Showing posts with label criminal law. Show all posts
Showing posts with label criminal law. Show all posts

Find a Good DWI attorney in New York

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You must have been told at least a thousands times that you should not attempt to drive if in case you are drunk, or you are on drugs. But, when somebody gets into the close situation of Dwi, it becomes important to look for a dwi attorney.

In New York, the rule is getting ever stricter with persons who are convicted of drunk driving. If you are arrested for charges on Driving While Intoxicated or DWI for the first time in New York, you would be uncertain about the court proceedings that would follow after that. In that case, it is best to hire a New York dwi attorney. Dwi law in New York is very complex and you must take no chances. You can face hefty fines, probation, revocation of your license and a dramatic rise in your automobile insurance rates. You may even be sentenced to some jail time. Therefore, it is important to hire a defense New York dwi attorney who has experience in this area of law.

Same is the case in Minnesota. If you are convicted if dwi in the city then selecting a Minnesota DWI attorney you are making a difficult and important decision. The attorney you select will greatly influence your case no matter how strong or weak you believe your defense to be.

Once you're arrested for DUI in Texas, you will have to seek the help of a Attorney DWI Texas who is well furnished with all the state laws and traffic regulations. After you are caught, a copy of your license suspensions is sent to the Department of Motor Vehicles or DMV along with your sworn statement. If the authority finds no basis to suspend your license, then it will be issued back to you. Or if not, then you are in for trouble!

The first thing to do is to hire a Texas Dwi attorney who could do the hearing for you. It's your chance to plead your case and this is done by the Texas dwi attorney
on your behalf.

One of the most important factors that you should take care of while selecting dwi attorneys, in any city like Missouri, Maryland, Mexico, Massachusetts is that he should be an experienced dwi attorney. Experienced DWI attorneys understand the process, understand the law, and understand the system in place - all of which are critical to the potential success of your defense.

An experienced DWI attorney will understand which defenses work best, which defenses tend to be weaker and how to best present the defense. An experienced Attorney DWI will also know what works best with the judge assigned to your case and that could prove to be pivotal.

About the Author: Randell Rogfend is a father of three children who has had a long and fulfilling writing career. His passion is writing and he has contributed to countless newspapers, magazines and books. www.attorneydwi.ixvv.com The following site is his collection of articles about his latest interest: www.attorneydwi.ixvv.com/Attorney_Dwi_Texas

The Refusal Case

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When a California DUI suspect refuses to take a chemical test, both the DUI defendant and the prosecution are presented with challenges and opportunities.

California has a law called the informed consent law of chemical testing. What this means is that when you got your drivers license, you agreed (although you probably did not realize it at the time) that in exchange for the state giving you your drivers license, you agreed to submit to a chemical test. This law means that the state does not need a warrant or other court order to have you submit to a chemical test.

If a DUI suspect is arrested and after arrest is given the opportunity to take a chemical test such as a breath, blood, or urine test, and refuses to take any chemical test, the DUI suspect will be charged with
an additional crime of refusing a chemical test.

The DUI suspect who refuses to take a chemical test gains some advantages by refusing. The prosecution does not have a blood level number to rely upon and has the more difficult job of proving impairment as defined in California's jury instructions. However, this is of limited value.

Many DUI defendants are charged with refusal because at the time they were asked to take a chemical test, the DUI defendant believed that they had the right to speak to a lawyer. While this may be the law in some states, it is not the law in California. This mistaken belief has lead to many refusal cases.

In many DUI cases, the defendant agrees to take the voluntary field sobriety tests while refusing to take the mandatory chemical test. What this means is that in many refusal cases, the prosecutor still has evidence of impairment through the officer's testimony about the DUI suspects performance on the field sobriety tests.

Another common error DUI defendants make is to assume that by submitting to the preliminary alcohol screening (PAS) test, that they have satisfied their obligation to give a chemical test. In some cases, under the right facts, this can be a winning argument. However, in most cases, the refusal will still be charged.

Prosecutors and judges can be very hostile towards a DUI defendant who has refused a chemical test. This hostility can be expressed in increased jail time and extended alcohol education programs.

If the DUI defendant decides to go to trial and is found innocent of the charge of driving while intoxicated, than the defendant can't be found guilty of refusing a chemical test.

During the trial, the Jury will be given an instruction that the act of the DUI defendant refusing to take a chemical test is evidence that the DUI defendant was conscious of his own guilt of the charge of DUI. In some cases and before some jurors, this can pose a significant challenge.

Given the challenges and risks to both the prosecution and defense, many refusal cases are settled with some charge to the defendant. In cases where the facts on impairment have been favorable or there have been other defects in the prosecution's case, I have been able to obtain reductions to wet and dry reckless with a dismissal of the refusal allegation.

It should be emphasized that persons under the age of 21 face very severe penalties for refusing a breath test.

This article is not meant to advise anyone to refuse to submit to a chemical test. I advise almost everyone that it is in their interests to submit to a chemical test. This article is also not a warranty of a result in your case. All cases are different.

Author Bio: DUI Lawyer Kenton Koszdin of Los Angeles County, California DUI attorney has helped many people in Los Angeles and surrounding counties to save their drivers license and preserve their driving privileges from Drunk Driving Offenses

Criminal History Federal Arrest Records

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Arrest Records Online: I'll list some of the most popular things people tend to look for in public records. Regardless of who may take a look at your arrest records, you need to see it for yourself so that you are ready to explain and justify its contents. There are a number of websites on the Internet that offer state repositories for your perusal, which can save you a lot of costs. Since these are state repositories, there will be no need to go from one county to another to look for arrest records. As long as you are able to provide the precise personal information required, getting to arrest records should not pose a problem for you.
Manually obtaining arrest records by going to the county office and filling out application forms may even take as long as thirty days of processing. If you choose to go with online arrest records, you can receive your request in as little as three days. Make sure that you are aware of the basic laws of your state regarding arrest records and count yourself lucky if you reside in one of those states that restrict the discharging of non-conviction records to the public.

Arrest Records Bristol:
In such a context if any errors are there in the online criminal records they will seriously effect the reputation of the person involved. Criminal records come in two different types public and non-public records. See free military records service The amount of days that the piece of paper allows you to drive is different depending on the state you were arrested for DUI in but typically it's roughly about 10 days. So ten days after your DUI arrest you will lose your driving privilege UNLESS you file for a DMV administrative hearing which the details should be listed for you on that piece of paper.
You do not need a DUI lawyer to file this for you or anything like that. Even if you end up canceling the hearing later on it's a good idea to go ahead and schedule one. What this will do is extend your driving privilege until the hearing actually takes place. Depending on how backed up the DMV is with these driver license hearings it could be months... and you will be allowed to drive for these months..

Find Arrest Records
Criminal records come in two different types public and non-public records. The idea here is to assume that you will prosecute your own case (even if you aren't) and write down any laws that you think would help your situation. More at idaho public marriage records Site access is free although some of the linked sites may charge a user fee.

Arrest Records List
Whether it is researching old lawsuits or judgments against the party or finding out if they have a criminal record the information can be invaluable when it comes to helping you with your current case. Courthouse arrest records can help you find interesting information about anyone. Perhaps you want to know more about a coworker, a search through some basic courthouse arrest records may be in order. The courthouse arrest records that you search through can turn up information about lawsuits the person has been involved in and can also tell you if they have had any judgments against them. You can search courthouse arrest records and find out if your coworker has ever filed for bankruptcy or had tax issues. You can even learn through courthouse arrest records if a lien has been placed on the property of the person you are interested in learning more about.. See http://www.arrestrecordslegal.cn/marriage-record/military-records-identity-number.php Searching through bankruptcy court records is a great way to do a background check on a company or business that you are considering doing business with.

About the Author: Jenny is an expert in georgetown de record arrest for over 20 years. More sources at http://www.arrestrecordsfile.cn/public-divorce-records/free-public-records-auditor-carroll-county-ohio.php

Orange County Defense Attorney Firm

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Orange county criminal defense lawyers play the dominant role in the market. Criminal lawyers play the essential role in the market and huge number of clients who are involved in the activity of criminal. The responsibility of criminal defense lawyers pertains to be higher. Orange county criminal defense attorney provides excellent services to the client for reasonable prices. Criminal defense lawyers are available in more numbers and they provide service with regards to proper guidance and profession. Orange county criminal attorney will handle all kinds of criminal cases of the state clients.

Criminal defense lawyers comes under different categories and they are categorized as Orange county DUI attorney, Orange county defense attorney, Orange county Burglary Attorney, Orange county DMV lawyer, Orange county Abuse attorney, Orange county dui attorney, Orange county Felony attorney, Orange county Drug lawyer and many other kinds of criminal lawyers are available in the market. Orange county criminal defense lawyers are licensed lawyers and they provide lawyer service. Each defense lawyers follows some of their procedures and finally makes the people to be relived of the crime. Criminal lawyers defend the criminals for reasonable and affordable price consideration.

Orange county criminal lawyer are available in all over the states and they all provide the excellent services either individually or group. Criminal defense lawyers team helps to defend the clients who are arrested has criminal under court of law. The arguments and proceedings of the criminal defense lawyer will be different from individual to another. With regards to various statute and laws of the state and federal government, criminal defense lawyer will handle the case differently. Generally, orange county defense lawyer should have obtained license in the state to perform the function of defense lawyer.

As per the responsibility, the orange county defense attorney will perform the service as per arrestment of the client for the criminal activity. When the client has been arrested for any accuse, then the client will be defined under category wise. In Orange County there are huge number of defense lawyers available and each attorney compete with each other. Defense lawyers are the person who represents themselves for the criminals or accuse and they works legally and lawfully for the clients of different states. Generally, defense lawyer satisfies the requirement of the client and enables the client to come out from the site.

About the Author: Ronvictor is a Copywriter of Orange county criminal lawyer. He written many articles in various topics such as Los Angeles County criminal law attorney, robbery attorney. For more information visit: www.criminaldefenseteamusa.com. Contact him at ron.seocopywriter@gmail.com

I've Been Charged. What Can I Do To Help Myself?

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Why me? How could I let this happen? If I could only go back and undo what I did. It is only natural to engage in this thought process when you've been charged with a criminal offence. Such sentiments may be echoing repeatedly in your mind. You may even feel that you cannot stop them. However, you must in order to help yourself.

Begin by recognizing that this thought process creates feelings of helplessness and is disempowering. If you are reading this, then you are likely seeking to understand your predicament and trying to gain some measure of control over the situation. This is a major step in the right direction.

Gaining control over your emotions and thought process is essential. It is the first step in the journey ahead. Doing this will allow you to think clearly and make effective decisions. Whatever has happened to bring you to this point has already transpired. There is no benefit to re-living it and judging yourself. Accept that it has happened. You now face a challenge that you must confront.

Take a piece of paper and write "To my lawyer" at the top of the page. This will preserve the privileged nature of the document. Write down in as much detail as possible (do not worry about including irrelevant facts) everything that happened during the incident that lead to the charge. If you feel there is relevant background information then include it. Also, make notes of any questions and concerns that come to mind. This exercise serves several purposes. It preserves your memory of the events that you may be required to testify to many months down the road. It gives your lawyer a complete and accurate understanding of the situation. It helps you clarify and articulate your thoughts.

The next task is to find the right lawyer. This may seem to be a formidable task. After all, what do you know about the law? Knowledge of the law is not something you need to find the right lawyer. You are able to determine whether you like someone. You are able to judge whether you like the person's approach. You are able to assess a person's communication skills. You are able to appreciate how much time that person has or has not spent with you. Use these factors to guide you. You have a lifetime of experience dealing with people. Rely on it. Trust your instincts. Trust yourself.

Keep the channels of communication open. A lack of communication between a lawyer and client often leads to misunderstandings and a breakdown in the relationship. It is the lawyer's responsibility to keep the client well-informed and updated on a regular basis. But you can and should pick up the phone anytime you have a question, a concern, an idea, or just want to know if there's been a development in your case. A good lawyer encourages this type of contact and will make himself available to his clients. Make sure your lawyer subscribes to this philosophy and take advantage of it. The more communication you have, the better informed you and your lawyer will be. As a result, your lawyer will be able to provide more meaningful advice and you, in turn, will provide better instructions to your lawyer. In the end, you will be more satisfied with the level of service you receive from your lawyer.

Be proactive in the development of your case. Be prepared to be involved in the building of your defence. As brilliant as your lawyer may be, he does not have a first-hand knowledge of the facts. You do. You were there. The facts are everything. A good lawyer recognizes this and will set out to master the facts. To do this, he must involve you in the process. Review the evidence with your lawyer. Comment on what you agree with, what you disagree with, what you think might be missing. Share your ideas. You may come up with something your lawyer hasn't thought of.

Finally, maintain a positive attitude. Negative feelings will creep up from time to time. This is natural and to be expected. However, do not let them interfere with your focus. Simply acknowledge them then put them aside. A positive attitude will allow you to effectively process information and advice from your lawyer; to give proper instructions to your lawyer; to convey your concerns; and to generally be useful in your defence.

Keep in mind, as bad as it seems now, you will get through this.

About The Author
Copyright 2006, Tushar K. Pain - Tushar Pain is a Criminal Defence Lawyer practicing in the Greater Toronto Area, Ontario, Canada. He represents people charged with serious criminal offences including drunk driving, domestic assault, theft, fraud and sexual assault. To learn more visit Tushar's website at TorontoCriminalDefence.com.

Finding the right DUI lawyer for you

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Finding the right drunk driving lawyer for you

By: Paul Stanko

Finding the Right Drunk Driving (DUI DWI OWI OUI) or Drunk Boating (BWI, BUI) Defense Attorney
10 questions to ask attorneys during your first consultation concerning your DUI:
  1. How many years have you handled DUI cases?
    (You need a DUI lawyer, not a general practitioner. Ask about experience as a prosecutor or judge as well as defense experience.)
  2. Do you devote most of your practice to the defense of drunk driving cases?
    (Indiana does not recognize "specialties". Ask whether the attorney "concentrates" his practice in DUI defense.)
  3. Have you tried (and/or presided over) at least 25 DUI trials?
    (DUIs are different from other criminal cases.)
  4. Are you familiar with field sobriety tests, breath testing, and constitutional law involving vehicle stops and defendants' rights?
    (Drunk driving defense involves many complex constitutional issues. This knowledge is an absolute must.)
  5. Have you obtained any special training in criminal defense since law school?
    (All attorneys must get CLE (continuing legal education) each year, but has this attorney gone above and beyond the minimum? Has his training been in criminal defense as opposed to other areas of the law, like divorce or real estate?)
  6. Have you taught criminal law courses, given seminars, or trained other attorneys?
    (Your attorney should be respected by others for his knowledge of his field.)
  7. Have you handled criminal appeals?
    (Appellate attorneys are skilled at identifying and arguing legal issues, which is especially important in pre-trial motions.)
  8. Do you charge "flat fees" based upon the type and seriousness of a case?
    (Many attorneys charge "retainers" that only cover so many hours of work, or charge extra for trials. When the retainer is used up, they bill you hourly.)
  9. Are you a member of the National Association of Criminal Defense Lawyers?
    (Ask about other professional and academic associations as well.)
  10. Will you be handling my case personally?
    (Surprisingly, some attorneys "pawn off" their clients to "associates" and "assistants". "Less important" hearings may be handled by other attorneys. If the answer to this last question is not "yes", none of the previous answers matter!)
About the Author: Paul Stanko - Attorney Paul Stanko is an Indiana criminal defense and Indiana drunk driving defense lawyer with over thirty years experience. After starting his legal career as a prosecutor in Starke County and Lake County Indiana, he served over seven years as a presiding judge in the Superior Court of Lake County. He was admitted to the Indiana Bar in 1979 at the age of 23 and became a judge at the age of 30. He represents persons accused of drunk driving (DUI, DWI, OWI, OUI) and boating while intoxicated (BWI, BUI) throughout the entire State of Indiana, from offices in Crown Point and South Bend. Read more: http://www.articlesbase.com/criminal-articles/finding-the-right-drunk-driving-lawyer-for-you-3364662.html#ixzz1132C4VYw - Under Creative Commons License: Attribution - Article Source: http://www.articlesbase.com/ - Finding the right drunk driving lawyer for you - (ArticlesBase SC #3364662)

Lawyers - What to Look For When You're Seeking a Lawyer

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Lawyers - What to Look For When You're Seeking a Lawyer

By: jamesrake

Anyone who's seen episodes of "Perry Mason" or "Law & Order" may think they know what a criminal attorney is and does. However, if charged with a crime, a person needs a real-life criminal lawyer who knows how to defend them according to local laws. If it is your first time having to face the law on criminal charges, you will not know what to do. Innocent or guilty, you have the constitutional right to the attorney of your choice. Because of the vital importance of your situation, it is equally importance to obtain the services of an experienced, local attorney.

Finding a good lawyer can be a tough job yet your decision about who to represent your case can determine whether you win or lose. In the cut and dried world of Canadian law, it does come down to winning and losing a case. If you're facing an immigration hearing, you need an immigration lawyer, or an employment lawyer for a wrongful dismissal hearing, or a criminal lawyer if you're facing serious criminal charges in Canadian Courts. This articles has some tips on what to look for in a competent lawyer.

Driving Under Influence is a serious criminal offence. It demands representation from an experienced criminal defence lawyer.A crime is an act committed in violation of a public law forbidding or commanding it. Criminal law involves prosecution of a person by the government body for an act that has been classified as a crime by the state laws. Criminal cases include both grave offenses like murder and rape, to less serious offenses like theft or trespassing. Criminal laws vary from state to state and it is very complex. If you are accused of a crime, you will need to look for a good criminal defense lawyer to help you.

Everybody - except lawyers themselves - thinks solicitors and their ilk are paid far too much, but how much is too much for the amount of intelligence, experience and training a member of the public has at their disposal when they consult a qualified solicitor? Of course, as in any profession, specialisation and experience play a part in an individual's ability to ask or expect higher pay than a colleague without such a background. If you have received a speeding ticket and decided you have ground to fight it, you might want to consider the idea of hiring a traffic offense attorney. Many times an attorney will help you beat the speeding ticket and save you money and points on your driver license, while other times an attorney will help you keep your freedom.

If you think that only murders, accidents or other matter related to law require representation for the courts, think again. There are so many different crimes that you can be accused of these days that can lead you into the courts on criminal charges.A reader asks: "How Do I Know if I Should Plead Guilty to the Charges Against Me?" The short answer is: If you are not a criminal defence lawyer, and you have not reviewed the evidence that the police and Crown attorney have about your case, YOU DON'T KNOW. A criminal defence lawyer does a lot more for his or her clients than conduct the trial.

There can be a number of pitfalls when first appointing a solicitor or lawyer to handle your legal affairs. First and foremost you need to be sure that the person appointed has the right experience and time to give the proper attention to your work. There are some things that you should look out for which is explained further in this article.

Personal injury can be devastating in many ways. It can also affect the mental strength of the affected and can cause even more grief to friends and family. Getting legal advice on a matter as critical at this especially at a point when there is likely to be emotional problems is very important. Finding a lawyer who is trustworthy is difficult but never impossible.

About the Author: jamesrake: legal advice - criminal offence - Article Source: http://www.articlesbase.com/ - Lawyers - What to Look For When You're Seeking a Lawyer - (ArticlesBase SC #3368208)

Ways You Can Sabotage Your DUI Case

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Ways You Can Sabotage Your DUI Case

By: William Bly

You can be your own worst enemy in your driving under the influence, DUI, case, especially if you do not seek the help of a professionally trained DUI attorney as soon as possible in your case. Without the help of someone who understands state laws and statutes that apply, you could jeopardize your freedom and your future with some simple mistakes that we could all make under the same circumstances. Instead of falling apart during this confusing time, get the help you need, and do what you can to achieve the best possible outcome in your case.

Note: Every case is different, and what works for one individual's DUI case may be wholly inappropriate for another case, even one that seems similar from the outset. It is critical to get the facts from a professional every case, every time. Very few cases of individuals representing themselves have favorable outcomes for the defendant, even though the prosecution still has the burden of proof in these cases.

Hire A Professional

According to your constitutional rights, you have the right to have competent counsel when you are charged with a crime. Miranda rights give you the right to counsel even if you cannot afford to retain the services of an attorney out of your own budget. As soon as you are arrested for DUI, it is important that you get help from a DUI attorney who understands the charges against you, and can advise you as to how to proceed from that point onward in the case.

Whether you have a court-appointed attorney or hire one yourself, consult with your attorney right away to learn what is best to begin building a successful defense in your case. There are limited timeframes for making certain moves, such as those dealing with the Department of Motor Vehicles in your area, and missing a deadline can have disastrous results in some cases. It can lead to the introduction of damning evidence, loss of driving privileges, and more.

Listen To Your Attorney

Even those who have been charged with and convicted of this type of offense before should listen to what their attorney has to say in this matter. You may learn something new every time, or may discover something that can make a huge difference in the outcome of the case. It takes years of schooling to become a professional DUI attorney, so put that expertise and knowledge to good use.

Your attorney will understand the many nuances in a DUI case; even one that looks cut and dried to the average layperson. Evidence may be suppressed, witness testimony could be discredited, and test results may be questionable. Listening to your attorney could be the major difference between achieving the most favorable outcome possible in your case and sabotaging yourself irreparably.

This information is provided solely for informational purposes and does not constitute legal advice.

About the Author: William Bly of The Law Office of William T. Bly is a defense lawyer who focuses a significant part of his practice on drunk driving related issues. To read more information, visit the firm's website today. Under Creative Commons License: Attribution (ArticlesBase SC #3311808)

DUI and Medications

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Getting A DUI Seattle From Taking Medications

By: Garvey Law Offices

While it's common knowledge that you can be arrested and charged for driving under the influence (DUI) when intoxicated by alcohol or illegal drugs lick marijuana, methamphetamines, or cocaine, few people realize that you can actually get a Seattle DUI for driving under the influence of prescription drugs and over the counter medicines.

Driving under the influence comes down to driving under the influence of anything that affects your ability to safely drive. This means anything you ingest that impairs your driving can result in a DUI arrest and charge. Even if a police officer decides you've failed a field sobriety test, the officer can't deem what you're driving under the influence of, meaning you can be arrested and charged with DUI simply because an officer deems you're too impaired to get back behind the wheel of your car.

This article provides a look at some of the prescription drugs and over the counter medications that can cause a DUI charge and why hiring a Seattle DUI attorney is important in protecting your future from the serious consequences of this type of conviction.

Over The Counter Medications

While you might feel better after taking cold, flu, and allergy medicine that eases your symptoms, these over the counter medications can also make you dizzy, drowsy, incoherent, and can even affect your muscle coordination and ability to concentrate. Add this to a field sobriety test that is difficult for most people to pass even when they aren't suffering from an annoying cold, flu, or allergy or driving while under the influence of anything and you could have a problem.

If you're not feeling up to par after taking any type of over the counter medication, it's obviously not a good idea to drive. That's why most over the counter medications contain a warning stating that you should not drive or operate heavy machinery after taking them.

Prescription Drugs

Taking prescription drugs can also result in a DUI arrest and charge, especially drugs like anti-depressants, sedatives, tranquilizers, and muscle relaxers that cause dizziness, drowsiness, and a loss of focus and muscle coordination. Even low blood sugar that can result from taking prescription drugs for diabetes, high cholesterol, and high blood pressure can cause these symptoms.

Just as with over the counter medications, you should never drive if you feel the prescription drugs you take will affect your ability to drive safely. In addition, always check the warnings that come with your prescription drugs so you're aware of any adverse reactions that could affect your driving.

Although all over the counter medications and prescription drugs are legal and will make you feel better, keep any adverse reactions in mind before you get behind the wheel after taking them. The penalties for driving under the influence of over the counter medications and prescription drugs are just as serious as the penalties for driving of the influence of illegal drugs and alcohol. That's why you should never submit to a field sobriety test and you should contact a Seattle DUI lawyer immediately if you're arrested and charged.

About the Author Garvey Law Offices - For more information, contact and visit Garvey Law Offices today. Article Source: http://www.articlesbase.com/ - Getting A DUI Seattle From Taking Medications (ArticlesBase SC #3313881)