The Stop-DWI Program in Westchester County in Effect

Driving while intoxicated (DWI) with alcohol or drugs is a serious charge anywhere in the US, but in Westchester County in New York, the government is taking a proactive approach to preventing serious and even fatal consequences. The Stop-DWI program was implemented in mid-2014 and already the results are encouraging.

Many people were arrested for DWI at Stop-DWI checkpoints in Westchester as well as Rockland during the holiday weekends, and the charges ranged from misdemeanors to felonies depending on the case. Many were kept in custody until they made bail, preventing them from driving while impaired and possibly saving many lives in the process. This is a promising start to a good concept if it continues to be correctly implemented.

Unfortunately, these checkpoints may also lead overzealous law enforcement officers to make unwarranted arrests, and it is easier to get arrested than to have the arrest records expunged even if the charges prove to be groundless. This has happened in many states when the pressures to crack down on DWI cases become intense. In many cases, a poorly represented defendant winds up convicted of DWI and with the criminal record that goes with it even if a viable defense exists. Such a record can have devastating professional and personal consequences that could have been avoided, as a drug crimes lawyer of the Law Offices of Richard A. Portale, P.C. would be able to explain.

If you have been charged with DWI for alcohol or drugs, note that it is not the end of the world. There are many ways that you can help yourself, and the first of this is to say or admit nothing to the authorities without the benefit of legal counsel. The second and most important thing is to find an experienced lawyer in your area to protect your rights.

Facing Assault Charges

Assault is the intentional act of causing another person to fear from any form of physical harm, despite the fact that the victim is not actually physically harmed. It is often confused (and usually listed together with) battery, but they are not the same charges. Assault only happens when a person intentionally instills fear of physical harm to another. In regards to assault, there are two types of cases that can ensure, and these are a civil case in the form of a personal injury claim and a criminal charge.

The necessary factors that are needed to win a personal injury civil lawsuit are just about the same as the ones needs in a criminal case, although there are vital differences between the two. In a personal injury civil case, the defendant (the person who assaulted) does not necessarily have any motive on inflicting harm to the plaintiff (the person who was assaulted). The defendant just openly intends to carry out an action that he or she knows would cause the plaintiff distress or apprehension. Punitive damages can be given if the defendant has a particularly evil motive in the assault. A key point in personal injury civil lawsuits is to assess the plaintiff’s reaction to the defendant’s actions, whether it was a reasonable reaction regardless of what the defendant believed he or she was doing.

Criminal cases regarding assault require the plaintiff to prove in court that the defendant has the intent to assault him or her. The judge or jury should determine without any reasonable doubt that the assault was intentionally decided by the defendant, or that the defendant did not regard that fact that he or she was assaulting the victim. A Nashville criminal defense lawyer can tell you that in criminal assault charges, the victim will have little voice on how the case is heard on court, and can only act as a witness when called.

Although criminal assault is consider a misdemeanor in generally most states, being charges with it can still cause serious damage to the life of the defendant. Criminal charges can lead to steep criminal fees and penalties and jail time. The best defense against assault charges is to have a good and trusted Nashville criminal defense lawyer who can protect the rights of the defendant. While going it alone may seem a viable option in some cases, the assistance of a lawyer can dramatically increase a defendant’s chances of having a more favorable outcome.