This article explains pleas and sentencing in Rhode Island (RI) for criminal misdemeanors. If you are charged with a misdemeanor crime in Rhode Island you should read this legal article very carefully. However, do not use this article as a substitute for seeking independent legal advice from a lawyer. This article was written by attorney, David Slepkow 401-437-1100.
A misdemeanor is any offense punishable by up to one year in Jail. Typical misdemeanors are: driving under the influence of alcohol (dui / dwi), shoplifting, domestic assault, Second (2nd) offense refusal to take the breathalyzer, driving on a suspended license, writing bad checks, domestic vandalism, simple assault and battery, domestic disorderly, reckless driving, disorderly conduct, etc. There are different rules that apply to driving with suspended licenses and this article does not fully address those provisions.
It is a very bad idea for a person to represent themselves (pro-se) in a criminal case. Please note that this article only applies to Rhode Island misdemeanor offenses and does not apply to any other states!
At the arraignment, A person should almost always say not guilty and hire an attorney. If a person cannot afford a lawyer then the person should go to the Public Defender. After the arraignment the matter will be set for a pretrial conference a couple of weeks later. In some very limited circumstances a person can work out a plea deal at the arraignment. It is usually a very bad idea for a person to enter into a plea agreement without an attorney.
At the pretrial conference a person can change their plea after meeting with the prosecutor and or the judge and after finding out what the prosecutor is offering for a a sentence. A defendant can negotiate with the prosecutor through their lawyer. If a plea agreement cannot be worked out at the pretrial conferences the matter will be set for trial. The matter also could be scheduled for motions prior to the trial if motions are requested.
A person should never change their plea from not guilty to nolo contendere or guilty without a plea deal from the prosecutor.
In Rhode Island, a defendant can enter one of four pleas: guilty, not guilty, nolo contendere or an "alfred plea".
Guilty and Not Guilty Pleas
The pleas of guilty and not guilty are obvious. If the plea is not guilty then the matter will be scheduled for a trial on the merits in which the prosecution must prove beyond a reasonable doubt that the person is guilty of the alleged offense. The person will be presumed innocent and it is the prosecutions burden to prove that the person is guilty. Usually, it is a very very bad idea to take a guilty plea! Guilty pleas or a finding of guilt after a trial is always a criminal conviction in Rhode Island.
Nolo Contendere Plea
Nolo contendere means a person is not contesting the charges. When a defendant takes a nolo contendere plea in Rhode island, the defendant is indicting that he does not want to contest the charges but is also essentially admitting to the charges.
What is the difference between a guilty plea and a nolo contendere plea in rhode Island? There is a huge difference! A guilty plea is always a criminal conviction under Rhode Island law. A criminal conviction has major negative implications especially when a person applies for employment. A plea of nolo contendere may not constitute a criminal conviction in Rhode Island. A plea of nolo contendere is only a conviction in Rhode Island if there is a sentence of confinement (such as the ACI or home confinement), a suspended sentence or a fine imposed.
For example, A plea of nolo contendere with a sentence of probation and a contribution to the violent crimes indemnity fund or court costs will not constitute a conviction under Rhode Island law! For example, A plea of nolo contendere with a sentence of a filing and a contribution to the violent crimes indemnity fund (vcif) will not constitute a conviction under Rhode Island law.
However, anything with a fine attached to it will be a conviction under Rhode Island law. Therefore, it is important that the defendant gets either no fine or a contribution to the victims fund or court costs rather then a fine.
All misdeameanor plea agreements in Rhode lsland should be nolo contendere with court costs or a contribution towards the victims indemnity fund rather then guilty pleas!
Alfred Pleas
Alfred Pleas are strongly disfavored by judges in Rhode Island (RI) and are difficult to get. Alfred pleas derive from a United States Supreme Court case. In an Alfred plea, a defendant will admit that the state has sufficient evidence to convict him or her if the case went to trial but will not admit to anything.
DUI / Drunk Driving charges
In Rhode Island, any plea to drunk driving, driving under the influence, DUI/ DWI is a conviction under Rhode Island law. A breathalyzer refusal plea of guilty or "admitting to sufficient facts" is not a criminal conviction because a breathalyzer refusal is a civil case. For more information concerning Rhode Island drunk driving / dui and breathalyzer refusal law please see =>http://ezinearticles.com/?Rhode-Island-DUI---DWI-Law-Should-I-Refuse-The-Breathalyzer?&id=486659
Guilty Finding after Trial and appeals de novo
If the defendant is found guilty after trial the sentence will constitute a conviction. If a person is found guilty at trial in district court they can appeal de novo (of new) to the Superior Court and the conviction will be erased and the case will essentially start all over again in the Superior Court.
Obviously, the defendants best result is either a dismissal by the prosecution or an acquittal. A defendant has five days to file an appeal of a guilty finding after trial or appeal a plea agreement that he / she is unhappy with. In the Superior Court appeal, the defendant has a right to a trial by jury. Whereas, in The District Court a person waives their right to a trial by jury but in exchange for their waiver of their right to a trial by jury has the right to appeal any guilty finding de novo (of new) to the Superior Court. A person charged with a misdemeanor essentially has two bites of the apple so to speak. A defendant can attempt to win at a judge decided trial in District Court and then if they lose they can do it all over again with a jury trial in Superior Court.
What is a "filing" in Rhode Island?
If the defendant takes a not guilty plea or a nolo contendere plea then the case will be "filed" for a year. This is commonly called a "filing". If the defendant does not get arrested or get in other trouble and complies with the conditions of the filing during the one year period then the case is dismissed and can be easily expunged from a person's record after the year.
What types of filing are there in Rhode Island
There are two types of filings, not guilty filings and nolo contendere filings. A not Guilty filing is when the defendant maintains his innocence and the case if filed for a year. A not guilty filing is not usually allowed by Judges in the District Court. Not Guilty filings are extremely rare in the District Court. Some judges will not allow not guilty filings as a matter of policy. Not guilty filings are very beneficial to the defendant as the best case scenario short of a dismissal or not guilty finding because if the person is accused of a new crime or violating their filing the state will need to still prove their underlying case.
A nolo contendere filing is when the defendant admits to guilt and the case is filed for a year. The vast majority of filings are nolo contedere filings! A major difference between a not guilty filing and a nolo contendere filing is when a person is violated for a not guilty filing then the state / prosecution must prove guilt at that time. Whereas, if a person is violated for a nolo contendere filing, the judge simply must impose a sentence because the person has already admitted guilt to that offense.
If the person violates his filing by not complying with the conditions of the filing then the persons filing can be revoked by the Court. If a person takes a nolo contendere filing and gets into further trouble, violates the conditions of the filing or is arrested on a new offense then the person will be hailed back into court to be sentenced on the filing. (unless the filing was a not guilty filing which means the prosecution must prove the defendants guilt) There are various conditions that can be put on a filing inluding alcohol and drug counseling, domestic violence counseling or classes, restitution, no contact with the victim and community service.
What implications are there for domestic violence offenses in Rhode Island?
If the underlying charge is for a domestic offense such as domestic assault / domestic vandalism or domestic disorderly conduct then the defendant will be ordered to have no contact with his wife girlfriend or the victim as the case may be. If the defendant violates the no contact order then the defendant will be charged with a separate offense of violating a no contact order as well as violating the conditions of the filing or probation, as a result of the communication.
No Contact Orders in Rhode Island explained
A "no contact order" means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party.
In other words if a person is under a no contact order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say "hi" if they walk by the victim by chance on the street.
Be very careful! A person can be arrested for violating a no contact order even if the victim initiates the contact and calls the defedant. A person can be charged with breaking a no contact order even if invited by his wife to come back to the marital home.
Even if the victim tells you that the no contact order has been dropped, do not take the victims word for it. You must see the piece of paper signed by the judge dismissing the no contact order before any contact or communication is initiated. A no contact order expires when the sentence period is finished. However, be careful because there may also be a restraining order issued as a reult of a divorce or family court matter or a District Court restraining order.
A person who is on probation or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order. For example, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI. We are not talking about the local town jail but the ACI.
Violation of conditions of filing
Please note, that a person who has a filing can be held for up to ten days at the ACI if arrested for a new charge / crime. A person who is on a filing must be very careful that he / she stays out of troubl.
If the person is violated from the terms and conditions of the filing then hypothetically the filing could become a conviction because that person has already admitted to the charges by pleading nolo contendere and giving up his right to contest the charges. Court costs will be imposed if there is a nolo contendere filing in a criminal case.
Probation in Rhode Island
If a person recieves probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. If a person violates his probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violater. After ten days a person has the right to a hearing. At the probation violation hearing, the prosecutor must only convince the judge so that the judge is "reasonably satisfied" that the person violated the probation by committing the new offense. Also the person will be prosecuted for the new offense as a separate charge from violating the probation. There is a good chance that if a person is violated for his probation that the probation which was originally not a conviction will now ripen into a conviction.
A probationary period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble!
A person can also be violated for his probation for various infractions that may not be criminal acts but that violate the conditions of probation such as not keeping probation informed of new adresses, leaving the state without permission, not paying court costs or restitution, not properly reporting to the probation officer, etc. When a person is under probation in Rhode Island he or she is essentially is in a contract with the state to keep the peace, be of good behavior and comply with the conditions and rules of probation.
What is a probation with a suspended sentence in Rhode Island?
If the charges are serious or the person has a lengthy criminal record of has already been placed on probation before then in addition to the probation, the judge may attach a suspended sentence. A person who has a suspended sentence is in a period of extreme risk because a new offense could lead to substantial jail time!
A suspended sentence is always a conviction under Rhode Island law. A person with probation and a suspended sentence attached will not spend anytime in prison unless the person violates the conditions of his probation as set forth above.
The period of the suspended sentence is the most time that a person could spend in prison if the person violates the conditions of the probation or commits a new offense. If the person violates the probation, the judge could sentence the person up to the amount of time that is suspended. Please note that the person could get additional sentence and or penalties as a result of the new charge. It is in the defendants best interest to have the period of suspended sentence to be as short as possible. The suspended sentence typically is for the same amount of time as the period of probation.
Please note that if the offense is driving on a suspended license there are special rules that apply that are set forth in the statutes.
Most prosecutors and judges believe that each sentence should be more severe then the last. A person's first minor offense is likely to lead to only a filing which is the lowest form of penalty in Rhode Island. A person usually will only be allowed one filing.
It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island lawyer.
Rhode Island criminal, dui, divorce, family law, and personal injury law lawyer, David Slepkow has been practicing law for ten years. You can contact David at http://www.slepkowlaw.com or by calling him at 401-437-1100. David Slepkow is a lawyer and partner at Slepkow Slepkow & Associates, Inc. in East providence, Rhode Island. Slepkow Slepkow & Associates, Inc. was established in 1932 and is currently celebrating its 75th anniversary! Attorney, David Slepkow is a member of the Rhode Island (RI) and Massachusetts (MA) Bar Association. David offers free initial consultations and accepts all major credit cards. If necessary, David can arrange weekend and evening consults. David never charges any fee for personal injury case, automobile / auto/ car accidents and slip & fall cases unless sucessfull. David Slepkow is a member of the Family Law Inns of Court and the Rhode Island Trial Lawyers Association. David Practices in the following areas of law: criminal law, DUI & Breathalyzer refusal, divorce & personal injury.
http://ezinearticles.com/?Criminal-Misdemeanor-Law-in-Rhode-Island-(RI)---Plea-Agreements---Sentencing-and-What-is-a-Conviction?&id=519372
Tuesday, July 24, 2007
Monday, July 23, 2007
How To Incorporate Yourself Without a Lawyer
You could save hundreds of dollars by incorporating yourself without a lawyer. How? Is it advisable to do so?
1. This is Not Legal Advice!
The only ones who should be giving legal advice are those licensed to practise law (in other words, only lawyers). This article is not legal advice. If you need legal advice, consult a lawyer.
This article is being written simply to inform you that it is possible to form a corporation or limited liability company without a lawyer.
2. Why Use a Lawyer?
First of all, if you make a mistake incorporating yourself, who do you sue? You only have yourself to blame. On the other hand, a lawyer has insurance to cover errors and omissions.
Secondly, you could benefit from the expertise of your lawyer. Perhaps a corporation isn`t the right vehicle for you under your circumstances. Be aware that there can be disadvantages as well as advantages to incorporating. Your lawyer can consider commercial law, securities legislation, limited liability, tax factors, estate planning, share structure, and a myriad of other business considerations. Sometimes the advice of a good lawyer can save you thousands of dollars.
3. Is it Advisable to Incorporate Yourself?
Is it advisable to perform surgery on yourself? It is illegal to perform surgery on someone else unless you are licensed to practise medicine, but perhaps in a wilderness survival scenario, self-surgery might be your only option. However, is performing surgery on yourself really a good idea in most instances?
Likewise, just because it is possible to incorporate yourself without a lawyer doesn`t mean it is always a good idea.
In some jurisdictions, only lawyers can incorporate others. For a paralegal or other person to incorporate a company for you could be considered unauthorized practise of law. Thus, it may be legal to incorporate yourself but not others.
Some factors you might consider are: Am I really that short of cash that I can`t spend the extra money for good legal advice that may save me thousands of dollars? Am I confident that my situation is one that really doesn`t need the services of a lawyer to incorporate? Can the money saved on legal fees be better utilized in financing other aspects of my business?
Each person will have to make their own decision on whether or not to seek the services of a lawyer in forming a corporation.
"He who has himself as a lawyer has a fool for a client." I have often thought that perhaps a law firm originated this common expression.
4. How To Incorporate Yourself
Many books have been written by lawyers on how to incorporate yourself.
For example, in Canada, M. Stephen Georgas, LL.B., has written books on the subject of forming your own corporation. Published by International Self-Counsel Press Ltd., he has authored "Incorporation and Business Guide for Ontario" ("How to form your own corporation Includes tax advantages to incorporating") and "Federal Incorporation And Business Guide" ("How to form your own Federal corporation under The Canada Business Corporations Act").
The same publisher sells forms and minute books as well as titles for incorporating in other provinces of Canada.
Forms, corporate supplies, name searches, and kits are available from legal stationers and other sources.
In the United States, there are likewise many manuals available for incorporating yourself in various states. "How To Form Your Own Corporation Without a Lawyer for Under $75.00" by Ted Nicholas is one such book.
Sometimes helpful information on this subject is available from federal, provincial and state governments for free or nominal cost.
You can sometimes locate incorporation manuals at your local library for free. Be careful. Legal manuals become outdated very rapidly. You might consider very seriously purchasing the most up-to-date manual available; it might also include helpful reference material on maintaining corporate minutes and other helpful suggestions on operating your corporation.
Buy the appropriate manual and supplies and then follow the instructions. With a little effort, you could save hundreds of dollars incorporating yourself without a lawyer.
http://ezinearticles.com/?How-To-Incorporate-Yourself-Without-a-Lawyer&id=166
1. This is Not Legal Advice!
The only ones who should be giving legal advice are those licensed to practise law (in other words, only lawyers). This article is not legal advice. If you need legal advice, consult a lawyer.
This article is being written simply to inform you that it is possible to form a corporation or limited liability company without a lawyer.
2. Why Use a Lawyer?
First of all, if you make a mistake incorporating yourself, who do you sue? You only have yourself to blame. On the other hand, a lawyer has insurance to cover errors and omissions.
Secondly, you could benefit from the expertise of your lawyer. Perhaps a corporation isn`t the right vehicle for you under your circumstances. Be aware that there can be disadvantages as well as advantages to incorporating. Your lawyer can consider commercial law, securities legislation, limited liability, tax factors, estate planning, share structure, and a myriad of other business considerations. Sometimes the advice of a good lawyer can save you thousands of dollars.
3. Is it Advisable to Incorporate Yourself?
Is it advisable to perform surgery on yourself? It is illegal to perform surgery on someone else unless you are licensed to practise medicine, but perhaps in a wilderness survival scenario, self-surgery might be your only option. However, is performing surgery on yourself really a good idea in most instances?
Likewise, just because it is possible to incorporate yourself without a lawyer doesn`t mean it is always a good idea.
In some jurisdictions, only lawyers can incorporate others. For a paralegal or other person to incorporate a company for you could be considered unauthorized practise of law. Thus, it may be legal to incorporate yourself but not others.
Some factors you might consider are: Am I really that short of cash that I can`t spend the extra money for good legal advice that may save me thousands of dollars? Am I confident that my situation is one that really doesn`t need the services of a lawyer to incorporate? Can the money saved on legal fees be better utilized in financing other aspects of my business?
Each person will have to make their own decision on whether or not to seek the services of a lawyer in forming a corporation.
"He who has himself as a lawyer has a fool for a client." I have often thought that perhaps a law firm originated this common expression.
4. How To Incorporate Yourself
Many books have been written by lawyers on how to incorporate yourself.
For example, in Canada, M. Stephen Georgas, LL.B., has written books on the subject of forming your own corporation. Published by International Self-Counsel Press Ltd., he has authored "Incorporation and Business Guide for Ontario" ("How to form your own corporation Includes tax advantages to incorporating") and "Federal Incorporation And Business Guide" ("How to form your own Federal corporation under The Canada Business Corporations Act").
The same publisher sells forms and minute books as well as titles for incorporating in other provinces of Canada.
Forms, corporate supplies, name searches, and kits are available from legal stationers and other sources.
In the United States, there are likewise many manuals available for incorporating yourself in various states. "How To Form Your Own Corporation Without a Lawyer for Under $75.00" by Ted Nicholas is one such book.
Sometimes helpful information on this subject is available from federal, provincial and state governments for free or nominal cost.
You can sometimes locate incorporation manuals at your local library for free. Be careful. Legal manuals become outdated very rapidly. You might consider very seriously purchasing the most up-to-date manual available; it might also include helpful reference material on maintaining corporate minutes and other helpful suggestions on operating your corporation.
Buy the appropriate manual and supplies and then follow the instructions. With a little effort, you could save hundreds of dollars incorporating yourself without a lawyer.
http://ezinearticles.com/?How-To-Incorporate-Yourself-Without-a-Lawyer&id=166
Friday, July 20, 2007
The Criminal Lawyer And The Law
We’ve all seen them, the TV crime programs in which a suspect is caught and brought first to jail, and later to trial. She or he is interrogated by the District Attorney and then counter-interrogated by his or her own criminal lawyer. Yet is this all there is to being a criminal lawyer? If you’re interested in the law, wish to go to law school, or simply require a criminal lawyer, this article may give you a few steps in the right direction.
First of all, while lawyers of all types are vilified greatly –we’ve all heard and told lawyer jokes like “What do you call a hundred lawyers on the bottom of the ocean?” (Answer: a good start). However, most people don’t realize that not only is the criminal lawyer’s job a difficult and important one, but these men and women that we’d like to see ‘on the bottom of the ocean’ are extremely educated and well- qualified professionals. In fact, every criminal lawyer –or solicitor in general, is a doctor; did you know that? All lawyers, to hold such a title, hold a PhD. In Jurisprudence.
After receiving their bachelor’s degree, they go on to at least 6 more years of schooling that will prepare them for the world of law. This includes learning public speaking, the art of dialog, usage and identification of sound logic and logical fallacies, as well as the history of the law and the many other aspects that go into becoming a barrister, as the British say.
The mind of the average criminal lawyer, especially, must be keenly penetrating, able to discern not only the textual “clues” of television detective-fame The criminal lawyer must also have an understanding of basic psychology to get at the truth of a criminal’s actions (especially if one goes to work for a district attorney’s office), as well as knowing how a judge and jury think.
In addition to all of these things, the bottom-line of such a lawyer is the ability to absorb and retain a multitude of facts. Thus, if law is your interest, you must begin to “learn to learn.” This is to say that you must have excellent concentration skills and be able to memorize large amounts of data and then utilize it effectively in debate, which is ultimately much of what court is –though with a procedural slant, of course.
If you are seeking a criminal lawyer, on the other hand, it is best to acquire one that has a great amount of experience; as with anything, the more experience, the better the chances of success. Many people may be able to afford only the court-appointed legal representative. If at all possible, avoid this option and hire a private solicitor. The fact is that court-appointed lawyers are overworked, underpaid, grow apathetic over time, and truly are rarely the best choice. Usually they work for the courts for one of two reasons: to truly help society, or because they couldn’t get a job at a decent law firm. The first option is rare to find and doesn’t guarantee competency; the second is ubiquitous, and not what you want if you desire to win your case. However, the choice is yours. Good luck.
http://www.add-articles.com/Article/The-Criminal-Lawyer-And-The-Law/16977
First of all, while lawyers of all types are vilified greatly –we’ve all heard and told lawyer jokes like “What do you call a hundred lawyers on the bottom of the ocean?” (Answer: a good start). However, most people don’t realize that not only is the criminal lawyer’s job a difficult and important one, but these men and women that we’d like to see ‘on the bottom of the ocean’ are extremely educated and well- qualified professionals. In fact, every criminal lawyer –or solicitor in general, is a doctor; did you know that? All lawyers, to hold such a title, hold a PhD. In Jurisprudence.
After receiving their bachelor’s degree, they go on to at least 6 more years of schooling that will prepare them for the world of law. This includes learning public speaking, the art of dialog, usage and identification of sound logic and logical fallacies, as well as the history of the law and the many other aspects that go into becoming a barrister, as the British say.
The mind of the average criminal lawyer, especially, must be keenly penetrating, able to discern not only the textual “clues” of television detective-fame The criminal lawyer must also have an understanding of basic psychology to get at the truth of a criminal’s actions (especially if one goes to work for a district attorney’s office), as well as knowing how a judge and jury think.
In addition to all of these things, the bottom-line of such a lawyer is the ability to absorb and retain a multitude of facts. Thus, if law is your interest, you must begin to “learn to learn.” This is to say that you must have excellent concentration skills and be able to memorize large amounts of data and then utilize it effectively in debate, which is ultimately much of what court is –though with a procedural slant, of course.
If you are seeking a criminal lawyer, on the other hand, it is best to acquire one that has a great amount of experience; as with anything, the more experience, the better the chances of success. Many people may be able to afford only the court-appointed legal representative. If at all possible, avoid this option and hire a private solicitor. The fact is that court-appointed lawyers are overworked, underpaid, grow apathetic over time, and truly are rarely the best choice. Usually they work for the courts for one of two reasons: to truly help society, or because they couldn’t get a job at a decent law firm. The first option is rare to find and doesn’t guarantee competency; the second is ubiquitous, and not what you want if you desire to win your case. However, the choice is yours. Good luck.
http://www.add-articles.com/Article/The-Criminal-Lawyer-And-The-Law/16977
Who Foots The Bill In A Criminal Injury Claim?
Injuries caused by perpetrated criminal activity are the most traumatic and complex injuries one can suffer from. These injuries tend to leave a permanent scar on the physique and psyche of the victim and his kin. In case head wounds are involved, the result may be permanent disability, physically or mentally.
It is very difficult to understand the state of mind of a victim of a criminal injury. Unless, one has gone through it, it is extremely difficult to assess the psychological stress, trauma and damage a victim suffers. Sympathizing with a victim will not heal the scars but will help him forget their depth over a period of time. Given these factors, the effort that has to go into a criminal injury claim should be the maximum. Each criminal injury case is unique in most ways and one has to deal with it in a unique manner.
Since a criminal injury’s effects on a victim’s psyche depend upon the victim’s mental make up, it is difficult to come to a decision on seeking a criminal injury claim. Raking it up in a court of law may even worsen the victim’s health further.
Most often, it has been observed that a victim favors to forget the incident and tend to put it behind instead if listing it as a criminal injury claim. This is because most victims feel that the situation may worsen. The criminal injury claims tend to be very raw and sensitive, due to the fact that the claims are to be made as soon as possible.
Having a caring and sensitive solicitor will be an advantage. It will also help if you know the solicitor on personal grounds or through your friends and family since it lends a factor of trust. The comfort level you share with your criminal injury solicitor will go a long way in turning around the whole negative aspect o the criminal injury into a positive and hopeful compensation.
Although the tendency to put the whole issue of a criminal injury on the back burner just to be comfortable with your mental state appears juicy, it is morally wrong to forget it and not file and pursue for a criminal injury claim. Being a victim is more wrong than victimizing since, you are opening the doors of encouragement to those who have hurt you the most and encouraging them to do more damage in the future.
Isolating the best and right criminal injury compensation solicitor and bringing those responsible to justice is the right and proper thing to do, as you are taking steps towards preventing them from criminally injuring others.
Turning from a victim to a victor, is just a question of winning the criminal compensation claim. Getting the criminal compensation claim you deserve can act as a turning point in your trying times, since it could heal a few psychological scars. The final outcome will of course depend upon your solicitor. Ask yourself the following questions:
• If someone you loved or cared for got hurt in a criminal activity, would you push hard to take the accused to court?
• If the victim was not agreeing and wants to put it behind, you know better since you cared and knew that their thought process is hindered or biased.
• Do you know that a compensation unpursued may be regrettable at a later date?
• Do you want to be just another victim, another on the long list, left to deal with the traumatic experience of criminal injury all by yourself?
The above questions and their answers will help you to think rationally in making you decision about pursuing a criminal compensation claim.
http://www.add-articles.com/Article/Who-Foots-The-Bill-In-A-Criminal-Injury-Claim-/14839
It is very difficult to understand the state of mind of a victim of a criminal injury. Unless, one has gone through it, it is extremely difficult to assess the psychological stress, trauma and damage a victim suffers. Sympathizing with a victim will not heal the scars but will help him forget their depth over a period of time. Given these factors, the effort that has to go into a criminal injury claim should be the maximum. Each criminal injury case is unique in most ways and one has to deal with it in a unique manner.
Since a criminal injury’s effects on a victim’s psyche depend upon the victim’s mental make up, it is difficult to come to a decision on seeking a criminal injury claim. Raking it up in a court of law may even worsen the victim’s health further.
Most often, it has been observed that a victim favors to forget the incident and tend to put it behind instead if listing it as a criminal injury claim. This is because most victims feel that the situation may worsen. The criminal injury claims tend to be very raw and sensitive, due to the fact that the claims are to be made as soon as possible.
Having a caring and sensitive solicitor will be an advantage. It will also help if you know the solicitor on personal grounds or through your friends and family since it lends a factor of trust. The comfort level you share with your criminal injury solicitor will go a long way in turning around the whole negative aspect o the criminal injury into a positive and hopeful compensation.
Although the tendency to put the whole issue of a criminal injury on the back burner just to be comfortable with your mental state appears juicy, it is morally wrong to forget it and not file and pursue for a criminal injury claim. Being a victim is more wrong than victimizing since, you are opening the doors of encouragement to those who have hurt you the most and encouraging them to do more damage in the future.
Isolating the best and right criminal injury compensation solicitor and bringing those responsible to justice is the right and proper thing to do, as you are taking steps towards preventing them from criminally injuring others.
Turning from a victim to a victor, is just a question of winning the criminal compensation claim. Getting the criminal compensation claim you deserve can act as a turning point in your trying times, since it could heal a few psychological scars. The final outcome will of course depend upon your solicitor. Ask yourself the following questions:
• If someone you loved or cared for got hurt in a criminal activity, would you push hard to take the accused to court?
• If the victim was not agreeing and wants to put it behind, you know better since you cared and knew that their thought process is hindered or biased.
• Do you know that a compensation unpursued may be regrettable at a later date?
• Do you want to be just another victim, another on the long list, left to deal with the traumatic experience of criminal injury all by yourself?
The above questions and their answers will help you to think rationally in making you decision about pursuing a criminal compensation claim.
http://www.add-articles.com/Article/Who-Foots-The-Bill-In-A-Criminal-Injury-Claim-/14839
Criminal Law is The Set of Acceptable Limits of Conduct in Society
Some people are unaware of the fact that there are different classifications of law. The law itself is broken down into different classifications and categories and each category covers an extensive array of laws and regulations. One such classification or category is criminal law. Criminal law itself is the set of acceptable limits of conduct in society. This is what people should and should not do. These are the rules and regulations that everyone in society is expected to follow. Criminal law itself does not demand that members of society perform any special acts; it outlines what they should not do. Each country has its own set of laws that people must follow. As well each country has its own set of punishments for those who break the law.
Criminal law itself consists of a variety of things. Criminal law consists primarily of the criminal laws themselves and the criminal procedures that must be followed. It also includes the legal rules defining criminal conduct and how it is punished.
Criminal law is also used to define what a crime is exactly. According to the criminal law, a crime is a wrong committed by a person against a state or federal government. Due to the fact that the crime is committed against all members of society and not just a particular individual or victim, the victim does not make the decision about whether or not to prosecute the criminal. A representative of the federal government or state makes this decision as laid out by the criminal law procedures for that state or country.
Under the classification of criminal law there are various types of crimes for which lawbreakers can be prosecuted. The first of these is felony. A felony an offense punishable by a term of imprisonment exceeding one year or by death. Another type of crime as described under the criminal law is a misdemeanor. A misdemeanor is a crime punishable by imprisonment in a county jail for up to one year or jail and fine. One of the more serious crimes that fall under the category of criminal law is assault. Assault is defined as an act that intentionally or recklessly causes another to apprehend immediate and unlawful personal violence.
http://www.add-articles.com/Article/Criminal-Law-is-The-Set-of-Acceptable-Limits-of-Conduct-in-Society/13009
Criminal law itself consists of a variety of things. Criminal law consists primarily of the criminal laws themselves and the criminal procedures that must be followed. It also includes the legal rules defining criminal conduct and how it is punished.
Criminal law is also used to define what a crime is exactly. According to the criminal law, a crime is a wrong committed by a person against a state or federal government. Due to the fact that the crime is committed against all members of society and not just a particular individual or victim, the victim does not make the decision about whether or not to prosecute the criminal. A representative of the federal government or state makes this decision as laid out by the criminal law procedures for that state or country.
Under the classification of criminal law there are various types of crimes for which lawbreakers can be prosecuted. The first of these is felony. A felony an offense punishable by a term of imprisonment exceeding one year or by death. Another type of crime as described under the criminal law is a misdemeanor. A misdemeanor is a crime punishable by imprisonment in a county jail for up to one year or jail and fine. One of the more serious crimes that fall under the category of criminal law is assault. Assault is defined as an act that intentionally or recklessly causes another to apprehend immediate and unlawful personal violence.
http://www.add-articles.com/Article/Criminal-Law-is-The-Set-of-Acceptable-Limits-of-Conduct-in-Society/13009
What Happens If The Police Don't Read Me My Miranda Rights?
I get a lot of questions about Miranda Rights, and several "what if" scenarios. People always send us questions to our Ask-A-Cop section concerning these, so I figured I'd give a little information on it. However, since I'm not in the business of helping people "get off," or "beat the system," I've decided to keep it somewhat general.
Miranda Rights or Miranda Warnings, the legal terms that came from the case in Miranda v. Arizona, instructs officers to allow a person to remain silent when they are accused of a crime. There are specifics as to when to give it, when not to, and when its not necessary.
It started when defense attorneys began challenging their clients statements that were made to police while in custody. In the past, police had no guidelines from the court as to how to obtain these statements, and as a result, some innocent people were making statements out of frustration, i.e. wanting to go home, hours of interrogation, etc. If the person admitted to a crime, it was a done deal. Their statements were used against them. Now however, courts have held that prosecutors cannot use statements resulting from custodial interrogation of defendants unless they (the police, prosecutor) can demonstrate the use of procedural safeguards "effective to secure the privilege against self-incrimination."
As a result, police officers now have to read you your rights when wanting to use your statements against you. However, on the other side of the coin, there are several loop holes where police don't have to read you your rights. In these areas, you are actually obligated to cooperate with police, or you could face more charges.
The Miranda Rights or Miranda Warnings are not word for word from state to state. However, their meanings are. Most would read as follows:
1. You have the right to remain silent, do you understand this?
2. Anything you do say may be used against you in a court of law. Do you understand this?
3. You have the right to consult an attorney before speaking to the police and to have an attorney present during that questioning. Do you understand this?
4. If you cannot afford an attorney, one will be appointed for you before any questioning. Do you understand this?
5. If you decide to answer questions now without an attorney present you will still have the right to stop the interview at any time. Do you understand this?
6. Knowing and understanding your rights as I have just explained them to you, are you willing to talk to me and answer my questions without an attorney present?
http://www.add-articles.com/Article/What-Happens-If-The-Police-Don-t-Read-Me-My-Miranda-Rights-/10898
Miranda Rights or Miranda Warnings, the legal terms that came from the case in Miranda v. Arizona, instructs officers to allow a person to remain silent when they are accused of a crime. There are specifics as to when to give it, when not to, and when its not necessary.
It started when defense attorneys began challenging their clients statements that were made to police while in custody. In the past, police had no guidelines from the court as to how to obtain these statements, and as a result, some innocent people were making statements out of frustration, i.e. wanting to go home, hours of interrogation, etc. If the person admitted to a crime, it was a done deal. Their statements were used against them. Now however, courts have held that prosecutors cannot use statements resulting from custodial interrogation of defendants unless they (the police, prosecutor) can demonstrate the use of procedural safeguards "effective to secure the privilege against self-incrimination."
As a result, police officers now have to read you your rights when wanting to use your statements against you. However, on the other side of the coin, there are several loop holes where police don't have to read you your rights. In these areas, you are actually obligated to cooperate with police, or you could face more charges.
The Miranda Rights or Miranda Warnings are not word for word from state to state. However, their meanings are. Most would read as follows:
1. You have the right to remain silent, do you understand this?
2. Anything you do say may be used against you in a court of law. Do you understand this?
3. You have the right to consult an attorney before speaking to the police and to have an attorney present during that questioning. Do you understand this?
4. If you cannot afford an attorney, one will be appointed for you before any questioning. Do you understand this?
5. If you decide to answer questions now without an attorney present you will still have the right to stop the interview at any time. Do you understand this?
6. Knowing and understanding your rights as I have just explained them to you, are you willing to talk to me and answer my questions without an attorney present?
http://www.add-articles.com/Article/What-Happens-If-The-Police-Don-t-Read-Me-My-Miranda-Rights-/10898
Considering Criminal Law?
If criminal law is your passion, there is little doubt that you will be well suited for the law arenas that it enforces. For those who are looking for a major, it is wise to study this area of the law. In criminal law, The People can punish the criminal based on what he or she has done against the state. There are often less indications of victims here, but more of rules being broken. Because in criminal law, the individual has broken the governing body’s law, he or she is required to face punishment from the government. There is no need to consent with the victim, should there be one.
Is criminal law the type of law you will pursue? If so, there is little doubt that you have many outstanding opportunities in the universities that you can attend to get your law degree. You will find that many of the schools will provide you with the most outstanding abilities to gain the knowledge that you need so long as you apply yourself. Criminal law is complex, detailed and very challenging. Yet, it can be passionate, profound and life changing as well. Criminal law is an amazing element in itself.
The first choice that you will need to make should you choose criminal law is which school you will attend. Because you will be studying at such a high level, you will want to choose carefully, considering what an excellent school would look like and do for your resume. If you do well at that school, it will even set you higher above the rest of students. Choose the school based on your ability to meet the school’s demands, your ability to afford it, as well as your ability to get into it as some are rather restrictive in who they admit. Criminal law school is an excellent choice. It is one that will serve you well for many years.
http://www.add-articles.com/Article/Considering-Criminal-Law-/399
Is criminal law the type of law you will pursue? If so, there is little doubt that you have many outstanding opportunities in the universities that you can attend to get your law degree. You will find that many of the schools will provide you with the most outstanding abilities to gain the knowledge that you need so long as you apply yourself. Criminal law is complex, detailed and very challenging. Yet, it can be passionate, profound and life changing as well. Criminal law is an amazing element in itself.
The first choice that you will need to make should you choose criminal law is which school you will attend. Because you will be studying at such a high level, you will want to choose carefully, considering what an excellent school would look like and do for your resume. If you do well at that school, it will even set you higher above the rest of students. Choose the school based on your ability to meet the school’s demands, your ability to afford it, as well as your ability to get into it as some are rather restrictive in who they admit. Criminal law school is an excellent choice. It is one that will serve you well for many years.
http://www.add-articles.com/Article/Considering-Criminal-Law-/399
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