Privacy and Rights after a Criminal Conviction

Sunday, June 7th, 2009

Whether you have a prison sentence or just a payment of fine on your record, these are still histories of conviction. But even if you have been a convicted criminal, you still have privacy and rights under Human Rights act. In other words, others should respect your right to have a private family life.

First of all, you need to know that you’re obliged to declare your conviction record when you’re applying for a credit card, insurance, new home, or even a job. But after some time, you’re no longer required to do so (called the rehabilitation period). This period would depend on the sentence that you served.

Another thing is that you no longer have the right to request the destruction of data found during an investigation involving you – these are your DNA samples, photographs, or fingerprints. The police are entitled to retain samples and prints on these records since the 2001 terrorist attack.

Here are other rights after a criminal conviction:

· Rights to Privacy – the media must respect your private life because your name and details should be protected by Data Protection Act. You are entitled to contact a defense lawyer and sue if there’s any breach unless organizations or employers require these details when you’re applying for a loan or they’re hiring you for a “position of trust.”

· Rights to View your Prison Records – the prison office should provide you a copy of your records when you request it. You also have the right to correct any of the errors in it.

Tags: conviction, Criminal, Defense lawyer, Human Rights act, privacy, rehabilitation period, rights
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Still Getting Paid Even if Fired and Behind Bars

Friday, June 5th, 2009

Charlene Schmitz is already behind bars in a Tallahassee, Florida detention center. She’s serving 10 years for sending instant messages and texts to seduce a student (14 years old).

Although she has recently been fired as a reading high school teacher in Leroy, Alabama, she’s still collecting a paycheck. Schmitz is also appealing her firing and federal conviction. Moreover, pending state charges are filed in connection with her case. And under Alabama law, she’s entitled to her usual $51,000 a year salary while in the process of appeal.

School officials are unhappy because they have to pay not only Schmitz, but her replacement as well. The school has no choice but to obey Alabama Teacher Tenure Law – this protects tenured teachers from sudden and unfair firings. In 2004, a law change requires the school board to continue paying fired teachers until their employment appeals are decided by arbitrators.

Schmitz was found guilty by a jury on Valentine’s Day of 2008. She received two federal charges due to child enticement using electronic means and a 10-year sentence. Then in late March, the school board officially terminated her.

Henry Caddell, Schmitz’s criminal attorney, filed an appeal and said “Ms. Schmitz is still entitled to receive her pay until all of this is determined.” On the other hand, all the school board wants now is for an arbitrator to hear Schmitz case so that it can move on.

Tags: Alabama, Alabama Teacher Tenure Law, attorney, Charlene Schmitz, Criminal, criminal attorney, Florida, Henry Caddell, law, Leroy, Tallahassee
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Consider These Things before Hiring a Criminal Lawyer

Wednesday, June 3rd, 2009

When you’re facing criminal charges, it’s imperative that you consult the best criminal defense attorney immediately. If you have an aggressive and skilled lawyer on your side, it would spell the difference between a dismissed or reduced criminal charge and a prison sentence.

Before you hire a criminal lawyer, consider these things:

• *The sooner you hire an attorney, the better results you’ll get. The longer you wait; it’s possible that witnesses will forget exactly what happened and the more chances for the evidence to be contaminated.
• *It’s important to hire a lawyer that specializes in your specific crime.
• *Moreover, it’s critical that you get someone who’s familiar with local court procedures and customs where you were arrested. Local defense attorneys will have a better chance to lessen your sentence, reduce your charges, or negotiate a good deal.
• *Have an open communication with your lawyer starting from initial consultation so that you’ll have a realistic and clear understanding of your possible punishment. So make sure that you’re comfortable with your chosen lawyer before committing to move forward.
• *Don’t hesitate to discuss your case with a criminal defense lawyer even if you’re guilty. It’s highly likely that your lawyer can investigate your case details further and negotiate a favorable deal with the prosecutor.
• .

Tags: attorney, Criminal, criminal defense attorney, criminal lawyer, lawyer, prosecutor
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Tracking Microchips for Criminals

Tuesday, May 26th, 2009

Criminal attorneys and human rights advocates are caught up in a debate on how to administer justice to criminals without violating their human rights. They’re all aware of the Bill of Rights (Sixth Amendment) that states: “all those accused in criminal prosecutions shall enjoy the right to a public trial…..and have counsel assistance for his defense.”

However, the justice system is still grappling on what to do with repeat and violent offenders. This led to the suggestion of implanting microchips or radio frequency identification (RFID) tags in convicted criminals. This is in addition to using global positioning system (GPS) tracking devices.

GPS works together with aerial satellites, which are equipped with a receiver and transmitter. During the Cold War, it was invented by U.S. military to mobilize missiles and troops. When it was applied in law enforcement, officers were able to monitor a person’s movement 24 by 7. The subjects wear a removable PTU (personal tracking unit) and a non-removable ankle cuff (wireless) around the size of a huge wristwatch.

So instead of spending time in jail, the criminal attorney may accept a house arrest sentence with a GPS monitoring device. However, this would be an invasion of “the right to privacy and bodily integrity” as stated by the U.S. Supreme Court.

Tags: Bill of Rights, Cold War, criminal attorney, criminal attorneys, GPS, human rights advocates, PTU, RFID, Sixth Amendment
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Constitutional Issues on Search and Seizure

Sunday, May 24th, 2009

When you refer to the United States Constitution (Fourth Amendment), the “exclusionary rule” protects the public from illegal searches or seizures. Under this rule, any case evidence derived from such illegal search or seizure will be suppressed.

Therefore, this rule is specifically designed to deter possible unlawful police conduct. Also, it assures citizens that they have the right to be free from any unreasonable privacy invasion, even if they are criminal suspects. To a lesser extent, this rule is also designed to protect judicial process’ integrity from possible unlawful government conduct effects.

Remember that you’re never required to consent to any police search. Although sometimes, you may be threatened with detention, you still have the absolute right to decline the search. However, this would not mean that you have the right to physically stop a search if it’s lawful such as when the police have probable cause or they have a warrant of arrest.

Probable cause is when the police possess very strong evidence that you have committed a particular crime. Under Federal law, the police do not have to advise you of your right to refuse a search. However, under New Jersey state laws, the police should advise you of this right – otherwise, the search and seizure would be considered unlawful.

Immediately contact a criminal defense attorney if you’re a victim of an illegal search and seizure. To make it easier, you can search for hundreds of experienced attorneys online using attorney directories.

Tags: attorney directories, attorneys, Criminal, criminal defense attorney, exclusionary rule, Fourth Amendment, illegal search and seizure, laws, New Jersey, probable cause, United States Constitution, unlawful search and seizure
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You can plead “Not Guilty”

Wednesday, May 20th, 2009

Civil law involves a private law suit between several private entities while criminal law consists of criminals being prosecuted by the federal government for an act of crime. Most crimes consist of a mental state, an act, and the criminal’s intent to do any social harm.

Some crimes are just misdemeanors – less serious offenses normally punishable by fine such as petty theft, traffic violations, or possession of little marijuana. Felonies, on the other hand, are more serious offenses warranting imprisonment such as homicide/murder, rape, grand theft, or assault and battery.

If you committed a crime, take note that you can still plead “not guilty” even if you’re guilty. Criminal law states that you should be treated as innocent until proven guilty. Unlike civil law, where the plaintiff only need to show at least 51% liability, criminal law needs to prove to the jury or judge that the suspect is guilty “beyond reasonable doubt.”

Therefore, the sooner you bring a criminal defense lawyer into the case, the better. Don’t seek answers from prosecutors or police officers who don’t have a vested interest in your well-being. Most importantly, do not ever resort to a wait-and-see approach because it’s your freedom at stake!

Tags: civil law, crime, Criminal, criminal defense lawyer, criminal law, felonies, misdemeanors
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Defense for Drug Crime

Monday, May 18th, 2009

Federal drug crime defense is similar to a state drug crime defense. The only differences are in pre-trial motions and sentencing. One important factor to determine the seriousness of your drug case is through the quantity and type of the illegal drugs you possess. A few pounds is definitely more serious compared to a few ounces, a few ounces is graver than a few grams, etc.

Another factor to consider is whether you have prior criminal records. Accordingly, a felony probation record or prison sentence prior to the crime will potentially have greater punishment compared to a minor record of misdemeanors or a clean record.

Your criminal defense lawyer should understand the law of seizures and illegal searches. Because the first shot of defense in any drug case is the evaluation whether police have conducted an illegal search on yourself, your automobile, or your home.

Another line of defense is the accurate evaluation of the prosecution’s evidence. If it’s strong, then immediate steps must be done to build a stronger defense case. As such, your criminal lawyer must be skilled to work a plea bargain calling for dismissal of disqualifying charges or at least find an alternative that will qualify you for Proposition 36 or Diversion programs.

Tags: criminal defense lawyer, criminal lawyer, criminal records, drug crime defense, plea bargain
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Arrest: Beginning of the Criminal Justice Process

Tuesday, May 12th, 2009

An arrest occurs when someone is taken into custody and that person is prohibited to move about of leave. Sometimes the use of handcuffs or physical restraint is not necessary. An arrest is already complete when the police officer tells the suspects that they’re “under arrest.” So generally, an arrest can be described as a person’s involuntary or voluntary submission to a police officer’s exercise of authority over him or her.

A police officer can only arrest a person under the following circumstances:

• *The officer personally observed a crime – for example, the officer sees an actual purse snatching,   then he or she may arrest the purse-snatcher.
• *The officer has “probable cause” – when the officer has reasonable circumstances, facts, or belief that a particular person is about to commit or committed a crime, then that person may be arrested. For example, the officer received a call reporting armed robbery in a liquor store and then he sees the suspect with a gun and cash running down the street, then that man may be arrested.
• *The officer obtained a warrant to arrest – this is a legal document issued by any magistrate or judge to allow any officer to arrest the suspect.

If this happens to you, you can question the lawfulness of your arrest including the actions of the officer. However, this battle should be fought in court together with a criminal attorney rather than fight it on the street.

Tags: arrest, criminal attorney, criminla, custody, police officer, suspect
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Get your Defense for Murder

Thursday, May 7th, 2009

It’s against the law to kill another human being. This is called murder and if you are charged with this crime, the consequences are severe. While its exact definition varies depending on jurisdiction, many courts distinguish between a premeditated crime such as murder, to manslaughter, which is a less serious offense.

Those accused of murder may face severe punishments such as:

• -Fines and penalties
• -Life imprisonment either with/without parole
• -Death penalty

Punishment severity is also based on many factors including:

• -Status of probation/parole
• -Prior criminal convictions
• -Aggravating/mitigating circumstances
• -General community attitude towards the questioned crime

An aggressive and experienced criminal law attorney has a lot of defenses under his or her belt. As a result, the outcome of your murder case will improve. Some defenses that can be used in trial for a murder include: insanity, factual innocence, insufficient proof or evidence, or self-defense.

So if you or your loved one is charged with murder, it’s best to hire a criminal attorney who’ll aggressively defend your legal rights. If your attorney is good, he or she can devise many strategies to improve the case outcome like gather good evidence in your favor, negotiate alternative punishments, reduce your penalties, or even get your case dismissed.

Tags: attorney, crime, criminal attorney, criminal law attorney, defenses, murder
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Can you fight a “Disorderly Conduct” Charge?

Monday, May 4th, 2009

Imagine having barbecue with friends, eating well, and drinking beers. Then, while talking with several neighbors on the sidewalk, a police officer parked and told you that someone called regarding a “disturbance.” Before long, you are “taken into protective custody.” Also, you are issued a “public intoxication” misdemeanor citation.

What can you do in this case if you know that you’re not drunk and you’re not causing any disturbance? Well, you can ask a lawyer and turn to the law.

If you’re arrested in California, their Penal Code Section 647 concerning “disorderly conduct” states that anyone found under the influence of liquor in a public place may be put into civil protective custody. However, there should be conditions. The individual should be unable to care for his safety or for other’s safety, and interferes with the free use of a sidewalk, street, or any public way.

In the case above, there are many arguments to fight the charge. First of all, if you said that you were not so intoxicated, how did the officer conclude that you were? Did he perform any field sobriety tests on you? Remember that being “legally drunk” while driving is different from just talking with neighbors outside your house. So will your neighbors testify on your behalf?

Also, take note that a criminal conviction requires proof beyond reasonable doubt from a unanimous jury. If misdemeanor is your charge, then you can still reduce that to an infraction, upon advice of your defense lawyer.

Tags: California, Criminal, Defense lawyer, disorderly conduct, disturbance, infraction, law, lawyer, misdemeanor, Penal Code Section 647, public intoxication
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Your Employee’s Identity can be stolen

Saturday, May 2nd, 2009

Identity theft is a white-collar crime, and the fastest one growing across America. It has been affecting people in many ways. In fact, in the past five years, there were 30 million cases already reported – 9.9 million were committed only a year ago.

Even if the statistics are staggering, there is still an attitude of indifference, as if it will only happen to others. So what if it did happen to another person, but that person is your employee? What would be the potential costs or damages to your business?

Maybe these will not be obvious at first. But there are hidden costs involved such as reduced productivity, lost time, deteriorating quality, and lower morale.

So what can you do to help your staff? You could offer a plan to provide:

• Access to credit reports (including the spouse, if any)
• A criminal lawyer or private investigator tasked to restore the true identity of the victim
• Continuous electronic monitoring and notification of another attempt to commit a crime

Stories of innocent people who became victims of identity theft are all around. These thieves can use another’s identity, credit card number, or social security number to commit a crime. As a result, victims can be issued a warrant, arrested, or even put in prison until the true identity of the criminal becomes clear.

Imagine if your valuable employee is the victim. At best, he could be distracted just for a while. At worst, he could be costing your business a lot of money because of lost time and deteriorating performance.

Tags: criminal lawyer, identity theft, private investigator, white-collar crime
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A Task Force on Wrongful Convictions

Friday, May 1st, 2009

Jonathan Lippman, New York’s top jurist, created a task force permanently to examine wrongful convictions, as well as recommend action steps on how to minimize them. As his first major initiative, the state’s Chief Judge has selected lawmakers, scientists, defense lawyers, and prosecutors to be members of the task force.

In his interview, Judge Lippman said “We will take the raw material from New York criminal cases and from around the country too, for that matter. Let’s see what we can do to change the justice system.”

Recent spate of overturned convictions includes high-profile cases of Martin Tankleff, who was convicted of bludgeoning his parents; and Jeffrey Deskovic, who was convicted of raping and murdering his high school classmate. In fact, according to a report of New York Bar Association, there were 53 people exonerated in the state since 1964, half of them were absolved through DNA testing.

The founder of Innocence Project and a criminal lawyer himself, Peter Neufeld, said “This move was unprecedented. Actually, one of the problems with wrongful convictions is that nobody ever collects data on it.”

While a handful of lawmakers and court officials in other states have already set up task forces or commissions with the same objective, some experts say that the version created by Judge Lippman promises to be quite robust compared to the rest.

Tags: criminal lawyer, defense lawyers, Jeffrey Deskovic, Jonathan Lippman, Martin Tankleff, New York, Peter Neufeld, task force, wrongful convictions
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The Art of Bail Reduction

Thursday, April 30th, 2009

If the defendant wants to be set free while waiting for the next hearing, he or she can post bail. This deposit money is a guarantee for the court that the defendant will return for the next hearing to retrieve his cash.

The amount of bail varies from person to person. For example, if the defendant is rich, then a small sum won’t be enough incentive for him to return.

Moreover, there are cases when the bail is too high for the defendant to give. In this case, a criminal defense attorney can help lower the amount of bail. This can be arranged on a separate hearing with the sole purpose of requesting bail reduction.

Criminal attorneys are knowledgeable in presenting facts to the court. All they need is to prove that their client does not have the intention or motive to run away. After this, the court will determine the bail amount. Take note that this amount may change if there’s a change in the defendant’s circumstances. However, the court will not allow the bail option if the defendant is considered a danger to society.

Aside from cash, a bond may also be an option to post bail. However, it may end up more expensive in the end because bond companies typically charge huge interest rates.

Tags: bail, bond, criminal attorneys, criminal defense attorney
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Criminal Defense Lawyers: More than Witness Questioners

Wednesday, April 29th, 2009

People accused of crimes face the horrible possibility of spending many years in jail, sometimes even for a lifetime. However, if you will hire a good criminal defense lawyer, you’ll find someone who is committed to represent you all the way. He or she will negotiate with prosecutors and may be able to arrange for reduced charges and lesser sentencing.

Many people think that defense lawyers simply question court witnesses. Well, you might be surprised to know that this is not all that they do. Good criminal defense lawyers will also:

• Spend many hours to study your case.
• Gather information or data from prosecution witnesses.
• Hire investigators and manage them too. The objective of this is to impeach prosecution witnesses who change their stories during trial.
• Understand possible “hidden costs” if you plead guilty, which may not be thought of by a self-represented person.
• Familiarize themselves with local court procedures and customs which are not written down. They’re also familiar with many criminal law rules hidden in court interpretations of state and federal constitutions.
• Provide you with an objective reality check about your situation and the possible consequences if your case will go to trial. This is very important if you’re deciding whether to accept the “plea bargain” offered by the prosecutor.
• Formulate sentencing programs that can be tailored to your needs. This may help you avoid another brush with the justice system in the future.

Tags: crime, Criminal, criminal defense lawyer, defense lawyers
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