www.riddlelawoffice.com – The Worcester County DUI OUI DWI defense lawyers at Riddle & Associates have defended individuals charged with drunk driving in Worcester County, Massachusetts. Learn more at http
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Although few may be able to cite the difference, there are real legal distinctions between charges filed for obscenity and indecency. Though it can be difficult to differentiate between the two, the legal differentiations are enough to make particular acts illegal and others protected by the First Amendment that guarantees the freedom of speech for all American citizens.
In part, the distinction is complicated by the non-existence of a federal law describing what exactly obscenity is. While the Supreme Court has made several important decisions regarding how obscenity should be defined, the federal level of legislation has not officially weighed in on whether or not these acts are legal, or defining what precisely these acts are. On the other hand, certain states have well-established obscenity charges, and judge according to a mixture of these laws and Supreme Court definitions.
Obscenity is clarified by three major standards that make up what is otherwise known as the Miller test. In 1973, the Supreme Court Chief Justice at the time argued that three important distinctive features must be present, otherwise a work, statement, or action can be considered obscene. These standards are as follows:
First, whether the average citizen would consider an act disgusting or not can be used to gauge obscenity.
Secondly, obscenity can be determined through the relationship between the sexual activity or representation in the work or act and state laws and legal precedents.
Finally, the quality of the work itself must be measured. According to the court, a work with serious political, social, or aesthetic worth, present with a theme and meaningful commentary, is not considered obscene.
For more information on differentiating between obscenity and indecency, contact a sex crimes attorney.
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Visit www.attorneychan.com for more information. As a former Assistant District Attorney and now criminal defense lawyer, Attorney Jason Chan has developed an aggressive approach to protecting his clients’ rights and letting them get on with their lives. If you would like more information or if you’d like to set up a free consultation, call 617-556-8220.
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www.maduilawyer.com Ph 508-587-7977 Highly experienced criminal defense lawyer for dui, oui, assault & battery, etc. Serving in Massachusetts Courts with zealous and highly successful legal representation for all clients.
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DUI tricks and tips can help reduce your risks of getting a DUI. Let’s face it. A DUI is serious business. You should never drive drunk. But even if you aren’t drunk and have had only a small amount to drink, you are still in danger of getting a DUI. There are some DUI tricks that you should know which can help reduce the chance of getting arrested and convicted of a DUI.
Search Your Car
We’ve all seen those cop shows on TV where the cops stop some guy and begin to question him. The guy clearly doesn’t know anything about his rights. He seems to be convinced that if he just helps the cops find evidence to convict him, then they will let him go. I know it makes no sense. The cops finally ask the guy if they can look in his car. The guy agrees. This is always the puzzling part, since the guy knows he has something in his car that he doesn’t want them to find. Sure enough, the open up the trunk and there’s a dead body in it. Imagine that.
Therefore one DUI trick is to search your car thoroughly, before you ever leave your house. After all, if you get into some trouble, that’s what the cops are going to do. You don’t want to get pulled over and have the cops find something in your car which incriminated you. For example, if they pull you over for a red light violation, you don’t want them to notice something in your backseat or the back of your truck which will get him starting an investigation for a DUI, for example. Start with obvious. Look at what’s in plain view. If a cop shine shines his flashlight in your car, what will he see?
You probably need to get rid of those empty beer cans in the back of your truck, leftover from that fishing trip. Or how about that stuff in your ash tray? What about that flask in your golf bag? Look in your glove box, all compartments, under your seats, under the floor mats, and in your trunk. Make sure that anything that could in anyway incriminate you is taken out of the vehicle. Sometimes DUI tricks can be the difference between going to jail, and going home to sleep in your own bed.
A businessman took some clients wine tasting, hoping to land a big account. While wine tasting, he didn’t swallow, but spit the wine out. He got pulled over. The cop smelled booze and asked the guy to take some tests. The guy’s balance wasn’t very good – overweight. So the cop failed the guy, arrested him, and handcuffed him in front of his clients. When they tested him at the police station, he blew.01 – almost stone sober. The guy lost the account and had to fight the DUI. This happens all of the time. If you don’t know how to play the game, you’re toast.
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