Archive for the ‘Criminal Lawyer’ Category

posted by Law Help on Oct 23

The dogs have been let loose recently. Numerous people have been charged generally involving small amounts of cannabis and MDMA (ecstasy) as a result of over active Labradors at pubs, parties and big days out. A client who recently contacted me was apprehended walking to a dance party in the Botanical Gardens. She had in her possession, 1 joint and 1 pill. The dogs detected her and she foolishly threw away a cigarette pack containing the joint in sight of the police. As the detective was taking her 1 pill and issuing her with a court attendance notice, he blithely noted that he hoped a friend could give her a pill inside the party. Such is the hypocritical operation of drug laws in New South Wales.

What are your rights when a member of the canine constabulary shows you particular attention? The police have no power at common law to search someone prior to arrest. If you are arrested, the police can and will search you and ask you to empty your pockets and go through your clothing. Most minor drug offences are not situations where arrest would normally be appropriate.

Legislation gives the police power to ‘stop search and detain’ if they form a reasonable suspicion that you have committed a drug possession offence. A ‘reasonable suspicion’ involves less than a belief but more than a possibility. There must be some factual basis for the suspicion; reasonable suspicion is not arbitrary.

For minor drug offences the issue is what is a reasonable suspicion and how do the police get their hands lawfully into your pockets. Drug detector dogs are a relatively recent phenomenon on the streets of Sydney and for the police a very useful investigatory tool. A recent Supreme Court decision noted Rocky’s (the drug detector dog) ‘nostrils will flare and he will start to sniff rapidly and he will follow the source of the scent until he has found it.’

To what extent can the police rely on an agitated Labrador trained in drug detection to justify a search? The matter was considered by the supreme Court of NSW in 2004 in Darby’s case. The Supreme Court cast doubt on the legitimacy of the use of police dogs to routinely justify searches. The court also pointed out that having an agitated Labrador jump all over you could constitute an assault and an illegal search. The court nevertheless did not state that drug dogs cannot assist a police officer in forming a reasonable belief that an offence has been committed.

On 22 February 2002, the NSW Parliament enacted the Police Power (Drug Detection Dogs) Act (The Drug Dog Act). The Drug Dog Act continues to allow police to use drug dogs to search an individual once they have formed a reasonable suspicion that an offence has been committed. The Act also gives police wide powers to enter venues and screen persons for drugs with the aid of drug dogs.

The Act provides the police with the power to enter premises and undertake ‘general drug detection’. The police may enter without a warrant any licensed premises, a sporting event, concert or artistic performance, dance part, parade and public transport facilities with a drug detector dog. The definition includes persons seeking to enter or leave any of the above. Accordingly on the train, at the pub and at the footy, the police can put the dogs over you while you are entering and leaving. Any drug detection work conducted by the police outside of this very wide definition requires a warrant.

The issue of what will form a reasonable suspicion is still left to the courts and the Drug Dog Act does not empower the police to arbitrarily search persons. The Act gets the police into venues and gives them the opportunity to screen people. The reaction of a drug dog alone likely does not amount to a reasonable suspicion. The police are told not to rely solely on the reaction of the drug detection dog and observe very closely the reaction of the person subject to screening. If a person bolts, starts walking the other way or discards a cigarette package when detection dog’s nostrils flare in their direction this can empower a police officer to search and detain the individual.

A word of warning! You have rights and the law does provide you with some protection but you should not argue with police. It is an offence to tell a police officer to get f…ked, hinder a police officer and assault a police officer. Police routinely arrest persons for these offences. Be cooperative, do not say anything other than your name and your address and get legal advice if you are charged. There is a time and a place to challenge the police and this is at court with your lawyer. The courts will exclude evidence illegally obtained and the prosecution will fail as a result.

Most importantly stay calm. What will give you away is your behaviour. It is likely that you are not the only person at the big day out who has the smell of cannabis on their clothing. The police will generally not search and detain someone unless they give them some real reason to do so. Do not make it hard on yourself, so stay calm if and when approached and ask are you being arrested; if yes call us!

By: Frank Egan – LAC Lawyers

About the Author:

Frank Egan is the Chief Executive Officer of LAC Criminal Lawyers Sydney and has over 27 years of experience as a lawyer.

posted by Law Help on Oct 19

Having been charged with a criminal offense, the best chance of maintaining the social reputation and finances of the accused as intact is to hire a criminal lawyer. He/she can guide you through every step of the case. A criminal charge can be a life-changing event and can result in heavy fines, probation, community service, suspension of one’s driver’s license, and prison or jail sentence for the accused. Additionally having a criminal record can mar an individual’s chances of obtaining housing, finance, and employment. This is why an aggressive and skilled criminal lawyer is a must have in this kind of situation.

It is advisable that one must hire an attorney the moment the very first investigation takes place regarding some sort of criminal case.

 

Some of the practice areas that good criminal lawyers deal with are:

* Criminal Defense

* DUI Defense

* Internet crimes

* Sex crimes

* Drug and weapons charges

* Robbery

* Burglary

* Assault and Battery

* Murder

* Felony

* Homicide

* Theft

 

How can a criminal defense attorney help your case? He or she can:

1. Negotiate deals with the prosecution, including bargaining for reduced charges or reduction in sentences.

2. Customize the sentence to the defendant’s lifestyle and coping ability

3. Help the accused deal with fear, loss of self-esteem, and other related feelings that are bound to result in such a case

4. Evaluate the case in an objective manner and advise about the consequences in case the issue goes to trial.

5. Advise their client on whether or not to accept the ‘plea bargain’

6. Make the accused familiar with both State and Federal legislation.

7. Explain the costs of fighting the case including all the hidden ones which may not be obvious

8. Spend time understanding and researching your case

9. Gather proofs and question witnesses and use these testimonies to strengthen a case

10. Hire investigators or experts who will be able to poke holes in the witness testimonials made by the prosecution.

 

 

Every State has different state laws concerning criminal offenses and these keep changing constantly. I In order to have the best chance of winning the case, it is mandatory to consult a criminal lawyer who is familiar with all the State laws pertaining to criminal offenses in the State of Illinois.

 

While selecting the right criminal lawyer for your case, one must consider the following points.

 

1. What is the related work experience and practice area of the attorney?

2. For how long has he/she been practicing law?

3. How long has the law firm been in business?

4. What have been their most typical cases like?

5. Have they ever handled a similar case and was the outcome favorable for the defendant?

By: Linda49818a

About the Author:

In case you need more clarification on your case or are concerned with how to proceed if charged with a criminal offense Chicago based attorneys Michael Norris and John Callahan offer representation and guidance to clients in various criminal law related cases. To contact Michael Norris and John Callahan, visit http://www.chicagocriminallaw.com/

posted by Law Help on Sep 22

If you were to be accused of a crime, such as robbing a bank, causing harm to another person intentionally, or even murder, you would need a criminal lawyer to represent you. Your goal is to prove that you are innocent and not guilty of the crime. Being guilty of the crime translates into prison time, which is something that no one wants to have to do, especially if they are innocent. If you are innocent, you want a great criminal lawyer to prove that innocence. Even the guilty will seek out a great criminal lawyer to prove that they’re innocent, even when they are not.

The role of the defendant

When accused of a crime, it is up to the defendant to find a good criminal lawyer. This can cost quite a bit of money. In the case that an individual can’t afford a lawyer, he or she will be appointed one by the court. This means that the defendant has no choice as to who their lawyer is. This can be a good thing or a bad thing depending on the lawyer. Being that the lawyer is a court appointed attorney, that could be bad because this attorney is paid for by tax money and not by the defendant.

But when you can afford your own criminal lawyer, you have to interview them. Evaluate them. They will do the same with you because they don’t want to take on a case that they will lose. If they think that there is the slightest chance that they will win, they will take the case. There is also the fact that they will get paid by you regardless and this can be a very hefty bill in the end. The longer the trial, the more money the lawyer gets paid.

The criminal lawyer

You’ve probably already figured out what a criminal lawyer is. The criminal lawyer is someone who specializes in criminal trials. They are not someone who takes care of tax law or represents corporations when people decide to sue them. This is something that is completely different. You will not see a tax attorney representing someone who has been accused of murder. And unless they specialize in it too, you won’t find a criminal lawyer involved in tax law.

The criminal lawyer will stand by a defendant in a case and take all of the evidence they have gathered to prove innocence and convince a jury that their client is innocent. To get this evidence they will sometimes have to hire a private investigator to make sure that they have everything they need to prove innocence. They will also do some investigating of their own, especially if something sounds rather fishy about the case. They will do what they can to find the discrepancies that will prove their client’s innocence.

Success

Many criminal lawyers find success and many don’t. It depends on if the prosecutor has enough evidence to really convict or if the defendant changes their plea. Defendants are supposed to be 100% up front with their lawyers and their lawyer will do what they can to ensure freedom for their client. But when the defendant is not 100% honest, this could result in the case being lost anyway.

So now you know the important role of the criminal lawyer. Without them, many individuals would not receive the proper representation. Without proper representation, many individuals would be committed to a prison cell for crimes that they did not do. Fortunately, however, this is not the case and people are getting the representation that they need so that their innocence may be proven and they can go on with their life.

By: A Nutt

About the Author:

Criminal Lawyers in Fort Lauderdale specializing in white collar crime, sex crimes, domestic violence, drug crimes and motor automobile related crimes.

posted by Law Help on Sep 13

Miami is a beautiful place located in South Florida. A common belief, here people are happy with their lives. When a person is victim to any legal issue, he/she has to file a case in court of law. Living a happy life in society is always difficult. Legal issues of should be solved officially. People who wish to solve legal issues should take help of a Miami Lawyer.

People living in Miami face problems like criminal charges, injuries from accidents, arrested because of DUI, and many other things. Such problems should be solved in court, with help of a good Miami Lawyer. South Florida is famous for Miami lawyers. Lawyers of this area are efficient, they can solve problems of people effectively whether in court, or through out of court settlements. When a person is involved in any legal case, that person should take assistance of a Miami Lawyer.

Depending on the type of offense, an individual should select Miami Lawyer. Some of the common areas in which legal issues arise, are: Personal injury, immigration law, criminal cases, and workers compensation. A Miami personal injury lawyer will fight aggressively for the injured person. He/she will help that person to get compensation from the aggressor.

Miami personal injury lawyers will help people in medical malpractice injuries, motorcycle accidents, boat accidents, bus, and train accidents, etc. A criminal case Miami Lawyer will assist people in defending against any criminal charges imposed on them. A Criminal lawyer will help people solve problems related to DUI’s, weapons charges, drug offenses and other cases that are identified as criminal in nature.

An Immigration Lawyer can assist people in solving cases related to immigration rights. Such lawyers help people file petitions and applications in court, to get visas and passports or green cards for permanent residence. Workers compensation is related to your workplace. When people don’t get compensated for their work, they can file a case in court. A Miami worker compensation lawyer will handle their case and help them get their pay. People, who wish to take help of a Miami Lawyer, should search in the internet or any other yellow pages directory.

By: Jenith Dsouza

About the Author:

The author is the professional writer and presently writing about legal topics basically Miami lawyer or Miami attorney along with their significance and online presence.

posted by Law Help on Sep 7

If the employer routinely performs background checks on employees, the conviction will show up in a search. This may result in the rejection from the job. Thus, it’s crucial to hire a criminal attorney even if one is charged with a minor offense. It’s essential to remember that arrest is not conviction. The Minneapolis criminal attorney is well versed in his job and can immensely help you understand the nature of the charges filed against you, your available defenses, what plea bargains are likely to be offered, and what is likely to happen in the event of conviction. The arrest can be intimidating and your future and freedom is the utmost priority.

If the charges are major then it becomes all the more necessary to take the help of Criminal Lawyers. You require a tough, reputed and dependable criminal lawyer who can successfully handle your case and win your case or even negotiate a plea bargain. Hiring a tough, reputed and dependable Minneapolis Criminal Lawyer who is able to handle the case with confidence can create a huge impact. Even when evidence seems overwhelming, the lawyer negotiates a highly favorable result.

There are large numbers of people who get arrested for the charges of DUI (driving under the influence of alcohol or drugs). This number also includes many of those who are arrested for the first time and have a clean criminal record. They become anxious and some of them become even scared as they are likely to face penalties and consequences which include fines, loss of license, vehicular immobilization, and increase rate of insurance fees, community service, and even jail time.

With the complexity and unique nature of DUI Laws, it would be hard to represent one’s self even with a minor offense. Therefore, it’s best to hire an expert Minneapolis DUI Lawyer to seek legal advice. The lawyers clearly and transparently explain the trial process and also develop a winning defense strategy for your case. They also know the criminal justice system inside and out and will work very tirelessly to deliver a result that is fair and just. Don’t gamble with your future and utilize the skills and experience of criminal lawyers.

By: Naveen kumar sharma

About the Author:

For more information about Minneapolis DUI Lawyer Please visit : http://www.kanslaw.com/

posted by Law Help on Aug 31

If you’ve been falsely accused of a crime, it’s likely you don’t think any price is too high to pay for your freedom. But, when money does matter, it’s important not to sacrifice the quality of your criminal attorney just to meet a budget.

If you are truly innocent, it’s very likely a good criminal attorney can get you off. Going for a discount rate wouldn’t be wise, but there are ways to keep costs at a minimum or even recoup them after a win in court. As long as you insist on finding a criminal attorney that displays some basic, but very important, traits, you should be okay with your hire even if his or her rates are less than others.

Should money be an issue in hiring a criminal attorney, consider these things:

Stay clear of the ‘best of the best’ if you can’t afford them. Instead, settle for a criminal attorney that displays the traits of a good criminal defense lawyer. This means someone with years of experience in the law, a person who has perhaps also been a prosecutor and maybe even someone with a minimal (but existent) track record in trial courts. Newer criminal attorneys are likely to cost less, but that doesn’t mean they’ll be awful. Trial experience and former prosecution work are vital traits in that they ensure the criminal attorney you’re thinking of hiring knows his or her way around a criminal case. Consider going with the attorney provided you by the courts if: that attorney has a good track record, shows a genuine concern about you and your case, really seems to believe your side of the story. If these three things are not present, you might want to try and hire a criminal attorney on your own if it’s at all possible. Public defenders can be fantastic lawyers, but that doesn’t mean all of them are – just like private criminal attorneys. Find a lawyer with a good background who is willing to wait on payments until the case’s outcome is decided or is at least willing to work with you. Some lawyers will work on a retainer that’s fair and wait to recover costs for false arrest at a later date. Plan to recover costs if you clearly are not guilty of the crime you’ve been accused of.

As you look for a criminal lawyer, remember there are certain traits to look for. You want a criminal lawyer who:

Has experience in the field. Understands how the prosecution works. Is versed in trial law, as well. Is open with the lines of communication and clearly listens to you and your input on the case. Treats you like a person and not a ‘criminal.’ Keeps you apprised of the case as it progresses. Fights for your side without prejudice.

Finding a good criminal lawyer can be a costly venture, but there are ways to keep it more affordable without sacrificing quality. If you make sure experience and communication are present with your criminal lawyer, you should be okay even if you haven’t been able to hire the ‘best of the best.’

By: Tom Sample

About the Author:

More information on criminal attorneys
criminal attorneys
http://www.criminalattorneysnews.com

posted by Law Help on Aug 27

Orange County Lawyers are the persons who are licensed to practice law with the area jurisdiction. The kinds of legal services offered Orange county law firms might vary, with many attorneys selecting to focus his or her practice on a particular portion of law. Still, there are some basic works that assist to define attorneys regardless of which types of law practice they choose to embrace. Here are a few of the actions that all Orange County attorneys use in their practice of law.

One of the chief responsibilities of an Orange County attorney is to act as the advocate for his/her client. This further includes offering legal counsel that would help serve the best interests of any person or unit that engages lawful services. Simultaneously, the goal of any Orange County attorney is to present the case of client to the legal system in a way, which the greatest likely resolution available under the law is reached. This twin purpose is most excellent served by an Orange County attorney who gets full disclosure from the client, and couples that with strong working skills of the law. When these two fundamentals are mixed, the options for equity and justice to emerge are very much enhanced.

The attorney is generally known as to excel in a given area of the law. For example, an attorney might select to concentrate on criminal law and become Orange county criminal lawyer, while another attorney might selects to build a practice around family law. These degrees of area assist to make it easy for clients to find the lawyers who have a got the best knowledge, which would prove helpful with a given set of circumstances. While countries like as the United States tend to categorize all practitioners of law under the title of attorney, some countries have grown a tradition of generating titles, which assist to identify the area of expertise.

To summarize, the work of the Orange County Lawyer could be summed up as ensuring that any and all transactions, whether personal or business associated, are held in a manner that is in full agreement with the laws of the land, and as well could be measured proper and binding. All the while, the attorney works to make sure that the most excellent interests of the client, and the letter and intention of the law, are experiential and respected.

By: Ron Victor

About the Author:

Ron Victor is an Expert author for Orange county criminal lawyer. He written many articles like Los Angeles County criminal law attorney, murder attorney, Riverside criminal defense attonrey, three strikes attorney, burglary attorney and forgery attorney. For more information visit our site.contact him at ron.seocopywriter@gmail.com

posted by Law Help on Aug 20

If a person receives probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. A probationary period is a period of extreme risk! If a person violates his probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violator. After ten business days a person has the right to a hearing.

A person who is facing a probation violation hearing should retain a Rhode Island Criminal law attorney or if eligible should Contact the Rhode Island Office of the Public Defender. If a person is eligible they will receive a free attorney from the Public Defender.

At the probation violation hearing, the prosecutor must only convince the judge so that the judge is “reasonably satisfied” that the person violated the probation by committing the new offense. Also the person will be prosecuted for the new offense as a separate charge from violating the probation. There is a good chance that if a person is violated for his probation that the probation which was originally not a conviction will now ripen into a conviction. At the violation hearing the prosecutor has all of the leverage and power to coerce a plea because it is very easy to prove a probation violation and the prosecutor can threaten additional jail time as a result of the probation violation.

A probationary period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble! A person must be even more vigilant if there is a no contact order, order protection from Abuse from The Rhode island Family Court or restraining order in effect. A violation of a no contact order or a restraining order is a violation of probation.

A person with a suspended or stayed sentence faces the most potential risk regarding violation of probation in RI. As a result of a probation violation, A person with a suspended sentence could be ordered to serve the remainder of the suspended sentence at the adult correctional institution (ACI)

For Example, a person with a probation sentence may get themselves deeper into trouble when they resume communications and contact with their wife or girlfriend despite the fact that a no contact order is in effect. If there is an argument or allegations of domestic assault or abuse, the police may arrest the person and hold him/her at the aci as a probation violator as well as new charges for domestic assault and violation of a no contact order or restraining order.

A person can also be violated for his probation for various infractions that may not be criminal acts but that violate the conditions of probation such as not keeping probation informed of new addresses, leaving the state without permission, not paying court costs or restitution, not properly reporting to the probation officer, etc. These infractions are typically considered technical violations of probation. When a person is under probation in Rhode Island he or she is essentially is in a contract with the state to keep the peace, be of good behavior and comply with the conditions and rules of probation.

By: david slepkow

About the Author:

David Slepkow is a Rhode Island criminal law, dui / dwi, breathalyzer refusal, divorce, personal injury, automobile accident & family law lawyer. David also Practices in the following areas of law: child custody / support and visitation, premises liability, slip and fall, out of state family law matters, evictions, and superior court litigation.

Slepkow Slepkow & Associates, Inc. is well known in Rhode Island for real estate law, residential and commercial closings, business law, personal injury, zoning, wills / trusts and estate planning and Elder Law.

Slepkow Slepkow & Associates, Inc was established in 1932. David Slepkow offers free initial consultations and accepts all major credit cards. http://www.slepkowlaw.com Also please see: Rhode Island Criminal DUI Attorneys.

Please visit our firm’s website: www.slepkowlaw.com

For a list of artices written by Rhode Island Attorney David Slepkow, please visit http://www.slepkowlaw.com/ri-law.htm

posted by Law Help on Aug 15

Creating a business entity only protects a business and shareholders from civil liability. Civil liability arises from a body of state and federal law that allows for compensation for alleged wrongs. These wrongs can arise in the form of negligence, contractual breach and so on. If an entity is found civilly liable, it must pay compensation, but no jail time is involved.

Neither a corporation, limited liability company nor any other entity will protect anyone from criminal liability. Claims to the contrary published on various web sites are simply wrong. A person forming a corporation to front for a ponzi scheme or scam to defraud consumers is going to receive no protection from criminal prosecution. If you have any doubts on this issue, simply consider the recent criminal convictions of the Tyco and Enron executives.

Standing Apart

Both corporations and limited liability companies are considered to “stand apart” from their investors for legal purposes. In essence, both entities are considered to be “persons” under the law. This legal fiction is, of course, what gives rise to the asset protection element of both entities. Unfortunately, many small businesses don’t understand this distinction and lose the asset protection when the most need it.

To maintain the asset protection benefits of a business entity, you must treat it as an independent party. For instance, you do not “own” a corporation. Such statements can come back to haunt you when a plaintiff’s attorney presents them in court while arguing the entity is a sham. To avoid this problem, you can simply say you are the President of the business entity or whatever position you hold.

In Closing

Forming a business entity is a necessary step for most small businesses. Once the entity is formed, make sure you follow the necessary formal procedures to maintain asset protection.

By: SD Lawyer

About the Author:

For More Article Visit :: http://www.thearticleinsiders.com/

posted by Law Help on Aug 12

What should be the course of action of someone accused of a  criminal case like possession of explosives, aggravated assault, residential burglary, carjacking and vehicular hijacking, drug crimes, drunk driving, forgery, identity theft, murder, manslaughter, probation violations, unfair and deceptive acts, and unlawful use of credit cards. People generally keep wondering over the very requirement of a criminal attorney only. And even if they somehow get convinced about the need of an attorney, confusion still prevails in the minds of most of them about which  lawyer should be hired to represent their case in the best possible way.

If one gets involved in any of the above-mentioned offenses either knowingly or by any mischance, a criminal lawyer must be consulted at the earliest to avoid any future complications. .

Everyone accused in any legal case always wants his or her case to be presented properly so that a positive hearing follows. And charges of murder are the most complex ones. Such cases even prove to be quite challenging for the experienced attorneys even. And the situation is worsened further if the accused is not actually guilty of the charges levied upon him/her. He or she may be rather entrapped in a false charge.

A Criminal attorney therefore strives really hard to prepare the case after extensive research. For even the minimum sentence for a murder case is 20 years. Moreover, cases involving false murder charges enhance the need for a good criminal defense attorney further. These attorneys are expert enough to guide their clients even if the latter have been wrongfully forced to confess the charge of a murder that he/she has not even committed.

A criminal attorney knows much better means of presenting complicated cases of murder. Although every criminal defense lawyer in Illinois claims to be the best only a few of them are certified to handle murder trials, involving death penalties.

There are a number of murder charges that a certified criminal attorney in Illinois can handle for his/her clients. There are different types of murder charges:

*  First Degree Murder

*  Second Degree Homicide

*  Third Degree Homicide

*  Manslaughter

*  Felony Murder

*  Assisting self-murder

*  Commercial exploitation of self-murder

*  Cases of DUI leading to killing a person and many more.

Finding A Lawyer

There are many ways to find good lawyers in the United States. Online search is the best of all. One may come across several lawyers over the internet which may get a little confusing. But, to make this search precise, one may sort this list as per the area of specialization of the lawyers. The next step would be to hold a personal meeting with the shortlisted attorneys. This is essential for it can only help the victim to adjudge the lawyer the former feels comfortable with. This procedure will also help the victim to know if the lawyer under consideration has ever handled a similar case in the past or not. Hiring a criminal attorney is thus the first step towards self-defense.

By: Linda49818a

About the Author:

A criminal attorney represents people in numerous cases like murder, forgery, and other unlawful activities. To know more about criminal law, and to seek legal assistance visit http://www.chicagocriminallaw.com/