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General Article

The Importance of Obtaining a Permit For Concealed Weapons

The Importance of Obtaining a Permit For Concealed Weapons

The debate regarding the purchase and possession of weapons in the United States has a storied and unresolved history thus far. While the debate rages on, individuals are still allowed to purchase and own handguns for the protection of their property, for hunting, and for collection. In Texas and other states, it is legal for individuals to carry concealed handguns on their persons, if they have the proper license to do so.

It is very important that individuals realize the seriousness of obtaining a license before carrying a gun in a concealed manner. If a person is apprehended with an unlicensed handgun or is caught carrying it in a concealed fashion without the proper permit, he or she may face criminal weapons possession charges. Such criminal charges may result in fines, probation, the revocation of weapons licenses, and even incarceration.

To obtain a concealed handgun license in Texas, individuals must often show proof of residency in the state for a period of at least six months. Individuals may show such proof in the form of rental agreements, utility bills, and other official documentation that shows the person’s address in the state. People are also often required to show proper identification, which may include driver’s licenses, social security cards, or other forms of government-issued identification.

Persons who have been convicted of violent crimes or other types of weapons convictions may not apply for a concealed handgun license if the conviction occurred within the past ten years. The laws require that only individuals in good standing with the law and a clean record for the decade prior to the application be granted the right to carry a handgun on their person. Although many people do not realize it, persons who have been convicted of DWI and DUI may also be denied the right to carry a concealed weapon.

Persons seeking a concealed weapons permit are usually required to take weapons-safety classes that usually include up to fifteen hours of instruction regarding the rules and regulations of the state. Following the completion of classes, the applicant must wait a period of sixty-days in order for the application to be processed and acceptance or rejection to be finalized.

It is important to remember that you should always obtain the correct licenses before carrying a concealed weapon. It is also essential for license holders to be aware of government buildings, schools, and other locations that do not allow non-commissioned individuals to carry weapons, even if they hold a concealed weapons permit. If you would like to know more about weapons permits and unlawful weapons possession, visit the website of the Austin criminal defense attorney Ian Inglis.…

General Article

Seek Help If Your Child is Charged With an Offense

Seek Help If Your Child is Charged With an Offense

One of your worst fears has just been realized. You have received a call that your child has been arrested. You now have to go down to the police station to pick him or her up, and then face the numerous problems involved in the situation. You are angry, you are hurt, you may feel betrayed. You emotions run the gamut from failure as a parent to anger at your child. Something needs to be done, but what?

Doing nothing may be one of the worst avenues to take. Ignoring the situation will obviously not resolve it, nor do criminal matters resolve themselves. Without first learning all of the facts of the matter at hand, it is impossible to make an informed decision of the course of action to take. Your child may have been the victim of mistaken identity, at the wrong place at the wrong time, or, may have in fact committed a criminal act. But you won’t know until you find out the particulars.

Your child will be at a crossroads in this situation, the actions taken will have a long lasting effect on his or her future, for better or worse. A criminal record, even a juvenile record, can follow them long into the future. College, future employment and various licenses might be affected by the course of action in your child’s matter. As important, you have to determine if you will be financially responsible for the actions of your child. Will you be required to pay restitution? Will you be financially responsible if your child is placed in a juvenile facility?

Tough love does not mean abandonment. You can remain tough as a parent, fulfilling your responsibilities, while at the same time working towards the best possible solution to minimize the permanent damage to your child and you. A part of “tough love” is “love”, something your child may very well need at this time.

Hiring a competent criminal lawyer at the first instance can make all of the difference. The sooner the lawyer is retained, the sooner he or she can investigate the facts, and determine the best course of action. As importantly, a competent, criminal attorney can take some of the emotional burden off of your shoulders, providing emotionally detached advice on how to proceed.

A law firm that is experienced in juvenile criminal matters can represent you from the beginning of your child’s case until the end. They will have dealt with many, many of the same circumstances you are currently experiencing, and their guidance will prevent you from groping in the dark, as many often do. Don’t delay, these experts are there to help and most often offer a free consultation.…

General Article

Understanding Forgery

Understanding Forgery

Forgery is a white collar crime that describes many actions involving the reproduction or creation of a document, object, or statistic with the purpose of deceiving another individual. When an individual succeeds in forgery and passes his or her deceitful item as real, he or she has committed fraud.

Many actions may be considered forgery. Typically, these actions include:

Reproduction of documents

Counterfeiting money or checks

Intentionally deceitful advertising

The reproduction of documents is a tricky subject. In some instances, documents are photocopied or altered. Usually, this does not count as forgery. When an individual alters these documents with false information and tries to pass off the information as true, he or she may be committing fraud.

Another way an individual may commit forgery on a document is when he or she reproduces a signature or stamp of approval. An individual who does not have authority to green light a certain action may be able to bypass that by forging a signature, which is illegal.

Individuals who try to counterfeit money or checks usually do so with the intention of creating realistic money that they will then spend, deceiving whoever accepts the money. In most cases, this is considered a federal crime and may carry a more significant punishment than other forms of forgery.

Finally, intentionally deceitful advertising occurs when an individual or group makes a product and packages it in a way that suggests it is made by someone else. For instance, an individual may attach a designer label on an article of clothing when it is, in reality, made by someone else and is not associated in any way with that brand or company.

Forgery is a difficult subject, so individuals who have been charged with this crime should discuss their legal rights and options with Austin forgery defense attorney Ian Inglis.…

General Article

Reasons For Criminal Law Enforcement – Objectives

Reasons For Criminal Law Enforcement – Objectives

Criminal law, also known as penal law is a term used to refer to different rule bodies in distinct jurisdictions. One common characteristic of these rule bodies is the propensity for distinct and serious judgments as punishments for failing to comply. Criminal punishment which depends on the jurisdiction and offense committed can include the loss of one’s liberty, fines, government supervision such as probation or parole and even execution. An attorney seeks to defend the accused individuals against such eventualities. There are various archetypal crimes such as murder. It is worth noting the forbidden acts are not completely consistent between distinct criminal codes. However, even in specific codes, the lines may be unclear. This is because civil refractions are also likely to give rise to criminal outcomes. In most instances, it is the government that enforces criminal law. This is unlike civil law which could be implemented by private parties.

Punishments of Criminal Law Violation

Criminal law is different for two reasons; the failure to put up with its regulations and the uniquely severe possible outcomes. Each offense is comprised of what could be imposed in various jurisdictions for some of the most severe offenses. Physical outcomes could be imposed. However, these outcomes are forbidden in most parts of the universe. Depending on one’s jurisdiction, individuals could be in a range of conditions. Incarceration could be solitary. The confinement period

could be as short as one day and as long as one’s entire life. Supervision by the government including house arrests, confiscating property and money from individuals convicted of offenses could be imposed. What is more, offenders could be obligated to conform to specialized rules as part of the probation and parole regimen.

By punishment, there are five widely accepted objectives in the enforcement of criminal law that an attorney seeks to defend offenders against. These are retribution, incapacitation, deterrence, restitution and rehabilitation. However, it is worth noting that when it comes to the value placed on each one of them, jurisdictions differ.

Objectives of Criminal Law Enforcement

Retribution – Offenders must undergo some kind of suffering. This is the objective most commonly seen. Offenders are considered to not only have caused unfair detriment on others but also to have taken unacceptable upper-hand. Accordingly, an attorney with the help of criminal law is said to put the offenders in an unpleasant disadvantage hence balancing out the scales. Individuals surrender to law so as to gain the right not to be killed. If individuals flout the laws, they give up the rights given to them by the laws. Therefore, individuals who kill may also be killed. One related hypotheses contains the correcting the balance idea.

Deterrence – Individual deterrence is intended at specific criminals.

The intention here is to impose adequate punishment so as to discourage offenders from criminal behavior. General deterrence is intended for the general public. By imposing penalties on offenders, other people are put off from committing the same crimes.

Incapacitation – This is intended to keep offenders away from the public so as to protect society from their delinquency. Today, courts of law with the help of attorneys use prison sentences to attain this.

Banishment and the death penalty also serve a similar purpose.

Rehabilitation – Courts of law and the attorney use this to transform criminals into useful members of society. Its chief objective is to convince criminals of their wrong doing thus preventing more crimes from occurring.

Restitution – This is a punishment theory that is victim oriented. The intention is to use the state authority to fix damages inflicted by criminals on innocent victims. For instance, individuals who misappropriate are required to reimburse the amount acquired unjustly. Usually, restitution is put together with other chief objectives of criminal law and is directly linked to civil law ideas.…

General Article

Criminal Law – Unspoken Rules of Power and Privilege in Washington DC – Operating Above the Law

Criminal Law – Unspoken Rules of Power and Privilege in Washington DC – Operating Above the Law

When we were in high school we were taught that no one is above the law, but as we get into adulthood we realize that some people operate above the law, and whether or not they are above the law or not, we realize that there are unspoken rules of power and privilege particularly in Washington DC.

In fact, there have been senators, and congressmen who have been caught taking bribes, cheating on their taxes, and other things, but rather than being arrested, they are taken into a committee where supposedly they are judged by their own peers.

Unfortunately, with all the corruption Washington DC their peers are not exactly the epitome of integrity, or of the ethical fiber and make up as the Waltons on TV. Not to mention the fact that if a committee member goes lightly on them, they will have political favors in the future for letting them off the hook.

In other words, folks that have created criminal violations are able to negotiate their own settlement, and take unspoken bribes to maintain their freedom, and their seat in the Senate or Congress. We all know why this is wrong, but we also all know it goes on in Washington DC.

Now then, because of all the nasty politics politicians are often targeted as criminals, even if they haven’t committed a crime. And obviously they cannot afford the lawyers to defend themselves every time the political opposition charges them with something. Nevertheless, whereas that too is a reality, no one should be above the law, and we shouldn’t have criminals representing us in our great Republic.

Okay so, we all know the unspoken rules of power and privilege, and often we pretend they don’t exist, but they do. They even exist legally in Washington DC, because that’s how the law works, and that’s how things are done. Are they right or wrong?

It depends on the individual and the situation of course. However, criminal law in Washington DC is a lot different than criminal law in your local county courthouse. Please consider all this.…

General Article

Dangers of Going to Court Alone When Charged With CDV in South Carolina

Dangers of Going to Court Alone When Charged With CDV in South Carolina

I am often contacted by prospective clients who made the mistake of going to Court alone, and without consulting with an attorney, after having been charged with domestic violence. They thought that because either no one was injured, or because their partner did not want to pursue the case that the Court would automatically dismiss the case. Unfortunately for them this is not how CDV cases are handled in South Carolina.

First, South Carolina’s CDV law is broader than most people expect. You can be arrested and convicted for CDV for conduct which otherwise would not be criminal, domestic or violent. The three components of the law are generally described as prohibitions against causing physical harm, attempting to cause harm or conduct which creates fear in someone else. Because of this there is no requirement whatsoever under the law that someone must be hit, pushed, shoved, slapped, punched, kicked, or touched in any way for a violation of the law to occur.

Secondly, there is a “no drop” policy in South Carolina regarding CDV arrests. This means that once you are arrested for domestic violence the police and prosecutor are usually unable to dismiss or drop the case even if no one was harmed, and even if everyone wants to have the case dropped.

When someone charged with CDV goes to Court they are many times unprepared that their opportunity to talk to the Judge is only made available in context of a trial. The rules of evidence apply and a criminal defendant representing themselves will be held to the same standards as an experienced trial attorney. Once the process starts it can be over in a matter of minutes. The Judge’s ruling may leave someone with a permanent criminal record, jail sentence and fine.

Individuals charged with domestic violence are at a higher risk than many others to unknowingly set themselves up for failure in their case out of a lack of familiarity with the criminal justice system. Many times a CDV arrest is the first time someone has contact with the system. Accordingly how they think their case should be and will be handled may very well directly contradict the Court procedure and State law.

Anyone charged with CDV is entitled to important legal rights. These include the right to obtain the documents, statements, photographs and reports the police or prosecution have about your case before trial, the right to make objections to hearsay and other unreliable evidence, and the right to a full jury trial. Additionally by indicating to the prosecution that you are serious about challenging your case may serve as a motivation for them to consider alternatives available that may resolve your case without a trial and result in you having no criminal record whatsoever.…

General Article

Seditious Conspiracy

Seditious Conspiracy

With over two centuries of nationhood, the United States of America has fought for certain rights and freedoms that seem like such a part of daily life to modern citizens, living without them would be incomprehensible. Among these, and considered by many to be the most important, free speech has been cited as one of the hallmarks of American culture. Despite how useful free speech is to discuss unpopular solutions to particular problems, it can also shield discussion that seems destructive. However, the government has charges such as seditious conspiracy, which provide a criminal code for those who abuse their free speech rights to the point of possibly threatening the state.

Seditious conspiracy is a criminal charge that affects a group of individuals who take free speech too far for authorities to feel safe. While the first amendment usually protects people who have differing ideas from rest of the population, the law does not extend these rights to those who make threats. As the Supreme Court has verified, free speech extends to protests, the exchange of ideas, and points in debate, for some examples, but does not include direct threats to a person’s safety.

The same rules apply for the federal government, which employs millions of people. With all of these people under the scrutiny of what government is defined as, potential dangers against the government as a physical body are taken extremely seriously. Although sedition charges have been used to attack those who threaten the idea of the government in the past, which is a policy that has mostly been abandoned, such charges are now usually reserved for physical threats.

To learn more about the criminal penalties for being convicted of seditious conspiracy, contact a criminal lawyer.…