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Category Archives: Constitutional Rights

Criminal Procedures Begin With Booking

Criminal procedure involves a set of rules through which a government enforces criminal laws. In the United States, the federal government, states, and municipalities each have respective criminal codes regarding what does and does not constitute a crime. The overall criminal procedure process includes booking, arraignment, bail, a preliminary hearing, a trial, sentencing, punishment, and appeal. When someone is arrested and taken to jail, their primary thought is how they can get out. Several things must happen before the authorities release an individual from jail. The authorities must first book a person into the system, and then the person must go through a bail hearing to determine how much they must pay to go free. What Is Booking Booking records provide information about the people who are brought to jail.… […]

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Protect Your Rights With A Criminal Defense Attorney By Your Side

Criminal law is a branch of law that concerns crimes that are committed against the public authority. Three broad types of crimes appear in the criminal code: misdemeanors, felonies, and treason. Treason is of particular concern because it not only violates the public interest, but also threatens national security and the welfare of the nation itself, which is why treason is accompanied with such severe penalties. Misdemeanors are relatively minor crimes, while felonies are more serious crimes which may accompanied with severe mandatory sentences. Criminal justice is the application or study of laws regarding criminal behavior. Those who study criminal justice include the police, those working in a judiciary capacity, and lawyers who either defend or prosecute those accused of a crime. It is important that the criminal justice system… […]

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Lying In Traffic Violations When Stopped By Police

Cop ‘Upset’ By Speeding Woman’s Dying Dad Lie, Arrests Her A New Hampshire cop was so miffed when he discovered an “emotional” woman had lied to him about speeding in her car to get to her dying father that he later went to the woman’s house and arrested her for driving with a suspended registration. “I’m pretty used to people trying to bend the truth to get out of speeding citations, but this woman preyed on my emotions as a human being,” Christopher J. Cummings, the state trooper who made the arrest, told ABC News today. “She told me her father had stage four cancer, that he was breathing only six breaths a minute, and that she was trying to make it to the hospital before he passed,” Cummings said.… […]

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Guilty Verdict And No Contest In Criminal Law Cases

Guilty Verdict And No Contest In Criminal Law Cases

In criminal law, guilt is the state of being responsible for the commission of an offense. Being “guilty” of a criminal offense means that one has committed a violation of criminal law or performed all the elements of the offense set out by a criminal statute. Guilty Verdict Guilty verdict refers to a jury’s finding that the defendant is guilty of the offense charged. Within the United States, in order for a defendant to be found guilty, a jury must find him or her guilty beyond a reasonable doubt. Things that may contribute to a guilty verdict include: the amount of evidence presented by the prosecution; the quality of the evidence presented by the prosecution; the experience and believability of the prosecutor trying the case; the defense presented, or lack… […]

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Illegal Search and Seizure in Drug Cases

Illegal Search and Seizure in Drug Cases

A deputy responded to a store in the 100 block of North Federal Highway to investigate a reported disturbance. When he asked a woman involved in the incident for identification, she opened her purse to get her license. In plain site was an open pill bottle containing crack cocaine and two white pills, which were identified as Percocet. She was arrested and taken to the county jail. Source Law enforcement officers are entrusted with the power to conduct investigations, make arrests, perform searches and seizures of persons and their belongings, and occasionally use lethal force in the line of duty. But this power must be exercised within the boundaries of the law, and when police officers exceed those boundaries they jeopardize the admissibility of any evidence collected for prosecution. By… […]

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Wrongly Convicted of A Crime, What You Should Know About Appeals

Wrongly Convicted of A Crime, What You Should Know About Appeals

Anyone convicted of a crime has the right to appeal that conviction if they believe a legal error has occurred. If you have been convicted of a crime and plan to appeal, you are no longer known as the defendant, you are now the appellant in the case. In criminal cases, an appeal asks a higher court to look at the record of the trial proceedings to determine if a legal error occurred that may have affected the outcome of the trial or the sentence imposed by the judge. A defendant that is appealing a verdict has the same rights as he or she had in the lower court. This includes the right to be represented by an attorney appointed at the public’s expense, if the defendant cannot afford one.… […]

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Criminal Defense Attorney Services and Strategies

Criminal Defense Attorney Services and Strategies

A criminal lawyer may either represent a person who has been accused of a crime or the government in prosecuting the accused. In a typical criminal case, a defense lawyer represents the defendant while an opposing attorney, called a prosecutor, stands in for the government. A criminal law lawyer who practices defense law can specialize in a few practice areas from defending a person against a speeding ticket charge to advocating for an alleged criminal during a murder trial. Although an individual has the right to represent himself or herself during criminal trial proceedings, the consequences of having poor legal representation can be severe. Misdemeanors, which are lesser crimes, might only entail a fine or a brief jail sentence, but felonies, which are more serious crimes, can lead to long… […]

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DUI Related Crimes, Florida DUI Laws and Penalties

DUI Related Crimes, Florida DUI Laws and Penalties

Driving under the influence (DUI) is defined as operating a motor vehicle while impaired with a blood alcohol level (BAC) of .08 or higher, a chemical substance, or a controlled substance (316.193, F.S.). A DUI will remain on your driving record for 75 years. DUI 1st Offense 1st DUI – 180 days to a 1-year revocation effective on conviction date. Or, first offense DUI with Serious Injury – at least a 3-year revocation. Before expiration of the revocation period, you may apply for a hardship license in the county where you live. DUI School completion and treatment, if referred, is required. You then can apply for a hardship license in any Administrative Reviews Office If you wait to reinstate your license until your revocation period ends, proof of enrollment or… […]

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When A Criminal Case Goes To Trial

When A Criminal Case Goes To Trial

A plea bargain is an agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. This may mean that the defendant will plead guilty to a less serious charge, or to one of several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence. A plea bargain allows both parties to avoid a lengthy criminal trial and may allow criminal defendants to avoid the risk of conviction at trial on a more serious charge. For example, a criminal defendant charged with a felony theft charge, the conviction of which would… […]

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Florida Assault And Battery Charges Explained

Florida Assault And Battery Charges Explained

A second man has been arrested for an alleged attack on a man in March at the Rib Roundup concert in suburban West Palm Beach. Daniel Cavanagh, 26, of Jupiter, was arrested late Wednesday on a charge of felony battery for his alleged role in a March 9 attack that left a Cruzan Amphitheatre security employee with permanent facial disfigurement. He was released from the Palm Beach County Jail Thursday on $10,000 bond. Cory Tharpe, 25, was arrested the night of the alleged incident. Tharpe, who was later released on bail, is also facing a battery charge. According to a Palm Beach County Sheriff’s Office arrest report, a Cruzan security employee was trying to break up a fight and pull Tharpe off a coworker when Cavanagh intervened. Source Assault And… […]

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