Le Mars DUI-DWI Lawyer, Iowa

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LEGAL TERMS

INTERROGATION

A term that describes vigorous questioning, usually by the police of a suspect in custody. Other than providing his name and address, the suspect is not obligat... (more...)
A term that describes vigorous questioning, usually by the police of a suspect in custody. Other than providing his name and address, the suspect is not obligated to answer the questions, and the fact that he has remained silent generally cannot be used by the prosecution to help prove that he is guilty of a crime. If the suspect has asked for a lawyer, the police must cease questioning. If they do not, they cannot use the answers against the suspect at trial.

WARRANT

See search warrant or arrest warrant.

ACTUS REUS

Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For ... (more...)
Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For example, the crime of theft requires physically taking something (the actus reus) coupled with the intent to permanently deprive the owner of the object (the mental state, or mens rea).

LARCENY

Another term for theft. Although the definition of this term differs from state to state, it typically means taking property belonging to another with the inten... (more...)
Another term for theft. Although the definition of this term differs from state to state, it typically means taking property belonging to another with the intent to permanently deprive the owner of the property. If the taking is non forceful, it is larceny; if it is accompanied by force or fear directed against a person, it is robbery, a much more serious offense.

HUNG JURY

A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations ... (more...)
A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations with an assurance (sometimes known as a 'dynamite charge') that they will be able to reach a decision if they try harder. If a mistrial is declared, the case is tried again unless the parties settle the case (in a civil case) or the prosecution dismisses the charges or offers a plea bargain (in a criminal case).

ACCESSORY

Someone who intentionally helps another person commit a felony by giving advice before the crime or helping to conceal the evidence or the perpetrator. An acces... (more...)
Someone who intentionally helps another person commit a felony by giving advice before the crime or helping to conceal the evidence or the perpetrator. An accessory is usually not physically present during the crime. For example, hiding a robber who is being sought by the police might make you an 'accessory after the fact' to a robbery. Compare accomplice.

PROBABLE CAUSE

The amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a searc... (more...)
The amount and quality of information police must have before they can arrest or search without a warrant or that a judge must have before she will sign a search warrant allowing the police to conduct a search or arrest a suspect. Reliable information must show that it's more likely than not that a crime has occurred and the suspect is involved.

EXPUNGE

To intentionally destroy, obliterate or strike out records or information in files, computers and other depositories. For example, state law may allow the crimi... (more...)
To intentionally destroy, obliterate or strike out records or information in files, computers and other depositories. For example, state law may allow the criminal records of a juvenile offender to be expunged when he reaches the age of majority, to allow him to begin his adult life with a clean record. Or, a company or government agency may routinely expunge out-of-date records to save storage space.

JUSTICE SYSTEM

A term lawyers use to describe the courts and other bureaucracies that handle American's criminal legal business, including offices of various state and federal... (more...)
A term lawyers use to describe the courts and other bureaucracies that handle American's criminal legal business, including offices of various state and federal prosecutors and public defenders. Many people caught up in this system refer to it by less flattering names.

SAMPLE LEGAL CASES

State v. Dailey

... Jennifer L. Tampoya, What Works, What Doesn't: Revising DUI Laws in West Virginia to Reduce Recidivism and Save Lives, 111 W. Va. ... [4] Angela Carlisle, Staggered Sentencing for Repeat DWI Offenders: A New Weapon in the War Against Drunk Driving, 25 Hamline J. Pub. ...

State v. Dailey

... Jennifer L. Tampoya, What Works, What Doesn't: Revising DUI Laws in West Virginia to Reduce Recidivism and Save Lives, 111 W. Va. ... [4] Angela Carlisle, Staggered Sentencing for Repeat DWI Offenders: A New Weapon in the War Against Drunk Driving, 25 Hamline J. Pub. ...

State v. Myers

... Beckman, 944 P.2d at 759. Thus, the defendant maintained his 1983, 1987, and 1988 driving under the influence convictions were all eligible for expunction because after 1988 he went five years without a DUI conviction. Id. ...

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