Legal Insight. Business Instinct.

Month: October 2021

General Article

Carjacking Laws

Carjacking Laws

Every year almost 50,000 carjacking crimes occur throughout the United States. These crimes are considered to be some of the most heinous outside of homicide. This is due to the fact that this offense is a very personal crime that involves direct intimidation and often violent coercion. So what are the laws surrounding this crime and what implication do they hold for those accused of committing this offense?

Laws Concerning Carjacking

In the United States the laws concerning this offense vary from state to state. However, they all generally hold to a common set of restrictions and regulations. These common laws include the following:

A� Most states classify carjacking one of the most serious non-homicide offenses that can be committed by an individual.

A� Depending on the severity of the offense it is possible to serve a life sentence in prison following a conviction.

A� In many states it is considered a first degree felony.

A� Typically it is punished with time in prison, fines, and probation.

A� Because this is considered such a serious crime, juvenile individuals who are charged with it can face an adult trial. In some places, such as the state of Florida, a youth found guilty in an adult trial could face a lifetime prison sentence.

Carjacking is usually defined as an individual using force, threats or intimidation to steal a car directly from the owner of the vehicle. If you have been charged with this crime, it is important you seek the assistance of a legal professional who will fight for the protection of your rights and freedoms.…

General Article

Driving Offense Punishments

Driving Offense Punishments

There are a number of crimes related to driving in the UK, with some more serious than others. Different punishments apply depending on the offense as well as its nature and whether it is a minor infraction of the law or a more serious one.


Drink driving is an issue that has got more and more coverage in the media, and is being cracked down more than ever. The legal drink driving limit in the UK is 35 micrograms of alcohol in 100 millilitres of breath. Being caught drink driving, or driving under the influence of drug (including some prescription drugs) could lead to up to six month imprisonment and a fine of anything up to £5,000. In most cases this will include a driving ban of between one and three years. Refusing to co-operate if stopped by police is also an offence and can carry the same punishment. By law, anyone who is asked by police must agree to a breath test, and failure to do so is illegal.

If a death has been caused by someone driving under the influence of drugs or alcohol, then the potential punishment is more severe. There could be a jail sentence of up to 14 years and an unlimited fine. At least a two year driving ban will be given, but this could be much longer depending on the nature of the offence.


The seriousness of speeding depends on a variety of factors, such as the area where the offense is committed, prior driving offenses, and how far over the speed limit you are. Minor offenses will result in a £60 fine and 3 penalty points. Driving around 10 miles per hour over the speed limit will usually result in this, although it does depend. More serious speeding offenses could carry a fine of £1,000, or £2,500 on a motorway. These could mean 6 penalty points, although a very serious offense could mean a driving ban.


Many offenses could come under the heading of dangerous driving. This could be excessive speed, or driving without due care in other ways. Dangerous driving will lead to a court case, and if found guilt will mean a ban of at least a year. On top of this there will be either a fine, community service or in more serious cases, a prison sentence.


Driving without the correct insurance or without a license are considered serious offenses.

Driving without insurance carries a 6 to 8 point penalty is most cases, but can lead to a driving ban, and a fine of up to £5,000. If someone is not insured on the specific car they are driving, but have insurance for their car, the offense is still considered as serious as not having any insurance. Letting an uninsured driver drive your car is also illegal.

Driving without a licence will incur a penalty of between 3 and 6 penalty points, which will be added if the person in question ever gets a driving licence. This would mean an immediate ban, and then having to re-take a driving test once the ban is over.


These offenses are less serious, but will still result in a fine if caught. Being caught driving without an MOT will mean a fine of less than £100, and your licence may be revoked until you have had the MOT completed. This is to prevent you from continuing to drive without the MOT. Driving without a valid tax disk will result in an £80 fine, and a warning to renew the road tax.


There are other driving offenses as well, including driving without a seatbelt, having lights that are broken or not working, or driving where not permitted (e.g. wrong way down a one-way system). This will usually just mean an on the spot fine and a warning of future conduct.

Offenses that can lead to serious accidents are treated most seriously, while there is some leniency to those that could only cause minor problems. Drink driving and dangerous driving are most likely to cause serious accidents so are punished more severely. Speeding is dealt with according to the offense. It is easy to drive a few miles per hour over the limit without realising it and it is unlikely to make the situation much more dangerous. Driving an excessive speed could cause a very serious accident so are punished accordingly. Someone driving without insurance is deemed more of an infraction of the law than someone driving without an up to date MOT or road tax. Causing injury to someone or damaging someone’s property or vehicle without insurance will mean you are not covered for damage that could cost a vast amount. It …

General Article

Criminal Law and Drug Crimes

Criminal Law and Drug Crimes

Have you or a loved one been arrested for a drug crime? If so, you must know this is a very serious offense. It’s not something you will be able to handle yourself. You will need to hire a good criminal law attorney who knows the laws when a drug crime has been committed.

One of the reasons why the law prosecutes drug criminals so heavily is because violence often accompanies the crime. Drug addiction is an evil which changes the lives and personalities of people. They do things they would not ordinarily do.

Because of all this, many states have waged war – on drugs and offenders. The destruction trail which drugs forge is well-documented. Attorneys who specialize in criminal law know, more than anyone, what drug addiction can do to a life and a family. They work tirelessly to help the drug addict avoid great loses such as his freedom, his family or his life.

If you’re convicted of a drug crime, you may face a lengthy prison term, heavy fines, probation and service in the community. You must also enroll in a drug treatment course.

A good attorney may also obtain a plea bargain for the person arrested for the drug crime. A plea bargain is an agreement between the prosecutor and the defendant. The defendant agrees to plead guilty in exchange for a reduced charge. This is common and is often used to avoid an excessively long and expensive trial period.

If you’re using drugs, you must be aware of these other consequences:

– You may have a lifelong criminal record.

– Your career opportunities will be diminished or may even be eliminated.

– You may not be able to obtain employment ever again.

– Certain licenses will be unobtainable such as driving certain vehicles or owning a firearm.

– You may not be able to get a travel visa.

– Socially, you may be discriminated against in your neighborhood or with friends and even family.

– After your time of sentencing is up, if you ever get arrested again, you’ll be dubbed a repeat offender and your penalties will be stiffer.

A word of advice if you or someone you know has been charged with a drug crime – don’t make another move until you’ve contacted an attorney.

It’s been estimated that almost 70% of people already in prison in America are there due to drug-related crimes. Whether your crime is related to marijuana, distributing drugs, selling to minors or possessing any narcotic, a criminal law attorney is who you will need to defend your case. Even if you’ve been charged with a drug crime, you still have rights according to the Constitution. You need to have those rights protected.

Drug crime convictions can be frightening and very serious. But, with the right criminal law attorney by your side, it can be less scary and hopefully have a positive outcome.…

General Article

How A Good Criminal Defense Attorney Can Help

How A Good Criminal Defense Attorney Can Help

Criminal courts and legal system characteristics are complex. A criminal defense attorney should be a must for any person who has been charged with a crime. In fact, if you are a suspect in a crime and law enforcement officials want to question you, it is imperative that you retain legal counsel. Your lawyer may be able to effectively argue that charges against you should be dropped, thus keeping your record clean.

If you are actually charged with a crime and arrested, your attorney will help you to arrange for bail, when necessary. It is important to have a lawyer representing you when you go to court. The legal expertise of a criminal defense attorney can keep you from doing or saying something that will have far-reaching negative effects.

The importance of the legal representation provided by your counsel is undeniable. You may need to find bail money, and your lawyer can help you obtain a security bond. If you are unable to raise bail money or you are not released, your lawyer is someone who can freely visit you while you are incarcerated. Your conversations are considered to be confidential. You may not understand the need for the suggestions made by the attorney, but it is always wise to follow his or her advice.

It is the responsibility of your lawyer to review and compile information on the evidence that might be used during a criminal trial. The laws of discovery are fairly complex, so it’s important that your attorney is aware of the rules. There may be the necessity of obtaining depositions from potential witnesses involved in your case.

If you must go to trial, your attorney will be very important in the jury selection process. It may be necessary to hire a jury consultant to assist in this activity. A criminal defense attorney needs to be able to reach the jurors on a professional yet friendly basis to avoid hurting your case.

The necessity for reviewing and applying testimony in order to display the weak points that are in the case against you is a key part of the defense role. Your attorney has to be alert to what is being said in order to respond with further questions. The skills needed to present a strong defense come with natural talent and with training.

As a client, you are unlikely to know about phrasing questions or obtaining information in a court-mandated way. A good lawyer will be aware of the immediate proceedings, but will also be identifying areas that might be the subject of an appeal if one is necessary. The legal team may consist of more than just one person, especially in a major case.

Your criminal defense attorney has reason to enjoy your “Not Guilty” verdict almost as much as you do. If the verdict is “Guilty” the legal team will begin preparing motions for appeal or similar actions. Because specialization is common amongst professionals, additional help may be required if your case is appealed to a higher court.…

General Article

Common Laws on Unlawful Firearm Discharge

Common Laws on Unlawful Firearm Discharge

The right to gun and firearm use is one of the fundamental rights of all American citizens. However, as with any right there are restrictions that must be followed in order to maintain a peaceful and safe society. While there are many laws and legal restrictions that play a role in firearm restriction, some of the most important are those involving when and where it is legal to discharge a firearm. By understanding what these laws are, you are better able to protect your rights, freedoms, and interests.

Laws Concerning Firearm Discharge

Throughout the U.S., each state has the ability to set its own laws and restrictions in relation to who may buy a gun, who may sell guns, and when a gun may be used. While states have differing laws, there are some similarities between laws in different states. Some common firearm discharge laws include the following:

It is illegal to knowingly discharge a firearm into public

It is illegal to knowingly fire a gun on the right of way for a public road, street, or highway

It is illegal to knowingly discharge a firearm over a street, highway, road, or building

You may perform these acts if you are defending life or property

You may perform these acts if it is part of your official duties

If you are in an area approved for hunting and you have been personally approved to hunt, you can perform the above activities

If you are found guilty of violating these restrictions, you could face time in jail, probation, hefty fines, and a number of social and professional repercussions. Your ability to work with firearms in the future could also be compromised.…

General Article

Criminal Law – Risk Factors in Youth

Criminal Law – Risk Factors in Youth

In this article, we’re going to be taking a look at some of the factors that play a part in youth committing crime. Juvenile delinquents are not rare by any means. In general, crime is higher in the age group encompassing fifteen and twenty-five. The range of crimes is also quite a long list and certainly not limited to violent crimes and other offenses where monetary gain is the main target.

Psychological and behavioural risk factors include, but are not limited to, intelligence, impulsiveness and the inability to delay aggression and other things like gratification. Another example is restlessness. Certain people with personality disorders are more likely to become criminals if their condition – when not properly treated regularly – results in restlessness and lack of empathy.

One affects the other, as we can see from a lot of studies conducted into juvenile delinquency statistics. Children with a lower intelligence are likely to not fare well in school and other state learning institutions, which then affects the child psychologically. With less chances of netting a high-paying job that will ensure a comfortable, stress-free life, kids will be more inclined to take out their rage and disappointment on others. Lack of educational excellence is a factor in crime in and of itself. The same children who do not perform to the highest standards at school are likely to also become truants, leading to opportunities for crime and hanging with the wrong crowd. The Farrington reports back this up, saying that truanting is linked to offending.

Attaining wealth and status the legal way, or at least seeing a clear path to such attainment, usually halts criminal activity. The criminal activity in this case, then, is not one to simply survive but also to flourish, shedding some light on human nature and the willingness to commit illegal activities in the face of underachievement.

Intelligence is definitely one of the biggest factors to consider. However, measuring, identifying and testing for intelligence can be extremely troublesome. Further to this is the fact that that so many studies and IQ tests are completely different! This does not inspire confidence in kids who will do well in one version of a test and fail in another version that is, for instance, more visual and not so much writing-oriented.

These are just a few of the things affecting today’s youth. For further information, see the book “Understanding Criminology,” written in 2003, a truly excellent resource.…

General Article

What Should You Do If You Are Being Investigated?

What Should You Do If You Are Being Investigated?

The most important thing to remember when you are arrested is that, as you have probably heard many times before, you have the right to remain silent. There are many tactics that the police might use in order to try to get you to talk. They can threaten you and make it seem as though you will get in more trouble if you don’t talk.

They might try to cause you to relax by acting friendly or joking around with you. They might make it seem like you will be fine as long as you explain yourself. These are all tactics that the police are trained to use against you. Don’t fall for them. The only thing that you should say in response is to politely but firmly say that you want a lawyer.

If you have been arrested, you should contact a criminal lawyer as soon as possible. This helps to prevent you from making statements that could be used against you. Since witnesses have a better memory of the event early on, this is another reason that getting a lawyer involved early on can work to your advantage. In addition, if you believe that you are under investigation by the police, it is a good idea to hire a lawyer as soon as possible. They may be able to prevent charges from every being filed in the first place.

Once you have been arrested, you are then booked. This is when they take your picture and fingerprints. They might ask you to make a statement. You should decline to do so. Afterward, a magistrate will decide whether to offer a bond. If they do, you can be released until trial if the bond is paid. The price of the bond will depend on the nature of the crime. For example, sex offenses will have a much higher bond than a crime that requires a DWI attorney.

The next court date that you receive is called an arraignment. This is when you are read your charges and asked if you want an attorney. You should always ask for an attorney. This is when you will be assigned your next court date. If you get the chance, you should apply for an attorney before your arraignment.

The evidence that is obtained by prosecutors is referred to as discovery. There are certain types of evidence that the prosecutors are required to provide to you before trial. The type of evidence will depend on your location, but only a lawyer knows what to ask for and how to find evidence that the prosecutor may try to hide.

In many cases, it may be possible to come to a settlement before trial. If not, the trial proceeds with a verdict being issued by the judge or the jury that you are either guilty or not guilty. The judge will then decide your sentence.…

General Article

Your Rights If You Are Being Detained

Your Rights If You Are Being Detained

Before understanding your individual rights when detained by the police it is important to understand what being detained means. Being detained by the police does not necessarily mean you are being arrested, although arrest can follow detainment. Reasons for detainment include questioning; also a police officer may wish to question an individual without detaining them. When an individual is being detained for questioning by the police they have certain undeniable Constitutional rights. Rights when being detained include:

Right to know why you are being detained

Right to inform individuals of your detainment

Right to Record of Interview

Right to attorney and counsel

Right to know why you are being detained in Housgon

Being detained by the police is not the same as being arrested. When being arrested the police must read the individual her/his Miranda rights and state what crime they are under arrest for. When being detained the topic of question will be described, whether at the location in which the detainment was made or in the police station after detainment, in order for the individual to make a decision whether they will answer the questions or seek legal counsel first.

Right to inform individuals of your detainment

After you have been detained it is your right to be able to contact your family members, or have the police contact your family members, in order to inform them of your detainment. This is done in order to ensure family members do not have to worry about the location of the detained.

Right to Record of Interview

The Record of Interview is a document that is compiled of all the answers an individual gave to police questions during the time of detainment. When detained by the police it is not mandatory to cooperate and answer all questions. However, if after legal counsel or immediately after being detained, an individual wishes to answer questions they will be documented in the Record of Interview. It is your right to ask for a copy of the Record of Interview.

Right to Attorney and Counsel

Immediately after being detained every individual has the right to an attorney. If, for whatever reason, an individual does not possess the means to hire an attorney, and attorney will be granted to them. After the attorney is contacted the individual has the right to counsel with the attorney. Right to counsel means that the lawyer and the individual detained can meet privately in order to discuss the strategy they will take concerning question and answering and the legal process.…

General Article

How to Find the Right Criminal Lawyer

How to Find the Right Criminal Lawyer

Nobody wants to be in a position where you would need to get a criminal lawyer to defend you or a loved one in court, but what do you do in case it happens? Do you just go for the first lawyer that you come across? That is not likely to be a wise move on your part.

Lawyers are just like doctors. They also have their own fields of specialization. That’s the part of law that they have focused and spent much of their time on.

What you need to find are lawyers who have focused on criminal law more than anything else. So how do you go about finding the right one? Here are some ideas:

1. Specialization is the name of the game. It means that for criminal lawyers, there are also some specializations within them that lawyers can delve into. What you need therefore is to find someone who has considerable experience and knowledge in the particular field of criminal law that you are concerned.

2. You should think twice before settling for a public defender, because on the average they have more cases than what is recommended by law experts as advisable to be handled. If you have the money to spend you should try to get your own lawyer. It could be your freedom that would be at stake.

3. Decide on the kind of qualities that you would like to find in your lawyer. Do you want someone with an extensive experience, but is quite too busy to become too involved in your case? Would you rather prefer someone who is less experienced, but is very hardworking?

4. Go for personal referrals from people that you know. They might know of a good criminal lawyer who can help you out. Personal referrals are still the best way to go in finding some service that you need.

5. Find out if they belong to any group of criminal lawyers. Affiliation to regional and national groups of criminal lawyers is a good indication that someone is really into criminal law.

6. If you want to determine how a lawyer stands in the estimation of his colleagues, then you should try to find out if they have ever held any office in any of the lawyer groups to which they belong. Holding an office is a good indication that they are competent in their field.

7. Don’t fall for ads and the claims that they have there. They would put anything there to get you in. The best thing is for you to meet or talk with a lawyer personally so you can decide if he really has what it takes.

8. Find out if the lawyer has taught at a reputable law school. Teaching law is one of the marks that a lawyer is really something.

9. Find out about their rates. A lawyer might be good and all, but you might not be able to afford them.

These are just some of the more important things that you need to look for in a criminal lawyer.…