Burglar Released Despite Californian Three Strike Rule.
September 2, 2010 | Leave a Comment
After serving thirteen years behind bars after attempting to break into a church kitchen in order to get something to eat a convicted burglar who had been sentenced under Californian law has now been released.
A Los Angeles based superior court judge decided to reduce the sentence to just eight years, which the convicted burglar had already served. The original jail term handed down in 1997 was for twenty five years. Those watching the case have reported that when the decision was read out the convicted man began to cry with relief.
A law student who witnessed the court room drama, Reiko Rogozen, admitted, “I thought I was going to cry, too.” Lots of people thought that Taylor’s conviction would be upheld and were shocked to discover he was freed.
When the announcement was made Taylor is said to have thanked the court for allowing him another chance.
The conviction came about when Taylor was arrested way back in July 1997. He was caught attempting to break in to a church kitchen in Los Angeles. The defence he gave police was simply that he was hungry.
He was then convicted of so called ‘three strike,’ burglary due to his two previous convictions for street robberies he committed in the eighties. Both of the street robberies he was involved in involved no weapons and nobody was hurt.
An appeal on Taylor’s behalf suggested that he was a modern day version of Jean Valjean the character in the Victor Hugo novel Les Miserables. The comparisons were drawn due to both men being imprisoned for relatively minor offences where violence was never an issue.
The Californian ‘three strike’ rule has been upheld for a long time so the news of the amendment to Taylor’s sentence came as quite a shock to those involved and to those who were following the case.
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How Does The Law Actually Affect Your Life?
August 28, 2010 | Leave a Comment
We don’t often think about the real effect of the law in our everyday activities, even though we have a general understanding of what the law is and why we need it to regulate people’s conduct and keep us from being overrun by lawbreakers. But to the average person, what is law? What is the effect of law on our daily lives?
How is your average day affected by the laws that are in place? Do most people view the law as a notion that is so vague that it’s just too difficult to feel any real connection to it? We’ll attempt to clear up some of the questions about the law in this article, including the ways in which law functions in society and the basic nature of law as it exists today.
Many individuals only think of the law as being there to protect them and their interests from criminals, and never think of the way it affects their daily lives. They simply believe that the law will function to judge and sentence those who break the law, and that the will of the people, as expressed in the laws, will be carried out.
This is a very simplistic view of the nature and function of law and how it affects us every day. If we think a little deeper, we realize that the Constitution sets the boundaries within which the government must operate when it makes laws to control the inhabitants of our country. Going deeper yet, we see that this affects the workings of the government and, through its laws, the way the country itself is run, which does have an effect on what we do and how we do it every day. Going down to the local level, the laws affect businesses and services that we use, so that our jobs and just about everything else in our lives is affected in some way. So is the law just some faraway force that operates only when someone breaks it? Not at all.
Nor is the law a distant power limited to courts and constitutional questions. Rather, the law has a wide range of operation that reaches into society and legislates its organization and its daily functioning, so it regulates not only criminal activity, but also each person’s business situations and personal conduct.
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Charged With DUI? Check With A DUI Attorney About The Following Elements!
August 25, 2010 | Leave a Comment
Starting Out:
Some people believe they have no chance at fighting their DUI charge. This is especially true if they took and “failed” the field sobriety tests, or had a high blood alcohol content reading on a breath test. But the State and the prosecutor still must prove the elements of the DUI charge.
This article is not, nor is it intended to be, legal advice. If you require the advice of a DUI attorney for your specific needs or situation, you should do so. Additionally, remember that not every attorney is licensed to practice in every jurisdiction, so you should seek a DUI attorney that is able to practice in the State or jurisdiction where you received your DUI charge.
1) Driving a vehicle:
a. The State needs to prove that you were actually driving the vehicle. While this seems obvious and simple, there are certain situations where proving that you were driving are very difficult. For example, if you were parked in a parking lot with the engine running, or you were asleep behind the wheel with the car in park, or you just sat down in the car and put the keys in the ignition, but the car wasn’t on - these all create questions as to whether you were driving.
b. You also need to be driving a vehicle. Again, if you are driving a regular automobile, then this is simple for the prosecution to prove. But what constitutes a vehicle? Again, the issue can be blurred. As an extreme example, what if you are on a bike with a portable fan taped to the car seat, which helps propel the bike forward?
Most of the time, whether the driver was “driving a vehicle” is not in dispute. Despite the foregoing, however, it can be an issue and it is important to know that.
2) Under the influence of alcohol:
a. The State can prove that you were under the influence in two ways, generally speaking. The first way is to test the blood for alcohol content. This is the typical way that we all know about. There are several types of machines that test for blood alcohol content (BAC), but they all tell the operator the amount of alcohol contained in the blood. This, in turn, measures how impaired or intoxicated you are. Many states have a “legal limit” for BAC and many states have laws that declare a person who is over the legal limit to be under the influence “per se.” In other words, if you are above the legal limit, assuming the test is reliable, then you are considered under the influence. Of course, the question then becomes whether the test is reliable.
b. The prosecution can also prove beyond a reasonable doubt that you were under the influence by taking the testimony of others at the scene (i.e. people who observed you in whatever state you were in). This is where field sobriety tests are crucial. If you agreed to take them (in many states, they are optional), then the prosecutor will assuredly ask the police officer his or her impressions about how you did on the tests. Additionally, if you told the officer that you had been drinking, or if you speech was slurred, this is evidence of intoxication. The good news is that you can defend yourself at trial. You or your attorney can poke holes in the witness’s testimony on cross-examination. You can also call your own witnesses, if they have personal knowledge of your level of intoxication.
End note:
Many DUI lawyers will say that any DUI case is defensible. Just because you have been charged with DUI does not mean that you are going to be found guilty.
For more information on DUI and other traffic-related offenses, check out the Traffic Attorney, a Maryland DUI lawyer and his blog.
Minnesota Dui Lawyer Selection Guide
August 11, 2010 | Leave a Comment
Carries an advantage against the prosecuting panel. One of the best things a criminal attorney can provide his clients is an extended assessment of the circumstances. It is because of this that he can examine your case from all important positions and design a strategic line of defense against all kinds of offense from the prosecutor. Your defense holds a great lead if, for instance, you picked a criminal defense lawyer who once worked as a public prosecutor. As a consequence, your attorney can see your case from the standpoint of the prosecuting lawyer and compose an imposing defense crafted with the know-how and experience of both a defense and a prosecuting lawyer.
Has numerous years of experience in the field of criminal defense. Honors and accolades may represent the lawyer, but the only thing that authenticates any lawyer’s assertions of skill is the amount of experience he has gained in the domain of criminal defense. Every so often, a lawyer may inform you that he has been working for decades in the legal world, but you have to ask whether those years were devoted particularly in the criminal defense area. An attorney who has been five years in criminal defense is definitely more valuable than a lawyer who has been jumping from one line of work to another in the last 20 years.
Acclaimed by his colleagues. A good attorney is someone who is conveys a name of responsibility and reliability among other lawyers. Experts in the legal industry have launched societies that go through self-regulation to ensure the integrity of their profession. At least, any individual proposing legal services ought to be a reputable associate of the American Bar Association and the State Bar Association. Your selected criminal defense attorney should be accepted by the National Association of Criminal Defense Lawyers and the National College of DUI Defense no less, the two most reputable national organizations established to sustain excellence in criminal defense.
Dedicates career solely to criminal defense. Focus on a lone area of expertise ensures that a lawyer has used all his existing resources for his immeasurable development in that one discipling. Dispersing himself too thin across all areas of practice in the legal profession will not benefit any lawyer, because most knowledge is acquired not in law school but out in the real world itself, where attorneys fight for real cases where real human beings are affected and the implications of any success or guilty verdict in a case are real. Would you rather engage a lawyer who has hopped from real estate, to corporate, to family and divorce, to criminal defense or would you rather entrust your future into the hands of a lawyer who has been handling criminal defense majority of his career?
Keeps quality rapport with clients. Any genuine professional working in any area knows that at the center of his service is his client. You are dealing with charges alleging you of a crime and what is at issue here is your fundamental human rights. Thus, your criminal defense lawyer should position his clients above everything else and always endeavor to look after good working and personal relationships with them. These connections are not only built upon a client-oriented office location but, more importantly, honest and amicable exchange between lawyer and client.
Gets results. This is the one thing that you have to learn before shelling out your money for the services of any criminal defense legal representative. What good are inexpensive legal fees and associations to national associations if the attorney you pick has a losing streak in all cases he deals with? Get referrals from any potential lawyer, if possible, and ask these previous clients about their experiences in engaging that certain lawyer. Learn if they won or lost their cases and let them put in plain words the strategy that helped them to win. There are some instances when the lawyer is compelled to protect the privacy of his past clients, but any one lawyer should, nonetheless, have a quantitiy testimonials to provide their eventual clients.
Requires moderate fees. This is your future you are placing in the balance here. Any person who is facing criminal charges of any type is understandably enduring a emotional and social disturbance that intrudes into his day-to-day life. It would be a great disservice for any criminal defense attorney to extract a figure that is worth above the legal representation that he gives. Flexible fees may seem beneficial, at the beginning, but any lawyer can employ his convincing abilities to shape the fee negotiations to his favor. Always go for criminal defense lawyers with simple to understand fees; they have taken themselves of the prospect to manipulate any fee agreement and, therefore, have no capability to charge from you a fee that is more than the cost of your case.
Holds a good name in the district judiciary system. In Minnesota, the trial process does not begin with the hearings; it commences with the pre-trial dealings, where your criminal defense lawyer can collaborate with the prosecuting team to lighten the charges filed against you or even dismiss the case altogether. A reputable reputation among the prosecutors and the entire local Minnesota justice system, hence, is vital so that your lawyer can better put himself during the pre-trial discussions and persuade the prosecuting team that you deserve the reduced charges or sacking of the case he is bargaining for.
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Missing Records Put The Scottish Public At Risk
August 8, 2010 | Leave a Comment
A recent review of the Police National Computer in Scotland had found that the outcomes of over 35,000 court cases from 2007 have been left incomplete and not recorded on the criminal records system. Thousands more are also thought to be missing from the system in the following years on from 2007. It has been suggested that some details in cases which have been updated have been entered incorrectly.
The Scottish police force and judges will now be unable to decide what the risk posed on the public is due to the errors. It is thought that public safety may be at risk in some cases.
The number of impending prosecutions recorded in the Scottish system is said to be much larger than the amount for the rest of the UK. Impending prosecutions are cases that are ongoing.
Updating the electronic record system is carried out via the Crown Court Service, Procurator Fiscal Service and Scottish court service.
The latest figures revealed that there were around 35,000 impending prosecutions that were logged on the system in 2007 that were still outstanding. The combined figure for both England and Wales was 15,000.
Reports have claimed that the full gravity of the incident is still being measured by Scottish authorities but that everybody was fearing the repercussions. One of the most worrying outcomes could mean people are now working in sensitive areas such as schools and hospitals when really their criminal record should be preventing them from doing so.
The risks that are posed by this have caused detectives to raise the problem to the Association of Chief Police Officers in Scotland. What makes it worse is that the system that logs the Impending prosecutions also wipes clear any records kept incomplete after three years which now means that the outcomes of lots of cases will not be recorded.
The police are meant to carry out the job of manually cross referencing the list of impending prosecutions but many forces have responded by stating they do not have the time to dedicate to the task.
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Tips For When You Naively Receive Stolen Property
March 25, 2010 | Leave a Comment
The law can be confusing in many ways. But one thing that is clear is that theft and receiving stolen property is a crime that is punishable by jail time if you are caught with this property. You do not have be the thief, but if you are in receipt of the stolen goods you are guilty as well.
The burden of proof lies on the prosecution if you honestly did not know that the property was stolen that is in your possession. If you are guilty, the burden of proof still lies on the prosecution. But many times people are completely unaware that they have possession of stolen goods. If you are caught with them by law enforcement then you face criminal charges yourself.
It is also punishable by law if the property if of a certain dollar amount. Over five thousand dollars is the legal minimum to prosecute someone for this crime. There are other factors such as transferring over a state border and attempting to conceal the stolen property.
The prosecutor also has the burden to prove that you knew that the property was stolen. They also have to prove that you knowingly concealed the fact that you had the property. These facts are their responsibility. If you have proof that you were not aware the property was stolen, then it is your theft defense attorney’s job to prove it.
Many states have separate penalties for the crime of receiving stolen property and the possession of stolen property. If you are charged with both they are considered separate offense. A prosecutor in this circumstance will attempt to charge you with both crimes and make at least one stick. If you happen to be found guilty of both, the penalty is larger.
These kinds of charges can be a life changing event. If you not aware of your receipt of stolen goods and then at a later date realize that you are then you need to consult a Houston theft defense lawyer immediately. They can guide you through what you need to do in reference to admission of this fact and how to return the property. Cooperating with authorities is your best bet in keeping yourself out of trouble as soon as you become knowledgeable of the situation.
The best thing to do in regards to these offenses is to seek out a criminal attorney if you have not already. Get one that specializes in these types of crimes. If you are associated with the person who has stolen the property it may be in your best interest to not share the same attorney.
Mr. Gonzalez is a Houston Criminal Lawyer and composes general articles about legal topics. None of his articles are meant to be legal advice. If you have been accused of theft in the state of Texas, please contact a Houston theft defense lawyer to give you direction with your case.
Ways To Select The Right Criminal Lawyer In The City Of Houston, Texas
March 22, 2010 | Leave a Comment
Anyone who has ever been in trouble with the law knows the importance of choosing the right criminal lawyer. The judicial system in the Houston area can be tough on those who have been accused of committing a crime and finding the right person to represent you is vital. There are many steps that can be taken to ensure the right Houston criminal lawyer is chosen.
We are all to be considered innocent until our guilt is proven in a court of law. That is why it is imperative to find legal help that will make sure we are treated fairly. You need to get someone that will not only fight for your rights, but respect you as well.
The first thing that needs to be done is to thoroughly research all of the legal professionals in your area. You may find this difficult when there are court dates looming in your near future, but it is an important step none the less. If the task is done accurately then it will likely only take a small amount of time and minimal efforts.
The best place to begin any search is the internet. There are several websites that offer legal finding services for any region. By simply typing in a zip code several professionals will come up. These sites usually include ratings and reviews of each firm to help in finding the right one.
Most of those same sites offer a full listing of current degrees and other credentials that show just how reputable each attorney truly is. You can usually look into the other cases that were fought by each firm listed. Experience is also a great attribute to look at.
Before making a call to anyone make sure that you have the court papers and details about the case readily available. All documents will contain vital information that is relevant to the case. An attorney will need to know the date of the alleged crime and the court docket number in order to properly research the case.
Do not forget to ask about the charges. Criminal law is typically charged on a flat fee or hourly basis. Be sure to find out all of this before taking on their services. It could be a very expensive mistake.
Choosing a criminal lawyer is not as difficult as it may seem. There are many attorneys in the area that are ready to serve you and make sure that you hold on to your freedom. It is an important decision and it is vital that your rights are protected.
Ricardo N. Gonzalez is a practicing Houston Criminal Lawyer and pens articles about general legal issues. His articles are never meant to be taken as legal advice. If you find yourself accused of a crime, please contact our Houston, Texas Law Firm for assistance with your case.
Major Types Of Lawyers
February 3, 2010 | Leave a Comment
There are a lot of different types of lawyers out there today. For the most part all of the attorneys will fit into two main categories, the civil case lawyers and the criminal case lawyers. We will for the most part be discussing the types of civil attorneys, but we will speak about the criminal ones as well.
The first thing on the agenda for today is to define the difference between civil law and criminal law. Criminal law is defined as a set of laws that have been set forth by the governing body or government of a place to protect its people and land. The main thing being that the government enforces these laws instead of the private sector such as in civil cases. Civil law is more for those instances when an at fault party does damage to you or your property and you want damages paid to you for those things.
Now that the definitions are taken care of let us take a quick second to examine the different types of criminal attorneys. The two main categories of criminal law lawyers are the defense and the prosecution. Some common examples of this would be a public defender and a district attorney.
Now on to the civil case attorneys, there are two main categories much the same as the criminal case attorneys. The two major categories are the attorneys who deal with divorces, trusts, property disputes and wills. This civil attorney spends little time in the courtroom and more time doing paperwork. The reason that this happens is because most times the two parties involved come to an agreement long before the problem goes to court. This type of attorney also hands contract and employee disputes.
The other type of civil attorney is the personal injury attorney. A personal injury attorney will take cases that have to deal with individuals being hurt or killed by the negligence or abuse of another person or company. Personal injury attorneys make up most of the law firms in the world today.
We have only talked about the major types of attorneys out there. There are literally hundreds of little sub categories that only deal with certain cases.
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Don’t Ever Speak With The Cops
February 2, 2010 | Leave a Comment
In theory I think that we all know we shouldn’t talk to the cops. In some sense, the cops are like gigantic younger brothers and sisters. They play nice, want to be your friend, but the minute you tell them something that can get you in trouble they run off to mom and tell. But we can’t not talk to the cops. Trust me. I know. I’m a Seattle DUI lawyer and my clients talk all the time.
And I also know how hard it can be not to talk. In many instances people just don’t understand what they are doing. They think the cops are truly “investigating” and not out looking for somebody to arrest. And they let the police officers take advantage of their authority in bad ways. But I’ve got some information for you I think might help.
First things first, you are not some great persuasive mind. You can’t make the cops bend to your will, or fake them out into believing that you are completely innocent and should just be let go. The cops want to arrest you. The more you talk, the more information they get, and the worse it is for you. Just be quiet.
Along the lines of not being able to talk your way out of a problem is the you can’t outsmart the cops. At least not at this stage of the game. If they want to talk to you, they know something about you. They are trained to get information that will help their case. And, usually, you are trained in hiding that information. Staying quiet just stops this entire process.
Next, contrary to what the cops might say or try to lead you to believe, the quieter you are, the less trouble you are in. The old “why not talk if you have nothing to hide” spiel only works if keeping quiet can hurt you. It can’t. And if you have nothing to hide, you shouldn’t have to defend yourself either. Staying quiet works. And it can’t be used against you later.
In the end, the choice to remain silent is going to be up to you. It will be hard. The cops know how to pressure you to get you talk. They know how to make you feel guilty. They know how to make you scared. Eliminate that. When they start talking you tell them you’re not talking and demand to speak with a criminal attorney.
Learn more about fighting off the cops with a Seattle DUI defense attorney. Visit our site to learn everything you need to know about Seattle DUI law and what you can do to prevent a DUI charge.
Placer County Criminal Attorney Is A Need For Your Case
January 31, 2010 | Leave a Comment
It seems that as the world changes, it becomes harder and harder to live without screwing up somewhere. Out of pure ignorance you could be breaking law and not even realize it until it is too late. The need for a defense attorney is becoming more and more necessary every day. People need help to avoid being punished for the crimes accused of them, whether they are guilty or not. This is where a Placer County Criminal Attorney comes in.
If you are in northern California, a Placer County Criminal Attorney makes it so that you are properly represented in court. They will ensure that you will be defended and your rights will be honored until proven guilty.
The Placer County Criminal Attorney is also known for being an expert in handling DUI cases. The attorney can fully educate you about the laws and other pertinent information that you should know about DUI laws.
If you would be able to settle with the right Placer County Criminal Attorney, then you can lessen your chances of getting into jail, suffering probation, getting your license suspended, and even a dismaying criminal record.
There are lots of ways for you to find a criminal attorney in Placer County. Take a look online for Attorneys that are in your area. If you live in Northern California, look for a Placer County Criminal Attorney. Check for experience in your issue as well as reviews on the quality of the attorney.
Being accused can bring a lot of stress to you and your family. The fear of jail time can really make you fear the complexities of the law to a point you want to give up. Your attorney should recognize this and make your case provide as little stress to you as possible.
Having the right people on your side can make the biggest difference in your experience. Not only can he make the process easier, but he maybe able to help your case to a point where you avoid the worst outcomes.
Don’t go to court without a professional help from a trained and experience defense attorney. It is certain that having an attorney can have a positive outcome on your case.
Don’t go to court in Northern California without trained council on your side. Whether you win or lose, guilty or not guilty, your battle with the law will be much easier with a Sacramento defense attorney, or Placer Country criminal attorney working with you.