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Criminal Law/DUI Defense Archives

What are some things you might not know about alcohol?

There are many things that people may not know about alcohol. For example, it doesn't actually impact the life cycle of brain cells, which means drinking too much won't actually kill your brain cells and make you dumb. In fact, some alcohol can actually be good for you. Red wine, for example, can prevent the onset of dementia, according to research.

Mens rea: The mental state behind the crime

"Mens rea" is the legal term that refers to the mental status, or "guilty mind," of the defendant at the time the crime was committed. It's what ultimately helps determine exactly what crime a person should be convicted of having committed, if at all.

Seek independent legal advice when the issue is personal

Attorney-client privilege is something in the American legal system that is held very dear. However, that privilege can get muddled in certain situations -- especially when the attorney is the counsel for your business.

Understanding when breath tests are inaccurate

For many drivers, roadside sobriety tests can be an aggravating experience. Not only is it difficult to deal with false accusations about your behavior, but the demand that you submit to a test that has a history of problems with accuracy may tempt you to become defiant or to even attempt to refuse a test. This is generally a bad idea because implied consent laws provide for stiff penalties even if you later prove to be sober after refusing the test. The important thing to understand before participating in a test is why it might be inaccurate. That way, you can work with your attorney to mount a solid DUI defense.

Rhode Island's Senate pushes bill to help mentally-ill defendants

Mental health issues are on the minds of the Rhode Island Senate as policy makers try to push through a package of reforms designed to encourage treatment of the mentally ill rather than incarceration.

DNA collection at your arrest: What you should know

Mandatory DNA testing of people under arrest: the police love it, but defenders of civil liberties say that it is helping decay the presumption of innocence, which has long been part of the bedrock of the United States legal system.

What can your defense attorney do at the lineup to help you?

In a previous blog entry, we've discussed some of the numerous the problems with eyewitness identifications. Let's address a specific issue involving eyewitnesses that many defendants have to overcome: the lineup.

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