Jan
9
Social Work/ Personal Cases
These may include child support and child protective services, missing persons, domestic violence and spousal or elderly abuse. Domestic legal social work is often identified as having extreme pros and cons to it. On the one hand, you’re working to make everyone’s home life better. On the other, the work can be stressful when confronting a perpetrator or heart-wrenching when confronting a victim. Social workers will work with law enforcement officers to assess a domestic situation, monitor a case to ensure that the desires of the court are carried out, and make further recommendations to the court for the disposal of cases.
Criminal Investigators and Special Agents
Also known as “the Feds”. Working in federal investigations is a whole new ball game compared to municipal police work. As for special agents, these are not limited to the FBI; nearly every federal agency has some type of special agent. These include the Department of Homeland Security, the Environmental Protection Agency, the Internal Revenue Service’s Criminal Investigation Division, the United States Marshals Service, the U.S. Secret Service, U.S. Postal Inspection Service, and the National Park Service. Special agent work is a way to combine a criminal justice career with many other fields of government work and specialty interests.
Immigration and Customs Inspectors
These are the public servants who control access of persons and property into and out of the United States. Quite a high-profile job lately, with today’s concerns over terrorism. A challenging job, with being able to speak multiple languages fluently a big plus (in some cases a requirement). Sometimes your biggest concern will not be stopping a terrorist, but preventing a confused, but innocent person from being mistaken for one! In addition, you maybe on the spot to check or clear visiting diplomats and dignitaries from other lands.
Police Detectives
This is usually an after-the-fact officer. The law enforcement officer does the arresting; you just solve the crimes. Be aware that it’s hardly the glamorous job Hollywood movies would have you believe; your reality will be day-to-day mundane tasks such as collecting forensic evidence, checking background records, interviewing witnesses, and testifying in court. Police detectives are of course categorized into many department specialties. Robbery and burglary alone accounts for a very large portion of police detective work.
Correctional Officers and Jailers
Well, that’s pretty self-explanatory, isn’t it? You’ll be responsible for the care, custody, and control of inmates, whether they have been arrested and are awaiting trial or have been convicted of a crime and sentenced to serve time in jail. A prison or jail is a controlled environment which in many ways is a microcosm of a society, with it’s own challenges to face. While the controlled environment of the jail or prison will seem a more secure niche, unexpected surprises can develop – particularly in the intake zone. And when things get out of hand in a prison, they tend to escalate quickly.
Homeland Security
Responsible to prevent, detect, respond to, and recover from acts of terrorism. Currently a high-profile job to say the least, and not for the faint of heart, but you can count on lots of federal support during this time of national crisis. You’ll be working with other federal agencies as well, such as the FBI and CIA, military counter-intelligence, and the NSA. The specialties with the Department of Homeland Security include collecting and sorting data on potential threats, surveillance, investigation, and assessing and alerting other agencies to potential threats.
Private Detective/ Investigator
The number-one most mythologized profession, misrepresented in movies and television about equally with spies. As opposed to the high drama and dangerous intrigue portrayed in fiction, your typical jobs as a private investigator might include tracking cheating spouses, gathering evidence for private attorneys in civil cases, or investigating spurious claims for an insurance company. Leave your Magnum, your Porche, and your nubile blond mistresses home – but always carry a notepad and pen.
Criminal Intelligence
Well away from any street work, the criminal intelligence agent works behind the scenes, gathering data on gang members, fugitives, and organized crime and logging it into databases where it will be accessible to officers and detectives in the field. This is often an under-recognized profession but obviously essential; when the officer types a gang member’s name into the computer in his patrol car and discovers the identities of the other five members of that gang, a criminal intelligence worker at the base made this possible.
Computer Crime
Not a specific specialty just yet, but dealing with the cyber-side of criminal justice is one of the most in-demand fields as the number of computers in society grows each year. You’ll of course need to combine your criminal justice degree with a computer science degree. Crimes committed through or with a computer may include fraud, offensive content, harassment and hate groups, drug trafficking, and cyberterrorism. If you imagined computer viruses or email scams were perpetrated by individual kids, think again: Computer fraud and data theft is actually an international organized crime operation and a multi-billion dollar per year industry! Police departments also need forensic data analysts on hand to find and recover evidence which may be on a suspect’s computer and may have been encrypted or deleted. In the future, a special department may be created within the criminal justice system to deal with this special category, as currently many police departments have to outsource their computer-related work.
This list hardly scratches the surface of every career opportunity available in the criminal justice field, but should provide a broad sample of what’s out there. Far from regular street police work, there are career opportunities to satisfy every interest and skill set.
By: Josh Stone
About the Author:
Jan
8
There are many lawyers that specialize in one specific field of law. We have all heard of criminal lawyers, civil lawyers and litigation lawyers. Well a car accident lawyer is the latest buzzword and they specialize in car accidents. They can be of real help in providing you relief, particularly when the other party does not have adequate insurance or if there are other legal tangles.
A real life example can help prove this point. A speeding car that had jumped the signal hit one of my friends car. The driver was a minor without a license and had no insurance coverage. My friend, apart from suffering from concussion and broken ribs, found that his car was a total write off and beyond repair. The minor could have been sent to jail but that would not have helped my friend. He then decided to approach a car accident lawyer and was lucky to have found a good one. With the help of this lawyer, my friend was able to get the money from the insurance company. And to top it all off, he was also successful in reducing the subsequent rise in his insurance premiums. He related his experience to all his friends including me and that is when we came to know of car accident lawyers.
There is only one word of caution though. As is true for any legal case, there are two possible outcomes. Winning a case is great but it is also possible that you might lose. You might find that the chances of your winning the case might be slim and you could end up in a situation where you are the one who ends up paying. So it is prudent to ponder over this point before knocking on the doors of a lawyer!
By: Ken Snow
About the Author:
Jan
8
5 Keys for Choosing a Criminal Lawyer
Filed Under Criminal | Leave a Comment
1. Experience – Find out how long any prospective attorney has been practicing criminal law. Moreover, it’s important to find out how many cases similar to yours they have handled. For example, if you are facing drunk driving charges, find out how many other DUI cases they have represented in the past year alone.
2. Skills - Closely linked with experience are the attorneys actual skills. A good way to gauge skill is not only weighing their experience but analyzing their track record as well. How many of those cases similar to yours did they win? Do they tend to settle or take the case to trial?
3. Reputation – Consult with colleagues, judges, and other lawyers to determine a prospective lawyer’s reputation. You can also research online to consult peer reviews and see if there is any press (negative or positive) on the attorney. You can also ask for references from the lawyer but unsurprisingly, they will likely only give you satisfied clients.
4. Cost – It’s no secret that retaining a criminal lawyer can be costly (especially when they are a well-established, reputable attorney). While you may be tempted to choose a lawyer based on the price alone, it should not be your sole determining factor. If you are facing possible jail time, hefty fines, and a tarnished reputation, you may find it well worth the cost to hire a reputable attorney. Remember the old maxim, “you get what you pay for!”
5. Personality – It’s important that you connect with your potential lawyer on a personal level. Why? Since a lawyer is providing a personal service, dynamic between you and your attorney may influence and set the tone for your case. It can also be difficult to end the professional relationship once you have signed with them.
By: Micah
About the Author:
Jan
6
The Importance Of A Criminal Defense Attorney
Filed Under Law | Leave a Comment
Criminal lawyers follow a strict code of conduct and ethics when representing a person accused of a crime. This is essential because in our system of justice, an individual charged with a crime is considered innocent until proven guilty by a judge or jury. Almost every expert agrees that it is always better to enlist the services of a criminal defense lawyer because the legal process can be complicated for the novice. Representing oneself in court can be confusing and overwhelming because knowledge of criminal law is essential to a fair and just trial. If one is unable to afford an attorney, the court will assign one who is known as a public defender.
Criminal defense lawyers act as both advocates and counselors for their clients. They play an important role in whether their client should plead or go to trial. They do this based on the evidence that is provided and the specific situation, such as a case of self-defense. They have established working relationships with prosecutors and are knowledgeable and experienced in all aspects of the criminal justice system. A criminal defense attorney will spend a lot of time going over the case, witness testimony, physical evidence, and their client’s testimony to decide how to proceed. He or she will keep their clients apprised of all aspects of the case and make recommendations on how to proceed. If the accused is going to receive the full benefit of a criminal defense lawyer, he or she will have to be completely honest and detailed with their situation.
After one is charged with a crime, the first person they should contact is a criminal defense lawyer. They should especially be present during police questioning. As well, the lawyer will arrange for the release. The lawyer will also handle such tasks as interviewing witnesses, preparing defense witnesses, enlisting experts, arranging for discoveries, managing and filing documents, research, and presenting the case.
When searching for a criminal defense lawyer, it is important to do your research such as interviewing the attorneys to ensure you have an experienced and qualified lawyer who understands your particular case. You can also search the internet, ask for personal recommendations from friends or family, or check with your local bar association.
If you are charged with a crime, it can be a scary and stressful time. You will have to face a prosecutor who is an expert in criminal law and is set on a conviction. A criminal defense attorney is there to guide you through the process and ensure that the trial is fair. A professional defense attorney will give you the best chance to either clear your name or help you obtain a fair outcome.
By: P Malcolm
About the Author:
Jan
6
Navigating Criminal Misdemeanor Prosecutions in RI- From Arrest to Trial and Possible Expungement
Filed Under Criminal | Leave a Comment
A misdemeanor is any offense punishable by up to one year in Jail. Typical misdemeanors are: driving under the influence of alcohol / drunk driving (dui / dwi), shoplifting, domestic assault, Second (2nd) offense refusal to take the breathalyzer, driving on a suspended license, writing bad checks, domestic vandalism, simple assault and battery, domestic disorderly, reckless driving, disorderly conduct, etc. There are different rules that apply to driving with suspended licenses and this article does not fully address those provisions.
It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island lawyer. It is a very bad idea for a person to represent themselves (pro-se) in a criminal case. Please note that this article only applies to Rhode Island misdemeanor offenses and does not apply to any other states!
After an arrest will the accused be released from police custody?
If a person is arrested for a criminal misdemeanor in Rhode Island (RI) there are several potential scenarios. The police could hold the accused and bring him to Court for an arraignment in District Court in the morning. The police also could call a justice of the peace / Bail Commissioner who could arraign the accused at the police station and release the person. The bail commissioner could also set bail in order for the person to be released.
It is usually not advisable for a person to give a statement to the police without a Rhode Island (RI) Criminal Lawyer / attorney. However, there are exceptions to every rule!
The accused who is arraigned by the justice of the peace must still attend a more formal arraignment in District Court after he / she is released from police custody.
BAIL AND ARRAIGNMENT
What is a criminal arraignment? Will I be released on bail? Should I take a plea at an arrainment?
The formal arraignment is the court hearing where a criminal defendant either pleads not guilty, or nolo contendere to the criminal charges. These pleas are described in detail below.
Should I take a plea deal at an arraignment without a lawyer?
NO.! It is usually a very bad idea for a person to plea nolo contendere without an attorney at the arraignment. However, there are exceptions to this rule especially if the person will be held as a probation or bail violator. It is usually very strongly advisable that the defendant says not guilty and retains a Rhode Island criminal lawyer. If the accused cannot afford a private criminal attorney they should go to the Rhode Island Public Defender’s office.
What is a criminal arraignment? Will I be released on bail? Should I take a plea at an arraignment?
If the accused pleads nolo at the arraignment they will be sentenced to a filing, probation , suspended sentence or jail time. Usually, the accused will work out a plea agreement with the police officer prior to pleading nolo contendere.
What is personal recognizance?
At the arraignment in District Court, the person will typically be released on bail after the person pleads not guilty. An accused should hire a Rhode Island criminal attorney to represent him/ her at an arraignment. For minor misdemeanor offenses, bail is usually personal recognizance which means the person does not have to come up with any actual funds. A defendant released on personal recognizance, has to promise that they will attend court for future hearings and / or trial. Personal recognizance is designated as an amount of funds. The accused does not actually pay any money! However, If the person fails to attend court in the future the accused will owe that amount of money to the State of Rhode Island.
What is cash bail?
If the Rhode Island (RI ) District Court judge orders cash bail then the accused must pay that amount in cash to be released. If it is cash bail than the defendant cannot post property.
What is bail with surety?
If the person is repeat criminal offender, the allegations are particularly bad, the person has a history of not attending court or for other reasons, then the court could set bail with surety. This means that the person only has to pay 10 percent of that amount or post property valued at full amount. If a person can not come up with ten percent then they can hire a bail bondsman who will post that amount for a fee. a Bail bondsman’s fee is usually reasonable. If the person attends all Court dates then they will get that money back at the end of the case.
What happens at an arraignment if I am already on bail, on a one year filing or on probation?
If the person arrested was out on bail for a previous offense, is on probation, is in the midst of a one year filing, suspended sentence or deferred sentence than the judge can hold the person as a”violator” pending a hearing. The judge can refuse to set bail and hold a person as a violator at the aci for ten business days which could be up to 14 days.
There will be a hearing 10 days later in which the person will be accused of violating probation or bail and also stand trial on the new charges. Please see below for more information
What is the most advisable plea at an arraignment and what happens next?
At the arraignment, A person should almost always say not guilty and hire an attorney. If a person cannot afford a lawyer then the person should go to the Public Defender. After the arraignment the matter will be set for a pretrial conference a couple of weeks later. In some very limited circumstances a person can work out a plea deal at the arraignment. It is usually a very bad idea for a person to enter into a plea agreement without an attorney.
PRETRIAL CONFERENCE
What happens at the pretrial conference?
At the pretrial conference a person canchange their plea from not guilty to nolo contendere if they agree to the sentence offered by the prosecutor after meeting with the prosecutor and or the judge and after finding out what the prosecutor is offering for a a sentence. A defendant can negotiate with the prosecutor through their lawyer. If a plea agreement cannot be worked out at the pretrial conferences the matter will be set for trial. The matter also could be scheduled for motions prior to the trial if motions are requested.
A person should never change their plea from not guilty to nolo contendere or guilty without a plea deal from the prosecutor.
PLEAS
What types of pleas are there in Rhode Island?
In Rhode Island, a defendant can enter one of four pleas: guilty, not guilty, nolo contendere or an “alfred plea”.
Guilty and Not Guilty Pleas
The pleas of guilty and not guilty are obvious. If the plea is not guilty then the matter will be scheduled for a trial on the merits in which the prosecution must prove beyond a reasonable doubt that the person is guilty of the alleged offense. The person will be presumed innocent and it is the prosecutions burden to prove that the person is guilty. Usually, it is a very very bad idea to take a guilty plea! Guilty pleas or a finding of guilt after a trial is always a criminal conviction in Rhode Island.
Nolo Contendere Plea
Nolo contendere means a person is not contesting the charges. When a defendant takes a nolo contendere plea in Rhode island, the defendant is indicting that he does not want to contest the charges but is also essentially admitting to the charges.
What is the difference between a guilty plea and a nolo contendere plea in Rhode Island?
There is a huge difference! A guilty plea is always a criminal conviction under Rhode Island law. A criminal conviction has major negative implications especially when a person applies for employment. A plea of nolo contendere may not constitute a criminal conviction in Rhode Island. A plea of nolo contendere is only a conviction in Rhode Island if there is a sentence of confinement (such as the ACI or home confinement), a suspended sentence or a fine imposed.
For example, A plea of nolo contendere with a sentence of probation and a contribution to the violent crimes indemnity fund or court costs will not constitute a conviction under Rhode Island law! For example, A plea of nolo contendere with a sentence of a filing and a contribution to the violent crimes indemnity fund (vcif) will not constitute a conviction under Rhode Island law.
However, anything with a fine attached to it will be a conviction under Rhode Island law. Therefore, it is important that the defendant gets either no fine or a contribution to the victims fund or court costs rather then a fine.
All misdemeanor plea agreements in Rhode lsland should be nolo contendere with court costs or a contribution towards the victims indemnity fund rather then guilty pleas!
Alfred Pleas
Alfred Pleas are strongly disfavored by judges in Rhode Island (RI) and are difficult to get. Alfred pleas derive from a United States Supreme Court case. In an Alfred plea, a defendant will admit that the state has sufficient evidence to convict him or her if the case went to trial but will not admit to anything.
Guilty Finding after Trial and appeals de novo
If the defendant is found guilty after trial the sentence will constitute a conviction. If a person is found guilty at trial in district court they can appeal de novo (of new) to the Superior Court and the conviction will be erased and the case will essentially start all over again in the Superior Court.
Obviously, the defendants best result is either a dismissal by the prosecution or an acquittal.
APPEAL
Can I appeal if I am found Guilty after Trial?
A defendant has two days to file an appeal of a guilty finding after trial or appeal a plea agreement that he / she is unhappy with. In the Superior Court appeal, the defendant has a right to a trial by jury. Whereas, in The District Court a person waives their right to a trial by jury but in exchange for their waiver of their right to a trial by jury has the right to appeal any guilty finding de novo (of new) to the Superior Court. A person charged with a misdemeanor essentially has two bites of the apple so to speak. A defendant can attempt to win at a judge decided trial in District Court and then if they lose they can do it all over again with a jury trial in Superior Court.
PENALTIES AND SENTENCES
What is a “filing” in Rhode Island?
If the defendant takes a not guilty plea or a nolo contendere plea then the case will be “filed” for a year. This is commonly called a “filing”. If the defendant does not get arrested or get in other trouble and complies with the conditions of the filing during the one year period then the case is dismissed and can be easily expunged from a person’s record after the year.
What types of filing are there in Rhode Island
There are two types of filings, not guilty filings and nolo contendere filings. A not Guilty filing is when the defendant maintains his innocence and the case if filed for a year. A not guilty filing is not usually allowed by Judges in the District Court. Not Guilty filings are extremely rare in the District Court. Some judges will not allow not guilty filings as a matter of policy. Not guilty filings are very beneficial to the defendant as the best case scenario short of a dismissal or not guilty finding because if the person is accused of a new crime or violating their filing the state will need to still prove their underlying case.
A nolo contendere filing is when the defendant admits to guilt and the case is filed for a year. The vast majority of filings are nolo contedere filings! A major difference between a not guilty filing and a nolo contendere filing is when a person is violated for a not guilty filing then the state / prosecution must prove guilt at that time. Whereas, if a person is violated for a nolo contendere filing, the judge simply must impose a sentence because the person has already admitted guilt to that offense.
If the person violates his filing by not complying with the conditions of the filing then the persons filing can be revoked by the Court. If a person takes a nolo contendere filing and gets into further trouble, violates the conditions of the filing or is arrested on a new offense then the person will be hailed back into court to be sentenced on the filing. (unless the filing was a not guilty filing which means the prosecution must prove the defendants guilt) There are various conditions that can be put on a filing inluding alcohol and drug counseling, domestic violence counseling or classes, restitution, no contact with the victim and community service.
Violation of conditions of filing
Please note, that a person who has a filing can be held for up to ten busines days at the ACI if arrested for a new charge / crime. A person who is on a filing must be very careful that he / she stays out of troubl.
If the person is violated from the terms and conditions of the filing then hypothetically the filing could become a conviction because that person has already admitted to the charges by pleading nolo contendere and giving up his right to contest the charges. Court costs will be imposed if there is a nolo contendere filing in a criminal case.
What implications are there for domestic violence offenses in Rhode Island?
If the underlying charge is for a domestic offense such as domestic assault / domestic vandalism or domestic disorderly conduct then the defendant will be ordered to have no contact with his wife girlfriend or the victim as the case may be. If the defendant violates the no contact order then the defendant will be charged with a separate criminal offense of violating a no contact order as well as violating the conditions of the filing or probation, as a result of the communication.
Probation in Rhode Island
If a person recieves probation then they will need to abide by the conditions of the probation and agree to keep the peace and be of good behavior. If a person violates his probation by being arrested for a new crime then the person may be held in Jail at the ACI as a probation violater. After ten days a person has the right to a hearing. At the probation violation hearing, the prosecutor must only convince the judge so that the judge is “reasonably satisfied” that the person violated the probation by committing the new offense. Also the person will be prosecuted for the new offense as a separate charge from violating the probation. There is a good chance that if a person is violated for his probation that the probation which was originally not a conviction will now ripen into a conviction.
A probationary period is a time of great risk for a defendant and a defendant must be careful to stay out of trouble!
A person can also be violated for his probation for various infractions that may not be criminal acts but that violate the conditions of probation such as not keeping probation informed of new adresses, leaving the state without permission, not paying court costs or restitution, not properly reporting to the probation officer, etc. When a person is under probation in Rhode Island he or she is essentially is in a contract with the state to keep the peace, be of good behavior and comply with the conditions and rules of probation.
What is a probation with a suspended sentence in Rhode Island?
If the charges are serious or the person has a lengthy criminal record of has already been placed on probation before then in addition to the probation, the judge may attach a suspended sentence. A person who has a suspended sentence is in a period of extreme risk because a new offense could lead to substantial jail time!
A suspended sentence is always a conviction under Rhode Island law. A person with probation and a suspended sentence attached will not spend anytime in prison unless the person violates the conditions of his probation as set forth above.
The period of the suspended sentence is the most time that a person could spend in prison if the person violates the conditions of the probation or commits a new offense. If the person violates the probation, the judge could sentence the person up to the amount of time that is suspended. Please note that the person could get additional sentence and or penalties as a result of the new charge. It is in the defendants best interest to have the period of suspended sentence to be as short as possible. The suspended sentence typically is for the same amount of time as the period of probation.
Please note that if the offense is driving on a suspended license there are special rules that apply that are set forth in the statutes.
Most prosecutors and judges believe that each sentence should be more severe then the last. A person’s first minor offense is likely to lead to only a filing which is the lowest form of penalty in Rhode Island. A person usually will only be allowed one filing.
It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island lawyer.
NO CONTACT ORDERS
No Contact Orders in Rhode Island explained
A “no contact order” means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party.
In other words if a person is under a no contact order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say “hi” if they walk by the victim by chance on the street.
Be very careful! A person can be arrested for violating a no contact order even if the victim initiates the contact and calls the defedant. A person can be charged with breaking a no contact order even if invited by his wife to come back to the marital home.
Even if the victim tells you that the no contact order has been dropped, do not take the victims word for it. You must see the piece of paper signed by the judge dismissing the no contact order before any contact or communication is initiated. A no contact order expires when the sentence period is finished. However, be careful because there may also be a restraining order issued as a reult of a divorce or family court matter or a District Court restraining order.
A person who is on probation or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order. For example, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI. We are not talking about the local town jail but the ACI.
DUI / Drunk Driving charges
In Rhode Island, any plea to drunk driving, driving under the influence, DUI/ DWI is a conviction under Rhode Island law. A breathalyzer refusal plea of guilty or “admitting to sufficient facts” is not a criminal conviction because a breathalyzer refusal is a civil case.
EXPUNGEMENT IN RI
Rhode Island Liberal Expungement Policy & Background Information:
Rhode Island (RI) has some of the most liberal expungement laws in the United States. If you are eligible for an expungement, why not get those menacing and harmful criminal records erased, sealed or destroyed! If a criminal record is expunged you are legally allowed to tell others that you have no record.
This article is an in depth and in detail explanation of Expungement law in RI as of August 2008. Expungement law and policy is in a state of flux. The legislature is attempting to make expungement policy even more liberal, while the governor is trying to make it more difficult to expunge records. Even the Supreme Court of Rhode Island (RI) has recently weighed in on expungment matters. These three branches of government are in disagreement concerning expungement policy.
In order to get a Criminal record expunged in Rhode Island, a motion must be filed and a Court hearing is required. You should contact a Rhode Island Criminal Law Expungement Attorney / Lawyer. It is not advisably to file an expungement without a RI lawyer.
Expungement of Dismissed records:
The general rule is that dismissed criminal charges (48a) can always be expunged unless the person has a prior felony conviction. This portion of the statute uses the standard definition of a conviction- a fine, suspended sentence or jail.
Should dismissed charges be expunged
Many people don’t realize that records of alleged crimes that are dismissed should be expunged / erased. Even though the case was dismissed, there is still an indication on the Rhode Island criminal computer records and on your Bureau of Criminal Identification (BCI) report that you were charged with the criminal offense.
The public can easily view the dismissed records and other rhode Island criminal records online by googling “rhode island criminal records”-Many people will assume that you did something wrong even if the case was dismissed. Some people will assume that you just “got off on a technicality” or that you are a bad character by the very fact that you were charged. A criminal record could effect your ability to secure employment and often is required to be disclosed on an employment application. A criminal record could also effect your ability to obtain government benefits or a employee promotion.
Are there dismissed charges that cannot be expunged immediately?
A dismissed charge may not be able to be expunged if the related charges cannot be expunged. For example, if you were charged with three offenses related to the same incident and 2 were dismissed but the third you recieved a sentence of probation. You would have to wait until the probation charge could be expunged until the other dismissed charges could also be expunged. The reason for this is because you cannot destroy portions of a file! I believe the primary reason for this rule is because it is logistically impossible to expunge a charge when there are other records in a related incident that cannot be expunged.
For example, John was charged with domestic assault, failure to relinquish telephone and disorderly conduct arising out of a domestic dispute with his wife related to their pending divorce. John received probation on the disorderly conduct. The assault and failure to relinquish phone charges were dismissed. John would not be allowed to expunge the two dismissed charges and would need to wait five years after completion of the probation to dismiss all the charges.
Expungement of Not Guilty findings.
The general rule is that not guilty findings after trial by a judge or jury can be expunged. However, if the not guilty finding relates out of the same incident for another charge which cannot be expunged then the not guilty finding cannot be expunged.-Pursuant to Rhode Island Law the following types of cases can always be expunged: Dismissals, No information, Not Guilty.
Expungement of one year filings
A filing is a penalty that is typically offered for first time offenders for relatively minor misdemeanors. A filing is the lowest form of penalty available and is always better than probation for an accused. A filing is when the case is put aside for a year and if the person stays out of trouble for a year then the case is eligible to be expunged and destroyed at the end of the year.
A domestic filing such as domestic assault, domestic failure to relinquish telephone or domestic disorderly conduct cannot be expunged for three years. A domestic offense involves the victim as a wife, family member or someone who the accused has been in a substantive dating relationship with.
If a person gets in further trouble during the filing period then the person may be “violated” and the person sentenced again for violating the filing. A person must be very careful to stay out of trouble during the filing period. If the person is charged with a new crime, the person will be brought before the Court as a violator as well as charged with a new crime.
At the initial arraignment, a person with a filing will probably be violated and can be held for 10 days in jail without a hearing.-If the person takes a plea deal on the violation of the filing or probation and a plea agreement on the new charge then neither of the charges can be exunged.
If a person is not violated during the filing period then a filing can be expunged even if there are other offenses after the filing.
Be careful, do not forget to have your filing expunged at the end of the year! It is not automatic. A certified copy of the expungement order must also be sent to the Rhode Island Attorney General ’s office, the Rhode Island State Police and the local police department that pursued the criminal charge.Remember, Under RI Criminal Law, A plea of nolo contendere with a filing and no fine is never a conviction.
Expungement or convictions, suspended sentences, deferred sentences, jail sentences or probation
A misdemeanor or felony conviction is any sentence with a fine, suspended sentence or period of incarceration. Even though probation or a deferred sentence do not constitute convictions under Rhode Island Law they are treated the same way as convictions for expungement purposes.
A misdemeanor case with the following sentence can be expunged five years after the completion of the sentence or probationary period: probation, suspended sentence, deferred sentence, stayed sentence, fine, jail.
A felony conviction, suspended sentence or probation / deferred sentence can be expunged ten years after the completion of the sentence or probationary period. Under the current state of Rhode Island law you cannot have any conviction, suspended sentence , fine or probation expunged if you have another conviction, suspended sentence , fine or probation on your record.
Expungement of felony deferred sentences
Pursuant to a recent supreme Court case, deferred sentences are treated the same way as convictions for expungement purposes. If a person receives a 5 year deferred sentence on a felony charge, the person is not eligible to have the charge expunged until 10 years after the deferred sentence has concluded.
This new rule is very unfair because judges and attorneys have been advising defendants that after a 5 year deferred sentence that they would be able to get the record expunged. Now the Supreme Court is pulling the rug out from underneath people who were promised that their deferred sentence could be expunged when they finished their sentence. Please note that the Rhode Island legislature was recently attempting to make it easier to expunge deferred sentences but this legislation was recently veteod by the governor.
Crimes of Violence issues
Certain crimes of violence can never be expunged and R.I.G.L § 12-1.3-1. states:-”Crime of violence” includes murder, manslaughter, first degree arson, kidnapping with intent to extort, robbery, larceny from the person, first degree sexual assault, second degree sexual assault, first and second degree child molestation, assault with intent to murder, assault with intent to rob, assault with intent to commit first degree sexual assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny.
Noticeable absent from the definition of crimes of violence is “assault.” It could be argued that assault is not a crime of violence as it relates to expungement. If the legislature intended that assault could not be expunged they would have included it in the list.
Legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.
David Slepkow is a Rhode Island lawyer concentrating in criminal law, dui / dwi, breathalyzer refusals, restrianing orders/ no contact orders, divorce, family law, child custody / support / visitation and personal injury.
David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, child support,custody and visitation. David has been practicing for over 9 years and is licensed in rhode Island , Massachusetts and Federal Court.
By: david slepkow
About the Author:
David Slepkow is a Rhode Island Criminal law, dui, divorce, personal injury, automobile accident & family law lawyer. http://www.slepkowlaw.com David Slepkow offers free initial consultations and accepts all major credit cards. For more useful information concerning Rhode Island Criminal Law and dui please go to: http://www.slepkowlaw.com/refusal.htm
For a list of law articles written by David Slepkow www.slepkowlaw.com/ri-law.htm
Jan
5
Nevada Federal Criminal Lawyers
Filed Under Criminal | Leave a Comment
Now, a little background. We are not recommending any of these attorneys and anything said in this article should not be construed as legal advice. We’re not lawyers, just people who believe in the constitution and who know that everyone has the right to quality counsel at one of the most stressful times in their lives.
When you’re arrested, several things are required to be done by law. First, you must have your rights read to you. If your rights have not been read to you, do not remind the officer. It is his or her responsibility to do it and if they don’t, that may be cause for a mistrial. Second, while you really do have the right to remain silent, the cops will do whatever they can to get you to tell them something.
Most people in these situations feel compelled to talk and think that by talking they can prove their innocence. The best advice however is to just keep quiet and demand a lawyer. If you talk without your lawyer present, it’s your problem and the lawyer will not be able to help you later, so remember, keep it quiet until your lawyer arrives. Now, here are a few firms that have Nevada federal criminal defense lawyers working for you:
Piet & Wright Law Firm
3130 S. Rainbow Blvd.
Las Vegas, NV
702-566-1212
(314) 505-5486?
(314) 505-5487? - Fax
“Piet & Wright is dedicated to providing legal services at the highest possible quality, while striving to offer fees that reflect the value of our services. We work diligently to offer personal attention to the needs of all our clients, building a strong relationship of confidence and trust, while holding ourselves to the highest standards of legal ethics and personal integrity.”
Christiansen Law Offices
520 S. Fourth Street
Las Vegas, Nevada 89101
Phone: (702) 598-1464
Fax: (702) 240-3939
“If you or your loved one is suffering from a personal injury or is charged with a crime, do not hesitate to contact us. We are happy to answer your questions and meet with you at NO CHARGE to discuss your legal options and how we can help. Our personal injury and criminal defense attorneys are devoted to protecting your rights and advocating for you. You do not have to go it alone. ”
Pariente Law Firm
330 S. 3rd Street
Suite 1075
Las Vegas, NV 89101
(702) 966-5310
“An experienced criminal defense lawyer is what you need if you have been arrested. Click the “Results” tab to see our successes and you’ll see why you need Michael D. Pariente to fight for you.”
By: Chuck White
About the Author:
Find nevada federal criminal lawyers on http://www.usalawyerstoday.com;. Discover the latest update on this topic
Jan
4
A Criminal Attorney For Defense
Filed Under Law | Leave a Comment
If one gets involved in any of the above-mentioned offenses either knowingly or by any mischance, a criminal lawyer must be consulted at the earliest to avoid any future complications. .
Everyone accused in any legal case always wants his or her case to be presented properly so that a positive hearing follows. And charges of murder are the most complex ones. Such cases even prove to be quite challenging for the experienced attorneys even. And the situation is worsened further if the accused is not actually guilty of the charges levied upon him/her. He or she may be rather entrapped in a false charge.
A Criminal attorney therefore strives really hard to prepare the case after extensive research. For even the minimum sentence for a murder case is 20 years. Moreover, cases involving false murder charges enhance the need for a good criminal defense attorney further. These attorneys are expert enough to guide their clients even if the latter have been wrongfully forced to confess the charge of a murder that he/she has not even committed.
A criminal attorney knows much better means of presenting complicated cases of murder. Although every criminal defense lawyer in Illinois claims to be the best only a few of them are certified to handle murder trials, involving death penalties.
There are a number of murder charges that a certified criminal attorney in Illinois can handle for his/her clients. There are different types of murder charges:
* First Degree Murder
* Second Degree Homicide
* Third Degree Homicide
* Manslaughter
* Felony Murder
* Assisting self-murder
* Commercial exploitation of self-murder
* Cases of DUI leading to killing a person and many more.
Finding A Lawyer
There are many ways to find good lawyers in the United States. Online search is the best of all. One may come across several lawyers over the internet which may get a little confusing. But, to make this search precise, one may sort this list as per the area of specialization of the lawyers. The next step would be to hold a personal meeting with the shortlisted attorneys. This is essential for it can only help the victim to adjudge the lawyer the former feels comfortable with. This procedure will also help the victim to know if the lawyer under consideration has ever handled a similar case in the past or not. Hiring a criminal attorney is thus the first step towards self-defense.
By: Linda49818a
About the Author:
A criminal attorney represents people in numerous cases like murder, forgery, and other unlawful activities. To know more about criminal law, and to seek legal assistance visit http://www.chicagocriminallaw.com/
Jan
3
Important Questions to Ask a Criminal Lawyer Before Hiring Them
Filed Under Criminal | Leave a Comment
The first thing you need to do is explain your case to them. Tell them what you’re charged with and give them a brief run down of the circumstances. Your first question will then be, “How would you handle this case?” As they answer, look for two things. First, make sure that they have a clear understanding of the case and that they’ve paid attention to the details.
Second, you’ll want to listen for a clear plan of action. The most important part of hiring the right lawyer is ensuring that they have a good idea of what the best criminal defense will be. Not only do you want to know that they know how to proceed, you’ll also want to make sure that they explain the process in a clear and easy to understand way. No matter how good a criminal lawyer is, if you go through the proceedings feeling that you have no idea what’s going on, the situation is going to become that much more stressful for you.
Next you’ll need to ask them about their fees. Keep in mind that different lawyers bill in different ways. Some will charge by the hour, some will charge for phone calls, others will charge for other miscellaneous expenses. Ask for a ballpark figure to get an idea of what the defense will cost you. You’ll also need to be sure that the terms are clear, i.e. when you’ll be expected to make your first payment or if they need a retainer. You do want to get the best criminal lawyer you can find, but you should be sure that they set clear terms on their costs.
Finally, ask the attorney you’re considering how they’ll work to keep you updated. Some attorneys will make sure to keep you constantly in the loop, others will only contact you when they have a question or information to share. If you’re looking for an attorney who will let you know how things are progressing, even if there isn’t much to report, be sure that you’re choosing someone who makes a point to keep their clients updated. On the other hand, if you only want to hear from your attorney when there is something important to report, make those expectations clear as well.
As you’re asking these important questions, also be sure that you’re paying attention to how comfortable you feel with the attorney. Remember that throughout your case, you’ll need to share personal and private information with them. Some of this information might be uncomfortable to talk about, and hiring a lawyer who won’t judge you and with whom you feel comfortable is important. At the end of the day, it’s your money and your criminal defense. Don’t settle for an attorney you don’t trust.
By: Colin Daives
About the Author:
Colin Daives writes general information articles about criminal and DUI law. Each state has different laws and every case is unique. His articles are not meant to be legal advice. To learn more, contact a Denver DUI lawyer or for assistance with your case in the state of Colorado, contact a Colorado DUI attorney today.
Jan
3
What Do Lawyers Actually Do For Their Money?
Filed Under Law | Leave a Comment
One who primarily practices law in a courtroom is a trial lawyer; of particular importance in trial work is the ability to think quickly and speak with ease and authority.Trial lawyers spend the majority of their time outside the courtroom; much of the work involved is looking into the case with interviews, statements and evidence plus legal procedures to check and follow.
It is difficult to get away from the law in any of its aspects; it affects everyone’s life from negotiating a house purchase to organizing a will and the reason why lawyers are governed by a very strict code of practice. Some areas of law are so highly specialized that legal representatives may never have to appear in a courtroom; although they are all licensed too represent in court when required.
Many areas of law now exist to meet the needs of a complex society; just a few examples are listed here: Bankruptcy,Insurance,International law, Personal Injury, Construction Law.
Considering the number of legal representatives there are, it is surprising just how many will never be required to attend a court of law!
The environment also as a branch of law where they might act on behalf of the government, private citizens or companies; some are shown below:
Construction Firms,State agencies,Oil Companies
These help clients prepare and file for licenses and applications for approval before certain activities may occur; they also represent clients’ interests in administrative adjudications.
Some attorneys concentrate in the growing field of intellectual property rights; protecting clients’ claims to copyrights, artwork under contract, product designs, and computer programs. Some lawyers who specialize in insurance law are employed in permanent positions within insurance companies; they investigate the legality of insurance transactions, writing insurance policies to conform with the law and protect companies from false claims.
The vast majority of attorneys work within the private sector where they can devote their energies to either criminal or civil law; criminal lawyers try cases or defend the accused party; whereas civil law deals with civil disputes, usually between two parties.
Another high profile legal position is in cases where the public interest is served; these cases may have an impact affecting communities in general, not just an individual, and can involve anything from government regulations to property interests. Lawyers who are endowed with a little more social conscience are the ones who work for charities and legal aid schemes; they help to look after the legal rights of disadvantaged and less fortunate people around the world.
By: James Hunaban
About the Author:
To learn a lot more about lawyers of all kinds, visit lawyers
Jan
2
How To Choose Your Houston Criminal Lawyer When Accused Of Sexual Crimes
Filed Under Criminal | Leave a Comment
So if you have been accused or questioned regarding a sexual crime in the Houston, Texas area, it is natural that you will be thinking the worse. But remember, you are innocent until proven guilty. The court will only sentence you when your crime is proved beyond a reasonable doubt. Hence, no matter how tight the case against you seems to be, if you hire a competent Houston criminal lawyer, he or she will find ways to prove that the evidence may be wrong. Also there are many other issues to consider. For example, what was the relationship between the accused and the victim? It has been proven that often sexual assault cases turn out to be nothing more than a way of getting back at the accused by the victim. Sometime child custody cases are the reason someone is accused of sexual crimes - especially in case of child sexual abuse.
Evidence like DNA can be contaminated by human error or in other ways. These things do happen so don’t let the police make you believe that all the evidences is against you and you have no option but to confess to your crime. No matter what they say, don’t say a single word without the presence of your Houston attorney. Even things that you think may prove that you are innocent, can be used in a court of law against you! It is your right to have a lawyer and exercise this right as soon as possible.
Hence you see that there are many sides of a case. So when you choose your Houston attorney, choose someone who is ready to go through all avenues to extricate you from the accusation. He or she should know that even DNA tests and results can be challenged as a simple human error can turn an innocent into a criminal. Similarly, he should be aware of all the process that was used in collecting evidences so that he can challenge any irregularity or find loopholes in the prosecution’s case.
In this account, you will not find a better lawyer than John. M Petruzzi to defend you in sexual assault cases in Houston, Texas. Why, because he has practiced law in Harris County for more than 28 years and is a former Harris County prosecutor. Needless to say, he knows the system inside and out. He knows where things can go wrong and find ways to raise doubts in the mind of the juries and judge regarding your case. Since he has been on the other side, he will know what arguments the public prosecutor is likely to state. Based on that, he will create his case in such a way that you get the maximum chance of winning your freedom..
Sexual crime accusations can ruin your life. So don’t delay a moment if you find yourself facing such a crime in Houston, Texas, call Mr. John M. Petruzzi immediately.
By: John Michael
About the Author:
One of the most draconian laws that are there in Houston, Texas is regarding sexual offences. Most severe punishments are handed to people who are found guilty of sexual assault, aggressive sexual assault or sexual crime against minor. So if you are in any such problems in Houston Texas, contact John M. Petruzzi.