Criminal Defense of the Possession of Narcotics For Sale Case
Criminal Defense of the Possession of Narcotics For Sale Case
Defending a California Health and Safety Code 11351: Possession of Narcotics for Sale
A California Health and Safety Code 11351 violation is defined as having possession of controlled substances or narcotic drugs that the individual intends on selling for profit. Narcotics might include prescription drugs like codeine, morphine, or oxycontin – or drugs like cocaine, heroine, or PCP. Individuals accused of possession of narcotics should contact a criminal attorney right away.
Defending a Possession of Narcotics Charge
Attorneys use several different defenses for their clients who are charged with possession of narcotics – based on the client’s unique situation and the circumstances surrounding the case. Some of the most common defenses include:
Defense 1: Illegal Search and Seizure:
If the police have searched the accused individual’s car or home without a warrant, it could be grounds for a dismissal. It is important that the police have followed the proper protocol, and in order to search a vehicle or home without permission of the owner, the police need a search warrant signed by a judge. A search that exceeds the allowance of the warrant is also illegal, as are situations where excessive force is used to obtain the substances.
Defense 2: Lack of Possession
This defense is often used when two or more individuals were apprehended along with the drugs. The state must prove that the items were belonging to you, and if you’re with several other individuals, it could be very difficult for the state to prove that they belonged to you. If it can’t be proven, the charges against you could be dismissed.
Defense 3: Lack of Knowledge
This defense is also often used when there are more than one individuals apprehended. For instance, Jack’s friends pick him up at the corner of Main St. In the trunk of the car they’re driving are several bags of cocaine. Jack has no idea the cocaine is in the car, but two blocks later, the car is stopped by the police. Jack shouldn’t be convicted of this crime because he had no idea that the drugs were present in the vehicle when he entered it. This defense can result in the charges being dropped against Jack.
Defense 4: No Intent to Sell
An accused individual cannot be convicted of this particular crime if he or she had no intent to sell the drugs he or she was in possession of. They may have had the drugs, but intended to use them rather than sell them. The circumstances and other evidence found with the drugs will determine whether this defense will work. For instance, if a large amount of cocaine was found by itself, it may be for the individuals who have it. However, if it’s found with additional, smaller and empty bags, it could be said that the smaller bags were going to be used for distribution.
Anyone who has been accused of possession of controlled substances with intent to sell needs to contact an attorney right away so that attorney can get started mounting a defense right away. This will help ensure the rights of the accused.…
Best Help Through the Guidance of Expert Solicitors
Best Help Through the Guidance of Expert Solicitors
Roads are traveled by each one of us and therefore all of us are equally prone to the unpredictable facets of road accidents that are bound to happen sometimes due to our own mistakes and sometimes due to the filly of others but the main cause is the careless approach or disobedience of the traffic rules and regulation.
However, many a times there are situations as aforementioned when we get entrapped in unnecessary troubles owing to the violation of the traffic rules and regulations and in such situations the wisest decision is to seek guidance of the expert and experienced road traffic solicitors. These experts assist you to step out of troubled water without much hassle.
One thing that should be completely avoided is spoiling the situation further by getting into unnecessary arguments. Instead taking the advice and guidance of solicitors who are well acquainted with the legalities of motoring offences is the a perfect solution. The main reason behind this is that these solicitors have all the legal knowledge. They are experts in handling such situations in a professional way without any further trouble. At the same time through the effectiveness of their expertise in the areas of motoring offences, they provide the most logical solution at any given point in time.
It has been observed that many a times when someone commits any kind of motoring offence then that particular person out of personal fear or due to any other factor makes the situation worse for him by either hiding the offence or escaping. Ideally that is not the way to deal with the problem. This kind of approach only accentuates trouble and complicates the nature of the case in hand.
Instead if one takes the resort of motoring solicitors then one can easily come out of the entire trouble as these qualified professionals have the complete knowledge of expertly tackling the entire affair in the most logical and legal manner.
Today amidst the tantrums of the fast moving life often we are not able to make correct decisions and when trapped in such a situation, we are sucked into a vortex of despair.
Whatever be the reason or whoever may be the guilty if one takes the help of a qualified motoring solicitor then definitely one is assured to come out of the problem hassle free.…
Finding A Good Criminal Lawyer To Represent You
Finding A Good Criminal Lawyer To Represent You
If you find yourself accused of or arrested for a crime, you will need a knowledgeable criminal lawyer. Obtaining one who is aggressive in their defense and also knowledgeable of the laws in your state is vital for having a proper defense. When looking for an attorney, this is the kind that you need in your corner.
Every law enforcement agency is required, by law, to tell the person being arrested that they have the right to have an attorney present when questioned. It is imperative that this right be maintained prior to answering any questions regarding the charges. It has often happened that an innocent person has been convicted because they thought all they had to do was tell the truth.
When being questioned in a police interrogation, anything one says can later be presented in a court of law. The importance of having representation present before saying anything is unquestionable. Having their advice and representation can mean the difference between being found guilty and serving a prison sentence, or being found innocent and being allowed to go free.
Questions asked in an interrogation often can have two meanings. They can mean different things, depending on who does the interpretation. For that reason, having a lawyer present at all times will keep you from falling into that trap. The lawyer will advise you when not to answer such questions.
There are often many versions of what happened at a crime scene. By being completely honest with your lawyer, he or she will be able to do a thorough investigation with the use of professionals in the field. This would include things such as investigating the crime scene, speaking with witnesses, gathering all written reports and other evidence. This will give you the assurance of excellent representation if the case goes to trial.
When a person has a criminal history, it will be brought up in a criminal trial. Informing your lawyer of your criminal history early on will allow them to prepare a better defense in your behalf. Complete honesty is necessary when dealing with an attorney who is on your side.
When criminal charges are filed it is something that is not going to be solved overnight. Such cases are usually long-term affairs, which take months to resolve. This means that a long-term relationship between you and your attorney will develop. After he or she has gathered all the facts and evidence, you will be told approximately how long it will be before going to trial. In television stories everything is done very quickly, but that is not the case in real life.
When one’s future is at stake from facing criminal charges, it makes sense to obtain the services of someone who knows all the rules and regulations regarding this area of the law. An expert criminal lawyer knows exactly what steps to take to provide fair and equitable treatment for their client. With their knowledge and experience, they can immediately see the entire picture and provide the best defense possible.…
Wrongful Arrest
Wrongful Arrest
Police are often under great pressure to catch criminal suspects, particularly for high-profile crimes. Sometimes they may make arrests without much evidence or justification. An innocent bystander who was simply in the wrong place at the wrong time may suddenly find himself or herself being arrested and charged for a crime that s/he did not commit. Getting arrested for something that you did not do is a terrible injustice, but unfortunately it does happen more frequently than we would like to admit.
If You Are Arrested
Many people who are arrested try to put up a great fight against police officers and may even try to run away when they are stopped. If you are approached by police officers because they suspect that you were involved with a crime, the worst thing that you can do is try to run or fight back. Even though you know you are innocent, the police believe otherwise and there is nothing that you can do at this point to convince them otherwise. Rather than trying to resist arrest, it is better to go quietly and speak to a criminal defense lawyer as soon as possible.
How to Respond
If you are arrested for a crime that you did not commit, you are likely feeling shock, frustration, anger, confusion, and even rage. A wrongful arrest is a horrible mistake, but by yelling or resisting you may end up hurting your own case. Violence during arrest could be interpreted as evidence of your guilt and used against you later in court. If wrongfully arrested, be sure to do the following:
Stay calm. Rather than lashing out at the police, try to remain calm so that you do not end up hurting your own case for your innocence.
Remain silent. You have the right to remain silent, meaning that you do not have to reveal any information to the police or answer to an interrogation. Avoid saying anything that could be twisted and used as evidence of guilt.
Contact a criminal attorney. Before speaking to anyone else about your mistaken arrest, even friends and family, contact a criminal defense lawyer to assist you with your case. He or she will instruct you on how to best maintain your innocence and will fight to protect your rights under the law.
While you may feel that you are trapped in a mistaken situation, a criminal attorney can help you fight the charges that were wrongfully brought against you. Everyone is innocent until proven guilty, and your criminal lawyer will scrutinize all evidence and testimony brought against you to look for errors and weaknesses in the prosecution’s case. As experienced criminal defense attorneys, we understand that getting wrongfully arrested can be a terrifying experience for you and your family. We are prepared to fight for your innocence and protect you against an unjust criminal conviction.
For More Information
To learn more about defending against a wrongful arrest and criminal charges, please visit the website of the West Palm Beach criminal lawyers of Eric N. Klein & Associates, P.A. today.…
Criminal Lawyer – The Right Answer When Charged With a Crime
Criminal Lawyer – The Right Answer When Charged With a Crime
Since there are several criminal charges of which, if convicted, could result in substantial jail or prison time, one must make sure they seek the best legal representation. Panicking in this situation may lead to further confusion and tension. Because news of an arrest it certainly an unsettling event, it is reassuring to know that there is help available. The most crucial step to be undertaken is the selection of a competent and experienced criminal lawyer. You need a Minneapolis Criminal Lawyer who understands the challenges you face, and takes the time to evaluate your individual situation to determine the most effective strategies for you. You must choose a lawyer who fully understands the impact that criminal charges can have on a person and his family.
A Minneapolis Criminal Lawyer may prove to be your avenue to freedom. They deal with all the unanswered questions and concerns and provide answers to their clients’ questions, and work towards resolving criminal charges by utilizing comprehensive approaches. An experienced criminal attorney would not only make you aware of all the minute details of your case, but also give you timely and up to date information during the proceedings of the case. They will take care of your needs related to the case and also effectively and efficiently guide you through the challenges of the courts, and provide a clear understanding of the courtroom process.
It is imperative to choose a Minneapolis Criminal Attorney who will strive to devise a strong defense from the very beginning and help you avoid a criminal conviction. They can negotiate with prosecutors, and arrange for reduced charges or a lesser sentence. The lawyer you choose must always be confident, tough and aggressive with a good reputation and who will work hard to make sure that your case is resolved in the best way possible. Your attorney needs to have a clear knowledge of the case, a strong sense of attachment to the community, and must be on your side. So, when arrested for a criminal charge, do not wait. Get the help of a criminal lawyer immediately for your best representation.…
Criminal Law Case Study – Preventing Future WikiLeak Fiascos – Make Fewer Documents Classified
Criminal Law Case Study – Preventing Future WikiLeak Fiascos – Make Fewer Documents Classified
With the nearly one-million people with some form of security clearance in our government or access to such documents in the private sector, it shouldn’t surprise anyone that whistle blower” websites like WikiLeaks are able to get their hands on 100s of thousands of documents and mutli-media classified, confidential, or even perhaps top secret documents.
The government is obviously doing whatever they can to shore up the classified, confidential, or top secret leaks. In fact, the Obama Administration sent out a memo on this to all the agencies. It was a confidential memo of course, so it immediately ended up on all the websites. But I guess that shows how endemic the problem is, and how tough the future challenge might be.
There was an interesting book, report put out recently, that I think anyone interested in this topic ought to read, as it is well worth your time, go ahead and read it now, and then come back to this article of mine and let’s talk;
Interesting report recently titled; “What Should Be Classified – A Framework with Application to the Global Force Management Data Initiative” by MC Libicki, BA Jackson, DR Frelinger, BE Lachman, and N Kalra; RAND Corp, Santa Monica, CA, (2011), 110 pages, Library of Congress Control Number: 2010940485; ISBN: 978-0-8330-5001-4.
The most interesting thing in all this is Daniel Ellsberg, the traitor in the Pentagon Papers Case (look that up on WikiPedia and then again come back to this article) actually took those documents from the RAND Corp, the same group that wrote this book or report – so I bet, they ought to know a thing or two about that. Similarly, Private Manning who data dumped massive amounts of classified intelligence on WikiLeaks betrayed our nation and his sworn duty.
Now then, how do we stop all this? Well, there are a couple of things we do need to change. One is we need to stop stamping everything “classified” or “confidential” when it really isn’t. I’ve had conversations with people in government who couldn’t believe all the things I knew about, which they believed were classified, of course, they couldn’t confirm or deny it, nor did I want them too for their own sake and job security.
Still, there is a whole lot in the media, which is widely common knowledge in various industries, or to news junkies. And since these days with the rapid informational flow – classified really means, “oh like one week, two at tops!” So, one the cat is out of the bag, un-classify all this old stuff because that will do three things;
(1) It will get the workforce handling the information more serious about what still is classified.
(2) It will increase speed of communication, thus efficiency.
(3) It will save a ton of money trying to keep things secret which aren’t and everyone knows it.
Indeed, I hope you will please consider all this and think on it.…
Criminal Law – Objectives
Criminal Law – Objectives
Criminal law is perhaps most well known because of the effects it can have on a society and on an individual if not respected and followed. The consequences are serious and can range from a few months to few years of jail time, to execution in certain states and territories, to things as harmless as council work and community help rendered (which could actually be hundreds of hours of unpaid work).
In most western countries, physical punishment is never handed out, but some Eastern countries have this as a standard response in their criminal law system. Where jail time is warranted, solitary confinement is an option. The length of the incarceration can vary a lot as aforementioned, and it really depends on a number of factors, such as those bearing on ‘guilty mind’ principles and the extent to which the society has been affected due to the crimes executed. In some countries, life-long imprisonment is not uncommon for serious offenders in the states where the death penalty has been outlawed.
Supervision may be necessary in some instances, and this can be in the form of house supervision (also known as house arrest), with the convicted parties required to conform to certain guidelines as part of parole or probation regimen. Money can be seized and property also. The convicted person or persons have very little say in exactly what is kept and what is taken in by the state of their residence or operation. The enforcement applied by criminal law is categorized in 5 separate groups: retribution, deterrence, incapacitation, rehabilitation and restitution. The value of each of these methods is largely determined by the jurisdiction overseeing the law proceedings.
Retribution is the principle that criminals should suffer in some way. This is the goal that is sought out by state- and victim-appointed barristers and lawyers. When criminals have taken unfair advantage of others and have, with consideration for only themselves, made their victims’ lives worse, then it is only right for they themselves to suffer in one way or another. In some Eastern countries it is literally an eye for an eye, and in the Western world it may not be said in as many words but many cases from the ’90s and ’00s demonstrate the willingness of Western legal systems to follow their Eastern counterparts.
One other form of punishment is incapacitation. This is most commonly achieved by subjecting convicted parties to lengthy jail terms to keep them away from the public so no similar crimes can be rendered by the same party for the term of their incarceration.…