General Article

The Objectives Of Criminal Laws

Criminal laws were made to make a better system in our government. Through these laws, people may tend to act accordingly and perfectly to what the law will tell them to do. It will help them not just to have discipline but also by exercising these activities, they can have a life that’s free and right. That’s why we should be thankful that certain criminal laws are made, because of these stuffs we can have a better life without danger and harm. Of course, in order to have them effectively working in a town, local or even the whole country, we must first know the objectives of those laws.

Retribution. The criminals commit mistakes and because of that they are obliged to pay for what they have done. They did something bad to other people that lead to hurts and worst death of some, so they need to experience some disadvantages of it. This is the most obvious goal of these laws, to make pay those who need to pay.

Deterrence. There are two kinds of deterrence the personal and general one. This is that goal where they want to show the criminal that he has done something really wrong and that a penalty will be imposed to him, this is the personal category. This will help him to avoid himself from doing this again, it is like these laws will make the people learn from their mistakes. While the general category will be a warning to all people not to do what that criminal has done or else they will also experience the same thing.

Incapacitation. This is one of the most popular goals that these laws have achieved. It was designed to simply keep the criminals away from the society and from other people. Imprisonment, being in jail and even death penalty are just some of the examples of this incapacitation. It became very effective since it also scares people not to certain crimes that will surely bring them to jail because they don’t want to be away from their family and from the free life that they are having right now.

Rehabilitation. This aims in transforming a criminal to admit his mistakes and have that willingness to change and be renewed again. It is very popular for those who are alcoholics that they don’t can control it anymore that they can already try to drive under the influence of alcohols. With these cases, the will be rehabilitated in order to help them control themselves from these addictive stuffs. Also, the help of a DUI attorney in Michigan or in other towns will be needed for some legal matters.

These goals are made in order to check if these criminal laws will be effective or not. This is their way of measuring the results of their actions regarding to these crimes. In line with this, every one should still remember that even without these goals that will remind us about what to do or not, let’s still all be good to one another and never commit crimes.…

August 16, 2021 lexutor

General Article

Does Your Roof Need Repairing? Check Out This Guide!

Unfortunately, you can’t trust roofing contractors to provide the best work and price. If you need to get the job done correctly, you have to figure Remodel Kitchen out what goes into doing roofing properly. The following article will teach you everything you need to know to tackle that roof repair.

Always be sure that you’re safe when you have to do any work on your roof. Don’t try to fix a leaking roof, for instance, while it is still storming outside. This is very dangerous. Therefore, if you have a leak while it’s raining, put a bucket down until the storm passes. Once it does, you can then get on top of your roof to fix the issue.

Always wear rubber-soled boots when working on your roof. Even on a dry day, you need a proper grip. It can be physically challenging to perform roof repairs.

Make sure that your grass is cut before the project begins. This way, if nails fall on the ground, they’ll be much easier to find. Your roofer may use a metal detector to locate lost nails, and this job will also go faster if your grass is freshly trimmed.

There are some questions you need to ask the roofer before you hire him. Ask about the number of nails that will be used for each shingle. Typically, you would want more than three. Ask about their policies and make sure you are happy with the answers you receive. If not, look somewhere else.

When selecting a roofer, ask loved ones for their experiences and recommendations. Ask others if they’re pleased with their work, with the overall quality of the chosen materials, and if the costs were fair. Ask as many questions as you can to get the best possible repair for your money.

As this article said in the beginning, it’s very important to learn what you can about getting a roof worked on correctly. This will help you make the most of the money you spend. Put the above tips to good use and your roof will look great for less.…

August 16, 2021 lexutor

General Article

Miranda Rights Under Recent Supreme Court Cases

In a close 5-4 decision, the United States Supreme Court has just released an important legal decision and update on one of the most recognized cases in U.S. legal history, Miranda v Arizona. As any follower of police or lawyer shows knows, the Miranda case is known for its inception of Miranda rights, those “right to remain silent” quotes that police officers must inform you of when you are arrested or questioned while under arrest. Even the most casual observer of the law has heard of Miranda, and most of us know that under it, we are not obligated to answer any questions from an arresting officer. Miranda was a landmark case in supporting the Constitutional 5th Amendment right against self-incrimination. No person can be forced to answer questions that may incriminate themselves, and no person can be interrogated further by police once they have invoked their right to remain silent. The U.S. Supreme Court’s decision on June 1st, 2010 could change the way Miranda rights are used in the court room and during criminal arrests in the future.

In the original Miranda v. Arizona case, the defendant Ernesto Miranda signed a confession when the evidence showed that he did not know he had the right to remain silent or have an attorney present during questioning. The Court ruled in that case that, essentially, the police had bullied Miranda into the confession when they realized he didn’t know he had a right to remain silent. The Court’s opinion held that this right would be useless if the police did not inform a suspect of that right to refuse to answer questions or led him to believe he did not have such a right. Ultimately, a person accused of a crime has a constitutional right against self-incrimination, and the Miranda court decided that the confession the interrogating police officers got from Miranda due to his ignorance of these rights was unconstitutional. Incidentally, although Miranda’s confession was thrown out because of this, he was ultimately later convicted in a new trial. The Miranda court’s underlying reasoning and decision was later reviewed again in 2000 in Dickerson v. United States, and affirmed.

In this recent court case Berghuis v. Thompkins, a new wrinkle was added to the rights of a criminal defendant that were discussed in the Miranda case. In this case, the Court held that simply refusing to answer questions does not, by itself, require that the police immediately give up their questioning. In the majority opinion, Justice Kennedy stated that a criminal suspect who wants to invoke their Miranda right not to be questioned must do it unambiguously, simply remaining silent for certain questions, while answering others was not enough the Court said. Going forward, it appears that under the majority decision a criminal suspect must be perhaps more clear if they truly wish to invoke their right to remain silent. The dissent protested that under this legal holding suspects in a crime must now unambiguously invoke that right, which (counter-intuitively) would require them to speak to do so. While it is not yet clear how those fears will play out in future criminal cases, this new decision has at least a mild limiting effect on the rights of criminal suspects under Miranda to be able to avoid their answers being used against them if they choose to answer any questions.…

August 13, 2021 lexutor

General Article

Which Individuals Often Seek Out A Theft Attorney?

We can readily identify three groups of people who are often seeking the expertise of it. Criminal law is the branch of the law being practiced by them. However, his concentration is more on theft cases. Nowadays, we are seeing subspecialties in the main criminal law specialty, and this (‘theft law’) is one of those subspecialties. If you want someone who is familiar with the intricacies of theft law, it’s the theft attorney who you should be approaching. They know all the constitutional and statutory provisions that govern it. They are also well-versed when it comes to other previous cases that give precedent to any such case you may be facing now. Such is their familiarity that no other word could be used to describe them but specialists. More often than not, they started their career interning in law firms that specialized in these cases. In fact, you’d probably come across theft attorneys who have been handling nothing but theft cases throughout their career. It is by virtue of such experience that they qualify to be termed as expert theft attorneys. More often than not, they are famous in their locality or their city. Ask other lawyers, and they would even recommend him to you should you require a theft attorney. When we speak about the services of it, there are three identifiable groups of people who are most likely to seek them out.

It is most often sought by individuals who are charged or accused with committing it and are expected to go to court because of them. They could be innocent or guilty. The defense of these accused individuals have to be solid and credible, and that is where it comes in. The theft attorneys can draw on their familiarity with the law and other constitutional provision in order to mount said defense. The theft attorneys also tend to have good knowledge of the statutes they can cite when defending the said clients. They tend to dig deep and even look into past court cases for additional information. Theft cases handled by theft attorneys have a better chance of being resolved quickly in favor of the accused, so you should consider hiring these specialist instead of criminal lawyers who practice general law.

Victims of theft are also active in seeking out the services of these theft attorneys. Whenever they feel as though they have to do something to bring those people who stole from them to justice, they need a plan or a strategy. They can do that with the help of a theft attorney, and they can also possibly recover the items that have been stolen from them. The theft attorneys are usually very well placed, by virtue of their experience, to give such advice.

Workplace theft is also quite prevalent nowadays and, in an effort to curb this, rules or policies should be set. Thus, employers seek out theft attorneys to help them out in policy-making. Certain industries have fallen prey to various acts of theft in the workplace. The people trying to create anti-workplace theft policies often have to consult the theft attorneys, in order to be advised on ways in which they can craft policies that actually have the full backing of the law.…

August 7, 2021 lexutor

General Article

Why The Representation Of A Criminal Lawyer Is Important

The legal system is often very complicated, and can be daunting to anyone who is charged with a crime. You need to hire a criminal lawyer to represent you if you are facing prosecution. It is important for legal representation to be obtained as soon as possible after you suspect you will be charged with a crime. A good criminal lawyer will be able to disprove the prosecution’s case and raise the necessary reasonable doubt to achieve an acquittal in your case.

When you are charged with a crime, the wheels of justice begin turning almost immediately. You will likely need to arrange bail. You will be required to appear before a judge at an arraignment. A criminal lawyer can help you determine what actions will be taken. The lawyer will provide advice to help you map out a prudent course of action.

You may be released on bail after the arraignment while awaiting trial. If you are not released and must remain incarcerated, your attorney will be able to visit you in jail. Your conversations with an attorney are protected and confidential. Any advice obtained from a lawyer should be implemented, but some people have difficulty accepting the advice.

A defense lawyer has the right to be presented with evidence that could be used against you during trial. The discovery process can help the lawyer to build a good case for you. The attorney may arrange for depositions or other information gathering processes to use in court. These might include scheduling the appearance of expert witnesses and testing of evidence.

When your trial begins, your legal counsel is responsible for obtaining the best possible panel of jurors. The process involves skillful questioning during jury selection and may require the use of a jury consultant. Being able to develop fairly immediate rapport when questioning the jury pool can make a significant difference in the outcome of your case.

Your lawyer has the responsibility of reviewing the major points of the prosecutor’s case and determining where there are weaknesses or gaps. These issues must be presented in clear and understandable terms to the jurors through skillful questioning of witnesses, presentation of evidence or pointing out inconsistencies during closing arguments. Skill in reading the body language of others can be a key ingredient in a successful defense.

The legal professional must monitor the questioning by the prosecutor so that if questions are improperly phrased, they can be prevented from entry into the record of the trial. Even when the ruling of the judge is in opposition to the fortunes of your case, it may be possible to have such decisions reversed upon appeal if verdict is “guilty”. During and after an unsuccessful defense, it is the lawyer’s responsibility to take notice of potential instances in the case that could be argued in a higher court when the outcome in the initial case is undesirable.

A criminal lawyer takes great pleasure in the successful exoneration of their client, and when this is achieved it is certainly a cause for celebration. When a less desirable outcome occurs the work doesn’t end there. Luckily, in many guilty verdicts there will be grounds for appeal and this is something that shouldn’t be overlooked. When you retain the services of a good criminal lawyer you can expect your best interests to be accounted for either way.…

August 4, 2021 lexutor

General Article

It Is Necessary to Place Limits on Democracy in Order to Promote Human Rights?

Ex Justice Michael Kirby defines democracy in Australia as:

[a] sophisticated form of government which involves the general ability of the will of the majority to prevail but in a legal and social context in which the rights of vulnerable minorities are respected and defended

It must be argued that this succinct statement illustrates, expressly and implicitly, the potential for an inextricable relationship between democracy and human rights. The defending of human rights can only exist within a democracy, and conversely, the ability of anyone to raise their hand and claim a human right to be defended is a fundamental element of a democracy.

What are “human rights”? It must be argued that human rights are a mere concept, intangible ideals, principals within the realm of philosophy. The Universal Declaration of Human Rights says:

All human beings are born free and equal in dignity and rights

It must be argued that there is a distinct difference between the concept of human rights and the interpretation and application of human rights in a social context.

The interpretation of our human rights can be derived from the UDHR, other HR treaties and subsequently our own state and federal laws. However the language used in these instruments is left intentionally vague and ambiguous to allow different meanings to be inferred from the words. As time progresses and the nature of a normative society changes, values, deviant and moral actions change, the law changes slowly after to accommodate for the change in society. Drinking alcohol and driving is a good contemporary example of this. When talking about The Constitution Justice Kirby says:

The words [of the Constitution] take on their colour with the change in circumstance and attitudes

So we are able to apply the concept of rights to our society through the judicial and legislative processes, which are the checks and balances within a democratic system. For example, we have a right to free speech at Article 12:

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

But does that mean we are allowed to say anything we want, wherever we want? It would have to be argued that we do not as various pieces of legislation have been enacted to stop “hate speech” and “defamation”. This must be argued to be a policy consideration and a formal social control mechanism. This illustrates how human rights in their purest form have restrictions put on them when applied in a social context. Anti-Terrorism legislation in Australia and across the world has seemingly trampled over human rights with arguably deplorable and undemocratic notions such as preventative detention and the abandonment of due process of law. However it should be argued that this type of legislation is a reaction to a real or perceived problem to preserve public safety. The question has to be asked if this is an acceptable trade. It was Benjamin Franklyn who wrote:

They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.

Is it necessary to restrict the democratic voting rights of offenders in prison? It must be argued that the democratic right of citizens of a country to have their say in the election process is a fundamental cornerstone of democracy and without it the country wouldn’t be a democracy. The Constitution Act implies this at s7 and s24 that the Senate and the House of Representatives be:

directly chosen by the people

It should be argued that the limits of this democratic process to certain members of society have been placed because of policy considerations involving social normative ideals. The “moral panic” drummed up in the press, fear and ignorance of the whole prison / rehabilitation process is a contributing factor.

It must be argued that the concept of eligibility is very important in the application of human rights in a democracy. Prisoners for example, are not eligible to vote, not eligible to liberty and so on. They have essentially lost the ability for those rights to be applied to them under certain circumstances for the sake of social order, punishment and protection. Does this concept of eligibility limit democracy? It should be argued that an action that is for the benefit of the majority of people and backed by the majority of people is a democratic action. As Justice Kirby says in the opening definition, democracy is the ability of the will of the majority to prevail.

What is “the majority”? The majority of any group is a complex and difficult question. There is the actual number of eligible voters, …

July 29, 2021 lexutor

General Article

How A Criminal Attorney Is Able To Help You

In the United States, criminal law is arguably the most complex area of law, since it comprises a wide range of concepts. As a result of this, there are a wide range of available attorneys that specialize in criminal defense. A good criminal attorney will advocate on behalf of their client in court and defend them to the best of their abilities against criminal charges.

Several offenses are deemed to be illicit and immoral in nature because of the gravity of their consequences. The most representative crimes falling under this legal area include homicide, assault, theft, drug trafficking and sexual offenses. Certain lawyers specialize in a specific kind of crime, whereas others widen their area of practice to include all illegal acts.

Choosing the right lawyer to represent you in your case is a decisive factor in whether you will succeed or not. As may be expected, there are various types of lawyers specializing in different areas, so choosing the right lawyer will mean greater efficiency and competence. A strong defense is much more likely when the lawyer you choose already has expertise in the defense of the crime you’re accused of.

When a person is arrested and charged with a criminal act, they will inevitably feel crushed by the harsh reality. Indeed, persons who go through such an ordeal often describe it as the most traumatic period in their lives. Furthermore, the family of the accused will also share the burden of fear and anxiety.

It therefore becomes crucial to appoint a reliable defense lawyer to take care of your legal issues in these troubled times. The shock will make an individual feel helpless and at a loss as to what to do, so having a lawyer by your side will allow you feel more at ease and confident that the matter is in a professional’s hands.

Apart from the emotional blow, a person facing such serious charges also has their reputation at stake. It is inevitable that when a person is arrested and accused, his record will suffer an indelible mark, which might well influence their life later on. It is only through a sound criminal defense that an individual can safeguard their reputation and professional credibility.

The most common fear of defendants is being sentenced to time in prison. Being forced to spend a period of time incarcerated will mean a harsh separation from loved ones, as well as a huge blow to one’s reputation. Most people faced with a criminal charge tend to panic and imagine themselves in jail before a criminal defense lawyer is hired. Fortunately, a good attorney will manage to eliminate the certainty of jail, or at least lessen the period which must be served.

Browsing the internet will help you make an informed choice in your time of need. Many lawyers today have their own website through which they can advertise to potential clients. Such websites will contain all the relevant information which prospective client would need. Certain lawyers also offer free consultation to anyone wishing to make use of such service in order to better understand his legal position in such an important time.…

July 25, 2021 lexutor

General Article

Finding the Right DUI Defense Attorney Helps Reduce Effects

If someone is charged with Driving Under the Influence (DUI) in Tampa, Florida, it is important that they obtain representation from a reputable Tampa DUI attorney. A charge of DUI will not only affect their criminal record and freedom, but their driver’s license, insurance rates, current employment, and possibly future employment. The penalties for DUI in the State of Florida are substantial, and a defendant needs an aggressive and experienced attorney to represent their interests.

Florida DUI Law

Florida law states operating a motor vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher, or under the influence of chemical substances when affected to the extent normal faculties are impaired, is in violation of driving under the influence.

Test Refusal

Florida law requires suspension of the driver’s license for 12 months for the first offense and 18 months for any subsequent offense of refusing testing for alcohol or substances concerning driving under the influence.

Driver’s License Suspension

Upon a first offense, the driver’s license will be suspended for 6 months, 12 months for subsequent offenses, and for 18 months for a third subsequent charge.

At the time of license reinstatement, an administrative fee, reinstatement fee, license fee and an examination is required, as well as proof of liability insurance at the time of the arrest or liability coverage.

License Administrative Review Hearing

Beginning the date of your arrest, the accused has only 10 days to file for a formal review hearing before the Florida Department of Highway Safety and Motor Vehicles or face automatic license suspension for either 6, 12, or 18 months, depending on the situation. A Tampa DUI lawyer can prepare the necessary paperwork to request a review hearing in order to obtain a temporary driving permit.

If the individual waits to reinstate their license once the revocation period ends, they will be required to provide proof of enrollment or completion of DUI School and treatment, complete required examination, pay an administrative fee, reinstatement fee and any license fee, as well as provide proof of liability insurance on the date of arrest or liability coverage and a reinstatement fee.

Ignition Interlock Device

Upon conviction, the person could be required to have installed in their vehicle an ignition interlock device upon eligibility of reinstatement for a permanent or restricted driver’s license.

Experienced Tampa DUI lawyers can explain the options and guide them through the legal process. Depending on the circumstances, the charge maybe reduced or dismissed and the license returned to them as though it was never suspended.…

July 20, 2021 lexutor

General Article

Is That Criminal Lawyer the Best?

When selecting a criminal lawyer, numerous factors should make a difference in who you select. This person is going to represent you in a court of law. That means his or her actions are going to have a direct reflection on the outcome of your case and on you as well. For this reason, it is a very good idea to hire someone that you feel you can trust to help you through this legal situation. No matter how serious the charges are, it is critical for you to select the attorney that is going to impress you. If he or she does not have the ability to impress you, how will the attorney impress the court?

What Really Matters

As you consider the vast number of criminal lawyer firms available today, it is easy to believe that they are all the same. They are not. In fact, it is very common for individuals to find themselves overwhelmed with options and still be unable to choose. There are some qualities you will want to look for in these professionals. These things make the biggest difference in what they will actually be able to help you to accomplish.

– Is the attorney confident but not overconfident? You do not want to hire someone that has an ego two sizes too big. Rather, you want someone that knows his or her job and has the ability to win cases because of that confidence.

– You will want someone that is trustworthy. Do you trust your attorney? If there is any reason you cannot or do not trust him or her, look for someone else. You should have the utmost of faith in this provider.

– Your attorney should be someone you feel comfortable talking with and someone that is compassionate. They need to spend some time with you and help talk you through what is happening. The attorney that understands that this is a life changing event for you is one you can trust the most.

– Are they reliable? You will want to hire someone that shows up for appointments on time. You want to ensure the lawyer does what is promised.

– Is the provider one with a good reputation? If they are well known as a fair and honest lawyer, then you know they are someone you want to be associated with through this process.

A criminal lawyer can provide you with any type of help you need but the right one will help you to achieve the best possible outcome possible. That is something to strive for when you are considering the long list of providers available.…

July 16, 2021 lexutor

General Article

Criminal Law Degree Programs

Criminal law can be also named penal law can be used to refer to any of the bodies that rule different areas in an effort to impose punishment to individuals or persons that have failed to comply with the same.

Such punishment may vary with the severity of the crime that is being looked into. Sometimes, the severity of the crime might lead to the execution of the perpetrator.

A criminal law degree will help one to be able to understand the legal guidelines as well as the punishments that are given for breaking such laws in the different areas.

Different countries have different laws. For example, in most Muslim countries, they use the Sheria laws which are very strict.

Crimes like robbery are punished by the cutting off of the perpetrators hand while adultery is a very serious crime which leads to death by stoning.

If you want to study a law degree in such countries, this is what they will be learning.

When you compare such laws and their punishments to other countries, you will find that they are too strong because in some countries adultery is not a crime that can be punishable by law.

There are different ways that you can be able to study criminal law. You can choose to take an associate’s degree where you will be able to learn law enforcement, corrections, paralegal careers etc. which is normally completed in two years.

An associate’s degree however will have less training than a law degree.

This is why you will find most people will prefer to have a bachelor’s degree as they will be more qualified than when they have an associate’s degree.

Additionally, you can be able to qualify for various jobs such as social work, correctional treatment specialist.

You should also be aware that a normal bachelor’s criminal law degree might be gotten after about four years of study.

Once you have gotten this degree, you can be able to easily secure a job and then you can decide whether to continue to a master’s level or stay with the bachelor’s degree.

Doing a master’s program has got several benefits. The first benefit is that you will be qualified for higher and more challenging jobs than when you had a bachelor’s degree.

This means that you will have a wider experience when it comes to law matters. Secondly, you will also be able to earn far much more than when you had a bachelor’s degree.…

July 12, 2021 lexutor

General Article

The Relationship Between a Recession and Crime

The UK, and much of the world is currently in recession. Crime is generally considered to rise during tough financial times, but in which ways and why?

As we know, unemployment increases dramatically during a recession. Businesses struggling or going under cause a spate of redundancies, meaning a large increase in unemployment. This inevitably leads to more cases of depression, which can lead to higher crime. The most obvious cases are drugs and alcohol. People suffering from depression often turn to drugs and alcohol for refuge. Increase in drug taking (a crime itself) leads to more drug related crime. Drug dealing will become more rife if demand is higher, and crime’s such as theft may be committed to feed drug habits. It is also more likely that people will commit crimes, such as those involving violence, if they are intoxicated by drugs or alcohol.

A recession leads to more debt. If people spiral into debt they are liable to become more desperate. This particularly increases crimes such as theft. People are more likely to steal so they can pay off their debts. They may also turn to other illegal ways to make money if they feel that there are no legitimate ways of earning.

Violence is another area that can increase during a recession. People are more liable to get angry when times are tough, and therefore are more likely to turn violent. People may be angry with their employer who has made them redundant, or the government because they don’t feel that they are being helped sufficiently, meaning they are generally more disgruntled with the world. People may also become more hostile towards each other. In particular those who are struggling may be angry towards those who are not. There has been a recent example of this in Ireland, where there were instances of violence towards some Romanian immigrants. The reason for this was attributed to some being angry that the immigrants had taken “their” jobs, although they were jobs local people hadn’t applied for at the time of the vacancies.

Family break ups are sometimes more likely to occur during a recession. Debt can cause stress within the family and lead to marriages breaking up. The break up of parents can have an effect on children. Although they mostly focus on those from low income one parent families, (usually where only one parent is financially responsible) statistics show that children from single parent families are 75% more likely to become a drug addict. They also show these children are 70% more likely to finish school without any qualifications. This is significant as a high percentage of crime is shown to be committed by those with a poor education.

There are many different aspects of a recession that can result in an increase in crime. Some are in obvious ways, such as theft to pay off debts, while others are less so involving a chain of events that may cause crime.

Andrew Marshall ©…

July 8, 2021 lexutor

General Article

Why You Really Need A Lawyer When Filing For Divorce

People go through a lot in their lives, but when it comes to events that need them to invoke to law in order to achieve their goals, finding a legal expert is the best thing to do. Having the need for an attorney can be borne out of many reasons. Some commit crimes, some are committed crimes against while some would simply want to lead a life of their own away from a spouse who may have been abusive. The reasons are endless, but when one wants to seek the protection of the law or to advance the full force of the law against another, hiring an attorney is always the best option.

A clear illustration of this need is a woman who wants to divorce her abusive husband and keep her children but ends up losing everything to him, including properties that she should have kept. And it’s all because she didn’t hire a divorce lawyer. Although not many people probably know it, it is possible to file for divorce without a lawyer. One can just go to the right authorities to file for such an action to be effected on their marriage. The problem with not hiring a lawyer, however, is that a situation could be so easily twisted by the other party to the extent that the one who files for divorce ends up with his goals unachieved.

In any divorce proceeding, the most important factor, at least, in upholding the interest of the people who are involved, is proper representation. In the case of the woman who didn’t get what she wanted out of the divorce she filed, even if she deserved the best of it, poor representation through an inefficient lawyer might have been the reason. Or the woman may not have hired a lawyer at all. In any legal battle, it is crucial that a lawyer is present so a party’s best interests may be put forward. Obviously, attorneys have the right education, training and experience in handling legal cases and if there are people who can handle these cases with utmost efficiency, it’s lawyers, no less.

A divorce case can even get more complicated when there are children and custody issues involved. This is the part that creates the worst anxieties for parents are going through this legal procedure. Thus, an attorney’s services will be greatly useful. Winning custody of children is a matter of proving which parent is better fit to perform his or her parenting roles. And only a trained and competent lawyer can do this job well. Many parents have lost custody of their children not because they were less worthy of keeping the kids but simply because they have not gotten the right representation through their divorce proceedings.…

July 4, 2021 lexutor

General Article

A Criminal Lawyer Can Protect You From Wrongful Conviction

If you are facing criminal charges of any kind, it is essential that you hire knowledgeable and experienced legal representation to protect your rights. The attorney you choose is instrumental in determining the outcome of your case. It does not matter if you face misdemeanor or felony charges, having proper legal representation is the best way to protect your record from the consequences of a criminal conviction.

If you are convicted of a crime, it could affect just about every aspect of your life: school applications, employment status, and even where you are able to live. Hiring a professional law firm that comes with skilled and experienced lawyers and counselors is the best way to improve the outcome of your case or any other legal matter you may be facing.

If you are still deciding whether or not to hire a criminal lawyer to represent your case, understand the following three ways they can help you.

Evaluation

The first thing your criminal lawyer will do when they take on your case is to evaluate it. This will consist of a thorough reading and assessment of the charges that have been filed against you in addition to your lawyer investigating the evidence that the prosecutor plans to use during your trial. Your attorney will also interview you and various witnesses on your behalf, in order to get a thorough assessment of your side of the case.

Advice

Your lawyer will provide you with information on options available to you in your case. The type of options usually open to you at this time include filing pre-trial motions in order quash or exclude evidence in order to get a dismissal of some or all of the charges, accepting a plea agreement, or proceeding to trial before a jury or judge. Your criminal lawyer will recommend which option he or she feels will be in your best interest. The next step will involve you and your attorney deciding on which option to pursue.

Protection

Your lawyer is there to protect you throughout your case, which may include protecting you from receiving additional charges filed against you and preventing you from speaking to the cops and unintentionally incriminating yourself.

A criminal lawyer also has other responsibilities as they relate to your case, which include negotiating to get your charges reduced or dismissed, representing your interests before, during, and after court, and much more. During such a vulnerable and important time in your life, it’s important to make sure that you get all the help you need in order to secure the best outcome.…

June 30, 2021 lexutor

General Article

Three Common Myths About Dealing With Police

Hollywood, sadly, has given us the notion that being suspected of having committed a crime is a dramatic, confrontational event that leaves a huge dent upon the suspect for the rest of his life. Being arrested can be a traumatic event in your life, especially if you are not prepared for it. Of course, nobody is looking forward to being arrested, but it is more important to arm yourself with the right information than struggle with the authorities if the time comes.

To better understand how to deal with an arrest, it is important to be aware of the several myths about the police that, for so long, have been perpetuated by Hollywood and believed by so many ill-informed viewers.

Myth No. 1: It is better to give your consent to a warrantless search to show the police that you have nothing to hide.

The Truth: Giving your consent to a warrantless arrest means allowing the police to search for home for any kind of evidence, whether substantial or circumstantial, that can help the police impose charges upon you. For example, if the police are suspecting you of having committed a murder and they have found an unlicensed firearm in your custody that is similar to the one used at the scene of the crime, even if you didn’t commit the murder, they can still arrest you for owning an illegal weapon and for circumstantial evidence. Never give your consent to the police asking your permission for a search. If they cannot show you a warrant, it is most likely because they know they cannot perform the search.

Myth No. 2: You shouldn’t ask for a lawyer because the police may think you are guilty.

The Truth: Having a professional legal adviser by your side is one of the basic rights of any person who has to face the law. After all, the law is a complicated, specialized, and technical matter that not every person accused of a crime is familiar with. Besides, there is no use trying to convince the police that you are not guilty because they already think you are. If worse comes to worst, it will be the police who will be filing charges against you in court. This is why you will need a lawyer to deal with all the technical details of your arrest. Guilty or innocent, a lawyer will protect your rights.

Myth No. 3: The police will let me go if they hear what they want to hear.

The Truth: Remember, you are already guilty in the eyes of the police. This means whatever you say can be used against you before a court of law. You should be informed of this, of course, through the Miranda warning read before any sort of interrogation, but not many investigators follow this in practice. It is always better not to say anything in front of the police, at least until you have spoken with a good lawyer and has been given advice on what you can say about yourself and the case. The only thing that police officers can rightfully extract from you is your name and nothing more.…

June 27, 2021 lexutor

General Article

The Benefits Of Hiring An Experienced Criminal Attorney

A criminal attorney is a legal professional who specializes in the defense of those charged with criminal misconduct. They address the issues of the arrest along with any statements that are made by their client. A lawyer will also deal with any issues associated with the crime their client has been accused of.

All criminal defendants are guaranteed the presumption of innocence until proven by a prosecutor to be guilty before a jury of their peers. It is the responsibility of the defense lawyer to ardently pursue their client’s cause at all times. They must strongly defend the client’s rights and freedoms at all stages of the judicial process.

When accused of illegal activity, it is important to contact an experienced criminal lawyer. The effectiveness of the lawyer you chose can make the difference between having the charges dismissed or being convicted and sentenced to prison. Regardless of your situation, you need an aggressive attorney who will protect your rights and work towards getting the best results.

A relentless lawyer will work diligently to have the charges reduced or dropped. They will work tirelessly to reach the goals you agree upon regarding your legal matter. They will use every resource they can to present the best case possible for you in your time of need. Your counsel will endeavor to reach a solution to your legal situation in as short a time frame as possible.

This will include a thorough pre-trial investigation to gather as many facts to aid your case as possible. It will also span the verification that all evidence against you was obtained in an unquestionable manner. Interviews with the police, witnesses, or any other parties involved will be completed to expose any exaggerations or lies in the narrations they provide.

When required, a private investigator will be employed to provide more information regarding the accusations against you. Experts in various fields such as ballistics or polygraph testing may be utilized, along with expert witnesses to create the best defense possible. In all cases, negotiations with prosecutors will be aimed at getting the minimum penalties possible for the crimes you have been accused of.

If you have been accused of a crime or find yourself under investigation, it is important that you immediately contact a criminal defense attorney. This can prevent complications and future problems with a potential case. With quick action by an experienced attorney, many accusations can be stopped before it leads to formal charges against you. With the intervention of the right lawyer, an investigation can also be ended before it becomes an overwhelming issue.

An aggressive and competent criminal defense attorney can provide you with the best chances of reaching an acceptable result in the legal process. It is important that your rights be protected throughout the entire judicial process when faced with a criminal charge. The outcome of these proceedings can make a drastic change to your life, so having an experienced criminal attorney representing you is important.…

June 24, 2021 lexutor

General Article

Defending a Domestic Violence Case in California

Defending a California Penal Code 243(e): Spousal/Domestic Violence

California Penal Code 243(e) is defined as a willful infliction of force or violence upon your intimate partner. This charge is also commonly called domestic violence, domestic abuse or spousal assault. This can include any form of physical violence such as pushing, hitting, shooting, etc. This is one of the most common charges in California that are considered criminal, and individuals charged of this crime should contact a criminal defense attorney right away.

Defenses Used for California Penal Code 243(e):

Attorneys use a number of defenses in order to lesson the charges or have the domestic violence charges thrown out. A competent attorney will use the details of the case and the circumstances surrounding the case to prove his or her client’s innocence. Some possible defenses include:

Self-Defense

It is permitted by California law to use force in order to defend yourself. For instance, if a husband comes toward his wife with his fist drawn back, appearing as if he is going to hit her, the wife has the right to defend herself. If she should happen to pick up a weapon and hit him in the knee, for instance, to make him fall to the ground – she is not a criminal and a domestic violence charge is not warranted. She is allowed to use enough force to stop the attack on herself.

Defense of Others

By the same token, if one is defending someone else from an attacker, they can utilize force to do so. For instance, if a mother is in the middle of hitting her own child and an older sibling knocks the mother to the ground to stop the attack – hitting her head on the counter as she falls, the mother may claim domestic violence. However, since the older sibling was acting in defense of her younger sibling – it is actually permitted by law. If the force was used in defense of others, the charges of domestic violence will likely be dropped.

Accident

There are cases where individuals are injured by accident, and because of anger or miscommunication, someone is charged with domestic violence. For instance, Marcus and Maria are arguing, and Marcus storms out of the house and gets into the car. Maria follows him in an attempt to stop him, but he slams the car door as she sticks her hand out – injuring her hand by accident. Even though the two of them were arguing, Marcus didn’t mean to injure Maria’s hand. Through her anger, she may have seen it as a willful act, or she may just want to ‘get back’ at Marcus by calling the police.

Anyone who has been accused of domestic violence should contact a criminal defense attorney right away. The attorney can begin strategizing a legal defense as soon as he or she finds out the details of the case and what happened. This can prevent the accused from paying large fines and/or facing jail time that is undeserved. In some cases, the charges could be dropped all together.…

June 21, 2021 lexutor

General Article

How to Find a Reputable Criminal Lawyer

For those who find themselves in need of a Virginia criminal lawyer often need to find the best criminal lawyer available and in a very short space of time. The need to find a good lawyer quickly often means they do not have the time to interview several lawyers before making a final choice. However, there some steps you can take which will help you find the right criminal lawyer for you quickly and easily. Finding no hassles and waste of money.

Finding the right Virginia criminal lawyer usually means making appointments to meet with several different lawyers in your local area. Before you go down this road it is a good idea to determine what kind of criminal lawyer you need according to the charges against you. Criminal law encompasses many different classes of crime and as such there are lawyers who will take on any case and those who specialize in certain crimes. Therefore you need to ascertain what type of you lawyer you need before you waste time meeting with lawyers who do not have the expertise or ability to help you. You may come across lawyers who advertise themselves as having the ability to represent anyone in any kind of criminal matter, but it is better to seek out a lawyer who specializes in cases aligned with your own before you arrange to meet anyone.

For many people the choice of who to hire as their lawyer comes down to money. Hiring a good Virginia criminal lawyer is not cheap and you need to have some idea of what your budget is before you hire anyone. If money will be an issue you can look into the possibility of applying for financial aid which is available from various sources. Another alternative is to look for a lawyer who is willing to represent you on a pro bono basis. Pro bono means that a lawyer will take your case on for no charge or for a minimum payment. Many lawyers will take on a certain number of pro bono cases each year, however, there may still be expenses associated with your case which you will have to pay for.

Possible the quickest way to find a good lawyer is to ask a lawyer. Many lawyers are happy to recommend lawyers to potential clients, particularly where a case requires experience of particular legislation. You can also approach your local bar association for a referral although you may have to pay them a referral fee if you hire the lawyer they put you in touch with.

It is essential that you meet with potential criminal lawyers before making a final decision. Your first consultation is usually free and gives you an opportunity to ask about experience, qualifications and that all important fee structure. Once you have decided on a Virginia criminal lawyer to represent you, make sure you have a written agreements in place and a break down of all fees and charges relating to your case, especially if you have agreed on fees beforehand. Well prepared plans could result to the success of a case.…

June 17, 2021 lexutor

General Article

Act Fastly On Time Without Delaying

There are many cases wherein a person can be arrested in the state. This is mainly when an individual is found to violate the law and order imposed in the country. You should first of all understand the fact that law and order are framed by the judiciary of the country to clearly understand the factor that it must be followed under full spirit and also there are means by which to detect if anyone has committed a crime by violating the norms imposed by the country. You will be really troubled if you are caught for committing any crime and you will be having only one way to get rid of the charges by fighting the case with the help of a criminal defense attorney Orlando. There are many attorneys in the country and you might be really confused in selecting the right attorney who will be able to carry on with the case in the way of favoring you in the court. This is mainly because of your inexperience in the field and as the very first step try discussing these issues with your friends or family member as they might know any one in the field.

This is mainly because of the fact that man is a social animal. You can also make use of the facilities provided by the internet wherein you can definitely come across lot of law firms who might be able to help you with the case. You should definitely fix up an appointment with the law firm in order to discus the issues with the lawyer. You should make a point to tell the truth and try to recall all the sequence of incidence one by one correctly so that the attorney will be able to prepare notes accordingly in order to defend the client in the court of law. You must make sure that the attorney is having some prior experience in dealing with such cases and this will help you in naturally gaining some confidence that you will be able to get rid of the charges with the passage of time. You should carry on with these steps very easily as it should not be delayed. This is because of the after effects you will have to face with the passage of time in future if the charges are left unattended.…

June 12, 2021 lexutor

General Article

Criminal Lawyer Files: Avoiding Lewd Conduct

Lewd conduct is any illegal action committed by an individual with the goal of stimulating the sex drive or sexual interest of themselves or the person towards which this action is aimed. Lewd conduct criminal offenses typically involve porn, prostitution, or indecent exposure crimes. Lewd behavior, also called lewd and lascivious conduct, is regarded as a criminal offense by the government and all fifty states, although the classification and implications of lewd actions could differ by jurisdiction. The meaning and consequences for lewd conduct crimes rely on the legislation and the particular details of the case.

Severe legal consequences may result from such practice. If the other individual is a grownup, the criminal offense can be either a misdemeanor or a felony, based on the act. Such acts could also be accompanied by other criminal acts.

The individual found guilty of such behavior often must deal with an extreme degree of social disapproval. The specific charges and penalties for this offense depend upon the action that was committed, how often it had been committed, and if the actor has any prior sexual offenses or other police records. Because of the significance of the charge and the severity of potential punishment, it is essential to seek the assistance of a defense attorney educated and experienced in defending sex crime cases.

For an illustration of this lewd conduct charge, think about the following lewd conduct case in which a guy was arrested for masturbating in public. The person allegedly uncovered his genitals before a female postal employee. He took off his shirt and began masturbating outside of a house where the lady was delivering mail. The masturbating guy was also in possession of marijuana and was arrested for possession of marijuana as well as lewd actions. Masturbating in public areas is a lewd act and so, if the state could prove that the person could have reasonably anticipated to be viewed by the non-consenting postal worker and that she was surprised by this act then a conviction can happen. It’s a defense attorney’s task to make sure this doesn’t happen. Lewd conduct is a disorderly person’s crime which carries fees and penalties of as much as 6 months in prison and $1,000 in fines. In some instances it could be a 4th degree crime such as when private parts are exposed to a child or somebody with a mental problem.

It’s almost suicide to try and handle a lewd conduct study or charge by yourself. You must immediately invoke your constitutional right to remain silent if you’re contacted by a detective. Even if another person such as a relative, a child or anyone calls you on the telephone and tries to bring up accusations of child maltreatment, don’t speak with that person. Chances are the conversation is set up by the detectives and it is being recorded. By simply calling an experienced criminal defense lawyer in Los Angeles, you can indeed save your very own life. Don’t be seduced by tricks used by police officers or investigators to get you to admit that you touched a minor unlawfully.…

June 8, 2021 lexutor

General Article

Inchoate Offenses and Criminal Defense

Criminal prosecution is commonly pursued when an individual is apprehended following a crime. This may include individuals who are captured immediately after committing a crime or persons who are arrested after law enforcement officials conduct their investigation into the act. It is commonly recognized that completing a criminal act often gives reason for prosecution, but some people may not know that you may be charged with a crime if you are apprehended before the criminal act is committed.

If an individual is caught in the process of planning to execute a criminal act, he or she may be accused of committing an “inchoate offense”. Inchoate crimes may involve the interruption of a criminal act by law enforcement or other outside forces. In order to prove an inchoate offense, the individual must have had clear intent to commit the crime and it must be proven that the person had the capability to execute the crime.

Inchoate offenses are often based on the individual’s intent. It is one thing to consider committing a crime without ever taking steps toward executing it, but it is much more serious if the person actually begins preparing to complete the criminal act. This may include outlining plans, purchasing tools or equipment, and telling others about the intentions.

Conspiracy is a common inchoate offense, that usually involves collaboration between two or more people to commit an illegal act. If it is revealed that the conspirators were hatching a plan to commit a crime, the persons involved may be charged with conspiracy and possibly the intended crime as well. Conspiracy charges may be filed against anyone who had knowledge of the plan or anyone who knowingly provided support or supplies to the persons involved.

A person may also be charged with an inchoate offense if they are stopped before they are able to carry out an intended crime. Examples of attempted crimes may involve persons stopped before they can steal vehicles, break into homes, or commit robberies. The prosecution usually will pursue action against the individuals involved, often noting that the crime was one of “attempt”.

Other inchoate crimes usually include providing support or assisting others with crimes, or hiring someone else to commit a crime for you. It is important to know that you can be charged with a crime even if you do not succeed in the attempt, or if you assist someone else in the commission of an illegal act. If you would like to know more about such offenses and how to defend against such accusations in a court of law, visit the website of the Appleton criminal attorneys of Kohler, Hart & Priebe.

June 5, 2021 lexutor

General Article

Help Your Criminal Lawyer Help You

Our daily lives are heavily under the impact of the legal system of where we live and one day you may need the services of a Criminal Lawyer. This might be subtle, but this is true in all places around the globe. Everything must be conducted according to the existing law; from insignificant thing like walking on the street to very important thing like declaring a war. Moreover, the world that grows rapidly causes several changes. This is the result of the financial loss, new technology, and bad relationships. The changes can cause people who have no bad intention to make a bad mistake which will lead them to the service of criminal defense attorney. Unfortunately, the attorneys are not a perfect help. They will prefer to do collaboration with their clients so that they can help the clients optimally.

Quality time: The easiest way to create a good cooperation with your lawyer is by coming to the meeting that the lawyer has set. This meeting is important for you to discuss everything about your legal problem. There are too many bad examples on the ignorance of the clients. In America only, most clients who have problems with circuit and juvenile cases fail to meet their lawyers.

Meetings with lawyer are crucial, so if your attorney wants to meet you, make sure you say yes. You can even help him or her more by preparing your case’s detail, documents, or witnesses. Your lawyer is definitely a busy person. Thus, if you are unable to meet him in certain meeting, call him and reschedule the meeting. The moment before the trial start is not the perfect time to conduct meeting.

Be honest: Be aware who your lawyer is. He or she is not your friend, your priest, or even your parent. The point is that you must never justify, exaggerate, and change any fact in front of your attorney. Just provide things that you remember to be the truth. Your attorney will help you with your case no matter what has happened before. However guilty you might be, they will still give you legal advices, getting you the defenses, and honestly telling you about possible resolutions.

More honest information from your part will be resulting in better defenses from your defender. But if you lie, you cannot expect a good relationship between two parties since there will be no trust. This can lead to unfavorable outcomes that will make you less happy in the end.

The proof is everywhere: In the courts of criminal cases, right or wrong sometimes does not matter anymore. The only valid things are witness credibility, constitutional questions, or best evidence. If the trial has only two witnesses, one from each party, the winner of the case usually is the party that can provide the witness who can tell better story and presenting facts more consistently.

So, help your lawyer finding better defense for you by providing him the details, alibis, witnesses, and corroborating information. If you are not anywhere near the crime scene when it happened, provide proof. You can show restaurant receipts, contact, toll slips, property titles or maybe statements from your associates.

You must not be complacent when you are accused for things that you did not do, even if you cannot actually do it. Everything can happen in the court, and the innocent not always win in the end.…

June 1, 2021 lexutor

General Article

What Are the Different Types of Criminal Law Cases?

Criminal law covers all offenses by an individual against the State. A crime is always against the State, and when a criminal is punished, it is a retribution for the State. There are several types of criminal law cases that are tried in the courts. These crimes are generally categorized into General Offenses, DUI/Traffic Offenses, Sex Offenses, White Collar Crimes, and other miscellaneous offenses that can be tried in courts.

General offenses include aggravated assault, kidnapping, manslaughter, robbery, murder, embezzlement, false statements, perjury, resisting arrest, theft, among other crimes that fall under general offenses. Crimes that fall under traffic/DUI are drag racing, aggravated driving, aggravated DUI, driving on suspended license, endangerment, reckless driving, extreme DUI, and misdemeanor DUI among others.

Sex offenses are those committed against the chastity of the person. Whether you are a man or a woman, so long as you were offended in some way in relation to your person, pertaining to your gender, the act itself can still be considered as a sex offense. This includes sex abuse, molestation of a child, sex assault, public sexual indecency, computer crimes, failure to register as a sex offender, and public misconduct with a minor.

White collar crimes are those that are considered as environmental crimes, fraudulent schemes, extortion, money laundering, professional licensing issues, regulatory crimes, and racketeering.

Even with the diversity of crimes that are adjudicated daily, once you are charged with any of these crimes, or you happen to be a victim, you should seek out the counsel of a good lawyer to defend you and your rights in the proper court of law. While it is true that anyone can file a criminal case in the courts, it is imperative for you to seek the advice of a good criminal lawyer. If you were the victim, and you happen to find yourself terribly abused, you always have the option to seek redress in court. And, if you are the one arrested because of a criminal charge, you are also entitled to equal protection by the court since you are still presumed innocent until the court has convicted you of the crime being charged.

Crimes against the person per se, such as murder, vehicular manslaughter, assault, and rape usually involve a greater degree of punishment since life was directly inflicted upon. Although in rape, depending on the circumstances, life may have not been taken but the injury caused is always for a lifetime. More often, these cases capture the public interest than petty crimes such as shoplifting or drug possession. On the other hand, robbery, perjury, and computer crimes are adjudged based on the degree of damage that the criminals have caused either against the person or the property.…

May 27, 2021 lexutor

General Article

Proportionality of Crime to Punishment: An Eighth Amendment and Due Process Approach

In 1991, Harmelin v. Michigan, the United States Supreme Court held that a sentence of life imprisonment without the possibility of parole for a serious felony is constitutional under the Eighth Amendment. During the case, the Supreme Court members heavily debated whether or to what extent the Eighth Amendment requires proportionality. Some justices argued that the Eighth Amendment has no proportionality requirement for the length of prison sentences, while others believed that it had some degree of proportionality.

The Eighth Amendment clearly states that “excessive fines” are prohibited. That implies that the Eighth Amendment requires a degree of proportionality between the nature of the crime and the fine issued. However, the Eighth Amendment allows says that “cruel and unusual punishments” may not be inflicted. The Amendment never states whether it is cruel and unusual to punish a less culpable class of persons, innocent people, or people who commit certain types of crimes. It simply states that the punishment cannot be “cruel and unusual.” Setting someone on fire as punishment is clearly both cruel and unusual. This punishment hasn’t been used in the United States in a long time and it is known to inflict a large amount of pain and suffering. Executing children can also be viewed as cruel and unusual since children are less developed than adults and children are not frequently executed. We often punish juveniles differently from the way we punish adults. However, there does not seem to be a clear proportionality argument stemming from the Eighth Amendment. The Eighth Amendment seems to provide more of a maximum allowed punishment for a particular class of people.

In pre-colonial England, many crimes were punishable by death or other severe punishments. States have previously introduced the death penalty for non-homicide crimes such as rape. Treason can also be punishable by death even if no deaths results from it.

In my opinion, the Eighth Amendment would prohibit the punishment of people who have not committed a crime or had no requisite state of mind to commit a crime. In addition, I believe that the Eighth Amendment limits the punishment toward certain groups of people such as the mentally ill and juveniles. However, I think that pure proportionality should stem from the Fourteenth Amendment.

In 1996, in BMW of North America, Inc. v. Gore, the United States Supreme Court relied on the Fourteenth Amendment and held that excessive punitive damage awards violate substantive due process. Likewise, the proportionality of the crime to the punishment should be examined under the Due Process clause. There are many goals to punishment and varying views on the harm of crimes to society so proportionality is subjective.

To solve this problem, I would recommend dividing crimes into categories: petty crimes punishable by a maximum of six months imprisonment, crimes punishable by a minimum of six months imprisonment and a maximum of life imprisonment, crimes punishable by mandatory life imprisonment, and crimes punishable by death. Each crime would have to be proportional to such category. Otherwise, it would violate substantive due process. Factors to evaluate in each crime may be: (1) the degree of reprehensibility of the defendant’s conduct; (2) the amount of harm the defendant caused to both the victim and society; and (3) the reversibility of the harm particularly through the defendant’s future actions such as restitution to the victim(s).

In other words, the punishment has to be “grossly disproportional” to the crime committed. Creating more categories has no legal basis and should be left to democratically elected legislatures to decide. Under this reasoning, the ban on “excessive fines” also stems not only from the Eighth Amendment also from the Due Process Clause.

The Eighth Amendment and Due Process Clause work together. For example, the Eighth Amendment may not forbid requiring someone to wear a shirt saying “I steal mail” as punishment for stealing his neighbor’s mail. However, requiring someone to wear that shirt every day for his whole life may violate substantive due process.…

May 25, 2021 lexutor

General Article

How to find what’s trending on social media

Finding trending topics on social media can be an important tool in keeping your brand ahead of the competition. It can give you a better understanding of your audience and allow you to create interesting, relevant content.

Only a generation ago, keeping up to date with the latest topics was a pretty simple task. You picked up your daily newspaper or watched the evening news on TV. The explosion in information and communication channels mean it’s not quite so simple nowadays. Check trending clothes stores reviews in US here

Trend monitoring is important for any business. For marketers and community managers, joining a conversation on time means you are able to add something to the conversation. There may be trends within your industry that dictate product development.

Finding these trending topics on social media rather than looking elsewhere is simply the quickest way to discover conversations as they happen, and before they move onto other forms of media. Check us-reviews.com for trends on fashion.

Thankfully there are several methods for uncovering the very latest trends on social media;

1. Quora

Quora provides its members with personalized information feeds while encouraging them to answer questions in their areas of expertise such as fashion, finance, sports etc. The main mission of the company is to share and grow people’s knowledge by creating a massive database of questions and answers.

You can browse the Top Stories feed on your home page to see some of the most popular Quora topics and content. Also, you can search for specific keyword phrases and look at the most popular content (according to “upvotes,” comments, and shares).

2. Google Trends

Google Trends can help you find trending searches and the most popular searches in a wide range of categories.

You can search by region for a specific topic or the time it was searched to find the recently trending searches. The good thing about Google Trends is that the information is based directly on search, which makes it great for coming up with organic-traffic-driving content.

3. Sprout Social

If you are looking for a platform to find out about relevant social media management features such as CRM, engagement, helpdesk, monitoring, analytics, publishing, collaboration, and mobile, then there’s no better platform than Sprout Social.

The difference between Sprout social and other platforms on the list is that it will require a paid subscription. However, it will give you access to real-time post scheduling, brand monitoring, drafting, publishing, analytics, drafting, and comprehensive reporting on different niches.

4. Reddit

Reddit is a superb platform that has its version of trending topics. There are of course a few things here that you’ll find silly however the platform does have some content that will give you a good idea of what’s trending in the fashion culture.

5. YouTube Trends

YouTube today is the second most popular search engine after Google and this makes it a great source to publish and consume content. On YouTube you can find perfect trending topics on sub-categories like movies, music, news, gaming, and fashion. You can also find trending topics in specific areas if required.

6. Pinterest

Though there are a couple of industries that benefit from Pinterest more than others, the portal shares with the audience the monthly trending report which can prove to be extremely helpful for the advertisers and the marketers.

…

May 22, 2021 lexutor

General Article

Rehabilitation in Criminal Law

In short and plain terms, rehabilitation basically means the path to restore a criminal to a useful existence in society. This path is often paved with hundreds of hours of therapy, pertinent education and more.

To truly restore a perpetrator to good condition so he or she can operate efficiently in the real world again requires time and a lot of analysis. The right decisions need to be made from the start with regards to the proposed rehab plan. The main assumption made by the advocates of rehabilitation is that a person is not criminally inclined for life, and that it just takes the right process or processes to straighten out the mind of the convicted person.

The main purpose of rehab, then, is to prevent the recurrence of a crime that has previously been committed. This prevention of habitual offending is the cure that is likely to allow the state in which the convict is situated to present the man or woman back to society with a confident outlook. Being able to once again contribute to himself or herself as well as the greater society is the achievement that is to be expected (or at least hoped for) after lengthy rehabilitation schedules.

Where does punishment fit into all this? There are two schools of thought on this note. The first is that certain punishment, such as community service, probation orders and any other forms of punishment are complementary to the rehab plans ordered by the court and sanctioned by the state.

The other side of the coin is the exact opposite. It could actually be bad for the convicted person to be subjected to a lengthy jail term that is much longer than the schedule for rehab. Think about it – the likelihood of a prisoner coming out of a penitentiary after 15 years in confinement with rosy cheeks and a smile on his face is pretty slim, isn’t it? More likely, he has it in for society now, no longer being on the same wavelength as the people in the real world he left behind many years ago. This is the danger of long prison terms for non-violent crimes. For violent offenders, the longer the jail time the better – at least this is how many people see it.

For more information on rehabilitation law, check your local library for your city’s past criminal cases and the resultant jail terms and rehab schedules. This will be the best resource to understand the law in your local area.…

May 21, 2021 lexutor

General Article

The Job Of A Criminologist

The criminology jobs are often offered to graduates who have completed their studies of crime and law in accredited institutions, either the Bachelor’s degree, Master’s or the PhD level. Of course, the higher level you achieve, the better and more working opportunities will be available. Criminologists often work around explaining theoretically the delinquent, aberrant and criminal behaviors portrayed among the social communities. It is their primary task to investigate the crime and criminal law by analyzing criminal endeavors and the illegal methods used by criminals to break the law.

The criminologist career is one that is branched into several types and levels of law enforcement agencies to construct behavior profiles for some specific crimes. The agencies are also responsible in garnering criminal information, especially the crime rates statistics. They cover also the job of analyzing larger criminal justice scheme, its processes and investigating crimes. Criminologists can expand their career paths in these fields: judicial, rehabilitation, forensics, counseling, women’s studies, retail investigation, intervention programming, research and policy studies, law enforcement, youth programming and counseling, medical investigation, corrections, teaching, insurance fraud investigating and prevention and diversion programming.

There are diverse courses required in the study of criminology, including juvenile delinquency, government, introductory psychology, criminal law, sociology and criminal theory. Besides, criminology jobs also require the knowledge in corrections, forensics, statistics for the social sciences and business, and abnormal psychology. It is more preferable for graduates to take up part-time jobs related to prisons and criminal system to have wider information regarding criminology. Students should also equip themselves with the basic knowledge of logic, writing and computer science.

The horizon of the criminologist career is not at all narrow. It revolves around some computational work, report proofing, providing catalogue information about the crimes, proposing improvements for the use of resources, analyzing the crime causes, conducting data collection and compiling crime statistics. There are also criminologists who are directly involved in attending crime scene investigations and autopsies to seek information and evidence to investigate the crime.…

May 18, 2021 lexutor

General Article

How A Violent Crime Attorney Can Help Resolve Cases Before They Are Brought To Court

Not everyone who has been accused of violent crime is guilty of committing it. Many times, individuals have been thrust into court trials with little justified reason. It is the job of a violent crime attorney to ensure that their clients are treated with more respect and discretion.

A competent, trustworthy criminal law attorney can help an accused individual fight his case even before it goes to court. Court trials can be incredibly messy, not to mention convoluted, time-consuming, and detrimental to one’s reputation. Clients can save themselves from the stress and social stigma if their defense lawyer can help them prove the soundness of their defense early on. This can be done through pre-file investigation.

Pre-file investigation is the stage wherein the criminal defense attorney represents the client in an early stage of the criminal process, before formal charges are actually filed by the prosecutor. During this stage, the violent crime attorney can utilize a variety of resources to gain information and evidence to support his client’s defense. The defense lawyer may look up on police investigations, direct public records searches, or consult with psychological experts, polygraph testers, forensic investigators, computer or Internet experts and other authorities.

The main objective is to prevent the criminal complaint from being filed and brought to court. There are two ways to achieve this: the defense attorney can either bolster his client’s credibility or discredit the victim’s accusation. The client’s credibility can be backed up by disclosing favorable private polygraph results or by presenting reference letters from trustworthy parties such as community leaders, religious leaders, teachers or friends. Defense lawyers may also attack the complaint credibility of the victim by uncovering unsubstantiated allegations against others made by the victim or by introducing witnesses to question the reputation and truth of the victim’s accusation.…

May 13, 2021 lexutor

General Article

Does a Criminal Offense Give My Child a Criminal Record?

The parents of children charged with criminal offenses immediately worry if their child will have a criminal record as a result of the charge. Honestly, there is no simple answer to this question, as each case, circumstances, and results are unique, and all of these factors play a part in answering that important question.

Parents who find themselves in the difficult position of helping their children through the complex family court judicial system have the great responsibility of obtaining the best representation they can for their child as they go through the court procedures. Sometimes, choosing the right criminal lawyer can mean the difference between a permanent criminal record, a juvenile record, or an expunged record, and that difference can be a seriously positive or negative turning point in the life of a child.

As every adult knows, the turbulent teenage years are full of memorable events, some that you look back upon fondly, others that make you grimace. Making a wrong decision during this tempestuous time can result in a court case and consequences that will last a lifetime for everyone involved. Not only is it important that parents and children know this, it’s also important to know that if a wrong decision is made that results in a court case, they are not alone.

There are specialized attorneys who know the complexities of the family and juvenile court system, who have stood beside families in troubled times and helped them and their children make the best out of a difficult situation. Just as there is an expert DUI lawyer out there for those who find themselves in a DUI citation situation, and a diligent workers compensation lawyer out there for those injured on the job, a dedicated defense attorney is here available for you and your family, to help you get through your child’s court case.

For parents who are wondering about their child’s possible criminal record, it is best to consult a qualified, experienced, and knowledgeable criminal defense attorney with a specialization in juvenile cases. Sometimes, on charges of lesser severity, a child can go through a diversion program, which handles the issue outside of a courtroom.

In other cases, depending on the seriousness of the charges, the records can be sealed or destroyed after a certain amount of time has passed and the individual has not had any subsequent charges. In other cases, it may be possible to have the child’s case expunged, or erased. In the most serious of crimes though, a child may be charged in adult court, with adult criminal record, procedural, and sentencing consequences. Again, each situation involving a juvenile is unique and will be treated so by a professional defense attorney.

If your child is involved or charged in a criminal matter, please contact a competent law office to learn more about your state’s juvenile laws and how they pertain to your child’s situation. A good lawyer will help you make sure your child receives the fairest treatment possible by the court system and help you understand your role in this challenging situation.…

May 10, 2021 lexutor

General Article

How to Find the Best Criminal Law Solicitor For Your Case

Criminal law solicitors can deal with a wide variety of criminal offences such as serious crimes (e.g. murder), drug offences (e.g. possession and supply) and money laundering.

If you are accused of committing a criminal offence it is important to have the support and knowledge to help you through what can be a difficult time. It is therefore important that you find a criminal law solicitor who not only understands the area law of you are charged with but who can also support you through each stage, whether it be a police station interview, appearance in the Youth Court, Magistrates’ Court, Crown Court or at the Court of Appeal.

Choosing the right criminal law solicitor for your case is an important task, as you do not want to be represented by someone who does not fully understand the areas of law you are charged with. You may also need to work closely with the solicitor so you will need to make sure that you can form a professional relationship with them. So to find the right criminal law solicitor for your case you may want to do some research.

First you should find a number of specialist criminal law solicitors firms that are local to you, and a few that are not – your preferred search engine should help you out here. Look through their websites and check that they can help you with the area of law you are charged or being investigated with. You may also want to do some further research by seeing if they’ve been mentioned on any other sites (such as review sites), however you may find that there is not much extra information out there because criminal law is a very private and confidential area of law.

After some research you should have narrowed your list down to a select few firms. The next stage is to give the firm a call and ask to speak to someone who can help with your enquiry. The solicitor or advisor may be dealing with a client or possibly be at court, and therefore unable to speak, so ask if you can arrange a telephone appointment at a more convenient time. This may also be a good time to ask about any costs that are involved, you may be entitled to Legal Aid.

Pick a criminal law solicitor who you feel comfortable talking to, you may have to spend a lot of time with them going through your case details so you need to feel at ease when talking about the case. An experienced and skilled solicitor will also help you feel comfortable in a very tense and stressful environment when it comes to police station interviews or court proceedings.

If you do find yourself facing criminal proceedings, it is not recommended that you handle the case on your own. Many issues can arise during the proceedings which only an experienced criminal law solicitor can deal with. There are many criminal law firms that can help you and make sure you get the best possible chance of defending yourself against the accusations you may face.…

May 5, 2021 lexutor

General Article

What are Performance Conversations and how to do them properly?

Every workplace has its own signature. Sometimes, managers and employees are not on the same page and they need to be put on track to make the work flow as better as possible. To do this, professionals must set up meetings and lead the conversation to achieve the best workplace performance.

These talks are not always easy. Most employees won’t be happy to open up and share their opinion as they think that might pose a threat to their position. Managers on the other hand are getting into the room with their ego and higher position, and this can become exhausting and futile.

That’s why a performance conversation should be done professionally. In this article, we’re talking more about what it is, how it is done, and what is the outcome from it. Follow up if you want to know more about this process.

What is Performance conversation?

By definition, performance conversation is an attempt to talk out problems and make work flow as better as possible in the workplace. It can be done with more people at once or as a one on one session. Learn more about it here.

Professional coaches are leading the conversation, and are trying to get out the thoughts of the people involved in the situation. This is not a method for employees alone, but for management too. For the business to run smoothly, everyone must perform on the highest level possible.

1. Individual approach is key

There are no two exact people by any meaning. Some have one personality and others have another one. It’s completely normal and we can’t expect everyone to fall under the same pattern.

What we should do is adjust our approach toward employees to find out how to make the best out of them. We need to prepare for them by studying their resume, their behaviour, and only after this, we can find the best approach. No two people are the same and we can’t address everyone with the same tone.

2. Listen just as much as you’re talking

Trying to convince someone about changing some of their habits is not easy. This can’t be done by simply explaining the rules and showing what needs to be done. Sometimes the problem is in people not expressing themselves, so we need to learn how to keep our mouths shut when others talk.

Listening to people is often enough to make them feel better, retrieve their faith and loyalty. They might need a friend and someone to tell them their problems. So, listen just as much as you’re talking. You might learn a thing or two.

3. Don’t provide feedback immediately in all cases

All experts suggest waiting a while in most cases. When people have these performance conversations, they often don’t want to hear solutions right away. They are not feeling themselves at the moment and it’s best to wait until the storm passes.

Instead, you can call them after a few days and finalize the talk. Explain to them what you think and what the situation is. They will be much calmer then instead of the moment after the tension was building and boiling for an hour.

In other cases, however, it’s best to spill out your thoughts instantly. This is going to make a much greater difference than waiting to cool things. It all depends on the mentality of the employee and what will be better for the company.

4. Always be honest

There’s no other way than this – always be upfront and honest. Always say what must be said and don’t feel sorry for employees’ feelings. This is only going to make things worse. Instead, tell them what they need to hear because this is the only way to solve things.

Sometimes brutal honesty is what people need. Others – it’s a tap on the back. The expert should be the judge of that and do what they think is best. Read this article to see why it’s crucial to be honest: https://smallbusiness.chron.com/honesty-important-business-22624.html.

5. Set goals

Before starting the meeting, and while talking, always set goals. Think and talk what is the primary objective of the company and what everyone must do to get that goal. When you both agree on what is needed and who needs to up their game, everything’s going to be easier.

6. Follow the progress

One final, but crucial thing is to follow the progress of the employees you’ve been talking with. These conversations are often not easy, especially when the truth is not something they want to hear. After the conversation, they will make or break, but either way, it’s good for the business.

Follow their work and ask them again after a while for another chat. See how satisfied they are, and are things going …

May 4, 2021 lexutor

General Article

In Criminal Law How Does the US Rank on Justice?

It seems as though the world media, and many of the members of the United Nations are constantly pointing their fingers in an unflattering manner towards the United States of America. Maybe it’s time we hold up our mirror and make them look in it. Over the years, I’ve read a number of research studies, often coming out of Europe, and from socialist nations mind you; they say that the United States is lacking in all sorts of things from education to environmentally friendly businesses, and from wealth to our criminal justice system.

And yet the same nations will not condemn some of the worst abusers on the planet. Some of these nations that are pointing fingers at the United States will not even join the United Nations in a common cause of liberty, freedom, and democracy. These same nations, and their academics put out research papers trashing the United States, but we are always the first person that they call when they would like to see money diverted to a poor nation.

Yes, they call upon us to help give money to the IMF, the World Bank, or some giant NGO to help a poor nation, on their behalf. But when it comes time for them to put up their money, it isn’t there. And yet where they place the blame? You see, it concerns me very much. There was an interesting article recently in SpaceWar titled “Rule of Law Index Finds Faults in China, Russia, US” by Staff Writers in Washington DC published on June 13, 2011. The article stated that the yearly Rule of Law Survey has concluded that;

“It sees weak protects for fundamental rights in China, ‘serious deficiencies’ in Russia, and problems with discrimination in the US, Sweden and Norway scored highest on the World Justice Project Rule of Law Index, which ranks countries on such key areas as whether the government is held accountable, there is access to justice, rights are protected and crime and corruption is prevented.”

The US did well on most of the survey, however the purveyors of this highly political piece and report claimed there was still work to do on the gaps between wealth and poverty with regards to access to fair treatment and “a general perception that ethnic minorities and foreigners receive unequal treatment from both the police and court systems.” Hey wait a minute, it is just amazing, that all of these studies put out by socialist nations trash the United States like this.

What gets me even worse, is will we have a neo-liberal-socialist political action committee law firms which poses as a neutral nonprofit group stating that the United States is lacking. It’s not, in fact it’s the other way around, we have too much political correctness, and we are not using common sense to keep our great nation what it is. And the reason this nation is great is that we have some common sense left, we don’t need to move in the other direction. Indeed I hope you will please consider all this and think on it.…

May 1, 2021 lexutor

General Article

A Federal Criminal Law Attorney Can Best Defend Those Accused Of Federal Crime

Persons accused of committing federal offenses generally face harsher punishment than those who commit state crimes. An experienced criminal law attorney who is intimately familiar with federal law is in the best position to protect the rights of those accused of committing federal crimes.

Federal offenses include those that are committed on federal property or offenses prohibited by United States federal law. Some examples of federal crimes are bank robbery, tax evasion, terrorism, murdering a government official, computer fraud, and certain forms of fraud and money laundering. Crimes that are committed by perpetrators in more than one state are also considered federal offenses.

Such crimes are investigated by federal agencies such as the Federal Bureau of Investigation or the Homeland Security Agency instead of the state police. Persons accused of federal crimes are tried in federal court. This is different from state court and involves a complex system of laws. If convicted, persons who face federal criminal charges face long years of imprisonment, hefty fines, and other severe penalties.

Though they face serious charges, the defendants retain the right to legal representation. Those accused of committing federal crimes best benefit from enlisting the services of a defense attorney as soon as possible.

A competent criminal law attorney who is licensed to practice before federal court and is highly familiar with federal law can best defend the accused. The lawyer will explain the legal process to the client in great detail, conduct his or her own investigation and create an aggressive defensive strategy based on the facts of the case. A good defense attorney can make sure the defendant’s rights are protected at all times and work to obtain the best possible outcome for the case.…

April 29, 2021 lexutor

General Article

Best Online Law Degree Programs

With the increasing number of crimes that are committed in this world a lot of lawyers are needed.

But these days it is not just about getting a lawyer who can represent you in a normal case. They have to be outstanding and not like any other lawyer known in town.

The first thing is to know how to choose a law school that will ensure that you get the best knowledge when it comes to law. And what is normally believed and said is that there is no better law school other than the one that comes to you. This is what is known as online law degree programs.

Before one gets to choose an institution where they want to study law it is wise a good research is made. It should be one that will meet all their needs. But why would one need to do online law degree programs?

There could be various reasons among them is may be they lives are full of busy schedules and there fore can not make it to class everyday. Others could be that they find it easier to do online reading which is a more personal work schedule other than attending lectures.

For some they would want to learn in a certain institution but they do not want to leave their on country and go to read in other countries. And to some it is just a preference they have while to others they find it cheaper.

Whatever the reason could be it is certain that online law degree programs are offered widely and it is up to one to choose what they would want. Some of the institutions that offer are Concord online law degree programs.

There have two forms in which one can acquire there law degree programs.

There is the Juris Doctor and the Executive Juris Doctor. Both of them come as part time programs and they take four years and three years respectively. This is one of the most preferred institutions due to its quality learning and the prosperous students who have graduated from there.

The one thing that this online institutions offer is that once you have graduated from the there you instantly become a practicing lawyer.

You do not have to run up and down and look for employment, it comes hand in hand with your graduating scroll.

And with the new technology you never have to think about large books to carry all you need is your personal computer or your laptop.…

April 26, 2021 lexutor

General Article

Better Sentences With a Top Criminal Defence Lawyer

A defendant who pleads guilty or is handed a guilty verdict after trial will be sentenced or punished according to the penalties fixed by applicable criminal law. If both sides had previously entered into a plea bargain agreement, the judge may impose punishment based on its terms or take into account other factors before fixing the defendant’s sentence.

Negotiating a plea bargain and presenting favourable circumstances in evidence are effective sentencing strategies by a criminal defence lawyer. Melbourne judges may choose from several sentencing options to promote rehabilitation of the offender while reducing the strain of overcrowded jails.

Purpose of sentencing

The objectives of sentencing are the following:

to ensure that the offender is adequately punished for the offence

to prevent crime by deterring would-be offenders from committing the same act

to protect the community from the offender

to promote rehabilitation of the offender

Sentencing options

Courts may impose any of the following sentences on guilty offenders:

dismissal and conditional discharge

bond

deferred sentence

payment of a fine

community service

periodic detention

suspended sentence

full-time custodial imprisonment

Sentencing options for young offenders are different and are likely to be less severe because its primary aim is to rehabilitate the offender before reintegrating the young offender into society.

Sentencing factors

The following factors may help persuade a judge to grant a more favourable sentence:

the demeanor, statements and cooperation of defendant during trial

presence of mitigating circumstances which reduce responsibility of the defendant as perpetrator of the crime

past criminal history

mindset and intention of the offender while committing the crime

extent of damage as a result of the crime such as personal injuries, property damages, expenses and personal costs

absence of treachery, cruelty or premeditation in the commission of the crime

Sentencing may take place immediately after a guilty verdict in misdemeanor cases or after a few days or weeks in felony cases and those that may carry long incarceration periods.

During the sentencing hearing, the judge may allow allocution statements to be made by persons for the defendant.

These and other factors like detention time already served, good behaviour between the time of conviction and sentencing, and statements made by the offender in pre-sentencing reports are some of the matters that may be used to obtain a favourable sentence with the assistance of your criminal lawyer Melbourne. Courts are limited in their sentencing options to ensure that not only is a crime adequately punished but more importantly, that an offender is not punished excessively.…

April 20, 2021 lexutor

General Article

A Comparison of England’s Criminal Court System With the United States

Last year, I had the opportunity to travel to London, England to observe their criminal court system for a week. This trip was put together by the California State Bar Association. As a criminal defense attorney practicing in America, it was a wonderful experience to observe three or four different English criminal courts. After several hours of observation, our group had an opportunity to visit with the judge and lawyers from that session. Below find a comparison between the two systems.

1. What standard of proof is required before a formal charge is issued to a citizen?

Very similar to the United States, the English standard for the issuance of a formal charge is “reasonable suspicion” that a crime or criminal offense has occurred.

2. Generally speaking, how is a formal charging document issued?

Again, in a procedure very similar to the United States, the police and/or the Crown’s Prosecution Service are the ones who draw up and issue a formal charging document.

3. Does a defendant have the right to an attorney?

In both countries, yes.

4. When is a defendant advised of their right to an attorney, and at what stage of the proceedings is an attorney available to them?

An English citizen is advised upon their arrest and prior to being questioned by police that they have the right to an attorney. Basically, this procedure is virtually identical to the procedure in the United States as to a “Miranda” warning.

5. Does a defendant in England have the right to examine the prosecution’s case file (reports, witness statements, forensic examination results, etcetera)?

Yes, and well in advance of trial.

6. Does a defendant in England have the right to a jury trial?

Yes, but not as liberally as in the United States. For a first offense, the maximum penalty that an English citizen needs to be facing must be at least six (6) months in prison before they are entitled to a jury trial. For a second offense, at least twelve (12) months in prison. Generally speaking, all misdemeanor and 30-day type offenses (such as misdemeanor DUI, etcetera), does not afford or offer the defendant the right to a jury trial. All of these type offenses are handled as bench trials before the judge.

7. Is a defendant in England presumed innocent during the course of the proceedings?

Yes.

8. What is the general makeup and conduct of a jury trial in England?

Generally, the jury is made up of twelve (12) members; however, during the course of the trial the number of active jurors can actually go down to nine (9) and the case will continue until a verdict is rendered. English law allows a 10-2 or otherwise “super majority” verdict, a unanimous verdict is not required. By contrast, most criminal courts in the United States require a unanimous verdict.

9. Does the defendant have the right to an appeal?

Yes, but only upon an alleged error of law.

Some interesting information about appellate courts in England: Previously, all criminal appeals were referred to a specific subcommittee of the “House of Lords” for a decision. Only recently have specific appellate courts been created to handle criminal appeals. An appellate court does not have the ability to strike down or nullify a law, they can only interpret a law or make a recommendation to the Parliament that a law be rewritten. The highest appellate court in England hears appeals for England, Wales, and Northern Ireland in both civil and criminal matters. Scotland has retained their own appellate court for criminal appeals. The “Privy Council” is the final appellate court available to all British republics (example: Jamaica, Trinidad and Tobago, etcetera). The “privy council” is made up of the same judges that comprise the appellate courts. The English appellate courts very rarely sit “en banc.” Depending upon the perceived importance of the matter to the general public, panels of either five (5), seven (7) or nine (9) judges will hear oral arguments and decide the case. For the most part it is a panel of three judges who hear and decide the cases. Average oral argument is around eight (8) hours per party.

10. What is the standard of proof required for a conviction in criminal court?

“Sure” is the current standard in England. Formerly it was “beyond a reasonable doubt” (as is the standard in America); but it was recently changed to “sure.”

Some generally interesting points of the English criminal judicial system are:

“Prior bad acts/prior convictions are admissible as proof to the current offense charged (example: an English defendant on trial for shoplifting second offense would have the first shoplifting conviction announced or published to the jury)

The English judiciary embraces the concept of …

April 18, 2021 lexutor

General Article

Reasons to Hire a Criminal Attorney

Being arrested for a crime in Florida can be intimidating and disheartening. When the accused person is innocent, the idea of facing criminal charges is especially frightening. Under Florida law, a lawyer will be appointed for a person if they cannot afford one. Another option is to represent oneself. Common sense, however, usually suggests that the defendant should hire a criminal defense attorney in Florida. There are several reasons for this. Here are just a few.

Understanding

The State’s laws are very particular. Self-representation should not be attempted by anyone who does not have a full understanding of the Florida Statutes. They explain the process and requirements. Some defendants to attempt self-representation do not realize that a judge cannot and will not give them any legal advice. This includes potential moments when the defendant is missing important information from the prosecution because they simply did not ask for it. No one advises them when they may be able to have their case dismissed entirely due to mishandled evidence or improper procedure. Arguments and evidence must be presented a certain way in the Florida court system. This is why attorneys must pass the Florida Bar exam before they are given the privilege and right to practice law in the Sunshine State.

Repercussions

The private lawyer will take the time to explain what happens when the defendant takes a plea bargain or is convicted of a crime. Some of the events that take place simply upon conviction may not be obvious to a defendant representing themselves. A public defender may not have the time or inclination to go through all scenarios and stipulations involved.

Expertise

Some lawyers are more experienced in certain types of matters than others. For example, a bankruptcy attorney may be able to handle a murder case, but a criminal defense lawyer would probably do a better job. When choosing an attorney, one should seek out a lawyer with experience and expertise with the types of charges involved in the case. A DUI attorney, for example, is better suited to handling a driving under the influence case than someone who has never approached one before. DUI attorneys understand the importance of requesting and attending the administrative hearing. Most inexperienced counsel may not understand that it is an important step to reduced sentencing or having driving privileges restored. As a result, retaining a Florida criminal lawyer with appropriate experience is crucial.

Caseload

Lawyers in the Florida Public Defender’s Offices are well-known to have higher caseloads than private attorneys. This gives the public defender less time to investigate the accusations, conduct interviews, prepare witnesses, file paperwork and organize a defense. A private Florida criminal defense lawyer is able to spend more time on each individual case. They can meet all potential witnesses, learn about important details and discover any pertinent evidence that might otherwise slip through the cracks.…

April 14, 2021 lexutor

General Article

Are the Police Wanting to Search You or Your Property?

People often under estimate the investigative powers of the Queensland Police Force or in fact, police forces generally state or commonwealth.

But remember this,Police don’t have the right to search you or your property unless you consent to the search, they have a search warrant, or a law specifically gives them that right. For example, the Corrective Services Act in Queensland provides such a right to officers and their interaction with certain people.

However, police do have the power to search you without a warrant should they believe you are carrying a weapon, stolen property, drugs, tools to commission an offence or something that may harm yourself or another.

They are very broad powers.

But when responding to a request by the Police to conduct a search, you have the right to ask them why they want to search you. It’s important you remember their response, because it may prove to be useful information for your lawyer in the future. If it helps, write their response down.

The other thing you need to remember in all your dealings with Police, is that the Police record everything, be it through audio or video. These recordings may well form a part of their evidence against you. So, you’re always best to be polite and say nothing. While you may be frustrated that the Police wish to conduct a search, the lawfulness of that search is best left to your lawyer to consider, rather than you becoming upset and acting in a way that you may later regret.

This is legal information relating to Queensland, Australia only. It is not legal advice. Such advice can only come from a lawyer who understands the specific circumstances of your matter. This information is current at October 2010.…

April 11, 2021 lexutor

General Article

A Criminal Law Attorney Is a Defendant’s Best Friend

Although everyone is supposed to be innocent until proven guilty in a court of law, some people just refuse to think this way. In their eyes, anyone who is charged with a crime is guilty until proven innocent. This is especially true if someone is being accused of a crime such as murder or rape. Many times, when someone has been charged with these types of crimes, people automatically call for them to either be executed or spend the rest of their lives in prison. Although this may be the correct way to handle the situation in some cases, there have also been a number of times that people have been falsely accused, falsely convicted, falsely sentenced and falsely punished. The sad thing is, many times these mistakes can be attributed to people with the aforementioned mindset. The good news is, people who are being charged with criminal activity, no matter how big or small, don’t have to defend themselves alone. They can solicit the help of a criminal law attorney.

These professionals are skilled in defending and advocating for those who have been accused. Their role is extremely vital to a defendant, especially one who is being charged wrongly. There have been many reported cases of people being wrongly convicted or even wrongly executed. Being accused of something you didn’t do on a day to day basis seems bad enough. Just imagine sitting in jail or being on death row for something you honestly did not do. The sad thing is it happens all of the time. There are even people going through this type of situation right now.

Although having a criminal law attorney isn’t a 100 percent guarantee that a falsely accused person will walk away free, they will definitely have a better chance of getting a fair trial. When someone who is being accused of a harsh crime is sitting in front of a jury they are already at a disadvantage. Everyone wants to believe that the jury is 100 percent objective. However, this is difficult for anyone to truly do. Everyone has had experiences that have shaped their way of thinking. Therefore, at least one person in the jury may have a bias against the defendant, even if it’s just a slight one. So, in some cases they would have to work extra hard to convince the court that they are innocent.

Having a highly-skilled criminal law attorney by their side, will give them the best opportunity to prove their innocence and walk away free. Without them, the defendant would be putting themselves at a great disadvantage. It’s not enough to truly be innocent. However, you must also be able to prove this innocence to others.…

April 7, 2021 lexutor

General Article

The Benefits Of Having A Criminal Lawyer

Being involved in a criminal case can be really scary but when you have a great criminal lawyer with you, you become more confident and at ease. That is why it’s important that you hire one that possesses all the following attributes.

One of the best indications of a good criminal lawyer is experience. It’s a big no-no for you to hire someone who’s just starting out in criminal law. Lawyers only become truly good at their craft when they are able to handle quite a number of cases. The experience would greatly teach them how to act in court and how to handle a criminal case the best way possible.

Next, you need to check if the criminal lawyer has been able to establish himself or herself well. This means that he or she should be highly recommended by his or her past client because they were satisfied with his or her service and work.

Another important quality is tenacity. A lawyer with tenacity is someone who would not lose hope in finding ways to win a case. He or she would exhaust every single possible way to win the case for you. He or she would not settle until there is no longer a way for him or her to win your case.

Courage is also a quality that the lawyer must possess. Your lawyer would be the one who’ll represent you in court so you need him or her to be able to fight for you. That way, you will be represented well in the trial and you have a better chance of winning.

Location is also important when choosing the lawyer. Criminal lawyers charge a bigger fee especially when they are located in another place. To be able to save money, it is therefore best to just get the lawyer around your place.

Finally, you would need to get a criminal lawyer that you can pay for. That’s why you need to ask a lawyer how much his or her fee is before you hire him or her. There are lawyers who charge for their services per hour and there are those who would not ask for any payments up until the case is won. You have to be knowledgeable about this so you can prepare your finances for it.

To help you out, lawyers that possess all these attributes mentioned above are the criminal lawyer Florida and the foreclosure lawyer Florida.…

April 5, 2021 lexutor

General Article

Personal Injury Lawyer May Offer Initial, Free Consultation

An accident, or personal injury lawyer, is a specialized practitioner in the area of tort law. This field of civil law specifies that when a person is injured or harmed through the wrongdoing or negligence of another person, then they are eligible to be compensated for their injury. The compensation can include an element for the injury itself, and elements for any costs incurred, such as medical bills and money lost due to time off work. Accident attorneys would normally recommend that the victim of any accident should contact them as soon as possible after the accident, after of course obtaining any medical treatment which may be necessary.

Tort law allows compensation to be paid to the victim of an accident which is the fault of another person, whether that is due to wrongdoing or carelessness. Note that in some cases the wrongdoing may be a breach of criminal law as well (for example driving under the influence of alcohol). In this case the police and criminal courts may also be involved, but that does not reduce the victim’s right to pursue compensation in civil court.

The compensation which may be awarded for an injury can vary from country to country, or from state to state within a country. However, in general though may be an amount awarded for the injury itself, and additional elements for any financial loss suffered due to the injury. Financial loss could include costs such as medical expenses, and loss of wages due to being unable to work. Both previous and future financial losses would be considered.

Accident attorneys would normally recommend that the victim of an accident should contact their lawyer as soon as practically possible after the accident. They should of course obtain any necessary medical treatment first.

Other useful advice from accident attorneys includes collecting as much evidence as possible. It can be a good idea to take some photos of the scene of the accident, and to take details, such as the names and addresses of any witnesses.

Also keep a log of everything that has happened since the accident, such as the dates of medical appointments and any time taken off work due to the injury. Keep receipts and details of any costs incurred, such as medical bills, rental cars etc.

Personal injury lawyers would normally advise their clients not to make any statements, or admissions, to the other parties involved or to their insurance company or lawyers, without first discussing it with their own attorney.

Many personal injury lawyers work on a contingency, or no win no fee basis. Quite a few will offer an initial consultation free of charge. This will assess the accident victims case, and will give the attorney a chance to explain his fees. In some countries the lawyer operating on contingency will take a percentage cut from any damages which are awarded. This may often be between 30 and 40% of the total award. In other countries the lawyers fees may be awarded against the defendant in the case, in which case the claimant will get to keep 100% of the damages awarded.…

April 1, 2021 lexutor

General Article

Seek Advice When Accused of a Sex Crime

Sexual crimes are sensitive in nature, and there is a stigma attached to sex offenders. Due to that stigma, many people who advise on these crimes may be judgmental toward the accused and express sympathy toward the accuser. Because of this, it is especially important to receive non-judgmental advice when accused of such crimes. It is also true that sex offenses cover a broad range of acts.

The definition of a sex crime varies according to jurisdiction and culture, but most people would agree that these crimes include sexual abuse, sexual assault, rape, pedophilia, child pornography and incest. Sexual assault is defined as a type of sexual physical contact that is non-consensual and involves coercion, intimidation or force. Victims of sexual assault can be male or female, young or old. The differences between sexual assault and rape vary according to state law.

Consult a criminal law attorney to understand the laws of your state. Child sexual assault, child sexual abuse, statutory rape, and other sexual crimes against children are super sensitive in nature. Depending on the jurisdiction, these crimes are often punishable with severe criminal penalties including life imprisonment or capital punishment in some jurisdictions. To understand the various categories of sexual offenses, and to obtain the proper defense, contact a trained lawyer.

Most sex crimes have no witnesses other than the victim. Because of this, it is difficult to obtain evidence such as eyewitness accounts and testimonies. Most cases involve the alleged aggressor’s word against that of the accuser. There has been a history of accusations against people for personal reasons, so the key element in these cases is the credibility of the accuser.

The statements of character witnesses and people who are familiar with the accuser are often taken into consideration in these types of cases. The accuser’s psychological history and prior sexual history may also be considered in these cases. Consult a criminal law attorney to understand the court proceedings and applicable laws. Those accused unjustly of such crimes, even if acquitted can receive negative press and defamation of their character.

Those convicted of sexual offenses are sentenced with a range of punishments from probation or parole, to life imprisonment or capital punishment. Lab work and DNA evidence often play key roles in crimes involving sexual assault or rape. For example, in sexual assault cases, the offender’s DNA may be left at the crime scene or on the victim’s body or clothing. DNA can be collected from different sources, such as sweat, blood, semen, hair, skin cells, and saliva.

This lab work and DNA evidence can identify the offender and lead to successful prosecutions. If accused of a sex offense, it is important to get advice from a nonjudgmental professional. A professional can determine the nature of the case and determine the best method of defense. Attorneys are trained to defend such accusations, and they are familiar with laws pertaining to these cases.…

March 29, 2021 lexutor

General Article

Lawyer Information is Never at Your Finger Tips

So what you may ask. Well the mere fact that our language is confusing enough we will find ourselves in an even bigger pickle when involved with the law as it has its’ own special language as well. This language is sometimes referred to as legalese but actually is an entirely different language. We think a word used in legal speak is used as it may be if defined in an English dictionary but will find it has an entirely different meaning and needs to be looked up in a legal dictionary.

Sometimes the use of the law is more simple than may be expected and in actuality can be quite cut and dry at times. An accident is usually easily solved in which all parties involved agree on what took place. But just have an accident when the parties see it totally differently and all the witnesses also have different view points on what actually happened and now we will find we need to call in the Lawyers.

Like it or hate it, the legal system is about as fair a system we can have in our society at present and has been developed over hundreds of years and is continuing to be developed daily. We can find that all parties to a disagreement will have their respected viewpoints expressed as exact as possible by each of their own legal teams. Decisions are eventually reached that all parties can agree with or decide to take the matter further by appeal if it is available to them in their cases.

The point remains that as long as people disagree on a happening and those involved have different understandings of the words used and if someone in this happening wants compensation then the Lawyers/Attorneys/Solicitors will always be with us.

Finally this is not in any form whatsoever legal advice and is just a non informative article for entertainment purposes only. The matters spoken about may not be acurate at the time of reading and any reference to actual facts are accidental and non intentioned. If you need real legal help consult a professional solicitor or lawyer.…

March 25, 2021 lexutor

General Article

Washington Domestic Violence Law

Domestic Violence Charges in Washington

A charge of domestic violence can initiate not one, but a series of criminal prosecutions, setting actions in motion that can have very serious, long-term consequences. Washington state law provides for vigorous prosecution of anyone charged with the crime of domestic violence (DV). It is, in fact, one of the most zealously prosecuted crimes in the state. As in many criminal prosecutions, competent legal counsel is critical to assure that the person charged is provided an effective and timely defense that will generate the most successful resolution possible.

Washington state law defines DV as any crime committed against a family member, someone living in the same household, or against someone with whom you have or have had a dating relationship. While the majority of domestic violence cases involve couples who are in or have been in an intimate relationship, the scope of the law is not limited to that scenario. It can also apply to parent-child relationships, sibling relationships and various other established associations or domestic affiliations as defined in RCW 26.50.010 and RCW 10.99.020.

Washington state law, specifically RCW 26.50 and RCW 10.99, deals with domestic relations and defines the applicable relationships as well as the behavior considered to be in violation under the law. Harassment, intimidation, threatening, bodily injury or harm, physical or sexual assault, and stalking are just a few of the listed violations. Misdemeanor or felony charges can be filed as a result of any of these actions based on the circumstances and severity of the crime.

Once an arrest for DV has been made, the court will schedule an arraignment proceeding where formal charges will be filed by the prosecution and the defendant will be required to enter a plea of guilty or not guilty. Upon accepting the plea and assuming a not-guilty plea was entered, the judge will determine the conditions of release. Conditions could include participation in a treatment program, electronic home monitoring, or adherence to a no-contact order. The judge may issue a no-contact order at this time if there is not one already in place. A date is set for the pretrial hearing and the defendant may be released based on the judge’s conditions. If, on the other hand, a guilty plea is entered, the defendant may be remanded into custody until sentencing.

No-contact orders are issued by the court for the protection of the victim in a DV case. Adherence to the court order is absolutely essential, whether the victim deems it warranted or not. For example, when law enforcement responds to a DV incident and an arrest is made for criminal conduct, the court will determine whether a protection order is warranted. That order must be honored by both parties or a subsequent arrest and prosecution will be initiated for violation. The victim does not have the authority to reverse a no-contact order and must abide by the judge’s order or incur additional criminal prosecution.

At the pretrial hearing, the parties will review the charges and any progress in the case to determine its readiness for trial. At this point, the prosecution and defense have the opportunity to amend the charges or the plea, and the case will either be resolved or will proceed to trial. Motion hearings may be set before trial to hear various issues and then, barring settlement or pleading out to a lesser charge, the case will proceed to trial. At trial evidence will be submitted by both parties, and the judge or a jury will enter its judgment accordingly, either for conviction or acquittal.

The laws of the State of Washington are enacted to protect the victims of domestic violence. The court system works in concert with the district attorney to prosecute offenders to the full extent of the law and protect the victim. If you have been arrested for domestic violence, your first response must be to seek qualified legal counsel who can prepare an appropriate response to the charges filed against you. Procedural and legal responses will need to be presented to support your case and these require the experience and expertise of a professional with years of familiarity with the law. A criminal conviction is a lifelong issue and affect everything from your right to vote and be in possession of a firearm to your future freedom and the ability to work at the job of your choice. It is critical to consult an experienced Washington attorney if you face domestic violence charges. For more information about the legal implications of domestic violence charges, visit …

March 22, 2021 lexutor

General Article

Reckless Endangerment of a Child

Most people are aware that when they become a parent or guardian of a child, they have specific responsibilities to the dependents in their care. Most often, the parent must assume the role of teacher, provider, and protector of his or her children, and should always act with the safety of the children in mind. If a parent behaves in a negligent or reckless manner around the dependents, he or she may face criminal reckless endangerment charges.

Many parents understand their responsibilities and make sure that their actions are always in the best interest of the child. This involves participating in safe activities, operating their cars and other vehicles with care, and making sure that the children are supervised at all times. By taking the natural steps to care and supervise their children, parents can make sure that the dependents are safe from harm.

Reckless endangerment charges may be filed against guardians who fail to observe laws and regulations when the children are present. Potential causes for reckless endangerment charges may include:

Engaging in illegal activity when the children are present

Driving in a dangerous manner

Leaving the children unattended for a long period of time

Failure to supervise children and allowing serious injury to occur

Using illegal drugs while children are present

Driving while intoxicated with children in the vehicle

Leaving loaded weapons in the presence of minors

Although most people understand that dangerous actions and behavior that put children at risk will carry legal consequences, some do not understand how large a responsibility having children really is. Parents cannot leave their children unattended in vehicles while they run errands, nor should they engage in activity that is dangerous or illegal if they have children present. Such rules should be common sense to most people, but cases often arise showing that some individuals do not understand their role as parents or guardians.

Unfortunately, people may be unfairly accused of reckless endangerment. In some spousal disputes, one individual may attempt to cast aspersions on the other person’s character by alleging reckless endangerment. In other cases, the situation may be very vague or may not necessarily fit the criminal charge placed on the person responsible. In any event, if a person is charged with reckless endangerment, he or she has the right to defend themselves in a court of law.

If you would like to know more about reckless endangerment and criminal defense, visit the website of the Austin criminal defense attorneys of Ian Inglis.…

March 17, 2021 lexutor

General Article

What are your rights as a grandparent according to Child custody attorneys Fort Worth TX

While divorce separates two couples and breaks down a family, other ties hold them together. The parents can always share custody or adhere to other setups agreed to in court. However, that is not always the case with other family members.

Grandparents cannot forget their grandkids whatsoever. In most cases, grandparents want to spend time with their grandkids. More so when they want to help the child. Here is a breakdown of your rights as a grandparent from child custody attorneys Fort Worth TX.

Grandparent’s visitation rights

The Texas law does not prevent the grandparents a chance to visit their grandchildren. However, parents are far more important than the grandparents. A grandparent can still claim their right through legal means. You must first serve both parents or anyone with custody a petition file for visitation rights. The case goes to mediation. If the mediation does not work, the mediator will present the case in court.

A judge presumes that one of the parents does not want the grandparent around the child. However, the grandparents can prove otherwise in court.

The court considers the many reasons to allow the grandparent to see their grandchild. If the parent is proven to be one of the following;

Is incompetent of handling the child’s needs
has been in jail or incarcerated for over three months
Dies
Does not have any ordered visitation with the court

A lawyer, can help you make a strong case. The judge will consider the matter and make a ruling. If the child is 14 and older, they get a chance to voice their opinion. If you have an existing relationship with the child, the court will likely rule in your favor.

When the parents pass on, the judge can grant visitation rights to the grandparents and any other relatives known to the child, particularly siblings and parents. The court first will consider a pre-existing relationship with the family.

In case of an adoption

A grandparent can only claim visitation rights under one circumstance. If a stepparent adopts the child, then they can claim visitation rights. However, if a stranger adopts the child, the grandparents cannot access the child.

If you want custody of your grandchild, you must prove that the parent is unfit and the current environment is harmful to the child. Otherwise, the court rarely grants grandparents child custody.

If you have any pending questions, book an appointment with child custody attorneys Fort Worth TX. We will give you all the advice you need and help you take the necessary steps.

…

March 16, 2021 lexutor

General Article

Florida DUI Penalties & Procedures

The social implications of drinking and driving are not to be taken lightly, this explains why the legal penalties for someone caught driving while intoxicated are severe. In Florida, penalties for DUI (driving under the influence) are different based on whether the offense was committed for the first time, the amount of alcohol found in the blood, and the driver’s willingness to cooperate with the police.

Suspension Of Your License

If you refuse to take an alcohol test, whether it is a breathalyzer, blood, or urine test, the Department of Highway Motor Vehicles (DMV) may impose upon you a suspension of your license for a certain period of time. For a driver who refuses to take the test for the first time, the DMV may suspend his license for six months, while a driver who refuses for the second time and the succeeding instances is deferred of his license for as long as 18 months. If your license has been suspended for the first time because of a refusal to take the test, you can apply for a hardship license or a business purposes license, which expires after 42 days, after 90 days of hard (no driving) suspension. It is during this period that your DUI attorney can gather all evidence to prove that the police lacked probable cause to arrest you for DUI.

If you have taken one of the alcohol tests and your blood alcohol content is more than 0.08, the DMV will suspend your driving license immediately after 10 days during your arrest. This applies to all drunk driving offenders, whether it is their first time to be arrested for DUI or not. License suspension lasts for up to six months. After 30 days or approximately one month of hard suspension, where the driver is prohibited from driving, you can apply for a hardship license or business purposes license to plead the DMV to allow you to drive for business purposes for up to 42 days, provided you show proof that you have attended DUI school during the period of hard suspension.

Alcohol Rehabilitation

Apart from administrative suspensions imposed by the DMV, a person who is convicted of DUI also suffers from statutory penalties that are enforced by the court. A first conviction leads to imprisonment of not more than six months. Imprisonment is not commonly spent in jail, but in an alcohol rehabilitation center or drug abuse treatment facility. A fine of $500 to $1,000 is also levied and a license revocation (separate from the administrative suspension that begins 10 days after the arrest) of six months to one year. If the vehicle is a commercial motor vehicle (CMV) and the driver was tested to have a blood-alcohol-concentration of 0.04, he is disqualified from driving a CMV for one year. Persons convicted of DUI are also required to serve a mandatory 50 hours of community service or pay $10 for each hour of community service. Probation of up to one year is also necessary. For persons who are tested to have BAC of 0.15 or higher and those who committed DUI with a minor inside the vehicle, enhanced penalties are executed.

Second convictions are, understandably, more severely penalized the first convictions. The court requires a person convicted with a second DUI to pay a fine of not less than $1,000 and not more than $2,000. The court may also oblige the convict to serve not more than nine months in an alcohol rehabilitation center or a drug abuse treatment facility. If the second DUI is committed within five years after the first conviction, jail time of not less than 10 days is mandatory, 48 hours of which should be served consecutively. The court also has the power to revoke the offender’s license for a minimum of five years, provided the second conviction took place within five years after the first conviction. A hardship license or business purposes may be given after one year of serving the revocation.

Jail Time

Florida law imposes more severe penalties for persons who have been convicted for the third time. Imprisonment, which is equivalent to time spent in an alcohol rehabilitation center or a drug abuse treatment facility, is up to 12 months. Up to 30 days of mandatory jail time is also required, with 48 consecutive hours in jail mandatory. If the third conviction took place 10 years after the second conviction, a fine of not less than $2,000 or more than $4,000 is levied. License revocation may take up to 10 years and the offender may only start applying for a hardship license or business purposes license two years after serving the suspension.

Ignition Interlock Device

The court has the power to order the installation of an ignition interlock device into the offender’s vehicle …

March 14, 2021 lexutor

General Article

Criminal Law and Public Defenders – Is There Equal Justice?

Not long, ago, someone had contacted me who happened to get into a little trouble in a small town. It was a relatively minor incident, and yet, she felt as if the system was very unjust. She couldn’t afford an attorney, it was just too darned expensive for her. She stated to me that when she said she was going to get a lawyer and come back in 2-weeks, she had no idea it would cost so much.

When she came back to court without a lawyer, she said she was assigned a public defender. The public defender mixed up her case, probably due to being over worked; “The Judge was furious and fired him from the case, She made it law that from now on any one who cannot afford an attorney is allowed only $150 – worth of free council This don’t buy Jack #$%.”

Well, judging by her comments the judge wasn’t the only one who was furious, and her comments on the $150 towards a private attorney are laughable and an understatement. She also stated that the DA is further investigating her and her family, and causing problems with the relationship she has with her neighbors in the community. She told me that;

“The prosecuting attorney actually walks the streets asking who ever if they know anything about so and so.” In her community, there are no secrets, and she said even rumors can get someone in trouble with the law.

The moral of the story here and I suppose her main point is the challenge in America with unequal justice, it’s a real problem. We have different standards, and poor folks are not as likely to get off as easy as wealthy clients who can hire the best representation (lawyers). Everyone knows that’s true, but we still believe our Justice System in the US is the best, and we work to try to make it fair for all, even if it fails us occasionally as a society.

What I’ve found along the way is that those who can afford to pay the expensive lawyers, they get by with things, and those without can’t. We have unequal justice in the US, and I think everyone knows that, there are a different set of rules for rich and poor, all under the cloak of equal justice for all. As long as we don’t try to hide this reality or the debris under the carpet we have a fighting chance of making things right, if not, we will continue to live in hypocrisy, and that’s unfortunate.

Please consider all this – our topic of the day.…

March 11, 2021 lexutor

General Article

The Best Way to Find a Criminal Attorney for Your Case

If you have been arrested, or think you are going to be, you will need a criminal defense attorney to protect your rights by following through the legal steps involved to win your case. It is in your best interest to remain silent and do nothing to further incriminate yourself by exercising your Miranda rights.

Your attorney will meet with you to discuss in detail everything you know about your involvement. During this time you should be totally honest with him and don’t hold back any details because they could be more important than you think. Let your lawyer decide what is and isn’t important to your case. They will know and meet all deadlines for submitting evidence and paperwork, and make sure you understand any actions taken by the court, or other attorneys, so you know what to expect.

There will be an initial hearing where you will be formally charged with the crime, and advised of your rights as a defendant. A “Not Guilty” plea will be entered to give your attorney more time to gather what is needed to properly build your defense. At a later date, there will be a process of discovery where your attorney will make a formal request from the prosecution to produce copies of the evidence against you. This should include a list of witnesses, police reports and statements from any victims that were involved.

During this period your lawyer has time to collect any additional evidence that can prove your innocence. A court reporter will record statements which are called Depositions. Anyone giving a deposition is sworn under oath to be telling the truth, and could be used later in court during your trial.

The defense is allowed to conduct their own investigation in an effort to find additional evidence for your own experts which could prove that you are innocent. Finding additional witnesses, possibly taking more pictures and interviewing any other persons who may have information can help to explain your side of the story.

During pretrial motions the evidence that has been collected will be argued to decide what factors are admissible in court. Some of the evidence may be suppressed if not gathered through the proper procedures, or is otherwise in question. Pretrial is where your attorney makes sure you are protected for your Constitutional rights, and are treated to a fair trial. When evidence is suppressed, it can not be used against you.

At each step in the representation, your attorney will keep you informed of the any developments in handling your case and ensure that you understand what is going on and how it can affect you. If a plea negotiation is in your best interest, he will advise you of what is in your best interest for you to agree. He will work closely with experts, authorities and investigators to make sure all facts are correct and that everything is complete.

A criminal defense attorney is there to represent you during your interrogation, as well as navigate your case through the legal system. If you should be incarcerated, he will work diligently to get you an appeal. It is not unusual for an attorney to work for several years in bring a satisfactory conclusion to your case.…

March 9, 2021 lexutor

General Article

Should You Hire A Criminal Lawyer To Handle Your DUI Case?

A reliable Alameda County DUI lawyer should also be registered as a criminal lawyer in Oakland. He should be familiar with the local authorities, and the prestigious Alameda County courthouse, which is located in Oakland.

When arrested for Drinking Under the Influence, or DUI, the penalties can be rather severe when convicted. The consequences of a second arrest can be even more devastating, altering your life forever. Only through the representation of an experienced Alameda County DUI lawyer will you be able to significant influence your case, and the potential outcome.

How do you select the right Criminal lawyer in Oakland?

To find the best possible legal representation, research the DUI attorneys in your area. Only hire the one who has qualifications, such as:

• Having an extensive background practicing DUI cases.

• Winning many DUI cases, or being able to positively influence the outcome of the sentencing when guilt was proven.

• Being familiar with any equipment used during DUI testing.

• Not coming to any conclusions, until all the facts have been thoroughly investigated – from the beginning to the end.

• Spending plenty of time with clients, even during the initial consultation.

• Charging rates everyone can afford.

• Also being recognized as a topnotch criminal lawyer in Oakland.

The reason why an Alameda County DUI lawyer should also be familiar with all aspects of criminal law is quite obvious. While being caught drinking under the influence is bad enough, you may be facing additional charges when causing an accident in this condition. The charges will rapidly pile up. Your life will be ruined, unless you are represented by an attorney who understands all the aspects of criminal law.…

March 5, 2021 lexutor

General Article

Criminal Trials and Falsified Evidence

Our criminal justice system relies heavily on evidence to prove a person’s guilt or innocence. The burden of proof often is the deciding factor on whether a person is convicted of a crime or is set free. If the evidence shown in a criminal trial is inaccurate, forged, or tampered with, the entire proceeding has been jeopardized and the trial is rendered completely ineffective.

For criminals and prosecutors alike, the temptation for using falsified evidence may exist, but it is unlawful in any case. Criminals may want to present false evidence to show that they were not at the scene of the crime, or to for use as an alibi that will help them escape conviction. Prosecutors may be tempted to use falsified evidence to bolster their case or ensure the conviction of a person whom they are convinced committed the crime. The fact of the matter is, if the evidence does not exist to convict or exonerate, the case must move forward with evidence that is valid for the system to work.

Valid evidence should be authentic, original, and uncontaminated. For this reason, law enforcement officials should practice caution when investigating crime scenes and should rely on experienced forensic investigators to properly collect samples and other vital pieces of evidence from the scene. In the case of fluid samples, contamination can easily occur and damage the overall case for the prosecution, so they must be collected and stored in very secure conditions.

During criminal trials, documents and important paperwork are often submitted as evidence on both sides. Documents that are forged, altered, or otherwise changed to persuade the judge or jury of a point are considered to be falsified evidence. It is illegal to tamper with evidence in a criminal case, and if a document is found to be false, the judge can disallow it to be presented in court.

Incorrect or false statements by witnesses also can be considered to be falsified evidence. Trials often rely on eyewitness or character witness testimony for judgment, and false statements can be very harmful to the overall decision. There are severe penalties for proving false testimony, including perjury charges and other legal action.

Tainted samples or other forensic evidence that has been planted or tampered with may be thrown out of court and can result in a mistrial or dismissal of the case. For this reason, the prosecution and the defense must be careful to present evidence that is unquestionable as far as it’s authenticity and validity. If you would like to know more about falsified evidence and criminal trials, visit the website of the Appleton criminal attorneys of Kohler, Hart & Priebe.…

March 1, 2021 lexutor

General Article

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