be punishable with up to 1 year in jail with an increased fine of $4,000. Up to 5 pounds of marijuana becomes a state jail felony. This is punishable with between 180 days and 2 years in jail and an increased fine of $10,000 fine.
Between 5 and 50 pounds becomes classified as a third degree felony with between 2 and 10 years of incarceration and the same amount of a fine. Anywhere between 50 and 2,000 pounds is classified as a second degree felony. The penalty will be anywhere from 2 to 20 years in jail with the same $10,000 fine. Any sale of 2,000 pounds or more is a felony with a minimum of 10 years and up to 99 years in jail. The fine then is raised to a maximum of $100,000.
If any of the above events happen within 1,000 feet from a school, all of the penalties will be increased drastically because of the proximity to children.

If you or someone you know needs help with their criminal case, contact Morales and Navarrete, the Austin Criminal Lawyers, at 866-812-4596.
Joseph Devine

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The Crime of Conspiracy

A conspiracy is an agreement between two or more individuals to break the law at some point in the not so distant future. In some jurisdictions, it is required that the parties who have formed the agreement have done some overt act in furtherance of their agreement. While many conspiracies are small, there is no limit on the number of individuals who can be charged with participating in the conspiracy.
The United States has adopted a rule on conspiracy that is somewhat broad. Here, a conspiracy is an agreement of two or more people to commit a crime or to accomplish a legal end through illegal actions. As an example of committing a crime to accomplish a legal end, agreeing to hold up a liquor store in an effort to take funds to give to a charity does not make holding up a liquor store legal, despite the fact that giving money to charity is not only legal but encouraged.
There is a misconception that in order for a conspiracy to be a conspiracy, it must have been planned in secret. While many of this type of crime are planned in secret, out of necessity, there are many conspiracies formed not in secret. Depending on the conspiracy, the level of secrecy required varies. Obviously, individuals planning a major event will use more secrecy than those that have conspired to turn stop signs upside down.
As for intent, the rules of conspiracy do not require that the prosecution show any specific intent by the named defendants to injure any specific person to establish that there was an illegal agreement in place. Instead of specific intent, the law usually only requires that the conspirators agree to engage in a certain illegal act. The intent for this crime is generally referred to as a "general intent" to violate the law.
Prosecutors in general like charging individuals and groups with conspiracy. They like it because, unlike accomplice liability, they don't have to prove the particular role of a specific conspirator. The person is guilty of the conspiracy because he or she entered into an agreement to commit some illegal act. For example, if two people decide to enter into an agreement to kill a third person, and this agreement can be proven, and the third person is actually killed, as a result of either conspirator, the prosecutor doesn't have to prove with specificity which of the conspirators pulled the trigger when the crime was committed. If the prosecutor had to prove who actually pulled the trigger, and both conspirators had handled the gun and left fingerprints, then both conspirators could demand an acquittal since the prosecutor would be unable to prove, beyond a reasonable doubt, which conspirator pulled the trigger and which one merely checked the clip.
To be convicted of a conspiracy, a prosecutor must prove that a) the conspirators actually conspired to commit a crime and that b) the crime was committed by an individual involved in the conspiracy.

Austin criminal defense attorney Ian Inglis is dedicated to giving each of his clients an opportunity to show that they are indeed innocent of whatever charges levied against them.
Joseph Devine

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Myths About Alcohol And Drinking

There are quite a few myths that have been associated with alcohol and drinking. Below are just a few of the myths that have been acquainted with alcohol and the real truth to each of them.
1. The way to sober up faster is black coffee and a cold shower!
Although this may make you feel more awake, the only real way to sober up is to give yourself some time. A cold shower makes you feel like you aren't drunk anymore, but this is a myth. There is no secret cure to being able to sober up faster. The only thing you can do is give your liver time to digest all of the alcohol in your system.
2. Alcohol raises the body temperature when you first start drinking!
Although it may seem like you feel warmer when you are drinking, your core body temperature is actually dropping in the temperature. When you drink, your body pushes all of the blood to the service of your skin which is why you feel so much warmer when you are drinking. Because all of the blood is being pushed to the service, its being pushed away from the core body so your temperature inevitably drops.
3. Some people drive better after drinking a little bit.
This is completely not true. Although you might seem more confident after drinking this does not, by any means, mean that you are a better driver. Alcohol will often take away your inhibitions so that you feel as though you are on top of the world. Even if you have had a little bit or a lot you will not be ok to drive. It might look as though you are a better driver, but you are actually being hindered by the alcohol that is in your system.
4. If you eat a meal before you drink, it will stop you from getting so drunk
This again is a big myth. Food doesn't keep you from getting so drunk, it just slows things down. When you start drinking alcohol, it goes straight to your stomach. If you drink on a full stomach, then the food absorbs the alcohol and it takes quite a while longer for the alcohol to be absorbed into the blood stream.
These are just some of the many myths that have circulated out there about alcohol and drinking. You just need to know exactly what you are getting into when you start drinking.
If you or someone you know is involved in a DWI case, contact the Austin DWI Lawyers of Morales and Navarrete at 866-812-4596.

Joseph Devine Article Source: http://EzineArticles.com/?expert=Joseph_Devine

DWI Vs DUI

There are two different types of drunk driving cases: DWI and DUI. Each of these has different details that make them different from each other. If you have been arrested for one of these, it would be in your best interest to know the difference between them and what the consequences are.
DUI, or Driving Under the Influence, can either be a civil case or a criminal case. A civil case of DUI means that the person that was arrested was under the age of 21. This also means that the person submitted to taking either a blood test or a breathalyzer test and was officially under the legal limit. The legal limit in the state of Texas is a BAC, or Blood Alcohol Concentration, of .08%. A criminal case of DUI means that the person was over the age of 21 and also agreed to take some kind of sobriety test and tested below the legal limit. Usually a criminal case DUI is considered a Class C misdemeanor. This means that for a first time offender there will be a fine of up to $5000 with no jail time. The judge will most likely assign you to do some type of community service along with an alcohol awareness class. If you are a repeating offender, the judge or court might consider sentencing you to a higher fine and maybe jail time because they would think that you haven't learned your lesson.
A DWI, or Driving While Intoxicated, case can be a little bit different. There are both civil cases as well as criminal cases, but they both mean different things. A civil DWI case means that the person was under the age of 21 and submitted to a sobriety test. The person must have tested above the legal limit of .08%. This can also be for those over the age of 21 that refuse to take a sobriety test. The punishment for this is usually a suspended license for up to 1 year, a fine up to $5000, and some amount of jail time depending on how many prior offenses the person has had.
A criminal DWI case gets to be a little bit more complicated than all the others. In most criminal cases, the person submits to a sobriety tests and has a BAC over the legal limit. This is usually considered a class B misdemeanor. The sentence for this misdemeanor is usually a fine with a minimum of $2000 and not less than 3 days in jail. The court will also probably require some kind of alcohol awareness training for this misdemeanor as well.

For more information, contact the Austin DWI Lawyers of Morales and Navarrete at 866-812-4596.
Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine

Crack Cocaine Sentencing Disparagement

As the drug trade grows in the United States, the criminal justice system must adapt to changing landscapes and environments. From devising laws to address certain legal permits for the possession and use of marijuana to cracking down on amphetamine use among late-night workers, the law has attempted to keep up with the continuing demands that illegal drugs put on the judicial system. In particular, an argument has persisted since the late 1980s to change sentencing guidelines that create a disparagement between crack cocaine possession and powder cocaine possession. Crack cocaine, or more simply known as crack, first appeared in inner-city communities in the mid 1980s, eventually leading to the government to draft legislation to respond to growing drug crises around the country. In 1987, the government created specific sentencing guidelines for crack abusers. According to these sentencing guidelines, 5 grams of crack cocaine carries the same 5-year minimum sentence as 500 grams of regular cocaine. Considering the location of the crack epidemic, which came to popularity in primarily African-American, low-income neighborhoods, many have argued that the government has provided the judiciary with racist standards. On the other hand, powder cocaine was considered similarly problematic among suburban, predominately Caucasian, neighborhoods. The difference between the sentences was seen as a serious blow against city-dwelling minorities, who seemed to be targeted more heavily by these drug laws. Among drug agencies and laws, there is not necessarily an agreement over this double standard for drugs. Crack cocaine, according to the Drug Enforcement Administration, is no different from regular cocaine. In some instances, the lack of difference made between these drugs by enforcement officers can be cited as a reason to have congruent punishments. Knowing how the law treats drug abuse is an important part of combating future abuses. Contact a criminal defense lawyer to learn about how drug abuse charges and sentences are fought. If you have been charged with drug possession, the consequences could be particularly dire. Contact the Austin criminal attorneys at the Inglis Law Office today to learn more about your rights and defense options. Article Source: http://EzineArticles.com/?expert=David_S_Caldwell

Weapon Laws In Texas By Joseph Devine

The police in Texas have very specific gun laws when it comes to state residents. There are a few major rules that are enforced in Texas. Although these rules are not written down word for word, the way that they are enforced by the police is what helps to determine how they will be enforced.The first major law in Texas is that you are not allowed to carry a firearm on your body without a permit. The state of Texas has a long program that you can go through to get your license to fire and care a handgun. With this program you must 21 years of age or older to take this course and buy your own handgun.
The second major law is that you are not allowed to carry a concealed weapon. This means that you are not allowed to carry a weapon that is hidden in any way. This law seems a bit vague, but it includes carrying any hidden weapon in your car, on your body, or in any other area when you are out in public. There are always exceptions to this rule. For instance, if you leave on a trip of any extended amount of time from your home, then you are allowed to carry your handgun with you on the trip that you take. The trip must be more than just a days trip. Texas law defines a trip as an extended amount of days away from your domicile. Some officers will question the technicality of this, but usually they will just try to find a reason to bring you into the jail house.
There are also a variety of other laws that the police will enforce in Texas. One of them is that the police will not allow you to own a sawed off shot gun of any kind. Another one of them is that you are not allowed to make any modifications of any kind to a handgun whether you own it or not. You are also not allowed to carry brass knuckles, sling blades of any type, or all types of explosives. If you are a convicted felon you are not allowed to own a weapon of any kind. This is considered a violation of probation. These are just a few of the many rules that must be abided by in Texas in order for you to own and be licensed for a weapon.
For more information on your criminal case, contact Austin Criminal Lawyers of Morales and Navarrete at 866-812-4596.

Joseph Devine Article Source: http://EzineArticles.com/?expert=Joseph_Devine

Tampering With Consumer Products

Tampering, as a crime, is harshly punished in the American judicial system, capable of standing as a felony on its own. Why a person tampers another's food, drink, drugs, or similar products is mostly a mystery of the criminal mind, and could be any number of reasons. While some look to cause mild injury or discomfort to spite friends or family members, tampering with consumer products can often lead to more disastrous results, and could potentially result in a jail sentence.
Some pranks are easily construed as tampering. Putting additional ingredients into food, such as laxatives or illegal substances, can be severely punished. Tampering with drinks, including with ingredients like GHB or rohypnol, can be compounded with other charges.
The law only mildly distinguishes between what would be considered a prank and what would be considered a truly harmful act. In the end, the truly important factor in sentencing is not the intent, but the actual results. Injury caused by tampering can upgrade the crime from a felony in the second degree to a felony in the first degree. This means that even a seemingly harmless prank, if gone wrong, can lead to a jail sentence.
Threatening to tamper with someone's food or drink is also treated as a particularly contemptible crime under the penal code. By issuing a threat to alter a person's food or drink, a person can be found guilty of a felony in the third degree. Even though this is the lightest of tampering charges, it is still a felony. Those convicted of a felony face heightened sentences, social and professional stigmas, and a loss of the right to vote.
Tampering is a truly serious charge under the American penal code. To learn more about how to defend against allegations of this crime, contact a criminal defense lawyer.

If you have been charged with tampering, contact Austin criminal attorney Ian Inglis today.

Article Source: http://EzineArticles.com/?expert=David_S_Caldwell

Advance-Free Fraud

Advance-fee fraud schemes, also known as 419 frauds, are commonly found in the internet era. These schemes, which involve a desperate plea for some sort of advance or payment in return for a massive pay-off, are usually targeted to wide populations via mass mailing lists. Whether through email or regular mail, these scams have a history of tricking people, also known as marks, that goes back for centuries. Similar to the Spanish Prisoner scam, these fraud schemes have adapted to become widespread across the internet as a way to lure unsuspecting would-be investors into giving away their money.
Perhaps the most widely know iteration of this scam is known as a Nigerian scam. These notices are sent to a large number of people, claiming that sending a certain sum of money to a deposed prince or dying executive would return payments worth millions of dollars. In this way, the mark in the scam is supposed to trust that the go-between will deliver the money to the proper person to complete the transaction. In reality, there is no fortune to be shared, and the whole set-up robs these people of their money.
With the advent of the internet, several variants have developed. Some have included rental scams in which marks are expected to deposit money in an account as good faith that a down payment can be provided. After the money is deposited, the scammer disappears with that down payment money and leaves. In addition, some rental scams ask for personal information, which is followed by identity theft. As well as rental fraud, fake checks are common in internet fraud schemes.
Those charged with perpetrating these acts may suffer strict penalties including a prison sentence and heavy fines. To learn more about trickery and fraud, contact a criminal attorney.

If you are facing allegations of fraud, retaining a knowledgeable advocate should be a priority. Contact the Austin criminal attorneys at the Inglis Law Office today to discuss your legal options.

Article Source: http://EzineArticles.com/?expert=James_Witherspoon

Duress and Coercion

In criminal law, arguments and defenses are rarely clean affairs in which the presentation of evidence and the testimony of witnesses determines guilt. Instead, the intention and surrounding circumstances of a crime are often considered during litigation, making what may have seemed like a simple case significantly more complicated. In particular, the legal concept of duress or coercion is an important factor in certain situations.
The definition of duress enters another illegal factor into the case that must be considered when creating a verdict or deciding sentencing. A defense based off of duress claims that the crime committed by the defendant was only committed because of pressures from another force. In general, this equates to physical or professional threats. Thus, if a person does not do something in particular that may be illegal, they will be harmed or will have their livelihood challenged.
Similarly, duress may coincide with hostage-taking. If a person is holding another person's family or friends hostage, they may ask that individual to do their errands, however illegal they may be, or else the hostages will be harmed. In these cases, it is rare that a person will put their loved one's lives at risk to avoid breaking the law.
As a result of a duress defense, the defendant in a case may request a reduction in sentencing if they recognize their unlawful actions as being partially committed out of their own will. Thus, if a person's profession is jeopardized or blackmail is being held over a person, they may still be held as guilty, but can ask for a sentence to be lessened on the grounds that they were under duress. Additionally, a person may also use this defense to clear their name completely of charges.
To learn more about criminal defense options and strategies, contact a criminal attorney.

If you have been charged with a crime, contact the Austin criminal lawyers at the Inglis Law Office for legal advice and a free consultation today.

Article Source: http://EzineArticles.com/?expert=James_Witherspoon

Computer Viruses and the Law

Computer virus creation is a considerably more modern crime with considerably less legislation governing it. As a result, there is some confusion over whether it is illegal to produce or spread a virus or not. In lay terms, a computer virus is a program that self-replicates, or copies itself by itself. This does not mean that a computer virus necessarily does any damage whatsoever, or that the effects of the virus are anything more than a closeable pop-up message that appears once.
However, for the majority of computer users, viruses are recognized as a destructive, fast-spreading force that can destroy records and steal personal information. Although not technically viruses, programs like malware and spyware are often included in wider use of the term. These programs can take over a person's computer or record their actions and passwords.
Although legislation widely dealing with viruses is limited in most jurisdictions, federal law is fairly direct. According to US law, it is illegal to hack or tamper with government computer systems, even if the virus was accidentally uploaded. This means that once a government computer or system comes in contact with a virus, which is relatively common, the virus's creator has just broken the law.
Considering that a virus is a self-reproducing program, the possibility that a computer used for government programs (which can include libraries, Department of Defense machines, and similar systems) will come into contact with a virus is very high. As a result, a virus-maker may believe that he or she is simply going to infect a few computers locally, but may unintentionally end up breaking a federal law in the process.
Computer virus laws are not quite as widespread as some would prefer, with some jurisdictions being more proactive than others. As a result, there can be some confusion in determining what is considered illegal and what is not. For more information regarding computer crimes, contact a criminal defense attorney.

If you have been charged with a computer crime, the ensuing penalties could ruin your career prospects and put you into a position of financial distress. For more information on protecting yourself against computer-related crimes, visit the website of the Austin criminal defense lawyers at the Inglis Law Firm today. Article Source: http://EzineArticles.com/?expert=James_Witherspoon

What Are the Penalties For a First Texas DWI Offense? By Nik Giancana

A first time TX DWI conviction is a Class-B misdemeanor and carries the following penalties:
Monetary Fines: Initial fine not to exceed $2,000. However, other administrative fees of $1,000/year for 3 years or $2,000 with blood alcohol levels of.16 or more may or may not be assessed.
Jail Time: 72 hours-6 months. If open container of alcohol was in the vehicle minimum jail time 6 days.
Community Service: 24-100 hours.
Probation: There is no mandatory probation period, but a common sentence would include 1-2 years of probation.
School: All 1st time offenders must complete a 12 hour DWI education program within 6 months (180 days). Failure to complete the course in the given time will result in license suspension. Offenders must also attend a victim impact panel.
Evaluation: Within 180 of being convicted you must also take a drug and alcohol addiction evaluation test. The test is multiple choice and if the answers given show high signs of alcohol or drug addiction further treatment may be required.
Ignition Interlock Device/Deep Lung Air Device: Rarely for a first time offense, but it is a possibility. Sometimes a judge will order it if the offender has bad driving record or had a BAC of.16 or greater.
License Suspension: 3 months-1 year.
Other: If an accident was caused by the offender prior to the arrest they may be held liable for any damages as a condition of their probation. Judges in Texas also have the option of ordering the offender drink no alcohol for the remainder of their probation.
With all of this said, anyone charged with DWI in Texas should immediately consult with an attorney. Oftentimes, with clever strategy and defense, these penalties can be lessened of completely avoided.

Read more Texas DWI Penalties or go to TexasDWIDUI.Com to find a DWI lawyer near you.

Article Source: http://EzineArticles.com/?expert=Nik_Giancana

Austin DWI Attorney - Top 5 Firms in Austin

1-Dunham & Rogers: With an experience of more than 20 years, attorneys at Dunham & Rogers know fully well how to defend and win DWI cases. Another good thing about this law firm is that the fees are not too high and you can easily afford it.
2-Law Office of EG Morris: Texas Board of Legal Specialization has recently awarded EG Morris the designation of Criminal Law Specialist. In addition, he has also earned the prestigious AV rating from the Martindale Hubbell legal directory. With team members also been highly qualified, Law Office of EG Morris is a perfect DWI attorney firm for your DWI case. Customer service is also top class at Law Office of EG Morris.
3-KUHN, DOYLE, & KUHN: KUHN, DOYLE, & KUHN is an Austin based law firm that specializes in DWI. The best part about this law firm is that they do not charge any sort of consultation fee.
4-Ben Florey Law Offices: Unlike many law firms where individual attention is not given to the clients, Ben Florey Law offices give their clients individual attention, which is quite critical in handling of DWI cases.
5-IAN INGLIS Attorney at Law: Certified as criminal law specialist by the Texas Board of Legal Specialization, Ian Inglis has an experience of more than 25 years in handling DWI cases. When you take the services of Ian Inglis, he will arrange an administrative license revocation hearing for you, which means that you are not going to loose your driving license.
DWI attorneys try their best to ensure their clients receive the minimum penalty possible but it is upto the client to be positive and generally truthful in their dealings with the attorney.

Sara Sentor Webmaster http://www.aboutdwi.com Article Source: http://EzineArticles.com/?expert=Sara_Sentor