Monday, August 20, 2007
Sixth Amendment Provides Right To Counsel
As a criminal defense attorney you will be much more successful if you can relate to your client and can understand, not just the legal issues involved in the case, but the human issues as well.
Shalom!
Peace Be With You!
Friday, August 17, 2007
Accessory after the fact and before the fact
I have worked as a prosecutor and a defense attorney, and I was America's first television legal analyst, but regardless of the title that I hold I will eternally seek justice for my fellow human beings.
Shalom!
Peace Be With You!
Tuesday, August 14, 2007
What is an Arrest?
The timing of an arrest is significant because once an arrest is made, and before asking you any questions (other than your name and address), law enforcement officers must provide your "Miranda warning". The warning is as follows:
"You have the right to remain silent. Anything you say may be used against you in a court of law. You have the right to an attorney. If you can not afford an attorney, one will be provided for you."
However, even if the police officer does not read you your rights, the case may not be dismissed. The police officer does not have to read anybody their "rights" unless that officer wants to get a statement or confession from a suspect. If the officer does not want to record what you have to say and use it against you, he does not have to read you your rights.
If the police officer wants to ask you some questions other than your name and address, he must give you your "Miranda warning". It is important that you not answer the police officer's questions in a fruitless attempt to cooperate because this will make it more difficult for the defense attorney to defend the case at a later time.
Peace Be With You!
Shalom!
Tuesday, August 07, 2007
Murder is considered one of the most heinous crimes
Murder is considered to be one of the most heinous crimes. Hence,those accused of murder may face severe punishments including, but not limited to:
* Life imprisonment with/without parole
* Death penalty
*Fines and other punishments and penalties
The severity of the punishment is based on a number of factors, which include:
* prior criminal convictions
* status of probation/parole
* General community attitude towards the crime in question
* aggravating/mitigating circumstances
Murder defenses that may be used in a trial include: self-defense, insufficient proof or evidence, factual innocence, insanity, heat of passion,and more.
Shalom!
Thursday, August 02, 2007
Prosecution by the Government
A "crime" is any act or omission (of an act) which the sovereign has determined is injurious to the public, and hence, prosecutable in a criminal proceeding.
Most crimes in the United States are established by state and federal governments. Thus, the definition of a crime varies over time, in different states and in different parts of the world.
The state, through a prosecutor, initiates the criminal suit, and the person convicted of a crime may be incarcerated, fined, or both.
Shalom!
Peace Be With You!