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Tag Archives: criminal defense

Lesser Sentences For Less Serious Offenders

Lesser Sentences For Less Serious Offenders

Crimes are usually categorized as felonies or misdemeanors based on their nature and the maximum punishment that can be imposed. A felony involves serious misconduct that is punishable by death or by imprisonment for more than one year. Most state criminal laws subdivide felonies into different classes with varying degrees of punishment. Crimes that do not amount to felonies are misdemeanors or violations. A misdemeanor is misconduct for which the law prescribes punishment of no more than one year in prison. Lesser offenses, such as traffic and parking infractions, are often called violations and are considered a part of criminal law. Laws passed by Congress or a state must define crimes with certainty. A citizen and the courts must have a clear understanding of a criminal law’s requirements and prohibitions.… […]

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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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When A Traffic Violation Becomes A Felony

When A Traffic Violation Becomes A Felony

Traffic violations are generally divided into two categories: parking violations and moving violations. Moving violations are the more serious of the two, carry stiffer penalties, and occur while the vehicle is in motion. Among moving traffic violations, speeding is the most common. If the driver’s manner of speeding is also posing a threat to the lives of pedestrians or other traffic, he or she might also be charged with reckless endangerment or DUI- driving under the influence. Traffic violations differ from state to state. The list below offers some of the most common infractions and misdemeanors: Parking illegally, e.g. in a red zone, taxi or bus zone, temporary zone, or in a disabled parking spot without a disabled sticker on your vehicle. Running a red light. Making an illegal turn… […]

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Types of Criminal Charges, Contact Your Criminal Defense Attorney To Reduce Your Charges

Types of Criminal Charges, Contact Your Criminal Defense Attorney To Reduce Your Charges

Criminal charges and wrongs are typically classified as infractions, misdemeanors or felonies depending on the severity of the wrong. The more serious the charges, the more serious the punishment usually is as well. Infractions Infractions are violations of law or ordinances that are typically pretty minor, including traffic infractions. An infraction is less serious than a misdemeanor and may not technically be considered a crime, depending on the circumstances. A person who commits an infraction will usually get a ticket or citation – not jail time or other heftier punishments. Many times, an experienced lawyer can help negotiate a reduction of misdemeanor charges to the level of an infraction for first-time offenders in an effort to avoid a criminal record. Misdemeanor Misdemeanors are more serious than infractions, but less serious… […]

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How Lawyer and Attorney Terms are Used

Rarely you will find a profession with so many title variations as lawyer. The titles Attorney, Lawyer, Barrister and Esquire are frequently used, sometimes interchangeably, in the field of law. So what are the differences in titles? A lawyer is someone who is educated in the law. A person who has been educated in the law will always be addressed as a lawyer, even if he does not give legal advice to other people. In fact, a lawyer in the United States is simply anyone who has gone through law school. However, the lawyer who has just completed his education in law school may not be allowed to do certain jobs until they succeed in the bar exam that is conducted in the specific area they may wish to practice.… […]

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Criminal Defense Lawyer in Palm Beach County

Criminal Defense Lawyer in Palm Beach County

When you or someone you know is accused of a crime, especially if there is the possibility that he or she could face prison or jail time, its highly advisable to hire a criminal attorney. While many people feel capable of representing themselves, the benefits of having a criminal attorney on your side far outweigh the cost. Considering the possible penalties of a criminal offense, hiring a criminal attorney is a is a no brainer. Good criminal attorneys know the ins and outs of criminal law. They have the ability to assess a case and determine whether the individual has a chance of beating the accusation based upon years of experience and learning. Selecting the right lawyer for the case can be the hardest part of the whole ordeal. Issues… […]

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Federal Conviction, Criminal Records and Expungement

Federal Conviction, Criminal Records and Expungement

Depending on a state, a job applicant may not have to reveal any or some types of potentially damaging information, such as arrests not resulting in convictions or convictions for minor matters. Some states have procedures to judicially “erase” a criminal record. A criminal defense attorney can help determine whether you may be eligible to get a conviction sealed, expunged or otherwise legally minimized. Criminal records are technically public records, which means that anyone can access them. Public records are those records which are available for public inspection. These records are often offered for free to the public for review at the location where they are stored. In other cases, they may be available for a small fee. Public records are often named according to where they are kept, or… […]

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DUI Convictions, Driving Record and Expungement Procedure

DUI Convictions, Driving Record and Expungement Procedure

If you’re like most people facing DUI charges, you don’t know a lot about the workings of the criminal court system and are unsure what to expect. DUI charges can’t be taken lightly. Many states have imposed mandatory jail time for even first-time offenders, and the additional costs and penalties associated with a DUI conviction can be serious as well: probation, mandatory drug and alcohol counseling, installation of an ignition interlock device on your car, expensive high-risk insurance requirements and much more. To learn more about the possible penalties for a DUI in your state and how you may be able to protect yourself, talk to a local DUI lawyer. DUI Convictions A driving under the influence (DUI) conviction can have long-term significant impacts on a person’s life. Everything from… […]

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Your Legal Rights: Remain Silent and Have An Attorney Present

Your Legal Rights: Remain Silent and Have An Attorney Present

Investigatory and Accusatory Police Procedure The U.S. Constitution, the Federal Rules and the federal court system’s interpretations of both provide guidance and procedural canons that law enforcement must follow. Failure to follow such procedure may result in the suppression of evidence or the release of an arrested suspect. Substantive due process requires police to make criminal defendants aware of their rights prior to the defendant making any statements if the government intends to use those statements as evidence against the defendant. For example, law enforcement must ensure that the defendant understands the right to remain silent and the right to have an attorney present, as the Fifth and Sixth Amendments respectively provide. The defendant must knowingly, intelligently, and voluntarily waive those rights in order for the government to use any… […]

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Facing a Criminal Charge

Facing a Criminal Charge

A criminal charge is a formal accusation made by a governmental authority asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including: complaint information indictment The charging document is what generally starts a criminal case in court, but the procedure by which somebody is charged with a crime, and what happens when somebody has been charged, varies from country to country. Any person who is facing a criminal charge, no matter how minor, will benefit from consulting a competent criminal defense lawyer. Even if the lawyer is not retained to provide representation in court, a consultation will help a criminal defendant understand the nature of the charges filed, available defenses, what plea bargains are likely to… […]

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