What if I am pulled over and the officer asks me to “shakedown” my vehicle - what the best legal advice I should follow?

While it depends on the state in which you live, if you are pulled over by an officer and the officer does not have a search warrant, then the officer does not have the right to search your motor vehicle. One of the best pieces of legal advice you can get is (if you have done nothing wrong) to force the officer to get a warrant. During the time, you will wait for the warrant will be nothing compared to the time you will save if the officer illegally searches your car.

If the officer searches the car and nothing is found, you have the right to demand an explanation of the search before and after the search is conducted. If the officer has searched your car under false allegations, you have the right to file a complaint with the officer’s boss. You will need to jot down
the officer’s badge numbers and take down the names spelling the name correctly. If you feel harassment is the purpose of the pull over and search, you may be eligible to sue the police department.

In most states, officers need a probable cause to pull over a motor vehicle. If the person is speeding, not wearing his/her seatbelt, or has apparent faulty problems with the vehicle that can lead to hazard, then the officer can pull you over. If the officer cannot prove any fault as to why you were pulled over, then wrongful acts were committed against you. Be advised that in some states, such as Michigan, the police currently have the right to pull a motor vehicle over for nearly any reason.

Many of us receive parking tickets at least once in our lifetime. Few people believe that parking tickets increase insurance premiums and add them as a high-risk. The fact is that parking tickets are not criminal acts, rather they are either a violation or an infraction. Few people ever go to court over parking tickets and most of these people who do have accumulated enough tickets without paying or disputing the tickets to lead to a court injunction.

If you receive parking tickets, for Pete’s sake pay the darn thing and stay out of trouble if you are not willing to dispute the ticket. However, if you wish to dispute the tickets, you can send a letter of dispute to the appropriate sources in your state and dispute the ticket, which in most cases the ticket is dropped and no more is said.

I choose the topic pertaining to parking tickets simply because during Criminal Justice courses I learned that disputing parking tickets, speeding tickets, violations and other types of infractions is wise verses accepting blame. One of the downsides of infractions or violations is that points go against your driving record; thus, fighting the allegations will probably help you to walk out of the courtroom a winner and avoid points against your driver license. Thus, the best legal advice for parking tickets is to pay them or dispute them. This could help you evade an unnecessary fine of up to several hundred dollars.

If the time you spend in court isn’t worth the cost of the ticket, then simply pay the ticket and move on with your life; however, if you believe the ticket is excessive or you believe you are innocent of the charges, you should dispute the charges to get your side heard in court and to save yourself the price of the ticket and the higher premiums.

It depends on the state, but nearly all states have strict laws against driving under the influence or operating under the influence. Driving while under the influence is an illegal action, which is often known as a misdemeanor in the court of law.

Some states, on the first offense, will pull your license, impound your vehicle, and throw you in jail. Once you are at jail you will await to visit the judge, which is the next day, unless you are arrested on the weekend, then you will visit the judge on Monday the following week. Your blood level must read 0.8 in most states before you are considered operating under the influence or else driving under the influence.

Driving under the influence (DUI), operating under the influence (OUI), and driving while under the influence (DWI) are three terms for similar acts; however, the differences in some states can mean a difference in the penalty you receive. DUI/OUI/DWI laws are tricky since in few states the law must have probable cause to pull you over.

If you are not weaving on the highway or committing any crime that lead the officer to believe that you are driving under the influence, then you may have a chance in the courtroom to fight and win the case. However, in some states, the law can pull you over regardless and often does not need any reason as to why you were pulled over.

Still, the law is obligated to read you your rights, and if the officer fails to do so, you may have a win case. The best advice you can get for DUIs is to avoid drinking drunk altogether. If you plan to go out on the town, ask someone who is not drinking to go with you. Otherwise, if you had a party at work and drank some alcohol, you should try to wait at least an hour before leaving the building, unless you had more than one drank.

Finally, if you are arrested for DUI/OUI, it is in your best interest to plead not guilty and to force the prosecution to prove that you were in fact under the influence. If you are innocent, it is unlikely that the prosecution will be able to prove that you weren’t.

At one time, it was not illegal to defend yourself if someone attacked you on the streets. However, in a few states, if you retaliate when assaulted, both parties are arrested, even though you were merely defending yourself against the attacker.

This is sounds like insanity, but the laws has determined that “word against word” is the issue; thus, the crime should be taken to court to determine what caused the incident, why the incident occurred, and who is responsible for the crime committed. If there is a third party involved in the act--rather if a third person intervenes in an attempt to protect the victim--it may fall under the “alter ego rule” or rather the third person is permitted to defend the victim on particular grounds.

Under the Texas Penal Codes, for example, the law states that under a defending act of a third party, that the person is legally excused if this persons utilizes “force against another to... [protect the third party.]” This person cannot use this action if he feels that the third party is in no danger; however, if the party feels that the victim is in a life threatening situation, or else brutality is involved, then this person must use thoughtful consideration in taking action to protect the third party.

Other states may only permit the party to restrain the culprit until the police arrive. Yet, few states will consider this act a Citizen’s Arrest, where the party holds the culprit temporarily in his/her custody until the police arrive at the scene of the crime. For more information on self-defense, check your local state laws. This is crucial because your stay may have completely different laws than the law cited above from the state of Texas–and if you have to defend yourself in court, you will want to know what those laws are and if they work in your favor or against you.

What happens if I am accused of a crime and cannot afford an attorney? What if I am in an abusive relationship and need a divorce, but cannot afford to pay a lawyer? What if my child is in trouble and I have no money?

Everyday, poor citizens in America face ongoing problems and they often lack a resolution. If you are accused of a crime and do not have money to hire a lawyer, under law, the courts are obligated to assign you criminal defense attorney to protect your rights.

Few states may include the attorney fees in the costs and fines, but for the most part, the fees are minimal. If you are in an abusive relationship and are seeking legal advice for divorce, but do not have the funds to cover the costs, then be advised that you have the right to request legal help from
Legal Aide. Your local library will more than likely have books that will walk you through the steps of divorce with forms included. The cost will be less than $200 in most states. Otherwise, you have the right to get out of the relationship and wait until you get the cash to pay for the divorce.

If you have a child who has pending criminal charges, you have the right to request a Court Appointed Attorney or else request legal advice and representation from Legal Aide services. It is wise during any situation involving courts to learn all you can about the charges, laws, et cetera or
anything pertaining to the case to stay ahead of the game. Regardless of the situation, in most cases there are always answers, and in few cases, there is a way out. If you are currently in this situation, you should seek free legal help for your problem before proceeding.