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What is sexual assault?

Sexual assault’ covers a wide range of unwanted sexual behaviours that are often used by offenders as a way to assert power and control over their victims. There are many myths around what constitutes sexual assault, so find out the facts. If you’ve been sexually assaulted, you might experience a range of emotions and it’s important to know there are support services that can help you.

This can help if:

  • you want to know what sexual assault is
  • you want to know the myths and facts around sexual assault
  • you’ve experienced sexual assault and want support.
Teeanger with hoodie

What is sexual assault?

Sexual assault is any unwanted sexual behaviour that makes a person feel uncomfortable, threatened or scared. It covers:

  • Rape: forced, unwanted sex or sexual acts.
  • Child sexual abuse: using power over a child to involve that child in sexual activity.
  • Indecent assault: indecent behaviour before, during or after an assault.

Why do people sexually assault others?

Sexual assault isn’t always about offenders getting pleasure from sex. It can also be about them enjoying asserting power and control over someone. Some offenders have been abused themselves, but this isn’t always the case. Sexual assault is a serious crime and is never the fault of the victim.

Myths and facts around sexual assault

Myth: Only women can be sexually assaulted

Fact: Both men and women can be sexually assaulted. The offender can also be any gender, and of any sexual orientation.

Myth: Women often falsely accuse men of sexual assault to get attention

Fact: Most sexual assault reports are truthful. Many victims of sexual assault – both females and males – don’t report it for fear of not being believed.

Myth: Most rapists are strangers

Fact: Most offenders are known to the assault victim.

Myth: It’s not sexual assault if you’re a couple or married

Fact: Unwanted sexual activity in any relationship is assault.

Myth: If you’re drunk or wearing sexy clothing, you’re partly responsible

Fact: Sexual assault survivors are never, under any circumstances, responsible for somebody choosing to assault them.

How sexual assault might affect you

Everyone reacts differently to sexual assault. All of the following responses are normal:

Shock and denial

You might think, ‘Did this really happen to me?’ or ‘Why me?’, and feel unable to accept that it actually happened.

Fear

You might experience fear of the offender, of being alone, or of not being believed.

Silence

You might find that you’re unable to talk about the assault, or to describe what it feels like to have been assaulted, out of fear of being judged.

Anxiety

You might feel unsafe or unable to relax.

Depression

You might feel sad or depressed.

Guilt and blame

You might ask yourself, ‘Why did I go there/allow it/not fight back?’

Low self-esteem

You might lose self-confidence, and feel ‘unworthy’, ashamed or ‘dirty’.

Isolation

You might want to be alone, and to isolate yourself from family and friends.

Nightmares and flashbacks

You might have images and memories of the assault intrude on your daily life and sleep.

Mood swings

You might find that your mood changes quickly from anger and rage, to tears and despair, and back again.

Loss of confidence

You might worry about your ability to do your work or study, or lack confidence with friends or your partner.

Loss of trust

You might find it hard to trust people in your social circle or family.

What to do if you’ve been sexually assaulted

If you’ve been sexually assaulted, it’s not something you have to live with on your own. Here are some things you can do straight away:

Ensure that you’re safe

If you’re in immediate danger, or you’re worried about your safety, contact emergency services on 000 immediately and try to get to somewhere safe.

Talk to someone

Find someone you can talk to, such as a friend, family member, counsellor or youth worker. Contact an organisation in your state or territory that can give you relevant information on seeking help.

Get confidential help

Call the confidential 24-hour 1800 RESPECT line to talk with experienced counsellors. Have a look at sexual assault support for more information.

Get medical help

If you’ve been sexually assaulted, medical support is essential. If you can, try to get to a hospital or health centre where they can give you appropriate medical care.

Trust yourself

If someone has assaulted you, you may not feel confident about what to do next. Trust your instincts. Remember that it’s never okay for someone to assault you for any reason.

Know your legal rights

The laws relating to sexual assault vary from state to state. To find out about your rights, check out the criminal defence lawyer website.

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What is a firearm Offence?

Prosecutors aggressively pursue weapon and gun crime charges. If you have been arrested or accused of committing a crime involving a weapon or firearm, it is important to get experienced legal counsel to protect your legal rights. We are well-versed in the criminal laws that regulate weapon use and possession, and keep up to date on this ever changing area of the law. We use this knowledge to defend clients who are facing weapon and gun crime charges. We handle a wide range of weapons cases, including defence against charges of:

  • Being in possession of a firearm
  • Unlawfully discharging a firearm
  • Carrying an illegal and loaded firearm inside a vehicle
  • Unlawful sale of a firearm
  • Possession or sale of other illegal weapons such as switchblade knives, brass knuckles and martial arts weapons

What is a Weapon?

The term “weapon” is defined in section 2 of theCriminal Codeas follows:

“weapon” means anything used, designed to be used or intended for use

(a) in causing death or injury to any person, or

(b) for the purpose of threatening or intimidating any person

and, without restricting the generality of the foregoing, includes a firearm;

Whether or not an object will be considered to be a weapon by the Court may depend upon the design, or intended use of the object. Weapons might include: knives, baseball bats, and broken beer bottles. The Courts have also found unloaded BB guns to be weapons in certain circumstances. Because it is necessary to examine the intended use of an object, things that would not ordinary be considered a weapon, such as a chair, might become one if it is used to injure someone.

What are Prohibited or Restricted Firearms and Weapons?

The Criminal Code uses different language address both weapons and firearms. The Criminal Code addresses:

  • • Prohibited Firearms
  • • Restricted Firearms
  • • Prohibited Weapons
  • • Restricted Weapons

Prohibited firearms consist of handguns of certain barrel lengths, as well as those that are prescribed as prohibited firearms in the regulations. The detailed regulations under the Criminal Code list various types of handguns and automatic weapons.Restricted firearms include all handguns that are not overtly prohibited (often used at sport shooting competitions and clubs), certain guns with specified barrel lengths, and also a list of guns listed as restricted firearms in the regulations.Under the Criminal Code, weapons are to be distinguished from firearms.

Restricted weapons consists of any weapon, other than a firearm that is prescribed as such.Prohibited weapons include knives that have blades that open automatically, by way of a spring etc. (switch blades), as well as any weapons that are specifically prescribed as being a prohibited weapon.It is illegal in Canada to possess a weapon for any purpose deemed dangerous to the public’s peace.

As with any criminal offence, the penalties upon conviction of a weapons offence depend heavily on the circumstances and presence of any aggravating factors surrounding the offence. It also depends upon whether the mandatory minimum sentence provisions in the Criminal Code apply. There are a variety of weapons offences, and many offences – particularly firearm offences – carry minimum terms of imprisonment. The penalties if you are convicted of one of these crimes can have a devastating impact on your future.

There are some effective common defences to a firearm offence or other weapons offence, which is why it’s so important you hire an experienced criminal lawyer.

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Two Types of Manslaughter

What Is Manslaughter?

Manslaughter is the unlawful killing of another person that isn’t considered murder because of a surrounding or mitigating circumstance. Manslaughter is usually the charge of the prosecution when the killer did not plan to kill.

What Is the Difference between Manslaughter and Murder?

Manslaughter and murder are different when determining the defendant’s state of mind. The defendant state of mind when he kills defines the difference between murder and manslaughter. Murder usually requires malice, premeditation, and planning. Manslaughter is the unlawful killing of a human being without malice, but with conscious disregard to human life or recklessness and/or criminal negligence.

Murder is usually mitigated to manslaughter because of mitigating factors and circumstances that surrounded around the killing.

Two Types of Manslaughter

There are two main types of manslaughter, voluntary and involuntary.

1) Voluntary Manslaughter

Voluntary manslaughter is an act of killing that would usually be defined as murder, but the killing was committed in response to an adequate provocation. If there was adequate provocation that resulted in the killing, the criminal charges are reduced from murder to voluntary manslaughter.

Adequate provocation is something that is sufficient to incite a normal person to sudden and intense passion. Courts commonly accept these types of Adequate Provocation:

  • Conduct or act sufficient to deprive a reasonable person of self control
  • The provocation actually provoked the defendant
  • The time between the provocation and the actual killing cannot be long enough for reasonable person to cool off
  • The defendant actually never cooled off

2) Involuntary Manslaughter

Involuntary manslaughter is when a person unintentionally kills another person due to a lack of care. Involuntary manslaughter generally occurs on two occasions:

  • Where there is a death attributed to recklessness or criminal negligence
  • From an unlawful act that is a misdemeanor or a low-level felony

For example, in vehicular manslaughter, a death occurs during a traffic violation such as driving under the influence.

Seeking Legal Help

The difference between manslaughter and murder can be subtle. Since there is a great difference in punishment, you should consult a criminal defense attorney who understands your state laws and can help you formulate a defense.

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DWI AND DUI CHARGES

Drinking and driving can carry serious criminal penalties if you’re caught. However, the question of “What is the charge for a DUI/DWI?” depends largely on the state you’re caught in, your age, your number of previous offenses, whether there was any injury or property damage, and your degree of intoxication. Sometimes, the penalty will be classified as a misdemeanor, and at other times it will be a felony. But make no mistake, whatever penalty you face will be unpleasant and have lasting implications for your life.

If you are driving erratically, such as weaving in and out of traffic, running stop signs or red lights, or even running off the road and a police officer sees this, you’ll be pulled over and asked to take a field sobriety test. This test will involve you walking a straight line, touching your fingertips to your nose, and other balancing acts. If you fail these tests, you’ll be asked to take a breathalyzer exam, which will determine whether you are intoxicated and your degree of intoxication. You don’t have to agree to take the test, but you could be taken to jail and forced to give a urine or blood sample if you don’t.

Generally license suspension and revocation occurs for repeat offenders. Most states have implemented a comprehensive system of monitoring the driving privileges for an individual who has had his or her license suspended but who has been granted limited driving rights. These individuals must generally employ the use of a breathalyzer system that has been installed in their vehicle and that locks the ignition if the individual fails the breathalyzer requirements.

Some DUI/DWI convictions can be expunged. Depending on the severity of the conviction and the age of the offender at the time of the conviction, it may be possible to seal the information from public access. In general, this process, and any other issues surrounding a DUI/DWI offense will require the services of an experienced DUI attorney.

The court has some other ways too to punish a DUI convict. Some of them are detailed below:

Community Service: The court may punish by ordering you to serve the community; it is a common form of punishment in a drunk driving case. This gives violators the opportunity to pay back to the society for their criminal activity by doing something valuable for the society.

The court can ask you to tell about the consequences and dangers of DUI or can order you to clean up the highways. Even the jury can order you to do some charity work, especially for the DUI victims.

The number of days of community service varies from state to state, but it normally 150 to 600 hours. If the convict doesn’t want to serve the community, the offender can purchase the hours, it means the convict can pay instead.

Sheriff’s Labor Assistance Program (S.L.A.P.) Superior and Municipal Court Judges have the leeway of sentencing non-violent offenders to work instead of sitting in a jail cell. This labor includes serving nonprofit organizations, cleaning highways, park maintenance or other community based programs. Often nonprofit organization or government agencies utilize this program. But before ordering you to participate in a SLAP, your criminal record will be checked. Only minor offenders like convicted of shoplifting, drunk driving offenses etc. are allowed to participate in this program. Moreover, there are many rules and regulation; you will have to follow while serving your SLAP sentence.

Residential Treatment (Rehab): If you are a convict of repeated DUI crime, the court can order you to take part in a Residential Treatment Program. The offender has to spend some days as ordered by the court in the rehab that ranges from 10 days to 24 days. Such punishments provide a chance to the alcohol or drug addicts to start their life afresh.

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Gang Prevention Efforts

The prevention efforts targeted at limiting youth involvement in gangs is integral to promoting optimal individual and community well-being, specifically in those areas that are susceptible to gang activity. In recent years there has been an emphasis placed on evaluating gang prevention programs to discern effective approaches and providing a more comprehensive approach.

The Comprehensive Gang Model

The Comprehensive Gang Model developed by the OJJDP focuses on community prevention and intervention in balance with law enforcement suppression activities. The model involves five strategies for responding to gang-involved youth and their families. These include:

  • Community mobilization, the involvement of local citizens, including former gang members and community groups and agencies, and the coordination of programs and staff functions within and across agencies.   
  • Opportunities provision, the development of a variety of specific education, training, and employment programs targeting gang-involved youth.
  • Social intervention, youth-serving agencies, schools, street outreach workers, grassroots groups, faith-based organizations, law enforcement agencies, and other criminal justice organizations reaching out and acting as links between gang-involved youth and their families, the conventional world, and needed services.
  • Suppression, formal and informal social control procedures, including close supervision or monitoring of gang youth by agencies of the criminal justice system and also by community-based agencies, schools, and grassroots groups.
  • Organizational change and development, development and implementation of policies and procedures that result in the most effective use of available and potential resources to better address the gang problem. 1

An important facet to implementing the Comprehensive Gang Model in a community is to first assess the youth gang problem. This assessment includes collecting quantitative and qualitative data from community representatives such as law enforcement, school faculty, youth, parents, community leaders, probation officers, gang members, grass roots organizations, and local government. Data collected includes the perception of the gang problem as well as what the community considers as priority needs such as tutoring, jobs training, increased police presence, and mentoring for youth.2

Properly assessing a community’s gang problem significantly improves the development of an implementation plan. The plan should include goals and objectives based on the assessment findings and should address the five core strategies previously described. The OJJDP Comprehensive Gang Model Guide details the steps required for assessment and provides the necessary data collection tools.

Mentoring

An example of a gang prevention effort that has been widely utilized in the U.S. to promote positive youth development and help rehabilitate youth involved with a gang(s) is mentoring.3 Mentoring works on the foundation that youth benefit from close, enduring, caring relationships with adults.4  By providing adult support and guidance through adolescence, mentoring has been found to provide a range of benefits to both youth and mentors, including the prevention of juvenile delinquency and youth gang involvement. Mentoring is popularly used in school and after school programs, as well as in the broader community.5

While mentoring is a strategy that can be used to enhance positive youth development for all youth, it has also been utilized for rehabilitating youth who are already involved with gangs or the juvenile justice system. The Center for the Advancement for Mentoring held a webinar(link is external) focused on mentoring adjudicated and gang-involved youth for OJJDP Mentoring Grantees. The webinar includes information on common challenges and issues that these youth face (e.g., academic underachievement, limited adult support or engagement, experience with violence and abuse, and restricted availability to mental health services), addresses strategies used by mentoring programs, and provides resources for staff and mentor training. Additional information about mentoring can be found in the mentoring youth topic.

National Forum on Youth Violence Prevention

The National Forum on Youth Violence Prevention (Forum) provides an example of the comprehensive ways communities are addressing gang prevention through larger youth violence prevention efforts. The Forum is a network of communities from across the U.S. that collaborate, share information, and build local capacity to prevent and reduce youth violence. In many cases these violence prevention plans include a focus on gang prevention. Learn more about the Forum and the communities involved and view the Youth Violence Prevention Strategic Planning Toolkit for Communities, a helpful guide for community planning.

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Driving Under the Influence vs. Intoxicated

DUI is an acronym for “driving under the influence.” DWI stands for “driving while intoxicated,” or in some cases, “driving while impaired.” The terms can have different meanings or they can refer to the same offense, depending on the state in which you were pulled over. 

In any case, DUI and DWI both mean that a driver is being charged with a serious offense that risked the health and safety of himself and others. They can apply not only to alcohol and recreational drugs but also to driving when your prescription drugs impair your abilities. It’s also important to understand that one is not worse than the other and that both can have a big effect on your life.

Use of Terms DUI vs. DWI Differ From State to State

Depending on state law, the two terms are both used to describe impaired or drunken driving. Some state laws refer to the offense of drunken driving as a DUI while others call it a DWI.

It gets tricky when states use both terms. Quite often, they will refer one to alcohol and the other to impairment by drugs or an unknown substance and the meaning can flip-flop from state to state. In some states, DWI refers to driving while intoxicated of alcohol with a blood alcohol content (BAC) over the legal limit, while DUI is used when the driver is charged with being under the influence of alcohol or drugs.

In other states where both terms are used, DWI means driving while impaired (by drugs, alcohol, or some unknown substance), while DUI means driving under the influence of alcohol. It’s best to check the definitions of the state you’re in.

OUI and OWI

There are other acronyms for drunk driving. OUI, or “operating under the influence,” is used in only three states: Maine, Massachusetts, and Rhode Island. OWI is an acronym for “operating while intoxicated” which is used in some jurisdictions.

The “operating” distinction encompasses more than just driving the vehicle. Even if the vehicle is stopped and not running, someone can be charged with operating under the influence.

Blood-Alcohol Concentration Isn’t the Only Factor in Determining Impaired Driving

Any of these charges mean the arresting officer has reason to believe the driver is too impaired to continue to drive. In some jurisdictions, drivers can be charged with impaired driving (or driving under the influence) even if they do not meet the blood alcohol concentration levels for legal intoxication.

For example, if you fail a field sobriety test or otherwise show signs of impairment, you can be charged with driving while impaired even if your blood-alcohol concentration is under the legal limit of 0.08.

Drugged Driving Is Impaired Driving

If you appear to be impaired by the arresting officer, but your breathalyzer test shows that you are not under the influence of alcohol, he may suspect that you have been using drugs and this is impairing your driving ability. These include prescription and nonprescription medications in addition to illegal drugs. The officer can call a Drug Recognition Expert (DRE) to the scene—or he may be one himself—to perform a series of tests.2

If the DRE officer’s multi-step evaluation process determines that you are indeed under the influence of drugs, you can be charged with DWI or DUI. The charge depends on what the state calls the offense of drugged driving.

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Posting Your Own Bail: Can It Be Done?

If you or a loved one has ever been arrested and placed in jail, the first thing that probably came up was getting out. The Judicial system has created a way for defendants to avoid sitting in jail for weeks, or even months in some cases, while waiting for their court appearance. Bail was created as the solution to this problem, and makes it possible for defendants to spend the waiting period with their loved ones instead of in jail. But how do bails work and can you bail yourself out if you found yourself in jail? Unfortunately, there isn’t a straight answer to this question and many factors affect a person’s outcome.

bail bond armstrong bail bonds

What Is Bail?

Bail is considered a cash money temporary allowance that is used by the Judiciary system to hold defendants accountable for making their court date. The bail amount is sometimes set according to a sliding scale of various crimes. Bail can either be paid with money, a pledge of property or even a personal promise to return to court for all necessary hearings. If the defendant makes all of his or her court dates, bail is fully refunded once the trial is over. This occurs whether the accused is found guilty or innocent. However, if the accused misses a court date, the bail is not refunded and is forfeited to the court and a warrant is most likely issued for the accused’s arrest.

Factors That Affect The Cost Of Bail Include:

·       Seriousness of the crime

·       The accused’s criminal record

·       Risk level of the accused fleeing before trial

·       The accused’s financial standing

What Is A Bail Bond?

If the accused or their family cannot afford the cash money bail, a bail bond can be applied for and used to pay the bail amount. A bail bondsman is hired to pay the bail using what is known as a bail bond. The bail bond is basically a contract between the accused, the bail bondsman, and the court. In exchange for posting bond, the bail bondsman charges a non-refundable fee for their services. This fee is typically 10% of the total amount of bail, and the person who hired the bondsman will not get this money back no matter if the accused is found innocent or guilty. A bondsman also works with the court and usually includes a promise to them that they will pay the entire bond if the accused does not show up to court. The bondsman will usually set up a separate contract with the accused’s friend or family member who promises to pay the bond if the accused doesn’t do what they’re supposed to and the bondsman has to pay the court.

Can You Bail Yourself Out Of Jail?

If the accused is financially able to pay for their bail at the time of their arrest, they can bail themselves out and be the only cosigner. However, since bail is cash bail, the accused must have the full bail amount in cash on hand at the time. This is not necessarily plausible for most people and is not all that common. Posting a bail bond by a surety company is. If a friend or family member has the cash available, they can pay the defendant’s cash bail. However, if posting cash bail is not possible, people turn to a bondsman. While this is usually done by a friend or family member of the defendant, the accused may pay for the bail bond themselves in some cases. The circumstances that may make it possible to post your own bail bond include:

A first-time offense, long-term residence in the community, good credit score, currently holding a stable job, and if you own a home that is in your name and holds equity equal to or greater than the bail amount. However, if you do not have a job, you are new to the area, your credit is poor, and you do not have any family or friends in your community, the bondsman will most likely ask if they can contact someone else to see if they can help handle the bail bond process for you.

When You Should Hire A Bondsman

If you or a friend or family member does not have the cash to pay for the full bail amount, or you simply do not want to risk having some of or all of your money forfeited to the court for whatever reason, hiring a bail bondsman is the best course of action to take. Before hiring anyone, be sure to have a friend or family member read through all the contracts with the bondsman to make the best decision possible.

What Is Drug Addiction?

Addiction is a disease that affects your brain and behavior. When you’re addicted to drugs, you can’t resist the urge to use them, no matter how much harm the drugs may cause.

Drug addiction isn’t about just heroin, cocaine, or other illegal drugs. You can get addicted to alcohol, nicotine, opioid painkillers, and other legal substances.

At first, you may choose to take a drug because you like the way it makes you feel. You may think you can control how much and how often you use it. But over time, drugs change how your brain works. These physical changes can last a long time. They make you lose self-control and can lead you to damaging behaviors.

Addiction vs. Abuse

Drug abuse is when you use legal or illegal substances in ways you shouldn’t. You might take more than the regular dose of pills or use someone else’s prescription. You may abuse drugs to feel good, ease stress, or avoid reality. But usually, you’re able to change your unhealthy habits or stop using altogether.

Addiction is when you can’t stop. Not when it puts your health in danger. Not when it causes financial, emotional, and other problems for you or your loved ones. That urge to get and use drugs can fill up every minute of the day, even if you want to quit.

Effect on Your Brain

Your brain is wired to make you want to repeat experiences that make you feel good. So you’re motivated to do them again and again.

The drugs that may be addictive target your brain’s reward system. They flood your brain with a chemical called dopamine. This triggers a feeling of intense pleasure. So you keep taking the drug to chase that high.

Over time, your brain gets used to the extra dopamine. So you might need to take more of the drug to get the same good feeling. And other things you enjoyed, like food and hanging out with family, may give you less pleasure.

When you use drugs for a long time, it can cause changes in other brain chemical systems and circuits as well. They can hurt your:

  • Judgment
  • Decision making
  • Memory
  • Ability to learn

Together, these brain changes can drive you to seek out and take drugs in ways that are beyond your control.

Who’s Most Likely to Become Addicted?

Each person’s body and brain is different. People also react differently to drugs. Some love the feeling the first time they try it and want more. Others hate it and never try again.

Not everyone who uses drugs becomes addicted. But it can happen to anyone and at any age. Some things may raise your chances of addiction, including:

Family history. Your genes are responsible for about half of your odds. If your parents or siblings have problems with alcohol or drugs, you’re more likely as well. Women and men are equally likely to become addicted.

Early drug use. Children’s brains are still growing, and drug use can change that. So taking drugs at an early age may make you more likely to get addicted when you get older.

Mental disorders. If you’re depressed, have trouble paying attention, or worry constantly, you have a higher chance of addiction. You may turn to drugs as a way to try to feel better.

Troubled relationships. If you grew up with family troubles and aren’t close to your parents or siblings, it may raise your chances of addiction.

Signs of Addiction

You may have one or more of these warning signs:

  • An urge to use the drug every day, or many times a day.
  • You take more drugs than you want to, and for longer than you thought you would.
  • You always have the drug with you, and you buy it even if you can’t afford it.
  • You keep using drugs even if it causes you trouble at work or makes you lash out at family and friends.
  • You spend more time alone.
  • You don’t take care of yourself or care how you look.
  • You steal, lie, or do dangerous things like driving while high or have unsafe sex.
  • You spend most of your time getting, using, or recovering from the effects of the drug.
  • You feel sick when you try to quit.

When to Get Help

If your drug use is out of control or causing problems, talk to your doctor.

Getting better from drug addiction can take time. There’s no cure, but treatment can help you stop using drugs and stay drug-free. Your treatment may include counseling, medicine, or both. Talk to your doctor to figure out the best plan for you.

Hamilton DUI: What Are The Punishments?

Driving under the influence (DUI), driving while impaired/driving while intoxicated (DWI), drunk drivingoperating while intoxicated (OWI), operating [a] vehicle under the influence of alcohol or drugs (OVI) in Ohio, drink-driving (UK), or impaired driving (Canada) is currently the crime or offense of driving or operating a motor vehicle while impaired by alcohol or other drugs (including recreational drugs and those prescribed by physicians), to a level that renders the driver incapable of operating a motor vehicle safely.

Although most states categorize a first DUI offense as a misdemeanor, do not underestimate the serious consequences of your first DUI arrest or conviction. When you are charged with your first DUI, you need to understand the mandatory sentence and punishments associated, the nature of a DUI charge, and the long-term consequences of a DUI conviction.

Consequences of a First DUI Offense

Whenever someone picks up their first DUI, they immediately think they will get probation because it’s a first DUI offense. Most first time DUI offenders do get placed on some type of probation, however, the court can still order you to serve time in county jail as a condition of your probation. Even for misdemeanor offenses, you may be required to serve some jail time, depending on the laws in your state. In addition to mandatory jail sentences, virtually every state will suspend your license for a period of time, even for your first DUI offense.

Depending on your history, you may be able to apply for an occupational driver’s license or a hardship license so that you can still drive to work and school. Conditions of probation for a DUI charge usually include a substantial fine, court costs, probation fees, and urinalysis fees. Your total monthly payment can easily equal a small car payment. You will also be required to attend and complete drug and alcohol counseling and community service hours. 

Punishment for a First DUI

Generally, your first DUI charge will be considered a misdemeanor offense, and you will be punished with fines, community service, license suspension, and possible probation. However, other factors can change the level or nature of your charge resulting in enhanced sentences or penalties. For example, if you have an open container in your vehicle, you may still be charged with a misdemeanor, but your fine or mandatory jail sentence could be increased. If a child was present in the vehicle while you were driving, some states will elevate your misdemeanor charge to a felony offense, even if you have never had a prior drunk driving conviction. 

In addition to the criminal nature of a DUI, every DUI has an administrative element that can be just as painful as the charge itself. For example, before you are ever convicted, some states will automatically suspend your license if you refuse to provide a breath test. This license suspension is a separate suspension from the one that comes after a DUI conviction.

Driving under the influence is one of the largest risk factors that lead to traffic accidents. For people in Europe between the age of 15 and 29, driving under the influence is one of the main causes of mortality.[ According to the National Highway Traffic Safety Administration alcohol-related crashes cause approximately $37 billion in damages annually.[ DUI and alcohol-related crashes produce an estimated $45 billion in damages every year. Between attorney fees, fines, court fees, ignition interlock devices, and DMV fees a DUI charge could cost thousands to tens of thousands of dollars.[

Studies show that a high BAC increases the risk of accidents whereas it is not clear if a BAC of 0.01–0.05% slightly increases or decreases the risk.[

Traffic accidents are predominantly caused by driving under the influence for people in Europe between the age of 15 and 29, it is one of the main causes of mortality. According to the National Highway Traffic Safety Administration alcohol-related crashes cause approximately $37 billion in damages annually. Every 51 minutes someone dies from an alcohol-related crash. When it comes to risk-taking there is a larger male to female ratio as personality traits, ant isociality and risk-taking are taken into consideration as they all are involved in DUI’s.] Over 7.7 million underage people ages 12–20 claim to drink alcohol, and on average, for every 100,000 underage Americans, 1.2 died in drunk-driving traffic accidents.[

Domestic Assault Lawyer in Hamilton

What is domestic violence and abuse?

When people think of domestic abuse, they often focus on domestic violence. But domestic abuse includes any attempt by one person in an intimate relationship or marriage to dominate and control the other. Domestic violence and abuse are used for one purpose and one purpose only: to gain and maintain total control over you. An abuser doesn’t “play fair.” An abuser uses fear, guilt, shame, and intimidation to wear you down and keep you under their thumb.

Domestic violence and abuse do not discriminate. Abuse happens within heterosexual relationships and in same-sex partnerships. It occurs within all age ranges, ethnic backgrounds, and economic levels. And while women are more often victimized, men also experience abuse—especially verbal and emotional. The bottom line is that abusive behavior is never acceptable, whether from a man, woman, teenager, or an older adult. You deserve to feel valued, respected, and safe.

Domestic abuse often escalates from threats and verbal assault to violence. And while physical injury may pose the most obvious danger, the emotional and psychological consequences of domestic abuse are also severe. Emotionally abusive relationships can destroy your self-worth, lead to anxiety and depression, and make you feel helpless and alone. No one should have to endure this kind of pain—and your first step to breaking free is recognizing that your relationship is abusive.

Signs of an abusive relationship

There are many signs of an abusive relationship, and a fear of your partner is the most telling. If you feel like you have to walk on eggshells around them—constantly watching what you say and do in order to avoid a blow-up—chances are your relationship is unhealthy and abusive. Other signs include a partner who belittles you or tries to control you, and feelings of self-loathing, helplessness, and desperation.

To determine whether your relationship is abusive, answer the questions below. The more “yes” answers, the more likely it is that you’re in an abusive relationship.

Physical and sexual abuse

Physical abuse occurs when physical force is used against you in a way that injures or endangers you. Physical assault or battering is a crime, whether it occurs inside or outside of a family. The police have the power and authority to protect you from a physical attack.

Any situation in which you are forced to participate in unwanted, unsafe, or degrading sexual activity is sexual abuse. Forced sex, even by a spouse or intimate partner with whom you also have consensual sex, is an act of aggression and domestic violence. Furthermore, people whose partners abuse them physically andsexually are at a higher risk of being seriously injured or killed.

Emotional abuse: It’s a bigger problem than you think

Not all abusive relationships involve physical violence. Just because you’re not battered and bruised doesn’t mean you’re not being abused. Many men and women suffer from emotional abuse, which is no less destructive. Unfortunately, emotional abuse is often minimized or overlooked—even by the person experiencing it.

The aim of emotional abuse is to chip away at your feelings of self-worth and independence—leaving you feeling that there’s no way out of the relationship, or that without your abusive partner, you have nothing.

Emotional abuse includes verbal abuse such as yelling, name-calling, blaming, and shaming. Isolation, intimidation, and controlling behavior are also forms of emotional abuse.

Abusers who use emotional or psychological abuse often throw in threats of physical violence or other repercussions if you don’t do as they want.

The scars of emotional abuse are very real and they run deep. You may think that physical abuse is far worse than emotional abuse, since physical violence can send you to the hospital and leave you with physical wounds. But emotional abuse can be just as damaging—sometimes even more so.

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You will receive all the support that you require from your lawyer and from all other members of our team involved in your case. You will be excellently prepared for all hearings. We will do everything to boost your confidence as well. You will always be welcome to ask questions. Expect to receive detailed answers and full explanations without delay.

Your Domestic Assault Lawyer Hamilton will follow the initially set strategy and use their talent and skills to defend you in the best way possible. The focus will be on achieving the goals identified in advance. Rely fully on the hard work, knowledge and determination that the professional will put in.

Contact us to receive legal assistance for the domestic assault charges that you face.