What happens if a soldier gets arrested on charges of child pornography?
He is facing felony charges. He is active duty military. He has no money for a civilian lawyer.
Justin’s Answer
If he has no money, he will have a right to a public defender.
At a sobriety checkpoint, police officers stop drivers at some regular interval whereby the drivers are briefly detained and those suspected of intoxication are assessed for signs of intoxication and impairment. Police officers do not have unfettered discretion to stop every driver at a checkpoint. There must be an established pattern for stopping motorists. However, the police do not need reasonable suspicion to stop a vehicle at a sobriety checkpoint in Missouri. These checkpoints can be set up at any time though they are common during weekends, holidays, late nights and early morning hours.
An alibi is a defense in criminal cases whereby a defendant demonstrates that he or she was somewhere else other than the scene of the crime at the time the alleged crime took place. In an alibi, a defendant is simply arguing that it is impossible for him or her to have committed the crime because they were at a different place at the time the crime was supposedly committed. A successful alibi rules out the defendant as the perpetrator of the offense
The right to a speedy trial ensures that the state brings an individual to trial among bound points in time. There are completely different points in time supported federal law and state law. If the applicable point in time passes, the litigator could assert that his or her right to a speedy trial has been denied which the criminal charges ought to be fired. in addition to guaranteeing the correct to associate degree lawyer, the Sixth change to the U.S. Constitution guarantees a criminal litigator the correct to a speedy trial by associate degree “impartial jury.” this suggests that a criminal litigator should be dropped at trial for his or her alleged crimes among a fairly short time once arrest, which before being condemned of most crimes, the litigator includes a constitutional right to be tried by a jury, that should notice the litigator guilty “beyond an inexpensive doubt.”
Probable cause refers to a legal standard used in the United States by the police to get a warrant for a search or arrest of a suspect. Grand juries use this for their indictments. It is the procedure used in prosecuting and arresting criminals and also to make searches which relate with their properties or personal issues.
In the state of Missouri, law enforcement officials are permitted to set up DUI checkpoints. Typically, these checkpoints are placed on busy roads and the officers involved will either stop every car that comes through or they will use a pre-formulated system to stop cars in a seemingly random manner. Once stopped, a driver may be asked to submit to either a field sobriety test or a breath test and if they fail, they will be arrested and charged with a DUI – even if they didn’t show signs of drunk driving before reaching the DUI checkpoint.
Under normal circumstances, when a police officer initiates a traffic stop in order to determine if someone is driving while under the influence, they first need probable cause to show that there was a legal reason for pulling the driver over. For example, if a driver runs a red light or is erratically swerving across lanes, an officer has a legal reason to pull them over. Then, based on their interaction with the driver, they may proceed with a field sobriety test or ask the driver to take a Breathalyzer test. Without probable cause, the stop and subsequent DUI can be legally challenged in court.
Knowing this, it’s easy to understand why so many Americans believe that DUI checkpoints violate the 4th Amendment.
The 4th Amendment states:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Basically, this protects Americans by prohibiting law enforcement from making searches and seizures without probable cause. When applying the 4th Amendment to DUI checkpoints, the following should be noted:
Despite this, the United States Supreme Court has ruled that DUI checkpoints are legal, as long as they meet specific criteria.
In order for a DUI checkpoint to be viewed as constitutional, the following criteria must be met:
If law enforcement fails to meet with this criteria it may be considered an unconstitutional checkpoint and anyone charged with a DUI may be able to use this argument as part of their defense.
If, while driving, you note that a DUI checkpoint is ahead and you can legally turn or make a legal U-turn to avoid the checkpoint, you may do so. However, there are almost always officers posted to specifically watch drivers who avoid going through a checkpoint and if you violate any traffic laws they will pull you over.
