Then you made a move to take things to a more serious level, but they responded with shock. They were angry. They told you they didn't know what you were thinking, but that your actions were not warranted and not even wanted.
If you were surprised and confused, you're not the only one. For instance, one of the biggest complaints that women have is that men tend to read into their actions as flirting when women do not intend to be flirting with them at all. They just have an outward, happy personality. They may not even have realized how the other person was interpreting it.
Needless to say, this can get you into a lot of trouble. Maybe you spent weeks "flirting" with a coworker and then tried to kiss them. Maybe you made a physical move toward someone you just met at a party. Not only did the move not work, but they may accuse you of sexual assault. They could claim you made unwanted sexual advances for no reason at all -- when the reason is just that you badly misread the signals. You didn't intend to do anything malicious, but now it's too late.
If you do find yourself facing serious legal charges after a mistake like this, you must know what options you have.
]]>That said, some individuals are more likely to face charges than others. You may be wondering about the role that gender plays. Are DUI charges more common for men or for women?
The statistics make it rather clear that men are involved in drunk driving incidents more often than women. The Insurance Institute for Highway Safety (IIHS) notes that men take more risks on the road, and one of the examples they give is driving under the influence.
The National Highway Traffic Safety Administration (NHTSA) backs this up. When looking at deadly DUI crashes, for instance, they also say that it's more common for men to be involved than it is for women. The 2018 statistics indicate that about 14% of women involved in these fatal accidents were intoxicated, but 21% of men fall into the same category. That's roughly 50% more, a fairly significant increase.
One contributing issue could just be who tends to drive more often. If an opposite-sex couple goes to the bar and both are intoxicated, is the man or the woman more likely to drive the car on the way home? If men drive more often, they're naturally going to be exposed to more potential DUI incidents even if drinking habits between genders are otherwise the same.
Those who get arrested on DUI charges need to make sure they know about all of their legal defense options.
]]>Meanwhile, an eyewitness who seems confident tends to inspire that confidence in others. When they're sure of what they saw and able to give their account with conviction, the jury may take everything they say as a statement of fact.
But is it? Unfortunately, researchers have found that eyewitnesses are often wrong, even when they are confident. The way that they relate the information does not mean it should be trusted.
Sometimes, this happens because memories can change with time. A witness may have seen an event and then watched reports about it online. They may then "remember" details from the reports, making the mistake of assuming that they saw those things for themselves. In reality, they saw no such thing, but it becomes difficult to sort the details out and memories can change every time they are recalled.
It's hard to convince someone that what they remember is inaccurate. They trust those memories. The memories feel very real and reliable. That's why they can sound so confident, even when they are giving an account that is inaccurate and may later be overturned by DNA evidence. The witness isn't being malicious or lying. They're simply wrong without knowing it.
This is very important in criminal cases, when a conviction may hinge on these inaccurate accounts. Those who are facing serious criminal charges need to know about all of the legal options that they have to mount a solid defense.
]]>The distinction between these crimes is based on the severity of the crime. While many people tend to think of felonies as violent offenses, there are some crimes that fall under this classification that don't involve violence at all. Embezzlement, securities fraud and tax evasion are some examples of felonies that likely don't have violent elements.
Felonies are the most serious type of crime, and they come with some harsh penalties. Sentences for these charges can include at least a year in prison. Heinous crimes, such as first-degree murder, can come with life in prison without the possibility of parole. In some cases, these crimes can come with the possibility of the death penalty.
Some convictions will result in an alternative sentence to imprisonment. For example, a person might be placed on probation instead of having to go to prison.
On top of time in prison, there's also the possibility of fines and other penalties. Each crime has sentencing ranges to help guide judges who have to issue them. They take the person's criminal history and the circumstances of the crime into account when they're determining what's appropriate.
Because a felony conviction follows you around for life, you should ensure that you get to work on your defense quickly if you're facing one. The goal of your defense must play a role in the development of your defense strategy, so consider this carefully.
]]>There are several things to consider if you're interested in working out a plea deal. You'll have to plead guilty to the charge agreed to with the prosecution. This means that you must admit that you did the crime, so you should only enter into the plea deal if you admit that you committed the crime.
Another point is that once you formally enter into the deal in court, you can't appeal the conviction or the sentence. Part of the plea deal requires you to waive your right to appeal. You'll have to deal with whatever sentence the court hands down.
The charge you plead guilty to will be on your criminal record. One thing that you need to remember about this is that it is what potential employers, landlords and others will see if they do a criminal background check. In some cases, you might be able to work out a plea deal that results in a lower charge than what you were originally facing. This might look better in the future if your criminal history comes into the picture.
Remember that no two plea deals are exactly alike. Instead of thinking about what someone else worked out, you need to consider what's possible in your case. Your attorney can help you to determine this.
]]>One thing that matters is the content of the messages. The age of the participants of the texts and the subject of any photos also matter. It is illegal to share sexually explicit photos of anyone who is a minor. This is even true if the sender and recipient are both minors. You can face child pornography for sexting if part of that involves images that are crude or suggestive and contain minors -- even your own photo.
When two adults are sexting each other, there isn't a criminal element as long as both of them want the exchanges. If either person doesn't want it, then it can become a criminal matter. Because there aren't many laws specifically addressing sexting, people can face charges under laws for other things, such as harassment.
For a person who is charged with something related to sexting, finding out what defense options they have is a priority. There's a chance that they could be facing some serious consequences, so they must be sure to carefully consider what each option could mean for them.
Remember, if there is a minor involved in the matter, the penalties and charges can be much harsher than a case involving only adults. That factor must be a primary consideration when they're trying to determine what to do about their case.
]]>A primary factor in these cases is the defendant's intent. If you intend to do something that's going to cause someone else to fear you or something done in an effort to receive a specific outcome, you can be charged with terroristic threatening. There are several specific acts that fall under these laws. Examples of these include:
A person who actually does these types of acts can be charged with terrorism. This has even harsher penalties, and there's a chance that the federal government will be the one to charge the defendant. This means that there are some very strict penalties that can come for a person who's convicted.
For example, you face up to 10 years just for terroristic threats and up to life in prison for kidnapping. Because of these penalties, it's necessary for you to get your defense in order as soon as possible to ensure that you have time to consider all your options. Your defense attorney can help you find out what might be possible and to discuss your options with you.
]]>The severity of the penalties you face depends on how many convictions you have for drunk driving within a 10-year period. At minimum, you will have to participate in an alcohol or substance abuse program and your license will get suspended.
On a first offense, the license suspension ranges from 20 to 120 days and you'll have to go through a 90-day substance abuse program. All subsequent convictions in a 10-year span mandate participation in a one-year substance abuse program. The license suspension is 12 to 18 months on a second conviction, 24 to 36 months on a third and 60 months for a fourth.
On top of these, you might face incarceration and fines. In some cases, the court may issue an order for an ignition interlock device to be installed on any vehicle you drive. This includes work vehicles.
There are other issues that you might face because of a drunk driving conviction. Once you can obtain your license again, your insurance costs will skyrocket. Your employer might not be able to insure you to drive and you might lose your job if it requires a clean driving record.
Working with an attorney who's familiar with these cases is often beneficial. It's imperative that you consider all your options for a defense so that you can determine what's best for you.
]]>There are three scenarios that can lead to an arrest. These include:
There are times when an officer won't have what's necessary for an arrest. If they choose to take you to jail anyway, you may have a claim for an unlawful arrest. This might be part of your defense strategy so you should discuss the matter with your attorney.
When you think about your defense, you should review all the options you have with your attorney. Your defense must be based on facts, but there may be different ways to present the information that serves you better than others.
]]>One thing that the victim can do is recant their statement. When they do this, they are saying that they want to take the statement back. In some cases, they might opt to change their statement. While this might seem like a good thing, it might not make much of a difference in your case.
The victim can't drop the charges against you. In the criminal justice system, only the judge or the prosecutor can drop charges. If the victim recants their statement, the prosecutor might choose to dismiss the case if there isn't enough evidence to show what happened.
When there is other evidence that domestic violence occurred, the prosecutor might pursue the charges even without the victim's statement. This means you'll still have to defend yourself in court.
A false accusation of domestic violence can be hard to handle. If you're in this position, there is a chance that you wi ll be subject to a restraining order that prevents you from contacting the victim. Remember that this is still valid even if they recant. It may even remain valid if the criminal charges are dropped, so find out the specifics prior to contacting the victim.
There are many things that can happen when you face a domestic violence charge, including collateral consequences like being unable to hold certain jobs. Your defense strategy is one option that might help to minimize the way that your case impacts your life.
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