Limiting Conditional Sentences

Saturday, June 13th, 2009

On Monday, a new legislation will be introduced in Vancouver House of Commons. This legislation announced on Saturday by Attorney General Rob Nicholson (Minister of Justice) would end conditional sentences given to serious crimes.

According to the bill, offenders committing serious crimes should receive an imprisonment term instead of a conditional sentence, which is usually less than two years of community service or house arrest. Nicholson said that previous attempts to introduce alike legislations did not push through in Parliament.

He said the government will submit the proposal on Monday. As a result, “this will restrict the people’s ability to obtain conditional sentencing. It’s also consistent with the efforts to increase the confidence of the public in criminal justice system. Likewise, it would ensure that criminals committing serious crimes will receive sentences commensurate to their actions,” he emphasized.

This proposed legislation is expected to pick up where the “Act to Amend Criminal Code” has left off. Previously, that bill aspired to remove conditional sentencing for offences with 10 years or more maximum sentence.

The 2006 legislation has been altered during the parliamentary process and a lot of serious offences that should be ineligible for conditional sentences proposed by the bill were removed. “So now, the new proposed legislation will hopefully make it clear to the courts which offences should not be eligible for conditional sentences,” Nicholson concluded.

Tags: attorney, conditional sentence, crime, Criminal, House of Commons, imprisonment term, legislation, Rob Nicholson, Vancouver
Posted in Criminal, Criminal News | No Comments »

No Place to Run for Criminals

Friday, May 22nd, 2009

According to federal legislation tabled on Wednesday, criminals who flee to another province will face charges as well. Finally, this proposed change would close a loophole allowing criminals to escape justice simply by leaving the place where they were charged. It’s one of the six updates to the federal crime laws announced by Stockwell Day, Vancouver’s International Trade Minister.

Jim Chu, Vancouver police, said that this is the most influential change in the police force. Currently, accused people on bail can just flee to another province so that the existing warrant will not be enforced. “Criminals need to be accountable to the crimes they commit. They need to know that they can’t escape,” he added.

Now the new offence makes fleeing a two year jail sentence. Also, the police can arrest them anywhere and send them right back to the province where the original charge came from. However, this does not include the funding for the transfer.

Day commented that because of this new law, “People will not be interested to leave. Otherwise, it will be a trip back home with added jail time.”

Another advantage of the new legislation is that police will find it easier to get an electronic warrant as well as to photograph and fingerprint people in custody before laying down charges. Attorney General Rob Nicholson also announced these changes in a recent news release.

Tags: attorney, crime, criminals, jail, Jim Chu, laws, Rob Nicholson, Stockwell Day, Vancouver, warrant
Posted in Criminal, Criminal News | No Comments »

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
Posted in Criminal, Defense lawyer | No Comments »

Police Officer Charged of Criminal Harassment

Thursday, May 14th, 2009

On July 17, a judge will sentence a regional police officer who is accused of harassing and stalking a woman and a 16-year-old girl. Jayson Doyle, a police force veteran for eight years, is charged with criminal harassment (two counts). The alleged crimes happened in between April 2006 to April 2008.

Prosecutor Alonzo Wright said that Doyle’s actions were reckless, “in fact, it made the two accusers very fearful.” On the other hand, defense lawyer David Bright defended his client by saying that prosecution was “taking a moral wrong and making it criminally wrong.” He said further that “My client is a married man and according to many people, what he did was morally wrong, but will it be legally wrong?”

In four days, Judge Robert Stroud heard 20 people’s testimony, including Doyle and the two accusers. The court heard that Doyle asked a woman to strip in front of a webcam. He also sent a 16-year-old girl a message on Facebook, called her at home and work, and parked across the street of her house to watch her.

When Doyle took the stand, he admitted that he crossed the line when he asked a woman to show her breasts on the webcam. However, he said he never threatened or pursued the woman. As for the teen, he said he thought she was 18 years old and denied that he’s harassing the girl.

Tags: Alonzo Wright, crime, Criminal, David Bright, Defense lawyer, Jason Doyle, lawyer
Posted in Criminal, Criminal News | No Comments »

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
Posted in Criminal, Defense lawyer | No Comments »

Sexual Harassment is a Crime

Wednesday, May 6th, 2009

Some sexually harassing behaviors are violations of criminal law. These can be made up of criminal stalking, attempted assault or assault, and criminal sexual conduct.

It would be good if the victim clearly articulates displeasure over another’s behavior. However, they don’t need to do that. Harassed individuals only need to report the harassment to their employer or police, trigger an investigation, and file a case if they want to press charges against their offender.

Also, take note that even distributing sexually explicit materials including jokes via e-mail or internet websites may constitute sexual harassment. But even if it doesn’t, these are so disruptive and unprofessional. They should warrant discipline from the employer.

In sexual harassment litigation issues, jurors often have strong views about these issues and they have certain expectations from the employers such as:

*Procedures must be in place and it should be in writing
*Such procedures must be followed
*Upon the victim’s complaint, adequate investigation should have been done
*There should be no retaliation to the victim
*The company should exercise fair and consistent treatment to all its employees.

Furthermore, the trial lawyer’s ability to prove or disprove harassment may be dependent on the following factors:

*Credibility of company witnesses
*Credibility of Plaintiff
*Timelines of complaint
*Ulterior motives
*Common sense
*Consistency
*Adequacy of company response
*External validation of behavior (such as when the plaintiff told others about the incident).

Tags: crime, Criminal, criminal law, sexual harassment, trial lawyer
Posted in Criminal, Sexual Harassment | No Comments »

Help in Copyright Laws

Sunday, May 3rd, 2009

The copyright law (section 501) states that any person violating the exclusive rights of the author infringes the copyright of that author. Section 106 in the same law explained that the owner has the exclusive right to:

• *Display copyrighted work publicly
• *Perform the work publicly
• *Distribute copies of this work to the public through lending, lease, rental, sale, or other transfer of ownership
• *Prepare derivative works based on the work
• *Reproduce the work in copies
• *Perform the work publicly (in case of sound recordings) by means of digital audio transmission.

If you engage in these activities without obtaining the permission of the owner, then you committed a crime and are liable for infringement. To makes sure that you are not breaking this law, consult with the Copyright office. This office serves as a primary place of record where anyone can register claims to copyright and record documents related to copyright.

On the other hand, if you believe that your copyright has been infringed, you may file a criminal lawsuit and contact IP (Intellectual Property) Program of FBI (Federal Bureau of Investigation). It’s recommended that you seek legal advice from a copyright attorney (one who specializes in arts, intellectual property, or entertainment law matters) and discuss your legal options.

Tags: attorney, copyright attorney, Copyright Law, Copyright office, crime, Criminal, FBI, infringement, IP, law, legal advice
Posted in Copyright Law, Criminal | No Comments »

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
Posted in Criminal, Defense lawyer | No Comments »

Importance of Criminal Law

Tuesday, April 28th, 2009

The public’s familiarity with criminal law usually comes in fragments – from books, television, and movies. However, when real issues come, we still need to seek professional help. Ask a lawyer to understand the law, because ignorance of it excuses no one.

When it comes to criminal law, the government and society decide on certain conduct damaging to property or dangerous to citizens. It is labeled as “crime” and committing it will result to fines or imprisonment. For example some cities may proclaim that smoking in public is considered as a crime, while the federal government includes bank robbery in its crime list.

The whole system of criminal law pertains to investigation, arrest, conviction, and sentencing. People who play roles in this process consist of correction officers, probation officers, witnesses, judges, criminal defense attorneys, bail bondsmen, prosecuting attorneys, police officers, and the accused.

The outcome of the case would depend on the crime charged, strength of evidence, strategies and goals of defense and government, as well as the legal validity of courtroom procedure and law enforcement. These are possible outcomes:

• The criminal investigation ended without an arrest.
• The arrest occurred, but there was case dismissal because of illegal seizure of evidence (done by the police).
• The suspect was charged with a crime, but the person (though a lawyer) pleaded or bargained with the government to grant some form of leniency (like a lighter sentence for example).
• The suspect was brought to trial and was found “not guilty” by the jury or convicted by the jury and sentenced to a prison term.

Tags: ask a lawyer, crime, criminal law, lawyer
Posted in Criminal | No Comments »