Archive for the ‘criminal defense’ category

Dealing With A Criminal Record

July 28th, 2010

Having a criminal record can affect your life in many different ways, but it does not necessarily have to be the end of the world for you and/or your family. It simply means that there are some obstacles to overcome, but it can still be done if you work hard and keep your nose clean. Your OUI attorney can be a big help with some of these options, so be sure to discuss each one with him/her for more details. Here are a few basic tips and suggestions for dealing with a criminal record, whether it is your own or someone’s that you love.

Ask for help when you need it. There are a few ways that a criminal record can affect your future, such as finding a job, renting a home or vehicle, running for office, getting a loan, and so on. If you need help with something important, never be afraid to ask those that you love. This can mean having a co-signor on a loan, asking for a personal reference to help secure employment, and even requesting a letter of reference from a landlord in order to rent somewhere suitable for you and your family.

Check into appeals or expungement. Some states offer these options when certain conditions apply or are met sufficiently. An appeal could give you a different result, sometimes eliminating the criminal record altogether. An expungement would mean that the criminal record is sealed and not held against you. The only time an expunged record would become available is for federal cases. Either of these options would mean that you no longer have to report your criminal background on applications or legal documents.

Prove that you are trustworthy. Convictions that were over a decade ago are rarely held against a person, although they must be reported in some states, unless they were for violent crimes. Once you are able to prove to society that you are not the person you were, and are no longer a danger to society as a whole, then the chance of being denied a job or home will decrease. Society just needs to understand that your debt is paid, and that you have been rehabilitated.

OUI Classifications

May 26th, 2010

In the state of Maine, there are two different ways that you could be arrested for operating under the influence, regardless of whether you caused an accident or any property damage. These are operating under the influence of drugs and operating under the influence of alcohol. The laws and statutes that govern one also govern the other, and the penalties are the same, but you could be arrested even if you pass a breathalyzer test with flying colors.

Operating a vehicle while under the influence of alcohol is a very serious offense in the United States, and more courts each year implement laws that are really cracking down on repeat offenders. First-time offenses are treated more harshly then ever, and people will soon begin to learn that it is never a good idea to drive while drugs or alcohol impair your driving abilities. Alcohol and drugs can lower your reflex time, blur your vision, cause drowsiness, and much more, creating potentially deadly driving skills.

If you pass chemical tests such as BAC, blood alcohol content, when you are pulled over, you could still be arrested for OUI if the officer has a reason to believe that you should not be driving. You could be booked, and forced to submit to more comprehensive chemical tests, such as urine or blood tests, in order to screen for illegal or prescription drugs, in addition to alcohol.

Alcohol may kill thousands in the state of Maine each year, but drugs are just as deadly, and should never be taken immediately before driving. Wait until you are someplace safe to take any medicine, even a prescription, that could cause drowsiness, disorientation, blurred vision, or any side effect that could potentially impair your driving abilities. If you must take it right away, have a designated driver handy.

Those who have been arrested in Maine for OUI should contact a professional attorney specializing in OUI laws as soon as possible. The window of opportunity to build a successful defense and protect your rights is small, and once it closes it is often closed forever. Do not wait until you begin to lose your rights before contacting someone who can help.

Stars Are Not Immune To DUI/DWI

March 18th, 2010

Although many popular television shows and movies feature the common person (or what is supposed to be an average Joe) being arrested for DUI/DWI, even stars are not immune to being arrested. Driving under the influence of drugs/alcohol or driving while intoxicated is a serious offense in most states, and can be treated like a felony or misdemeanor, depending on many different factors. Everyone from your next-door neighbor to sports players, film stars, and various icons can be arrested, and treated the same in this case.

Sports players have to treat their bodies with special care and attention, and often steer clear of consuming alcohol in order to take care of their bread-winning asset-their ability to play a chosen sport. Sometimes, circumstances or poor decisions lead to drinking more than they can handle without impairment, and they are pulled over by law enforcement. Some examples of sports players with arrests related to drunk driving in the last year include, according to news reports:

* Donte Stallworth – Cleveland Browns. Convicted of DUI manslaughter for his role in a DUI involving the accidental death of a pedestrian.
* Al Jefferson – Minnesota Timberwolves. The basketball star issued a public apology aimed at his fans, especially younger fans.
* Byron Westbrook – Washington Redskins. The football icon refused to cooperate with sobriety testing, and faces increased punishment in Maryland.
* Andres Nocioni – Sacramento Kings
* Tarence Kinsey – Cleveland Cavaliers
* Dane Sardinha – Philadelphia Phillies

Film stars are featured on the news as well, as proof to the public that their popularity and familiarity does not get them as many special favors as we might think. Here are some examples of actors and actresses arrested for alcohol-related behavior:

* Jake Harris – Deadliest Catch
* Stephanie Pratt – television’s The Hills
* Tawny Kitaen – legendary icon
* Lori Petty – television and movie actress
* Rip Torn – legendary actor

As you can see, even some of the most notable names have had their fame cast aside until a bail hearing. During past years, other famous stars have been arrested for DUI/DWI as well, including mega-star Mel Gibson’s famous case a few years ago. Most of us believe that their fame will keep them from being arrested, and sometimes this happens, but in most cases, the rich and famous are treated much the same as the rest of us. The biggest difference is that it is much easier for some stars to post bail.

It is very important to contact a professional lawyer as early as possible in your case, so that you can get the most favorable outcome possible. A skilled lawyer can seek to have charged dropped or reduced, and can offer alternative penalty options that may apply in your individual case. This may include IID (ignition interlock device), alcohol rehabilitation course, defensive driving class, community service, and similar penalties, with the appropriate show of remorse.

Felony DUI trial victory

November 2nd, 2009

I just finished a grueling trial last week on a felony DUI. My client had been accused of DUI and refusing to submit to a breath test as well as stealing a car. My kid was looking at at least 2.5 years in prison if he had been convicted of the crime.  It was the greatest feeling to hear the foreman of the jury say the two sweetest words in the english language: Not Guilty!

Sometimes you can just look at a DUI case and figure that it is going to trial no matter what. Sometimes the facts of the case will dictate that direction while other times it is the client’s personal circumstances. Either way, you must always be prepared to take the case to trial. This isn’t poker. Bluffing gets you nowhere except a poor result. If the DA even suspects you are bluffing or that you never follow through with your assertion that you will try the case, chances are your case is going to fold and you, the client, will be left holding the bag.

Choosing an experienced trial lawyer is the key to the successful outcome of your case. Let’s face it. When life gives you lemons, sometimes you have to just make lemonade. If you hire the attorney who tells you “don’t worry, I know the DA”, or “I’ll get you a good deal”, you have just made a big mistake. There is nothing wrong with trying to angle a deal in a DUI case. However, deals don’t just grow on trees. They are earned through hard work and preparation as well as a time-tested reputation. It is better to negotiate with the point of a sword than it is to do it from your knees.

Don’t make the classic mistake of hiring the cheapest attorney or the attorney who will tell you what you want to hear. Rather, hire the attorney who you feel will most likely get you the results you want in your case.

DUI & Drugs on the west coast

September 30th, 2009

 DUI & Drugs on the west coast
 DUI & Drugs on the west coast
 DUI & Drugs on the west coast
 DUI & Drugs on the west coast
 DUI & Drugs on the west coast
 DUI & Drugs on the west coast
 DUI & Drugs on the west coast
 DUI & Drugs on the west coast
 DUI & Drugs on the west coast
 DUI & Drugs on the west coast
 DUI & Drugs on the west coast
 DUI & Drugs on the west coast
 DUI & Drugs on the west coast
 DUI & Drugs on the west coastJust thought I’d post some pictures and thoughts from my last vacation.  While we had a good time, it was a work vacation.  That means I attended a federal defense seminar in Portland Oregon and a forensic blood testing seminar in San Diego CA.  You know the old saying right?  All work and no play makes Attorney Bly a very dull boy.

This picture sums up the typical work vacation for me…  As usual, I’m taking phone calls on my iPhone and typing information into my laptop.  Two things I never leave home without are my iPhone and my laptop.  Hey, if you’re going to be on vacation, you might as well get some work done too!

The conference Chris and I attended was a great course to assist us in our federal criminal practice.  90% of all federal cases deal with drug crimes.  The law is changing frequently and your attorney must be throughly prepared to vet all issues in anticipation of trial.  A course like the one we attended in Portland Oregon was a unique opportunity and we were the only attorneys from Maine to attend.  That should say something about what sets us apart from the competition.
After the conference in Portland, Chris flew back home and I flew down to San Diego for a forensic blood seminar for OUI defense.  Again, this was a top notch seminar that focused strictly on the science behind blood test and urine test cases.  We were able to view an operational state lab and received instruction from the best names in science, medicine, law and alcohol research.  Sorry, no pictures.  This one was literally all work and no play.  Well, enjoy the pictures of Oregon.  I hope this gives you an idea of how seriously we take our professions.  Whether we’re on vacation or not, we do our best to maintain our professional educational standards at the highest degrees.
DUI & Drugs on the west coast