Sunday, October 28, 2012

Choosing the Best Criminal Solicitors

Need the help of a good and professional criminal solicitor who can help defend or stand for your case in positivity? There are lots of criminal solicitors available to select from as per your need and requirement. However when picking out the best of the lot, it is important that you verify if your solicitor has the qualities of a reputed and professional one. Here we have discussed about some of the prominent qualities and aspects that a criminal lawyer must possess:

He should be well knowledgeable and updated about the law industry so that he can follow and defend his case successfully. To prove his client as innocent, a lawyer must have complete skill and idea about the court processing, previous cases and tactics to prove that his client is being wrongly convicted in that case.

His reputation as a criminal lawyer will surely count when choosing the best among many criminal solicitors. It is through feedback and recommendation from previous clients that a lawyer gets to improve his practice and good will. Hence, before finalizing any criminal lawyer to defend your case, make sure that you verify his track record and market reputation rightly.

To help his client positively and confidently, a good criminal lawyer needs to be bold and self assured. He should have a strong presence that has the ability to scare the opposition in lawful manner. At the same time, he should be able to evoke the emotion and favor of the jury with skill and ability.

Experience is yet another aspect that is considered with importance in the legal market. To be a successful criminal lawyer, you must have handled similar cases in order to be qualified enough about its tricks to help your client win the case effectively.

Understanding of the police work and its related aspects is another crucial need to checkout in your criminal solicitor. Without understanding of the primary stages of conviction, it is not possible for a lawyer to decide the next steps successfully. Hence, make certain that your lawyer is in good sync with the police workings and facts which will help in better planning.

Now that you know about the various qualities that are necessary to be a veteran criminal lawyer, there are lots of law firms to help you. In these organizations, you will not only get to find the best solutions but also guidelines that will make your legal process smooth, comfortable and simple to avail. At the same time, it is suggested that you stay alert and aware of fraud solicitors.

Sunday, October 21, 2012

How Bail Bonds Operate?

The people who end up going to jail because of some form of trespass against the law may employ bail bonds so that they can get released. The people who offer this kind of service are known as bail agents or bondsmen. These people are often capable of securing the criminal defendant's freedom usually within a few hours' time. Simply put, bail is like a get out of jail card, except it isn't for free.

Other financial institutions like an insurance company or a bank may act as a surety for bail. However, these institutions are usually more than hesitant to use funds and resources for such a risky endeavor. Below are some more information regarding how bail works.

Determining the bail

The courts are the ones responsible for making a decision on how much a person must pay for in order to leave jail. The court takes into account numerous considerations when thinking about setting the amount for bail.

For minor criminal cases courts often employ the use of what is referred to as the bail schedule. Basically, the bail schedule is a list that composed of an inventory of several crimes and a corresponding amount of bail for each crime.

Despite being a long list, not all criminal offenses are covered by the bail schedule. In the event that an accused's criminal offense is not on the list, a judge may determine the amount of bail that must be paid to secure the accused's release from jail.

Certain lawyers are also familiar with the amount of bail given for each crime. For example, a man who is detained by the state for driving under the influence may consult with a DUI lawyer regarding his bail.

The two ways of posting bail

There are basically two ways a person can post bail. If the person can afford it, then they can simply pay for the amount and secure their release for themselves. The accused may also ask assistance from family or friends to post bail.

The other alternative is to employ the services of bail bonds. These agencies offer their services in exchange for some form of collateral. Aside from the collateral, the person who avails of the bail bond agency's services is required to pay them a certain fee. This fee is usually equivalent to ten percent of the amount paid by the bail bonds agency to post bail.


Sunday, October 14, 2012

The Basics of the Bail System

The court knows the importance of preparing for a case. The state respects your right to earn a living. Instead of holding you inside a jail, it would allow you to post a bail as a form of security on their part. All they want is a guarantee that you will face all the charges against you. The legal system has remedies that can help you. The following are important information about bail:

Amount

The amount you need to provide depends on the crime that was charged against you. Every county have a bail schedule that categorizes the proper amount for a particular crime. A judge can authorize a lesser or higher amount with just cause. The general rule is: the amount depends on the severity of crime that is charged against you. The amount you need to secure is directly related to the severity of charges against you. The amount that is required for a DUI offense is different from arson cases. In some states, a crime for perjury is attached with a bail amount of $25,000. A charge on manslaughter would require a bond of $100,000.

Authorities involved

Police officers can offer you a citation release. A cite-out is reserved for minor crimes that wouldn't require you jail time. They can immediately release you with a document indicating your transgressions from the law. It is often used in traffic violations. As part of the legal system, a judge can appropriate the proper amount that is required to keep you out of jail. He has the power to grant or deny your request for bond. They are strictly limited to what the law provides. They cannot arbitrarily lower or increase the amount without legal basis. No one aside from the judge can assign the value of the bail bonds.

Reason

The state protects the right of the people. If someone claims that you have violated his or her right, then the state has the purpose to maintain justice. An arrest is made to ensure that the person will comply with all the legal requirements needed to decide the case. Aside from detaining a person, the court offers the right to bail to secure the compliance of an accused. The bail bonds prevent the person from running away from the charges.

Types

There are several ways on how you can free yourself from jail time. In property bail, you can offer your real estate properties as a guarantee to comply with court hearings. The value of your property should equally match the amount that is required from you. There are no provisions that inhibit you from presenting properties that are valued higher than the bail amount. Cash payment is the easiest way to comply with the amount that the court has imposed on you. Bail bonds or surety bonds is a third party guarantor that is widely accepted in most counties. Bail bondsmen can arrange your release with a fee of about 10%. Bail agents often work close with inmates and arrange payment plans that suit their needs. The bail bonds are fast answers to an urgent need.

Sunday, October 7, 2012

Trespassing Charges and Penalties

Texas landowners take pride in their property. When people enter or remain on someone else's property or in their building, aircraft or vehicle without effective consent they can be charged with the crime of criminal trespass. Even if someone's intentions were innocent or if they had simply made a mistake, they could still be prosecuted and convicted of a criminal offense.

In order for someone to be convicted of criminal trespass, they must have either been given notice that entry was forbidden, or they must have been told to leave. Notice can be either given in the form of a written letter or it can be verbal. It is also supposed to be given either by the owner or by someone who has the apparent authority to act on behalf of the owner.

Other forms of notice can include fencing or some other kind of enclosure that is obviously in place to keep intruders out of the property. A posted sign warning others to stay off the property would also suffice as appropriate notice. It's important to note that such signs should be placed on the property or the entrance of a building in a place that is conspicuous and likely to catch the attention of intruders stating that entrance to the property is forbidden.

An example of criminal trespass can include the following stories. A group of teenagers decide to "dare" or tell another peer in the group to enter into a building that they know is forbidden. Not knowing that this simple act will get the teen in trouble, he walks into the building and sets off an alarm accidentally. Minutes later, the police arrive and have formally charged this young gentleman with criminal trespass, an offense that can remain on his record for a long period of time.

A woman has pulled off on the side of the road with a flat tire and no one to help. Frantic, she runs to the closest home, opens the gate and walks up to the front door. In the dark of the night, she is unable to see the "No Trespassing" sign and walks onto the property anyways. Before she knows it, she is arrested and charged criminally.

The offense known as criminal trespass can encompass all sorts of public and privately owned property intended for different types of use. People can be convicted of criminal trespass when they unlawfully cross residential property, commercial property, agricultural property, forest land, and even government property. It is also unlawful to trespass in an area with an oil refinery, or a chemical manufacturing facility, as well as a water treatment plant or an electrical power generating facility. The above offenses are classified as misdemeanors in the state of Texas. A person can be charged with a Class A, B, or C misdemeanor depending on the facts surrounding the case. A conviction of criminal trespass can lead to serious legal penalties including jail time, fines, and a permanent criminal record.

The Texas Penal Code §30.05 (2011), gives information regarding this specifics of this crime as well as the exact penalties an offender could be facing. Criminal trespass is defined as entering onto the property of another without the owner's permission. A conviction of criminal trespass can only be brought against an individual if there was a notice posted saying that entrance was forbidden or if the property owner had told them to leave, either written or orally, but they refused to do so. As mentioned above, the offense can either be charged as a Class A, B, or C misdemeanor depending on the details of the case. It will be charged as a Class B misdemeanor unless it takes place on agricultural land, in which case it is a Class C misdemeanor. If the individual trespassed on an inhabited property or the individual had a deadly weapon, then it will be a Class A misdemeanor.

Even if the incident seemed minor, a criminal record will hinder your ability to gain employment, leases and financial aid for college; almost anything that requires a background check will become a problem for you in the future. An experienced criminal defense attorney will give you the best opportunity to fight the charges against you. The sooner you contact a lawyer, the better your chances of getting the charges reduced or dropped!

Monday, October 1, 2012

How Not to Get Pulled Over by The Police

1. YOUR CAR HAS ISSUES!!

The most important issue one needs to address is the overall condition of your vehicle. This is because police will usually try to find a reason to pull you over.

Since technically police can't stop you because they want to, they will usually look for an equipment violation on your vehicle. This is the easiest way to justify the stop if they have to in court later.

So by all means don't drive around with:
-burnt out bulbs
-cracked windshield
-body damage of any type
-expired tags
-no tags
-expired reg or inspection stickers
-missing stickers

If you have any of these things going on with your car you might as well hang a sign on your car telling the police... "I DARE YOU TO PULL ME OVER!!!!"

2. DON'T DRAW ATTENTION TO YOURSELF...

The second issue is somewhat obvious but applies in the majority of DWI stops,... don't commit a traffic violation while driving...

in other words don't speed, run traffic lights, drive too slow, fail to signal, blast your radio, cross a double yellow...

if you generally speed around and commit several violations every time you drive this is going to be a tough one for you.

But, try to stay focused on the task at hand: safely operating your car and observing all of the traffic laws...

3. THINGS THEY CAN'T PULL YOU OVER FOR BUT WILL ANYWAY...

- Driving with your window down in cold weather - police love this one, and rightfully so, who else but someone who is tired from drinking is going to drive around with the window rolled all the way down in 20 degree weather? If you are tired, for any reason while driving, blast the A/C instead next time.

- Out of state tags - this one is a no brainer. Police have been pulling over out of state plates for years. It has something to do with police generally being suspicious of people from outside the community. I know its way cheaper to register and insure your car using Uncle Maury's address in Boca, but is it really worth all the extra attention you will get from the Police?

- Too many passengers - if your car is packed with multiple passengers this is an open invite for the police to stop you... ex. a carload of people at 4 am is generally coming from a bar or a nightclub.

In conclusion, like so many other things in life, common sense and good judgement prevail here. Also remember that any consumption of mind altering substances will prevent you from exercising good judgement when you need it most.