Not out of the Woods Yet for Tiger’s DUI Charge

Posted by on Sep 3, 2017 in Criminal Defense | 0 comments

There is probably no celebrity out there who fell from grace so fast and hard than 41-year-old golfer Tiger Woods. Once championed as one of the greatest golfers every, it all went downhill in 2009 with the career-crippling infidelity scandal. This lead to billions in losses from shareholders and advertisers pulling out of the Woods brand and a divorce from his wife Erin in August of 2010. America thought that we had seen the last of Tiger, but he is back in the news again for a DUI charge he accumulated in May of 2017. 

At around 3 AM Woods was arrested just outside of Jupiter, Florida for driving while under the influence. Police say he was asleep at the wheel when they had found him and was stopping an entire lane of traffic. Besides the sex scandal of 2009 Woods criminal record is clean. Well, besides the blemish in late 2009 when he crashed his Cadillac into a tree and fire hydrant at his residence. Tiger defended his reckless driving this past May by saying that he had an “unexpected reaction” to some prescribed medication he was taking. An arraignment was scheduled on August 9th, but Woods skipped it. His attorney released a not guilty plea, and Tiger has agreed to enroll into a DUI offender first-time program before appearing before a second arraignment on October 25th. If the golfer had pleaded guilty during the first arraignment, he would have had to pay a fine of $250, perform 50 hours of community service and attend numerous classes on DUI prevention. He would also be subject to spontaneous drug and alcohol tests during a short probation-like period, but instead, Woods chose to fight his charges. In an interview with ESPN Tiger said that he hopes to continue golfing again after this situation is resolved. However, he doesn’t know what the future holds for him. He’s been out of the game for a while and recently underwent back surgery so a DUI charge might just be the least of his worries.

It is understandable to feel like one shouldn’t be charged with a DUI if other factors were at play. In Tiger’s case, the effects of his prescription medicine should have been stressed throughout his proceedings more. The DUI attorneys of Flaherty Defense Firm state that the normal punishment for a first-time DUI defense is up to six months in jail. This sentence is a little harsh and of course can be appropriately combated with the right legal help as Tiger is doing.

Whenever a celebrity messes up, they have the unfortunate reality of having even their most minute faults broadcasted of everyone to see. While some of these missteps are serious crimes requiring punishments more often than not a celebrity slips up like every other person. Everyone deserves proper legal representation before the law or else we would all slip through the cracks.

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Lewd and Lascivious Conduct

Posted by on Jun 5, 2017 in Criminal Defense | 0 comments

The crime of lewd and lascivious conduct with a child involves more than the simple exposure of one’s genitalia; it tends to fall short of full sexual assault of a child. Prior to the passing of lewd and lascivious conduct statutes, perpetrators of this crime were charged with attempted sexual assault. Thus, to protect minors, more and more states, over the years, started passing laws that prohibit any form of sexual contact between adults and children. In Florida, Idaho and some other states, lewd and lascivious conduct is also used to refer to sexual contact charges. In other states this same offense is used interchangeably with indecency with a child or indecent contact with a child.

For a person to be charged with lewd conduct with a child, the following elements should be present:

  • The victim is a minor. State statutes differ with regard to who may be considered a minor and who is no longer considered as a minor. In some states, like Idaho, for one, a minor or a child is any person under the age of 16; in other states, like Texas, a minor is person who is under the age of 17.
  • There is sexual contact. Again, states differ when it comes to defining what sexual contact is, besides some type of touching, which may be done through the use of instruments (like sex toys), genital-to-genital contact, or mere rubbing of genitals with a victim’s hand. Most state laws also do not differentiate between sexual contact over the clothing and under the clothing – this is to thwart any attempt down play the sexual contact component of the crime.
  • Intent of the contact. Lewd and lascivious conduct is said to be committed for the purpose of arousing or gratifying one’s sexual desires (or the sexual desires of a third party). This intent definitely rules out any likelihood of accidental contact, especially contact over clothing.

According to the Flaherty Defense Firm, “When it comes to sex crimes, most people tend to think you are guilty until proven innocent instead of the other way around. Just being accused of such a terrible crime is enough to ruin your reputation, your career, and your family. And that is only the beginning. If you are convicted of a sex crime in Destin or anywhere in Florida, you will likely go to prison for a very long time and be forced to register as a sexual offender for the rest of your life.

One problem is, when faced with such a terrifying ordeal, it would be easy to decide that there is no hope. That there is no way to get around the fact that your life is over and you are going to prison.

Do NOT make this mistake. Just because you have been accused does not mean it is a sure thing that you will get convicted. What is necessary, rather, is that you answer with the right response, which is to fight back and do everything you can to save yourself. Hiring an experienced sex crime defense lawyer on your side may be a good start.

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What is an Arrest Warrant?

Posted by on Nov 8, 2014 in Criminal Defense | 0 comments

We often hear that there is a warrant out for a person’s arrest, which means that the individual names in the warrant is not yet in the custody of the police. But what is an arrest warrant and can one be out for you without your knowledge?

An arrest warrant is a document prepared by law enforcement that authorizes the apprehension of the named person. It has to be signed by a magistrate or judge, who will only do so if they are convinced in good faith that there is cause to believe that a crime has been committed by the subject of the warrant. In the warrant, certain specifications may be imposed, such as the crime, when and where the subject may be arrested, other restrictions, and bail (or in the case of a no-bail warrant, that no bail will be allowed, typically the case for “bench” warrants).

The document, which is actually a sworn affidavit, includes all the facts of a case that establishes the probable cause for the commitment of a crime by a specific individual. The affidavit cannot be couched in terms so vague that it could apply to more than one person. An example would be an application for a warrant that describes a middle-aged Caucasian male present at a liquor store at the time that a robbery took place that could refer to John Smith as well as Freddie Johnson. If the warrant is for John Smith, it doesn’t definitely identify John Smith as the only person who fits the description, unless the application further states that John Smith was identified by name by witnesses as the person who did the robbery. The judge or magistrate will sign the warrant if he or she is satisfied that there is sufficient evidence to justify the arrest the subject of the warrant.

An arrest warrant can be issued against you without your knowledge, and you will best serve your interests if you consult with a lawyer as soon as you are served with it and taken into custody. However, if you already believe that an arrest is imminent, it will not do to panic. As pointed out on the Flaherty Defense Firm website, the best thing you can do is to consult with a criminal defense lawyer to make your arrest as painless and stress-free as possible. An experienced lawyer will know how to work the system so that you will spend as little time in jail as possible such as by arranging for your bail with a bonds agent.

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