Law Enforcement Magazine.com

A Criminal Defense Lawyer Can Help You Defend Against A Misdemeanor Charge

(As a police officer you need to know how the system works)

A misdemeanor isn’t as heavy as other crimes but you can be charged for it and this will become part of your permanent record. Fortunately, you can fight it with the help of a criminal defense lawyer.

When you are charted with a misdemeanor, you are given a citation which states the date and time that you will appear in court.

Do you have to see a lawyer? Some people do so immediately so they can be guided throughout the process. For that, you have to hire one. Surely you can get somebody because if you don’t, a state appointed lawyer will be the one to help you but they don’t do that well compared to private counsel.

For you to quality a state appointed counsel, you will have to fill up a form. You will also be required to reimburse the state for the legal services of the public defender.

When you finally hire a lawyer, tell them what happened because only then will they be able to figure out a strategy to help you out. For instance, your lawyer can argue that illegal items that were found in your possession were planted. If that is the case, during the arraignment proceedings, you will enter a plea of not guilty.

What is the difference between a plea of guilty and not guilty? If you enter a guilty plea, you give up the right to a trial since you admit to the crime. However, when you plead not guilty, you will stand trial and the jury will decide whether or not you are really guilty of the crime.

Here, the prosecution will be bringing in witnesses, police reports and the evidence. Your criminal defense lawyer will have the chance here to dispute the findings and if he or she is successful, reasonable doubt is achieved and your chances of getting a not guilty verdict become higher.

Once the closing arguments are made, the jury will now deliberate. If you are found to be not guilty, then you walk. But if you are guilty, then you will be sentenced shortly which may mean paying a fine, spending some time in jail, doing community service and placed on probation. You can appeal your case of course which will be done by your criminal defense lawyer.

The objective in this proceeding is to get you a not guilty verdict so you don’t have to spend time in jail. However, if you are guilty and given the option to make a deal, perhaps you should take it.

The process of facing a misdemeanor charge is the same even if you are below 18 years of age. The only difference is that a parent or guardian is also present together with your lawyer when you have to face the judge.

Since being charged with a misdemeanor isn’t that serious, some people decide to represent themselves. If you decide to do this, make sure you are familiar with the law and the procedures involved in your case because during trial, no one will help you or advise you on what you should do. But if are not sure how the legal process goes, why trouble yourself when you can hire a criminal defense lawyer who does this for a living.

A Criminal Defense Lawyer Can Help You Defend Against Murder Charges

(As a police officer you need to know how the system works)

Murder is one of the harshest things you can ever be charged with. If you are arrested for the crime, it won’t be long before you will be charged in court for the crime but you can prove your innocence with the help of a criminal defense lawyer.

When you are brought in for questioning, the first thing you have to do is ask for a lawyer. If you can’t afford one, don’t worry because a state appointed lawyer will be assigned to you. But if you have money, it is best to hire a private attorney since they often have better success rates than public defenders.

Once counsel is present, work with them so you can come up with a defense strategy. You will have to tell them exactly what happened. If you really committed the crime, they can argue that there are circumstances which made you do it.

It is possible that you killed the person by reason of self-defense or possibly you were temporarily insane. If you do this, you will be examined by a psychiatrist because some people fake it.

You will shortly be arraigned so a trial date can be set so you should already enter a plea of guilty or not guilty.

Days before trial, your defense lawyer should already work on a plan to create reasonable doubt in the minds of the jury. He or she may hire expert witnesses to testify on your behalf, present strong counter arguments and attack weaknesses in the prosecution’s argument.

Since your lawyer will have a chance to see what will be used in the case, he or she may be able to suppress certain evidence if this was obtained illegally. This may sometimes get a guilty person off on a technicality but this is all part of the judicial process.

On your part, the only thing you have to do is behave yourself during the entire court proceedings because your lawyer will be the only one doing the talking. Better yet, behave in a way that will make the jury think twice if you are capable of doing such a heinous crime.

The objective in a criminal trial is to cast reasonable doubt in the minds of the jury so no matter how many witnesses are called to testify or what evidence is presented, you have a good chance of getting a not guilty verdict. But if things do not work out, then you can appeal the decision of the court.

You can avoid going to court if you decide to negotiate with the prosecution. For instance, if there were other people involved in the crime, you can testify against the others in exchange for immunity or a lesser charge. You should consider this option if ever it is presented to you.

If the evidence is overwhelming, perhaps you should just plead guilty because if you are convicted, some states will sentence you to face the death penalty. Doing so will probably get you life imprisonment probably with no chance of parole.

A criminal defense lawyer is the only person who will be able to help you if ever you are charged with murder. It is only by cooperating with this person that will prevent you from spending the rest of your days in prison.

Hiring A Criminal Defense Lawyer For A DUI Charge

Ever been pulled over on a DUI charge? Yes this happens but you can beat the system with the help of a criminal defense lawyer.

Drinking under the influence charges require fast action on your part so that your license will not be suspended. The first thing you have to do of course is hire a lawyer so you can immediately be released from jail.

In some cases, this does not happen because you are released on your own recognizance. However, some will require you to post bail which your lawyer can arrange.

Once released, it is now time to address this issue. In some states, a DUI charge generates 2 separate cases. The first is filed with the Department of Motor Vehicles while the other is a criminal court case. Often, when faced with this problem, you may have to face these charges within ten days from the date of the arrest.

Just like any other criminal case, this begins with your arraignment. You will be asked to enter a plea of guilty or not guilty. Chances are, your criminal defense lawyer will tell you to plead not guilty to these charges. This will give him or her time to review the facts of the case so your defense will be established.

There are many strategies available that your lawyer can use to you get out of a DUI and have proven to be successful.

Your lawyer may for example argue lack of probably cause for the initial stop. This means there was no reason at all to stop you and if that is the case, submit a petition to suppress any evidence that the police obtained when you were pulled over.

It is also possible to argue faulty of unreliable BAC results. The BAC stands for blood alcohol test which is used to test if the person’s alcohol level has reached the maximum limit which makes him or her unsafe to drive a vehicle.

The results could be faulty if your lawyer can prove that the test was not properly administered, the equipment used was not properly maintained or you have a medical condition that may have an impact on the reliability of the test.

Another tactic is to attack the credibility of the arresting officer. If your lawyer is able to question the police officer and prove there are inconsistencies in their testimony compared with the police report they filed, you just might have a chance of getting a not guilty verdict.

But if things are not working in your favor and everything was done by the book, then your criminal defense lawyer may advise you to accept a favorable plea agreement. Doing so may get you reduced charges or sentencing concessions with the district attorney.

If you don’t want to negotiate and decide to gamble in court and lose, then you can try to appeal the court’s decision. If you don’t, there will likely be an increase in your insurance cost, limits on employment options and you will now have a permanent record.

Hiring a criminal defense lawyer is the only way to get out of a DUI charge. After all, there are circumstances which you can argue so that you name will not be included in the criminal database system.

How to Find A Criminal Defense Lawyer

Oops! It happens to every police officer eventually. Your best friend or your brother’s kid gets into trouble and needs a lawyer. You are supposed to be the expert so what do you say. The below article can help you.

When you are arrested for a crime, the only thing that can only help get out of a jam is with the help of a criminal defense lawyer. You can choose who wants to represent you which shouldn’t be a problem if you have money but if you don’t, you will have to settle with whoever the court appoints for you. But for those who can hire one, here are a few tips to help you select a professional.

First, when you meet the criminal defense lawyer, you should ask how long has he or she been practicing criminal law and also how many cases did they win. Surely you don’t want to work with a lawyer who is fresh out of college or has never won a case. You also don’t want to work with someone who chooses to settle the matter out of court very often because you will probably get the shorter end of the stick when you decide to go for the plea bargain.

The more years of experience this person has, the better because this professional should already know the ins and outs of the judicial system. That person may have already dealt with the prosecution in the past and knows how to get a winning verdict.

You should also check if the lawyer that is representing you is certified Criminal attorney. This will save you the time of asking how long this person has been in the practice because getting such recognition means you have actively participated in 100 cases involving the taking of testimony.

Naturally, you have to be comfortable with the criminal defense lawyer who will be representing you in the case. He or she should be able to give you updates like when is the trial, what strategy will be used during trial and other matters that may help make the outcome go in your favor.

Since you are already in your office, be sure that the criminal defense lawyer you are speaking with will be the one who will actually defending you and not handed over to another person in the firm.

Given that the practice of criminal defense work is their bread and butter, you should also discuss the fee arrangements. Some lawyers charge a flat fee while others do it on an hourly basis. It is better to get a flat fee so you are not charged every time you have to consult your lawyer over the phone or in person. You should also find out if this already covers the case should this go to trial.

While the criminal defense lawyer will do their share to maintain your innocence, you should also do your share so this can happen. You do this by cooperating with them so they will be able to come up with a good defense.

The best criminal defense lawyer to get is the one who is experienced. After all, a criminal trial may last weeks or even months before a verdict is reached. This may cost you a great amount of money but if you get a not guilty verdict from the jury, it is surely worth every penny so you can move on with your life instead of spending the rest of it behind bars.

What is Criminology?

When people look into criminology, they may initially be surprised by how expansive the field is.  Anyone that is at all associated with the scientific study of crime, the relationship between the criminal and his or her environment, and society’s reaction to crime would have some sort of placement within the scene of Criminology.  In some instances, criminologists are researchers that are trying to find the common links between deviant behavior and the environment, in order to try to pinpoint what it is that causes or perpetuates crime.

There are currently a number of different theories that attempt to explain, through the process of science, what it is that causes a crime to take place.  These theories began to emerge in earnest in the middle of the 1800’s.  Over the course of the next 200 or so years, new theories began to spring up and eventually they began to involve genetics, hormones and biological makeup.  Previously, theories of criminology rested heavily on society and the environment’s effect on the individual as a source to either push an individual into crime or away from crime.

There are three distinct schools of thought when it comes to criminology.  One of the first schools of thought, the Classical school believes that utilitarian philosophy is the supporting notion of criminology.  They argue that individuals have free will and can decide for themselves what is right and what is wrong.  The hedonistic, or self-indulgent, side of the body must be balanced against the rational of the individual.  When the hedonistic side wins, crime may ensue.  Rational is the side of the individual that would consider the penalty of the crime and, if the punishment is severe enough, is believed to be the piece of the individual that would keep them from crime by looking at the costs.  Positivists are those who believe that the factors that contribute to the criminal’s propensity to go against the law do not rest within their own control.  Rather, elements such as society or the person’s chemical makeup do.

These are things that are considered to be outside the control of the individual, but are still things that may play what Positivists claim as the biggest part of the responsibility when a criminal has committed a crime.  In the Chicago school of thought, individuals believe that criminals are a result of the disorganized environments from which they come.  Later, this definition was extended to include the belief that older generations taught younger generations about the role of crime.  It is then fair to say that these individuals believe that crime is a social occurrence only where the social makeup of the area is broken down and unequal.

Crime is often considered to be a blemish when it comes to the society of an area.  It causes people to fear when they should not have to.  Criminologists are, in their own way, attempting to determine what causes a crime or instigates that type of behavior in a person in order to limit the amount of crime that takes place.

Exploring Criminology Theory

When it comes to the science of exploring how crime and society interacts, there are number of different theories that have been developed with the attempt to explain what causes such reactions in individuals.  Over time, there have been many different theories that have been established and in most cases these theories have been developed as a reaction to the social or judicial challenges or changes that have been created.  Criminology theory is important.  While there are many theories that cannot be proven beyond a shadow of a doubt in every single society and cultural setting, it is very important for individuals to keep looking and keep developing different theories.  By understanding past theories that have failed or not be able to be applied successfully to different crime settings, it is more likely that individuals will be able to work up to theories that can be applied in these different settings.

Criminology is a very broad science.  It covers many different types of crimes and cultures or societies in which the crimes take place.  Another area that is covered by the scientific study would be the laws that are created by society in response to the various crimes that have been committed in the area.  While criminology itself as a science was not created and defined as a term until the end half of the 1800’s, there were many theories that were almost instantaneously created in order to promote the science.  Some of the theories were based around the individual and their role in crimes, but others were more interested by taking the role of society into consideration as the cause for certain crimes in different areas.  Over time, these theories were elaborated on and re-defined in order to make sense in the time period which would be applying the theory to their studies of the social setting in a set time frame.

It is very important for individuals to understand that criminology is a theoretical science.  In effect, this means that criminology will likely not be able to have a set definition of cause and effect when it comes to crime and the society in which the criminal is brought up.  At the very most, we have these theories that are constantly being improved upon in order to try to understand crime in a specific society for a specific period of time.  Some of the most popular theories that have come forth so far include the conflict theories, in which the individual criminal alone is held responsible for their reactions, as well as the rational choice theory in which it is maintained that the criminal is able to come up with the pros and cons of an action or crime before they perform the action, and that they ultimately decide that there are more pros than cons when it comes to that criminal decision.  Certain theories cannot be applied across the board.  For example, these theories may be applied to both females and males, but the feminist theories in relation to criminology will maintain that this approach cannot be used and that females need their own theories when it comes to criminology and what motivates women to commit crimes.