Basic Questions To Ask When Hiring A Criminal Lawyer
Basic Questions To Ask When Hiring A Criminal Lawyer
If you are in need to legal help, you might find yourself in a tricky situation. Finding the right legal representation is not always easy because you might not have a good understanding of what kind of information you need to make a good decision. There are a range of good questions to ask when hiring a criminal lawyer and it all begins with you.
When you are trying to find a representative to handle your case, one of the most important inquiries begin with the type of cases that they have had in the past. You will need to know if they have dealt with situations like yours before. A representative who has done so on many occasions will have a better idea of the proceedings and what you can expect.
You will also need to know how much your representative will charge for helping you in court. If the fees are above your financial limit then you might want to seek alternative advice. There are those lawyers who are able to take on cases for less money but you must also remember that the best ones often charge more for a reason.
When you take on such a representative, you will want to find out who is going to be representing you within the firm. The representative that you speak to is not always going to stand beside you in court. It might be best to find out if they will be dealing with your case personally or if they are going to be handing it over to someone else.
Many people who have to be involved in cases wonder whether or not they have to join the representative in court. Although this is sometimes necessary, it is not always so. Most of the time your representative will simply go through the proceedings and you can sit back and wait for the verdict.
Another important piece of information that you will need to know is whether or not your representative will still be on your case if you choose to turn down a plea bargain. You will want to have information concerning the consequences of pleading not guilty and how the representative will then proceed. You might find that this is the best way to win your case.
Finding a good representative is not easy and you need to ensure that you trust the representative that you have. If you do not trust your representative then he or she might not be able to get information from you that they need to properly handle the case. If you have trust in the person representing you then you will also be able to handle the case in a calm manner.
Going to court is never a fun experience and being fully prepared is a necessary step to getting through the entire procedure and getting the best possible results. A great representative will have the necessary skills to take your case on and ensure that they do a proper job. This is especially comforting if you do not know about legal procedures and the consequences involved.…
Simple Tips When It Comes to Criminal Law
Simple Tips When It Comes to Criminal Law
No one wants to be accused of a crime, but what would you do if that ever happens to you or a loved one? Would you know how to handle a situation like that? That is why knowing something about criminal law might come in handy.
It might be you or or a loved one who could be accused of doing something criminal. The important thing is that you should know what to do. You should be able to handle it or things can go from bad to worse in a very short period.
What You Should Do
If a loved one has been accused of a crime, the first thing to do is to get in touch with a criminal lawyer right away. They would be able to tell you in greater detail the actions that have to be taken to help ensure that your loved one’s rights are not violated.
Get Vital Information Right Away
Information is vital at this stage and situation. You should find out why your loved is being held and where. You must know the police agency that is holding them, the name of the law enforcers involved, what the case is. Ask these details from the law enforcers and not from your loved one as your conversation might be recorded and that can be used as evidence against them.
Remaining Silent is Important
Tell your loved one that it is important that they should remain silent and that they do not say anything at this point. When you speak with the law enforcers, you should tell them that your loved one will not make any statements and that they should wait for the arrival of the attorney. Take note of the time of your conversation.
Documentation of Events
It is important that you take note of everything that is happening right from the moment that you learn of the arrest. Take note of the time that events occur as well. Doing this could help the attorney to make the defense.
The Importance of a Good Lawyer
We could not overemphasize the importance of a good lawyer at this point. You should find someone who is experienced and well-versed when it comes to criminal law. If you can find someone who has dealt with the kind of case that your loved one has then that would even be better.
Support is Important
At this stage your support and help could be very vital for your loved one. You must show them that you will be there for them no matter what. They must understand that you will be ready to deal with any kind of problem that might arise and that you are not judging them because of what has happened.
Facing criminal charges isn’t something that we would really want but when it happens to us or to our loved ones then we have to be ready. It helps to know a thing or two about criminal law because that might mean your loved one being acquitted.…
What Are My Rights Part 1
What Are My Rights Part 1
Many people do not know precisely what their rights are when it comes to encounters with law enforcement. What should you do if you are approached on the street? What if it’s in your car? What happens if you are arrested? In this first article we will discuss the first scenario, being approached on the street, and what you are required to do, and what law enforcement officers are allowed to do.
If you are stopped on the street you do not have to answer any questions. You can simply say, I do not want to talk to you, and can walk away. If you do not feel comfortable saying this, ask if you can leave. If the officers say that you cannot, but that you are not under arrest, this means that you are being detained. An officer can pat down the outside of your clothing only if he has reasonable suspicion that you are armed and dangerous. If the officer tries searching any more than this, state clearly that you do not consent to the search, but under no circumstances should you resist an officer or try to flee. Once you have been detained they may ask for your name. In some states refusing to give your name is an offense you can be arrested for.
Knowing your rights is important so that you do not divulge more information than you are required or allow law enforcement officers to overstep their bounds. In the third article in this series we will discuss what to do if you are placed under arrest and we will then discuss the Miranda warning, and the case from which it came, the 1966 case of Miranda vs. Arizona. Then the reason for exercising the constitutional rights that protect you from saying more than you must will become clear.…
Different Types of Attorneys
Different Types of Attorneys
There are many different types of lawyers and attorneys in the world today. For the most part they can be separated into different types of lawyers. There are two main categories civil and criminal. For the most part we will be talking about civil but we will mention criminal as well.
The first thing that we do before anything else is going to be to define the difference between a civil lawyer and a criminal lawyer. A civil attorney deals only with cases that deal with people or companies wanting damages paid to them from an at fault party who has caused them harm or property damage. A criminal attorney handles cases that deal with the enforced law of the government. A criminal case lawyer is needed if you or a person is suspected of breaking the laws set forth by a governing body and face being sentenced by a court of law. The main difference is that criminal laws are enforced by the government and civil laws are enforced by private parties.
Now that we have that cleared up its time to take a quick moment and look at some of the types of criminal law attorneys. There are a lot of criminal attorneys out there but the main two groups are defense lawyers or prosecuting attorneys or prosecutors. Within these main groups there are sub groups such as public defenders, and district attorneys.
Now on to the civil case attorneys, there are two main categories much the same as the criminal case attorneys. The two major categories are the attorneys who deal with divorces, trusts, property disputes and wills. This civil attorney spends little time in the courtroom and more time doing paperwork. The reason that this happens is because most times the two parties involved come to an agreement long before the problem goes to court. This type of attorney also hands contract and employee disputes.
The next type of civil case lawyer is the one who handles cases that have to deal with personal injury cases. Personal injury attorneys are attorneys that deal with cases that have to deal with someone getting hurt or killed due to the negligence or abuse of another company or individual. Personal injury attorneys make up most of the attorneys out there.
This concludes our discussion on the major types of lawyers. This has just been a brief overview of different types out there. There are more than a hundred different sub categories of lawyers out there in the world today.…
Aggravated Assault – What is It?
Aggravated Assault – What is It?
Although there have been a decrease in the numbers, violent crimes still prove to be one of the major problems haunting the general population here in the US. Violent crimes include battery, assault, mayhem, false imprisonment, kidnapping, homicide, murder, rape, robbery and extortion, burglary, arson, and manslaughter, among others. Of all these crimes, aggravated assault is said to be the most common.
Aggravated assault, also known as felonious assault, is a modified form of ordinary assault. The difference between the two lies in how much resulting injury is involved. The application of force against another person that does not result in any bodily harm is considered to be an ordinary assault. For it to be considered an aggravated assault, the injury should be one which maims or disfigures the aggrieved party or endangers his or her life regardless of the use of a deadly weapon. Too many times, the only thing that sets murder and homicide different from aggravated assault is that the victim did not die.
Because of the simplicity and trifle nature of an ordinary assault, it rarely leads to jail time. This is in exact opposite of aggravated assault cases where the criminal has to serve several years of jail time depending on the nature and gravity of the assault.
In 2005, a total of more than 850,000 aggravated assault cases have been reported, a 1.8% increase in the total number of reported cases from the previous year. Twenty five percent of these cases involved the use of hands, fists and feet. On the other hand, 21% of the total cases involved the use of firearms and other deadly weapons. These statistics, however, already includes cases where only a threat was made. This is because, had the threat pushed through, it could result to an aggravated assault charge.
Country-wide, California ranks as the state with the most numbers of assault cases of this type. This is followed by Florida, Texas, and New York. On the other hand, Maine, Vermont and North Dakota have proven to have the lowest number of cases with no more than 800 cases each per year.
Penalties for this type of assault differ from one state to the next. However, penalties usually include jail time, electronic monitoring, loss of the rights to own or possess firearms and weapons, mandatory anger management classes, restitution, and fines and court costs. In the state of Arizona, for example, probation usually lasts for nine years with fines of up to US$ 250.00. On the other hand, the state of Wisconsin fines aggravated assault criminals to as much as US$ 100,000.00 with jail time of up to 25 years. The Judge can also order counseling as well as community service as part of the sentence.…
What is Considered Domestic Violence?
What is Considered Domestic Violence?
A domestic violence is filed against an individual by another individual who is related to them by marriage or lives in the same house as the accused. In Arizona, the statutory definition of domestic violence applies not only in crimes against spouses, although it is the most common, but also to crimes done against partners, former partners, individuals who are currently dating and the elderly. The charge of domestic violence has varying levels and forms, from simple assault to murder. It is also in the coverage of the domestic violence law such acts concerning violation of the order of protection, like a restraining order. The restraining order does not necessarily require physical presence; even a late phone call to a child or to the ex-spouse is considered a violation when a restraining order is still in effect.
Because of the alarming number of violence within a household being reported, the state of Arizona focused on strengthening its laws. The law enforcement department is now developing new policies while the court system is actively implementing the changes. In some cases, the prosecutors are filing charges even if the victim refuses to participate due to fear.
The Arizona Revised Statute 13-3601 lists the affected relationships involved in a domestic violence. It can be between two married individuals, currently or in the past. It can also be between unmarried individuals residing in the same house, same gender cohabitation is included. If both parties are not married or are not living together, it is still considered as domestic violence if they have one common child together or the woman is currently pregnant by the concerned party.
The two other relationship definitions are quite broad. The crime done is considered as domestic violence when the victim is related to the defendant or the spouse of the defendant by blood or court order. This includes grandparents, parent-in-law, stepchild and the like. The other one is when the victim is a child who is currently residing or resided in the same house as the defendant and should be related by blood to a former spouse of the defendant or any person who is residing or resided in the same household.
Domestic violence is not taken lightly in Arizona. The punishment, depending on the level of crime, is severe. The conviction can result to limitation in child visitation rights, loss of privilege to own a gun, mandatory counseling and prison sentence in more serious cases. When the domestic violence involves the use of deadly weapon and injury, then the crime is often prosecuted as a felony.…
Tampa Crime Rate Down, Still Dangerously High
Tampa Crime Rate Down, Still Dangerously High
In 2008, there were reports of over 37,000 crimes committed in Tampa or about three per household. Tampa, as well as other major cities in Florida, is known for its high crime rate.
The ratio of Tampa crime compared to New York City crime is a surprising discovery when keeping in mind that New York City is one of the nation’s most densely populated cities. Tampa has a higher ratio of nearly all major crimes including triple the counts of rape and nearly quadruple the counts of burglary.
The only positive statistics coming from Tampa’s crime rate is the consistent annual drop in crime. In the past ten years the average crime rate in Tampa has decreased by more than half. Counts of burglary, murder, aggravated assault, and robbery have all dropped, and should continue to do so.
The crimes committed vary in severity and when individuals are prosecuted can be charged with a felony or a misdemeanor. The punishment for a felony can range from a year in prison to life or possibly even the death penalty. Misdemeanors are typically of a less severe nature and can range from a simple fine to up to a year in jail and a $1000 fine.
Misdemeanors can also come with sanctions such as suspension of a driver’s license, use of crimes against oneself in future trials, risk or deportation, or house arrest. Though misdemeanors are seen as lesser crimes they can still hurt an individual if he or she continues to disobey the law, and can possibly prevent certain types of employment.…