Daily Archives - April 2, 2016

How Is The Judge Setting The Amount of Bail In a Criminal Case

Dmitry G2021-06-23T01:03:42+00:00If an individual is arrested for committing a crime, there is a chance the judge is going to set a bail amount. A certain sum will need to be paid in order for the individual to be released from custody for the time of the trial. The money will function as collateral in order to make sure that the individual is not going to cause any more trouble, will appear on every single court hearing and will follow all court orders. With that said, when a judge is thinking about setting bail, he or she is going to take two very important factors into consideration. First of all, if the judge has reasons to believe that the individual still represents any kind of danger for the society, there is going to be no bail. Furthermore, if there are reason to believe that this individual may try to escape from justice, the...

What It Means Being Charged With Opening a Container While Driving

Dmitry G2021-06-23T01:04:02+00:00The Penal Code clearly states that no person is allowed to have any container, can or bottle with alcoholic beverages while he or she is driving. It is illegal if the container is open, partially or entirely, if it is half empty or if there are any other signs that the driver was consuming alcoholic beverages while operating the vehicle. In addition, it is also important that the container must not be in a place that is easy to reach for the driver. With that said, there are certain exceptions in the Penal Code when it comes to open containers. It is perfectly legal for a person, who is benefiting from riding in a vehicle that is transporting him or her for compensation, to have open containers. For instance, limos, buses and taxi cabs all fall under this particular exception. However, drinking on a bus with an open container may lead...

Importnat Role of The Fourth Amendment Rights In a Criminal Case

Dmitry G2021-06-23T01:04:20+00:00No doubt, regardless of what kind of crime you may be charged with, it is very important to know your rights. After all, the Constitution of United States clearly states in its Fourth Amendment that any person must be fully protected from unreasonable or unlawful search and seizure. This basically means that if any kind of evidence was gathered without any serious reasons, this evidence cannot be allowed into the trial. With that said, a lot of people are wondering how that law is applied when it comes to drug searches in their homes or inside of their vehicles. Well, in order to make it a little more clear for the readers, let us review a simple example. Let us suppose that you were driving home when a law enforcement officer pulled you over. The reason for the stop was your broken taillights. Now, this does not automatically give him permission to...