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Portland Criminal Law Blog

Facing DUI charges during a custody dispute

Our law office knows that parents face many challenges and there are certain experiences that can be especially tough, such as working through a dispute over the custody of your child. Unfortunately, additional hardships may arise during this time, such as drunk driving charges, which can be detrimental with regard to your case and may hurt your ability to spend time with your child. As a result, it is crucial for you to look into your different options and do your best to present your case well since so much is at stake.

Some parents are charged with drunk driving after getting behind the wheel while drinking too much due to stress or a sense of hopelessness following a divorce or during a dispute over custody. Unfortunately, even one-off mistakes can have an impact on the rest of a person's life. Moreover, some people are falsely accused of DUI or all of the details surrounding the situation are not revealed in the courtroom, which can also significantly impact one's future. During a dispute over custody, the court will take many factors into consideration when trying to determine which outcome would serve your child's best interests. If you are facing DUI charges, this could hurt your case tremendously, so your defense is paramount.

Deportation of undocumented immigrants with convictions

In the wake of the Trump administration’s executive order to focus on deporting undocumented immigrants, many continue to face an unknown future. In 2017, U.S. Immigration and Customs Enforcement received the order to target deportation nationwide. As stated in the order, the first people targeted by this initiative are those who have been convicted of a crime.

 

Memorial Day weekend and DUI charges

People find themselves accused of driving under the influence at all times of year, but there are certain occasions when these charges are more likely, such as during a holiday weekend. With Memorial Day weekend around the corner, many people are planning on celebrating with friends and relatives. Sometimes, these celebrations involve alcohol, which can increase the likelihood of someone getting behind the wheel intoxicated (even accidentally, in some instances). Unfortunately, drunk driving carries harsh consequences that can have a long-term impact on those charged with this offense and their loved ones.

It is crucial to stay off the road after drinking, but you should also be careful to look over your options in the event that you are charged with DUI. When it comes to drunk driving, no two cases are identical. In fact, there could be certain details related to your case that could make a favorable outcome more likely, which highlights the benefits of an individualized approach. Our law office understands that people may find themselves facing these charges for many reasons, even if they had no intentions of driving over the legal limit. For example, at a family party you may not be aware of the amount of alcohol that was in a particular drink being served.

Drunk driving charges and your job

Finding yourself behind bars for driving under the influence can be very upsetting on a number of levels, whether you worry about who will provide your child with the care they need or you have to miss out on important events that you have been planning on attending for a long time, such as a wedding. However, there are other ways in which drunk driving charges can turn your life on end, such as creating problems with your job. Unfortunately, losing a job over DUI charges can lead to a series of negative occurrences, whether they are financial or emotional in nature.

There are multiple reasons why DUI charges can be problematic with respect to your job or your entire career. Not only could you be let go once these allegations arise, but you may be unable to work in certain fields due to your record. Moreover, you could have greater difficulty during your job search in the years ahead. As a result, it is crucial to do all you can to handle your drunk driving charges appropriately. Sometimes, people who take the smartest approach are able to secure an outcome that is more advantageous.

What you should know about criminal appeals

Facing a criminal conviction in Oregon may feel like the end of the world, but you have the right to a fair trial. The team at the law office of David J. Celuch often provides advice to people who did not see justice served when they appeared in court.

An appeal is not a re-trial, and you are not going back to court for a do-over. However, the errors made by the judge or prosecution that led to your wrongful conviction will be addressed. According to the Oregon Department of Justice, you have the opportunity to explain to the court in writing exactly what happened, as well as the remedy you are seeking.

The role of cognitive bias in criminal convictions

Cognitive bias is a widely researched and accepted occurrence in the science of psychology. Anyone is susceptible, including police officers, forensic scientists, witnesses, lawyers, juries and judges. Cognitive bias has been found to be a common thread in wrongful conviction cases.

Cognitive bias is a mental shortcut that simplifies decision-making. We have developed mental shortcuts for many beneficial reasons including saving time and processing a lot of information quickly. Unfortunately, shortcuts are not helpful when deciding guilt in a criminal case.

Wrongful convictions and the psychological effects on women

Wrongful convictions happen every year in the United States. There were 139 exonerations in 2017 according to the National Registry of Exonerations. Exonerated individuals often face serious sentences for murder, sexual assault and drug crime charges.

Those wrongfully and rightfully convicted can face negative psychological effects of institutionalization. Inmates must develop coping mechanisms to deal with the demands of prison life. Even as free men and women, they may continue patterns of hyper-vigilance, distrust of others, over-control of emotion, emotional distancing, diminished self-worth and much more.

What is the BAC limit for drivers under 21 in Oregon?

When it comes to drunk driving, these charges can be especially hard for young people and their parents, as we have outlined on this blog. However, some may not be aware of the laws in Oregon, which can lead to devastating consequences. For example, someone charged with DUI may lose their driving privileges, which can present a whole host of challenges that interfere with daily life. As a result, it is important for parents and their children who are under 21 to understand the relevant laws in Oregon and any state they drive in.

According to the State of Oregon's official site, there is a zero-tolerance policy in Oregon with respect to drunk driving. Put another way, drivers who are under the age of 21 are not allowed to have any amount of alcohol in their system while operating a motor vehicle. With a BAC limit of 0.0, some young drivers may be completely unaware that they are breaking the law by driving with an extremely small amount of alcohol in their system. Unfortunately, this will not protect them from the potential consequences of drunk driving charges.

The problem with junk science at trial: The “Reverse CSI-Effect”

Science is a fundamental aspect of modern crime prosecution. Most courtroom science is related to evidence found at crime scenes and analysis of fingerprints, footprints, weapons, blood, hair and other similar items. These pieces of evidence are often used to prove in the eyes of the state that an individual committed the crime.

Experts in forensic science are called to testify in court regarding forensic evidence in particular cases. However, many unreliable expert forensic science testimonies involve junk science. Junk science is a term used for untested or unproven theories displayed as scientific fact. These experts often testify to methods of evidence analysis that are not scientifically proven. They may string together pieces of evidence, linking a person to a crime without proper analysis. Unreliable forensic science testimony is one of the top causes of wrongful convictions.

Facing DUI charges as a parent

In a recent post on our law office's blog, we looked at underage drunk driving charges from the perspective of a parent. However, there are other ways in which DUI charges can upend a parent's life and the lives of all their family members. For example, when a parent is charged with driving under the influence, life can become complicated for everyone in the household in an assortment of ways. If you are facing these charges and are unsure of what to do, it is pivotal to handle your case with care.

When a parent is charged with DUI, they may face stiff financial penalties, which can interfere with their ability to support their children financially. Moreover, some cases result in time behind bars and it can be especially hard for children to perform well in school and handle the fact that their parent is locked up. Aside from these consequences, it is important to look at all of the other ways in which drunk driving charges can be problematic as a parent. For example, you may lose your ability to drive, which could make it incredibly difficult for your child to get to school, participate in activities after class, or pursue some of their interests which depend on your ability to provide them with transportation.

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Portland, OR 97201

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