This is a professional who can be hired to defend both corporations and individuals. In a legal setting they are referred to as the defendant and have been arrested as a suspect in an unlawful activity. This lawyer may also be referred to as a criminal lawyer or defense attorney/lawyer. They are responsible for representing people in court who have been accused of some form of criminal activity. In court the jury and judge will be the ones who decide if the accused is innocent or guilty. A criminal defense attorney should have a good knowledge about how the court system works and the law. Normally after attending law school they will have many years of working experience. Working as a criminal defense attorney they can be appointed by the court if the accused cannot afford an attorney or the defendant can hire them. A good lawyer can be very expensive. They can charge an hourly fee of three hundred dollars or more plus other fees.
The defendant will meet with the defense attorney to develop the best way to decrease whatever the consequences of
Canada has become one of the most coveted immigration destinations. Let’s get to know why? One of the most important reasons is the streamlined immigration process to this country.
This streamlined process is now called Express Entry which applies to all the provinces in Canada except Quebec. It helps you to apply under the three categories of Canada experience class, Federal Skilled Worker, and Federal Skilled Trades.
Let’s get to know the specific requirements under these categories:
Federal skilled worker: Under this category of Canada immigration, you should have a work experience of 30 hours every week for a period of 1 year in your home country. If you have been working part time, then this experience should be of 15 hours in a week for the period of 2 years.
Any prospective candidate who is looking forward to immigration to Canada should note that he has to show this much experience and any of his unpaid experience won’t be included.
The work experience should also be of the levels, skill level 0, A and B as per the National occupational classification code of this country. All this experience
People who are embarking down the complicated road of property transactions often question whether they will need a real estate attorney to get them to closing. Individuals on the buyer side typically wonder whether they can simply rely on their realtor and avoid the additional cost of a legal expert. Although every state has different requirements, here are four universal reasons why having a lawyer to guide you to the end of your realty deal may ultimately be more cost effective.
1. You Are an Out of Town Buyer
Buying a house when you’re from out of town and unfamiliar with the regulations and local customs in your new city can be overwhelming. Once you find your dream home, a real estate attorney can be essential in negotiating and executing the contract, assisting you in finding the best mortgage, and also helping you to close the mortgage. Errors that occur during the buying process always have the potential to result in the loss of your deposit and could even cause you to incur substantial legal fees if litigation were to result.
2. You Are in a Hurricane, Flood, or Tornado Zone
If you’re located in a hurricane, flood, or tornado zone, you may need
Car accidents can be debilitating events. They are lethal, dangerous, and scarring, and they can derail a person’s ability to work, play, and enjoy life for months, even years. Worst of all, they often come back to haunt people in their dreams, with the blunt trauma of impact playing over and over again on repeat. However, there is a way for people who have suffered from a terrible incident to reclaim damages, even psychological damages. That’s by hiring a car accident lawyer. While this move may not be immediately appealing to some, as it often involves lots of paperwork, in certain cases, the results can be startling. A good legal official will be able to help you reclaim the life that you deserve after a terrible crash. Here are some of the things to look for if you think you might want to hire an attorney.
One of the biggest effects that a crash can have on your finances is in the way of property damage. Autos are expensive; for many Americans, they are the single most expensive purchase of a lifetime. If a vehicle is destroyed or significantly damaged in a wreck, you have every reason to seek recompense
When a motorist refuses to submit to a lawful DWI test, his driving privileges will automatically be suspended in most states. If it is the driver’s first offense, the period of suspension typically lasts between one and six months. If he agrees to a sobriety test and his blood alcohol content (BAC) is over the legal limit of 0.08 percent, he will be arrested on the spot.
Even for a first offense, a driver may face expensive fines and the possibility of jail time. At the very least, his license will be suspended and/or he will have to pay an often hefty fine. Depending on how much alcohol the motorist had in his system, he may also be sentenced to up to one year in jail and/or one year of probation. It is for these reasons that it often makes sense to fight the charges in court.
Challenging a DWI charge may not be easy, but there is hope. If, for example, the arresting officer did not follow proper procedure, it may be possible to get the charges dismissed. Depending on the facts of the case, an experienced defense attorney may utilize any or all of the following legal strategies: challenge
Sometimes even the safest drivers cross the line between legal and illegal driving. While there are a lot of traffic laws that most people agree need to be followed at all times (like stopping at a red light), there are others that are broken by seemingly everyone. When you’re in a hurry, it can be tempting to push the limits of what’s legal, but it’s important to remember that these laws exist for your safety and the safety of others.
Many people seem to take speed limits as “suggestions” and may get frustrated when the car in front of them is actually going the correct speed. When you’re running late, going 30 mph can feel like 10 mph, but you’ll be even later if you get pulled over.
Conversely, driving too slowly can also be dangerous, especially on the highway. Not all states have speed minimums, but if you live in a state that does, it’s important to make sure that you are at least going the minimum, when possible.
2. Rolling through stop signs
Running a stop sign is a terrible idea because it’s extremely dangerous (not to mention illegal). Although most people are aware of that, some consistently roll though stop
The US law strictly prohibits anyone to drive a motor vehicle when he is intoxicated with alcohol. In some states, this violation is called Driving Under the Influence or DUI while in other places, this is known as Driving While Intoxicated or DWI. Drivers who are arrested as DUI or DWI suspects usually hire the services of a certified DWI lawyer. This attorney can defend them in related cases, and also represent them during legal procedures.
A DWI lawyer is, primarily, an attorney with the license to practice law where the suspected offense happened. Just as other legal professionals specialize in cases involving personal injuries or domestic violence, DWI lawyers choose to focus on cases concerning people that have been accused of drunk driving. In general, this means that these lawyers are well versed with the language as well as the application of the DWI laws of the state. They are confident that they can successfully defend their client and win the case.
A county deputy or police officer who is on duty can assess whether or not a driver is too drunk to drive, based on his/her behavior on the street. While the traffic is on a stop, the officer can
It is scientifically proven that any amount of alcohol consumption affects your coordination, mental thought process, and reaction time, which all affect your ability to safely operate a motor vehicle. Many states, including the state of Missouri, have a zero tolerance law that strictly mandates how the police handle certain situations.
What does Zero Tolerance Mean?
A zero tolerance law means that anyone pulled over driving a vehicle whose blood-alcohol level is over the legal limit – in Missouri’s case of .08% – will automatically be charged with a criminal ticket.
This law also severely penalizes anyone under the legal age of 21 caught driving under any percent influence of alcohol or drugs. Anyone under 21 who receives this charge could automatically lose their license and be required to go to traffic school.
The Different Offenses
When charged with this offense, there are several different terms that could be used on your criminal ticket. These are: DWI, which stands for Driving While Intoxicated; DUI, which means Driving Under the Influence; and DUID, which stands for driving under the influence of drugs.
Although each of these charges is fairly similar to the other two, as they all encompass some form of driving illegally while impaired by alcohol
Criminal court cases go through methodical steps to reach a verdict:
1) the case is assigned to a federal or state court based on the type of crime
2) the defendant obtains a lawyer
3) an arraignment or bail hearing takes place where the charges are read and defendant enters a plea of guilty/not-guilty or no-contest
4) preparation for the trial takes place where the defense and prosecution gather evidence
5) the trial takes place where, in the end, a verdict is delivered and
6) an appeal may be pursued if there is a guilty verdict.
There are countless millions of criminal court cases that take place in America every year; and here are three types of criminal court cases that are, unfortunately, far too pervasive.
Domestic Violence Crimes
Domestic violence can include violent acts or violent threats and can escalate very quickly. Domestic violence prevails in every city in every state in America. Women are usually the victims associated with domestic violence, so much so that the Bureau of Justice Statistics states that 1 out of every 4 women in the United States will experience domestic violence in her lifetime. Another disturbing statistic reveals that in 2 out of 3 female homicide
History of The Right To A Trial By Jury
The right to a jury is one of the most common rights next to voting. It is something that is such a normal part of the fabric of our society, and it is a cornerstone of our democracy. Written into the bill of rights, the right to a trial by a jury is a right that allows one to maintain their property, life, and liberty unless a group of their peers decides otherwise using common sense and data provided by lawyers. This right is so powerful, that US citizens are required to do jury duty, which makes the act important and very consequential.
It is often that we see news surrounding a verdict passed down by a jury on a big case that made a national headline. Movies have also been made solely about jury’s. The movie 12 Angry Men, for example, focuses on a jury’s deliberation on a case. We also see juries portrayed on television shows. But how did the notion of a jury and the right to trial by a jury come to pass, that it became such an indelible part of the American way?
According to American Bar, “The American
There is a common myth that your DWI arrest will be reduced to a lesser charge if you refuse to take the breath test or perform the field sobriety tests. This simply isn’t so. In many instances there is additional evidence that the police can rely upon to support a conviction even when you refuse these tests. For starters, the police will have the traffic infraction that they can rely upon for coming into contact with you. Here, they will argue that your manner of driving was so erratic that once could only conclude that you were impaired. Secondly it is very common for police officers to describe their interactions with you in a manner suggesting your impairment. For example, the police will claim they could smell the odor of alcohol on your breath; your eyes are red or glassy; and that your speech was slurred. These observations are independent upon whether or not you took any of the field sobriety tests or the breathalyzer test. Thirdly, should the police officer observe any open containers or drugs in your car that too will be documented and used as evidence to support a conviction even when you do not take any
South Africa, post apartheid, is a country with one of the most progressive Constitutions in the world which gives substance to many second and third generation socio economic rights that would make an avid constitutional law expert weep with joy.
One of the most important provisions is Section 35(5) of the Constitution Act 108 of 1996 which deals with the right to a fair trial and provides inter alia that said right shall include the right to remain silent and to be informed of that right.
Not exactly earth shattering is it? In any democracy that would be the norm however it should be remembered that SA came from a time where, although the common law forbade torture as a means of obtaining evidence,it was established practice to apply a smidge of the third degree in the interests of “justice”
Since 1996 the Constitutional Court, and highest court in the land, has held that any legislation or conduct of a state organ must be held up to the spirit, objectives and values underpinning the Constitution. In doing so the Constitutional court was merely confirming the contents of Section 39(2) of the Constitution and has continued to do so in years since promulgation.
If you have previously been arrested, but you have been acquitted or the judge issued a not guilty, you might think that all is well. It might, but it might not be as some records may still be in your criminal record and can affect your employability. A police record or a criminal record is a list of all the criminal activities that a person committed and submitted by local, state and federal government agency. Depending on where the illegal activities was committed and the responsible agency some past criminal activities as well as acquitted charges will still reflect when a criminal background check is performed.
Why do you get a Request for a Criminal or Police Record
Various agencies and companies ask a copy of one’s criminal record especially employers in the financial or vulnerable sector. Aside from this, one might also require to provide a copy if they intend to purchase firearms or military services. One would also need to provide a copy if they are planning to adopt or foster a child. This would ensure that the child would be safe in the foster home; he or she will be place.
How to Request for a Copy
If you are interested
A criminal record is a sheet that has a person’s criminal records whether local, state or federal. It may include past criminal information of the person as well as pending charges and other information depending on where the person is based. Criminal records are not public records, are therefore – classified as restricted access to the public, and may only be access by certain people or agencies. In the US, request for criminal records or “Certificate of good conduct” is uncommon however if need be, US citizens may obtain one from different government agencies such as their local Police Department and FBI’s Criminal Justice Information Services or FBI – CJIS division.
Why do you need to obtain one?
Request for criminal records depends on the following reason:
a. Employment purposes
b. Entrance to military services
c. Admittance to educational institution
d. Firearm licensing
e. Adoption or for child fostering
f. Registration of votes
g. Immigration purposes
Can it be made available to the Public?
Although criminal records are not open to the public, some information may be made public depending on the specific information needed. Sex crimes, for example are available to the public and some states in the US has their own sex offender registry that one can access online
A DUI charge is also called DWI (driving while intoxicated) in certain states. So if an officer of the law suspects that you have been driving a vehicle while intoxicated, you can be charged with this offence. It is up to you to fight this DUI with a good defense attorney so that the case is dismissed or the sentence is reduced.
How to Beat the Charges
For a DUI, it is essential that the prosecution proves beyond a reasonable doubt that you were driving while being intoxicated. But a number of errors can occur during the process of collecting evidence.
If any of the evidence can be discredited, they will not be allowed to present it during the course of the trial. Without adequate proof, you cannot be charged. So the evidence and charges must be challenged if you want any chance of suppressing them. If they haven’t been challenged, the law officer will not have to prove the evidence so you could be found guilty.
This same theory applies to any kind of traffic violation. If there is no proof, no charges will stick. So if they cannot make anything stick, you will be able to keep your driving privileges and the
If you were recently arrested for a crime, and now you are considering using a public defender as your legal counsel, it is important for you to know what to expect if you choose a court-ordered attorney. Continue reading to learn what a public defender is, what they do, and what to expect when being represented by one.
A public defender is a court-appointed attorney that is paid by the government to represent defendants that are incapable of affording private legal counsel. Generally, they are given to those facing jail time for misdemeanor or felony charges. Although they are fully-qualified lawyers, public defenders often carry a stigma implying otherwise. They have the equivalent training and licenses and extensive courtroom experience that private lawyers do. But this does not mean they should be a first choice for someone facing serious criminal charges.
Accepting a Public Defense Lawyer
After an arrest, a court hearing called an arraignment will be scheduled. This is a defendant’s initial hearing in which their criminal charges will be read to them by a judge, and then they will be asked to plead ‘guilty‘ or ‘not guilty‘ to their charges. For those with private counsel, their attorney will already be