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.…

Criminal Lawyer – The Right Answer When Charged With a Crime

Criminal Lawyer – The Right Answer When Charged With a Crime

Since there are several criminal charges of which, if convicted, could result in substantial jail or prison time, one must make sure they seek the best legal representation. Panicking in this situation may lead to further confusion and tension. Because news of an arrest it certainly an unsettling event, it is reassuring to know that there is help available. The most crucial step to be undertaken is the selection of a competent and experienced criminal lawyer. You need a Minneapolis Criminal Lawyer who understands the challenges you face, and takes the time to evaluate your individual situation to determine the most effective strategies for you. You must choose a lawyer who fully understands the impact that criminal charges can have on a person and his family.

A Minneapolis Criminal Lawyer may prove to be your avenue to freedom. They deal with all the unanswered questions and concerns and provide answers to their clients’ questions, and work towards resolving criminal charges by utilizing comprehensive approaches. An experienced criminal attorney would not only make you aware of all the minute details of your case, but also give you timely and up to date information during the proceedings of the case. They will take care of your needs related to the case and also effectively and efficiently guide you through the challenges of the courts, and provide a clear understanding of the courtroom process.

It is imperative to choose a Minneapolis Criminal Attorney who will strive to devise a strong defense from the very beginning and help you avoid a criminal conviction. They can negotiate with prosecutors, and arrange for reduced charges or a lesser sentence. The lawyer you choose must always be confident, tough and aggressive with a good reputation and who will work hard to make sure that your case is resolved in the best way possible. Your attorney needs to have a clear knowledge of the case, a strong sense of attachment to the community, and must be on your side. So, when arrested for a criminal charge, do not wait. Get the help of a criminal lawyer immediately for your best representation.…

Criminal Law Case Study – Preventing Future WikiLeak Fiascos – Make Fewer Documents Classified

Criminal Law Case Study – Preventing Future WikiLeak Fiascos – Make Fewer Documents Classified

With the nearly one-million people with some form of security clearance in our government or access to such documents in the private sector, it shouldn’t surprise anyone that whistle blower” websites like WikiLeaks are able to get their hands on 100s of thousands of documents and mutli-media classified, confidential, or even perhaps top secret documents.

The government is obviously doing whatever they can to shore up the classified, confidential, or top secret leaks. In fact, the Obama Administration sent out a memo on this to all the agencies. It was a confidential memo of course, so it immediately ended up on all the websites. But I guess that shows how endemic the problem is, and how tough the future challenge might be.

There was an interesting book, report put out recently, that I think anyone interested in this topic ought to read, as it is well worth your time, go ahead and read it now, and then come back to this article of mine and let’s talk;

Interesting report recently titled; “What Should Be Classified – A Framework with Application to the Global Force Management Data Initiative” by MC Libicki, BA Jackson, DR Frelinger, BE Lachman, and N Kalra; RAND Corp, Santa Monica, CA, (2011), 110 pages, Library of Congress Control Number: 2010940485; ISBN: 978-0-8330-5001-4.

The most interesting thing in all this is Daniel Ellsberg, the traitor in the Pentagon Papers Case (look that up on WikiPedia and then again come back to this article) actually took those documents from the RAND Corp, the same group that wrote this book or report – so I bet, they ought to know a thing or two about that. Similarly, Private Manning who data dumped massive amounts of classified intelligence on WikiLeaks betrayed our nation and his sworn duty.

Now then, how do we stop all this? Well, there are a couple of things we do need to change. One is we need to stop stamping everything “classified” or “confidential” when it really isn’t. I’ve had conversations with people in government who couldn’t believe all the things I knew about, which they believed were classified, of course, they couldn’t confirm or deny it, nor did I want them too for their own sake and job security.

Still, there is a whole lot in the media, which is widely common knowledge in various industries, or to news junkies. And since these days with the rapid informational flow – classified really means, “oh like one week, two at tops!” So, one the cat is out of the bag, un-classify all this old stuff because that will do three things;

(1) It will get the workforce handling the information more serious about what still is classified.

(2) It will increase speed of communication, thus efficiency.

(3) It will save a ton of money trying to keep things secret which aren’t and everyone knows it.

Indeed, I hope you will please consider all this and think on it.…

Criminal Law – Objectives

Criminal Law – Objectives

Criminal law is perhaps most well known because of the effects it can have on a society and on an individual if not respected and followed. The consequences are serious and can range from a few months to few years of jail time, to execution in certain states and territories, to things as harmless as council work and community help rendered (which could actually be hundreds of hours of unpaid work).

In most western countries, physical punishment is never handed out, but some Eastern countries have this as a standard response in their criminal law system. Where jail time is warranted, solitary confinement is an option. The length of the incarceration can vary a lot as aforementioned, and it really depends on a number of factors, such as those bearing on ‘guilty mind’ principles and the extent to which the society has been affected due to the crimes executed. In some countries, life-long imprisonment is not uncommon for serious offenders in the states where the death penalty has been outlawed.

Supervision may be necessary in some instances, and this can be in the form of house supervision (also known as house arrest), with the convicted parties required to conform to certain guidelines as part of parole or probation regimen. Money can be seized and property also. The convicted person or persons have very little say in exactly what is kept and what is taken in by the state of their residence or operation. The enforcement applied by criminal law is categorized in 5 separate groups: retribution, deterrence, incapacitation, rehabilitation and restitution. The value of each of these methods is largely determined by the jurisdiction overseeing the law proceedings.

Retribution is the principle that criminals should suffer in some way. This is the goal that is sought out by state- and victim-appointed barristers and lawyers. When criminals have taken unfair advantage of others and have, with consideration for only themselves, made their victims’ lives worse, then it is only right for they themselves to suffer in one way or another. In some Eastern countries it is literally an eye for an eye, and in the Western world it may not be said in as many words but many cases from the ’90s and ’00s demonstrate the willingness of Western legal systems to follow their Eastern counterparts.

One other form of punishment is incapacitation. This is most commonly achieved by subjecting convicted parties to lengthy jail terms to keep them away from the public so no similar crimes can be rendered by the same party for the term of their incarceration.…

How To Lead A Successful Career In Law?

How To Lead A Successful Career In Law?

Over the years the profession of a lawyer has underwent many drastic changes. This is very much true with regard to the section of law handling the corporate sector namely the corporate law. A good reason for this metamorphosis has been the opening up of the market for newer ventures and innovations parallel to the Information Technology boom. Corporate law intends to meet and prepare rules and regulations specific to the legal business operations of a company or organization. The basic requirement for a lawyer to be a part for tailoring the corporate law for an organization is to understand from root the core functions associated with the organization.

Experienced professionals with expertise on tackling securities and transactions are highly sought after for framing the rules and legal papers to which the clients and employees of the company should abide to. The past few decades have been identified with a humongous growth in the market with the smaller players also engaged in international transactions and businesses. The inclusion of smaller business operators have further guaranteed and enhanced the role of corporate lawyers in the industry. Lawyers who have a better grasp of international law are thus finding greater opportunities to formally exhibit their proficiency.

Legal profession obviously has grown up to the status of one of the most remunerative and respected professions all over the world. Although academic excellence could boost the confidence for a lawyer beginning his career as a junior, down the road it is the professional competence that fuels the much needed inspiration for a passionate practitioner of law. Lawyers are often respected highly in the society as they are looked upon as the protectors of law and rules within a body or organization or on a wider scale, the society. The need for lawyers and legal professionals also finds greater scope with the increasing number of domains of life over which the law has to extend its hands.

Apart from the formal education a lawyer receives through his institute days, a successful lawyer is observed to have a firsthand knowledge on the current happenings and changes taking place in the business circles regionally as well internationally. He should also be updated about politics and the important changes in laws and policies of his country. Moreover a lawyer has to be very much keen on understanding the problems of his clients, the normal citizens and upholding the right they deserve as per the conduct of law.…

Divorce, To Be Or Not To Be

Divorce, To Be Or Not To Be

If you are wondering whether or not to have a divorce, you must be having troubles in your marriage. The following discussion will give you tips on dealing with this question.

Opting for divorce is a hard decision to make. You might feel that you are not focused and your mind aimlessly wanders. This is a grueling and confused stage for you because it has something to do with inward reflection. You might realize some things regarding your nature that are not pleasant. You may remember incidents that have been forgotten. You might understand that you are not to blame for this or that you were the main reason why this is happening.

You have to understand that during these times where emotions run high, it is not good to make a decision. Your emotions affect your judgment bad decisions are made. Take some time to clear your head. You need to be logical and impartial. Perhaps you need the help of a good counselor to help you sort things out.

Take a good look at your concept of marriage and comprehend what is needed in order for this partnership to work. You have to be realistic and honest about yourself. Make a list of the pros and cons of marriage versus divorce.

Try to answer the following questions.

Have you ever considered asking help from a marriage counselor? Are you listening to each other or tuning out each other? Have you ever tried to single out the real problems of the marriage? Are your ways of fighting damaging or creative? Do you spend quality time for each other, making compromises along the way? Do you work as a team towards a single goal? Do you hold grudges even after making up? Are you both agreeable to mending your issues together?

Are your finances enough to pay the cost of the divorce, transfer to another residence, or stand on your own? Is the state of your career and your ability to earn stable enough to support your self and the children (if any)? Are you prepared for the psychological issues that the children would be facing once you are both separated? Are you ready for the changes in your lifestyle-house, car, time? Are you ready to be separated from the children when worse comes to worst? Are you prepared to live a single life again-no security, no emotional support, possibly with children?

Writing down the facts about these things can help you rationalize a proper decision. Divorce is such a complicated thing yet it may be your best alternative.…

The Secret About Criminal Lawyers

The Secret About Criminal Lawyers

Criminal lawyers are the ones who specialize in dealing with cases involving individuals or organizations with criminal allegations to their name. The main aim of the best criminal lawyers is to help their clients form such a strategic legal defense so that there is no scope of losing the case. Regardless of the criminal offences a person is charged with, hiring the top criminal lawyers of the city will definitely pay off for the good of the respective client.

Importance of criminal lawyers

Criminal defense lawyers are always ready to help their clients in case they are charged with any sort of criminal offence. Since they are experts in their field of knowledge, they are able to provide high quality service to clients who need them. There are 24 hour criminal law firms that suggest best lawyers to people, as per their needs.

The criminal defense lawyers study the case presented to them thoroughly and look for any loopholes in their favor. Then they use these strong points and form a good argument to be presented in the court at the time of hearing. With their experience and skill, they are able to help people charged with criminal offence to win the case in court.

How to get good criminal lawyers

It is not necessary that all lawyers you contact are extremely good in their field. To hire the services of the top lawyers of the city or the country, you must conduct a detailed research on the performance history of 24 hour criminal law firms. These criminal law firms must have the top notch lawyers who are highly experienced and are dedicated in their field of work and whose main goal is to satisfy their clients better than any other criminal defense lawyer.

Providing the best criminal defense service does not mean that top criminal lawyers should charge extremely high rates for their services. Besides delivering high quality service to clients charged with criminal offences, these talented lawyers must also see that they do not put a financial burden on their clients.

All lawyers must also try to explain the legal aspects of the case to their clients and not try to fool them. It is important that people understand how their lawyer is fighting for the case so that they can provide necessary help whenever required. Communication must be rock solid and useful to both lawyer as well as client. Expertise is the key to look out for, while hiring a lawyer.

In a nutshell, criminal lawyers help people win criminal cases but only if they are extremely skilled in their field of knowledge.…

Dealing With Interrogation – Good Cop & Bad Cop

Dealing With Interrogation – Good Cop & Bad Cop

Any fan of police dramas has seen it dozens of times: a suspect, sitting at a table in a concrete room, is confronted by two cops. These two cops often alternate, each playing either good cop or bad cop. Good cop tries to project empathy, saying things like “if you just cooperate with us…” and trying to seem supportive and understanding. Bad cop, in contrast, acts aggressive and makes accusations and sometimes derogatory comments.

This tactic, even though it has been made famous by TV and movies, is still designed as a psychological ploy. For example, sometimes good cop will defend you against bad cop’s assertions. Being interrogated is intimidating enough, but by appearing to defend you, good cop is trying to make you identify with him so you will open up and yield information. Remember: they’re both police officers and quite possibly friends.

The police have extensive training in psychological manipulation. These techniques have proven effective at extracting information from people which can be used against them, even if they are innocent. The police are also legally able to lie to you as much as they want. On the other hand, lying to THEM is illegal. They will sometimes try to corner you into lying, and if you do-no matter how small the lie-they can prosecute you for that alone, and it certainly won’t help if you face a jury.

At all times, the best and safest policy in dealing with the police is to refuse to talk at all. As the famous reading of the rights says, you have the right to remain silent. No matter what they say-and remember of course that they could be creating elaborate lies-you do NOT have to reply to them or even acknowledge them.

In a lot of situations, unless they have an arrest warrant, the police will simply send a detective to your home. Note that detectives in these cases tend to be in unmarked cars and street clothes. Unless they have a warrant, you do not even have to answer the door if a detective comes knocking at your door. Even if they call and ask you to, you never have to go to police headquarters to “clear things up” with them.

By keeping silent, you can avoid lying or giving away information that could work against you, even if you are innocent. However, if you do face interrogation, remember at all times that this is just an act. Never feel intimidated by their words, even if bad cop is screaming at you.…

Do I Still NEED an Attorney If It’s Known I’m Innocent?

Do I Still NEED an Attorney If It’s Known I’m Innocent?

I will review a known fact here to help you understand why it is better to be represented by a criminal attorney rather than be self represented in court.

Advocacy boosts your perceived innocence

Even if you are innocent of the charges levied against you, it is dangerous for you to conclude that you are off the hook for the crime, because nearly everyone else in that courtroom likely assumes otherwise – and will likely conclude otherwise, unless you have hired persuasive, effective criminal lawyers in Arkansas, to serve as your advocates.

In the courtroom, advocacy means that your opinion is not yours alone, but is shared by others. That starts with having a criminal attorney who speaks on your behalf. This already doubles the number of people in the room who speak of your innocence. However, a skilled criminal defense attorney also brings to bear an effective collection of witnesses and evidence that speak on your behalf, giving you the very best legal defense possible.

Get representation for a strong defense

The burden is not on you but is put on the prosecution to determine whether or not you are guilty. The burden of a skilled criminal defense attorney who can fight for your criminal defense case is to make sure your rights are defended as well as your good name, and to ensure that you have a strong voice before a judge or jury. While you are within your legal right to represent yourself, it is highly inadvisable to do so.

Considering the stakes-your freedom, your finances, and your future-getting strong representation for your criminal defense is your best hope to ensure that you do not become one of those innocent people who are convicted and incarcerated for a crime you did not commit. If you have been accused of a crime and need an effective defense, contact criminal law attorneys today.…

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.…

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.…

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.…

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.…

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.…

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.…

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.…

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.

Over-speeding

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.…

Criminal Lawyers – Criminal Defence Strategies

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

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?

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

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.

Police bail

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

Court 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.

Telephone review

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

Undertaking

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.

Guarantor

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 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

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

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.…

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.…

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

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.

SPEEDING

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.

DANGEROUS DRIVING

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 INSURANCE OR LICENCE

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.

DRIVING WITHOUT AN MOT OR ROAD TAX

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.

OTHER

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 …

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.…

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.…

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.…

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.…

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.…

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.…

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.…

Assessing the Strength of Your DUI Defense Case

Assessing the Strength of Your DUI Defense Case

There are a ton of factors that go into prosecuting and defending a DUI arrest. These factors primarily revolve around the reason for which the vehicle was pulled over, and the way in which the field sobriety test was administered. While police departments are given a certain amount of latitude in determining if probable cause exists for a DUI stop and subsequent DUI roadside field sobriety tests, many times an officer may either be legally incorrect, or exercise poor judgment. In these types of situations, there’s often a strong case to drop the pending charges and avoid a DUI conviction.

To assess the strength of your potential DUI defense, the first issue to be addressed is that of the sobriety test. When the police officer requested that you take a breathalyzer exam, did you refuse? If you did not take the breathalyzer exam, the prosecuting attorney will need to rely on other evidence in proving their case against you. Often times, the lack of this evidence will result in the reduction of DUI charges to a lesser reckless driving charge.

If you refused the breathalyzer exam, the next issue to assess is the field sobriety test. Did you perform the field sobriety test; and if so, how well did you do? If you didn’t blow, and a video review of your test shows that your performance did not indicate intoxication, there’s a good chance that your DUI charges will be dropped. If you didn’t do well, don’t worry; that doesn’t mean you have a weak defense. Your poor performance may have been a consequence of poor roadside conditions. Was there loose gravel or sand on the road? Was the area well lit? Was it raining? Poor roadside conditions do not allow for a fair and impartial field sobriety test. Gravel and sand could cause you to slip and make it difficult to perform to the level that proves your innocence.

Even if you blew over the legal limit and miserably failed the sobriety field test, you could still have a strong DUI defense. In this case, it will likely boil down to the procedural process of the arrest. There are very specific rules that police must follow throughout their initial investigation and subsequent arrest. These range from having the sufficient probable cause to pull you over to violating the Fourth Amendment which prohibits unreasonable search and seizure. If the arresting officer strayed even slightly from the letter of the law, your DUI charges could be dropped.

There are so many factors that go into making a valid DUI arrest along with an equal number of factors that can make the most sober amongst us appear intoxicated. Never assume that you have no chance to avoid a DUI conviction without overturning every stone. Tell your DUI attorney every last minute detail that took place. Even the smallest of details could make the difference between a DUI conviction and a DUI acquittal.…

Consequences of a Crime Under Criminal Law

Consequences of a Crime Under Criminal Law

The concept of punishment makes a major distinction between criminal law and civil law. While in civil law there is no prosecution per se; rather a reimbursement to the plaintiff by the losing defendant, in criminal law a guilty defendant is punished by imprisonment, fines, or the death penalty. In criminal law, maximum sentences on felonies could go to up to a jail term of one year and for misdemeanors a maximum sentence of less than one year. A civil case conducted under tort law can lead to punitive damages if the defendant’s conduct is proved to have intentions for malicious action (cause harm), negligence, willful disregard to other people’s rights.

Compensation for the Plaintiff under Criminal Law

These damages are usually significant in torts that involve such cases as privacy invasion, which may involve a dignitary; and civil rights in cases where the injury or harm done when translated to monetary form is minimal or negligible. Punitive damages are usually intended to teach the public a lesson through the defendant so that the same act may not be repeated. However, these damages are never awarded under contract law where there is a previous contract or agreement involved beforehand.

Tort claims can be paid through insurance that is purchased specifically to pay damages and also to cover the attorney’s fees. This insurance is similar to the standard insurance purchased for business, homeowners and vehicle. However, the defendant may not be able to purchase the same to make payments for his/her offense under Criminal Law.

If the defendant is ordered to pay for damages and he/she does not have assets or insurance or has hidden the assets carefully, the plaintiff will receive nothing in damages. Therefore, large claims awarded to plaintiffs for damages are often a waste of time.

The outcome of a case is considered effective to an extend where punishment may not necessarily transform a criminal found guilty under either criminal law or civil law or stop them from committing the same act again. As rational as human-beings are thought to be, criminals are thought to be irrational and it is not considered that they will be caught a second or third time; hence, continuous offense without consideration of possible punishment. However, denial of criminals’ movement rights by enclosing them in prison for a certain period of time may be seen as a much more effective punishment. Therefore, criminal proceeding under criminal law is seen to have more serious impact than under civil law. People tend to choose the loss of freedom rather than the payment of heavy fines that may not necessarily be available to the defendants.…

Getting A Criminal Defense Lawyer Who Is Reputable Is Important

Getting A Criminal Defense Lawyer Who Is Reputable Is Important

Criminal Law can be very complicated to an ordinary person. Nevertheless, you or someone you care about can one day find themselves on the wrong side of the law. At that time hiring the right criminal defense lawyer becomes very important. This is because the expertise of the criminal lawyer who knows what criminal law entails will be critical for the decisions you have to make. If a lawyer has also practiced in a court of law for many years, he or she also knows what you can expect from the jury. As such, he or she is in a better position to guide you or your loved one on the best course of action to take. This way, you will be able to reduce the charges leveled against you in a court of law.

Choosing a criminal defense lawyer can be challenging especially if you have never needed one before. This is because there are many criminal lawyers out there who are all promising to help you get out of your current predicament. Some of these could be honest lawyers who can live up to the promise while others could be quacks who are just interested in your money. Therefore, you need to choose wisely so you can rescue your life or that of your loved one or even get value for your money.

What to look for in a criminal defense lawyer

You need to look for a criminal defense lawyer you can trust and is honest. It is important to know that some lawyers lie. These are just after your money. These are lawyers who will promise you a certain verdict even before your case goes to a court of law. They will verbally guarantee you how the case will turn in your favor. You should avoid such criminal defense lawyers because no lawyer regardless of how good they are can tell if a case will turn in your favor or not. The best defense lawyer will only be hopeful and optimistic.

Look for a professional criminal lawyer. This should be a lawyer who has studied criminal law and specializes in it. This is very important because such a lawyer has more knowledge of criminal law and is in a better position to help you out in your case. Also, ensure that you hire a criminal defense lawyer who act in a professional manner. Avoid lawyers who come to you in a police station asking to represent you in a court of law.

Experience is very important when it come to criminal law. This is because an experienced criminal defense lawyer has represented more clients. In most cases, judgments are passed on the basis of preceding cases. As such, an experienced lawyer can predict the outcome of your case if the case proceeds as expected. This will help him or her come up with a strong defense to present in a court of law increasing your chances of winning. With the help of a good criminal defense lawyer, one has high chances of overcoming the charges leveled against them in court. This is because such lawyers do what they do with pride and in the best way they can.…

What Should I Ask a Personal Injury Lawyer?

Don’t be intimidated when you first meet with an attorney for an initial consultation. Keep in mind that you are the one who is in charge of making hiring and firing decisions. By asking the right questions, you can greatly improve your chances of finding the most qualified attorney.

What kinds of inquiries should I make?

Inquire about the lawyer’s experience and practice areas. How long has the lawyer been practicing law and also how long has the firm been in business? What are the most common legal issues that the lawyer deals with? Are the majority of your customers individuals or businesses?

Is it appropriate to inquire as to whether or not someone else will be handling my case?

Yes. Inquire if nonlawyers, such as legal professionals or law clerks, will be used in the case’s research and preparation. If that’s the case, would they be charged separately for their solutions? If your lawyer is uncertain about certain aspects of your case, who will be consulted? If this lawyer or firm is unable to manage your case, would the lawyer suggest another attorney or firm?

Precise experience is always important. For instance, an Indianapolis nursing home abuse lawyer will be much better suited to handle cases involving nursing home abuse than an attorney specialized in truck accidents.

What questions do I need to ask about fees and costs?

Fees are calculated in one of three ways: either by the hour, by the case, or by the amount of money earned in the transaction. In order to administer the case from start to finish, how much money would be required? When do you have to make the payment on the bill? Is it feasible to pay it in installments over the course of time? Request a formal statement that outlines the services that were given as well as the fees that were charged for each.

Should I inquire about the case’s potential outcome?

Certainly, but be wary of any attorney who promises a large payment or a court triumph. Remember that every legal problem has at least two sides, and numerous factors might influence how it is resolved. Inquire about the strengths and weaknesses of your case with the lawyer. Is it more likely that your lawyer will settle your lawsuit outside of court or will the matter go to trial? What are the benefits and drawbacks of settling? Are you thinking of going to court? What kind of trial experience does the lawyer have?

Should I inquire what will happen if the lawyer and I disagree at our first meeting?

Yes, the best time to inquire about resolving any difficulties is during your initial meeting. If the two of you are in a serious conflict, find out if the lawyer will agree to binding arbitration. Most state bar associations include arbitration committees that will resolve issues between you and your lawyer, such as over expenses, in exchange for a small fee. If you and your lawyer agree to submit your cases to a third-party panel for binding arbitration, you and your lawyer are agreeing to accept the panel’s decision as final.…

Some Reasons To Consider Legal Schools

Some Reasons To Consider Legal Schools

A person doesn’t have to be in disagreement with another human, or even a business, and still may need the assistance of a lawyer. Just trying to determine how best to leave their properties, and other assets for their dependents and family, can provide a reason for estate planning. There are other situations where an attorney is required, and the attorney needs qualified personnel to help research the case.

Corporate law offers an opportunity to deal with many facets of industry, and can be international in scope. A person who specializes in this area of law can spend many hours traveling to far off places, and dealing with people who have an entirely different way of life. Franchise lawyers are focused on maintaining the contracts of locations in every country.

Business law also includes knowledge of the rules and regulations that apply in the country where a business is located. There can be federal, state and local licensing and structures which must be established through documentation that is filed at various levels of government. A sole proprietorship is just as liable for their actions and implied warranties as any corporation.

Civil law can include divorces, and child custody cases, and these situations can really disclose the true character of the people involved. The laws are intended to protect any minor children who may be involved, and it can be rewarding to know you helped keep a child in a more safe environment. Structuring the details can offer a sense of peace that the children will get a fair start in life.

Neighbor pitted against neighbor over a tree limb, stranger against stranger who suffered property damage, and friends who have hit an impasse, are all matters for the assistance of an attorney, who can help sort through the issues. These matters of civil law can often be settled out of court, and save the tax payers a lot of money.

Criminal law involves life and death decisions where a crime has been committed and the defendant might be innocent. Prosecution and defense attorneys are involved in taking these cases to court, and a judge and jury make the final decisions about what happens to this individual. If they are guilty, society may have been served, but if they are innocent and still deemed at fault, a persons life can be forever changed.

It only takes 2 years to get a degree which can start a career in the world of law and lawyers. It can take a lifetime to pay for a crime. If you are interested in the study of law, you can start as an assistant, and continue to work while getting the rest of your education to become a bar association lawyer.…

Solicitors Pay Across Legal Sectors

Solicitors Pay Across Legal Sectors

The pay of solicitors can depend on a number of factors. It largely depends on the nature of the case; both the sector of law it falls within and the specifics of the case. Different lawyers charge varying fees, something that is usually based on their experience and knowledge.

Commercial (business) lawyers will usually be among the highest paid. The outcome of some cases can have a major impact on a business’s future so they will have a high budget in terms of the amount they can spend on solicitor’s fees. Those that could be landmark cases can be extremely lucrative for businesses, or prevent them from financial ruin, so they are often wiling, and able to afford, the very best solicitors. This puts solicitors in a position where they are able to dictate high fees if they can demonstrate they are the best choice for the businesses concerned. Very large corporations spend large amounts on solicitors, not just for legal disputes, but in-house to make sure the legal side of the business is running smoothly. Therefore solicitors working for corporations such as Microsoft and Google will be on very high salaries. Solicitors acting on behalf of small local business will not be on anywhere near the same amount, so it does to an extent depend on the nature of the client. The best commercial lawyers, though, are the most highly paid across law.

Personal injury lawyers are often at the other end of the scale, and are generally low paid. There are many no win, no fee lawyers, where clients will only pay should their case be successful. The solicitors may still be paid if working for a firm, but not as much as in other areas of law, as there is no guarantee of the firm being paid. If a large case is won though then the firm, and solicitors, could be paid a significant amount as they will usually charge as a percentage of what the client gets. Therefore it depends more on the specifics of the case and its outcomes that the type of client. Most of this is specific to no win, no fee lawyers and not others working within the personal injury sector.

The pay of criminal solicitors can vary significantly. This can be dependent on the client and the nature of the case. For example, solicitors who were working for Michael Jackson during his legal battles would have commanded high fees. He would have paid for the best solicitors money can buy, and therefore the best paid. The other end of the pay scale within criminal law are those who work on behalf of those who cannot afford to pay for their own solicitors. When someone is arrested they will be offered legal representation. These solicitors will be paid by the state, and will be earning significantly less than other criminal solicitors. People are more willing to pay higher charges for the best representation if they have been charged with more serious criminal offenses. They will usually pay more if potentially facing prison time than if they are accused of a minor driving offense, as they have more to lose should they not win.

A large number of factors will dictate the pay of family law solicitors. It can depend on how much a client can afford and the nature of the case. If children are involved in a divorce or there are large settlements involved such as property or large savings, then clients are more likely to be willing to pay more, and the case will require more work on behalf of the solicitors.

Pay within wills and probate law is not generally amongst the highest, but there are exceptions. If lawyers are acting on behalf of a client with a huge estate then the charge is higher, as solicitors fees’ are often based on a percentage of the estates total worth at the higher end of the market. For the will of someone with minimal savings and an average home the fees will be much lower.

Property solicitors are generally paid a percentage of what the property is being bought for. Therefore, what a solicitor will earn will be very different for a mansion worth A�5 million than a two bedroom house being bought for A�100,000.

Although some sectors of law are paid better than others, there are many factors that dictate this amount. Some clients will pay more than others, depending on their own wealth, how important they deem the case, and their personal preferences. More experiences solicitors, with a positive track record, will earn the most whichever sector they work within, as clients will be willing to pay them more and they are more likely to be used for cases deemed important by clients.…

Making Personal Injury Claims

Making Personal Injury Claims

Personal injury is a term many people have heard of but when one actually has to file for a claim, things may not be as easy. There are many things to consider, especially those that will involve the insurer. In many cases, people do not get the actual amount that is due them because insurance companies can play around the technicalities of their policies just to be able to reduce the sum that should be given. Unless one truly understands how these claims work, there is the danger of falling victim to these malicious insurers. Sad as it may seem, people could be taken advantage of and for this reason, it is important to hire a personal injury lawyer.

A personal injury lawyer will have the expertise and the experience needed for a claimant to be able to get the full amount that is promised in the insurance policy. Hiring this lawyer will then be the first important step when somebody has to file a claim. However, it is necessary to choose the right lawyer who can represent the claimant effectively. If you have to file a claim, look for a lawyer who can provide you with many details regarding his experience. In particular, you should inquire into the cases that a lawyer has won, along with his educational qualifications and, of course, his personal views regarding your claims. It is useless to have a lawyer who does not believe in your particular cause.

Once you have found the right lawyer, you can discuss the possibilities of your claim while taking into account the various requirements that will be needed for you to take all the legal steps that will be necessary. First and foremost, you have to be able to prove that you suffered the injury as a result of somebody’s negligence. But you cannot just rely on your own words to convince the judge that you have reason to file your claims. You have to be able to support your testimony with evidence such as a police case report, medical certificates and people who have witnessed the act of negligence.

There is no fixed amount that you can demand, however, as things will depend on how serious your injury was as well as how large you financial loss has been due to the act of negligence. Again, your personal injury lawyer can give you expert advice on how much to claim and will give you a realistic basis for your expectations.…

How A Criminal Attorney Can Help

How A Criminal Attorney Can Help

Criminal lawyers are a special breed of attorney. Their job is to ensure that their clients receive all that is available to them under the law after they have been arrested for criminal offenses.

Criminal violations could include the following:

drunk driving

hit and run

reckless driving

shoplifting

larceny

burglary

assault

battery

murder

manslaughter

record expungement

drug possession

selling a controlled substance

drug trafficking

Lowering Charges:

A criminal attorney will first try to have the charges lowered. He or she will also investigate and often challenge the lab work, arresting procedure and other aspects of the arrest.

Arraignment:

The client enters a plea at the arraignment hearing. If a defendant cannot afford to hire a criminal defense attorney, the Court will appoint an attorney from the Public Defender’s Office to serve as that person’s criminal attorney. Public defenders are often young and inexperienced in going up against lawyers from the District Attorney’s Office. For this reason, it is always a good idea to retain a criminal attorney.

After the arraignment or even at the arraignment, the defendant’s criminal attorney may file a Motion to Dismiss the Case for lack of evidence, improper arrest procedure or for some other valid cause. If the case is dismissed, the client is free and will not have a conviction on his or her criminal record.

Pre-Trial Conference:

At the pre-trial conference, the judge surveys both attorneys to see if they are ready to proceed to trial. If they are not, the judge will admonish them to prepare their case as quickly as possible. If the case is ready to go forward, it will them proceed to the assigned trial date where both sides will present their case. Some trials are before a judge and jury while others are held before a judge only.

Trial:

Plea bargaining negotiations begin practically from the beginning of the case. These are normally not held at court but, rather, between attorneys while at the local restaurant across from the courthouse. If the case is settled prior to trial and if the judge approves the settlement, the trial date will be vacated. However, if the case does not settle, the trial will begin.

Sentencing:

Some cases settle at the time of trial, but the more serious cases like grand larceny, burglary and murder are usually sentenced a week or two after the trial. For a sentence, a defendant may be required to serve time in the county jail or in state prison, pay victim restitution, participate in drug treatment, testify before a victim’s group and/or engage in community service. First offenses are often sentenced to summary probation only. However, if probation if violated in any way, the defendant will then have to serve time in lock-up. A criminal attorney can assist in helping a client receive a lower sentence.…

Five Basic Constitutional Rights All Americans Should Know If Arrested by Law Enforcement Officers

Five Basic Constitutional Rights All Americans Should Know If Arrested by Law Enforcement Officers

The Constitution of the United States guarantees specific basic rights to citizens arrested or questioned by law enforcement. Some of the basic rights include the right to have a legal counsel, the right to remain silent, etc. You need to know your rights as enshrined in the Constitution. Below are some specific rights you should know in the face of criminal investigation:

The Right to Remain Silent

No person is obliged to talk to police authorities when interrogated concerning a crime. You should NOT give any statement, but politely provide your name and give your driver’s license if requested. The Fifth Amendment as well as the Miranda decision of the Supreme Court protect American Citizens. When you are arrested for a criminal offense, anything that you say to the arresting police authorities is likely to be used against you in court.

The Right to Counsel

This is another important right you should not forget when you face criminal charges. The Sixth Amendment guarantees you the right to counsel by an attorney prior to being questioned by the police. Retaining a lawyer, whether a private attorney or a public defender,if you cannot afford one, is critical prior to making any statement to the police.

The Right to be protected from Unreasonable Searches or Seizure

Unless a police officer shows you proper credentials and a search warrant, you should not allow any form of search to be conducted on your body, property and car. The Fourth Amendment keeps you from unfounded searches and seizures. If a police officer shows you a warrant, you must ask to read the content of the papers before allowing them to conduct search. It is also better to ask the police officer if you may watch as they conduct the search and to call your attorney prior to the search.

The Right to Due Process of Law

This specific right guarantees you to have a fair trial or fair trial and that specific rights and/or privileges shall not be taken away from you.

The Right to Speedy and Public Trial

A speedy public jury trial is guaranteed by the Sixth Amendment, unless you request a bench trial. The right to a speedy trial in the U.S. makes sure that defendants do not spend an unreasonable amount of time in jail prior to a public trial. Infringements of the speedy trial rule may result in a dismissal of the criminal charges.…

Law – Blue-Collar Crimes

Law – Blue-Collar Crimes

What separates blue-collar crimes from white-collar crimes? The answer lies mostly in societal positions and ranks. Blue-collar crimes are associated with individuals from lower class society, where as the white-collar crimes are committed by those with a higher standing in society.

A lot of the distinction comes from the range of opportunities presented to the would-be criminal. Every potential criminal is limited by their opportunities in the end – the ease with which a crime can be committed; some have access to a lot more resources that are not theirs but can be taken advantage of. These white-collar criminals have it differently than their blue counterparts. For somebody with no access to huge resources of money and stocks, the crime is automatically rated and categorized with the blue-collar types. In these cases, violence and other cunning is employed where lack of immediate access to funds and such is not available.

Stealing inventory from a workplace and other crimes of similar nature are unlikely to be the blue-collar guys, though, their crimes are much more likely to be reported as violence is more commonplace, and the distress to victims is obvious and measurable. Corporate crime has victims, but the effect is not always recognized, and this is why it’s hard to regulate and truly see the full extent of. In these situations, skill and cunning instead of force is usually preferred, and it gives those in higher societal standing an unfair advantage of being able to commit crimes and get away with it, when the poor person who steals for very different reasons (to eat, to pay rent, etc.) is committing the same or a similar crime for hugely different reasons. This is where the grey area exists.

Police are always being assigned in more numbers to the blue-collar areas of cities to stamp out violence and other crimes, but watchdogs for corporate offices and facilities have very limited involvement and rely on insiders to dish out dirt on companies in exchange for small rewards. This again makes it hard for the same observation to take place, and creates an environment that preys on the less fortunate while ignoring those who steal not to live, but to increase their already-comfortable lifestyles. Until this trend is addressed, the statistics will be skewed and many illegal activities will continue to go on unreported and unaddressed. Is this really what we want in this day and age?…

Zero Tolerance

Zero Tolerance

Zero tolerance is a law passed by the government stating that any individual under the age of 21 must not drink and drive. Even just a glass of beer prohibits a minor from driving. If he or she still drives after drinking, the minor in question violates the law and therefore subject to punishment. It does not matter whether the minor was physically impaired upon drinking or not, the law clearly spells out that drinking and driving for minors are totally prohibited. That is what you call zero tolerance.

The government is not to blame for releasing a law such as zero tolerance. Car accidents are becoming more and more rampant so they need to pass a law in order to minimize it. It is considered illegal for minors to even buy alcoholic drinks, much less drive under the influence of it.

There are two components of the zero tolerance law that minors should take note of in case they get charged for it. The first component is called Illegal Per Se Laws. The law prohibits a driver to drive a motor vehicle if he or she has an alcohol concentration on his or her blood at a specific level. For those 21 years old and above, driving with an alcohol content of over point zero eight could spell trouble. If you are a minor, those individuals falling below 21 years of age, even as little as 0.01 or 0.02 alcohol concentration level will mean breaking the zero tolerance law.

The second component is the Administrative Per Se Laws. Through this law, the licensing agency has the right to revoke a driver’s license when found guilty of driving under the influence.

Promoting the zero tolerance law is essential to keep kids off alcohol in such a young age, to protect them from car accidents and to protect other people on the road that they can collide with. For the states that already enacted the law, reports say that nighttime fatal crashes that involves underage drivers already went down by 16%. As for those states who have yet to enforce the zero tolerance law, their fatal crashes went up by one percent.

For the law to be fully effective, information dissemination is very important. How can people follow it if they have no idea that such a law exists? The government is doing their job getting the public informed through education and media attention. Public service announcements are already in place in some states placing it on the radio, television and on newspapers. There are also printed materials being distributed in schools as well as videos that show information on the zero tolerance law.…

Is the Law on Diminished Responsibility Satisfactory?

Is the Law on Diminished Responsibility Satisfactory?

Voluntary manslaughter, as established by the Homicide Act 1957, is determined by three sections: diminished responsibility, provocation, and suicide pact. These are all known as partial defences meaning that they do not give full acquittal of a sentence they only shorten that of murder to manslaughter. Diminished responsibility is established by Section 2 of the Homicide Act which states that “Where a person kills or is party to a killing of another, he shall not be convicted of murder if he was suffering from such abnormality of mind as substantially impaired his mental responsibility for his acts and omissions in doing or being party to the killing.”

It may be used as a defence to murder if the defendant can prove an abnormality of the mind, if, for example, the defendant is an alcoholic, or has a mental condition as in Byrne (1960), where the defendant had uncontrollable sexual desires. The defence is that the defendant does not have the necessary control over their actions, when compared to a reasonable person. Diminished responsibility has been criticised for a number of reasons, the very term ‘Diminished responsibility’ has been criticised by authorities such as the Butler Committee, who say that it is ‘not a medical fact relating to the accused’. There are also many other areas which makes this area of law controversial as I will be discussing.

Abnormality of mind covers a wide range of situations and was describes by Lord Cj Parker in the Court of Appeal in the case of Byrne (1960) as “a state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal.” In Byrne (1960) the defendant who was a sexual psychopath, strangled to death and then mutilated a young woman. He was convicted of murder but the Court of Appeal felt that his condition came within the definition of diminished responsibility and so his conviction of murder was substituted for one of murder.

The main problem was that the medical experts had describes Byrnes condition as amounting to ‘partial insanity’ and the Court of Appeal had approved of this. However, in Seers (1984) it was held that comparisons with insanity are not helpful and should be avoided. In this case the defendant stabbed his estranged wife and claimed diminished responsibility on grounds of chronic reactive depression. The trial judge directed that for the defence to be successful Seers had to be bordering on the insane. He was found to be bordering insane and as a result his so his conviction of murder was substituted for one of murder.

Another problem with the law on diminished responsibility is that diminished Responsibility covers a wide range of mental conditions such as paranoia and epilepsy. Some conditions have been known for years, but some of the conditions have been recognised more recently such as ‘battered woman syndrome’ which was demonstrated in the case of Hobson (1998). In this case the defendant stabbed her alcoholic and abusive partner to death in 1992, during an argument. At the trial she claimed that she had acted in self-defence, and there was a subsidiary issue on provocation. Diminished responsibility was not specifically raised and the defendant was convicted. She appealed on the grounds of diminished responsibility based on battered woman syndrome which previously was not regarded as abnormality of mind until 1994. The Court of Appeal allowed the appeal and ordered a retrial. The problem with this area of law is that some conditions are not regarded as abnormality if mind until later on and so the development on this area of law is very slow which leads to people who have a genuine condition being punished for something they had no control over.

The Abnormality of mind must be caused by one of the matters set out in the brackets within section 2 (1) of the Homicide Act 1957. These are: a condition of arrested or retarded development of mind, any inherent cause, induced by any disease or injury. Inherent cause means one which comes from within the defendant, as opposed to an outside factor and it does not have to be permanent. The important point is that there must be medical evidence given at the trial, of an abnormality of mind arising from one of the specified abnormality of the mind has to be such as to substantially impair the defendant’s responsibility for his actions. In Lloyd (1967) it was held that ‘substantial’ does not mean ‘total’, nor did it mean ‘trivial’ or ‘minimal’. It is something in between and it is up to the jury to decide if the defendant’s mental responsibility was impaired and if so, was it substantially impaired? In seers (1984) the court also considered the phrase ‘substantially impaired’ and …