Legal Insight. Business Instinct.

Month: December 2021

General Article

What Types of Cases Are Considered Aggravated Assault?

What Types of Cases Are Considered Aggravated Assault?

The Arizona law indicates a number of factors that elevate a physical assault to a more severe charge of aggravated assault. If the assault results to a serious physical injury, whether leading to temporary or permanent disfigurement, then the case can fall under aggravated assault. The use of a deadly weapon or any dangerous instrument upon the assault is another factor leading to aggravated assault. Also, the charge is said to fall under the said assault when the person commits the crime after entering the home of another person to inflict serious physical injury.

A stronger case can be presented by the prosecutor if he or she can prove that the suspect is eighteen years old or older and the victim is only fifteen years old or younger. Another strong point to consider is if the suspect knowingly commits the assault against a peace officer.

If you are driving and you injured another person while impaired, it can also result to an aggravated assault charge against you regardless whether it involves physical injury or not. For example, if a person points a gun directly at another person and threatens them, then it can be a factor for aggravated assault. Even just a threat of serious injury is considered a good cause.

Another common case that can be considered as an aggravated assault takes place during bar fights. When even one person suffers because of it, he or she can file a case against all those who are involved. So if you are in the wrong place and at the wrong time, you better consult a good defense lawyer to get you out of the mess.

When a person is found guilty of an aggravated charge of assault, the minimum imprisonment sentence he or she can get is five years. That is a lot of years to spend locked up in the four walls of a prison cell. In order for you not to go that far, hire a skilled defense attorney. Look for an attorney that already has experience in the case so he can give you valuable advices and increase your chance of being acquitted. You need a positive result in your criminal case so when you are charged in a civil suit, you already have leverage.

Do not just rely on police reports. Conduct your own investigation or you can even hire your very own private investigator to help you out with the case. Also, with an aggressive and skilled aggravated assault defense lawyer, you can get out of the criminal case unharmed, with your reputation still intact. You can either plead self-defense, or defense of a third party or even provocation.…

General Article

Learning About Being A Criminal Lawyer In Today’s World

Learning About Being A Criminal Lawyer In Today’s World

There are several things about working as a criminal lawyer that people must take into account before they consider this for a career. The people that they will represent will be criminals charged with dangerous and violent crimes. These people could very well be vicious predators who have raped, tortured and murdered people of all ages. Crimes committed that fall under this jurisdiction of the court system have threatened to harm, harmed or endangered the safety of society in general.

Civil law is different in that it does not deal with the more heinous aspect of crime. It deals with civil actions, such as bankruptcies, financial issues and misdemeanor charges, such as blue and white color crime. Punishments that are given to criminals in a civil action usually receive hefty fines and fees with probation, although they may have to serve time, depending on the severity of their crime. Criminals who are convicted of in a criminal court will have more chance to spend some time behind bars because the nature of their crimes will always be much worse. These are crimes that directly harm other human beings and their punishments should be as severe as their crime.

Although some countries have whipping and caning as a punishment for some of the harsh crimes that are committed, most countries have outlawed this as a practice and taken up other forms of control, such as long imprisonment terms without parole or redemption. Punishments are very often determined by the culture of the society in which crime has occurred.

It is vital to a criminal lawyer that he or she be well educated, self-confident and highly intelligent. Considering the kind of people they have to work with, having some background or education in the psychological field will not only help understand the mind of someone who commits crime, it will also help the person representing them stay on a solid psychological ground. Many criminals enjoy toying with the court system and all authority figures. Their representative should be well aware of this fact before taking on any tough clients.

Someone who works in this field will be required to spend a certain amount of time helping the local court system by acting as a public defender on occasion. Usually, this kind of system works on a rotation basis and is shared by the local defenders.

Lawyers who work in this capacity will have the knowledge and the ability to make their clients understand the law surrounding their case and any details that might involve them. They will decide if the client should take the stand in their own defense and they will formulate strategies to do the best that they can for their client while still upholding the law.

Each case and each crime are different, although they will generally end up in at least one of a few main categories, such as murder, rape or bodily injury. Lawyers should continue learning through the years, making sure they are personally aware of any changes in the laws that are made.

A criminal lawyer will need to be sharp and focused, dedicated to doing what is right while also making sure the right thing is done in each case. Understanding that crime is not all about what is taken or what is done but what is inside the person is a major factor in doing this job.…

General Article

The Great Career Options Within The Many Law Enforcement Fields Of The Criminal Justice System

The Great Career Options Within The Many Law Enforcement Fields Of The Criminal Justice System

Within the Criminal Justice major, there is a variety of law enforcement fields. While the fields are of different specialties involving different duties and forms of operation, at one point or another, every person with a career in a law enforcement field learned the basics in an Introduction to Criminal Justice course. Some of the most sought after law enforcement fields are the police department, the court system, and the correction system such as prisons and jails. Each field may work independently to achieve its own goals, but overall, law enforcement unites together to maintain a law abiding society.

In an Intro to Criminal Justice course, broad topics are covered and an overview of crime prevention, police officers, courtrooms, and jails are given as well as the exploration of an array of issues that make law enforcement such a complex undertaking. Before attempting the intro courses of this major, like for all majors, students must complete their prerequisite courses.

One of the first things students taking the Intro course will learn is what motivates people to commit such horrendous crimes. It might take some learning before a complete definition of crime is comprehended. New students will also learn about each part of the system and its importance and function as well as the duties involved with the different jobs.

Once students are given an overview of the basics they will be taught about the police officer, which is the first line of defense. The legal issues that police currently face is discussed as well a description of what an officer’s job entails and primary reasons for his or her role in the community. Perhaps there are different protocols for police officers depending on the city of state.

Following the learning of police officers is the adventure of the court system. Each area of the court system is covered in order to give students an idea of the many jobs that make up the system such as the judges, juries, lawyers, court reporters, and bailiff. For these workers of the courts, it can be a day to day overwhelming experience.

After students are taught about the court system, they are prepared to explore the duties involved with the corrections branch. Those who work in this field are in charge of making sure that criminals are paying restitution for their committed crimes. The lives of inmates are examined thoroughly since they are the reason for the existence of correctional facilities.

Once students take a quick journey through each part of the criminal justice since, they will question whether the system handles certain circumstances accordingly such as prosecuting juveniles who commit crimes. There is constant debate with sentencing juvenile criminals since there is a larger number of a crime committed by the youth. Another controversial area in the system has to do with drug related crimes.…

General Article

Understanding The Fourth Amendment

Understanding The Fourth Amendment

If the government or any law enforcement official wants to do that, he or she must have something called “probable cause.” After presenting the probable cause to a judge, the judge can then give them permission by giving them a search warrant to search and ultimately seize any evidence.

Probable cause refers to any facts of evidence that would make a reasonable person believe that a crime is being committed, has been committed, or is about to be committed. A lot of people don’t understand what actually constitutes as probable cause. Usually probable cause is broken down into four categories: observation, expertise, information, and circumstantial evidence.

Observation is the most common form of probable cause. This refers to any evidence that is obtained by law enforcement officials through their senses such as sight, smell or hearing. If a law enforcement official believes that there is an immediate threat, he can search and seize a person without the necessity of a search warrant. This has caused much controversy because some people feel it gives legal justification to racial profiling. If you feel that you were searched and seized without quality observation probable cause then call a criminal lawyer immediately to learn more about your rights. Any evidence found against you may be inadmissible in court.

Some officers are trained in special areas such as learning gang signs and symbols and identifying criminal burglary tools. This is considered Expertise probable cause. Witness testimony, victim testimony, and any information provided by informants are considered Information probable cause. Together, the types of probable cause are usually what are used to convince a judge for a search warrant against a suspect. Any evidence that is found is usually admissible in court because it is considered factual direct evidence against the suspect of the crime.

The last type of probable cause, Circumstantial Evidence, is different; it is used to do display the guilt of the suspect through reasoning when there is a lack of direct evidence against them. It usually occurs through combining different seeming unrelated acts that infer the suspect’s guilt. This includes things like the suspect’s behavior, withdrawing or depositing large amounts of money, or anything that seems suspicious. If law enforcement officials can convince a judge, they could get a search warrant to search and seize the suspect.

If you feel that you have been searched and seized without probable cause even if they law enforcement officials had a search warrant, contact a criminal defense lawyer immediately. Together you can examine the reasoning of the search warrant and determine whether any evidence found against you can be used in court.…

General Article

Serious Traffic Violations Can Ruin Your Life

Serious Traffic Violations Can Ruin Your Life

There are many different types of traffic offenses in the United States. Illegal parking, driving at night without headlights, making illegal turns, taking the right of way from another driver, driving vehicles without functioning turn signals or brake lights, and many other offenses are committed by many drivers, but these are relatively minor.

Very serious offenses like speeding, driving under influence (DUI) of alcohol or drugs, reckless homicide and driving while a license is suspended may entail severe punishment. All these offenses, if not defended properly by the services of an experienced law firm, can ruin the life of the driver.

Speeding is an offense all by itself. However, when a driver is speeding they begin to commit other offenses as well, such as wrong lane changing and failure in displaying signals. Unfortunately speeding often culminates in an accident. If you are involved in an accident, and were not speeding, it will be considered as a plus point on your side. If you want to stay out of trouble you should always remain within the speed limits permitted on the roads you drive.

Driving after excessive consumption of alcohol is a major cause of road accidents in the United States and is looked upon as a very serious offense. In some states, anyone charged with DUI is liable to remain in jail for up to one year. Such a conviction may result in a license revocation for up to two years.

Another traffic law violation considered to be serious, is driving while your license is suspended. Many people do not realize it, but in some states a person can lose their license for several reasons other than a serious traffic violation. These things include seemingly unrelated causes like failure to pay child support, or the non-payment of a court fine. Refusal to undergo a chemical test when arrested for DUI or failure in the test itself may cause suspension.

When a driver kills a person with his vehicle unintentionally, it becomes a reckless homicide. As you might have expected, the gravity of the offense increases if speeding is involved. Anyone convicted on such a charge is not just faced with criminal liability alone. The criminal case is sure to be followed by a civil law suit for compensation to the victims. If the offender is not sufficiently covered by insurance, the civil claim can be enough to ruin that person.

These charges are serious and one of the first things you should do when you are charged with any traffic offense is consult with an experienced traffic lawyer or DUI attorney. This is especially the case if you feel you have been unfairly charged with an offense. A skillful lawyer will not only help you out of the case, but also will help you win compensation for the false charges inflicted upon you.

Even if the charges seem to be daunting, professionals have many techniques for lessening your punishment. One tactic is proving that the evidence is unclear, incomplete and faulty. Another is to obtain witness statements which can be brought forward to prove you are not guilty as charged. Lawyers can also call for scientific tests and the testimony of reputable mechanics to prove the reliability or unreliability of the vehicles involved.…

General Article

Lawyers Lay the Foundation of Any Society

Lawyers Lay the Foundation of Any Society

Law means the rules and legislative department of the country. It involves a wide range of terminologies, as the rules that are designed by one government are different from the other. Every country has its unique and special regulations and rules that are implemented by them. The policies and strategies are made by experts and qualified people. One who studies and acquires knowledge relating to law, attorney, counsel, etc. The lawyers are privileged persons in a country that ought to counsel the citizens about legal and lawful affairs. The world is getting very restricted anyone who commits a crime has to face a punishment. Criminals are not free to commit sins now they are bound by law and are fined and have to suffer imprisonment according to their crime. In the past there was hardly any law practiced in the country people have to suffer and the legal jurisdictions were not defined properly.

Different countries have fussy believes towards law. Everyone has its own priorities regarding the practice of laws and rules. England is known as the mother of common law. Different Islamic countries design their laws and policies according to “SHARAH” that means according to Islamic principles. One of the common examples of practicing Islamic rules is Saudi Arabia. The lawyers are of different types according to their specializations like criminal lawyers, family lawyers, civil lawyers, business lawyers, etc. If you are looking for a lawyer regarding your family problems or business disputes you must be very careful because choosing a wrong person may spoils your business goodwill that is the only asset of a reputed business. There are various lawyers in our country that only deals with local cases but if approach them if must conduct a thorough interview in order to get aware about their skills and tact’s.

It is the lawyer who makes you win or lose in a case. The lawyers who demands higher consultation fee in the initial stages may cost you very much. Before selecting lawyers for your trouble a thorough examination of his background must be taken into consideration. The success rate must be properly found to avoid any misunderstanding in the future. There are many business houses that hire the services of professional lawyers regarding their legal proceeding. During liquidation, winding up, or formation of a business firm it is required to hire a lawyer for all the legal affairs. A lawyer provides you an ultimate solution for all your legal matters.

Lawyers firms are also established in different countries that supplies you their services according to your desires. Criminal cases are often seen in a higher proportion in third world countries like Pakistan, India, Bangladesh, Nepal, etc because the implementation of laws in less as compared to other developed countries. The laws are formed to give justice to the entire society without any discrimination of poor and rich.…

General Article

What Are My Rights Part 2

What Are My Rights Part 2

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 second article we will discuss the dos and don’ts of being stopped in your car, what you are required to do, and what law enforcement officers are allowed to do.

When you are stopped, be sure to keep your hands where the officer can see them. You are required to produce documents of license and registration and proof of insurance if asked for them. As discussed in part one, the officers may ask you questions, and may even have you and your passengers step out of the car and separate you to ask the questions, but no one has to say anything. Most importantly the police cannot search your car without your consent, unless they have probable cause to believe you were involved in a crime, or there is evidence of a crime in your car. Your refusal to allow a search of your car cannot be taken as a basis for suspicion.

Let’s talk a little about WHY you were pulled over. If you were not speeding too badly it is probably just a civil citation. However if any of the following conditions existed, you could be facing a class 3 misdemeanor. A) Driving at speeds exceeding 85 mph anywhere in the state could land you a criminal speeding ticket or B) Driving over 35mph approaching a school crossing or C) exceeding the posted speed limit by 20mph or if no speed limit is posted exceeding 45mph.

The criminal speeding offense carries a maximum penalty of 30 days in jail and up to a $500 dollar fine. Licenses can also be suspended, points against license, driving school, and other penalties as imposed by the MVD.…

General Article

Five Most Common Traffic Offences And How To Avoid Them

Five Most Common Traffic Offences And How To Avoid Them

There are many different kinds of traffic violations that you should avoid. Becoming aware of these offences will ensure that you are abiding by the law and will help you prevent being prosecuted by law. Below are some of the most common driving mistakes that can get you in jail:

Dangerous Driving

This offence is committed when the driver uses unsafe driving practices that result in damage or loss of property, life and resources. In many countries, this is considered as a crime and therefore punishable by lengthy prison sentences. This can be avoided by taking driving lessons, staying on the safe side of the road at all times, and obeying traffic lights.

Driving Under The Influence

This violation happens when a driver chooses to drive a vehicle despite the fact that he is under the heavy influence of alcohol or drugs. According to traffic statistics, majority of accidents occur as a direct or indirect result of driving under the influence of liquor and drugs. The important thing to do in order to avoid this offence is to stay away from booze before driving, and avoid using any kind of unlawful substances.

Negligent Driving

This is the failure to exercise the degree of care and attention which a reasonable and prudent driver would exercise in any given circumstance. To avoid this, one must be thoroughly observant with the traffic situation and adjust accordingly in order to avoid accidents.


The speeding limit depends on the country, state and city where you belong. However, the general rule is that you should avoid over-speeding at all times. Always keep track of how fast you are going, especially in public highways. Many professional drivers fall under this violation every now and then because they are not looking at their speed meters due to absent-mindedness. The simple solution is to be constantly mindful of how fast you are going.

Driving Without A License

In many countries, this is considered as a criminal offence and is categorized alongside theft, fraud and falsification of information. The way to avoid this violation is to simply get rid of being hard-headed. If you really have an emergency and you need to get into a car to reach your destination, have a friend drive you over instead of doing so yourself.

The penalty for these traffic offences vary from country to country. Wherever you reside, you must always take responsibility for your actions on the road. Doing so will ensure that you are always free from criminal charges.…