Why am I talking specifically about Washington and not everywhere? Simple. The laws of each state are different. If you find yourself committed of a crime that takes away your gun rights in one state it may not do so in another state. And getting your firearm rights back in one state can be a very different process than in another.

People want their firearms rights back for many reasons, but most of the time it is because the person is an avid hunter. While you may or may not like hunting (I’m not generally a huge fan of it), for some people it’s a passion. And not being able to do it would be like telling a golfer he can’t have any clubs. That’s why many people look to get their firearms rights back.

One of the ways to get firearm rights back is to have the underlying conviction be a non-felony offense (a misdemeanor or gross misdemeanor) and have three years pass since the sentence was completed and no new law violations have been alleged.

Another way is to have the governor pardon the crime, which restores all of your rights. That, as you might expect, however, is extremely difficult to come by. It essentially takes an act of God to get a pardon.

If you are thinking about trying to get your gun rights restored, a conviction vacated, or some other matter, make sure you talk to a Washington expungement attorney. They can help you walk through the maze that is firearms restoration and vacation. The Washington expungement process is a tricky one, and you need someone to help you figure out what you’re doing (and not waste your time and money if you aren’t eligible). Good luck!
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The first fee you will have to cover for any bankruptcy is the court fees.  These are the fees that you pay the courts to file your bankruptcy.  Filing for a chapter 7 bankruptcy will run $299, while filing for a chapter 13 bankruptcy will run $274.

These are the only real fees you have to pay when it comes to bankruptcy but in order to fill out the paper work correctly to file, negotiate with your creditors, and receive the proper discharge paperwork you may want to consider the help of a professional bankruptcy attorney. He will know how to work around the loop holes in the system and make the process a whole lot smoother for you.

So you might be wondering what are the typical fees for a bankruptcy attorney?  The typical rate runs around $1000 to $2000 depending on the state that you live in.  For example in Ohio the typical fee will run around $1400, while in California it will run around $2000.

However if these fees are to much for you their are a couple things you may want to look into first before you consider putting in or $2000 in a bankruptcy.  The first option is to look into credit counseling.  The National Foundation of Credit Counselors is a nonprofit organization that helps people build a budget set up a debt plan and get out of debt.

On the other hand you also have debt negotiation companies like Debtmerica.  This company will work with your creditors much like a bankruptcy attorney does to negotiate a deal on paying back your debts.  In the end they can work out a deal that help you get debt free in as little as 3 to 5 years.
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To discuss whether or not traffic lawyers are cool, I guess it’s first appropriate to describe what cool is or what cool means. For me, cool means one of two things. The first thing cool means to me is making a ton of cash and having a good time doing what you are doing. Second, cool can mean having a lot of respect in the community. And, to tell you the truth, I think you can have both as a traffic attorney, if you own what you do.

For example, I know this guy, he’s a Seattle traffic lawyer. He’s been doing it forever (thirty plus years). He does a volume business, and I’m not sure what he charges, but he told me he makes about $20,000 a month! He doesn’t really do any advertising and he really doesn’t even have to interact with clients that much (they typically don’t come to court). So, I’d say from the first perspective, the money and good work perspective, he’s doing pretty good. It’s definitely possible to be a cool traffic attorney from this perspective.

Next, the respect factor. I’m not going to try to lie to you and tell you you’d necessarily be a respected member of the legal community, particularly from those people outside of the criminal defense community. I think it’s just a part of life that if you are a civil attorney you have to look down and judge what other people do no matter what. But, from a public perspective, I think you get plenty of respect. It’s kind of a funny circumstance, but traffic defense is one of the few areas of the law where you can win almost all of the time. People respect that and will introduce you as the person that got them out of a speeding ticket. There’s something to be said for that.

In the end, I think being traffic lawyer is pretty cool. You can make good money, you get to do good work, and you get to win (a lot). So if you’re thinking about it, give it a shot.
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One good way to start is to take advantage of the free consultation that most lawyers offer. It’s a good way to present themselves to the client and let them know what services they give and what the fee will be for everything. It’s also a good way for the client to shop around. Keep in mind, though, this will be the only free service an attorney will have.
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A divorce lawyer will charge for the time that it takes to discuss the matters that will be detailed in the documents. It’s a great idea to have everything outlined on paper so that it doesn’t take an unexpected amount of time, whether your with a cheap divorce lawyer or not. It can be emotional and confusing when going through everything having to do with the marriage including possessions and custody, so being prepared is the only way to approach it. Being organized is imperative in saving money in a divorce because many lawyers will even charge their clients for phone calls that are made for questions or advice.
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If it’s difficult for the couple to work certain things out it is best to give it time and try to do it apart from the assistance of the attorney. It may take longer than expected, but less money will be spent on those services. There are ways to get around paying an extraneous amount of money for a divorce attorney. Having a lawyer isn’t required to get a divorce, but it is always recommended.
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When an employee steals from you, knowing how to handle the situation can be difficult. There are many different options available and how you handle employee fraud will depend upon what you want. Obviously you will want the money back, but what else do you want to achieve? Would you like the individual to be sacked? Is it worth making a public example out of the matter? What are your businesses rules on employee fraud? Perhaps there were extraordinary circumstances that led to the employee committing fraud? All of these things need to be taken into account before you take action.

Why Some Companies Let Employee Fraud Go Quietly

Unfortunately these days many companies decide to let the fraudster get away with the crime. For them it is preferable to stay out of the limelight and to avoid any publicity regarding the matter. In some cases this could be the best course of action; particularly if there is a reason to sympathise with the employee and give them another chance. However, in some cases letting the fraudster off with no reprimand will only give out the wrong message. sweatshirt design

You are basically telling your employees that it is ok to steal from you. They won’t face any serious penalties and you are also saying that fraud is perfectly acceptable. The best course of action that you can take in most employee fraud circumstances is prosecution. Contacting the police or at the very least sacking the individual. porch awnings

Each case is different and how you handle employee fraud should be based upon the individual circumstances involved. However, there should always be a penalty if you want to help to combat fraud and it is worth getting the opinion of an experienced forensic accountant if you do encounter this problem.

Being A DUI Lawyer In Seattle

But, you’ll notice I left some things off the list that you might expect to see. And these are the things I want to talk about today. Being a DUI attorney or any other attorney carries with it some pretty harsh truths that you might want to think about before deciding to become an attorney.

First, not all attorneys are rich. In fact, most of them aren’t rich. And the ones that are usually don’t become rich until they are 10 years or more into practice; DUI. We all hear about the associate attorney jobs in big law firms where people start out at $150,000 a year and enjoy the good life from day one, and those jobs do exist. But they are disappearing, quickly.

Seattle DUI Lawyer Is Not A Dull Job

Second, attorneys work, a lot. Whether or not you are making 150K a year, you can expect to work between 50-65 hours a week, minimum. The law waits for no one, and when something is due, something is due. And to get the job done, you are going to have to work, and then work some more.

Third, and finally, most attorneys have boring jobs. I’m a Seattle DUI lawyer, which means I get to actually get out there and do stuff. I get to meet clients. I get to have trials. I get to argue motions. You? You’re probably going to end up in some small cubicle with 25 boxes of documents to sort through looking for the word “cracker.” Trust me, these jobs exist.

I’m all for you becoming an attorney. For me, I couldn’t picture being anything else but a dui lawyer in Seattle.

If you have a good Internet fraud defense, the program will protect you while you surf the Web. You can have protection against phishing. When you buy good software, the program will set up your browser with tools to help you detect fraudulent web sites. You will be able to decide which sites are safe to visit.

Phishing, hackers, identity theft are just a few of the crimes committed on the Internet daily. Phishing involves tech well informed identity thieves and con artists. They get involved in playing con games and utilize Spam or malicious web pages in addition to e-mails or instant messages to lure or trick users online into giving up their personal information. Some users online are lured into giving out their bank information or credit card details.
Phishers often pretend that they work for legit companies. They may send out e-mails from these companies and request your personal information. In some cases, they will direct the recipients to visit malicious web pages.

These crooks tend to play up to people so well that over 11 million people each year find themselves victims of Identity theft. They may even use emotional language, such as scare tactics or even send out urgent requests in order to lure in the recipients and get them to reply.

Most of the phishing web sites look amazingly legal and may even include copyrights. In short, we are all in danger of Identity theft when we surf the internet without fraud defense.

When you have the right Internet fraud defense, you have protection against suspicious phishing sites and the thieves who set up these web pages; lawyers.

You do have the option to represent yourself, however DUI cases are complex and rely on technical scientific and medical evidence gathered at the time of your arrest. This evidence needs to be understood if you are to present a defense which can interpret the results in another way. A Michigan DUI lawyer will have the experience to interpret this evidence and to present a far better defense than you could for yourself.

If this is a first time offence under DUI laws then you will likely face a fine and driving ban. If you have previous convictions, which can be in any state, then the consequences will be more severe and penalties harsher. Your license will be revoked at the time of arrest and you will have to reapply for it should you be later acquitted. Penalties can become more severe and the charges escalated to a felony should you cause serious injury or death by driving under the influence.

By hiring an experienced Michigan DUI lawyer you will give yourself the best chance of either being acquitted of all charges or receiving a more lenient penalty. It is worth noting that not all lawyers deal with DUI cases, so look for a lawyer who specializes only in DUI. They will have the expert knowledge of state law and the procedures surrounding DUI to best defend you.

At your first meeting, which is often free of charge, you can explain the circumstances of your arrest, and gather some understanding of the legal implications a conviction for DUI would entail, the penalties you are facing and the legal process. It is always worthwhile meeting with two or three different lawyers before hiring one, to ensure you find a lawyer with whom you are comfortable and confident can achieve the result you want.

Hiring a lawyer is an expensive business so you need to be sure you pick the right one for you. If your financial circumstances make it difficult to hire a private lawyer you can request a court appointed lawyer at your pre-trial hearing. You may feel that this is the lesser option, but it is worth noting that private lawyers have only marginally better success rates than court-appointed lawyers do; DUI

“WHAT DO I NEED TO KNOW ABOUT THE LAW IN MY STATE?”

—DUI LAW IN VIRGINIA

Differences in DUI Law in Virginia from Other States

The Virginia legal system for DUI’s has several notable differences from other state these major differences will be outlined below.

DWI and DUI in Virginia are the Exact Same Offense

In most states there is a difference between DW I, “driving while intoxicated” and DUI, “driving under the influence.” For an example, in most states driving while intoxicated is a more serious offense than driving under the influence. Other states have even a third finding available such as operating while impaired or OWI.

In Virginia, there is no difference between DUI and DWI. Virginia Code Section 18.2-266 makes it illegal to drive while intoxicated or under the influence of alcohol and/or drugs.

The Virginia Code defines intoxicated as follows: “‘Intoxicated’ means a condition in which a person has drunk enough alcoholic beverages to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.”

Blood Alcohol Content (“BAC”) relates to BAC While Driving

Under Virginia DUI law, anyone driving on the highways of Virginia has, according to Virginia’s implied consent law, given their “consent” to a breath or blood tests if they are arrested for DUI. If this test results is a .08 or above, there are are significant effects in the prosecution of one’s case. One way of proving DUI, known as the “per se” law, looks at nothing but the breath result. If it is .08 or above, the person is guilty of DUI; if it is below .08, the person is not guilty of DUI. However, since Virginia looks at the BAC at the time of driving, the defendant still has the ability to present expert testimony that his BAC while driving was in fact less than a .08.

Similarly, another way of proving DUI, looks at the .08 or higher breath result as one of the pieces of evidence in the overall trial. Although the statute says that if the BAC is .08 or above, there is a “presumption” of intoxication, the Virginia Court of Appeals ruled in 2007 that such presumptions are an unconstitutional infringement upon the Constitutional guarantee of the presumption of innocence in any criminal trial unless the language is interpreted to mean that there is not a mandatory presumption of intoxication. The Virginia Court of Appeals ruled that the courts must interpret the words “shall be presumed” to mean “may be inferred.” Thus, in a DUI prosecution under this section, the judge may infer (but is no longer required to presume) that someone is intoxicated if the prosecutor proves that they were a .08 or above while driving. Again, the defendant may present evidence that in fact his actual BAC while driving was below a .08 or that the results should not be given much weight because of issues with the machine or manner of testing. If the defendant is able to do this, then the judge may not make any inference based on the breath result.

Right to New Trial on Appeal to Circuit Court- Trial de Novo

Virginia grants anyone convicted in General District Court what is called a “trial de novo” on appeal to the higher trial level court in Virginia, known as the Circuit Court. Thus, any DUI defendant in Virginia who is unhappy with the judge’s ruling or sentence in the General District Court, has the ability to appeal to the Circuit Court and as soon as the appeal is noted, the conviction of the lower court is completely wiped off his record. I like to tell my clients that it is just like taking an eraser to a blackboard, and the client is in the exact same position that they were prior to the first trial (i.e. they are presumed to be innocent and have not been convicted of DUI.) Or, to use a golf analogy, Virginia allows all DUI clients a “Mulligan” on their first DUI trial!

The trial courts rule on both fines and jail time and license suspension issues

In many states, a DUI charge leads to two separate trials. The trial in court in front of a judge who determines whether someone is guilty and what fine and/or jail time someone receives, and in administrative license hearing in front of that state’s Division of Motor Vehicles. Virginia does not have a separate hearing for the determination of the status of someone’s driver’s license. By statute, the judge has to suspend the person’s license for a specific time based on whether this is a first or subsequent offense. The judge has the authority to grant a Restricted License allowing the person to drive to work, school, alcohol education classes and certain medical and family driving.

Virginia DUI Penalties

Administrative License Suspension (ALS)

For a first DUI offense and/or breath test refusal, your driver’s license will be automatically suspended for seven days if your BAC is 0.08 percent or higher; DUI.

For a second DUI offense and/or breath test refusal, your license will be automatically suspended for 60 days or until you go to trial, which ever comes first.

For a third DUI offense and/or breath test refusal, your license will be automatically suspended until you go to trial. Conviction of a DUI offense will result in suspension of your driver’s license and other penalties in addition to the administrative suspension.

First Offense – Penalties

i) BAC < .15

Class 1 misdemeanor (Up to $2,500 fine and 12 months in jail) with a mandatory minimum fine of $250.

ii) BAC .15 to .20

If the person’s blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 5 days or,

iii) BAC > .20

if the BAC level was more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 10 days.

License Suspension

License revoked for 1 year. Eligible for immediate Restricted Operator’s License. Ignition Interlock required for BAC of .15 or above.

Second Offense – Penalties

A) Committed within less than 5 years from a prior offense

• Minimum $500 fine

• Confinement in Jail for one month to one year. 20 day mandatory minimum jail sentence.

• If the BAC was between .15 and .20, additional 10 days mandatory minimum jail sentence.

• If the BAC was greater than .20, additional 20 days mandatory minimum jail sentence.

• Minimum $500 fine

• Confinement in Jail for one month to one year. 10 day mandatory minimum jail sentence.

• If the BAC was between .15 and .20, additional 10 days mandatory minimum jail sentence.

• If the BAC was greater than .20, additional 20 days mandatory minimum jail sentence.

License Suspension

License revoked for 3 years.

• 2nd conviction within 5-10 years- eligible for Restricted Operator’s License after 4 months. Ignition Interlock required for Restricted OL.

Third Offense – Penalties

A) All 3 committed within 5 years period

• Class 6 FELONY: 1-5 years imprisonment; or up to 12 months in jail and $2,500 fine.

• Mandatory minimum jail sentence of 6 months

B) All 3 committed more than 5 years and up to 10 year period

• Class 6 FELONY: 1-5 years imprisonment; or up to 12 months in jail and $2,500 fine.

• Mandatory minimum jail sentence of 90 days.

• Mandatory minimum fine of $1,000.

• License Suspension

License revoked indefinitely.

Fourth Offense in 10 Years- Penalties

Class 6 Felony with mandatory minimum 1 year imprisonment and mandatory minimum $1,000 fine

License Suspension

License revoked indefinitely.

Conviction of any DUI offense involving a juvenile passenger (age 17 or younger) in the vehicle at the time of the offense carries an additional mandatory five-day jail term in addition to all other fines and jail sentences. You may also be assessed an additional fine of at least $500 and up to $1,000.

A second DUI offense with a juvenile (age 17 or younger) in the vehicle carries an additional 80-hour community service requirement in addition to all other fines and jail sentences.

Multiple Offenders and the Trauma Center Fund

Virginia also requires anyone has been previously been convicted of DUI/DWI in any state to pay $50 to the Trauma Center Fund to subsidize the cost of emergency medical care to accident victims in alcohol or drug use car crashes.

Virginia Alcohol Safety Action Program (ASAP)

If convicted under Va. §18.2-266 (DUI/DWI statute) or Va. §46.2-341.24 (DUI/DWI of a commercial vehicle), Virginia statute requires enrollment in ASAP. This course costs between $250 and $300. The program is 20 hours long and focuses on substance abuse and driving, substance abuse and health, and self-evaluation of potential for substance abuse.

Ignition Interlock Program

Virginia requires that anyone convicted of a second DUI or anyone that has a BAC greater than .15 for their first DUI have an ignition interlock system installed. This system records the drivers BAC via breath test each time the car is started. It also requires that the driver blow into the breath analyzer ever 5-20 minutes.

1. If everyone insists on their constitutional right to go to trial, the prosecutor will be in court all day.

2. In most cases, the mandatory minimum sentences for DUI are so harsh that a defendant in a DUI trial risks absolutely nothing by going to trial. Many clients ask me if a judge will penalize them with a harsher sentence if they assert their right to trial. The Virginia legislature has now raised the minimum sentence for all DUI cases to such a high level, that, if you decide to go to trial on your case, in most instances, as a practical matter, you are going to get the same sentence as the person who pleads guilty.

4. The prosecutor is unprepared. In the vast majority of jurisdictions in Virginia, prosecutors do not look into traffic cases ahead of time. Most of my clients are shocked when I tell them that it is impossible for me to contact a prosecutor with knowledge about their case prior to the court date to discuss their case, because the prosecutors do not look into the cases ahead of time. In most jurisdictions, if someone shows up without an attorney, the prosecutor does not get involved. Thus, it is impossible for someone attempting to represent himself in these jurisdictions to discuss a possible plea bargain with the prosecutor, because the prosecutor will not speak to them. In some jurisdictions, such as Virginia Beach, there is not even a prosecutor for any traffic case, even a DUI with an attorney!

5. The police officer is unprepared. Your case is just one of an entire docket full of cases that the officer has on that date. It is not unusual for an officer to have 5 to 10 DUI cases on one date in addition to dozens of other traffic tickets. The officer often has little if any recollection of your arrest. That becomes apparent time and time again in court when I object to an officer testifying by reading from his notes and, after my objection is sustained by the judge, the officer clearly has no independent recollection of the arrest.

6. Most prosecutors know very little about the science (or lack thereof) behind field sobriety testing. At no time during law school does the professor ever say, “Today we’re going to learn about standardized field sobriety testing.” A thorough knowledge of these tests would actually hurt their cases and prevent them from making arguments that I routinely hear prosecutors make to judges while trying to argue that the results of these tests should be given more weight than they were ever intended to. For example, the three standardized field sobriety tests were only used to predict a BAC of .10 or above. Since the legal limit is now .08, there is almost no weight that a judge could give to these tests on someone with a BAC of .08 or .09.

7. The police officer did not follow proper procedures for the field sobriety tests. If a police officer receives proper training about field sobriety tests, they will be told the proper standards and procedures according to the National Highway Traffic Safety Administration (“NHTSA”). However, for example, on the “follow the pen with your eyes” test (the horizontal gaze nystagmus test, or HGN), the manual says that if the suspect moves his head during the test, the officer should use his flashlight or his free hand as a chin rest of the suspect.

In 25 years of practicing law, I have never seen an officer use anything as a chin rest for a suspect, even though in the vast majority of those cases the officer testifies that the suspect was swaying and unsteady on his feet! The manual also states that the walk-and-turn and one-leg stand test should not be done if the suspect is over 50 pounds overweight or has physical impairments that could affect his balance. The manual also states that the walk-and-turn test “requires a line that the suspect can see.” This is rarely done.

8. The breath testing equipment is inaccurate. The breath testing machine is just that- a machine. The machine uses an assumption to calculate the amount of alcohol in a person’s blood based on the amount of alcohol that is released into a person’s breath. The amount can vary from between 1100 and 3200. However, the machine uses a standard ratio of 2100, almost the average between the two.

If you exchange alcohol at the 1100 rate, the machine gives a reading twice as high as it should. On the other hand, if you exchange at the 3200 rate, it gives a reading half as high as it should. In any event, the principle is flawed and readings can vary up to 50% from the actual breath content. The manufacturers of the Intoxilyzer 5000 have flat out refused to reveal their source codes to defense attorneys. The source codes are basically the mathematical formula that the machine uses to convert a small sample of breath to a blood alcohol content number. Courts in Florida and Minnesota have already ruled that this refusal is a basis to dismiss DUI prosecutions. Virginia appeals courts have yet to rule on this issue.

CONCLUSION

A DUI charge is liable to make you feel overwhelmed and at the mercy of a Court system, police system and legal system that you do not understand. With the police and the prosecutor trying to convict you, you might think that it is useless to fight the charges against you.

The goal of this book is to help you feel more in charge of this potentially overwhelming ordeal, to shed some light on what you are going through, and to help you find a qualified defense attorney who will work to ensure that justice is done. When it comes to your case, justice means demanding that the police follow proper procedure, that only legally admissible evidence is presented at trial, and that you are not convicted on the basis of anyone’s opinion or prejudice.

Regardless of the particulars of your case, you deserve to find a lawyer who knows what your are going through, who knows what you are up against and who has years of experience going to bat for others in your situation by fighting the DUI Guilt Myth. And a chance to fight for your rights is not simply what you deserve. It’s the law; DUI.