Categories of Crime Under Criminal Law

Lawyer reviewing a paper

Lawyer reviewing a paperA crime is any act punishable by your state. Civil and criminal law are the two broad categories of law. Civil laws mainly focus on legal controversies and monetary damages. Criminal law, on the other hand, involves serious crimes.

Penalties for breaking criminal law are unlike in the case of civil law, which involve forfeiture of a convict’s rights and imprisonment. With these consequences, it is prudent to hire a criminal defense lawyer in Provo to ensure you get an acquittal when faced with a criminal offense charge.

Here are different categories of criminal law based on their severity.

1. Infractions

At times referred to as petty offenses, an infraction is a violation of municipal code, ordinance, and administrative regulation. Under some jurisdictions, this includes local traffic, and state rules.

These offenses are punishable by fines and no incarceration. When used as a punishment, incarceration is typically for a limited period. Disorderly conduct, DUI, and petty theft are some common types of infractions.

2. Misdemeanors

These crimes are more serious compared with infractions. They are punishable by incarceration at a local county jail or through fines.

Deception, theft, stalking, gross indecency and aggravated assault are common criminal offenses in this category. Experts typically regard misdemeanors as crimes of moral turpitude, unlike infractions. Misdemeanor convictions might hence reduce your chances of getting a good job or a scholarship.

3. Felony

This is the most severe criminal offense. A felony is punishable by a fine and incarceration of more than a year. A felony conviction is also grounds for deportation in the case of immigrants.

Felonies include arson, rape, robbery, terrorism, treason, and kidnapping. Felonies in most states have a three-strike law, which stipulates a life sentence for anyone convicted of a felony thrice.

These classifications of criminal law affect not only the punishment for the crime but also their prosecution. Felony charges, for instance, require an indictment or preliminary hearing, unlike other criminal offenses. Juries are also typically reserved for felonies and serious misdemeanors.

The 4 Things You Need to Do When Turning Yourself In for A Warrant in Raleigh

Hiring a Lawyerr

Hiring a LawyerrHow do you handle a situation that will land you in jail? Your reaction will determine what occurs during and after a Raleigh court issues a warrant for your arrest. To avoid further tussles with the law and ruin your future, it’s best to turn yourself in.

Here are the four crucial steps you need to take to minimize the impact of an arrest.

Take control and hire a lawyer

Before you drive to the county jail and officially turn yourself in, you need to get proper representation. A good defense lawyer will determine the charges against you, severity of the case, and penalties involved. After getting the relevant details, your lawyer can then negotiate your detention and case with the district attorney.

It’s important to hire a lawyer before you go into custody. Getting a lawyer before your incarceration could reduce the time you spend in lock up. Your defense lawyer can also argue in court that the specifics of your case don’t require time in jail. For example, the warrant is for “failure to appear in court.” Your lawyer can get it struck, which saves you from jail time and bond payment.

If the warrant stands, your defense lawyer can get a lower amount of bond. The amount, according to Bailbondsraleigh.com, will depend on your financial ability, criminal record, the severity of the alleged defense, and strength of evidence.

Your attorney could also put your family or friends in touch with reliable companies providing bail bonds in Raleigh, NC.

The Right TimingTurn yourself in on the ideal days

Never turn yourself in on a Monday or Friday. On Mondays, authorities have to process a backlog of arrests that took place over the weekend. On Fridays, the courts might not have enough time to see you before the weekend, which means you stay in custody. It’s best to turn yourself in on a Tuesday, Wednesday, or Thursday — bright and early.

Exercise your right to “remain silent”

You’ve heard the Miranda rights repeatedly on TV or in the movies. Now it’s time to exercise what you’ve heard, and not say anything because “it can and will be used against you in court.” Anything you “blurt out” or say in passing while you’re being processed can be interpreted in a negative way.

Wait for your lawyer to show up before you answer any question. Your lawyer’s guidance can prevent you from saying the wrong things, which will weaken your case.

Bring only what’s necessary

County jails will confiscate cigarettes, pocket knives, and other contraband. You may also want to leave your mobile phone at home. Bring only your identification and prescription medicines. If you have a condition requiring medical equipment, ask your lawyer about policies at the county jail.

Whether the warrant is for a DWI or failure to appear in court, following the right steps can minimize the impact of an arrest. Get a lawyer who knows how to reduce the required bail, turn yourself in on the right days, exercise your right to remain silent, and bring only the essentials.

Arm Yourself with Information: How the Bail Process in NC Works

Jail System

Jail SystemUnless you have dealt with the court system in North Carolina, chances are, you have learned everything you know about bail from movies and television. But there’s quite a bit more to the process than a judge banging his gavel and yelling, “Bail is set at $100,000!”

Read on to brush up on your knowledge about bail and bail bonds in North Carolina — so the next time you or a loved one is arrested, you know what to do.

The Bail Process

Arrested individuals are first taken to the police. A police officer then collects information about the accused, including name, physical appearance, address, and the alleged crime. The police also conducts a background check, takes fingerprints and mug shots, and seizes the suspect’s personal property.

Finally, the police puts the accused in a jail cell, and have them stay there until the suspect posts bail. For less serious crimes, the accused may post bail immediately, but for more serious crimes, the accused may need to wait for a bail hearing where a judge will decide whether the accused may post bail, as well as the amount of bail.

Bail Explained

Bail is an agreement between the defendant and the court. By signing the bail, the defendant agrees to post a certain dollar amount, and promises to return to the scheduled court date.

Signing a bail also releases a defendant in exchange of bail bonds until all the proceedings and trials are done. If the accused doesn’t hold up their end of the bargain and misses a court date, the bail bond will be immediately forfeited, and a warrant will be issued for arrest. If the accused shows up, they will likely get the money back at the end of the trial (depending on the bail type) — even if convicted.

How the Bail WorksHow the Court Determines the Amount of Bail Bond

So how much should the bail amount be? It depends on a number of different factors. These include the nature of the crime, the person’s criminal record, and their likelihood of appearing in court, or their likelihood to leave or flee the area to avoid trial.

In North Carolina, there are pre-set bail amounts that depend on the alleged crime, but these factors may increase or increase the amount. For instance, if this was a first offense, and the accused is employed and has a family in the area, the judge may choose to reduce the bail amount.

How to Pay for the Bail — If You Can’t Afford It

If the amount set is more than you or a loved one can afford, you can refuse to pay. The problem is you will need to stay in jail until the court date. This period may vary from days to months — depending on the locality and court system.

Your best option is to apply for a bail bond as soon as possible with the help of a bail bondsman in Raleigh, NC for example. When looking for an agent, however, make sure to choose one you can trust.

Reputation is the key. Your bail agent should be experienced and reliable with a good local reputation. In most cases, experienced, highly reputed agents know the timesaving techniques required to secure the fastest release. Make sure the agent offers flexible payment plans as well, as paying them the entire set fee at once can be a struggle.

To the average person, the whole bail process sounds simple enough, but there is much more to it than meets the eye. Hopefully, this article has helped you dig deep on the subject matter — so if anything were ever to happen to you or someone you love, you know what your options are.

New York Statute of Limitations for Personal Injury Cases

Personal Injury Lawyer

Personal Injury LawyerFollowing an injury or accident in the state of New York, you’re probably wondering about the specific state statutes that could have an impact in your case. Below is some basic information regarding the statute of limitations that could come into play in the event that you’re planning to take legal action following your injury, whether through filing a lawsuit for personal injury or insurance settlement.

What Exactly is a Statute of Limitations?

Each state has their own time restrictions, which is basically the specific time limit an individual has to file a lawsuit with the civil court of the state after the individual has sustained some type of injury or harm. This is commonly referred to as the statute of limitations, with the deadline for filing being dependent on the particular type of case an individual wishes to file. In the Big Apple, the laws on personal injury cases provide a plaintiff exactly three years from the injury’s date to file a personal injury lawsuit against the liable party or parties for the accident or injury.

You might be wondering why is this statute so crucial. Essentially, if a plaintiff does not file a case with the court prior to the closing of this three-year window, the courts in New York will most likely decline to hear the case, which means that all potential compensation will likewise be lost, says a personal injury attorney in New York. In addition, if a plaintiff files a personal injury lawsuit after the deadline determined by New York personal injury laws has passed, the court will instantly dismiss the case, except when specific conditions enable the extension or tolling of the predetermined deadline.

More Crucial Things to Keep in Mind

In the event that you have been injured as a result of another individual’s wrongful or careless actions, it is best to get professional medical attention as soon as you possibly can. You should also thoroughly document your claims so that you have sufficient evidence to back them up should your case go to court. Remember, you only have a limited amount of time to sue those liable for your injuries so make the most of it.

3 Situations that Call for Help from a Divorce Lawyer

Divorce Lawyer in Denver

Divorce Lawyer in DenverGoing through a divorce is one of the most difficult situations you can experience in life. Nobody ends up being the winner, but sometimes, it’s the only thing you can do when your marriage falls apart. When this happens to you, it’s better to hire a credible divorce lawyer instead of simply representing yourself in court. This way, you can have legal advice and guidance on how to protect your rights. Here are some reasons you should hire a divorce lawyer.

Unfamiliarity with the Law

Most people don’t have adequate knowledge of matrimonial and family law that makes representing themselves almost impossible. Divorce Matters says you need a divorce attorney in Denver, Colorado by your side. The lawyer can brief you about the basics you need to know, guide you on how to present yourself in court and help you make a case to successfully get what you deserve out of the divorce.

Being Too Emotional

Being too emotional can be your downfall in court. Some people just give up fighting for their rights because of shame, guilt, or fear. Some hurt their cases because of a sudden emotional outburst during a hearing. When you are working with a lawyer, you will be guided accordingly about how you should dress, act, and speak in court. Maintaining a good image in court will give you credibility.

Not Having an Objective View

Because of the emotional stress of divorce, people may find it hard to have an objective point of view about their situation. Emotions of sadness, fear, rage, resignation, or confusion may take over, and that will be detrimental to your case. A divorce lawyer can keep a clear head and unbiased emotional state to provide you with objective advice that will prove to be essential to your case.

These are just some of the situations that will definitely make hiring a lawyer a must when you’re going through a divorce. This way, you can come out as a better person and fight for what you deserve.

The Questions You May Have About Paying Child Support

Child Support in Denver

Child Support in DenverGoing through a divorce is a difficult process especially if you have children together. If you are obligated by the court to pay child support, then you should be responsible enough to do it consistently and on time. If not, the other parent can sue you.

Here are some common questions people who are paying child support have and the correct answers for them.

Will child support payments stop if I have a new relationship?

The quick answer is no, it will not. However, you can file for a child support modification based on the change. You just need to prove that there is a relevant change in your financial circumstances by presenting valuable documents in court. A trial may still happen for the judge to decide whether it qualifies or not.

Can I be prohibited to leave the country?

You can still leave the country if you’re required to pay child support if you have an arranged payment plan before your scheduled departure. Otherwise, you may be prohibited to leave the country. That’s why you need to make sure the payments are in place before you leave. This is the only way to avoid any legal process coming from your ex.

What qualifies for me to dispute the child support amount I owe?

If you want to lessen the child support amount you owe, you need to prove that there is a drastic change in your financial condition. This may be a long process, so you must be sure that your case is strong. It’s better to consult first with a credible Denver family law attorney to check your case. If it is good, then the lawyer can give you great legal advice on how to win the dispute.

These are just some of the most common questions parents that pay child support have. It’s still best to get legal advice from experienced lawyers to be sure about your case.

Grounds for Divorce in Suffolk County

Divorce Attorney

Divorce AttorneyDivorce is never easy, even when it is widely accepted. It is hard on the spouses, and even harder for the kids, to adjust to being single again. In some cases, it is the best option for everyone concerned. In Suffolk County, there are seven reasons the state considers good reasons for getting a divorce lawyer involved in a marriage.

No-fault

A no-fault divorce means no one is to blame for the breakdown of the marriage. The state has begun to allow no-fault divorce in 2010. Before that, you could not get a divorce even if your marriage has “broken down irretrievably”. This means that you or your spouse can ask the court for a divorce because you have not been getting along well for at least six months. You have to say under oath there is no chance you can make things work.

Fault

On the other hand, a fault-based divorce means either you or your spouse did something that led to the breakup of the marriage. These include:

  • Abandonment of a year or more
  • Physical or mental abuse
  • Imprisonment for three years straight or more within the marriage
  • Infidelity

When you ask for a fault-based divorce, you have to show proof of your claims. If you say your spouse was cheating on you, show pictures or provide other evidence that this is true. The judge will not grant your divorce under these grounds on your say. A fault-based divorce tends to be a bitter battle, and usually requires the services of a Suffolk county divorce lawyer, as DivorceAttorneyinLongIsland.com notes.

Separation

A compromise between no-fault and fault -based divorce is separation-based divorce. You can ask the court for a divorce if you have been separated for at least a year, either court-ordered or as part of a formal separation agreement. Whatever led to the separation in either case is not important as long as you meet all the terms of the court order or separation agreement.

You might think that a no-fault or separation-based divorce is simple and straightforward. Nonetheless, divorce law is complicated even if the process is not. It would be advisable to hire a divorce lawyer to handle all the formalities to make sure everything is kosher.

Family Matters in Court

Family Law

Family LawLove may be the most central aspect of a family or a relationship. Perhaps that’s why it hurts so much when complex disputes happen between family members or partners in a de facto relationship. The love and the trust that is in the heart of love are broken.

Fights in Court

Of course, disputes happen all the time between members in a family or a relationship. There are times, however, when the fight escalates to the point that it is fought out in court. In these scenarios, reconciliation may definitely be hard. The only resolution then will be whatever the result is in the court fight.

Professional Guidance

People who are going through such difficult times can approach family law lawyers in Brisbane, such as middletonlawyers.com.au. You can hire them to help you get through the negotiations and the court proceedings. A professional by your side may be for the best so you may heal and move on.

Legal Perspective

Family law or matrimonial covers the legal aspects of family relationship, especially the issues and disputes within families. De facto relationships are under family law but comprise of relationships where the two partners live together as a couple, but are not married, no matter if the two are same sex or opposite sex.

On Children

Now, family law has several sections which tackle numerous family issues. One tackles the rights of children, the responsibilities of each parent, and the resolution between family members in a dispute over children. This may include child custody and visitation rights.

On Violence, Assets, and Property

Family law also covers violence in families and families at risk of violence. Child abuse can be found here. Another section is on the division of assets and property in a dissolution of a marriage. De facto relationship disputes over assets and property are also taken up.

For you to be able to move on with your life and heal, you may need a satisfactory resolution to the fight. Family lawyers can help. You can rely on their assistance even after the court proceedings as well.