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 »

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 »

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 »

Get to Know these Alarming Criminal Law Statistics

Wednesday, April 15th, 2009

According to a study of UCR (Uniform Crime Reporting) conducted by DOJ (Department of Justice), BJS (Bureau of Justice Statistics), and FBI (Federal Bureau of Investigation), there are more than 14 million people summoned, cited, or arrested for a criminal offense every year in the U.S. This total includes over 1.5 Million property crimes and over 600,000 violent crimes. And this study does not even include traffic violations.

Criminal law defense actually refers to a legal argument from an entity or individual accused of violation concerning a municipal, state, or federal code of law. These entities or individuals may face severe penalties. That’s why these people will require the help of attorneys with extensive experience in criminal law to disprove their guilt or prove their innocence.

These offenses can include the following:

• · Misdemeanor/Felony charges
• · Parole/probation violations
• · Battery/assault/violent crimes
• · Embezzlement/financial or securities fraud
• · Tax fraud
• · White collar crimes
• · Burglary/robbery/theft
• · Drug offenses
• · Sex crimes
• · Domestic assault
• · DUI/DWI/DWID/OWI/OUI

Penalties for these crimes range from fines to prison. Capital punishment can also be ordered for heinous crimes. Take note that the severity of penalties and charges may vary depending on the jurisdiction. For example, if you have questions and concerns about criminal law in Alabama, you need to find Alabama attorneys who can assist you with any legal inquiries.

Tags: Alabama attorneys, BJS, criminal law, DOK, FBI, UCR
Posted in Attorneys in every State | No Comments »

Do you need to hire a Criminal Lawyer?

Tuesday, April 14th, 2009

When you are facing a criminal charge, even if it’s just minor, you would surely benefit from a lawyer who has experience in criminal law. These types of lawyers do not provide representation in court. However, consulting them would make you understand the plea bargains that will likely be offered, available defenses, and the consequences of conviction – in other words, the entire nature of the charges filed against you.

If you have a serious charge, you should definitely hire a criminal lawyer to assist you with pre-trial issues. They can negotiate plea bargains that may improve your situation significantly, or even result in dismissal of charges.

Unfortunately, finding a lawyer truly skilled in criminal law is not always easy. Here are some suggestions:

Lawyer Listings – You can find listings or directories in the internet that includes criminal lawyers.

Courtroom Observation – You can sit through public court sessions and note the names of criminal lawyers in that court.

Referrals – You can contact your relatives and friends to recommend criminal lawyers you can hire.

Professional Organizations – Some states and major cities have organizations made up of criminal lawyers. An American directory search online will also be very helpful to find these organizations.

Tags: American directory search, criminal law, criminal lawyer, lawyer listings
Posted in Lawyers Online | No Comments »

White Collar is a Corporate Business Crime

Tuesday, April 14th, 2009

Criminal offenses that occur in corporations or businesses include “white collar crimes.” These generally involve dishonesty or some form of fraud committed by an employee within the organization. Moreover, these are typically non-violent in nature such as money laundering, securities fraud, computer fraud, antitrust violations, or insider trading.

To prevent such crimes, businesses may impose safeguards or regularly audit their employees’ conduct. If you have a bank for example, banking transactions performed by the staff should be thoroughly checked to reveal unauthorized or questionable activities. Make sure that your records are preserved. In addition, frequently conduct an internal investigation to respond immediately to allegations or rumors.

So what can you do if your business is charged with this offense? The best way to diminish responsibility or avoid heavy penalty is to cooperate with the ongoing investigation. Especially if your corporation is subject to federal or state regulation, you should have appropriate investigatory mechanisms, reporting, and compliance.

A business can be charged under civil or criminal laws. It can face a civil suit when it failed to keep significant records, engaged in fraud, failed to report to the government, or other range of illegal activities. On the other hand, a criminal charge can be filed when the directors or managers themselves were involved or indifferent when it appears that the entire business has committed the crime. We recommend that you search for a corporate business lawyer who can help you face this situation.

Tags: criminal law, criminal lawyer, white collar crimes
Posted in Legal Tips | No Comments »