Criminal Lawyers – Criminal Defence Strategies
Criminal courts dispense justice following technical rules of procedure that both sides to a case must observe. Generally, an act in court requires the permission of the judge before any party can be perform it.
This permission may be obtained after submitting a request verbally in court or in writing, through a motion. Motions are often argued and heard before a judge and are best handled by criminal lawyers. Melbourne criminal courts strictly adhere to rules of procedure and non-compliance may adversely affect the outcome of your case.
Basic steps for filing a motion
Notice and hearing are important elements of any motion and follow a chronological order. A motion always starts by giving notice to the other party and to the judge as well of your intention to seek the court’s permission to do something. A motion must cite specific reasons and applicable legal precedent which the adverse party has the right to review and oppose.
At the motion hearing, both sides are given the opportunity to give oral arguments before the judge hands out his decision on the matter.
How to use motions in criminal case
Depending on the circumstances of your case, your lawyer may file the following motions to obtain clearly specified outcomes:
* Motion to modify bail, if you want to change your bail status
* Motion to dismiss complaint, if you want the judge to dismiss an insufficient criminal complaint against you
* Motion to reduce charges, when the details of the alleged criminal incident do not accurately describe the charge against you
* Motion for change of venue, when you feel that moving the trial of your case to another court will ensure a fair trial
* Motion for bill of particulars which may be used to obtain all details of the charges against you
* Motion for discovery, which if granted by the court, will require the prosecution to turn over all evidence in their possession, an important tool in many criminal defence strategies
When to make motions
Appropriate motions may be made at various stages of the court proceedings, whether before, during or after trial, although not all motions are available to you after trial. Timeliness coupled with thorough knowledge of the facts of the case and applicable law is crucial in seeking approvals of motions.
Seasoned criminal lawyers Melbourne practitioners preferably, are familiar with local court systems and can increase your chances of obtaining favourable outcomes in your motions.…
Why a Concealed Weapons Permit In AZ Is Superior To Relying on the Constitutional Carry Law Alone
Obtaining a concealed weapons permit, as I explained in my last article, is time consuming and costs money. Instead, a person could choose to rely on the “Constitutional Carry Law,” that was recently enacted. This is actually a poor decision. There are many extra restrictions which could land someone in hot water rather quickly. Obtaining a permit is well worth the time and money invested, and could end up saving someone a much larger amount of time and money.
The first thing that should be understood is the federal weapons-free school laws. Simply put, no one besides a peace officer or a person with a concealed weapons permit may have a concealed weapon within 1,000 feet of a school zone. If you were to draw out most urban areas and plot out this 1,000ft distance in circles, you would find that you are almost completely unable to travel in an urban area without crossing one of the boundaries. This is normally not an issue as federal police do not enforce traffic regulations or petty crime, however the person without a concealed weapons permit is in technical violation and could theoretically be charged with a crime.
Next is the restaurant issue. Any establishment which serves alcohol is off limits to anyone without a concealed weapons permit. Even then, they may restrict weapons (as many any property owner), but there is no allowance for someone without a permit to carry in a restaurant or bar. Of course, even with a permit the weapon must be completely concealed and the permit holder may not consume alcohol while carrying.
In addition to the stated reasons, there are several more complex ones at work in this situation. A person carrying a concealed weapon is advised to disclose that fact to any police officer who is in contact with them. This is not to threaten, obviously, but to let them know so they are not “surprised” if they catch a glimpse of it. A permit, by virtue of requiring a background check and fingerprints, vets the holder in a way. While it is in no way an assurance of innocence, it give a bit more of a mantle of reliability and uprightness to the person who possesses it. This is obviously out the window if the permit holder is caught violating a law, for example carrying in a restaurant that clearly does not allow it.
Obtaining a permit requires training that others would not receive as well. The legal statutes can be complex and should be understood before one begins carrying a weapon. The class required to get a permit review these, and provide the permit holder with resources for further education. There are many reasons to obtain a permit, both stated and implied. Overall, the commitment of eight hours and a hundred dollars is well worth the added benefit for the citizen who wishes to be armed.…
Why Should You Call a Criminal Defense Attorney?
A criminal defense attorney can be most effective if brought into a case at the earliest possible time. While good legal advice and representation can begin and be effective at many points in the legal process, a person who is accused of committing a crime may be best served by enlisting a lawyer as soon as possible. There are at least five situations in which you should call a lawyer:
If you think you are under suspicion of violating criminal law, the advice of a lawyer on how to proceed can be extremely valuable. Someone may have told you they were questioned by police and your name came up. You may know that you had some involvement in a crime that has occurred. You have rights, and it is best to understand them, and how they can be protected, before the police get in contact with you.
If you have been questioned or are being asked to come in and answer questions, the counsel of a lawyer can be very beneficial. The Miranda warning police recite when arresting someone states that “anything you say can, and will be used against you”. During questioning, even if you are not under arrest, you want to be very certain of what you say. You have the right to an attorney at your side.
If you have been arrested, a lawyer can make certain that police are respecting your rights, including your right to say nothing. The arrest process is also an opportunity for your lawyer to learn more about why police made the arrest, and what evidence they feel they have against you. There is no need to go through an arrest on your own.
If you have been appointed a public defender and you are not satisfied with the level of representation you are getting, you may wish to call a lawyer at a private firm. You may have had a lawyer appointed for you, which is the law, and you may have discovered that these dedicated public employees have a heavy case load and cannot give you the attention you feel you need.
If you know you are guilty and want your rights protected, having a criminal defense attorney advising you, and representing you is essential. You will be under pressure to admit your guilt, but this can have consequences on the rest of your life. It may be possible to mitigate the punishment with your lawyer negotiating a deal on your behalf.…
Get Out on Bail by Hiring a Criminal Lawyer Arrest Expert
Generally, a person under arrest can apply for temporary release from police custody or for bail with the police sergeant at the station where he is being held. The ability to post bail goes hand in hand with the legal presumption of innocence that anyone accused of committing a crime enjoys. Bail application requires some legal knowledge and is best made with the help of a criminal lawyer. Melbourne’s special laws on bail provide several options so you don’t stay behind bars while your case is being tried in court.
In many cases, applicants are refused bail when they have been charged with serious offences such as homicide and armed robbery. The following are the factors that a police sergeant considers in deciding a bail application:
gravity or seriousness of the alleged offence
possibility of flight or absconding
possibility of committing the same offence or interfering with evidence or hindering investigation
the protection of the applicant for bail
any medical or other care that the arrested person may require
any previous violation of bail conditions
strength of the evidence of guilt
any prior convictions
any special need for the accused to go on bail
When police bail is refused, the person charged with an offence may apply for a review of the bail decision in court. In which case, the bail applicant may be asked to present evidence under oath to substantiate the grounds relied upon in the request for bail review. Bail decisions made by a magistrate are reviewable by the Supreme Court, whose decision on the matter is final and can no longer be appealed to any other authority.
If you are arrested on a weekend in remote areas where a court is not readily available, you can request for a magistrate to review the police bail refusal by telephone. The police sergeant who refused bail is obliged to contact a magistrate immediately upon receiving such request.
Kinds of bail
You may be released on bail on your own undertaking by signing a bail agreement and personally guaranteeing:
your appearance in all hearings
compliance with all conditions of the bail agreement
forfeiture of a specified sum of money for inexcusable absence at any hearing or failure to comply with any of the terms of the bail agreement.
A person released on his own undertaking may be required to present a guarantor who will execute a separate agreement guaranteeing that the person who is out on bail will comply with all the conditions of his bail agreement. The guarantor may also be asked to present a cash bond which may be forfeited when the person out on bail violates the bail agreement.
While anyone placed under arrest in Melbourne may apply for bail directly in the police station or in court, a lawyer can assist you in filling out the application form, citing all the reasons in your favour, and guiding you through the next procedures in case your bail application is denied.
Avoid jail time by posting bail with the help of a criminal defence lawyer Melbourne focused. Law firms are ready to assist from the moment you inform them of your arrest.…
Tennessee DUI Laws – Implied Consent
Tennessee, like most states, has what’s called an implied consent law. This law deems that any person who operates a motor vehicle in the state of Tennessee has given consent to a chemical test to determine the alcoholic or drug content of their blood. The test is given at the direction of a law enforcement officer, and the officer must have reasonable grounds to believe the person was driving while under the influence of an intoxicant or drug. Even though the law says “reasonable grounds,” a higher court in Tennessee has ruled that in order for the consequences of refusal to apply, the officer must find probable cause, not reasonable grounds, to believe a motorist has consumed intoxicants, and that a blood alcohol test will produce evidence of intoxication.
Prior to the test, then, there must be a belief that the driver was under the influence. This would include observations of slurred speech, bloodshot, watery eyes, or an odor of alcohol. Refusal to submit to the test will result in suspension of the driver’s license, and the driver must be advised of this prior to the test. For a first DUI offense in Tennessee, the length of suspension is usually one year.
Violation of the implied consent law is not a criminal offense, but rather a civil forfeiture. The only penalty is that the driver loses their license for one year (or longer, depending on circumstances or prior convictions). There is no jail time or fine. Thus a driver has the right to refuse to submit to the chemical test, but the right is not absolute. Even if the driver is acquitted of DUI, or the charge is dismissed or reduced, they will still be found in violation of implied consent and will have their license suspended. In this sense, refusal to submit is a matter of strict liability, which means that the state does not have to prove intent.
Even if a driver loses their license because of refusal to submit, they may apply for a restricted license. Application is made to the court, which will prepare an order for the restricted license. The driver must then take the order, along with the necessary insurance documents, to their local driver’s license office and complete the driver’s license test. With a restricted license, the individual may drive only to work, school, church, their probation office, or certain court-ordered activities.
So what should you do if you find yourself stopped on suspicion of drunk driving and are asked to do a BAC test? Any criminal lawyer will tell you do not submit. You deprive the state of potentially damaging evidence against you. If you submit and it’s.08 or higher, that is per se evidence of intoxication and it makes the State’s job much easier to convict you (but it still might not be a slam dunk). But now you know that if you do not submit you will lose your license whatever the outcome of the case, and you’ll be informed of such by the officer. You’ll also be arrested on suspicion of DUI. The officer may tell you if you submit and pass the test (a reading under.08), you’ll be let go. Decisions, decisions. Generally I would advise not to submit, as a restricted license and a few hours in jail isn’t the worst thing that can happen to you, but it’s just a call that you’ll have to make if and when that time comes.…
How A Property Crime Lawyer Can Help With Charges
In the defense against charges of property crime, a lawyer who knows property law and is well-trained in defending criminal cases can do a lot to not only protect the rights of the accused, but also to help lower charges or have them dropped altogether. With knowledge of how to defend the accused and how to find the right evidence through pre-trial investigation, a good criminal defense lawyer knows how to best take care of their clients and provide them the best legal protection.
Property crime is defined as a category of criminal acts that involves the taking of property, but without force or threat of force against a victim. In effect, armed robbery, for example, is classified under violent crime as opposed to theft. Crimes under the category of property crime aside from theft include burglary, larceny, motor vehicle theft, arson, shoplifting, home invasion and vandalism.
What a defense lawyer can do to assure the protection of the accused during the case includes interviewing the involved parties, police and possible witnesses to uncover the truth and help prepare an aggressive case in the client’s defense. Since a defense lawyer will uphold the right of the accused to a fair trial, they can cross-examine any witnesses if ever to ensure that there were no exaggerations or lies during the testimony.
Although some crimes filed as an act against property law may not be as serious as others, a property crime lawyer can safeguard the rights of the defendant and help prevent any unnecessary damage to the client’s reputation.…
Criminal Law – Criminal Convictions and Sentencing
A criminal conviction is when a court of law finds a defendant guilty of a crime and comes to a verdict. The opposite of a conviction is something called an acquittal. In the criminal justice system, there are flaws and sometimes guilty people are actually acquitted and innocent people are convicted. This is way appeals are put in place to avoid and mitigate this problem, if and when it arises. A mistake in the criminal justice system which results in a conviction of an innocent person is known as a miscarriage of justice.
After the defendant is convicted, the court that he or she is tried in, will decide the suitable sentence in the form of a punishment. However, convictions can lead to ramifications outside of the sentence given, which is called collateral consequences of criminal charges. Such convictions can be called minor convictions, which are in effect, is a warning conviction and does not really affect the defendant. A person with a number of convictions in their past will have more collateral consequences of the criminal charges, and a history of convictions are call antecedents or ‘previous’ convictions. Despite minor convictions not affecting the defendant too much, they still show on a person’s record as a previous conviction.
A defendant is sentenced by a judge after he or she has either pleaded guilty to a criminal offence or been found guilty of a criminal offence following trial in the courts. A judge or magistrate will make the decision as to the suitable sentence for the defendant’s offence that they committed, by taking into account different important factors, including the facts of the case, the maximum penalty and any sentencing guidelines punished. The law relating to the criminal justice system is largely found in the Criminal Justice Act 2003.
The Criminal Justice Act 2003 has aimed to provide understandable and more variable sentencing guidelines. It has included the purposes of sentencing; the principles behind sentencing, for example, the reduction in sentence for a guilty plea, the principles relating to previous convictions and offences committed whilst on bail, and statutory aggravating factors; terms relating to different types of sentence and when they may be applied; terms relating to the sentencing of dangerous offenders; and provisions in relation to release of offenders.
The 2003 Act also sets out the maximum sentences for specific offences, setting out the most severe penalty a court can grant and the maximum sentences depending on the seriousness of the offence. For offences such as murder, robbery and some sexual offences, the maximum sentence is life imprisonment. These maximum penalties are meant to be applied to the most serious and extreme criminal cases and it is the judge or magistrates duty to decide the suitable sentence for the offence that the defendant has committed.…