Criminal Defense
Misdemeanor
A minor crime (as opposed to a felony). A crime - less serious than a felony - which is punishable by fine or imprisonment in a city or county jail rather than in a penitentiary.
This term is used to express every offence inferior to felony, punishable by indictment, or by particular prescribed proceedings; in its usual acceptation, it is applied to all those crimes and offences for which the law has not provided a particular name; this word is generally used in contradistinction to felony; misdemeanors comprehending all indictable offences, which do not amount to felony, as perjury, battery, libels, conspiracies and public nuisances.
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Juvenile Justice
Young people in the society are not old enough to be punished for the crimes committed, they are said to be under aged and as such can not be responsible for the acts of crime. Any person under the age of 18 years is in this group. This is the reason for the establishment of juvenile justice; these are an embodiment of laws used to handle criminal offences committed by under aged people. Most of the juvenile justice issues are handled by the state and not the federal courts. In other words the laws of the state govern the implementation of juvenile justice. In recent times the rate of juvenile crimes are rapidly increasing and more teenagers are getting involved in acts of crime. Most of them get into drug crimes and robbery that in some states the juvenile courts are overcrowded, causing them to transfer some cases to adult courts. The major aim of juvenile justice is not to punish the youth but to rehabilitate them and bring them back into the society transformed. Sometimes, no matter how much therapy used on these young criminals they still remain the same or even become worst than they use to be. The way out in this case is to keep them locked up for life, especially when it has to with the case of murder or manslaughter.
A criminal is a criminal no matter the age, so when the therapies to rehabilitate a juvenile criminal is not working then that youth should be treated as an adult, by allowing him or her to face the punishment for the crime committed. Many young people are involved in drugs in the United States that is has become very important to increase the drug rehabilitation facilities as an avenue to save these teenagers and prevent them from getting into juvenile delinquencies. Most young people on the streets do not just sell drugs they take them and are seriously addicted to drugs, that the need to rehabilitate them becomes more necessary than causing them to face the punishment for the crimes committed. The important of drug rehabilitation is very crucial and this is seen in the amount of money the federal and state governments invest yearly in provided sufficient and adequate rehabilitation for drug victims. Facts and figures show that the youth are more involved in drugs these in the United States than adults. So, the greater part of juvenile justice concentrates on reform and rehabilitation than on penalty and punishment. As of now, eight out of every ten juvenile criminal is deeply involved in drugs. Increasing the need to really care for these young ones and keep the streets as safe as it can be for the sake of the youths - they are the future, the leaders of tomorrow.
Return to Criminal law page
Is DUI a Felony?
DUI is a charge of drunk driving, when someone is caught driving which so alcohol in the body system. Ordinarily the normal cases of drunk driving are not a felony, especially when no harm is done to anyone in the process. In law there are two classes of offenses, a misdemeanor and a felony, and the case of drunk driving can be either of the two classes based on the conditions surrounding the case. Generally, a misdemeanor is a crime committed that is not very serious in nature and the punishment attached to this is mild, usually one year or less in prison, a small fine can be paid to avoid going to prison. So, a normal case of drunk driving is a misdemeanor if no harm was done as a result. An example of this will be a case where someone attends a party and drinks too much, but still decides to drive himself home. While driving a police man on patrol discovers that the driver is driving recklessly and goes ahead to arrest him. If at the police station it is discovered that the driver has too much alcohol in the blood, he is accused by the law as a DUI, but in this case, the crime is a misdemeanor and does not attract serious punishment. On the other hand a felony is a serious crime that produces a sentence of more than one year in prison. So the big question is – when does DUI become a felony? DUI becomes a felony when the person involved has several records of a drunken driving offense, in this instance the next time he is caught driving in drunkenness, he or she will be charged of felony and this time around the legal proceedings will be much more serious attracting severe punishment in law. Dui becomes a felony when the drunk driving harms someone on the road as a result of his drunkenness. From the previous example, if the drunk driver returning from a party hits down a woman on the road, he is immediately arrested and charged with a felony in the court of law. The case will be tried in court and if he is convicted, a sentence of more than one year imprisonment is given. So, the seriousness of the drunken driving crime determines if it is a felony or not. The fact is that most DUI cases are usually misdemeanor and not felonies. There are cases where the driving license of the offender is retrieved from him to stop him or her from driving since he/she is so exposed to drinking. This is done to safe the lives of others the drunken driver can hurt or even kill as a result of his or her recklessness. There is no law stopping people from drinking but when one is drunk, they you should not drive. If you have decided to enjoy the pleasures of liquor to the extreme, then exclude yourself from driving and let other with sound minds do the driving.
Return to Criminal law page
Drug Charges
Drug charges are serious law charges that needs to be handled properly or the accused ends up in prison doing time, even if he/she is innocent. It is not a funny event at all to be arrested for a drug charge. These charges are of different nature and since they all attract severe punishment, care should be taken to get the right legal help or you end up messing up your life or that of your guardian, especially if you didn’t commit the crime fro which you have been arrested. It is always a devastating experience to be arrested fro any act of crime at all. The truth remains that some charges are not as serious as drug charges, all hands has to be on deck to get off the hook of a drug charge. To reduce the complexities involved in these charges, know all there is to be known about the legal stuff relating to this. The more you know the better advantage you have to pull the case in court.
First things first, we should know that there are various kinds of drug charges in the United States and the state where you reside goes a long way to determine the level of the charge and punishment. The major types of drug charges are possession and dealing charges, these two broad categories of charges involving the abuse of drug has a lot of other factors related to it. Possession is a drug charge involving the accused seen and arrested with drugs in his/her possession. This makes it necessary for us to avoid being in possession of drugs that are considered illegal. The level of punishment by law attached to the criminal act of possession is dependent on the type of drug found and the amount of this illegal substance found on the accused. If a hard drug like cocaine was found with an individual in a very high quantity, then this fellow can be busted for along time in prison, except the defense attorney handles the case perfectly. Dealing is another type of drug charge that can be leveled against a person found or arrested trading illegal drugs. The factors that determine the gravity of a dealing drug charge are, the type of drugs, whether the buyer is a major or minor, and the quantity of drugs sold is also considered. These facts determine the level of punishment for the crime. There are other salient issues critically viewed by the judicial process in a trial event for drug charges and the result of this analysis determines the acquittal or conviction of the accused, it also ascertains the degree of punishment sentenced. Facts like a history of criminal records in the past, the way of life of the accused are also considered carefully. There are many other facts the judge and jury considers before placing a final verdict on the accused during the trial proceedings in the court. Always get the best legal representative to handle charges like this, so that you can be acquitted if found innocent.
Return to Criminal law page
Assault / Battery
This is a link to an interview with one of my clients on KCRA news here in Sacramento.
KCRA News
http://www.kcra.com/video/20503619/index.html
Return to Criminal law page
Sex offenses
Sex offenses include criminal sexual behaviors such as prostitution or rape. The penalties for sex offenses can be serious and life-changing. Child molestation, child pornography, indecent exposure, rape, armed sexual assault, prostitution, solicitation of prostitution, voyeurism, or any other type of criminal sexual behavior is considered a sex offense if committed.
Consequences: Most sex offenses are considered felonies. Public indecency is a lesser sex offense, therefore is considered a misdemeanor. There are serious consequences to committing a sex offense. A person charged with a sex offense can face jail time, probation, parole, significant fines, registration requirements, loss of the right to vote or own a weapon, and social losses. Many sex offenses have no witnesses, so the decision rests on the strength of the evidence presented. False accusations may occur and it may be difficult to defend.
Return to Criminal law page
Restraining Orders A restraining order is a legal order issued by a state court, which requires one person to stop harming another person. Restraining order/protection order laws establish who can file for an order, what protection or relief a person can get from such an order, and how the order will be enforced. While there are differences from state to state, all protective order statutes permit the court to order the abuser to stay away from someone, their home, their workplace or their school ("stay away" provisions) and to stop contacting them. Victims generally also can ask the court to order that all contact, whether by telephone, notes, mail, fax, email or delivery of flowers or gifts, is prohibited ("no contact" provisions). Courts can also order the abuser to stop hurting or threatening someone("cease abuse" provisions).
Return to Criminal law page
Expungement
In the common law legal system, an expungement proceeding is a type of lawsuit in which the subject of a prior criminal investigation or proceeding seeks that the records of that earlier process be sealed or destroyed, thereby restoring the subject's name.
Return to Criminal law page
Fraud
In the broadest sense, a fraud is an intentional deception made for personal gain or to damage another individual. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and is also a civil law violation. Many hoaxes are fraudulent, although those not made for personal gain are not technically frauds. Defrauding people of money is presumably the most common type of fraud, but there have also been many fraudulent "discoveries" in art, archaeology, and science.
Return to Criminal law page
A minor crime (as opposed to a felony). A crime - less serious than a felony - which is punishable by fine or imprisonment in a city or county jail rather than in a penitentiary.
This term is used to express every offence inferior to felony, punishable by indictment, or by particular prescribed proceedings; in its usual acceptation, it is applied to all those crimes and offences for which the law has not provided a particular name; this word is generally used in contradistinction to felony; misdemeanors comprehending all indictable offences, which do not amount to felony, as perjury, battery, libels, conspiracies and public nuisances.
Return to Criminal law page
Juvenile Justice
Young people in the society are not old enough to be punished for the crimes committed, they are said to be under aged and as such can not be responsible for the acts of crime. Any person under the age of 18 years is in this group. This is the reason for the establishment of juvenile justice; these are an embodiment of laws used to handle criminal offences committed by under aged people. Most of the juvenile justice issues are handled by the state and not the federal courts. In other words the laws of the state govern the implementation of juvenile justice. In recent times the rate of juvenile crimes are rapidly increasing and more teenagers are getting involved in acts of crime. Most of them get into drug crimes and robbery that in some states the juvenile courts are overcrowded, causing them to transfer some cases to adult courts. The major aim of juvenile justice is not to punish the youth but to rehabilitate them and bring them back into the society transformed. Sometimes, no matter how much therapy used on these young criminals they still remain the same or even become worst than they use to be. The way out in this case is to keep them locked up for life, especially when it has to with the case of murder or manslaughter.
A criminal is a criminal no matter the age, so when the therapies to rehabilitate a juvenile criminal is not working then that youth should be treated as an adult, by allowing him or her to face the punishment for the crime committed. Many young people are involved in drugs in the United States that is has become very important to increase the drug rehabilitation facilities as an avenue to save these teenagers and prevent them from getting into juvenile delinquencies. Most young people on the streets do not just sell drugs they take them and are seriously addicted to drugs, that the need to rehabilitate them becomes more necessary than causing them to face the punishment for the crimes committed. The important of drug rehabilitation is very crucial and this is seen in the amount of money the federal and state governments invest yearly in provided sufficient and adequate rehabilitation for drug victims. Facts and figures show that the youth are more involved in drugs these in the United States than adults. So, the greater part of juvenile justice concentrates on reform and rehabilitation than on penalty and punishment. As of now, eight out of every ten juvenile criminal is deeply involved in drugs. Increasing the need to really care for these young ones and keep the streets as safe as it can be for the sake of the youths - they are the future, the leaders of tomorrow.
Return to Criminal law page
Is DUI a Felony?
DUI is a charge of drunk driving, when someone is caught driving which so alcohol in the body system. Ordinarily the normal cases of drunk driving are not a felony, especially when no harm is done to anyone in the process. In law there are two classes of offenses, a misdemeanor and a felony, and the case of drunk driving can be either of the two classes based on the conditions surrounding the case. Generally, a misdemeanor is a crime committed that is not very serious in nature and the punishment attached to this is mild, usually one year or less in prison, a small fine can be paid to avoid going to prison. So, a normal case of drunk driving is a misdemeanor if no harm was done as a result. An example of this will be a case where someone attends a party and drinks too much, but still decides to drive himself home. While driving a police man on patrol discovers that the driver is driving recklessly and goes ahead to arrest him. If at the police station it is discovered that the driver has too much alcohol in the blood, he is accused by the law as a DUI, but in this case, the crime is a misdemeanor and does not attract serious punishment. On the other hand a felony is a serious crime that produces a sentence of more than one year in prison. So the big question is – when does DUI become a felony? DUI becomes a felony when the person involved has several records of a drunken driving offense, in this instance the next time he is caught driving in drunkenness, he or she will be charged of felony and this time around the legal proceedings will be much more serious attracting severe punishment in law. Dui becomes a felony when the drunk driving harms someone on the road as a result of his drunkenness. From the previous example, if the drunk driver returning from a party hits down a woman on the road, he is immediately arrested and charged with a felony in the court of law. The case will be tried in court and if he is convicted, a sentence of more than one year imprisonment is given. So, the seriousness of the drunken driving crime determines if it is a felony or not. The fact is that most DUI cases are usually misdemeanor and not felonies. There are cases where the driving license of the offender is retrieved from him to stop him or her from driving since he/she is so exposed to drinking. This is done to safe the lives of others the drunken driver can hurt or even kill as a result of his or her recklessness. There is no law stopping people from drinking but when one is drunk, they you should not drive. If you have decided to enjoy the pleasures of liquor to the extreme, then exclude yourself from driving and let other with sound minds do the driving.
Return to Criminal law page
Drug Charges
Drug charges are serious law charges that needs to be handled properly or the accused ends up in prison doing time, even if he/she is innocent. It is not a funny event at all to be arrested for a drug charge. These charges are of different nature and since they all attract severe punishment, care should be taken to get the right legal help or you end up messing up your life or that of your guardian, especially if you didn’t commit the crime fro which you have been arrested. It is always a devastating experience to be arrested fro any act of crime at all. The truth remains that some charges are not as serious as drug charges, all hands has to be on deck to get off the hook of a drug charge. To reduce the complexities involved in these charges, know all there is to be known about the legal stuff relating to this. The more you know the better advantage you have to pull the case in court.
First things first, we should know that there are various kinds of drug charges in the United States and the state where you reside goes a long way to determine the level of the charge and punishment. The major types of drug charges are possession and dealing charges, these two broad categories of charges involving the abuse of drug has a lot of other factors related to it. Possession is a drug charge involving the accused seen and arrested with drugs in his/her possession. This makes it necessary for us to avoid being in possession of drugs that are considered illegal. The level of punishment by law attached to the criminal act of possession is dependent on the type of drug found and the amount of this illegal substance found on the accused. If a hard drug like cocaine was found with an individual in a very high quantity, then this fellow can be busted for along time in prison, except the defense attorney handles the case perfectly. Dealing is another type of drug charge that can be leveled against a person found or arrested trading illegal drugs. The factors that determine the gravity of a dealing drug charge are, the type of drugs, whether the buyer is a major or minor, and the quantity of drugs sold is also considered. These facts determine the level of punishment for the crime. There are other salient issues critically viewed by the judicial process in a trial event for drug charges and the result of this analysis determines the acquittal or conviction of the accused, it also ascertains the degree of punishment sentenced. Facts like a history of criminal records in the past, the way of life of the accused are also considered carefully. There are many other facts the judge and jury considers before placing a final verdict on the accused during the trial proceedings in the court. Always get the best legal representative to handle charges like this, so that you can be acquitted if found innocent.
Return to Criminal law page
Assault / Battery
This is a link to an interview with one of my clients on KCRA news here in Sacramento.
KCRA News
http://www.kcra.com/video/20503619/index.html
Return to Criminal law page
Sex offenses
Sex offenses include criminal sexual behaviors such as prostitution or rape. The penalties for sex offenses can be serious and life-changing. Child molestation, child pornography, indecent exposure, rape, armed sexual assault, prostitution, solicitation of prostitution, voyeurism, or any other type of criminal sexual behavior is considered a sex offense if committed.
Consequences: Most sex offenses are considered felonies. Public indecency is a lesser sex offense, therefore is considered a misdemeanor. There are serious consequences to committing a sex offense. A person charged with a sex offense can face jail time, probation, parole, significant fines, registration requirements, loss of the right to vote or own a weapon, and social losses. Many sex offenses have no witnesses, so the decision rests on the strength of the evidence presented. False accusations may occur and it may be difficult to defend.
Return to Criminal law page
Restraining Orders A restraining order is a legal order issued by a state court, which requires one person to stop harming another person. Restraining order/protection order laws establish who can file for an order, what protection or relief a person can get from such an order, and how the order will be enforced. While there are differences from state to state, all protective order statutes permit the court to order the abuser to stay away from someone, their home, their workplace or their school ("stay away" provisions) and to stop contacting them. Victims generally also can ask the court to order that all contact, whether by telephone, notes, mail, fax, email or delivery of flowers or gifts, is prohibited ("no contact" provisions). Courts can also order the abuser to stop hurting or threatening someone("cease abuse" provisions).
Return to Criminal law page
Expungement
In the common law legal system, an expungement proceeding is a type of lawsuit in which the subject of a prior criminal investigation or proceeding seeks that the records of that earlier process be sealed or destroyed, thereby restoring the subject's name.
Return to Criminal law page
Fraud
In the broadest sense, a fraud is an intentional deception made for personal gain or to damage another individual. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and is also a civil law violation. Many hoaxes are fraudulent, although those not made for personal gain are not technically frauds. Defrauding people of money is presumably the most common type of fraud, but there have also been many fraudulent "discoveries" in art, archaeology, and science.
Return to Criminal law page
