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October 2014 Archives

Getting Read Your Rights

"You have the right to remain silent. Anything you say can, and will be used against you." The first lines of your Miranda Rights are fairly recognizable from movies or TV. If you are a fan of cop or lawyer shows, you probably already know it by heart. Having to be read your Miranda Rights is an important facet of criminal law, it prevents a person from unknowingly giving up their fifth amendment right, as well as serving as a preventative measure for law enforcement officers abusing an individuals ignorance of the law.

But We're in School Together!

As a firm that specializes in conflict crimes, a large portion of which are sex crimes, we receive calls on a variety of issues. One frequently asked-about topic is something commonly referred to as statutory rape, or sexual intercourse or contact with a willing individual under eighteen. This area seems to have the most myths and misconceptions, which we are going to debunk in this blog post.

But What About My Kids?

There is no doubt about it, raising a child--whether as a couple, a single parent, or a parent with very limited help--is a lot of work and can be difficult in the best of circumstances, let alone if you are facing criminal charges. Criminal charges can have far reaching consequences on many fronts, including whether or not you will be sentenced to a period of incarceration. We have many clients who state "but I can't go to jail! What about my kids?" This is a real problem that many people face. A period of incarceration, no matter how brief, can be expensive, and in some cases, effect whether or not an individual will be able to maintain custody of their children.

Drunk Math: When a Second OWI is a First, a Third OWI is a Third, and a Fourth OWI is Trouble.

When someone is charged with an OWI offense, one of the first obstacles is determining how many prior OWI-type offenses that individual has. While this may seem like task fit for a Sesame Street character, piecing together the complicated definitions of what constitutes a prior "offense" with the applicable time limits can often feel like advanced algebra. We at Nicholson & Gansner hope to offer some clarity on OWI "counting" to ensure that, if you are cited for operating a motor vehicle while intoxicated, your penalties are not increased for a prior offense that shouldn't be held against you.

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