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Criminal Law Client to Attorney Matching Service
Legal Services
What is Criminal Law?
Criminal law deals exclusively with the crimes and punishments of people. A crime is any act or behavior that society has decided should be punished by imprisonment, fine or both. The rules for criminal law vary depending on whether the charge is a felony or misdemeanor, and whether the case is held in state or federal court.
Felonies and Misdemeanors
Most crimes are divided into two main categories: felonies and misdemeanors. How crimes are classified varies from state to state based on the will of the people and their elected representatives. Generally Felonies are crimes that are punished by more than one year in prison and usually are the more serious of the two. Misdemeanors are crimes where the person faces less than one year in prison and are usually less serious crimes.
Federal vs. State Prosecution
The rules change depending on whether the crime is charged in State or Federal Court. Most criminal matters are dealt with in state courts unless The crime occurred on federal property, Federal employee committed the crime, The criminal activity affects interstate commerce, such as drug trafficking
Criminal Law Proceedings
Although the rules often vary, most criminal proceedings follow these general steps
Stop/investigation - for the police to stop or investigate you they must have a reasonable belief that you violated the law
Search - if a police officer believes that evidence is needed to further the investigation they must get a search warrant. To get a search warrant the officer must provide the issuing judge with probable cause, which usually means that there is enough facts to support the assumption that there is sufficient evidence present at the scene where they are going to search. A police officer does not need a warrant if there are exigent circumstances, which means there is an extreme need for personal or public safety to search the premises
Interrogation - a person can be questioned as long as their constitutional rights are protected
Arrest - the police must have probable cause to arrest an individual, unless the crime was committed in the officer's presence. The person must be afforded the constitutional right to obtain an attorney and to remain silent until speaking with that attorney.
Charge/release/bail - the police have a very short time after arrest in which to charge or release you. If the police decide to charge you, a complaint or indictment will be filed and at an arraignment you will hear the charges against you. At this point you have the option to enter a plea of guilty, not guilty or no contest. In some cases a preliminary hearing may also be held. There may also be settlement conferences set to try to reach a plea bargain.
Trial - the constitution guarantees the right to a trial by jury. The jury will make a finding of guilty, not guilty or acquittal.
Sentencing Hearing - The Court will determined the length and type of punishment you will receive.
What can you do if you are Accused of a Crime? If you are accused of a crime, you should speak to a lawyer immediately to learn more about your rights, your defenses and the complicated legal system.
Victims of a Crime
If you are a victim of a crime, you should call the police. If there is sufficient evidence, the police will then forward your case to the District Attorney's office to prosecute the person who committed the crime against you.
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What is a Misdemeanor?
A misdemeanor is a lesser crime punishable by a fine and/or county jail time for up to one year. Crimes are generally either classified as misdemeanors or felonies depending on the seriousness of the crime. Typical Misdemeanors are Theft, Assault and Battery, Drunk Driving DUI DWI, Vandalism, Public drunkenness, Resisting arrest, Trespassing, Disorderly conduct, Failure to appear in Court, Prostitution. This list is not exclusive. Many criminal offenses can also be charged as either a felony or a misdemeanor. If you are accused of a Misdemeanor You face consequences of a misdemeanor conviction. It could be on your record for life - County Jail, Probation, Mandatory classes, Significant fines, Loss of the right to possess deadly weapons- The likelihood of any of these consequences depends on - The severity of the crime, The extent of the injury or damage, Mitigating or aggravating circumstances, Prior convictions, Currently on probation or parole, Attitude of community and court toward this type of crime, Whether or not a weapon is used. You can also be held civilly liable to the victim in a private lawsuit and You may be required to pay money for the victim's - Physical injuries, Discomfort (pain and suffering), Direct out-of-pocket medical expenses, Lost time from work, Emotional injuries.
What can you do if you are Accused of a Misdemeanor? If you are accused of a misdemeanor, you should speak to a lawyer immediately to learn more about your rights, your defenses and the complicated legal system.
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What is a drug crime?
A drug crime is the Possession, Manufacture, Use, Distribution of any of the following, Narcotics, Stimulants, Depressants, Hallucinogens, Anabolic steroids, Chemicals (used in the production of drugs). Different types of illegal drugs include Cocaine, Heroin, Methamphetamine (meth), Ecstasy, GHB, PCP, LSD, Marijuana
Consequences of a Drug Crime conviction - Imprisonment, Probation or parole, Loss of custody of children, Court ordered counseling, Significant fines, Loss of a job, Community service, Loss of residency, Deportation. The Likelihood of any of these consequences depends on - Amount of drugs in possession, The type of drug, Prior convictions, Currently on probation or parole, Attitude of community and court toward this type of crime
What can you do if you are Accused of a Drug Crime?
If you are accused of a drug crime, you should speak to a lawyer immediately to learn more about your rights, your defenses and the complicated legal system.
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What is a Speeding / Moving Violation?
Most speeding and or moving violations are some type of civil offense or infraction, and not a criminal offense. A speeding or moving violation may result in a fine, affect your ability to get a driver's license, or raise your car insurance rates, but it will not result in jail time or other criminal punishments in most situations. The laws for speeding and moving violations vary widely by states, counties, and cities, so be sure that you are aware of your rights and obligations.
Typical Traffic Violations are Speeding, Failure to yield, Failing to stop or signal, Failure to obey traffic lights, Invalid registration sticker, Invalid driver's license.
What to do if you Receive a Speeding or Moving Violation
Your ticket typically will include a court date and time, and possibly the amount of the fine. You may have the option of attending a defensive driving program or traffic school. If you complete the program or school, the speeding or moving violation is removed from your record completely. If you want to admit you are responsible for the speeding or moving violation, then enter a plea of no contest. This means you are neither admitting your responsibility nor denying your responsibility - you are just paying your fine. You may just pay the amount of sanction or fine by mail or in person on or before your court date. Typically you can call the number listed on your ticket and they will give you information as to the cost of the ticket and where to send payment. If you want to contest the ticket, then enter a not guilty plea and request a trial - You are now denying that you committed the violation and you must prove that the charges against you are false at a hearing or trial. You can request a hearing or trial by mail, or by calling the number listed on your ticket. If you choose to go to court, you may be represented by a lawyer, or you may present your own case. If you are found responsible or guilty at trial, you will be issued a penalty and this penalty may or may not be the same amount initially listed on the ticket. If you win at trial, the speeding or moving violation will be dismissed and removed from your record.
Hire a lawyer to help you contest a speeding or moving violation
If you were cited for a speeding or moving violation, you should speak to a lawyer immediately to learn more about your rights, your defenses and the complicated legal system.
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What is Drunk Driving DUI/DWI?
Drunk driving, sometimes called driving while intoxicated (DWI) or driving under the influence (DUI), has two meanings - 1. Driving with a blood alcohol level over the state's maximum permissible blood alcohol limit. The legal limit for adults is either 0.08% or 0.10% depending on the State. 2. Driving when your physical abilities are impaired by drugs or alcohol. In some cases, it makes no difference whether the drug is legal or illegal. If taking that drug impacts your senses of seeing, hearing, talking, walking and/or judging distances, you may be guilty of a drunk driving offense.
Common Drunk Driving DUI/DWI Tests for Intoxication are Breath Test - Breathalyzer, Blood Test, Urine Test
Tough Penalties for Drunk Driving DUI/DWI Convictions (vary from state to state) - Large fines, A license suspension or restriction, Attendance at a Drunk Driving DUI DWI education course, Probation - often for three years, Imprisonment, Community service, Impounding of the vehicle, Ignition interlock devices - to start a car, the driver must blow into the analyzer. If the breath test shows the driver's blood alcohol concentration (BAC) meets or exceeds the legal limit for driving, the car will not start.
Other consequences of a DUI/DWI are High insurance costs, Loss of driver's license, Auto accident, Loss of job that requires driving.
What can you do if you are Arrested for Drunk Driving DUI/DWI?
If you are arrested for Drunk Driving DUI DWI, you should speak to a lawyer immediately to learn more about your rights, your defenses and the complicated legal system.
Victims of Drunk Driving Accidents
If you are a victim of a Drunk Driving DUI DWI accident, you should speak to a lawyer immediately to learn how to get compensation for your injuries.
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What are White Collar Crimes?
White collar crimes are a variety of non-violent crimes usually committed in commercial or business situations for financial gain. Most of these crimes are prosecuted by the federal government and are very serious in nature. The term "White collar" refers to the fact that people who commit these crimes are usually high-powered professionals, and not "Blue-Collar" laborers. Common Examples of White Collar Crimes are Computer / Internet Fraud, Applying for credit cards online under false names, Unauthorized use of a computer or information on that computer, Manipulation of computer files, Computer sabotage / hacking, Bankruptcy Fraud, Misleading creditors, Concealing assets from the bankruptcy court, Bribery, Offering of money or anything of value which is used for the purpose of influencing the actions of the decision maker, Credit Card Fraud, Unauthorized use of a credit card, Identity theft, Counterfeiting, Copying or imitating an item without authorization with the intention to try and pass it off as the genuine article (This is mostly associated with money but can also apply to drivers licenses, immigration papers or any other important documents). Trade Secret Theft, Theft or misappropriation of trade secret information (A trade secret is anything used in a business that makes them different and for that secret to be exposed would cause the business to lose substantial value (An example of this would be for an employee of Coca-cola to leak their recipe to Pepsi and get paid for it). It also can have some relation to insurance and includes but is not limited to Kick backs, Billing for services not rendered, Billing for unnecessary equipment, Billing by a lesser qualified person - like a nurse billing under the hours of a doctor, Any kind of falsification of records to make an additional profit. Insider Trading - Those with privileged information take special advantage and reap profits or avoid losses in the stock market to the detriment of the typical investor. Anti-Trust violations - Attempts by one or two companies to dominate a particular market by getting rid of all competition.
What Can you Do if you are Accused of a White Collar Crime?
If you are accused of a White Collar Crime, you should speak to a lawyer immediately to learn more about your rights, your defenses and the complicated legal system.
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What is a felony?
Felony charges represent the most serious types of crimes, and each state has different punishments for these offenses. Each felony charge has its own specified sentences and carry serious consequences.
Typical Felonies are Murder / Homicide, Rape, Drug trafficking, Child abuse, Gun possession, Burglary, Money laundering, Child pornography. This list is not exclusive. Many criminal offenses can also be charged as either a misdemeanor or a felony.
If you are accused of a Felony
You face serious consequences of a Felony Conviction, It could be on your record for life, Imprisonment (state imprisonment), Probation or parole, Significant fines, Loss of the right to possess deadly weapons, Loss of occupational licensing, Loss of right to vote.
The likelihood of any of the above consequences depends on The severity of the harm done, Mitigating/aggravating circumstances of your case, Attitude of community and court toward this type of crime, Prior convictions, Currently on probation or parole, Whether or not a weapon is used.
You can also be held civilly liable to the victim in a private lawsuit.
You may be required to pay money for the victim's Physical injuries, Discomfort (pain and suffering), Direct out-of-pocket medical expenses, Lost time from work, Emotional injuries.
What can you do if you are Accused of a Felony?
If you are accused of a felony, you should speak to a lawyer immediately to learn more about your rights, your defenses and the complicated legal system.
Victims of a Felony
If you are a victim of a felony, you should call the police. If there is sufficient evidence, the police will then forward your case to the District Attorney's office to prosecute the person who committed the felony against you.
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