Some Potential Outcomes of a Criminal Cases

Criminal
law is a branch of law which provides rules to control the crime
against the public. The term ‘criminal law’ is sometimes stated as the
‘penal law’ which shows the frame work of punishment for committing an
offense against the pubic authority. However, according to literature,
criminal law can be defined as the body of statutory and common law that
deals with the crime and the legal punishment of criminal offense.
Therefore, the most significant character of the criminal law is the
availability of a punishment for any offense.

In
general, every act against the public interest is considered a crime
and the government of the country takes the part of prosecution against
such offense. For example, murder is covered under the criminal law as
it is an offense committed against the public interest.

This branch of criminal law can be explained under two groups as ‘substantive law’ and the ‘procedural law’.

Generally,
substantive criminal law would be a statutory or written law which
defines the particular crimes. In the U.S, substantive criminal law had
been originated from a part of the common law which was later codified
in federal and state statutes. However, Substantive criminal law mainly
deals with the definitions of offenses which are covered by the penal
code. It speaks of the criminal offenses and relevant punishments due to
be issued upon the conviction.

Procedural criminal law on the
other hand establishes the set of rules for prosecution. It provides the
process which the case must go through. Hence, the procedural criminal
law is mainly concerned of the enforcement of the substantive criminal
law. Sanction is the significant feature of criminal law and it provides
a warning for the society about the consequences of committing a
criminal offence. However, in criminal law, it is well recognized
principle worldwide that the conviction can only be obtained when the
prosecution proves beyond a reasonable doubt that the accused indeed
committed the particular crime.

In practice, a prosecuting
counsel usually represents the aggrieved party on behalf of the
government by bringing a case against an accused. In every nation,
commission of crime is considered as a violation of public interest and
also an offense against the state. Therefore, the state representation
is more important to control the crime and to ensure the public
security. However, all the crimes are punishable by the sanction such as
fine and imprisonment. But every charge for a criminal offense may not
lead to a conviction. The outcome of a criminal case would depend on the
crime charged, strength of the evidence and the goals and strategy of
the prosecution and the defense.

Finally, some potential outcomes of a criminal case can be as follows,

* Law enforcement authority may fail to trace the suspect or investigation may end with no arrest.

*
Suspected person is arrested and charged with a particular offense or
offenses. When the accused is brought in to the court he may plea the
guilty for offense.

* Accused person is brought to court and
would plea the non guilty for the offense. Following a trial, he may be
found not guilty for the offense and accordingly acquitted by a jury.

* Accused is convicted for the particular offence or offences and sentenced with fine or imprisonment.

All About The Criminal Defense And The Criminal Lawyer

Civil law and criminal law are different. As far as the former is
concerned, disputes between individuals and organizations are dealt
with. But in criminal law is the law relating to crime. Criminal law
comes into picture, when welfare of public and society is endangered.
Breach of contract, injunction, tort and other personal injuries are
civil crimes. Tort simply means civil wrong. Offenses like riot,
kidnapping, manslaughter, sexual assault, threat to kill come under the
category of criminal offense.

An act done with the guilty intention makes a guilty
act. In the latin language, there is a maxim that brings a light on this
line. It is nothing but actus non facit reum nisi mens sit rea. When
the crime is committed, evidence are collected. Then the suspect is
arrested on the basis of evidence collected. When arrested, the accused
has the right to remain silent as anything said by him might be used
against him in the court of law. A criminal lawyer is hired by the
accused. Now the criminal defense comes into the picture.

There
are many advantages of hiring him. A skilled criminal lawyer is
experienced and knowledgeable. Which is why he is aware about the system
and how things work in the court room. He is required to have in-depth
knowledge of laws and legislation. He makes sure that his client does
not have to worry. He has to update himself with the changes in laws and
legislation. He needs to devote some time to keep himself abreast of
all developments. Having worked on many cases before allows criminal
lawyer to understand and build a connection with the people in the
court. Because of which, he can put forth his case in more comfortable
manner.

When
a person is accused of a crime, he approaches a professional criminal
lawyer, who represents him in the court of law. A professional lawyer
makes sure that his client is not being proved to be guilty in the court
of law by defending him in the best possible way he can. The success of
a lawyer, in this case, depends upon whether his client is proved to be
innocent or not. It is not at all necessary that the relevant parties
have to settle the matter in the court itself. They can also settle it
outside, provided accepted by jury. There should exist an agreement in
this context.

There are number of things that need to be taken
into consideration, before appointing a particular person to be your
representative in the court. The topmost of all is the experience of the
lawyer in handling such cases. It is a common sense that the newly
graduate should not be selected for representing the case. Giving an
opportunity to a lawyer, whose track record indicates history of loss is
certainly not a good idea. When an appointment is set with the lawyer,
it is very important to have a proper communication with him and discuss
matters thoroughly. This will enable the client to understand the
potential of the lawyer even more. A lawyer should discuss the strategy
of the case to the client openly. Further, he should keep his client
updated regarding the trial and outcome of the case. There are some
lawyers or firms that charge huge fees. In that case, other should be
considered.

Chicago Criminal Defense Lawyers – When do You Need Them

The crime of driving under the Influence(DUI) is considered a very
serious offense in the United States in general, and Illinois in
particular. If a person happens to be charged for DUI in Chicago, the
punishment is two-fold, first is the pressing of criminal charges on
you, followed by arrest, and second is the possible cancellation of
driving rights in Illinois. If the second charge is not dropped, it will
result in the driving license getting revoked, and can make life
complicated for the person charged with the crime.

It is therefore necessary that one of the many
Chicago drivers’ license attorneys is contacted to fight the case of
DUI, so that the charges are minimized to a large extent. The penalties
associated with DUI cases are severe, which can include a year’s jail
sentence and a harsh fine. It is therefore imperative to contact one of
the best Chicago driving license attorneys that you can, who is
experienced in preparing a defense for the criminal questioning that
will follow in a DUI case, both from state prosecutors and from any
victim’s lawyers.

There are instances when the offense or the
allegation is deemed to be criminal, and thus criminal charges are
pressed. The case is put on trial and the verdict of the jury is binding
on the defendant. In such cases, it is the best to hire one of the best
Chicago criminal defense lawyers to defend the case in front of the
jury and prove his innocence or get the sentence reduced to a minimum.
The crimes which are charged with criminal laws are categorized into
white collar crimes, which involve cases like tax fraud, ethics
violations, drug trafficking,sex crimesand the like.

If
the incident has occurred in the jurisdiction of Orland Park, then
similar charges are applied on the defendant, and he must therefore look
for one of the leading Orland Park criminal lawyers to defend him or
her in the trial against the state prosecution.

There are several
Orland Park criminal lawyers who have expertise in the aspect of
criminal law, and can therefore defend the client to the best of their
ability. The matteris similar in the case of the leading Chicago
criminal defense lawyers, if the crime were to occur in the jurisdiction
of Chicago.

Major Duties of a Professional Criminal Lawyer

Individuals who are caught in a criminal case are in need of an
experienced criminal lawyer to fight for their rights in the court of
law. A criminal lawyer is a legal representative who has gained
expertise in the field of criminal law and represents individuals
accused of various criminal offences. He is the only one who deals with
the different issues of the crimes with which the clients are charged.

Some of the major criminal offences that a criminal
lawyer handles include driving while prohibited, impaired driving,
administrative driving prohibitions, dangerous driving and various other
driving offences, spousal or domestic assault, communicating for the
purpose of prostitution, shoplifting, theft, marijuana grow operations,
etc.

Let us discuss about the duties of a criminal attorney in detail. Some of the most important duties include:

Interaction with the client

This
is one of the most important duties of a lawyer. The step involves
face-to-face interaction with the client. To meet and interact with the
client for discussing the case is extremely important, both for the
lawyer and the accused. It not only clears all the doubts of the case
but at the same time puts forward the negative and positive aspects of
the case in front of the accused.

Preparing the case

Preparation
of the case is also an important step. A criminal case is one of the
most serious cases among all. Thus, it demands prior planning and
preparation. A lawyer needs to understand the case and collect all
necessary details about it. Also, he prepares extra copies of all the
case documents. He handles all facets of a case and also hires
investigators for evidence collection and to prove his clients innocent.

Management of case

Another
significant duty of a lawyer is that of case management. This step
involves the arrangement of all essential paper-works, index
demonstrations and reviewing of communication details on a routine
basis.

Trial preparation

Trial preparation is also very important in case the discussions do not work out.

These
are some of the major duties of a criminal lawyer. For a powerful
representation in the court of law, an individual needs to hire an
experienced and skilled lawyer. There are plenty of attorneys helping
the accused in this direction. You can choose the reliable one after
considering his or her experience, dedication towards work and your
budget as well. Also, you can take help from internet in this regard.

How to Face Shoplifting Charges in Vancouver

Shoplifting is seen as a serious offence in most parts of the world.
In Canada, shoplifting is a criminal offence and calls for legal action
against the guilty. It is seen common in young culprits as well as
professional thieves.

Criminal Defence lawyers in Canada offer legal
services to individuals charged of shoplifting case. They offer
representation to individuals who are accused of shoplifting and theft.
They offer legal assistance and advice to the accused to prove their
innocence in the court of law.

A defence attorney is useful for
individuals facing shoplifting charges. Since, shoplifting is a criminal
offence, strict legal action is taken the accused and the guilty can
also be sent to jail. A criminal defence lawyer helps innocent
individuals in proving their innocence in case they are being framed or
wrongly accused. In most cases, these lawyers fight for reducing the
punishment of the accused to a bare minimum level.

In
case, one is facing shoplifting charges, he should immediately consider
hiring the services of an experienced criminal defence lawyer. The
lawyer will offer initial counseling, legal assistance in representation
of the individual in the court of law. Since it is a serious offence,
no stone should be left unturned in initiating a legal defence procedure
against shoplifting charges.

John Buchanan is an experienced
criminal defence lawyer based in Vancouver BC. He offers legal
representation to individuals accused of shoplifting and theft as a part
of his legal services in the criminal law domain. He has over 25 years
of experience in criminal law and has been serving clients in and around
the Vancouver region in BC. Apart from shoplifting, Buchanan offers
legal services in various other criminal offences as well. These include
Impaired Driving, DUI, drug abuse and possession of Marijuana and other
drugs, domestic or spousal assault, Theft, Fraud and others.

Online Criminal Attorney Laws Information And Archives

If
you are having to go to court due to a criminal law case, where you
have been wronged, and are looking for legal assistance, there are a few
things you need to bare in mind. You always want to pick a law firm
that offers security, stability and good hospitality. You need to feel
at home with your criminal law attorney, so that you can speak your
mind, and tell them each and every detail about your case. If you miss
out any details, this could really change the outcome of your case, and
you will regret it later, it’s best to give every piece of evidence
there is, so that justice can be served.

It
can sometimes be a great idea to learn some criminal laws in situations
that you think need legal assistance. If you research into these laws,
you will know if someone is committing and offence, and you can report
them, and if needs be take legal action. Then, when you approach a law
firm, you can give them a detailed explanation on what the offender has
been doing, and really boost your case into overdrive. Many people make
false claims, and get things wrong, and then spend lots of money at
criminal law offices trying to see if they have a case, instead of
wasting your money, look into some criminal law facts, so that you are
in a much better position, and less likely to waste any money.

The
sooner you seek legal advice, the better, as valuable pieces of
evidence are usually thrown away relatively soon after incidents. This
is through no fault of the victim, as they are unaware of the importance
of some things, and they may not be aware what evidences are available.
Things such as text messages, emails, phone calls, photos and other
means of contact, all display times and dates, these pieces on info
could be critical to your case, and if you get rid of them, that may be
the difference between defeat and victory for you.

There are many
places online that you can get the criminal law information you
require, but some places offer a bit more than mere facts, and these
websites are really handy when looking into real life situations, as
they could be relatable to your current situation. These websites will
have real case studies, and archives of articles that display previous
trials and cases, you can learn from these, and understand the right
steps to take, and the ones to avoid.

One
website which offers this information and more legal assistance is
Online Criminal Attorney Info. You get criminal law information,
articles and advice all from this one website. With realistic case
studies at hand, you can really begin to learn whether you have a case
or not without paying for legal fees. Then once you have made a
decision, you can contact a relevant law office.

Take a look at
the Criminal Attorney Info website right now, to educate yourself on
criminal laws, and if you think you have a case or not.

Understanding the Objectives of Criminal Law

Los Angeles is governed by different laws that guide its residents on what they should and shouldn’t do. Any violation of the law is punishable and the degree of punishment depends on the extent of the offense. Severe violations of the law that causes serious damages are categorized under criminal offenses. These are weighed by the jury using the guidelines of criminal laws.

Offenses that fall under criminal law are murder, theft, battery, and sexual abuse. Even aiding and abetting, burglary, and assault are considered criminal offenses in Los Angeles and in most part of United States. Criminal offenses are enforced with corporal punishments in different forms and levels.

Criminal law enforcement is commonly done by -balancing the scales-. This is due to the thinking that criminals have to suffer the same way that their victims did. For example, a murderer deserves to undergo death penalty to balance the scales. This enforcement objective is called retribution.

Another enforcement objective is called deterrence, whether individual or general. Individual deterrence aims to punish the sole offender, while general deterrence aims to punish a greater group of society to discourage others from violating the law. A criminal attorney in los angeles may also be handling a case in which the law enforcers aim to incapacitate the client. Incapacitation is the act of extracting the offender from the society through death penalties or life imprisonment.

A criminal attorney in los angeles may also encounter law enforcers who aim only to rehabilitate the offender. This applies to criminal cases brought about by a certain form of addiction of the offender. There is also another form of enforcement objective called restitution where the only aim is to repair the damage done. These may seem like subtle consequences, yet these cases still need the assistance of criminal lawyers.

A criminal attorney in los angeles handles these cases because of his or her expertise in criminal law. Criminal charges are filed in courts and undergo a long process of stressful court proceedings. Once an accused person is proven guilty, enforcement of criminal law is done for different objectives.

Understanding The Burden of Proof in a Criminal Trial

The
basis of the American Legal System, pertaining to criminal cases, is on
an oft-heard premise ‘innocent until proven guilty’. You may have heard
it, but to understand the meaning, interpretation and implication you
had better take help from a criminal law attorney. It is even more
essential when a criminal charge against you reaches trial.

The
premise gives rise to one important aspect – the burden of proof. It is
the responsibility of proving innocence or guilt of an entity before a
judge or jury. If you plead ‘not guilty’, the burden of proof is on the
prosecution. This means that the prosecution must prove your guilt
beyond a reasonable doubt at the trial.

The next question is
obvious – what is ‘beyond a reasonable doubt’. This does not mean the
establishment of the individual’s guilt beyond any doubt; rather it
implies that the evidence presented leaves no reasonable doubt as to the
individual’s guilt. In other words, there is no alternative possibility
in the dispute.

For a criminal case in Florida, usually the prosecution must prove two specific points –

Criminal act – this means that the individual accused did commit the act(s)
Criminal intent – this means that the individual had an intention to commit the crime(s)

In
certain circumstances, the burden of proof shifts to the defendant’s
side. This happens when you and your attorney decide to use an
affirmative defense strategy. In this situation, there is no challenging
the facts presented, but asking for excusing conduct because of certain
circumstances otherwise unlawful in nature.

Suppose you are
facing a trial on charges of drug crimes. If there was inducement by a
government agent/agency for you to commit the crime, you have the option
of raising the entrapment defense. Then it becomes your responsibility
to prove that without the presence of the inducement, you would not have
committed the crime.

As per Florida laws, if your Miami criminal
law attorney is capable of satisfactorily raising an affirmative
defense, and presenting enough evidence in this regard, the prosecutor
has to disprove it, again, beyond a reasonable doubt. However, handling
this requires thorough knowledge of the laws and experience in the
proceeding.

You need a capable criminal law attorney for defense.
Whether you are raising an ‘I didn’t do it’ defense or an affirmative
one, it would take legal knowledge and expertise to present it
successfully at a trial. This is the reason competent legal
representation is a requisite in such a case.

Questions You Must Ask Criminal Lawyers in Phoenix, Arizona

If you or one of your loved ones has been charged with criminal offence
it becomes vital for you to hire an experienced criminal lawyer in
Phoenix, Arizona. This is where the challenge starts as you need to hire
an attorney who has a proven track record. Though you can zero in on a
legal firm by gathering information about them from a website or some
referrals it is important for you to pose some questions before you rest
your case in their hands. Here are some of the important questions that
you need ask to such lawyers.

Robert J. Campos & Associates, P.L.C. (http://www.robertjcampos.com)
is one of the most reputed law firms in Phoenix, Arizona and has built
this reputation through dedicated service to its clients. They don’t
guarantee the outcome of the case but put in their best efforts to
defend the interest of their clients.