Wednesday 22 October 2008

It's Not Just the Godfather's Problem

Racketeering is not a common word. In fact, most Americans only hear the word in the context of late-night legal dramas, as actors portray DAs devoted to stopping the Mafia in cut-and-dried cases where guilt is obvious. Regardless of how it’s presented in the media, racketeering is a complicated allegation and a costly crime, impacting the financial security of millions of Americans, whether or not they’re aware of it.
The legal definition of racketeering is fulfilled when a group or organization that is centrally controlled, through a clearly hierarchical system, knowingly engages in criminal activity.
RICO--the short name for the legislation that governs racketeering investigations and prosecution—was passed in 1961 as the Racketeer Influenced and Corrupt Organizations Act. RICO’s primary area of concern is to break up organized crime, including protection scams, gambling schemes, or prostitution and theft rings disguised as legitimate business ventures. But these were not the greatest threat posed by organized crime; a more serious threat—the protection of American pensions--still flies under the radar of those who draw their knowledge of organized crime from movies like The Godfather.
Beginning in the early twentieth century, the membership of American labor unions grew extremely rapidly—and as membership soared, the amount of money funneled into retirement pensions and other employer incentives for those workers also increased dramatically. With millions of dollars up for grabs, organized crime and labor unions began a complicated relationship, with union leadership encouraged, coerced, and often threatened into handing pension management contracts off to Mafia interests.
RICO’s role has changed somewhat since 9/11, as it is now used to prosecute a wide range of criminal allegations in the federal government’s effort to stanch the flow of cash to terrorists. These prosecutions are typically viewed uncritically, and lauded as a valuable part of our defense against terrorism. Yet some critics, many of whom are criminal defense attorneys, insist that the current climate of absolute anti-terrorism hysteria contributes to a win-at-all-costs mentality, resulting in the prosecution (and sometimes conviction) of innocent individuals.
And the critics may have the data on their side. The Office of the General Inspector’s website offers the following numbers: racketeering cases referred for prosecution have remained basically stable from 2001 to 2005, while the number of indictments has shot up by more than 75%. Additionally, the number of cases actually prosecuted has increased by nearly three-fourths. It stands to reason that, if the number of allegations remains steady, the number of cases actually tried should as well; the statistics, then, indicate an obviously alarming trend.
This trend makes a cautionary point: as prosecutors move cases toward court with abandon, and jurors are deluged nightly with news about terrorist concerns, an experienced and effective white collar defense lawyers is absolutely necessary to any racketeering case.
Doug Slain is a sex crimes lawyer and sex crime criminal defense lawyer in San Francisco and Oakland California. To learn more, visit http://www.sexcrimescounsel.com
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Racketeering laws are being aggressively used to prosecute new crimes in the modern era. Critics allege that hysteria over terrorism has led to an abuse of existing statutes.
Doug Slain is a sex crimes lawyer and sex crime criminal defense lawyer in San Francisco and Oakland California. To learn more, visit http://www.sexcrimescounsel.com.

Tuesday 21 October 2008

All about Domestic Assault Lawyer

Taking The Help Of Minnesota Criminal Defense Attorney
The criminal defense attorney must provide a compassionate ambiance for the clients as they pursue their case aggressively for defense, freedom and acquittal. They must provide complete understanding of the different options available to them and the realistic outcomes that they can expect.
There are often cases of domestic violence that are brought about by your spouse of other member of your family. There could be a variety of domestic violence that could be charged against a person. These include restraining orders, Child abuse, Domestic abuse, Child endangerment, Spousal abuse and Battery.
This may lead to the person against whom the charged has been leveled to stay away from these people. In these cases the clients faces severe challenges as most of the time it is misunderstandings marital problems or false accusations that are the causes of these domestic violence. The verdict in these cases may result in destructive future reputation, as there are some uncalled-for allegations against the person being charged. In such instances, the domestic violence lawyer comes to much help as he or she strives to save the reputation of the client as well as the criminal record.
If one is faced with criminal offence of felony, it is wise to take the help of Minneapolis criminal lawyers. The domestic violence in Minnesota are charged as misdemeanor assault and battery. One may face penalties of misdemeanor assault if found guilty.
In addition to the criminal penalties, one faces the stigma and family consequences while the reputation of the person convicted is in jeopardy.
An experienced Minneapolis criminal defense must evaluate the true picture of the case. To go about it, the attorney must find the truthfulness of the incident, whether there has been filing of prior orders for protection, if the person concerned has any history of finding unwarranted OFPs or has the history to make false accusations.
If there have been charges of a serious assault, it could affect the individual devastatingly. In these circumstances, it is very important to contact immediately an experienced criminal defense lawyer. The lawyer must provide the individual with immediate advocacy and represent for the individual’s personal defense.
The assault charges that are leveled can be broken down into different categories. The first degree assault is those that inflict great harm to the body or use some deadly force. In the second degree comes assault made with some dangerous weapon. The third degree assault charges result from assaulting a minor or causing considerable body harm. The fourth degree assault is to assault an officer at the time of arrest. Domestic violence and abuse come under fifth degree. The first three degree assaults come under felony while the fourth assault is gross misdemeanor and the fifth assault is taken as misdemeanor.
The penalties in the case depend on the severity of injuries that has occurred along with the number of different offences committed by the individual. The defense lawyer must investigate, utilize the witness and suppress unlawful evidence to resolve the charges of assault leveled against the client.
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Taking The Help Of Minnesota Criminal Defense Attorney The criminal defense attorney must provide a compassionate ambiance for the clients as they pursue their case aggressively for defense, freedom and acquittal. They must provide complete understanding of the different options available to them and the realistic outcomes that they can expect.
Judith Samson is author of this article on Minneapolis DUI Lawyer. Find more information about Minnesota DWI Lawyer here.

Taking The Help Of Minnesota Criminal Defense Attorney

Finding a suitable Criminal defense lawyer in Minneapolis
People may need the help of the criminal defense lawyers in several situations of life. A person can be accused of crimes like domestic assault, theft, felony, drug charges, sex crimes and many others. Some people may also face drunken driving cases in their life. They may have to pay compensation to the victims and their cars can be forfeited.
The service of a criminal defense attorney is useful in saving a person from the legal charges slapped against him. If a person fails to prove his innocence in a criminal case, he may face severe consequences like imprisonment, fines etc. Above all such a person also faces tremendous mental agony and humiliation. His self esteem may take a nosedive in such situations.
Hence, a person accused of serious criminal offences should seek the best criminal lawyer to protect his legal rights. He should try to locate a veteran and reputed criminal attorney who has a successful track record to his credit. It would be advisable for him to talk with his friends and colleagues who have benefited from the services of a criminal attorney.
The residents of Minneapolis who have been slapped with criminal charges can search for veteran Minneapolis criminal lawyers in the Internet. One can search for a suitable lawyer using the popular search engines. Most of the lawyers are engaged with law firms that have their websites. A person can compare between several law firms before choosing a lawyer for his need.
A person looking for a reputed Minneapolis lawyer can resort to the services of Judith A. Samson. This law firm has years of experience in dealing with various types of criminal cases including the drunken driving cases. This lawyer provides compassionate yet professional services for his clients and tries his level best to get them justice. A person facing accusation in criminal cases can have a talk with this veteran lawyer for free of cost.
This Minneapolis criminal defense lawyer is known for his aggressive and logical litigation skills that can turn a case with low prospects of winning in to a successful one. A person who has been slapped with criminal assault charges may not be able to act logically because of his mental trauma and pain. This lawyer advises his clients regarding the ways to deal with police and administration properly. He also informs the clients about the available legal options for them.
This lawyer has in depth knowledge about the myriad aspects of Minnesota law and also has a thorough understanding of courts and their way of functioning. He interviews the clients in details for finding clues and proofs that may help winning their cases. The clients also learn about the existing legal rules about juvenile crime, drunken driving, family violence and many other subjects. If a person wants to find more information on the services provided by this law firm he can browse its site samson-law.com.
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Areas of Expertise of the Minneapolis Criminal Defense Lawyer Judith A Samson is one of the most famous Minneapolis criminal defense lawyers who function mostly in the Twin cities of Minnesota and Minneapolis. With experience of solid 10 years, to count for, Samson simply goes his best in all the cases he takes up. Like all the lawyers he definitely assesses the merits of the case before and warns the client against all the probable mishaps and discuses the most realistic outcomes.
Judith Samson is author of this article on Minneapolis Criminal Defense. Find more information about Minnesota Criminal Lawyer here

Boston Accident Lawyer - Aviation Lawyer - Los Angeles Criminal Lawyer 120

That's why it's crucial that you find a criminal defense attorney who is experienced in all facets of the appellate process. He or she becomes a person who seems to be protecting the accused or even trying to set that person free by producing evidence that contradicts what the prosecution has presented before a court of law. Fair in his dealings and will always be honest with the client on how the case is faring and what to expect. Pure lack of money could make a big difference to the outcome of the charged brought against you, and for many people this can change their lives completely.
In criminal cases the most important thing is to know your rights and options. These are what you should ask yourself if you are in the stages of hiring a criminal defense lawyer. Friendly with detectives, police, and other lawyers and can ferret out information that will help the case. They are more than willing to protect you, your family, your properties, your freedom, as well as your reputation.
So what is the role of a criminal defense attorney? He or she will hire investigators and check the truth of the case to verify if the accused is really guilty of the crime. But you've got to request for a mentor for that lawyer should you feel uncomfortable with him handling your case single-handedly. If the crime has been committed, he will formulate sentencing programs tailored to a clients specific needs, often helping defendants avoid future brushes with the criminal justice system. When it comes to finding a criminal defense lawyer Pennsylvania residents can enjoy a choice of lawyers with experience and expertise in criminal law.
And the expertise of a lawyer is usually either of the two. That's why it's crucial that you find a criminal defense attorney who is experienced in all facets of the appellate process. These are what you should ask yourself if you are in the stages of hiring a criminal defense lawyer. A person can be charged with a DUI (Driving Under the Influence) if they exhibit at least .08% alcohol per 100 milliliters in their blood or .08% alcohol per 210 liters of breath. A criminal defense attorney is there when times get tough to guide you through the legal process.
AppealsIf you are convicted of a crime, an experienced attorney can review the charges and trial to determine if there is cause for appeal. A great actor with emoting skills to gain the favor of the jury and convince them of his clients innocence or despair. Has he won a lot of cases lately? Do you have faith that he can take your case towards acquittal or settlement? A good criminal defense lawyer is a winning lawyer.
Although it is important to get the advice and expertise of a lawyer, hiring the services of a criminal defense lawyer in Pennsylvania could prove costly. But that requires quick thinking, a great knowledge of the judicial system and a top attorney. He will shoulder the responsibility of advising you on procedures and give recommendations on what is the best action or path to take. Criminal law involves prosecution of a person by the government body for an act that has been classified as a crime by the state laws.
In the legal world one aspect is more serious than others, criminal cases. The lawyer must know the inside out of the laws and comprehend clearly the intricacies of the case. Perhaps a sentence was imposed that was an abuse of the trial court's discretion, or a prior conviction was inappropriately used to justify a harsher sentence. A successful appeal could mean the difference between maintaining your livelihood and having to start your life over again in a new profession.Probation ViolationsYou can experience severe consequences if you are arrested while on probation or if you have violated your probation after conviction and a suspended sentence. What matters is the main person who will handle your case.
The ideal way to choose a criminal defense lawyer is to find out his reputation from unconnected sources, check out his rating, see whether you are comfortable with him and feel you can trust him with your innermost secrets. Legal advices and representations are what you require during these trying instances.
Better answer these questions right now, than do it when necessary, as you might not have time to prepare. This information is absolutely vital for defendants trying to decide whether to accept a prosecutors offer of a plea bargain. For the services of an experienced Portland criminal defense attorney, visit where the principal attorney has over 30 years of experience serving the people of Oregon. If the lawyer is passionate about his work and adventurous enough to seek new strategies and facts then you can be assured that the lawyer will do more than his best for you.
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That's why it's crucial that you find a criminal defense attorney who is experienced in all facets of the appellate process. He or she becomes a person who seems to be protecting the accused or even trying to set that person free by producing evidence that contradicts what the prosecution has presented before a court of law. Fair in his dealings and will always be honest with the client on how the case is faring and what to expect

What Is A Criminal Defense Attorney Doing?

Criminal defense attorneys must install unrecognizably into the minds of the jury any amount of reasonable doubt his client is guilty. Any small possibility the defendant is innocent of the crime is sufficient to swing a not guilty. This type of defense requires a specific and structured method of strategy. First the defense must make the prosecuting team turn over every piece of evidence, report and testimony in use on the case.
The evidence supplied by the police and the prosecution are aimed at conviction, therefore will eliminate all aspects useful to the client. The defense attorney must go back and look for possibilities that would have been likely to have been eliminated. Then the defense attorney will pour over it, looking for clues. It is important that the defense then conduct an investigation in order to disprove the evidence being used by the prosecution.
It is also important to research the law and look for any interpretation that will help the accused. Laws do sometimes change and the attorney must also be aware of them. Additionally, perhaps even more importantly, a good defense attorney will go over similar trial cases looking for precedents that will help his client. A defense attorney then has a stack of tools to use to defend his client; he will then assemble them into a story line, a motif, which will suit his client.
For example, a client arrested for possession, the defense motif may be that the drugs were not his. This is a simple motif and not usually the best angle, simply used here for example purposes. A good motif will be one that is engaging, interesting, believable and very uncommon while appearing to be irrefutable at the same time.
An attorney's client who was arrested for possession cannot possibly be guilty with evidence and testimony given that his client had that very day, that very hour, been through a high security checkpoint where drug sniffing canines were in use, and none were found on his client. A defense attorney will also file a series of motions whose purpose will be to expose every little thing the prosecution has and is planning on using. Once that is done, more motions will be filed in order try to dismiss as much of the prosecutions evidence as possible.
Preparing for trial means preparing for the worst case scenario as well as preparing clients and other witnesses. A defense attorney will give a second hard interview to his client in order to reveal any untold items the defendant may not have revealed. Throughout the trial, flexibility and fast thinking are paramount to a good criminal defense.
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Useful information when someone wants to hire a lawyer.
Martin helps people learn about law. You can read more of his work like his article about Finding a Criminal Lawyer in LA on his Criminal Attorney Los Angeles website.

Monday 20 October 2008

Criminal Defense Attorney

Nobody wants to be a criminal. Everyone knows it better that being a criminal will disturb one's personal life. A person is terminated from the job. The society will start looking at him with questionable eyes. US laws against crime are very strict. The punishment of any type of crime is very severe. The fines of all the crimes are unaffordable.

A person indulges in any anti law activity just because of the prevailing circumstances. Either he deliberately does the crime or does the crime due to mistake.
A person kills anybody in an anger or dispute.
Once a person was going somewhere with his friend in a train. On the way a dispute among them occurs. In anger one of them kills the other person. He didn't do the crime deliberately. In the similar way there was a person who was very poor, don't have money for the treatment of his mother and also to fulfill the basic needs of the family. In order to meet all these requirements he shakes hand with the criminal.

Crimes in US are categories as under:
1. Federal Crimes
2. State Crimes

Federal crimes:

1. The drugs related crimes like-growing of marijuana and selling of drugs
2. Medical related crimes
3. Fraud in credit card, insurance, bankruptcy e.t.c.
4. Immigration and
5. Smuggling e.t.c.

State crimes:

1. Drug crimes- sale and possession.
2. Theft crime.
3. Alcohol and license crime-Driving or boating under the influence of alcohol or driving without the license.
4. Sex crimes -prostitution, child abuse e.t.c.
5. Violent crimes -kidnapping, robbery, assault, bribery, corruption e.t.c.

Crimes are held due to mental tension, depressions or under stress. If you are in the shackles of any of the crimes the first step you must do is to hire a defense attorney so that you may come out of the situation. There are so many criminal defense attorneys in United States from whom you can take help. But the condition is that you should have perfect and clear knowledge about an attorney who is going to assist you in the case. Your attorney must investigate about your case personally. Attorney must be fully aware of your case. Things will go positive if he always keeps in touch with you and informs you about the weak and strong points of your case. You also work according to the guidelines given by the attorney. Only then the best outcome can be achieved. The cases of the criminals are represented in state court and in federal courts. The cases in both the courts are serious matter. The winning of your case depends 100% on the attorney you hired.

During investigation by the state or the federal government you must refer to your attorney before giving any statement and do accordingly. DEA, FBI, IRS are some of the investigating authorities. Attorney who is looking after your case must be experienced in handling case in both prosecutions. While choosing an attorney one must keep in mind the following points:
1. Well qualified in laws.
2. Bold and confident while in court.
3. He should be a great actor in order to gain the favor of the jury and to convince him about his client's innocence.
4. Has handled and won such type of cases.
5. Capable to find clues and facts.
6. Attorney must be honest with the clients.
7. Friendly with detectives, police, and other lawyers.
8. Lawyer should be bold and never be afraid of threats.

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About The Author:

The Abreu Law Firm is a full-service criminal defense firm. For more detail visit Miami Law Firms and Attorneys.

Trying to define criminal law

We hear about law everyday whether we realize it or not. It's in our Government, in our work, and even in our houses. One type of law is Criminal law, which is also known as Penal law. This is "The body of statutory and common law that deals with crime and the legal punishment of criminal offenses."

We hear about law everyday whether we realize it or not. It's in our Government, in our work, and even in our houses. One type of law is Criminal law, which is also known as Penal law. This is "The body of statutory and common law that deals with crime and the legal punishment of criminal offenses." Inside of criminal law there is four major theories of criminal justice: - Punishment - Deterrence - Incapacitation - Rehabilitation This form of law is essential in many cases because it can distinguis between crimes from civil wrongs. Criminal law has been around for ages, and is seeing as the fundamental system of regulating the behavior of individuals and groups relatively to what is defined as the social norms. This differs between civil crimes, where the difference is between two individuals and their individual rights and obligations under the law which is ruling the entire society. An example of a civil law case is a dispute between two individuals over a contract that they made to for example sell an automobile. In that case one individual feels that their individual rights for a fair automobile sale have been breached by the other party. Where as in a criminal case, you would have for example a murderer, who is infringing on the right of safety that we all have. Given those two examples I'm sure you can appreciate how important Criminal law is, and the important role that it plays in everyone of our societies.
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ABOUT THE AUTHOR


Feel free to reprint this article as long as you keep the article, this caption and author biography in tact with all hyperlinks. Ryan Fyfe is the owner and operator of Good Criminal Lawyer - http://www.good-criminal-lawyer.com, which is the best site on the internet for all criminal lawyer related informatio

Criminal Identity Theft - Don't Let Your Good Name End up in a Criminal Database!

Criminal Identity Theft - don't think it can't happen to you! Stolen identities have ended up in criminal databases. Learn how to protect yourself, and not become a victim

You're driving on road one night, then you notice there's a police cruiser following close behind you. You figure the cop just wants to pass you, so you move over one lane, except he moves over too and stays on your tail, then you see the flashing red & blue lights then "Woooop!!! wooooop!!!" You must be wondering why you were pulled over. You weren't speeding nor breaking any traffic laws and your tag is not expired. Maybe it's just a burned out taillight. "Sir may I see your driver's license and registration please." Then comes the shocker! "SIR... step out of the vehicle." You get patted down for weapons, drugs, etc.. "You're under arrest for outstanding warrants." On go the handcuffs "Zzzzkkkkkk! Zzzzkkkkkk!" "You have the right to remain silent..." By now, you must be thinking "OH S---!!!". "I've never been arrested in my life!" After you've been booked at the county jail, strip searched, fingerprinted, and maybe spent the weekend in the slammer, you go before the judge only to find out you're free to go, all charges dropped because it turns out you're not the person they were looking for.

Is this a case of mistaken identity, or more likely, a case of STOLEN IDENTITY, or criminal identity fraud. The most common scenario is during a traffic citation or misdemeanor arrest, the imposter fraudulently provides to an officer-of-the-law somebody else's identification, usually always that of a friend or relative, then skip town and simply not pay the fine or fail to make the required court appearance. Unlike financial identity theft, the victim is usually always known to the imposter. The judge will then issue a warrant for his arrest. In many cases, the imposter either stole or fraudulently acquired a phony driver's license or other ID, or simply "borrowed" the victim's name as an alias. The impostor is most often wanted on outstanding warrants for failure to appear. The victim is usually arrested during a routine traffic stop. This type of identity theft commonly occurs where the age and physical appearance of the two are similar. Police are tending to be much more cautious today in order to avoid false arrest lawsuits, but the system has a long way to go. Fortunately, unlike financial, criminal identity fraud is relatively rare.

In a few cases serious offenses such as DUI and felonies were committed in the victim's name and the person's name ends up in the criminal database system. The victim might in for a real shock when he is told he cannot buy a gun because he failed the instant background check, or is one day called into his boss's office, to be informed he is being fired because a criminal record showed up in a routine employee background check. In the end you probably wished this imposter were caught in Saudi Arabia where he would be sentenced to 100 lashes in the public square.

Unfortunately, the criminal justice system does not yet have a decent contingency plan in place to clear an innocent person's name. The burdon of clearing one's name lies mostly with the accused, sometimes with steep attorney's fees.

Procedures to clear your name from criminal databases varies according to state, or even individual counties. Some states already have special procedures in place for victims of criminal identity theft. Ask your state Attorney General's office.

If wrongful criminal offenses are linked to your name, first contact the original arresting police/sheriff's department who originally arrested the impostor, or else the court who issued the arrest warrant and file an impersonation report with them, and confirm your identity. Ask the police department to take your fingerprints, photograph you, and make official copies of your photo IDs, I.e.: driver's license, passport, etc.. To claim your innocence, ask the police to compare your fingerprints and photos with the imposter's.

Maintain a detailed log of all your phone conversions, paperwork, email messages, contacts, etc.. Keep a detailed record of all your expenses incurred. When writing the authorities you should always use certified mail with return receipt. Email is generally not considered secure for sending confidential private information, so it's not recommended if you can avoid it. The rule is never send out something via email that would not want to share with the public. Changing your social security number is rarely recommended as that usually causes more problems than it solves.

If the arrest warrant is from another state or county, ask your local police dept. to forward your impersonation report to the agency of the jurisdiction where the arrest warrant, traffic citation, or criminal conviction originated.

The police/sheriff's dept should recall any arrest warrants and issue you a clearance letter or certificate of release in the event you were arrested and booked. It's essential to keep this document with you at all times in case you might be falsely arrested again. Have official copies made at the courthouse, in case it gets lost. Ask the agency to file the record of the follow-up investigation establishing your innocence at the D.A's office and/or the court in the jurisdiction where the crime occurred. This will result in an amended complaint. Unfortunately once your name ends up in a criminal database, it's difficult to get it completely removed. Ask that the key name or primary name be changed from yours to the imposter's name, or else to "John Doe" if the imposter's true identity is unknown, with your name noted as an alias.

You will also want to clear your name within the court records. Determine which state law(s) will help you with this and how. If your state has no formal procedure for clearing your record, contact the D.A.'s office in the county where the case was originally prosecuted. Ask the D.A.'s office for the appropriate court records needed to clear your name. Unfortunately in some situations, you may have no choice but to hire an attorney to help you clear your good name. You may want to ask your state DMV if your driver's license was used by the imposter. Ask them to flag your files for possible fraud.

Overall, your best defense is prevention. Pick your friends carefully, and safeguard your drivers license, passports or other forms of ID.

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ABOUT THE AUTHOR


Fred Appleyard Jr. - Visit http://www.beyourowndetective.com to learn more about identity fraud and private investigation. Get the latest tools to help you conduct your investigations.

How To Choose A Self Defense Product

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Let’s face it, martial arts and other physical self-defense courses aren’t for everybody. They can be time consuming and expensive for some – and others may not be able to handle the physical strain of them. It is quite a commitment to learn a self-defense discipline, and that is often a commitment that cannot be made by some.

That’s why there is an increase in the use of self-defense products by people. Whether it is carrying pepper spray on a key chain for convenience, or a taser in your purse for that ounce of protection, self-defense products are another way to protect yourself in the face of danger.

Sometimes, the mere sight of a person carrying a self-defense product is enough to scare even the most stout-hearted assailant from your path, and provide you with enough time to get away and ward off the attack.

Here are some of the most popular types of self-defense products on the market, and a brief description of their use:

• Tasers – these lightweight and compact items can be carried and concealed in a purse or inside jacket pocket. These self-defense products will immobilize your attacker by injecting a high voltage into them when you touch them with it. It’s common name ‘stun gun’ is used because it stuns your attacker when you strike them with the voltage. This weapon is commonly used by security professionals to subdue criminals, but it does not carry enough amperage to inflict serious or permanent injury.

• Pepper spray – this is one of the most common self-defense products on the market today. You can carry a small and concealed pepper sprayer on your key chain, in your pocket, or in your purse or jacket. It is used by spraying your attacker in the eyes, creating an intense burning pain in the eyes. The active ingredient in many pepper sprays is paprika powder, which is highly abrasive and causes severe water and burning in the eyes. It is just enough to give you a moment or two to subdue your attacker and make a quick escape.

• SAP Gloves – Sometimes you are forced to fight back against your attacker, so why not have a little bit behind your blows. SAP gloves are commonly used by law enforcement professionals when the need for physical defense is called upon. High tensile steel has been sown into the knuckles of these gloves for added power to punches. They will quickly subdue attackers when they are struck, giving you a way to get out of the situation quickly.

• Electronic alarms – If you sense the presence of an attacker, you can simply and easily enact the alarm to send out a high-pitched and extremely loud siren that will alert others to your situation. The last thing an assailant wants is to attract attention to themselves, and increasing their chance of being caught. These are compact items that will often get you out of a situation before it arrives upon the actual point of attack.

• Pen Knives – these are pens that conceal a small knife inside when they are broken apart. You can carry these self-defense products and not have anyone even know you are carrying them. However, they can be extremely effective in the case of an attack.

These are some of the most common self-defense products on the market. Used effectively, they can save your life, and prevent you from getting any serious injuries. The best defense is to be prepared, and having any one of these self-defense products is going to increase your chance to ward off and attack, and give you the much needed opportunity to escape unharmed.

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ABOUT THE AUTHOR


Rob Goyette created about-self-defense.com to help educate those who want to walk the streets with confidence knowing they can minimize chances of attack and injury. Sign up for your free newsletter here:
http://www.about-self-defense.com

Defense Lawyers, Do You Need One?

Sometimes people end up in trouble and in need of a defense lawyer. If this is you, the first thing you need to do is find a qualified defense lawyer to pull you out of it. But, where will you look? Should you rely on the court appointed defense lawyers as your defense lawyers? Perhaps you are wrongly being accused, who is going to fight for your rights? Defense lawyers are quite in demand. No matter if a crime or wrongdoing was actually made or not, it is still important to have a defense lawyer present to help you resolve your case.

Defense lawyers are available to help just about anyone in just about any case. Let’s say that you are being accused of drug crimes. You will need a defense lawyer to help you win your case. Perhaps it is a case of being in the wrong place at the wrong time. Perhaps you were helping a friend. Perhaps you know that you did do the crime. In any of these cases you will need a defense lawyer to help you. You need that defense lawyer to sort through the charges, to understand your side, to interpret the meanings of the case. In serious cases like drug crimes, you may find yourself lost in what should be happening and who to trust as your defense lawyer. One way to get a better understanding about what drug crimes are and what defense lawyers do is to look online. Websites like www.thesmartattorneys.com express information about these situations in regards to defense lawyers.

Where will you find a defense lawyer then to handle this drug crimes charge? Who will you trust to do the best they can to help you get out of this situation? Defense lawyers are available in every state. But, when you do not know anyone, should you simply just open the phone book and pick a defense lawyer? You would not feel safe with your choice in a defense lawyer this way. Instead, use websites like www.thesmartattorneys.com to help you find qualified defense lawyers who truly want to help defend you against these charges.

No matter what the situation, whether it is drug crimes or something else, if you are in a situation and need a defense lawyers, you will have to do some research, find a reliable defense lawyer, and do your best to help them win your case. It is hard to say whether or not you have a case or not. Only your defense lawyer will know. But, rest assured that your defense lawyer will tell you how to act, what to say, and what to do to get out of your situation. Defense lawyers are invaluable resources in times of need like these.

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ABOUT THE AUTHOR


S A Baker is staff writer at http://www.thesmartattorneys.com

Personality Disorders as an Insanity Defense

The insanity defense (when a person is held not responsible for his criminal actions) rests on two pillars of evidence.

"It is an ill thing to knock against a deaf-mute, an imbecile, or a minor. He that wounds them is culpable, but if they wound him they are not culpable." (Mishna, Babylonian Talmud)

Some personality disorders are culture-bound. Critics charge that these "mental illnesses" mostly serve as an organizing social principle and are tools for societal control and coercion. But if personality disorders are not objective clinical entities - what should we make of the insanity defense (NGRI- Not Guilty by Reason of Insanity)?

The insanity defense (when a person is held not responsible for his criminal actions) rests on two pillars of evidence:

1. That the accused was unable to tell right from wrong ("lacked substantial capacity either to appreciate the criminality (wrongfulness) of his conduct" - diminished capacity).

2. That the accused did not intend to act the way he did (absent "mens rea") and/or could not control his behavior ("irresistible impulse"). These handicaps are often associated with "mental disease or defect" or "mental retardation".

Still, the "guilty but mentally ill" verdict appears to be a contradiction in terms. All "mentally-ill" people operate within a (usually coherent) worldview, with consistent internal logic, and rules of right and wrong (ethics). The problem is that these private constructs rarely conform to the way most people perceive the world. The mentally-ill, therefore, cannot be guilty because s/he has a tenuous grasp on reality. Mental health professionals prefer to talk about an impairment of a "person's perception or understanding of reality".

Reality, however, is a lot more shaded and complex that the rules that purport to apply to it. Some criminals are undoubtedly mentally ill but still maintain a perfect grasp on reality ("reality test"). They are, thus, held criminally responsible (Jeffrey Dahmer comes to mind). The "perception and understanding of reality", in other words, can and does co-exist even with the severest forms of mental illness. It is, therefore, not very helpful in distinguishing the criminally insane from the merely insane.

This makes it even more difficult to comprehend what is meant by "mental disease". If some mentally ill patients maintain a grasp on reality, know right from wrong, and can anticipate the outcomes of their actions, are not subject to irresistible impulses (the tests set forth by the American Psychiatric Association) - in what way do they differ from us, "normal" folks? Are personality disorders mental illnesses? Can someone with the Narcissistic Personality Disorder (a narcissist) successfully claim the insanity defense? Are narcissists insane?

This is the topic of our next article.

Click on these links to learn more:

The Myth of Mental Illness

The Insanity Defense

Crime and the Never repenting Narcissist

Serial Killers

Source: Free Articles from ArticlesFactory.com


ABOUT THE AUTHOR


Sam Vaknin ( http://samvak.tripod.com ) is the author of Malignant Self Love - Narcissism Revisited and After the Rain - How the West Lost the East. He served as a columnist for Central Europe Review, Global Politician, PopMatters, eBookWeb , and Bellaonline, and as a United Press International (UPI) Senior Business Correspondent. He was the editor of mental health and Central East Europe categories in The Open Directory and Suite101.

Famed Cowboy Criminal Defense Lawyer - Thomas C. Brooks Jr

Thomas C. Brooks Jr. Has been awarded Criminal Defense News Top Attorney Award. This prestigous award is bestowed upon Attorneys at Law who display distinguished service in the community. Criminal Defense News would like to encourage lawyers to share their leadership and communication skills with up and coming young attorneys. In this regard, Thomas C. Brooks Jr. has been exemplary.

On almost any morning, Attorney Thomas C. Brooks Jr. could be seen hustling from courtroom to courtroom at the Criminal Courthouse in downtown Brooklyn, juggling a heavy caseload.

A flambouyant and outspoken criminal defense lawyer, impeccably dressed sporting cowboy boots, buckle and hat, Thomas C, as he is called by his clients and friends is the epitome of New York City's New criminal defense attorney… he hates losing.

Along with a handful of other New York lawyers, Thomas C. mostly defends people facing serious criminal charges, such as drunk driving, domestic assault, theft, fraud and sexual assault. He is on the short list of attorneys who would take court-appointed cases in federal court. Thomas C. is well liked by prosecutors, judges , and other defense lawyers.

Mr. Brooks is in great demand as a political and legal commentator, and has appeared on hundreds of television and radio programs. Thomas received his law degree from the New England School of Law in Boston, Massachusetts and Served as the Editor in Chief of the New England Law Review, while in attendance. He currently resides in Brooklyn, NY.

Thomas said, as he accepted his award, "I believe the role of the criminal defense lawyer is to provide justice. ..." He thanked his father, Thomas C. Brooks Sr. for his unwavering faith in his decision to become a lawyer.

As Thomas C. Brooks Jr. climbed the courthouse steps, a defendant screamed, "Get Me, Thomas C!"

WEBSITE: http://criminaldefensenews.blogspot.com

Orange County Defense Attorney Firm

Orange county criminal defense lawyers play the dominant role in the market. Criminal lawyers play the essential role in the market and huge number of clients who are involved in the activity of criminal. The responsibility of criminal defense lawyers pertains to be higher. Orange county criminal defense attorney provides excellent services to the client for reasonable prices. Criminal defense lawyers are available in more numbers and they provide service with regards to proper guidance and profession. Orange county criminal attorney will handle all kinds of criminal cases of the state clients.

Criminal defense lawyers comes under different categories and they are categorized as Orange county DUI attorney, Orange county defense attorney, Orange county Burglary Attorney, Orange county DMV lawyer, Orange county Abuse attorney, Orange county dui attorney, Orange county Felony attorney, Orange county Drug lawyer and many other kinds of criminal lawyers are available in the market. Orange county criminal defense lawyers are licensed lawyers and they provide lawyer service. Each defense lawyers follows some of their procedures and finally makes the people to be relived of the crime. Criminal lawyers defend the criminals for reasonable and affordable price consideration.

Orange county criminal lawyer are available in all over the states and they all provide the excellent services either individually or group. Criminal defense lawyers team helps to defend the clients who are arrested has criminal under court of law. The arguments and proceedings of the criminal defense lawyer will be different from individual to another. With regards to various statute and laws of the state and federal government, criminal defense lawyer will handle the case differently. Generally, orange county defense lawyer should have obtained license in the state to perform the function of defense lawyer.

As per the responsibility, the orange county defense attorney will perform the service as per arrestment of the client for the criminal activity. When the client has been arrested for any accuse, then the client will be defined under category wise. In Orange County there are huge number of defense lawyers available and each attorney compete with each other. Defense lawyers are the person who represents themselves for the criminals or accuse and they works legally and lawfully for the clients of different states. Generally, defense lawyer satisfies the requirement of the client and enables the client to come out from the site.

Criminal Defense Attorney

There are many branches of law in the United States. For instance, civil law is the law as it pertains to personal relationships, unions such as marriage, and interpersonal situations such as personal injury cases. Criminal Law is the branch of law that seeks to define crimes - what a crime is, who the victim is, and who the perpetrator is. Criminal law can be divided into two sections, each section involving specialized lawyers, criminal defense lawyers. The first type of criminal law is criminal procedure. This subsection of criminal law defines how trials are to be conducted. Criminal procedure law dictates how claims are to be investigated and outlines how evidence must be collected.

Criminal procedure aims to maintain an orderly legal system that is most effective in the pursuit of justice in light of the truth. Criminal Defense attorneys who specialize in criminal procedure are very careful to review how evidence is collected. They will be very specific in regards to their client's right and privileges under the law. A criminal defense attorney will ensure that the ideal of "innocent until proven guilty" is maintained through the investigation and presentation process.

The second type of criminal law is substantive. Substantive criminal law focuses on crime and punishment. Criminal Defense Attorneys involved in the substantive area of criminal law will be working with individuals accused of a crime. They will begin work when sought out by a client accused of a crime or appointed by the court, as in cases of financial need. Criminal defense attorneys will meet with clients and hear the details of events from their point of view. Everything shared between a client and his or her criminal defense attorney is confidential. A criminal defense attorney will not turn a client in if the client admits guilt, but will continue to help the client achieve success in the courtroom.

A good criminal defense attorney understands that everything is relative. The law is not black and white, but leaves a lot of gray room for interpretation. A criminal defense attorney will gather all of the facts of the case, both from the client and from the state or federal investigators. Armed with the facts, a criminal defense attorney will begin to build a case that presents the client in the best possible light. IF the client is guilty, the criminal defense attorney will try to present the facts of the case in such a way as to maintain a doubt of guilt. The jury, as the criminal defense attorney knows, is instructed that a person on trial must be proven guilty and does not need to be proven innocent. They will begin to comb through possible witnesses and will divide witnesses into character witnesses and witnesses to the actual events in question. A criminal defense attorney knows that character witnesses to present the person standing in trial in a good light will go a long way in the minds of jury members.

When a criminal defense attorney is defending a client, they will also seek to ensure the punishment fits the crime if their client is found guilty. A criminal defense attorney will utilize relativity to demand proportionality of punishment to crime in their client's best interest. A criminal defense attorney stands by their client until the trial's end, ensuring the outcome is as favorable as possible for their client

Criminal Defense Attorney

You’ve seen them on TV in their black coats; the formidable forces of law, the strong and intense breed of professionals called criminal defense attorneys. Of course, going by the drama that plays itself out on TV, you would be forgiven if you thought that defense attorneys are always saving people involved in some bloodcurdling crime or the other. In real life however, that is not entirely true. In fact, a criminal defense attorney is a lawyer who represents any person accused by the law. Crimes may vary from kidnapping, murder and weapons trafficking to the more complex misdeeds like wire fraud, investment or bank frauds, counterfeiting and money laundering.



A good criminal defense attorney is one who has full knowledge of the law pertaining to the state he represents and has enough experience working with the federal criminal system. To begin with, the attorney sets out on a fact finding mission. Their first job is to collect as much information as possible, from the client and through various investigative agencies, if necessary. The client and his attorney form a team and for this team to work efficiently, the client has to repose complete faith in their attorney.



Many people who need the services of a criminal defense attorney make mistakes while hiring somebody for the job. Which is not surprising, considering that the need is urgent and there is little time to go through an elaborate selection procedure. However, there are certain ways in which you can ensure that you enlist the right criminal defense attorney:





Contact an attorney you have already worked with and ask them for recommendations or references.



Do not rush to hire someone you have worked with in the past. Before you hire an attorney you have worked with in the past, find out whether they are criminal lawyers. A lawyer who may have handled your divorce need not make a good criminal attorney.



Before hiring, make sure that the lawyer can handle the type of case you are involved in. Generally, not all criminal defense lawyers handle all kinds of criminal cases. In this context, it is better to approach a firm of lawyers, since they are more likely to have team members with the necessary expertise.



Many states have their own laws. Enlist the services of a lawyer who is an expert in your state.



If you are not hard pressed for time, visit at least a couple of lawyers before choosing. Stay away from lawyers who push you into a particular course of action. Hire a person whose approach is similar to yours.



Don’t be taken in by previous records of the lawyer you have chosen. A couple of wins in the past does not mean that he or she can win your case for you.









Choosing a criminal defense attorney wisely takes some time and research. However, when you consider the fact that your life or your life’s savings hang in the balance, the caution, research and footwork you do is definitely worth it.

Criminal Defense Attorney

Nobody wants to be a criminal. Everyone knows it better that being a criminal will disturb one’s personal life. A person is terminated from the job. The society will start looking at him with questionable eyes. US laws against crime are very strict. The punishment of any type of crime is very severe. The fines of all the crimes are unaffordable.

A person indulges in any anti law activity just because of the prevailing circumstances. Either he deliberately does the crime or does the crime due to mistake.
A person kills anybody in an anger or dispute.
Once a person was going somewhere with his friend in a train. On the way a dispute among them occurs. In anger one of them kills the other person. He didn’t do the crime deliberately. In the similar way there was a person who was very poor, don’t have money for the treatment of his mother and also to fulfill the basic needs of the family. In order to meet all these requirements he shakes hand with the criminal.

Crimes in US are categories as under:
1. Federal Crimes
2. State Crimes

Federal crimes:

1. The drugs related crimes like-growing of marijuana and selling of drugs
2. Medical related crimes
3. Fraud in credit card, insurance, bankruptcy e.t.c.
4. Immigration and
5. Smuggling e.t.c.

State crimes:

1. Drug crimes- sale and possession.
2. Theft crime.
3. Alcohol and license crime-Driving or boating under the influence of alcohol or driving without the license.
4. Sex crimes– prostitution, child abuse e.t.c.
5. Violent crimes –kidnapping, robbery, assault, bribery, corruption e.t.c.

Crimes are held due to mental tension, depressions or under stress. If you are in the shackles of any of the crimes the first step you must do is to hire a defense attorney so that you may come out of the situation. There are so many criminal defense attorneys in United States from whom you can take help. But the condition is that you should have perfect and clear knowledge about an attorney who is going to assist you in the case. Your attorney must investigate about your case personally. Attorney must be fully aware of your case. Things will go positive if he always keeps in touch with you and informs you about the weak and strong points of your case. You also work according to the guidelines given by the attorney. Only then the best outcome can be achieved. The cases of the criminals are represented in state court and in federal courts. The cases in both the courts are serious matter. The winning of your case depends 100% on the attorney you hired.

During investigation by the state or the federal government you must refer to your attorney before giving any statement and do accordingly. DEA, FBI, IRS are some of the investigating authorities. Attorney who is looking after your case must be experienced in handling case in both prosecutions. While choosing an attorney one must keep in mind the following points:
1. Well qualified in laws.
2. Bold and confident while in court.
3. He should be a great actor in order to gain the favor of the jury and to convince him about his client’s innocence.
4. Has handled and won such type of cases.
5. Capable to find clues and facts.
6. Attorney must be honest with the clients.
7. Friendly with detectives, police, and other lawyers.
8. Lawyer should be bold and never be afraid of threats.

Effective Self-Defense Weapons

In the midst of an unexpected situation when someone wants to harm you, your first instinct is to protect yourself from any danger that this person is planning to do. So when someone is threatening your life, you have to do anything possible to get yourself out of danger.

To avoid any situations that could risk your life, you need to follow the exact things that experts advise everyone to follow. First, is to stay away from possible places that prove to be dangerous like dark places. Always keep your senses on guard when walking. Be alert when someone is following you. Also, it would help if you are accompanied by your friends when walking in dangerous places. And because a growing number of Americans are realizing the importance of self-defense, the market now offers self-defense weapons and security products that could go a long way in keeping you safe from any harm.

Most of the self-defense weapons available today are fairly inexpensive and can be easily concealed. As compared to firearms, you do not need any license when carrying them as the use of these weapons is legal. These self-defense weapons are called non-lethal weapons since they could not seriously hurt or kill your attacker hence you are free from any criminal charges. Though you are the victim here, it is still not your right to put an end to the life of the perpetrator of the crime. Let justice do its course and punish the one guilty. Your main purpose of having a self-defense weapon is to protect yourself from harm and not to convict the criminals.

Moving on, the pepper spray is one of the weapons used of victims of robbery and other violent acts. This is mostly preferred by most women because this is small and can be easily concealed in your purse or handbag. Once this is sprayed in the eyes of the attacker, it could temporarily blind the person and allows you to escape from the criminal. Other effects of pepper spray are runny nose and coughing. Once this is sprayed, it will take full effect in a total of 45 minutes. This is enough time for you to run and go to the nearest police station to report such incident.

Other self-defense weapon that could save your life comes in the form of personal alarms. These create a loud noise and could draw attention to other pedestrians hence discourage the criminals from doing the crime. This weapon best works in a place crowded with people since many can hear the alarm. But if you are in a deserted place, this device proves to be futile so it would be best to look for other alternatives.

There are also stun guns that would be effective when escaping from a near-death situation. These electroshock weapons will temporarily paralyze your attacker through the high-power voltage. This weapon could even disguise as a cell phone, pen or even flashlights hence your attacker would not easily recognize that his acts would not materialize. With the many choices you have today, you just have to take your pick and feel secure even when walking alone at night.

If you are interested in defending yourself if attacked and want more information on nonlethal self defense weapons check out http:/www.safetyprotectiontechnology.com where they will help you choose the most appropriate for you. They carry all different types of self defense weapons like tasers.

Article Source: http://www.articleink.com

Florida DWI Defense: Your Basic Guide and Info For You Defense

If you ever get cited or have a Florida Dwi Arrest, there is a Florida Dwi Defense. Once you get charge for a druving while intoxicated in these state, you should take it seriously. The charge is a serious matter and should never be taken lightly. A Florida Dwi arrest has a lot of implications on your life as well as your livelihood. It can also affect your employment, your life, your personal freedom and of course your future. So getting a Florida Dwi Defense lawyer is a must.

Since the consequence of your state dui arrest is tantamount to a disaster. You need a quality or excellent lawyer or attorney to defend your rights and thereby protected. A quality attorney or lawyer should have a good understanding of Florida Dwi Laws and court proceedings. Hiring a quality Florida Dwi Defense lawyer can a difference in the outcome of your case.

Time is very critical if you have a Florida Dwi Arrest. With your drunk driving in these state, you could lose your license in as few as 7 days if you do not act immediately. A good or excellent lawyer could keep your drivers license and fight those costly fines and penalties. The lawyer could even help you avoid jail time as well. But this depends on a case to case basis. With the ever increasing fines, penalties, and jail times for drunk driving or driving while intoxicated, there is no doubt you need a good lawyer.

Once you hear the word attorney or lawyer, you get intimidated. But do not get intimidated with it. I know the first thing that comes to your mind is the cost. Not all good and excellent lawyers are only for the rich and famous. There are a lot of good affordable dwi or dui lawyers. Obtaining a Florida Dwi Defense legal expert to represent you in court is more affordable than you might think. In fact some if not a lot them do give some free consultations. They even give or offer flexible payment options if you cannot pay once in full.

Most of these law firms can be found online which is easier to contact or get in touch with. You may also find it more convenient since you have a lot of options of scouring the web to find which you may think may best suit your needs. What you need to look for is someone who is well verse and familiar with Florida laws and court proceedings. You may also check for their history and cases they have defended successfully. Also the rate of success defending their clients should also be check.

Just be beware of scammers who pretend to be good but actually lemon lawyers. Avoid them at all cost. Good lawyers do not give too fancy advertisement about their expertise. Their history proves who they really are. Always find the law firms that have extensive expertise on Florida laws and court proceedings.

Take your Florida Dui arrest seriously and obtain the best possible defender for your Florida Dwi Defense. It could make a difference on your life and future. Get smart and serious about and do not delay.

For Your DWI and DUI Problems and Your Info on Florida DWI Defense, Go to: http://www.lingwellness.com/floridadwiarrest.php

Article Source: http://www.articleink.com

When Does a Conspiracy Exist?

Of all criminal charges, the most intimidating can be federal charges. This is especially true when one is dealing with a federal conspiracy charge. Some may ask just want exactly is a conspiracy? A conspiracy exists when two or more people form an agreement to do some act or refrain from doing some act.

A conspiracy to commit a crime is a crime in and of itself, which means that conspiracy is charged as a separate offense and apart from the crime that the parties to the conspiracy conspired to commit.

There are several reasons for a prosecutor to charge someone with conspiracy, and despite the fact that the law defines conspiracy as "agreement" between two or more persons, only one person need intend to commit a crime out of the conspiracy.

Most federal statutes require that the government prove at least one of the co-conspirators committed an overt act during the course and in furtherance of the unlawful agreement. For example, an overt act is required for a conspiracy under 18 U.S.C. 371 (to commit offense against or to defraud the United States), 18 U.S.C. 1117 (to commit murder); 18 U.S.C. 1201 (kidnapping); and 18 U.S.C. 1751 (Presidential assassination).

However, an overt act is not required for 18 U.S.C. 241 (violate civil rights); 18 U.S.C. 2385 (advocate overthrow of government); 21 U.S.C. 846 (drugs); and 21 U.S.C. 963 (RICO).

In order to be convicted of a conspiracy the evidence must prove the defendant knew of the conspiracy, purposefully associated themselves with it and affirmatively cooperated in it, or at least agreed to cooperate in the objective of the conspiracy.

However, the law is established that mere presence at a location, even with knowledge that a crime is being committed there, is not sufficient to establish that a defendant was a member of the conspiracy.

The punishment for conspiracy laws is generally the same as the punishment for the underlying crime agreed upon by the conspirators. However, many things can actually factor into the punishment.

If the government believes that the conspiracy has been ongoing in nature, they may attempt to introduce evidence of all the prior acts of which they have knowledge.

This is common in drug conspiracies where the quantities are often times added together to produce a much larger amount than may have actually been seized. Many times the government has obtained this information related to the conspiracy from a cooperating witness.

There are defenses to the crime of conspiracy. Thus, it is important to hire counsel who has experience in this area of the law.

Neil Lemons represents Teakell Law. For more information on conspiracy defense attorney in the Dallas/Fort Worth area visit their website http://www.teakelllaw.com.

Article Source: http://www.articleink.com

Remuneration In Legal World

Rates for legal fees vary based on location, experience of the lawyer, and the nature of the matter. Lawyers with expertise in specialized areas may charge much more. Here are some national averages to help you get a general idea. In addition, you can expect to be charged at an hourly rate for paralegals and other support staff. Little things add up. Carefully discuss with your lawyer anticipated miscellaneous costs so that you can estimate those costs up front and avoid any unpleasant surprises. Be prepared to scrutinize court costs, filing fees, secretarial time, and delivery charges. Get a fee agreement in writing. If an attorney is unwilling to put a fee agreement in writing, cross that attorney off your list. Some states require written fee agreements for most cases. Ask your attorney to include in the fee agreement a provision for periodic, itemized billing. An itemized bill should list and describe all charges so that you can review them and compare them to your fee agreement. You might want to arrange for a ceiling or limit on fees. You might also require your lawyer to get your approval before proceeding beyond a certain amount in legal costs. Depending upon your financial situation, you may be entitled to free legal services. If you are "indigent" within the meaning of any applicable state or federal guideline, you may be eligible for representation by a public defender in a federal or state criminal case.



Low-income people may also qualify for free representation in landlord-tenant and divorce cases. If you need financial help in obtaining legal representation and think that you might qualify for indigent status, contact pro bono and legal services organizations in your area. In many cases you don't have to be indigent to get a lawyer for free or at little cost. Some organizations offer their members prepaid legal plans. Often plans include a low or no-cost consultation, or low-cost services in uncontested divorces or simple wills matters. Check your liability insurance policy. Your policy may include coverage for attorney fees or require your insurance company to provide an attorney to defend you in a lawsuit. Many unions provide free legal services to their members in union-related matters. If your case or claim is work-related, talk to your union representative. Certain rights or advocacy groups might want to get involved in your case. For example, if you are challenging an unlawful attack on your civil liberties or right to free speech, an organization such as the American Civil Liberties Union may be interested in helping you. If you are indigent and if you are charged with a serious offense, you may be entitled to have an attorney appointed to represent you for free. The federal government and the states provide for the appointment of public defenders for indigent criminal defendants.



Jonathon Ledbetter provides closing services and title services for real property transactions primarily in Tarrant, Dallas, Denton, Johnson, Colling, and Southlake, a well favored and recommended Real Estate Attorney in Dallas.

Article Source: http://www.articleink.com

Specializations Of The Lawyers

Nearby there are many areas of specialization for lawyers, each one quite different from the rest, though occasionally issues related to them overlap. Relative law relates to the issues surrounding families, as the name implies, family lawyers work with marriages, divorces, with issues such as determining the custody of children when parents split up, and even handle controversial issues such as gay marriage and domestic partnerships. Lawyers can also handle disputes such as property settlements, in cases where inheritance is an issue. The family law is big business these days, and family lawyers may serve families at all economic levels. Scandalous law deals with the serious issues of crime and punishment, criminal lawyers may handle cases that range from simple DUI cases to murder trials, the range is quite wide, and some lawyers may choose to work for the government as a prosecuting attorney, or as a private criminal defense lawyer; some will fill both roles during their lifetimes. And civil law handles disputes between two private parties, as opposed to criminal law, which is between individuals and government jurisdictions.



Here are the lawyers you would call if you needed to sue a private party or a company and while a person cannot be tried twice for a criminal law case, it is possible to be given criminal charges as well as sued for civil damages. For example, OJ Simpson won his criminal case for murder, but was ordered to pay damages for wrongful death in a civil case, of these specializations; these three are among the most common. Should you want to search for a lawyer who specializes in the problem you are having, your best bet for searching is with your state’s bar association, who usually keeps a directory of all lawyers, whether they specialize or not, if you need an attorney’s advice, consider a lawyer who has specialized for their detailed dedication and knowledge for your needs. Every single one marriage go through periods when the man and wife disagree, if such disagreements occur repeatedly, and if the disagreements encourage an escalation of divisive tendencies coming from one or both spouses, then they can lead to divorce. While that happens, then the couple needs to contact an attorney who specializes in family law. A family lawyer who handles a family law case seeks to get an equitable settlement for his or her client. Every so often the settlement concerns no more than payments to one divorced spouse by the second divorced spouse. Repeatedly a settlement must deal with certain jointly-held possessions, such as a home; in that case, the family lawyer seeks to obtain an equitable solution regarding which party (if any) should be allowed to live in the home.



Jonathon Ledbetter provides closing services and title services for real property transactions primarily in Tarrant, Dallas, Denton, Johnson, Colling, and Southlake, a well favored and recommended Real Estate Attorney in Dallas.

Article Source: http://www.articleink.com

DWI and DUI - Six Things You Need to Know

1. I've Been Arrested for DUI or DWI. Should I Plead Guilty and Get it Over With?

A DWI or DUI arrest is serious business. So whatever you do, do not plead guilty until you have reviewed your case with an attorney who specializes in DWI and DUI defense. From the moment you're arrested, your DWI or DUI arrest has many time-sensitive consequences that you must face immediately. If you're convicted, you could face substantial jail time, lose your driver's license and license plates and possibly even forfeit your vehicle. Plus, your insurance company will jack your rates sky high.

Make certain that the attorney you retain is not only a highly experienced criminal defense attorney, but one who also has handled hundreds of DWI and DUI cases. An attorney who specializes in DWI and DUI defense will best help you get the best possible outcome. Before retaining an attorney, do not:

Talk to any police investigators or insurance investigators who may question you.

Discuss the facts of your case to others, including friends and family. Anything you say to may be used against you later and you risk making that friend or family member a witness against you.

2. I Have to Go to Court for DWI/DUI. Should I Hire an Attorney First?

Yes, make every attempt to retain an attorney who specializes in DWI and DUI defense before going to court. If for some reason you must go to court without first hiring an attorney who specializes in DWI and DUI defense, ask the judge for a continuance so that you can hire one. Do not waive any hearings or consolidate any hearings. Ask the judge to continue the hearing you are having. Most judges will grant you a continuance to hire an attorney, but this might be your only continuance, so hire your attorney ASAP.
If you go to court without a lawyer, do not:

Make any statements about what did or did not happen during your case. Everything you say in court may be used against you later.

Speak to the prosecutor in an attempt to negotiate the case yourself. The prosecutor is working against you and is not going to help you. While no attorney can ever guarantee a particular result, they can mount legal defenses and constitutional challenges you simply would never think of or know how to apply.

Apply for a public defender if you cannot afford to hire an attorney who specializes in DWI or DUI defense.

3. How Much Will a DWI or DUI Defense Cost?

There are many factors that go into determining a fair fee for each individual case.

4. What is the difference between DWI or DUI?

DWI is a criminal offense which is also referred to as Driving under the Influence (DUI) or drunk driving. The term ?drunk driving? is very misleading as one need not be either drunk or driving to be convicted. DWI stands for Driving While Impaired. Generally speaking, in order to be convicted of a DWI, a prosecutor must prove that the person was either driving, operating or in physical control of an automobile at a time when that person was either impaired by the use of alcohol and/or drugs, or at a time when that person had a blood alcohol concentration of .08 or more or tests revealed the presence of an illegal drug. A person who refuses a test to determine the presence of illegal drugs or to determine their alcohol concentration may be convicted of a DWI Refusal if the arresting officer had sufficient reason to request the test.

5. "Alcohol concentration" is defined by the statute as:

a. the number of grams of alcohol per 100 milliliters of blood;
b. the number of grams of alcohol per 210 liters of breath; or,
c. the number of grams of alcohol per 67 milliliters of urine.
Practically speaking, if you've been drinking, unless you are a physicist, an engineer, or a chemist, and have a calculator, you will be unable to determine if you have an alcohol concentration of .08 or more. Further, it is of interest to note that the amount of alcohol in each of the above statutorily defined concentrations is not equal, and can therefore result in a person being innocent according to one concentration but guilty according to another. Moreover, under the two statutory definitions of intoxication, it is also possible for a person to be innocent of being intoxicated because there is no loss of either normal mental or physical faculties but still be guilty of being intoxicated via .08.

6. What are the penalties for DWI?

There are four ?degrees? of DWI, each with their own maximum penalty.

Fourth Degree DWI is a misdemeanor offense punishable by up to 90 days in jail and a $1,000 fine. A person may be placed on probation for up to two (2) years if convicted of this offense. A Fourth Degree DWI would be applicable where a person tests at between .08 and .19 and that person had not had a previous alcohol-related driving offense in the preceding ten (10) years.

Third Degree DWI is a gross misdemeanor offense punishable by up to one (1) year in jail and a $3,000 fine. A person may be convicted of this charge if they had: 1) refused the test, 2) tested with a blood alcohol concentration of .20 or more, 3) had a passenger under the age of 17 in the vehicle, or 4) have one prior DWI offense or alcohol-related revocation of their license in the preceding ten (10) years and test over .08 and less than .20.

Second Degree DWI is similar to Third Degree DWI except that it also calls for the forfeiture of the vehicle involved. A person may be convicted of this charge if they have any combination of two of the factors listed above for Third Degree DWI.

First Degree DWI is the most serious DWI offense. It is a felony offense punishable by up to seven years in prison and a $14,000 fine. A person sent to prison for First Degree DWI is also subject to a five-year conditional release (parole) period after they serve their sentence. In order to be convicted on First Degree DWI, a person must have three prior DWI offenses, or alcohol-related revocations of their license, in the preceding ten (10) years.

The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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A Minneapolis Minnesota DUI DWI attorney or lawyer at a local law firm can provide you with an experienced Minnesota criminal defense attorney or lawyer.
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Avoid Common Mistakes Made in Federal Prison

If you have been indicted, learn what you need to know.
And do it now, when it can still help you.

White Collar Sentencing Consultants, Inc. specializes in preparing people to face the rigors of prison life. We can provide benefits to our clients as soon as the legal defense team is assembled. One of the first crucial events that receive our attention is the preparation for the PSR/PSI report. Defense counsel know how important this document is to the sentencing recommendation. You may not know how many other ways this document is used that impact the client.
For example, for one client, medical information was proposed to be set forth in a PSR/PSI. This information was proposed to be used because it had a nominal impact at sentencing, if any. However, had the information been included in the final version of the report, the BOP would have applied their regulations and could have recommended placement of the client in a far-away medical facility. We were able to avoid this result early and the client received placement at the federal prison location closest to his young family.
In another recent case, a former lawyer who was represented by a prominent attorney appeared at a sentencing hearing to get a pre-negotiated prison term. He had not hired us. During the hearing his experienced attorney successfully argued for a three month reduction in the agreed length of the sentence. Although this sounds like a wonderful result, a result that would confirm the value of that defense attorney, it was not. Neither the client, who had been a lawyer, nor his criminal defense attorney, realized the mistake. As a result of a three-month reduction in the sentence, the client was no longer eligible for a reduction of 15 months! Yes, due to the rules governing programs available to prisoners, the defendant was no longer eligible for a major reduction in his sentence.
Had we been hired at the right time, this tragic mistake would have been avoided. Still, we were able to arrange for an appropriate job assignment for the defendant. We were also able to arrange for his wife and family to visit him within days of his arrival at prison.
In another case, even though we were consulted late in the process, we were able to obtain placement for a defendant into a program resulting in an 18-month reduction in the length of his incarceration. The 9th Circuit decided a case that had an effect on our client and we were able to take advantage of this development even though our client had been in prison for almost 2 years already. We keep informed of developments that provide benefits to our clients.

Our clients are armed with the information they need to obtain the best results. They can be placed in the appropriate location for the shortest period of time. They can take advantage of programs that are available, programs that may not be known to defense attorneys because they have not been in the system. And once incarcerated, our clients will know how to avoid mistakes. Significant attention is given to preparing our clients emotionally to deal with the adjustments required to assimilate into prison. Mistakes in prison lead to harsh results. By avoiding mistakes, by knowing what to expect, our clients will not have to experience the draconian punishments used by staff, such as solitary confinement, and transfers to other prisons that are either more dangerous or farther from home.
Don’t let this happen to you clients or their family. Call or write us today. We are there to help.

White Collar Sentencing Consultants, Inc.

WhiteCollarSentencingConsultants.com

310-560-8000


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Federal Prosecution and Defenses of the False Statements Statute

Federal false statements statute, 18 U.S.C. § 1001, is one of the most widely used tools in federal prosecutors' arsenal. The statute is often the default "charge of choice" because the way it is drafted, prosecutors enjoy a wide leverage and advantage.

The statute provides: Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and wilfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under this title or imprisoned not more than five years, or both.

Essentially, the statute includes three separate crimes: (1) a falsification committed by concealment by means of a trick or scheme; (2) a fraudulent statement or representation; or (3) the making or using of false writings knowing that they contain a false, fictitious or fraudulent statement or representation. Of these, the second category, making a fraudulent statement, is the most widely used. In order to convict, the government must prove that the defendant: (a) made a statement, (b) that the statement was false; (c) that the defendant knew that the statement was false; (d) that the statement was relevant to the function of U.S. government, and (e) that the false statement was material. Technically speaking, any statement, written or oral, that is not true may qualify to be the "statement" for the purposes of this statute.

If you have been already indicted, there several legal arguments that may be raised to attack the indictment. The first doctrine - Multiplicity - refers to multiple counts of an indictment that cover the same criminal behavior. Under the double jeopardy clause of the Fifth Amendment of the Constitution, a person may not receive multiple punishments for the same offense. A multiplicity argument may be successful in a case where a person makes the same false statement many times and is charged for each separate time.

Another doctrine is Duplicity, which means that an indictment charges separate offenses in a single count. Section 1001 does not contain specific defenses. If you are accused of Section 1001 violation, your best defense would be complicating the government's efforts to prove that each of the elements of the offense is satisfied.

Another possible defense could be a good faith argument that would demonstrate that the defendant did not possess the requisite mind frame (though that the statement was true, for example). Obviously, simply taking the positing that the defendant "had good faith" in the authenticity of his or her statement is not going to do the trick. In order to successfully use the good faith defense, in most cases defendant will have to offer evidence that he or she relied on expert advice or that good faith was based on ''percipient'' information. Relying on expert opinion is not a universal remedy, too. Courts have addressed this issue and handed down very specific requirements that need to be met for this defense to be successfully used. An example of the ''percipient'' information" defense is the case United States v. West 666 F.2d 16 (2d Cir. 1981) where the defendant signed his wife's name on loan documents when he reasonably believed that he was authorized by his wife do so.

If you are investigated or indicted for false statements statute, 18 U.S.C. § 1001, seek advice of a competent criminal defense attorney at once.


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Joseph Potashnik is a criminal defense attorney who defends individuals facing criminal charges in New York City and New Jersey. You can visit his websites at http://www.jpdefense.com for NY and http://www.jpcriminaldefense.com for NJ.

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Criminal Defense: Public Defender Or Private Criminal Defense Attorney?

Charged with a crime but can't afford to hire a "real lawyer?" Afraid the "public pretender" will sell you out? Countless criminal defendants face this dilemma every day.
So pervasive is the distrust of public defenders that defendants routinely max out their credit cards, take out second mortgages, and empty their retirement funds just to hire a private criminal defense attorney. Should you do the same? It all depends on who you plan to hire.

Paying a private defense attorney is no guarantee of quality representation. Any warm body with a law degree can hang out a shingle and call himself a criminal defense attorney. In fact, many of those who can't get a job at the public defender do just that. Your private attorney could turn out to be a bottom feeder, with poor academic credentials and little or no criminal defense experience. With a private attorney, you get your choice of lawyers, but will you choose wisely?

Public defenders are criminal defense specialists. They practice criminal law every day, and gain experience quickly due to heavy caseloads and a sink or swim mentality. They are surrounded by colleagues and supervisors whom they can learn from and consult with. Private attorneys, by contrast, generally have no supervision or quality control. Moreover, to survive financially, many private attorneys have little choice but to accept any client that walks in the door. One day your attorney is an immigration lawyer; the next he's a divorce lawyer. For you, he's all about criminal defense. Lawyers who do a little bit of everything are usually not particularly good at anything.

Public defenders develop an intimate knowledge of the particular court in which they practice. While private attorneys practice in many different courts, public defenders generally stay in the same court all day every day. They know the judges. They know the prosecutors. They become courthouse insiders who are able to predict how the judges will rule in your case and who know exactly what to say to a prosecutor to get the best deal for you.

Finally, public defenders typically have extensive trial experience. More cases lead to more trials. In addition, unlike those who hire private counsel, it costs indigent defendants nothing to take their cases to trial. As a result, public defenders go to trial far more often than private criminal defense attorneys. That experience helps in plea negotiations and may be critical if your case actually goes to trial

Despite all the institutional advantages of the public defender, there remains a risk that your particular public defender will be what is not so affectionately known as a "dump truck." It is these lawyers who give public defenders a bad name. They may be overwhelmed by high caseloads, burnt out from too many years in the trenches, or perhaps they simply lack the make-up necessary for criminal defense work. Whatever the reason, these lawyers do little more than help prosecutors obtain guilty pleas. What's worse, it is almost impossible to fire your public defender and get a new one.

A private criminal defense attorney will almost always be able to devote more time to your case and give you more personal attention than a public defender can. In the end, however, it is the quality of the attorney rather the cost of the representation that matters. Almost without exception, the best private attorneys are former public defenders. There is simply no substitute for that training and experience. Before you spend money you don't have hiring a private attorney, consider giving the public defender a chance. Not only could you do a lot worse if you choose the wrong private attorney, but your public defender may well be a future star of the private criminal defense bar.




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Federal Prison Consultant -- A Valuable Part of a White Collar Defense Team

Federal prison consultants are a valuable part of any white collar criminal defense team.

Defense lawyers cannot be expected to know all of the answers to the questions that white collar defendants and their families have. Federal prison consultants provide the answers to these practical, non-legal questions. By providing answers, federal prison consultants can reduce the anxiety that everyone faces before entering prison.

The critical factor when choosing a federal prison consultant is the credibility of their staff. White Collar Sentencing Consultants, Inc. (located on the web at FederalPrisonInc.com) specializes in important federal criminal cases.

You want to know about prison, how to reduce the length of the prison term, and how to ease your transition to and from prison.
WCSC knows the answers.

They use their experience to give you credible, clear, and candid information when it is needed most.

As federal prison consultants, White Collar Sentencing Consultants, Inc. is unique. No other company has their dedicated staff. The heart of the company is a former attorney who has tried over 100 jury trials. He also recently spent 15 months in Federal Prison where he worked as the Lompoc Camp “clerk” until early 2008. His duties there included resolving the complaints and problems of over 600 prisoners, with staff contact at all levels of administration. He can answer your questions and provide guidance through this process with compassion and commitment because he has been there.

All federal prison consulting services are available to the clients of White Collar Sentencing Consultants, Inc. Their services include consulting with White Collar defendants their family and defense counsel, analyzing issues relevant to mitigation of potential sentences, and comparing options such as placement and programs. They will also describe the strategic alternatives that are available to you.

All federal prison consulting benefits are available to the clients of White Collar Sentencing Consultants, Inc. These benefits include calmer and more informed clients, better utilization of attorney time and credible answers from a credible resource.

Learn what you need to know. And do it now, when it can still help you. White Collar Sentencing Consultants, Inc. provides federal prison consulting. They can be found on the web at FederalPrisonInc.com.



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