Baton Rouge Criminal Defense Law Blog

Difference between regular and underage DUI charges

Every state has laws regarding operating a vehicle while being impaired by drinking too much alcohol. The term "vehicle" can include cars, trucks, motorcycles and commercial vehicles. In order to convict a person of a "Driving Under the Influence" (DUI) offense, the officer must confirm the driver was above the legal limit for driving. Furthermore, the blood-alcohol concentration (BAC) of the driver has to be monitored to see whether he was above the legal limit or not.

Types of defense strategies used in sexual assault cases

Sexual assault charges are extremely serious and could lead to severe consequences for the defendant. Those found guilty of sexual assault could face several years in prison. Even after they get out of prison, they will have to live difficult lives because their name will be registered on the sex offender registry. When facing sexual assault charges, it is important to have a clear defense strategy. There are several different strategies used by defense attorneys to protect their clients.

The first major strategy used is the presentation of an alibi to establish that there was no way the defendant could have been at the scene of the crime. This is the most powerful and clear-cut method to make sure the defendant is not found guilty. It puts the onus on the prosecution to place the defendant at the scene of the crime, which can be tricky if the defense has already brought forward concrete proof. It puts doubt in the mind of the jury, thus there is a higher chance of acquittal.

Getting a probation sentence

Getting convicted of a crime can lead to several potential outcomes. You might face jail time and hefty fines along with other smaller punishments as well. However, sometimes judges might consider sending you back into the community. A probation sentence releases the defendant back into society but takes away certain basic rights. The judge also has the right to revoke the probation and send the defendant back to prison.

Defendants found guilty of smaller crimes are often sentenced to probation because they are generally not a threat to society. States have their own statutes to deal with probation laws, but judges have been given the authority to grant and take away probation sentences. In some cases, a probation sentence allows the defendant to reflect upon their behavior, and they might get rehabilitation before returning to their community.

Defense against minor in possession charges

A minor found in possession of alcohol or drugs, regardless of whether they had consumed the substance or not, can be charged with violation of MIP laws. Minor in possession laws were created by state governments to educate minors of the dangers of drinking and driving, involve minors in community service and help them get medical help or therapy for a dependency problem.

Different states observe different standards of punishment for minors in possession. Typically, it is considered a misdemeanor. Most states have less severe punishments for first-time offenders. They may be put on probation, with more severe punishments on subsequent convictions. In California, first-time offenders may have their driving license suspended for a year. Other states may require multiple MIP convictions before taking away the driver's license.

Facing solicitation and prostitution charges

Prostitution is also known as the oldest profession. Streetwalkers, brothels, call girls and other escort services have been famous throughout history and are still a reality in the United States. Typically, it is illegal to engage in any sexual act and receive compensation in return. This is a complicated law because it requires catching the offenders during the act and having conclusive evidence that compensation was being exchanged.

Controlled Substances Act

The year 1970 saw the President Richard Nixon pass the Controlled Substances Act. This was an effort to keep the country's drug problems under control. The Controlled Substances Act is a federal U.S. drug policy according to which the production, import, ownership, consumption and circulation of selected substances is regulated. The drugs are categorized into 5 types, known as schedules, according to their potential for causing harm.

  • Schedule 5: Anti-epileptic drugs and cough suppressants.
  • Schedule 4: Anxiety disorder drugs and those used to treat withdrawal symptoms and muscle spasms.
  • Schedule 3: Synthetic drugs and those used to treat an unsettled stomach.
  • Schedule 2: Morphine and cocaine.
  • Schedule 1: Heroin, marijuana, and ecstasy.

Understanding underage drinking DUI laws

The legal standard for underage drinking and driving is different for those over the age of 21 and underage drivers have stricter restrictions. It is important to understand these standards if you have been charged with underage drinking and driving. Being found guilty of these charges could lead to severe consequences for you.

Drug paraphernalia laws in the U.S

A drug paraphernalia charge is applied when someone is caught with special items that may be used to manufacture drugs. Although drugs like methamphetamine and heroin are illegal, they are still being manufactured. The government uses the drug paraphernalia law to make sure people do not carry the equipment required to produce illegal substances.

Understanding felony DUI charges

A felony DUI is the most serious type of drug charge. Although most states recognize DUI charges as misdemeanors, there are cases in which prosecution pushes for felony charges. Felony DUI charges could lead to severe consequences for the defendant. Charging someone with a felony DUI is not simple. There are certain regulations regarding the felony charge and they must be fulfilled.

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Baton Rouge, LA 70809-3483
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