Monthly Archives: October 2014

Resisting Arrest

[dropcap]R[/dropcap]esisting arrest is a criminal offense that occurs when one individual either runs away from a police officer who is in the process of arresting that individual, or when the individual threatens to or actually falls through with attacking the police officer while in the process of being arrested. Resisting arrest is a very serious crime in the United States, and definitely needs to be taken more seriously by the general public.

Finding Justice

There are also many other different scenarios that could be considered resisting arrest, says Frank Fernandez criminal lawyer, one of the top Criminal Lawyers. If a police officer announces that they are arresting a person (and have probable cause to do so), and move to put the persons hands in handcuffs, the person may resist as in moving away even if they weren’t to run away or attack the police officer. That to, could easily be taken as resisting arrest and is therefore against the law.

• Punishment for Resisting Arrest

The punishments for resisting arrest vary extensively by the state. Things that will be taken into account, in each state, are the circumstances of the resisting. For instance, someone who attacks a police officer or runs away is definitely going to be paying a heavier punishment, and could land them up to two years in prison. Resisting arrest is almost always classified as a misdemeanor, and the fines of resisting arrest will usually come in at between two to three thousand dollars at the most.

• Record

A major question that many people have regarding resisting arrest is whether or not a resisting arrest charge can be taken out of a person’s record. For instance, if a person who has resisted arrest in the past is now applying for a job, they may prefer that charge to be taken out of their record, as it could cost them the job even if it wouldn’t have any impact on their actual job performance. This actually varies state by state, with some states allowing this and others definitely not (criminal defense lawyer boston for example allows this). In the states that do allow it, the person will have to request the court to seal the record, meaning that no one else will be able to access it. Usually also, the resisting arrest charge will only be removed from record if the person was charged but then acquitted afterward, or if the individual was only a one time offender. Otherwise, the courts are likely to deny their request.

A you looking for a criminal defense lawyer? Franks your guy.

Requesting a New Judge for Your Case

Need for JusticeWhen it comes to family law cases, requesting a new judge can be much like trying to make an elephant move from one place to another. If he doesn’t want to move, it’s not likely to happen. In order to get a new judge, you’ll need to have the full force of the law supporting you, which can be hard to get unless you have very specific grounds. It’s not as easy as switching Criminal Lawyers.

Judge Assignment

The laws of your state determine the reason you end up with a particular judge, though in most states, they are assigned on a specific rotation. Often, the same judge will deal with everything to do with the case from the initial filings to the final trial. In some cases, you may be immediately aware that there is going to be a problem. Then again, you may not realize it until you have gone in front of the judge and he/she consistently rules against you. At that point, it could be too late- some states will not allow you to change judges after the case is underway.

Grounds for Removal Request

Most states require that you have specific grounds for requesting a judge be removed from your case and replaced with another. For example, if the judge has a personal connection with you or your ex, or if he/she has made an offer on the property you’re trying to sell. However, there are some states that don’t require you to state specific grounds other than the judge is biased against you for whatever reason. Then, other states don’t require any grounds be proven. This is a peremptory challenge, and can only be done if you have not gone before the judge.

Removal Motion

If you do have specific grounds for removal, the next step is to file a petition with the court, requesting that you get a new judge. Even in states that don’t require grounds to be stated, it must be put into a formal motion. This is not really a common issue, so most states do not have preprinted forms for this. You will need assistance from an attorney to increase your chances of getting a new judge. You can ask that the judge remove himself/herself from the case and if your reasons are valid, he/she may do so. However, if the judge does not excuse himself/herself, you can ask that the court order that a replacement be made. When you file this motion, a copy must also be served to your spouse.

Outcome of Removal Motion

You should know that if the court denies your motion or if you don’t act within a specific time frame, you’re most likely going to be stuck with the original judge assigned to your case. However, all may not be lost. You should know that if he/she honestly has a grudge, you could simply stop the case instead of proceeding and possibly getting an unfair result.

If you filed the initial petition, and your spouse did not file a counterclaim, you can dismiss your case and then refile. The next time around, your case could be assigned to a different judge, though the odds really do depend upon the number of judges in your particular county.

Representing Yourself in Family Court

Were you aware that you are not required to hire representation to represent your case in family court? You can choose to represent yourself if you wish. The Latin term for self-representation is “pro se,” which literally translates to “for oneself.” Though it is much cheaper to represent yourself, you should be aware that you won’t have an advantage or be given special treatment by the judge. The court will actually expect you to have an understanding of the legal rules and procedures- so make sure to do plenty of research before choosing to represent yourself.

First of all, you will need to make sure that you complete all of the necessary paperwork. The necessary paperwork will be dependent upon the legal action you’re seeking. The forms will vary according to the case you’re filing and the state you’re in. Visit the court clerk’s office for copies of the appropriate paperwork, or for him/her to point you in the right direction. They will be able to provide you information, but will not be able to offer you any legal advice at all.Family Law

Once you have all the paperwork and have it ready, you will file the paperwork with the family court clerk. You will also be required to pay the necessary filing fees at the time of the initial filing. You will also be expected to make sure that the documents get served to the other party so that they are notified of your intentions and have a chance to file their response. Look up the laws in your state regarding the appropriate methods of service of process.

Gather documentation you plan on bringing to the hearing. Make sure that all of your documentation actually supports your position. Also, take some time to learn court rules. Though you do not have legal representation, the judge will still expect you to know, understand, and follow the rules of the court. Your lack of knowledge will not be an excuse to behave improperly in court. You can get these rules from the court clerk. Take some time to read over and learn them before your court date.

Attend the hearing and be prepared to present your case to the judge. Since you do not have legal representation, the burden falls on your shoulders to prove your case. You must be prepared to present any documents to the judge that support your case. You should also be aware that you should never speak out of turn, and if the judge asks you a question, answer them. Finally, make sure that you always respectfully address the judge as “Your Honor.”

If you are in need of a criminal attorney, more specifically a Chicago criminal attorney then you should be aware of all of your options for lawyers. I’ve linked to my personal lawyer for obvious reasons.

Personal Injury Law Gives You Rights That are Enforceable After a Serious Accident

Personal Injury Lawsuit

There is an unwritten legal concept that applies to everyone known as the right to be free from harm at the hands of another. While this concept is not put down in law, so to speak, there are state statutes that cover Personal injury law which amount to the same thing. An accident lawyer (or a defense attorney) can help explain the laws further as they apply to a specific situation. But in essence, the law allows someone who was harmed to press suit against the person who caused the injuries.

The idea of creating a lawsuit in this kind of circumstance may seem counterintuitive on the surface. After all, states have laws in place that require the carrying of insurance to cover the bills after an incident. This assumes that all insurance policies are created equal when they are anything but. Someone who carries simple liability insurance may have a minimal policy that won’t cover the bills. Or the insurance policy is adequate but the insurer is finding excuses to not pay out. The injured party in this situation shouldn’t be left to pay the bills that they never incurred, and it may require legal action to make the situation right again.

There can be any number of ways in which to take legal action. Sometimes it may be that the offenders insurance company has paid out to the max, but it’s not enough. In this situation, there may be a provision in the victim’s policy to make up the rest of the bills. A strongly worded demand from a lawyer may be all that’s needed to get the victim’s insurance company to live up to the policy’s obligations.

Each accident case is unique, but Personal injry law is designed to apply to them in an even manner. The details of the accident and resulting injuries are used as guidance for how to proceed. It may be that a written letter of demand to the insurance company is sufficient to take care of the bills, along with negotiation. Or it may be that stronger action is necessary to win a claim that covers the medical bills and suffering in an adequate manner.

And for criminal defense lawyers in philadelphia you’ll want to grab Criminal Defense Lawyer – Montoya Shaffer

Megan’s Law: Compliance and petition for relief

The Sexual Offender Act of 1994 is more commonly known as “Megan’s Law” is the source of many complications for clients. According to a workers compensation attorney, your client may have the designation of a sex offender due to anything from dating someone one year younger than their age when they were of age of consent, to being involved in a substance fueled event. The limitations and expirations on the registration and restrictions on Megan’s Law are not standard, which means you may be able to petition for relief on your client’s behalf. Contact your nearest criminal defense attorney.

Petitioning the court for relief

There are many ways to petition the court for relief from the restrictions found in Megan’s Law. The most common is proving that the area that your client may be forced to live and look for work in constitutes cruel and unusual punishment, or is discriminatory. Many towns have tried to restrict offenders to areas that have no resources to support rehabilitation. As long as you can prove that your client has been in compliance, you have grounds for relief.

Making sure clients are in compliance

You can’t do anything about the compliance of someone who is not your client, but once they are you need to make sure they are in compliance with the law to the best of their ability. You can petition the court for amnesty, or make a plea arrangement that may not be related to the actual matter at hand in order to allow your client to move into compliance without winding up in jail too.

What to do when they are not?

Life can get complicated if you have a client who you have knowledge that they have violated the requirements of the law. If they have not registered, or have registered but live and work in an area that is restricted – you may be liable for reporting. When in doubt always consult a criminal defense attorney and make sure that you are up-to-date with the jurisdiction requirements in the area. If they are a Level III offender you may not be protected by privilege.

Understanding the zones in your coverage area

One thing that will serve you well is to make sure that you have a clear understanding of the zones in your area. You don’t have to have them memorized but it should be a paralegals on-going assignment to keep a file that updates areas covered by your license that fall under the restrictions originating with Megan’s Law. Having this on hand will help reduce the amount of time you need to do research to assess whether or not there are grounds for a violation.

Scales of Justice

Criminal Law and End of Life Issues

One area of criminal law that is rarely discussed is how end of life issues are handled. For clients who become terminal while incarcerated, or for terminally ill clients who are facing charges, there are options you can pursue to gain compassionate release, and/or to preserve their right to die in peace and with their affairs in order.

Petitioning for compassionate release

Filing a motion for compassionate release is something that many clients don’t even consider, but you as their criminal lawyer should suggest. In many instances, for non-violent offenders who are terminally ill, compassionate release can be quietly granted. It is not as rare as you think, but neither is it as common as it should be. You do need to be very careful to make sure that the terminal diagnosis is confirmed before filing the motion. It is also recommended that you meet en camera with the prosecutor on the case to advise them of your plans to file first.

The right to die

Many prisons now host their own hospice units, but getting your client placed on one can be a challenge. The right to die with dignity while incarcerated is something that is only beginning to become an issue in the courts. While many people only associate this right with a motion for compassionate release, for long term prisoners the compassion comes from being able to die among the prison population, but with care and dignity. You have to petition the court to allow for an examination by a doctor in consultation with the prison’s doctors to have your client recommended to hospice care. Once they are recommended for hospice care they can be relocated to the unit in the prison if one exists. If one does not exist, arrangements can be made with the care team for hospice treatment on their unit.

Getting charges dismissed for the terminally ill

If your client is terminally and facing charges you can petition the court to dismiss the charges at the court’s discretion as a trial would be frivolous. This is usually only applicable if the prognosis is less than 3 months. If your client is terminally ill but has a longer prognosis, meet with the prosecutor and judge to discuss a plea to avoid court. If it is very important to the client that they die without a charge, then discuss the possibility of dismissal or a plea of no contest.