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The pros and cons of the admission of guilt

The pros and cons of the admission of guilt

Pleading guilty and professing innocence in the same breath is not acceptable under American jurisprudence except under very special circumstances. Plea bargaining is the way out for the defendant faced with an onerous trial and the possibility of harsher punishment or penalties. In a plea bargain the defense and the prosecution agree not to proceed with the trial and work out a mutually acceptable agreement that benefits both parties. In a plea bargain the defendant, acting through the defense attorney, agrees to plead guilty and the prosecution agrees to drop some, if not all of the charges, thereby reducing the severity of the criminal act that led to arrest and imprisonment.

Assessing the grounds for dismissing charges

Assessing the grounds for dismissing charges

Being arrested, booked and imprisoned for criminal charges does not guarantee that a case will go to trial and result in a guilty verdict, and not all cases are decide through plea bargaining with the prosecution. An experienced criminal defense lawyer can highlight weaknesses in the prosecution’s evidence or testimony to prompt a judge to dismiss charges even before trial is decided.

Are bounty hunters hired by bail bondsmen crossing their limits?

Are bounty hunters hired by bail bondsmen crossing their limits?

Many defendants arrested and imprisoned for various crimes get released from jail. This happens when they deposit money in court and sign a bond assuring that they will appear in hearings and will extend all cooperation to judicial authorities in completing their case. The process is called bail and the amount parted with is the bail amount. Bail is intended to secure the cooperation of the defendant, and when defendants find the amount difficult to cobble up they turn to bail bondsmen who arrange to furnish bail bonds to court on their behalf.

Determining your bail options in the arraignment

Determining your bail options in the arraignment

Immediately following the arrest the defendant gets taken into police custody and will be lodged in jail till a date is fixed for a bail hearing where it will be decided whether or not the accused stands to get bail approved. Such a hearing will normally be called the arraignment. Bail will be available either by way of a bail bond, a comprehensive payment upfront or by furnishing a property bond.

The infinite possibilities in bail collateral

The infinite possibilities in bail collateral

Bail bonding is a serious and risky business and the bail bondsman can’t be accused of avariciousness if he wishes to cover his risks by securing the collateral of properties or other assets of the defendant.

Getting released before a trial – what it involves

Getting released before a trial – what it involves

Securing freedom from incarceration might sound like a great idea and something you should actively work towards achieving, but there is a sense of accountability that the situation brings and if the defendant adopts an irresponsible attitude and criminal mind set, we might well have a fugitive from justice on our hands. Then there are valid considerations about who funds the pretrial release that need to be debated.

The role of the bail bondsman in a federal court

The role of the bail bondsman in a federal court

Unknown to the common man a bail bondsman has an entirely different agenda when a case reaches a federal court. It is something unlike what you observe in a state court. First of all the federal court has a different take on bail bonds, something different from the state court. Usually the surety will be a responsible and reliable third party who furnishes a Signature Bond that is something like an unsecured promissory note. The other type of bond is the property bond which secures the collateral of the defendant’s property or that of the third party offering to execute the bail bond. By property we mean that the majority of cases involve securing real estate for guaranteeing bail bonds.

How the federal criminal justice system handles bail

How the federal criminal justice system handles bail

The system of handling bail in a federal court is markedly different from the process one is accustomed to in a state court, and this creates much ambiguity and heartburn among members of the public. In the federal system one doesn’t have a bail bondsman rushing to jail to free our loved one, the very day that we come to know of the arrest and incarceration. The federal court entertains several types of bail and most take a couple of days to weeks to submit and finalize. The final decision vests with the judge presiding over the court or the magistrate.

Does pleading guilty get you off the DUI hook?

Does pleading guilty get you off the DUI hook?

To plead or not to plead guilty is the dilemma confronting many DUI arrestees. The accused could be too short on resources to hire a high profile lawyer to plead his case, or the circumstances could make it pretty clear that a conviction is around the corner. In that case would it not be wiser to plead guilty and save yourself botheration and expense of hiring a lawyer? Alternatively, if you feel that you stand a good chance of coming through DUI proceedings unscathed, then hiring a lawyer would seem like an attractive option.

Negotiating the perfect DUI plea deal

Negotiating the perfect DUI plea deal

It’s easy to be overwhelmed by the heat and tumult of the DUI arrest but you should act with caution and take the right steps without exposing yourself to bullying or intimidation or any aggressive and rule defying effort to secure a conviction. Soon enough the prosecution will be approaching your attorney with a plea offer, a way out of the DUI quagmire, if you confess to the crime and agree to a guilty plea. Here we give you special insights into the plea bargaining process to help you navigate this legal maze.

Booked for DUI? This is what you avoid doing

Booked for DUI? This is what you avoid doing

Being arrested for DUI is a serious matter that can lead to many complications which in turn can shatter the normal pace of one’s life. It helps your cause a great deal if your behavior is correct, dignified and cautious during and after the DUI arrest. Here are five tips on how to handle yourself and be on your best behavior to avoid the worst consequences.

How influential is the DUI Police Report?

How influential is the DUI Police Report?

Getting your hands on the police report is very important if only to know their version of the events leading to arrest on DUI charges. For the defense attorney this will be his primary focus once he has taken up the task of defending you in court. The document gives a comprehensive idea where the prosecution is likely to nail the defendant in a DUI hearing and forewarns the attorney how to prepare the ideal defense strategy. That is why this report is essential to fight a case correctly.

Why does the urine sample give an inconclusive DUI?

Why does the urine sample give an inconclusive DUI?

Given the choice it would be a wiser man who elects for the urine test in place of other chemical forms of testing. If you happen to be weighed down by the realization that you have had too many drinks passing through the gullet, it is better to opt for the urine test, and there is a solid reason why that decision could turn the tables when you are charged with DUI.

The conditionality that accompanies adult probation

The conditionality that accompanies adult probation

We often hear the defendant was called to court and later placed on probation. In legal terms probation involves the immediate release of the accused from police custody on the condition or understanding that the accused maintains good behavior and crime free passage for a specific period under supervision of a probation officer.

Sexual criminal charges and how to deal with them

Sexual criminal charges and how to deal with them

An accusation of sexual molestation or assault is a very serious charge and it’s a very big responsibility shouldered by the investigator and later on by the prosecution to prove what happened. This raises the question how do we go about proving a sexual criminal charge? What do you do when the victim is too young to even speak coherently? What happens when there is a suspicion that the crime did not occur? Statistical evidence suggest that one of out every ten cases of sexual assault was fabricated, meaning that the accused was innocent of the charged crime and was falsely implicated.

The ins and outs of criminal proceedings explained step by step

The ins and outs of criminal proceedings explained step by step

The investigative stage The 911 phone call activates or triggers the criminal investigation, and such calls can emanate from a number of sources – injured survivors of a criminal attack, police informants or witnesses at the scene of a crime. The call and its immediate fall out prompts investigators to search for clues or direct evidence linking the crime to suspects and their motives. Usually a head detective or lead detective will be assigned a case and he leads a team of investigators assigning each member different roles suited to move the investigation to a logical conclusion. It is natural that during interrogation of a suspect or witness the detective might ask questions that can be sensitive and affect one’s involvement in the crime; therefore it is best to restrict oneself to commenting on issues only in the presence of a skilled criminal defense lawyer. Arraignment- the investigation is officially over and case is filed in court On completion of all formalities connected to the preliminary and detailed investigation, the investigative officer is required to file an affidavit stating the bare facts of the case and informing the magistrate about the charges that are listed against the defendant. The magistrate studies the affidavit to ascertain whether an offense has been committed and whether the charges listed or action proposed are appropriate and warranted. The magistrate may then issue a warrant for a suspect’s arrest. The arraignment is the via media for the magistrate (court) to make the defendant aware of the charges held against him. Presenting the case in court The case and case files are signed sealed and delivered to the office of the District Attorney. Attorneys there go through the facts of the case to decide whether or not a case exists that the prosecution can follow up. At this stage the decision emerges whether the case goes to court as a misdemeanor or a full blooded trial before a grand jury for the more serious crimes or felonies. The initial hearing, appearance or setting (decision regarding appointment of defendant’s counsel) This setting takes place either in the magistrate court or where the case is being heard and the intended purpose is to ensure whether there is a lawyer appointed to represent the defendant. If for any reason there is no lawyer, this has to be explained to the judge and a form called the “Election of Counsel” needs to be filled in. If the defendant requires the court to appoint a lawyer to act on his behalf, an “Affidavit of Indigency” will need to be filed explaining to the judge why your circumstances are indigent and warrant a compassionate view. To decide the issue the court may convene a separate hearing.

The situation works in different ways. If you are arrested and incarcerated and unable to bond yourself out, the court has an easier task deciding that you can avail the services of an in house lawyer for free. But if you are freed after posting bail, the court can take the view that you have to reimburse the court for appointing a lawyer. Basically, what this means is that you can’t take it for granted that a court appointed lawyer will be arguing your case for free, and since you have chosen to forego appointing your own lawyer you could just as well end up paying the court for appointing a lawyer they choose to act on your behalf. So choosing a lawyer is an option that has to be considered carefully after weighing the benefits of a court appointed vis-à-vis the self-appointed lawyer.

Mitigating factors reduce the gravity and seriousness of a crime

Mitigating factors reduce the gravity and seriousness of a crime

Sometimes the gravity and seriousness of a crime may leave you fearful and expecting the worst and believing that you are staring at a long prison sentence or worse punishment, but very often mitigating circumstances might prove to be the saving grace and prompt the judge to take a lenient view.

Hire the Criminal Defense Attorney

Hire the Criminal Defense Attorney

When and where to hire the criminal defense attorney

Very often, the trial defendant weary of the length and hardship that a prolonged trial imposes decides to plead guilty to secure a plea bargain with the prosecutor, but as always it’s wise to follow the advice of an experienced criminal defense lawyer.

Fountain Valley bail and bond issues that matter

Fountain Valley bail and bond issues that matter

Bail and bond issues that matter to the accused charged of any crime

If a conviction is impeding progress, this is what you do

If a conviction is impeding progress, this is what you do

The background check is the modus operandi for unearthing criminal conviction when people move applications for job vacancies and tenancy with prospective employers and landlords. Past convictions often stand in the way of reintegrating convicted persons into the mainstream of society. This leaves unanswered the larger question, what does a convicted criminal do to safeguard his legitimate interests once the conviction charge is over and done with?

Hacienda Heights Bail and Bond issues

Hacienda Heights Bail and Bond issues

Bail and bond issues that matter to the accused charged of any crime

Repercussions of being charged

Repercussions of being charged

The repercussions of being charged with felony

A felony is a crime more serious than a misdemeanor but a crime nevertheless which is punished more severely and fined more substantially than lesser offenses. Some people might grumble that it is much harder being a law abiding citizen and considerably easier to take the deviant path to a felony charge, but what a person may not realize at the material time is that a felony attracts lifelong consequences that can create a devastating impact on the quality of their lives.

California sexual abuse laws

California sexual abuse laws

California sexual abuse laws get more teeth to book perpetrators

Owing to greater awareness among the public and more effective dissemination of information through the media, more women than ever before are coming out to report sexual abuse and molestation in the hope of seeking justice for the traumatic experiences they have undergone. Victims of sexual abuse can now expect speedier justice consequent to path breaking changes in sexual abuse laws in California, and a wider interpretation of the statute of limitations that empower attorneys to fight strongly and bring perpetrators to book.

La Habra Bail and Bond

La Habra Bail and Bond

Bail and bond issues that matter to the accused charged of any crime

Finding yourself in jail can become a no-win situation when you are charged with heinous crimes or serious violations of the law of the land. Once you are inside the four walls of a prison cell, the overwhelming thought will be to get out as quickly as one can. But how does one accomplish the seemingly impossible? You will realize that you are booked for a crime the moments following the arrest. The next step, the good lawyer will explain, is to post your bail. In this process a fixed sum of money is payable to the court for expediting your release. Here we attempt to demystify the process of booking and bail and bail bonds in terms that a layman can easily understand.
The process of being booked for a crime

Questions on the legality of marijuana use

Questions on the legality of marijuana use

American society’s dalliance with Marijuana has seen some surprising twists and turns and roller coaster rides. News used to be dominated by police crack downs and drug busts and sizeable seizures. Gradually the newsprint and media have switched to coverage of states legalizing the use of marijuana. This singular development has begged the question whether marijuana use has indeed been legalized as it has been trumpeted and whether the legalization has been initiated by the federal authorities. If that were not the case, are the states in a position to legalize use? More important, are these changes of a permanent nature, or are we experiencing a fleeting type of legislation destined to be submerged in the hurry burry of routine life?

Bail and Bond Lakewood

Bail and Bond Lakewood

Bail and bond issues that matter to the accused charged of any crime

Finding yourself in jail can become a no-win situation when you are charged with heinous crimes or serious violations of the law of the land. Once you are inside the four walls of a prison cell, the overwhelming thought will be to get out as quickly as one can. But how does one accomplish the seemingly impossible? You will realize that you are booked for a crime the moments following the arrest. The next step, the good lawyer will explain, is to post your bail. In this process a fixed sum of money is payable to the court for expediting your release. Here we attempt to demystify the process of booking and bail and bail bonds in terms that a layman can easily understand.
The process of being booked for a crime

Privileges that block others from testifying against you

Privileges that block others from testifying against you

The Miranda Rights are quiet explicit in acknowledging that the criminal defendant cannot be placed in a situation where he can incriminate himself by speaking without prior warning. But this is no means the only protection given to a defendant by law. The law has in force several privileges that prevent third parties from testifying against the defendant.

Acknowledging the impact of mistakes

Acknowledging the impact of mistakes

Acknowledging the impact of mistakes we make and the crimes we commit

It is wisely said that to err is human, and it is widely acknowledged that we all make mistakes and we continue to do so time and again. It is not a bad thing if we learn from those little mistakes and become stronger, and more empowered and confident individuals. But there are some persons that have made mistakes on a sudden impulse, apparently minor mistakes, but with far serious consequences, and some mistakes have ultimately landed people behind bars.

When the Police flag you down

When the Police flag you down

Knowing what to do when the police flag you down

If you are flagged down by the police you may suffer the jitters and your mind may undergo a kaleidoscopic range of emotions because there is a whole Pandora’s Box of criminal charges that could open up with far reaching consequences. You stand a better chance of emerging unscathed if you are fully aware of your rights under the constitution when the police stop and question you by the road side. There are broadly three scenarios that open up when the police fag you down – you may have violated some traffic law, or the police suspect that there is suspicious behavior indicative of a criminal act, or the police are in the process of apprehending what they believe to be a known criminal suspect following an All Points Bulletin.

When a Private Defense Lawyer is beyond

When a Private Defense Lawyer is beyond

What to do when a private defense lawyer is beyond your financial resources

The core of criminal jurisprudence is the constitutional right exercised by a criminal defendant to have a legal counsel represent him in court.

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