Month: April 2021

A Federal Criminal Law Attorney Can Best Defend Those Accused Of Federal Crime

Persons accused of committing federal offenses generally face harsher punishment than those who commit state crimes. An experienced criminal law attorney who is intimately familiar with federal law is in the best position to protect the rights of those accused of committing federal crimes.

Federal offenses include those that are committed on federal property or offenses prohibited by United States federal law. Some examples of federal crimes are bank robbery, tax evasion, terrorism, murdering a government official, computer fraud, and certain forms of fraud and money laundering. Crimes that are committed by perpetrators in more than one state are also considered federal offenses.

Such crimes are investigated by federal agencies such as the Federal Bureau of Investigation or the Homeland Security Agency instead of the state police. Persons accused of federal crimes are tried in federal court. This is different from state court and involves a complex system of laws. If convicted, persons who face federal criminal charges face long years of imprisonment, hefty fines, and other severe penalties.

Though they face serious charges, the defendants retain the right to legal representation. Those accused of committing federal crimes best benefit from enlisting the services of a defense attorney as soon as possible.

A competent criminal law attorney who is licensed to practice before federal court and is highly familiar with federal law can best defend the accused. The lawyer will explain the legal process to the client in great detail, conduct his or her own investigation and create an aggressive defensive strategy based on the facts of the case. A good defense attorney can make sure the defendant’s rights are protected at all times and work to obtain the best possible outcome for the case.…

Best Online Law Degree Programs

With the increasing number of crimes that are committed in this world a lot of lawyers are needed.

But these days it is not just about getting a lawyer who can represent you in a normal case. They have to be outstanding and not like any other lawyer known in town.

The first thing is to know how to choose a law school that will ensure that you get the best knowledge when it comes to law. And what is normally believed and said is that there is no better law school other than the one that comes to you. This is what is known as online law degree programs.

Before one gets to choose an institution where they want to study law it is wise a good research is made. It should be one that will meet all their needs. But why would one need to do online law degree programs?

There could be various reasons among them is may be they lives are full of busy schedules and there fore can not make it to class everyday. Others could be that they find it easier to do online reading which is a more personal work schedule other than attending lectures.

For some they would want to learn in a certain institution but they do not want to leave their on country and go to read in other countries. And to some it is just a preference they have while to others they find it cheaper.

Whatever the reason could be it is certain that online law degree programs are offered widely and it is up to one to choose what they would want. Some of the institutions that offer are Concord online law degree programs.

There have two forms in which one can acquire there law degree programs.

There is the Juris Doctor and the Executive Juris Doctor. Both of them come as part time programs and they take four years and three years respectively. This is one of the most preferred institutions due to its quality learning and the prosperous students who have graduated from there.

The one thing that this online institutions offer is that once you have graduated from the there you instantly become a practicing lawyer.

You do not have to run up and down and look for employment, it comes hand in hand with your graduating scroll.

And with the new technology you never have to think about large books to carry all you need is your personal computer or your laptop.…

Better Sentences With a Top Criminal Defence Lawyer

A defendant who pleads guilty or is handed a guilty verdict after trial will be sentenced or punished according to the penalties fixed by applicable criminal law. If both sides had previously entered into a plea bargain agreement, the judge may impose punishment based on its terms or take into account other factors before fixing the defendant’s sentence.

Negotiating a plea bargain and presenting favourable circumstances in evidence are effective sentencing strategies by a criminal defence lawyer. Melbourne judges may choose from several sentencing options to promote rehabilitation of the offender while reducing the strain of overcrowded jails.

Purpose of sentencing

The objectives of sentencing are the following:

to ensure that the offender is adequately punished for the offence

to prevent crime by deterring would-be offenders from committing the same act

to protect the community from the offender

to promote rehabilitation of the offender

Sentencing options

Courts may impose any of the following sentences on guilty offenders:

dismissal and conditional discharge

bond

deferred sentence

payment of a fine

community service

periodic detention

suspended sentence

full-time custodial imprisonment

Sentencing options for young offenders are different and are likely to be less severe because its primary aim is to rehabilitate the offender before reintegrating the young offender into society.

Sentencing factors

The following factors may help persuade a judge to grant a more favourable sentence:

the demeanor, statements and cooperation of defendant during trial

presence of mitigating circumstances which reduce responsibility of the defendant as perpetrator of the crime

past criminal history

mindset and intention of the offender while committing the crime

extent of damage as a result of the crime such as personal injuries, property damages, expenses and personal costs

absence of treachery, cruelty or premeditation in the commission of the crime

Sentencing may take place immediately after a guilty verdict in misdemeanor cases or after a few days or weeks in felony cases and those that may carry long incarceration periods.

During the sentencing hearing, the judge may allow allocution statements to be made by persons for the defendant.

These and other factors like detention time already served, good behaviour between the time of conviction and sentencing, and statements made by the offender in pre-sentencing reports are some of the matters that may be used to obtain a favourable sentence with the assistance of your criminal lawyer Melbourne. Courts are limited in their sentencing options to ensure that not only is a crime adequately punished but more importantly, that an offender is not punished excessively.…

A Comparison of England’s Criminal Court System With the United States

Last year, I had the opportunity to travel to London, England to observe their criminal court system for a week. This trip was put together by the California State Bar Association. As a criminal defense attorney practicing in America, it was a wonderful experience to observe three or four different English criminal courts. After several hours of observation, our group had an opportunity to visit with the judge and lawyers from that session. Below find a comparison between the two systems.

1. What standard of proof is required before a formal charge is issued to a citizen?

Very similar to the United States, the English standard for the issuance of a formal charge is “reasonable suspicion” that a crime or criminal offense has occurred.

2. Generally speaking, how is a formal charging document issued?

Again, in a procedure very similar to the United States, the police and/or the Crown’s Prosecution Service are the ones who draw up and issue a formal charging document.

3. Does a defendant have the right to an attorney?

In both countries, yes.

4. When is a defendant advised of their right to an attorney, and at what stage of the proceedings is an attorney available to them?

An English citizen is advised upon their arrest and prior to being questioned by police that they have the right to an attorney. Basically, this procedure is virtually identical to the procedure in the United States as to a “Miranda” warning.

5. Does a defendant in England have the right to examine the prosecution’s case file (reports, witness statements, forensic examination results, etcetera)?

Yes, and well in advance of trial.

6. Does a defendant in England have the right to a jury trial?

Yes, but not as liberally as in the United States. For a first offense, the maximum penalty that an English citizen needs to be facing must be at least six (6) months in prison before they are entitled to a jury trial. For a second offense, at least twelve (12) months in prison. Generally speaking, all misdemeanor and 30-day type offenses (such as misdemeanor DUI, etcetera), does not afford or offer the defendant the right to a jury trial. All of these type offenses are handled as bench trials before the judge.

7. Is a defendant in England presumed innocent during the course of the proceedings?

Yes.

8. What is the general makeup and conduct of a jury trial in England?

Generally, the jury is made up of twelve (12) members; however, during the course of the trial the number of active jurors can actually go down to nine (9) and the case will continue until a verdict is rendered. English law allows a 10-2 or otherwise “super majority” verdict, a unanimous verdict is not required. By contrast, most criminal courts in the United States require a unanimous verdict.

9. Does the defendant have the right to an appeal?

Yes, but only upon an alleged error of law.

Some interesting information about appellate courts in England: Previously, all criminal appeals were referred to a specific subcommittee of the “House of Lords” for a decision. Only recently have specific appellate courts been created to handle criminal appeals. An appellate court does not have the ability to strike down or nullify a law, they can only interpret a law or make a recommendation to the Parliament that a law be rewritten. The highest appellate court in England hears appeals for England, Wales, and Northern Ireland in both civil and criminal matters. Scotland has retained their own appellate court for criminal appeals. The “Privy Council” is the final appellate court available to all British republics (example: Jamaica, Trinidad and Tobago, etcetera). The “privy council” is made up of the same judges that comprise the appellate courts. The English appellate courts very rarely sit “en banc.” Depending upon the perceived importance of the matter to the general public, panels of either five (5), seven (7) or nine (9) judges will hear oral arguments and decide the case. For the most part it is a panel of three judges who hear and decide the cases. Average oral argument is around eight (8) hours per party.

10. What is the standard of proof required for a conviction in criminal court?

“Sure” is the current standard in England. Formerly it was “beyond a reasonable doubt” (as is the standard in America); but it was recently changed to “sure.”

Some generally interesting points of the English criminal judicial system are:

“Prior bad acts/prior convictions are admissible as proof to the current offense charged (example: an English defendant on trial for shoplifting second offense would have the first shoplifting conviction announced or published to the jury)

The English judiciary embraces the concept of …

Reasons to Hire a Criminal Attorney

Being arrested for a crime in Florida can be intimidating and disheartening. When the accused person is innocent, the idea of facing criminal charges is especially frightening. Under Florida law, a lawyer will be appointed for a person if they cannot afford one. Another option is to represent oneself. Common sense, however, usually suggests that the defendant should hire a criminal defense attorney in Florida. There are several reasons for this. Here are just a few.

Understanding

The State’s laws are very particular. Self-representation should not be attempted by anyone who does not have a full understanding of the Florida Statutes. They explain the process and requirements. Some defendants to attempt self-representation do not realize that a judge cannot and will not give them any legal advice. This includes potential moments when the defendant is missing important information from the prosecution because they simply did not ask for it. No one advises them when they may be able to have their case dismissed entirely due to mishandled evidence or improper procedure. Arguments and evidence must be presented a certain way in the Florida court system. This is why attorneys must pass the Florida Bar exam before they are given the privilege and right to practice law in the Sunshine State.

Repercussions

The private lawyer will take the time to explain what happens when the defendant takes a plea bargain or is convicted of a crime. Some of the events that take place simply upon conviction may not be obvious to a defendant representing themselves. A public defender may not have the time or inclination to go through all scenarios and stipulations involved.

Expertise

Some lawyers are more experienced in certain types of matters than others. For example, a bankruptcy attorney may be able to handle a murder case, but a criminal defense lawyer would probably do a better job. When choosing an attorney, one should seek out a lawyer with experience and expertise with the types of charges involved in the case. A DUI attorney, for example, is better suited to handling a driving under the influence case than someone who has never approached one before. DUI attorneys understand the importance of requesting and attending the administrative hearing. Most inexperienced counsel may not understand that it is an important step to reduced sentencing or having driving privileges restored. As a result, retaining a Florida criminal lawyer with appropriate experience is crucial.

Caseload

Lawyers in the Florida Public Defender’s Offices are well-known to have higher caseloads than private attorneys. This gives the public defender less time to investigate the accusations, conduct interviews, prepare witnesses, file paperwork and organize a defense. A private Florida criminal defense lawyer is able to spend more time on each individual case. They can meet all potential witnesses, learn about important details and discover any pertinent evidence that might otherwise slip through the cracks.…

Are the Police Wanting to Search You or Your Property?

People often under estimate the investigative powers of the Queensland Police Force or in fact, police forces generally state or commonwealth.

But remember this,Police don’t have the right to search you or your property unless you consent to the search, they have a search warrant, or a law specifically gives them that right. For example, the Corrective Services Act in Queensland provides such a right to officers and their interaction with certain people.

However, police do have the power to search you without a warrant should they believe you are carrying a weapon, stolen property, drugs, tools to commission an offence or something that may harm yourself or another.

They are very broad powers.

But when responding to a request by the Police to conduct a search, you have the right to ask them why they want to search you. It’s important you remember their response, because it may prove to be useful information for your lawyer in the future. If it helps, write their response down.

The other thing you need to remember in all your dealings with Police, is that the Police record everything, be it through audio or video. These recordings may well form a part of their evidence against you. So, you’re always best to be polite and say nothing. While you may be frustrated that the Police wish to conduct a search, the lawfulness of that search is best left to your lawyer to consider, rather than you becoming upset and acting in a way that you may later regret.

This is legal information relating to Queensland, Australia only. It is not legal advice. Such advice can only come from a lawyer who understands the specific circumstances of your matter. This information is current at October 2010.…

A Criminal Law Attorney Is a Defendant’s Best Friend

Although everyone is supposed to be innocent until proven guilty in a court of law, some people just refuse to think this way. In their eyes, anyone who is charged with a crime is guilty until proven innocent. This is especially true if someone is being accused of a crime such as murder or rape. Many times, when someone has been charged with these types of crimes, people automatically call for them to either be executed or spend the rest of their lives in prison. Although this may be the correct way to handle the situation in some cases, there have also been a number of times that people have been falsely accused, falsely convicted, falsely sentenced and falsely punished. The sad thing is, many times these mistakes can be attributed to people with the aforementioned mindset. The good news is, people who are being charged with criminal activity, no matter how big or small, don’t have to defend themselves alone. They can solicit the help of a criminal law attorney.

These professionals are skilled in defending and advocating for those who have been accused. Their role is extremely vital to a defendant, especially one who is being charged wrongly. There have been many reported cases of people being wrongly convicted or even wrongly executed. Being accused of something you didn’t do on a day to day basis seems bad enough. Just imagine sitting in jail or being on death row for something you honestly did not do. The sad thing is it happens all of the time. There are even people going through this type of situation right now.

Although having a criminal law attorney isn’t a 100 percent guarantee that a falsely accused person will walk away free, they will definitely have a better chance of getting a fair trial. When someone who is being accused of a harsh crime is sitting in front of a jury they are already at a disadvantage. Everyone wants to believe that the jury is 100 percent objective. However, this is difficult for anyone to truly do. Everyone has had experiences that have shaped their way of thinking. Therefore, at least one person in the jury may have a bias against the defendant, even if it’s just a slight one. So, in some cases they would have to work extra hard to convince the court that they are innocent.

Having a highly-skilled criminal law attorney by their side, will give them the best opportunity to prove their innocence and walk away free. Without them, the defendant would be putting themselves at a great disadvantage. It’s not enough to truly be innocent. However, you must also be able to prove this innocence to others.…