It is a well-known fact that almost 90% of criminal cases do not go to trial but are generally settled with a plea deal. Most of the time, this is the prudent way to resolve a case both for the defense and the prosecution as there are massive expenses associated with litigating a case. Moreover, going to trial poses a risk for both parties involved as they are uncertain of the outcome, Litigation is an expensive and time consuming process and it ends to scare many criminal defense attorneys...
A primary issue in the criminal arrest process is what’s called probable cause. Police need probable cause to justify an arrest or demand an arrest warrant from a judge. In order to establish probable cause there must be objective circumstances that lead law enforcement to believe that a crime has been supposedly committed by a suspect. Police officers simply cannot use their gut feeling or hunches to justify an arrest or an arrest warrant. However, it is the judges and not law...
California legislators and voters approved a major change in the state’s criminal sentencing law in 1994 known as Violent Crime Control and Law Enforcement Act of 1994. In this act a statute known as the Three Strikes statute was introduced. It requires a minimum sentence of 25 years to life for third time repeat offenders with multiple prior serious or violent felony convictions. California Legislature and voters passed the Three Strikes law after several high profile murders committed...
The meaning of a criminal charge filed against you is that the Commonwealth or State will have to take an action against you. The first thing you should do after you are charged with a criminal offense or are expected of being charged with is to seek legal advice immediately. There are chances that you'll receive potential imprisonment, a fine, or a combination of both. If you hire the right criminal defense lawyer for yourself, he or she will do everything to alleviate the charges filed...
Have you ever been accused of a crime? If you answered yes, you may be wondering if you could be able to shield yourself in court without a lawyer or a specialist. Well! According to a 2014 review by the Magistrates Association, a fourth of every respondent is battling criminal allegations without a legal advisor. You may feel that you are pure and that you need not bother with an attorney. However, that is exactly a thought that could easily get you sentenced or you may stay guilty as...
Lawsuits that do not involve any criminal charges are generally referred to as civil litigation. Attorneys involved in civil litigation can represent both plaintiffs and defendants, where the plaintiff or defendant can be an individual, a business entity, or a government agency. In most civil litigation cases, the plaintiff is suing the defendant for money, whereas in other cases, the plaintiff may be asking the court to make an injunction in order to prevent the defendant from engaging in a...
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The AR-15 assault rifle which is one of the most popular automatic firearm in the country has a long history of being associated with mass shootings in the United States. It was most recently used in the Parkland School shooting in Florida, it is the same weapon used by Adam Lanza in the Sandy Hook Elementary School shooting in 2012. A few days after the Sandy Hook incident, an ex-con named William Spengler burned his house down and then shot and killed 2 responding firefighters before taking...
Over the years, sentences for drug charges in the state of Minnesota have become extremely harsh. Depending on the type and quantity of the drug in question, the offender will face different charges and the level of offense will vary. The Minnesota Sentencing Guidelines Commission has rules in place to determine the sentencing for different drug offenses. These sentences include presumptive sentences in order to encourage a sense of uniformity in sentencing. The defendant’s past criminal...
Criminal offenses are divided into two basic types in the United States: State and Federal Crimes. Criminal offenses are handled on both state and federal level but federal crimes are those which are criminalized by the U.S. Federal Legislation. Federal crimes comprise of a variety of serious offenses that result in strict charges. According to the laws established by the Congress, the persecution guidelines are forwarded by the United States Attorney in each federal judicial district. State...
According to a study published in the British Medical Journal, medical error is the third leading cause of death in the US after heart disease and cancer. Findings of the study were based on data collected from four different studies that assessed the rate of medical deaths between the years 2000-2008. The Centers for Disease Control and Prevention (CDC) compiled a list of some of the most common causes of death in the United States. The study was based on the death certificate forms filled...
The Office of Professional Responsibility (OPR) under the auspices of the Justice Department published a long-awaited report in 2010 that found former Office of Legal Counsel attorneys John Yoo and Jay Bybee of engaging in professional misconduct by authoring two memorandums in 2002 and 2003 which justified the use of torture in the crackdown on suspected terrorists in the wake of the 9/11 attacks. The title of the OPR report is Investigation into the Office of Legal Counsel’s Memoranda...
wrongful death and what you can do about it. The thing to note about injuries and accidents is that they can occur anywhere, anytime. Sadly, accidents are commonly caused by the negligent or reckless behavior of If you've had a loved one who passed away wrongfully, you may be wondering what qualifies as a someone else. According to statistics given by the Centers for Disease Control and Prevention (CDC), unintentional injury deaths are the fourth leading cause of death in the U.S. Some of the...
Slip and fall accidents are the most common type of personal injury cases recorded every year. In many cases, a slip and fall accident can cause serious harm, and it may even be fatal. People affected by slip and fall accidents are usually children and elderly people. In almost all slip and fall cases, the injury may have been prevented if the hazardous conditions were not present. In any slip and fall case, the owner of the property where the slip and fall incident took place is held...
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