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Apr
13

Misdemeanor Crimes

by Criminal Defense in Miami

If you have recently been accused of a crime, or possibly arrested, you should speak to an attorney as soon as possible. You should recognize that being charged with any type of violation, no matter how minor or major, can have a devastating effect on your future by hindering your criminal record. Even a moving violation, or a traffic ticket, that is simply an infraction of the law can hold consequences such as license suspension when too many of these violations occur. While many people believe that a misdemeanor is the lightest offense a person can be charged with, they are sorely mistaken. A misdemeanor is a serious crime that is mainly categorized by up to a year in jail in most states, that’s a year in jail without the ability to work and provide for your family, go to school, care for your children, or enjoy the outside world. Not only will this type of conviction immediately affect you and your family, but it can hold consequences on your future due to the serious mark on your criminal record.

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Apr
12

Misdemeanor Crimes

by Criminal Defense in Miami

Misdemeanor is a petty criminal act as compared to a felony. Hence, the punishments charged on misdemeanor are less severe in comparison to felonies. Most of these crimes are charged with a fine or a short term in jail. The maximum punishment for such crimes is a jail term of a year. Here are some examples of common misdemeanor crimes: petty theft, prostitution, simple assault, public intoxication, incorrect conduct, trespassing, vandalism and other similar simple crimes.If a person is charged with a misdemeanor then he might have to face the following consequences: difficulty in obtaining a professional license, trouble in getting public employment, probation or part time imprisonment, and might also have to serve the community as a part of a community service program on a weekly basis. A person who is convicted with misdemeanor crime does not lose his civil rights. He retains the right to erase or expunge his criminal conviction. Though, the possibilities on the types of expungement are very limited. At present, there are only a couple of charges that can be erased.

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Dec
3

Crime Attorneys

by Criminal Defense in Miami

Being charged of a crime can be extremely trying because it puts you in a very difficult situation. If you are charged of a crime you need to find a criminal defense lawyer as quickly as possible because you need someone who will defend your rights and someone who will listen to you before automatically assuming that you did in fact commit the crime. When searching for a crime attorney there are many things you have to consider and you must know exactly what to look for. In order to do this correctly, you must first do your research. How does one of these situations normally work?

The first thing for you to understand is that you are already at a disadvantage. People are very quick to assume things especially is there is the slightest possibility that you did commit the crime. When hiring an attorney you must find someone who will not just boost your confidence but someone who will prepare you for every situation and for every cross examination. When you are fighting in a case, you are not thing only person who believes that they are right. Your opponent is convinced that you are the person who cheated them and you will have to show them otherwise!

Since this is already a tricky situation to get into you will need someone on the job who will be able to handle all sorts of situations. When you hire crime attorneys you need to check what their qualifications are because you do not want to be cheated either. When you are fighting against the world to prove your innocence you need someone there who will be able to win them over. The reason you are hiring a lawyer is because you need the help and in order for everything to run smoothly the person you hire must be qualified for the job.

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For More Information Visit: http://www.criminallawyerinmiamiflorida.com

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Dec
3

Minors and Alcohol-Related Crimes

by Criminal Defense in Miami

Starting in 1984, the National Minimum Drinking Age Act said that federal funds would be withheld from states if they did not all set their minimum drinking age at 21 years of age. Now, most states have very strict drinking and alcohol-possession laws regarding minors. When a minor commits an alcohol-related offense, it can have a major impact on his or her life. First, some states have “zero-tolerance” policies in place, which mean that minors are not even allowed to drive with a blood alcohol content, or BAC, under.08. However, the definition of zero-tolerance differs from state to state. For instance, New York allows minors to drive with a BAC below.02. This is because minors may choose to drink for family or religious functions, and thus it is a private event. On the other hand, in Texas, any detectable amount of alcohol in a minor’s system while driving can result in a DWI or DUI charge. Next, it is also illegal to sell alcohol to minors. However, some minors may have a fake ID that they use to purchase alcohol. If the information and description on the fake ID is consistent with the minor, then the seller may not be charged with a crime.  If a person allows a minor to drink at his or her home, then the minor causes an alcohol-related car accident while driving drunk, then the host can be responsible for part of the damages.

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Dec
3

Common Laws on Unlawful Firearm Discharge

by Criminal Defense in Miami

The right to gun and firearm use is one of the fundamental rights of all American citizens. However, as with any right there are restrictions that must be followed in order to maintain a peaceful and safe society. While there are many laws and legal restrictions that play a role in firearm restriction, some of the most important are those involving when and where it is legal to discharge a firearm. By understanding what these laws are, you are better able to protect your rights, freedoms, and interests.

Laws Concerning Firearm Discharge

Throughout the U.S., each state has the ability to set its own laws and restrictions in relation to who may buy a gun, who may sell guns, and when a gun may be used. While states have differing laws, there are some similarities between laws in different states. Some common firearm discharge laws include the following:

-It is illegal to knowingly discharge a firearm into public
-It is illegal to knowingly fire a gun on the right of way for a public road, street, or highway
-It is illegal to knowingly discharge a firearm over a street, highway, road, or building
-You may perform these acts if you are defending life or property
-You may perform these acts if it is part of your official duties
-If you are in an area approved for hunting and you have been personally approved to hunt, you can perform the above activities

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Dec
3

How Serious a Crime is a Felony?

by Criminal Defense in Miami

Felony is a serious crime in the United States. Most of the states all over the world have abolished the felony/misdemeanor distinction. But in the United States, the distinction still applies. Hence the Federal government states felony as a crime and gives a potential punishment for a year or maybe even longer in jail.

Felony Crimes

-Assault and battery 
-Burglary 
-Arson 
-Embezzlement 
-Theft 
-Illegal drug abuse or sales 
-Tax evasion 
-Racketeering 
-Espionage 
-Kidnapping 
-Rape 
-Murder 
-Fraud

There are various other crimes that are also considered an act of felony. For example, the possession of a deadly weapon even though legal can be termed as a crime. It becomes a crime when this weapon is carried to restricted areas like schools or public places where it should not be taken. Such a case would be a felony act.

Four Basic Categories

Common law divides the participants in felonies into the below mentioned categories:

-First degree principals: Those criminals who have committed the crime.

-Second degree principals: Aids and the abettors who were present during the time act was being performed.

-Accessories before the event: All those who helped the principal taking the action before the event took place.

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Dec
3

Felon Possession of Firearm Defense

by Criminal Defense in Miami

Any accused felon has limited rights when it comes to possessing a firearm. Committing a felony leads to many rights being stripped from an individual. The second amendment to our constitution states that “The right of the people to keep and bear Arms, shall not be infringed.” The amendment, although a backbone to the American Constitution, has been the series of much debate since its publication. Through this debate both states and our federal government have adjusted to the people’s rights and thoughts in our democratic government. Our society has gone through many changes since the second amendment was written and state and federal laws have been so strict about who can obtain a firearm, and those whose rights have been limited are often times breaking the law when they possess a firearm. Any felon that possesses a firearm is breaking the law. Penalties are severe and can destroy an individual’s way of life.

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For More Information Visit: http://www.criminallawyerinmiamiflorida.com

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Dec
2

Common Privileges of Assault and Battery

by Criminal Defense in Miami

The phrase “assault and battery” is widely misunderstood. A popular belief is that assault and battery consists of striking someone. As any good lawyer will tell you (as my Seattle criminal attorney acquaintance told me) while this wide held idea isn’t entirely incorrect, it is far from correct. Assault and battery are two different entities. Assault is the act of threatening bodily harm upon someone, putting someone in a situation where they fear for their life or attempting to put someone’s life at harm. Personal contact is not necessary to commit assault. A common example of assault is pointing a knife at someone or threatening someone’s life. Battery is when someone intentionally touches someone else against that persons will with a body part, object or substance. You do not necessarily have to hit someone to get arrested for battery. Spitting on someone could get you arrested for battery. There are ways around an assault or battery conviction. These exceptions are called “privileges” and will act as a suitable defense in a court of law. There are several assault and battery privileges, but here are five of the most common.

-Defense 
Three types of defense fall under this umbrella category: self defense, defense of others and defense of property. Self defense is the act of using reasonable force to protect yourself from physical harm. Defense of others is the act of using reasonable force to protect others. Defense of property is using reasonable force to defend your belongings. In all cases, the phrase “reasonable force” is key. You cannot hit someone with a shovel if they threaten to spit on you. Specific defense laws vary from state to state.
-Mutual Combat 
Mutual combat occurs when two or more people voluntarily agree to fight without the pretense of self defense. Barring excessive force (i.e. a kick to the face of a knocked out or downed combatant) nobody involved in the fight is likely going to win an assault or battery case. Only in the event of excessive force can an assault or battery case be likely.
-Discipline

In some jurisdictions, upholding discipline is an assault and battery privilege. In these cases, an individual is given the responsibility of using a reasonable amount of force to discipline someone and prevent them from hurting themselves, hurting others and destroying property. Hospital workers, mental hospital employees, teachers and parents can all use the discipline privilege in certain areas.

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Dec
2

Drug Crimes and Their Effects

by Criminal Defense in Miami

Drug crimes are a significant focus for law enforcement and the criminal justice system. Drug crimes can be very detrimental to society, even those who believe these crimes do not affect them, through death and injuries, health care costs for issues related to drug use and drug treatment, and ramifications of criminal drug acts. There are a number of local, state, and federal laws regarding these crimes. Almost every law somehow prohibits the manufacturing, possession, or selling of illegal substances such as cocaine, methamphetamine, heroin, and marijuana. Other types of illegal drugs include prescription medications such as painkillers or anti-anxiety medicines that are used by anyone other than the original patient. Manufacturing drugs refers to actually cultivating or creating illegal substances, such as those who grow marijuana plants or cook methamphetamine through a chemical process in their homes. The most common type of drug charge is for possession of drugs, meaning that the defendant knowingly possessed a controlled substance, without a valid prescription, and intended to use the drug for personal use or for selling. In addition to having the drugs on their person, the defendant can be charged for possession if the drugs are in their home, car, or other place where they have access, such as a work or school locker. Having drug paraphernalia such as a crack pipe and heroin syringe can sometimes be serious enough to warrant a drug possession charge.

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Dec
2

Conditions of Probation

by Criminal Defense in Miami

Probation is designed to offer courts an alternative to punishing a person with jail time. It can also be utilized as a part of a person’s parole conditions. The intent is to free the individual from the physical containment of prison while still keeping their lives under tight restriction and monitoring. The threat is that if the conditions of the probation are broken, the person can easily find themselves back in jail (or in jail for the first time, depending on the situation). Sometimes, people look at probation as an easy way to avoid prison. This is partially because prosecuting attorneys will sometimes present it as a “best case scenario” as part of a plea bargain or sentencing hearing. In reality, there is nothing easy about living under the strict conditions of a probationary sentence. The conditions of a person’s probation are set by the court. If applicable, they tend to be relevant to the crime for which the individual is being sentenced. For example, if a person is charged with a crime relating to a DWI, their probation may include the condition that they not consume any alcoholic beverages. Other conditions can include curfews that place set times on when the person must be home, required work hours, restrictions on where the person lives, limits on who the person socializes or comes into contact with, and paying fines or fees.

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