The Law Office of Blackie Burak

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Determining Pain And Suffering In A Vehicle Accident

A pain and suffering claim is allowed in most states when being in a car accident or any accident. Since pain and suffering is not a damage that can really be calculated, it can sometimes prove difficult to claim. It is not something that can be seen by another person because they are not the one’s experiencing it. Surely enough, there could be symptoms of pain, but knowing the extent of the pain is only subjective to the person experiencing it. Managing pain is subjective to a person’s threshold. So, determining the severity of what the person is feeling proves… Read More

Criminal Defense Lawyer

If you have recently been arrested and charged with a crime, you may have been minding your own business only to later find yourself locked in a jail cell wondering how you got there. Perhaps you were pulled over by a police officer for a routine traffic stop such as speeding or running a stop sign, after which the officer suspected you of committing a criminal offense and then placed you under arrest. Regardless of the circumstances of your arrest, you have legal rights in the state of California and only an experienced and skilled criminal defense attorney  can enforce… Read More

Our Walnut Creek DUI Lawyer Addresses Taking the Stand in Your Case

Some of our clients ask our Walnut Creek DUI lawyer if they will need to take the stand in their case. No one can force you to testify in your own defense. Since the prosecution will cross-examine you if you do decide to testify, you should discuss your options with your Walnut Creek DUI lawyer. Sometimes, testifying might hurt your case while in other scenarios, you will need to take the stand so that you can clarify your defense. If you use either of the defenses of toxins or disconnect, you will need to testify. Toxin Exposure Home painters, vehicle… Read More

Our Walnut Creek DUI Attorney Discusses Anonymous Informants

If you are facing trial, a Walnut Creek DUI attorney may be able to offer you the representation you need. Anonymous informants are an often misunderstood yet important component to many DUI cases. Courts across the United States have differed on whether DUI stops based on tips from anonymous witnesses should be legal. The Supreme Court has not issued a direct decision on whether it is permissible to detain someone on suspicion of a DUI based on an anonymous tip. However, other cases provide context to such matters. Anonymous DUI Tips The Court held up the detention of a driver… Read More

How Your Napa DUI Lawyer May Use Reciprocation with the Jury

There are many strategies your Napa DUI lawyer may use when you take your case to trial. One of these is a psychological principle called the idea of reciprocation. Reciprocation refers to a give-and-take between the person offering a concession and the other party involved. In the context of a DUI trial, your Walnut Creek DUI attorney may do this by providing the jury with entertainment and information that makes the jury more likely want to provide something in return. The key is your lawyer’s attempting to do so before the prosecutor is able to try something similar. Entertainment A… Read More

Our Napa DUI Lawyer Lists Possible Reasons for Failing Field Sobriety Test

Clients sometimes tell our Napa DUI lawyer that they were not impaired but that they did not understand what they needed to do in order to complete a field sobriety test. Complex instructions sometimes mean that you innocently fail what should be a straightforward test. Additional Reasons for Failing FSTs Other possible reasons for failing FSTs might include Exhaustion, Poor coordination and Anxiety or stress. For example, our Napa DUI lawyer might challenge the validity of the horizontal gaze nystagmus test based on outside factors unrelated to impairment. This particular test has a history of various reasons that could lead… Read More

Our Walnut Creek DUI Lawyer on Aggravated DUI

Law enforcement in California has ramped up its awareness and enforcement of driving under the influence so much so that DUI is now one of the more commonly charged criminal offenses in the state. The least serious DUI charge with mitigating factors results in fines, license suspension and probation. However, if the circumstances of your DUI arrest indicate the presence of aggravating factors, you face increased penalties, a higher charge and perhaps even jail time. General Considerations California law provides for a range of possible sentencing for the same offense. Mitigating factors, while not excusing the offense, make the crime… Read More

The DUI Trial Discussed by a DUI Lawyer Concord CA Residents Trust

Our Walnut Creek DUI lawyer knows that taking a DUI case to trial can be a risky option for a defendant, especially when the defendant intends to testify. Anyone who is charged with a crime always has this option, but the accused often fares better in accepting a plea bargain when the state has a strong case. However, when prosecutors are using borderline evidence as a basis for the charge, sometimes taking a case to trial is the most prudent decision. Your Walnut Creek DUI attorney can be instrumental when making this choice, including coaching on what to expect from… Read More

How Our DUI Attorney Concord CA Helps You Understand Your Case

Our DUI attorney Concord CA will provide you with information in an effort to educate you about your case. He will review a number of factors with you, including the following: The basic meaning of a DUI or the related offense The elements of the offense: This includes what the prosecution needs to prove in order to convict you. If the prosecution fails to meet the burden of proof, you might be able to win an acquittal in your case. What you are facing in the criminal justice system: This includes understanding a plea agreement, alternative sanctions, the components of a trial,… Read More

Our DUI Attorney Concord CA Addresses Questionable Stops

Clients sometimes ask our DUI attorney Concord CA about questionable stops when the arresting officer might not have had a valid reason to make a stop. These include weaving across traffic lanes or driving too slowly. Courts across the nation have ruled differently, so ask our firm about applicable laws in the state. Veering across Lanes of Traffic In some cases, the authorities are allowed to stop a driver who weaves back and forth across the road. For example, in Kansas, the courts ruled that if the driver is speeding and crosses the center line three times, then the police… Read More