Category Archives: Criminal Law

Criminal Law – Degrees of Murder

Possibilities
are, if someone is suspected of killing someone else and there’s enough
evidence, that person is going to be charged with murder. But what
exactly does that mean?

At
common law, murder was outlined because the unlawful killing of another
human being with intent or malice aforethought. Malice aforethought
will be a difficult concept to wrap your head around, but generally
falls within one in all several categories (i.e. intent to kill, intent
to inflict grievous bodily harm, reckless indifference to an
unjustifiably high risk to human life or “abandoned and malignant
heart,” or intent to commit a dangerous felony or “felony murder”).

But
it’s vital to note that trendy law defines murder in many totally
different forms, or degrees. Additionally, different states define these
degrees in different ways.

1st degree murder is most
corresponding to common law murder. Typically, it’s also the most
serious degree of murder. Typically, initial degree murder is outlined
as the deliberate and premeditated killing of another creature with
malice. Deliberate primarily means that the murderer deliberately meant
to kill the other person. Premeditated refers back to the murderer
really thinking about the killing prior to its occurrence. Malice is to
commit the act without simply cause or legal excuse. Acting in self
defense, or in defense of another person, is an example of just cause or
legal excuse. For example, two friends are taking part in basketball
and one friend dunks on the other. When the game, the “dunkee” goes
home, grabs his gun, and leaves his home looking out for the “dunker.”
Eventually, the “dunkee” finds the “dunker” and shoots him. This can
possibly be thought of first degree murder.

Second-degree
murder is killing another with malice. Therefore, second degree murder
sometimes refers to committing the act while not just cause or legal
excuse. It will not require deliberation or premeditation. That’s to
mention this implies intentionally killing someone without designing in
advance. Continuing the instance above, if the “dunkee” in a very work
of rage immediately after being dunked on, pulls a gun from his shorts
and shoots the “dunker,” this may be thought-about second degree murder.

Felony
murder, while mentioned higher than, adds a full new twist. Felony
murder, because the name implies, happens throughout the course of the
commission of a felony. Typically times, even a death that’s an
accident, can be considered felony murder if it happens whereas a felony
is being committed. As an example, if somebody is robbing a bank and a
client of the bank features a heart attack and dies, that will sometimes
be thought of felony murder. Felony murder usually carries an enhanced
sentence.

Know what role UK Barristers have in Dealing Criminal Law

Unless you’re in a situation when you got struck with a complex fraud case, you never realize the need for a criminal barrister. Allegations of business crime, corruption, money laundering and other fraud trials cannot be faced alone by the client himself and here comes the necessity for hiring the services of an expert fraud solicitor, who holds the right qualification and is aware of the tactics involved. The role of barristers in London is something exceptional as they work independent and have their primary objective in providing necessary legal advice to clients by understanding both sides of the case.

Facing the legal proceedings of criminal cases all alone can bring you huge expenses and in times stress and tensions. Barristers, who’re legal specialists, possess enough knowledge and experience and so can assist you with early advice regarding the strengths and weaknesses of the case. An experienced barrister with outstanding ability can transform a highly complex allegation into a simple one with his argument in courts. Even if fraud solicitors are skilled in legal dealings, they possess expertise in handling cases outside the courts whereas barristers are responsible for presenting the case before the court. t.

Now you may be aware of the importance of an expert barrister. But where do you find one such person? It’s simple. None other than your solicitor can find you the right barrister if it’s proved that your case needs a barrister’s assistance. Even otherwise, finding the most suitable criminal barrister in London is no more a difficult task as there are also other options available. Before choosing a barrister for your case, determine first whether he holds the right qualification and experience for dealing with criminal law. It’s advisable to choose licensed barrister who have special interest for criminal law, because one such person will certainly be capable of providing advice on a case just by looking into its papers.

It’s also possible for clients to consult and get idea about the case proceedings from a barrister directly in barrister’s chambers if the case appears to be a complex one. Earlier barristers are not allowed to have direct access with clients about the case proceedings. UK barristers today are ready to accept instructions and suggestions from clients so that it becomes easy for the clients to handle fraud cases in the way they wish for. Another option to choose right barrister for your legal proceedings is to go for direct access barristers, who work independently from barrister chambers and are capable of criminal law interpretation. The greater advantage of choosing one such direct access barrister is that clients are given chances to instruct barrister directly without the need of instructing a solicitor.

The author has written numerous articles on the functions of a barrister and the necessity of hiring his legal services. The above article is all about the role of barrister London and why they are considered prominent in UK legal services.

Criminal Law – Basics

Penal law, which is also known as criminal law, in short pertains to law that deals with crimes and their punishment. Criminal law is responsible for setting and maintaining definitions of crimes, as well as their punishment, which is inherently linked to the perceived impact to the great community and the individuals which make it up.

No moral examination takes place in criminal law practice, and neither does it prevent the ability of the people to commit the crimes it prohibits. This would go against every major constitution in the world as it will intrinsically also limit the people’s freedom. The law of criminal procedure basically consists of the apprehension of an individual or group, laying of the charges, and finally trying those suspected of committing an act deemed inappropriate.

The investigation comes before all this, though, and no case of this nature can be won without solid evidence. This proof must be beyond reasonable doubt, a major ingredient in the salad that is the legal system where it concerns criminals. The accused person or persons must be guilty of two separate things: firstly, the act; it must be proven to a jury that the accused has committed an act set out by society and its leaders as being criminal; second, the person under investigation must have had the intent to commit the crime, which is otherwise known as guilty mind. This malicious intent is the final nail in the coffin for most cases as it is rather difficult to prove, but when it has been demonstrated beyond the shadow of a doubt, there is little recourse for the defendant.

The above can be discounted for crimes of so-called strict liability, wherein evidence of an ‘actus reus’ is enough.

Criminal law systems do make the distinction between crimes where negligence plays a part, and those where motivation was the only driving factor. This is where things get tricky, and this is why criminal lawyers make big bucks in taking care of their clients. Sometimes the story in the defendant’s mind is not even solid, and it is up to his or her lawyer to make a solid case for redemption.

Criminal Law – Objectives

Criminal law is perhaps most well known because of the effects it can have on a society and on an individual if not respected and followed. The consequences are serious and can range from a few months to few years of jail time, to execution in certain states and territories, to things as harmless as council work and community help rendered (which could actually be hundreds of hours of unpaid work).

In most western countries, physical punishment is never handed out, but some Eastern countries have this as a standard response in their criminal law system. Where jail time is warranted, solitary confinement is an option. The length of the incarceration can vary a lot as aforementioned, and it really depends on a number of factors, such as those bearing on ‘guilty mind’ principles and the extent to which the society has been affected due to the crimes executed. In some countries, life-long imprisonment is not uncommon for serious offenders in the states where the death penalty has been outlawed.

Supervision may be necessary in some instances, and this can be in the form of house supervision (also known as house arrest), with the convicted parties required to conform to certain guidelines as part of parole or probation regimen. Money can be seized and property also. The convicted person or persons have very little say in exactly what is kept and what is taken in by the state of their residence or operation. The enforcement applied by criminal law is categorized in 5 separate groups: retribution, deterrence, incapacitation, rehabilitation and restitution. The value of each of these methods is largely determined by the jurisdiction overseeing the law proceedings.

Retribution is the principle that criminals should suffer in some way. This is the goal that is sought out by state- and victim-appointed barristers and lawyers. When criminals have taken unfair advantage of others and have, with consideration for only themselves, made their victims’ lives worse, then it is only right for they themselves to suffer in one way or another. In some Eastern countries it is literally an eye for an eye, and in the Western world it may not be said in as many words but many cases from the ’90s and ’00s demonstrate the willingness of Western legal systems to follow their Eastern counterparts.

One other form of punishment is incapacitation. This is most commonly achieved by subjecting convicted parties to lengthy jail terms to keep them away from the public so no similar crimes can be rendered by the same party for the term of their incarceration.

Criminal Law and the Part a Chicago Criminal Defense Lawyer Plays in the Society

It’s commonly straightforward to distinguish a civil case from a criminal one– by evaluating the parties involved. If the document states Doe v. Smith, it’s often a civil case; but if the file says Doe v. United States or Doe v. Illinois, it’s a criminal case. It’s important to understand the difference because many people still often mix them up like a smoothie.

A criminal defense lawyer in Chicago takes on criminal claims– infractions that hurt the public like rape and murder. There’s no solitary definition of crime, but it highlights any act of transgression of the law that damages the public. This is why particular court files normally declare Doe v. United States, implying the plaintiff is the people of the United States. It can likewise work by state like Doe v. Illinois, implying the offender will confront the people of Illinois. .

In submitting a criminal case, the prosecutor of the jurisdiction where the unlawful act took place establishes whether or not the charge ought to be pursued. Because of the gravity of the lawsuit, criminal allegations have to be submitted within 72 hours if any apprehension is made. A number of states simply need charges to be submitted within 48 hours.

Compared to a civil case, a criminal case involves more than simply remuneration for damages. The offender, if verified liable, can also be imprisoned, required to carry out community service, or be subject under the capital punishment. The matter of proving the defendant’s guilt generally lies at the hands of the government that filed the complaint.

If there’s something that civil and criminal lawsuits share, it’s typically the possibility of a retrial or an appeal to reconsider the previous ruling. Nonetheless, this is already out of the hands of a typical court; appeals are currently the duty of an appellate court (or court of appeals). An appellate court will simply inspect whether or not there are incongruities with the legal proceeding in question. It can either require a fresh trial to be hosted or the case rejected entirely.

For more information about criminal lawsuits, go to the websites at Nolo.com and Diffen.com. For more details, you can visit a criminal attorney in Chicago.

Criminal Defense Attorney Selecting Wisely Can Help You Keep Out of Legal Troubles

Hiring a competent criminal defense attorney can save you from a lot
of legal problems. These professionals are thorough in legal procedures
and are highly experienced.

If a situation arises where the state has put a
charge or charges against you, it could be quite frightening. The
situation can become even grave if there are chances of your going to
jail. Only a good knowledge about the rights guaranteed to you by the
constitution of the country and about what the statutes say about your
problem, can save you. Along with this, you will also need to know about
the general procedure involved in courts for fighting your case
successfully. Expecting an average citizen to know about all such things
is rather too much as most of the people will not know anything about
these things. It would be better to hire a good Brickell Criminal Law
Attorney to help you beat the rap.

Hiring a good legal mind
during such a condition gives you an extra advantage as an attorney of
law is thorough in dealing with the legal system and knows about its
workings. These professionals also know about the loopholes that might
save you from an embarrassing situation such as going to jail. An
important thing to remember here is that only an expert criminal defense
lawyer, who has the required knowledge and a great amount of experience
to go with it, can help you out. Although there are a number of
criminal defense attorneys offering their services in the market, not
all of them are experienced and knowledgeable.

While
searching for a good Brickell Criminal Law Attorney, you can take the
help of Internet. Searching for a competent criminal law attorney on the
web is quite easy and is also a more reliable way. You will get all the
details related to the qualification of the attorney along with details
about his experience and the type of legal cases that he specializes
in. Some leading criminal law attorneys on the web also offer the
service of free consultation so that you can get a better idea about the
abilities and capabilities of the lawyer before you hire him. You need
to explore all the options that you have and to wisely select the one
that suits your requirements.

Try to weigh the charges against
you and their seriousness. If these charges are serious enough to prove
you guilty of the crime, it can tarnish you image and permanent record,
which would be a great loss. In such a situation, only a good
professional Brickell DUI Lawyer can save you and your character from
getting damaged beyond repair.

Long Island Criminal Lawyer – Miranda Changes Explained

I am often asked during the course of my Long Island Criminal Law
practice what should clients do when they are being questioned by the
police. My advice to those clients has always been quite simply “shut
up”. When given your Miranda warnings and you are told that you have the
right to remain silent, BELIEVE IT AND DO IT. Silence was golden.
However, in light of the recent Supreme Court case known as Berghuis v.
Thompkins, that advice has to change somewhat.
The Supreme Court on
June 1, 2010, ruled that a defendant who had been given his Miranda
warnings, but had not specifically asked for an attorney, and had not
specifically declined to answer questions, HAS WAIVED HIS RIGHT TO
REMAIN SILENT. The defendant was continually questioned for three hours
AFTER HIS MIRANDA WARNINGS WERE GIVEN and THEN made an admission that
ultimately contributed to his conviction for homicide.
The Supreme
Court ruled that his failure to affirmatively exercise his Miranda
warnings and request a lawyer, DID NOT OFFER HIM ANY PROTECTION FROM THE
USE OF STATEMENTS MADE BY HIM. So now, in light of this decision, I
have to change my advice and my advice is now this: After you hear the
Miranda warnings, TELL THEM YOU WANT A LAWYER. TELL THEM YOU WILL NOT
ANSWER ANY QUESTIONS. THEN SHUT UP! So really what you have to do is
make your position known and then be quiet. Once you have made your
position on questioning and the presence of a lawyer is made known, the
advice I give to a great many of my clients, that EVEN A FISH WOULDN’T
GET IN TROUBLE IF IT KEPT ITS MOUTH SHUT, continues to apply.

Three Things to Ask a Prospective Criminal Attorney

You’ve been arrested and are now facing serious felony criminal
charges. You’ve never been in trouble (or maybe you have) and you don’t
know what to do, but you know you hadn’t planned on being in jail this
Christmas. You know you need an attorney, but you don’t have any friends
or family that practice law and don’t know who to call. Regardless of
who you end up hiring, there are several basic questions that need to be
asked any attorney you interview to represent you.

1. Do you handle criminal law?

In days gone
by, many attorneys were “general practice” attorneys who you could call
if you were arrested, needed a divorce, wanted a Last Will and
Testament, or were injured in a car wreck. As the law has evolved and
become more complicated, it is now more common for attorneys and law
firms to focus on one or two areas of law. Many attorneys don’t
represent criminal defendants, or don’t handle criminal cases as a
regular part of their practice. Therefore, before you make a final
decision on an attorney you should probably ask them if they handle
criminal cases as a significant portion of their law practice.

2. Do you handle the type of case that I’ve been charged with?


Even within criminal attorneys, there are attorneys that specialize in
certain types of cases, and attorneys that refuse to handle cases
involving certain crimes. For instance, some criminal attorneys only
practice in State Court, while others also handle Federal Criminal
cases. Federal law is fairly standardized nationally and can be
drastically different than state criminal law practice. There are
attorneys whose focus is on handling federal criminal cases across the
country. Additionally, some attorneys refuse to handle various types of
cases such as DUI, murder or child sex cases due to that attorneys own
personal preferences or prejudices. So another question you should ask
before deciding on which attorney to hire is whether they handle the
type of case you are currently facing.

3. What kind of results have you obtained in cases similar to mine?


While you may have found an attorney that does handle criminal matters
that are similar to your case, you want to make sure that they have
handled such cases with good results for their clients. You may not want
to hire an attorney that routinely pleads all of their clients guilty
to lengthy prison sentences, as you may not be interested in pleading
guilty. You should want to determine if they have ever tried a similar
case to a jury, and what type of verdicts they have obtained. A
determination of the results your prospective attorney has obtained in
cases similar to yours will give you a good idea of that attorney’s
knowledge and comfort level in handling cases such as yours.

It
has been said that your decision who to hire to represent you in a
criminal case is one of the most important decisions you may make in
your life. Before making such a decision, you owe it to yourself to find
the answers to these

Richmond Criminal Lawyer Picking Up The Right One

It is vital for you to select the right Richmond criminal lawyer for your case.

At the time an individual or business company is charged with criminal activity then it is the right time to get professional guidance from expert criminal lawyer. Are you in search of one? if yes is that you replied, then it is very important for you to follow some essentials that will help you the right way to look for the best lawyer for your case.

#1

Research:

It is clever for you to look for expert criminal lawyer having an experience of a number of years on criminal law. The criminal legal process is very complex. Hence, it is vital on your part to engage a professional criminal attorney for your case.

It is also wise on your part to select a lawyer that has specific experience in relation to the type of your business case. For example, if your business is charged with driving offense, then in that case you need to ensure that the criminal lawyer has an experience of many years in handling these cases.

There are many ways to search for the right legal representation. You can consult with your family, friends and even relatives for this as they can provide you with genuine advice. Not only this, there are even legal forums on the Internet that will help you out with the list of richmond criminal lawyer. Ensure that you contact some attorneys before choosing one to represent your case in the court.

#2

Investigate:

Before you talk to some lawyers, it is vital for you to know the background of the criminal lawyer that you are willing to hire. You might be of the thought that there is no use of surfing online. But talking to the lawyer once before you hire him/her will be of great help to you.

#3

Plan

Before you talk to any of the Richmond criminal lawyer it is wise on your part to get all the information that is required such as time, place, event as well as form. Even the smallest information that you get might be important so ensure that you have all the details about the lawyer before speaking to the lawyer.

The above mentioned are known to be the important aspects that you need to keep in mind in order to ensure that you have chosen the right Richmond criminal lawyer. Make certain that you take your time and choose the right one as your case would be fought by him/her on your behalf.

Reliable Ways of Finding a Criminal Lawyer in Philadelphia


Being charged of crime or a criminal offence not only affects you as a
human being but also impacts your professional life. By hiring a
criminal lawyer in Philadelphia, you can defend yourself of the
accusation and once again start leading a normal and healthy life. For
the sake of reliability and to ensure that the success rate of winning
the case are higher, it is best to engage an experienced and
professional criminal lawyer.


Typically, a lawyer helps defend you from charges or popular offences
like theft, assault, fraud, rash driving, and so on. If you look around,
you are sure to find a list of lawyers who claim to have significant
experience in such cases. However you need to make a choice based on
certain parameters which includes your budget too. Choosing the right
criminal attorney may take a while but can pay off if you can find the
right person and if he or she can help win the case for you.

So,
how do you find the right kind of criminal lawyer and what are the ways
that you should adopt? Here are a few methodologies that you might want
to try:

Look for ads in newspapers

Just like any
directory, at times you may also come across printed ads in the
newspaper. This is an easy and cost effective way of finding a criminal
lawyer. An advertisement would basically include the essential contact
details of the lawyer, number of cases handled till date, his/her area
of expertise and the kind of pricing plans the lawyer offers. If you
find the ad convincing then why not give the person a phone call and
book an appointment.

Ask for recommendations


You may have friends or colleagues at work that may have approached a
lawyer in the past. In case yes then why not ask for recommendations.
Share your budget and give a brief about the case. Who knows, someone at
office or in your area may offer some advice and you could easily be in
touch with an experienced criminal lawyer.

Search online


Nowadays, most small to large firms tend to advertise on the internet.
Some of the more professional ones have their own website that you can
go through. You can read through different cases that the lawyer has
handled in the past and then make a decision if the person is capable
enough to take on your case. Online or the internet also gives you the
flexibility to compare different lawyers basis of services, years of
experience and prices. What’s more, you can be a part of any online
community or forum and easily find a criminal lawyer in Philadelphia
whose services and expertise can help you resolve your case.