Help for Law Students: Common Law and Modern Law Distinctions
Help for Law Students: Common Law and Modern Law Distinctions
A common question from law students is whether they should discuss both common law and modern law on law school exam essays. My answer to that question is YES! Discuss both on law school exam and bar exam essays when there is a distinction between the rules.
For instance, when discussing burglary on a criminal law essay, state the common law rule. Note: make sure you memorize the rule for burglary. If you’ve memorized the rule, stating the rule should automatically trigger your memory of the distinctions. After you state the common law rule for burglary, mention the distinctions under modern law, i.e., it is no longer required that a defendant enter the dwelling of another, or that he enter at nighttime. A defendant may be held guilty of burglary if he enters any building with the intent to commit a crime, regardless of the time of day he enters.
Also, when discussing rape on a law school or bar exam essay, be sure to state the common law rule. Remember: memorize the rule for rape. Memorizing the rule will allow you to better analyze the question and should trigger your memory of the distinctions. After you state the common law rule for rape, briefly mention the distinctions under modern law, i.e., at common law a man could not be held guilty of rape if he engaged in sexual intercourse with his wife. However, under modern law, a man may be held guilty of rape if he engages in sexual intercourse with his wife without her consent.
Again, keep your discussion brief. The point is to show bar exam graders and your professors that you are aware of the distinctions.…
How A Criminal Lawyer Can Help You In Your Case
How A Criminal Lawyer Can Help You In Your Case
Sometimes people’s lives can be turned upside down with an unexpected arrest or finding out they have a warrant for their arrest. Often, the person knows that they are not guilty and their first instinct would be to start talking in attempt to convince the law enforcement officer that there is a misunderstanding. In these cases, a good criminal lawyer may be the difference between an outcome of innocence and guilt.
When arrested, it is your right to have your Miranda Rights read to you. Be sure to recognize your rights and understand them clearly before saying you do. You will need to remember that you have a right to one phone call and a lawyer if you cannot afford to have one. Speak when spoken to, but only state that you want to speak to an attorney.
During the process called the arraignment, the formal charges you are facing will be stated to you. The attorney is responsible for making sure that everything is taken care of, and it is best here to be seen and not heard. Understand how your lawyer will be handling the situation before going into the courtroom. Judges frown on unnecessary interruptions during sessions.
When you plead not guilty, then the real defense process begins. This involves the gathering of evidence on both sides of the courtroom. Statements, witnesses, photographs, and many other things are collected to prove your innocence. The jurisdiction of the judge and jury will be assigned and your case will then proceed accordingly.
You have the right to a judgment by your peers, in other words, twelve persons of your local community that will determine your being innocent or guilty. Your representative in court will ask questions that will determine whether or not a witness is indeed being truthful or not. Persons who have taken an oath to be on the stand will need to remember that they are there as a witness, not because they are your friends or enemies.
The trial time and date will be issued during the arraignment. If you are unable to attend the court date due to health conditions, the judge may make arrangements for a web video feed for your presence. There are situations where the court cases have been brought to the defendant. They are similar to the idea of closed circuit television.
The last day of the court session is when the verdict is read. Persons found guilty will be issued a sentence. It is your lawyer’s job to ensure that your case has been presented thoroughly and that reasonable doubt has been raised. The jury will deliberate and then once a unanimous decision is reached a verdict will be issued.
When you are charged with a criminal offense there will be a lot of uncertainty and anxiety surrounding your situation. You will be faced with the potential of incarceration, and this is very unsettling to most people. When you are prosecuted for a crime, it is always recommended to have a reputable criminal lawyer to represent you and ensure that your rights are protected.…
Be on Your Best Behavior When Pulled Over by Police
Be on Your Best Behavior When Pulled Over by Police
DUI (driving under the influence) is against the law and often has tragic consequences. Nobody should drive impaired, not for any reason. There are many reasons why people drive intoxicated, none of them good, but when you are arrested for DUI you can lose your license and even your livelihood. It’s important to know what to do in case you are pulled over for suspicion of DUI.
First, when you see those red and blue lights in your mirror, use your turn signal to indicate your intention to pull over. Using your signal will let the officer know that you are alert and cooperative. It may even put doubt in his or her mind that you might be impaired. They will be looking for behavior which indicates impairment such as an untucked shirt or bare feet will heighten their suspicions.
When you come to a stop, have your license and registration ready, your window rolled down and your hands visible. Most officers appreciate your having your hands atop the wheel holding your license and registration. This establishes that you are cooperative and considerate of their safety. Don’t douse your mouth with breath spray or mints; they don’t fool anyone and can contribute to establishing your “consciousness of guilt”.
Did you know that you can refuse a field sobriety test? You can legally refuse to submit to any field test such as a coordination evaluation or a breathalyzer. If you do not submit to the field sobriety test you’re denying the prosecution some proof that you’re guilty of DUI. You are also not obligated to answer any questions and indeed, you can incriminate yourself if you admit you have had a couple of drinks. Admission of drinking gives the officer probably cause to arrest you. Some states allow the officer to arrest you even if you are below the legal limit.
If you do choose to take the field sobriety test, be sure you inform the officer of any physical condition that could affect your balance. An inner ear infection or condition or tinnitus could affect the way you walk. An old injury might choose that moment to throw you off balance, or arthritis in your feet or knees could make you stumble. If you have a condition that causes tremors or shaking tell the officer about that, too.
Your rights vary from state to state but most don’t let you have your attorney present when you’re tested. As stated before, these tests are voluntary but the officer won’t tell you that. If they ask you to take the field sobriety test, they are likely planning to arrest you anyway. Be on your best behavior and treat them respectfully.
As soon as you can, retain an attorney that specializes in DUI cases so that your rights are protected and you aren’t unjustly accused. If you are guilty, an attorney will do his or her best to see that you are treated fairly and get the lightest penalty possible.…
Knowing Your Legal Rights About DUI Before You Are Pulled Over Doesn’t Make You a Criminal
Knowing Your Legal Rights About DUI Before You Are Pulled Over Doesn’t Make You a Criminal
Before I begin this article, I must admit, I am a little biased. I am a Seattle DUI attorney and Bellevue DUI attorney, and I deal with people every day that fail to appropriately exercise their rights. And not only does it make my job harder, but it makes the likelihood of beating a DUI charge much smaller. And knowing what to do does not make you a criminal, it makes you an informed citizen. The purpose of this article isn’t necessarily to teach you how to get out of a DUI. It isn’t that easy. But what I do want to do is let you know that it is okay to know your rights and exercise those rights when you need to.
Being stopped by the police for any reason is usually a scary proposition. I am a criminal defense attorney, and if I am ever pulled over by the police, even for speeding, I must admit a shot of adrenaline goes through my body. This is because we know powerful police officers are. Not necessarily physically, but by the sheer fact of having a badge to wield. And that means at any given time we know in the back of our minds that police officers can give us a lot of trouble if they want to.
But it doesn’t have to be that way. You can stand up for yourself in the face of police interrogation and intimidation tactics. And it doesn’t take a strong voice. It doesn’t take a law professor’s knowledge of constitutional law. All it takes is memorizing a couple of hard and fast rules. And if it makes you feel any better, knowing these rules doesn’t have to be so you can get out of criminal charges. It is bigger than that. This knowledge levels the playing field against the police officer. It forces them to do real investigation, find real facts, and draw real conclusions, without the benefit of your twisted words. These rights are yours as a United States citizen, and you should exercise them every chance you get.
But, make no mistake, the police officers are not going to let you off easy with making this decision. They are not used to people knowing the proper way to deal with them (which does not include arguing or talking your way out of a jam), knowing the weak links in their armor. And they will try to fight you (mentally) tooth and nail to prevent you from attacking those weaknesses. Let me give you the primary example of how this works.
Let’s say you are driving home after happy hour in Bellevue. A police officer pulls you over, and you have no idea why. When he gets up to the car he asks for your license and registration, which you give him. Then he says he smells alcohol on your breath and asks if you’ve had anything to drink tonight. You tell him you attorney told you not to answer that question. And you remain silent. And then he lays it on you – the classic comeback – “If you aren’t guilty of anything you should have no reason not to talk to me.”
What you do after that will dictate the rest of your night with this officer. If you start talking, you are on your way to trouble. If you don’t respond to his barb at your ego, then you may be in for a tough night (they don’t like it when you exercise your rights) and you may be arrested for Bellevue DUI, but you will have the upper hand from that point on. And it does not make you a criminal to exercise your rights. George Washington founded this country by exercising his rights against the government. It is the cornerstone of this formation of this country.
Don’t be afraid to find out about your rights, and don’t be afraid to exercise them. The police won’t be happy you did so, but we aren’t really trying to please them, are we?…
Criminal Defense of the Possession of Narcotics For Sale Case
Criminal Defense of the Possession of Narcotics For Sale Case
Defending a California Health and Safety Code 11351: Possession of Narcotics for Sale
A California Health and Safety Code 11351 violation is defined as having possession of controlled substances or narcotic drugs that the individual intends on selling for profit. Narcotics might include prescription drugs like codeine, morphine, or oxycontin – or drugs like cocaine, heroine, or PCP. Individuals accused of possession of narcotics should contact a criminal attorney right away.
Defending a Possession of Narcotics Charge
Attorneys use several different defenses for their clients who are charged with possession of narcotics – based on the client’s unique situation and the circumstances surrounding the case. Some of the most common defenses include:
Defense 1: Illegal Search and Seizure:
If the police have searched the accused individual’s car or home without a warrant, it could be grounds for a dismissal. It is important that the police have followed the proper protocol, and in order to search a vehicle or home without permission of the owner, the police need a search warrant signed by a judge. A search that exceeds the allowance of the warrant is also illegal, as are situations where excessive force is used to obtain the substances.
Defense 2: Lack of Possession
This defense is often used when two or more individuals were apprehended along with the drugs. The state must prove that the items were belonging to you, and if you’re with several other individuals, it could be very difficult for the state to prove that they belonged to you. If it can’t be proven, the charges against you could be dismissed.
Defense 3: Lack of Knowledge
This defense is also often used when there are more than one individuals apprehended. For instance, Jack’s friends pick him up at the corner of Main St. In the trunk of the car they’re driving are several bags of cocaine. Jack has no idea the cocaine is in the car, but two blocks later, the car is stopped by the police. Jack shouldn’t be convicted of this crime because he had no idea that the drugs were present in the vehicle when he entered it. This defense can result in the charges being dropped against Jack.
Defense 4: No Intent to Sell
An accused individual cannot be convicted of this particular crime if he or she had no intent to sell the drugs he or she was in possession of. They may have had the drugs, but intended to use them rather than sell them. The circumstances and other evidence found with the drugs will determine whether this defense will work. For instance, if a large amount of cocaine was found by itself, it may be for the individuals who have it. However, if it’s found with additional, smaller and empty bags, it could be said that the smaller bags were going to be used for distribution.
Anyone who has been accused of possession of controlled substances with intent to sell needs to contact an attorney right away so that attorney can get started mounting a defense right away. This will help ensure the rights of the accused.…
Best Help Through the Guidance of Expert Solicitors
Best Help Through the Guidance of Expert Solicitors
Roads are traveled by each one of us and therefore all of us are equally prone to the unpredictable facets of road accidents that are bound to happen sometimes due to our own mistakes and sometimes due to the filly of others but the main cause is the careless approach or disobedience of the traffic rules and regulation.
However, many a times there are situations as aforementioned when we get entrapped in unnecessary troubles owing to the violation of the traffic rules and regulations and in such situations the wisest decision is to seek guidance of the expert and experienced road traffic solicitors. These experts assist you to step out of troubled water without much hassle.
One thing that should be completely avoided is spoiling the situation further by getting into unnecessary arguments. Instead taking the advice and guidance of solicitors who are well acquainted with the legalities of motoring offences is the a perfect solution. The main reason behind this is that these solicitors have all the legal knowledge. They are experts in handling such situations in a professional way without any further trouble. At the same time through the effectiveness of their expertise in the areas of motoring offences, they provide the most logical solution at any given point in time.
It has been observed that many a times when someone commits any kind of motoring offence then that particular person out of personal fear or due to any other factor makes the situation worse for him by either hiding the offence or escaping. Ideally that is not the way to deal with the problem. This kind of approach only accentuates trouble and complicates the nature of the case in hand.
Instead if one takes the resort of motoring solicitors then one can easily come out of the entire trouble as these qualified professionals have the complete knowledge of expertly tackling the entire affair in the most logical and legal manner.
Today amidst the tantrums of the fast moving life often we are not able to make correct decisions and when trapped in such a situation, we are sucked into a vortex of despair.
Whatever be the reason or whoever may be the guilty if one takes the help of a qualified motoring solicitor then definitely one is assured to come out of the problem hassle free.…
Finding A Good Criminal Lawyer To Represent You
Finding A Good Criminal Lawyer To Represent You
If you find yourself accused of or arrested for a crime, you will need a knowledgeable criminal lawyer. Obtaining one who is aggressive in their defense and also knowledgeable of the laws in your state is vital for having a proper defense. When looking for an attorney, this is the kind that you need in your corner.
Every law enforcement agency is required, by law, to tell the person being arrested that they have the right to have an attorney present when questioned. It is imperative that this right be maintained prior to answering any questions regarding the charges. It has often happened that an innocent person has been convicted because they thought all they had to do was tell the truth.
When being questioned in a police interrogation, anything one says can later be presented in a court of law. The importance of having representation present before saying anything is unquestionable. Having their advice and representation can mean the difference between being found guilty and serving a prison sentence, or being found innocent and being allowed to go free.
Questions asked in an interrogation often can have two meanings. They can mean different things, depending on who does the interpretation. For that reason, having a lawyer present at all times will keep you from falling into that trap. The lawyer will advise you when not to answer such questions.
There are often many versions of what happened at a crime scene. By being completely honest with your lawyer, he or she will be able to do a thorough investigation with the use of professionals in the field. This would include things such as investigating the crime scene, speaking with witnesses, gathering all written reports and other evidence. This will give you the assurance of excellent representation if the case goes to trial.
When a person has a criminal history, it will be brought up in a criminal trial. Informing your lawyer of your criminal history early on will allow them to prepare a better defense in your behalf. Complete honesty is necessary when dealing with an attorney who is on your side.
When criminal charges are filed it is something that is not going to be solved overnight. Such cases are usually long-term affairs, which take months to resolve. This means that a long-term relationship between you and your attorney will develop. After he or she has gathered all the facts and evidence, you will be told approximately how long it will be before going to trial. In television stories everything is done very quickly, but that is not the case in real life.
When one’s future is at stake from facing criminal charges, it makes sense to obtain the services of someone who knows all the rules and regulations regarding this area of the law. An expert criminal lawyer knows exactly what steps to take to provide fair and equitable treatment for their client. With their knowledge and experience, they can immediately see the entire picture and provide the best defense possible.…
Wrongful Arrest
Wrongful Arrest
Police are often under great pressure to catch criminal suspects, particularly for high-profile crimes. Sometimes they may make arrests without much evidence or justification. An innocent bystander who was simply in the wrong place at the wrong time may suddenly find himself or herself being arrested and charged for a crime that s/he did not commit. Getting arrested for something that you did not do is a terrible injustice, but unfortunately it does happen more frequently than we would like to admit.
If You Are Arrested
Many people who are arrested try to put up a great fight against police officers and may even try to run away when they are stopped. If you are approached by police officers because they suspect that you were involved with a crime, the worst thing that you can do is try to run or fight back. Even though you know you are innocent, the police believe otherwise and there is nothing that you can do at this point to convince them otherwise. Rather than trying to resist arrest, it is better to go quietly and speak to a criminal defense lawyer as soon as possible.
How to Respond
If you are arrested for a crime that you did not commit, you are likely feeling shock, frustration, anger, confusion, and even rage. A wrongful arrest is a horrible mistake, but by yelling or resisting you may end up hurting your own case. Violence during arrest could be interpreted as evidence of your guilt and used against you later in court. If wrongfully arrested, be sure to do the following:
Stay calm. Rather than lashing out at the police, try to remain calm so that you do not end up hurting your own case for your innocence.
Remain silent. You have the right to remain silent, meaning that you do not have to reveal any information to the police or answer to an interrogation. Avoid saying anything that could be twisted and used as evidence of guilt.
Contact a criminal attorney. Before speaking to anyone else about your mistaken arrest, even friends and family, contact a criminal defense lawyer to assist you with your case. He or she will instruct you on how to best maintain your innocence and will fight to protect your rights under the law.
While you may feel that you are trapped in a mistaken situation, a criminal attorney can help you fight the charges that were wrongfully brought against you. Everyone is innocent until proven guilty, and your criminal lawyer will scrutinize all evidence and testimony brought against you to look for errors and weaknesses in the prosecution’s case. As experienced criminal defense attorneys, we understand that getting wrongfully arrested can be a terrifying experience for you and your family. We are prepared to fight for your innocence and protect you against an unjust criminal conviction.
For More Information
To learn more about defending against a wrongful arrest and criminal charges, please visit the website of the West Palm Beach criminal lawyers of Eric N. Klein & Associates, P.A. today.…