Monday, August 20, 2007

 

Sixth Amendment Provides Right To Counsel

The Sixth Amendment of the Bill of Rights to the United States Constitution specifies that a person shall have the right to a speedy and public trial, by an impartial jury of the State and district where the crime is alleged to have been committed. It also states that the accused has the right to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of Counsel for the defence.

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

A person who knows that a crime has been committed and who helps the offender try to escape arrest or punishment is an accessory after the fact. An accessory before the fact is a person who assists or encourages another to commit a crime but who is not present when the offense is actually committed.

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?

I was the first attorney to produce a television talk show about legal issues from A to Z, so I know a little about the television shows in which the law enforcement officer typically says "you're under arrest". However, for purposes of a defendant's rights under the laws of the United States, an arrest may occur long before those words are uttered. The courts have concluded that an arrest occurs when a person reasonably believes he is not free to leave due to the actions of law enforcement officers.

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 an unlawful act that involves the killing of one individual by another. While the definition of the crime varies depending on the jurisdiction, the consequences of a murder conviction are severe. Many courts distinguish between murder, which is viewed as a premeditated crime, and manslaughter, a less serious offense.

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

Criminal law involves the prosecution by the government of a person for an act or omission (of an act) that has been classified as a crime.

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!

This page is powered by Blogger. Isn't yours?