Alcohol and vehicular troubles are nothing new to collegiate athletes, unfortunately. So this story can be added to the others covered here. Notre Dame's Wide Receiver Michael Floyd was reportedly sentenced to a year of probation and cannot drive for 90 days following his guilty plea to a misdemeanor drunk driving charge. Once Floyd's license is reinstated he will have a device in his car for 180 days that will monitor Floyd's blood-alcohol level and will prevent the car from starting if his blood-alcohol level is too high. Floyd was arrested for driving while intoxicated in March in South Bend, Indiana. At the time of his arrest, his blood-alcohol level was 0.19%, which is more then double the legal limit. Any attorney in this position would likely be patting himself on the back. He seems to have some trouble maintaining the separation of driving and drinking, so perhaps his sentence is fitting and will help him focus on his talents.
In Indiana drunk driving is considered a misdemeanor crime. Had Floyd been arrested in New Jersey he would have instead committed a Title 39 motor vehicle violation rather than a crime. The minimum penalty in New Jersey for a DUI is 7 months loss of drivers license. Since his blood-alcohol level was as high as a 0.19% (New Jersey considers over a 0.08% blood alcohol level to be driving under the influence) he would be required to have a mandatory interlock device. This device of course would prevent the car from starting if his blood-alcohol level is too high. He would be stuck with the interlock device for six months after his license was restored.
There are many permutations of penalties and sentences you may receive depending upon the number of infractions you have on your record. It helps to have an experienced attorney on your side. If you have been charged with a DUI you should seek help from a licensed attorney immediately.

Unfortunately, an arrest of a student-athlete is infrequent but not uncommon. When the school's mascot gets arrested, while serving in his official capacity at the stadium, it is at least noteworthy. Apparently, the University of Cincinnati Bearcat mascot was arrested during a Saturday football game against the University of Pittsburgh. During the game that day, the weather was harsh as snow blanketed the stadium. While sitting amidst the falling snow, many fans were tossing snowballs for additional entertainment. Generally, both football fans and players are a hearty bunch, but due to safety concerns, it seems that the fans were warned to stop throwing snowballs. Hard snow and ice can easily injure someone who is not prepared to catch it or doesn't see it coming, in a crowd packed tight in stadium seats. A ball of ice could be used as a weapon. However, the Bearcat mascot did not heed that warning, and threw snowballs into the stands from his perch on a 6-foot high wall behind the end zone that was covered with ice and snow. In addition to hurting crowd members by pelting them with ice and snow, he could have fallen, injured himself and whomever he may fall upon.

When confronted by police, the Bearcat allegedly shoved the officer, both men ended upon the ground, at which point he was arrested for disorderly conduct. In New Jersey, this would give the student-mascot a criminal record. Further, he would be subject to fines and even a potential loss of driving privileges. The best thing the Bearcat can hope for is that he would be able to pay a fine to a municipal ordinance violation, and that he will be allowed to escape being saddled with a criminal record, or receive terms for expungement. While the visual of a mascot being led away in handcuffs may be humorous, it will be no laughing matter for this Cincinnati student when he appears in Court. It should also be noted that even the mascot is replaceable as Cincinnati had a "backup" mascot fill in the original mascot for the second half of the Bearcats defeat.

This sort of scenario, a row among fans or mascots at a stadium in any weather, provides a range of legal issues, personal injury or negligence claims as well as criminal charges. It is crucial for a skilled attorney to navigate this sort of legal minefield, so if you or someone close to you ever finds yourself in a situation like this, the very first thing to do, once your physical safety has been ensured, is to contact and retain an attorney immediately.

Braylon Edwards, it was reported recently, upon being pulled over in the early morning hours for having overly tinted windows, was charged with drinking and driving. In response, he first suggested that perhaps he might just leave the car and head on home (really?), then questioned the legality of police procedure which stopped him for the windows only to discover that he had been drinking, without performing a field sobriety test.

Putting Edwards' off the cuff analysis aside, there are two issues here regarding his legal situation. Firstly, he is on probation in Ohio connected to aggravated disorderly conduct charges. It is unknown whether his Ohio probation will be affected by a DUI arrest in New York. In New Jersey, for example, the DUI charge is under Title 39, which governs motor vehicles. It is not a violation of the criminal code unless there is an injury. Thus, it would be doubtful that it could be a legal setback his most recent charges occurred in New Jersey. DUI is a serious offense, however, and has been treated with appropriate gravity by the Courts in recent years, so it is possible that Edward's actions could have some impact on his probation where discretion is permitted.

Secondly, the overly tinted windows caused the police to stop Edwards. The police cannot arbitrarily pull over drivers, however if a car has very tinted windows, which are illegal, they can lead to a police stop, and the noticeable odor of alcohol provides the police officer probable cause to inquire about the driver's level of intoxication, and subsequently, to request that a driver step out of the vehicle.

If you are trying to stay out of trouble, drive a vehicle that will stay under the radar, and attract no attention. Perhaps professional athletes are not familiar with this approach to life. According to reports, should he receive up to a year in prison, he may find it harder to go unnoticed among fellow inmates. Further, spontaneous legal analysis of police behavior is ill-advised, and best left to the skilled attorney that you should immediately consult should you find yourself in any similar situation.

Whether it is New Jersey or California, a Municipal Court judge may order a person to serve jail time. In New Jersey, the longest a person can be sentenced to serve in jail is 180 days in Municipal Court. Naturally, jail time is not common for municipal offenses, outside of a mandatory sentence for a third DUI offense. The key word in all of this is "may," because the law does give a judge the authority to order jail time for things such as disorderly persons offenses. The statute puts a cap on the amount of time, but as anyone would imagine, most people do have an aversion to any prison time.

Lindsay Lohan makes the news by being sentenced to 90 days jail time because, despite her exquisite display of tears and remorse, she has blatantly disregarded the prior court orders. She has missed court dates and failed to comply with terms of her probation, and further, she has erred more than once. Lets hope the jail time is a wake up call to Ms. Lohan, even if she is released after serving a fraction of her jail sentence. If the wake-up call hits, perhaps her mandatory in-house substance abuse rehabilitation following jail might have a shot at being effective.

This Georgia attorney practices tax law, but he now will get an education in criminal law. According to his website, Mr. Tenney enjoys photography in his spare time. It seems that the hobby occupies his working time as well. A female employee of his allegedly found a camera hidden under her desk. Also a CPA, Mr. Tenney spend 2 hours in jail, before being freed on $10,000.00 bail.

This case is a good illustration of what it means for a defendant to be charged with numerous counts. Many people often wonder why some crimes warrant multiple counts. Does that make the crime more severe? This is a common misconception which an attorney can easily clarify and defend against.

The severity of a crime is measured in degrees. Though you might hear the terms "felony" and "misdemeanor" on Law and Order, these terms of art are not used in New Jersey. Instead, the terms "indictable" or "non-indictable" are used. For example, a 1st degree case is the most severe and a 4th degree the least with respect to indictable crimes. Non-indictable crimes are typically lesser crimes, and frequently occur in municipal court. Non-indictable crimes are classified as disorderly person offenses.

The phrase "multiple counts" refers to how many times the crime is committed. Each instance an accused person allegedly commits a crime equates to one count, even if it was the same victim and same action repeated. This surveillance case alleges that the victim was recorded on three different occasions. As such, there are three separate counts relating to the different dates on which the Defendant allegedly recorded the victim without her knowledge. A skilled attorney should be hired at the first possible moment, to sort through the requirements of each degree of a charge and whether or not there is proof that they are met, as well as the circumstances that generated the multiple counts.

A 17 year-old girl pleaded guilty to misdemeanor driving while intoxicated and criminally negligent homicide connected to a car crash that killed her boyfriend. She was driving drunk in the middle of the night, and crashed her car into a brick pole. She had a blood alcohol level of .13 % and was driving 56 m.p.h. in a 30 m.p.h. zone. Basically, she got behind the wheel of a car while drunk, and should have known that doing so could easily kill someone. Every state, including New Jersey, has its own requirements, definitions and terms for driving while under the influence of drugs or alcohol and the crimes that stem from that action. As always, it is crucial to consult an attorney well versed in those laws.

The Judge denied her youthful offender status and imposed a 6-month jail sentence reportedly because he had seen a picture she posted of herself on Facebook. The photograph was taken of her one month after the crash, and she posted it captioned "drunk in Florida." She could have gotten as much as 4 years in state prison, but the Judge reportedly felt forced to consider her young age and clear history.

Her drivers license is revoked, and following her jail sentence, she will be under electronic home monitoring for one year and on probation for five, during which she is not allowed to drink under its terms.

A judge wants to see a remorseful defendant regardless of the crimes he or she has been charged with or found guilty of, and evidence to the contrary is extremely damaging. The Judge is free to consider all factors that have any arguable relevance. Every defendant should keep in mind that the Judge wants to see that his or her encounter with the criminal justice system has taught a lesson and changed his or her behavior for the better. The Internet has created a new environment in which to evaluate a defendant's behavior, and it is completely public. There is a new way we are all being held accountable for our behavior, and the legal profession is aware, that is nothing new. The consequences can clearly be harsh, and it is yet another lesson young adults have to learn.

Braylon Edwards has had the rest of this week to practice with a clear mind for this Sunday's highly anticipated AFC Championship game. The Jets wide receiver, originally out of the University of Michigan, does not have to worry about jail time - what a relief! Though he did have to miss practice to appear in Court in Cleveland, Ohio on Tuesday to plead no-contest in person to misdemeanor aggravated disorderly conduct charges, he returned promptly to focus on preparation with his teammates.

The incident that led to these charges, of course, was punching a pal of fellow professional athlete, NBA Cavalier LeBron James, outside of a nightclub, while he was still a Cleveland Brown. He became a New York Jet player two days later. Judge Michelle Earley ruled that Edwards receive a $1000.00 fine, a 180-day suspended jail sentence, and that he be placed on inactive probation, meaning that he is not required to appear before a probation officer. Thankfully, his criminal record is otherwise clear, and though NFL Commissioner Roger Goodell could suspend him, an additional fine from the NFL is more likely disciplinary action.

In general, disorderly conduct charges usually provoke some sort of social disturbance, like fighting, public drunkenness, loitering, using loud and offensive language publicly, or somehow disturbing the peace. While in and of itself, disorderly conduct is not widely considered very serious, depending upon the circumstances and degree, jail time, community service and fines are all possible outcomes. Further, a disorderly conduct conviction could jeopardize your results if charged with any subsequent crimes.

Misdemeanors are usually low levels of crime convictions that carry less severe punishments, though jail time and heavy fines are certainly among the penalties. Misdemeanor charges are often included with more significant felony charges as a prosecutorial strategy. The facts and surrounding circumstances of your case determine what the prosecutor will charge and whether or not you may be convicted of a lesser charge or not.

Edwards initially pleaded "Not Guilty" and then changed his plea to "No Contest." In New Jersey, you may plead "Guilty," "Not Guilty," "No Contest" or "Mute" plea. Edwards, by doing so, acknowledged the charge but avoided admitting any guilt of the accused charge. There are pros and cons to each plea, depending upon the facts and circumstances of the accused, that may have a long term impact on your criminal record as well as your vulnerability to civil litigation.

Edwards is lucky in that his record is otherwise clean and it bodes well if in fact he wants to stay with the Jets. If you find yourself facing any charges like these, contact Chamlin, Rosen, Uliano & Witherington to ensure you go into Court prepared with the best legal representation possible.