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Can I Sue the Person who Accused me of a Crime?

Criminal Defense Lawyer

Many people who are accused of crimes want to know whether they can file a lawsuit against the person who accused them. Being accused of a crime is incredibly damaging to someone’s life, even if in the end they are acquitted, or the case is dismissed. There is so much harm that is done simply by forcing someone to go through the process of an accusation, that many times the person who is accused wants to look for a way to recover from the process as best they can.

The short answer is yes, you can sue someone who has falsely accused you of a crime. Filing a lawsuit is pretty easy – just about anybody can figure out how to do it. The better question is whether you can be successful in suing someone who falsely accused you, getting a judgment against them, and collecting on the judgment.

That’s a more difficult question. In most cases, no, you won’t be successful in a lawsuit.

First, you have to look at whether the person you are seeking to sue is even collectible. If everything went perfectly and you got a judgment against this person, do they have two pennies to rub together? How are they going to pay a judgment? So many times, people don’t consider this factor. They are so angry about wanting to sue the person who put them through hell that they fail to consider that even in the best-case scenario, they are never going to collect on any judgment that they obtain.

If the person you wish to sue is in fact collectible, then you have to consider whether there is actual likelihood of success. The likelihood of success in this type of lawsuit is extremely limited. The burden of proof in a civil case is different than that of a criminal case. This means that, even if it was decided that you weren’t guilty beyond a reasonable doubt, in a civil suit, the accuser could argue that you were in fact guilty, but there just wasn’t enough evidence to prove that in a criminal case. In a civil case, the burden is preponderance of the evidence rather than beyond a reasonable doubt. In order to prove that someone lied about you committing a crime, you would need very solid evidence that the person intentionally lied about you, such as an admission.

If the person that you want to sue is a police officer, it’s possible that you may have a viable lawsuit if your constitutional rights were violated during the course of an arrest or prosecution. If this is the case, you’ll want to speak to a civil rights attorney to discuss the matter in more detail.

Unfortunately, judges and prosecutors who are involved in cases where false allegations are prosecuted are given immunity from lawsuits in almost all cases, though there are some rare exceptions. It is unlikely, however, that you will be able to sue a judge or prosecutor involved in your prosecution.

If you have questions about filing a lawsuit for a wrongful prosecution, contact experienced criminal defense lawyers in Grand Rapids, MI today.

 


 

Thanks to Blanchard Law for their insight into criminal defense and false accusations.

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What do I need to know about alimony before I get divorced?

Spousal Support Attorney

If you’re headed for divorce, the court may include alimony payments (also known as “spousal support” or “maintenance”) in the divorce decree. The determination of whether you will be the one obligated to make the payments or your spouse will have to pay alimony will rely in large part on who makes more money. There are exceptions to this which a divorce lawyer can explain to you after a review of your circumstances. Two of the most common exceptions are when the marriage did not last long or if both spouses earned roughly the same annual salary.

Alimony Payment Arrangements

If the court decrees that you must pay monthly alimony to your former spouse, the arrangements will likely follow typical guidelines. Your divorce lawyer can inform you if any of the following will not apply in your case:

  • You will be obligated to make monthly alimony payments until a date specified by the judge. This is usually a period of several years.
  • You will be obligated to make monthly alimony payments until your former spouse remarries or cohabitates with another adult who contributes to their finances.
  • You will be obligated to make monthly alimony payments until your children no longer need to live at home for parenting purposes.
  • You will be obligated to make monthly alimony payments until a judge makes the determination that your spouse has not made a reasonable effort within a reasonable period of time to increase their income level.  
  • You will be obligated to make monthly alimony payments until or unless you experience a significant lifestyle change such as losing your job, substantial reduction in income, etc.
  • You will be obligated to make monthly alimony payments until you or your former spouse dies.

Coming to Agreement with Your Spouse

Just as with other aspects of your divorce agreement, you and your spouse can come to an agreement on who will pay alimony, the amount of payments, and how long they will make those payments. A divorce lawyer can represent you during these negotiations. If both parties are willing to invest the effort to make this process successful, it allows both of you to avoid going to court. When a judge has to make the decisions, the divorce process will likely take longer and as a result, will cost you more money in fees.

Protect Your Best Interests

Alimony payments can be a substantial financial obligation that lasts for several years. It may be in your best interest to hire a spousal support attorney relies on at the onset of the divorce proceedings in order that they can protect your rights from the very beginning.

Thank you to our friends and contributors at Scroggins Law Group for their insight into family law and what to know about alimony before you divorce.

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How to Get a Warrant Removed

Criminal Defense Lawyer

There is a certain type of discomfort that comes with knowing that your freedom is on the line and at any moment it can be taken away from you. An arrest warrant allows for any law enforcement officer to take you into custody when they have crossed paths with you. No matter the reason, minor or otherwise, no matter where you are, work or asleep, you can be taken to jail. The purpose of a warrant is to locate a criminal or someone who has an open case in court that has not been closed due to the person absence or sudden disappearance. If you may have been in some criminal trouble, or have a record of something as minor as an unpaid parking and would like to know if there is a warrant out for your arrest without crossing paths with law enforcement, you can contact the courthouse to see if there is a warrant out for your arrest.

After learning that there is a warrant out for your arrest, the wisest and scariest decision to make would be to report to the courthouse or turn yourself into the authorities. You may be ordered to appear in court due to unpaid fines. If you appear in court to make a payment or a payment plan you will not be arrested and the warrant may be lifted. If, however, you appear in for reasons unrelated to the warrant, you may be arrested.

In the event that you have been subpoenaed to appear in court and fail to do so a judge will issue what is called a bench warrant, this is instruction to law enforcement to bring you forth whenever you are located. While you can pay all applicable fines to have a bench warrant removed, because you are likely picked up by the police, you are likely going to face jail time. Violent crimes are issued no-bond warrants, which require jail time. While bond warrants allow you to post bond to have the warrant lifted.

The worse you can do is dismiss your warrant entirely, as it is not fun to be on the run. Although officers are not always actively searching for you if this is not due to a violent crime. If you or someone you know may potentially have a warrant out for their arrest, speak with a criminal defense attorney before making any pivotal decisions. A skilled Decatur criminal lawyer will be able to educate you of all possible outcomes and options you have.

 


 

Thank you to our friends and contributors at Andrew R. Lynch, P.C. for their insight into criminal defense and removing a warrant.

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Moving with Your Children After Divorce

Divorce Lawyer

The transition after a divorce can be difficult for both the parents and children to adjust to. Regardless of how old your children are, they are likely to experience a range of emotions about things being different from what they have always known. The separation may require that the children share time between each parent in two separate homes, or live with one parent while the other visits on a scheduled basis. A recently divorced parent who plans to move into a new place may wonder how to make this change easier for themselves, and their children.

Here are just a few ways that parents can help their children adjust to the many changes that can come along with divorce, particularly if moving is needed:

Encourage Open Communication

Children who have to move out of the family home may be going through a rough time, as they are probably attached to the place they have grown up in thus far. During divorce, one or both parents may decide relocating is what is right for them and their children.

Keep in mind that while you and your former spouse may feel that moving is the best decision, your children may take a while to agree with this. The best thing you can do is provide a space where they feel like they can express feelings of sadness, anger, fear, and anything else they may be struggling with.

Become Familiar with State Laws

A parent that is thinking about moving somewhere that is not close to where the children lived prior to the divorce, may want to meet with a family lawyer. A legal professional is likely very well informed on the laws for your state. There may be certain laws regarding relocating with your children post divorce.

For example, in some states the parent with custody must notify the other parent through a written document about the desire to move. The non-custodial parent then has the opportunity to object to this request, and dispute the relocation during a court hearing. But in other states, there may be much more leniency when it comes to moving with children after divorce.

This is why it is so important for a parent to become familiar with state-specific laws before putting a downpayment on a house, or deposit for an apartment.

Make a Logical Decision About the Marital Home

One of the biggest conflicts during a divorce is which parent is to keep the marital home. This is typically a huge point of contention among divorcing couples. It can be difficult for either parent to leave a home they are emotionally tied to, and may not let it go easily.

However, a parent may want to seriously consider whether they can afford the mortgage, rent, utilities or other bills associated with the marital home. It may be best for parents to logically evaluate whether they are able to financially afford this home by themselves, before going into a tense legal battle over who keeps it.

Thank you to our friends and contributors at Pioletti & Pioletti for their insight into family law and moving with children after divorce.

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What Are the Steps in a Criminal Trial?

A criminal trial has many parts. Here is a brief overview of the steps of a criminal trial:

Jury selection

The first thing that happens in a criminal trial is that a jury is selected to hear the case. A pool of jurors is called to the courthouse, and then the prosecutor, defense attorney, and the judge ask questions of the jurors in a process called voir dire. Some jurors who cannot judge the case fairly for personal reasons may be dismissed, and others will be dismissed by the parties for other reasons. Ultimately, a jury who will hear the case will be seated, given instructions by the judge, and sworn to perform their duties as jurors.

Opening statements

The prosecutor and the defense attorney will give an opening statement. The opening statement outlines for the jurors the evidence that the attorneys expect will be presented in the case. The defense attorney is allowed to wait until after the prosecutor’s presentation of witnesses before they give their opening statement, but most give their opening statement right after the prosecutor.

Prosecutor’s presentation of witnesses

The prosecutor will then present the testimony of their witnesses. They will call a witness to the witness stand, and then ask them questions in what is called direct examination. Then, the defense attorney will have a chance to question the witness in what is called cross-examination. Depending on the judge, sometimes the prosecutor will be allowed to question the witness again after cross-examination is completed, and the rounds of questioning will continue until the parties are done. Other judges only permit one round of direct and cross examination.

Prosecutor rests

Once the prosecutor is done presenting their witnesses, they will rest their case. Sometimes, at this point, the defense attorney makes a motion for the judge to direct a verdict of not guilty. It is rare for such motions to be granted, however.

Defense presentation of witnesses

The defense will then be given an opportunity to present their witnesses, if they want to produce any. This time, the defense will question first on direct examination, and the prosecutor will question second on cross examination.

Defense rests

The defense will rest after their presentation of witnesses, if they choose to present any evidence at all. Nothing requires the defense to present witnesses.

Closing arguments

The prosecutor and defense attorney will then make closing arguments to the jury. This is an argument summarizing the evidence that was presented and arguing for the result that the party desires from the jury.

Jury instructions

The judge will then instruct the jury about the rules that they must follow in their deliberations, and ask them to go back and deliberate until they reach a verdict.

Verdict

The jury will then reach a unanimous verdict.

If you have been charged with a crime and are facing a jury trial in a criminal matter, it is important that you contact an experienced criminal lawyer Greenville, MI trusts right away.


Thank you to our friends and contributors at Blanchard Law for their insight into criminal defense and the steps in a criminal trial.

 

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How Does a Judge Decide My Sentence?

Criminal Defense Lawyer

If you’ve been convicted of a crime, you might be wondering how it is that the judge will decide your sentence. A judge has to consider many factors in weighing what sentence to impose upon a defendant who comes before them. Here are some of the factors that a judge will consider in deciding how to sentence you:

  1.     Statutes and case law.

The first thing that a judge will consider is the law. Criminal offenses will have minimum and maximum punishments that are set by statute. Further, case law and constitutional considerations will also impact the judge’s ability to determine a particular sentence. If a judge were to fail to follow the law, the sentence would be overturned on appeal.

  1.     Prior criminal history.

A judge will look at your prior criminal history in determining how to sentence. Lack of a criminal history will likely benefit you greatly, while a lengthy criminal history is a tough hurdle. Even criminal convictions far back in time will be considered, although more recent criminal convictions will be more damaging.

  1.     Age.

Your age at the time of the offense will be considered. Youthful first offenders are often cut more breaks than older offenders, as their immaturity and lack of brain development can contribute to poor decision making. On the other hand, elderly offenders who have kept a clean record for most of their life and have a momentary indiscretion are also often cut some slack by many judges.

  1.     Seriousness of the Crime

Of course, the seriousness of the crime and the facts surrounding the commission of the crime will play into the judge’s decision. If you can provide the court with mitigating factors that help to provide some context to the reasons that led you to commit the crime, it can be helpful.

  1.     Community Support.

Having the support of your family, friends, and other members of the community can be a positive factor for a judge who is determining a sentence. Many lawyers will ask your family and friends to write letters of support to be submitted to the judge prior to sentencing, so that the judge can take into consideration that community support. Further, letters from friends and family can help humanize you for the judge, so you’re not just a number.

  1.     Remorse.

To many judges, it is important to know whether or not a defendant is remorseful for his or her actions. If you can demonstrate sincere remorse to the judge, it may positively impact your sentence.

  1.     Professional evaluations.

If you have a professional evaluation that discusses the factors that led you to commit the crime and gives a positive outlook for your future risk to commit further crimes, that can be helpful. For example, if you were being sentenced for a sexual offense, a sex offender risk assessment by a licensed psychologist that indicates that you are at low risk to reoffend will likely result in a lower sentence.

  1.     Risk to the community.

The judge will look at what he or she believes to be your risk to the community. If you have an assaultive or sexual offense, your risk to the community will be higher than if you are being sentenced for a financial crime or other non-violent offense.

  1.     Punishment v Rehabilitation.

The judge has to decide how much punishment is appropriate in your case, versus how much they want to focus on rehabilitation.

If you are being sentenced in a criminal case, it is important that you are represented by a lawyer, and that you speak to experienced criminal defense lawyers  about your case.

Thank you to our friends and contributors at Blanchard Law for their insight into criminal defense cases and how a judge decides sentencing.

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How to choose a court reporter for a criminal case

Criminal Defense Lawyer

You may ask yourself, are all court reporters the same? Are all court reporter services the same? The answer to both questions is a firm no. In researching different service companies, it becomes evident that there are quite a few to choose from. There are a variety of methods that can be used to document the information and there are different certification opportunities that may better qualify the court reporter for your specific area of law. When it comes to criminal law, it is imperative to have the testimony and anything that occurs in the courtroom be documented accurately and with discretion. Our company has access to experienced and knowledgeable professionals with extensive experience in the courtroom.

Our court reporters are:

  1. Knowledgeable with criminal court proceedings.
  2. Professionals and show discretion despite the content of what they are recording. Not only do our court reporters show discretion in the courtroom but in the community as well. Confidentiality is something we hold in high regard and so do our court reporters.
  3. Trained and experienced. Our court reporters maintain the proper licensure and certifications that go above and beyond the federal and state requirements. We encourage our court reporters to keep up with current trends in court reporting methods and the field of criminal law.
  4. Educated in legal terminology- specifically related to criminal court cases. We hold our court reporters to a high standard of knowledge when it comes to documenting testimony and other occurrences in the courtroom.  Since it is imperative for a court reporter to work quickly, there is no time to translate or even pause to think about how to spell a word or figure out what was just said. In being knowledgeable on the content, the documentation is fast and accurate.
  5. Able to remove his or her own emotion and opinion on the subject. Criminal law is meant to keep society safe and to determine and then punish criminal behavior. Inevitably, most people have strong opinions on criminal behavior. It is important for a court reporter to document what they hear with accuracy. It would be unethical for the court reporter to show his or her own bias in the way they document the testimony and attorney presence in the courtroom. Neutrality is of utmost importance.

The area of criminal law is important to keeping society safe and harmonious. As any attorney knows, there are many aspect to building and arguing a criminal case. In the event that the court does not provide a court reporter, it behooves you to make the additional expense and hire a court reporter offers as soon as the deposition phase. In doing so, you will have access to the testimony in the future and will be able to build a case based on the details and discretions that are revealed throughout the deposition and trial phases. In addition, if there your client wishes to appeal in the future, there is no chance it will be granted without a written transcript of the trial.  

Thank you to our friends and contributors at Veritext Legal Solutions for their insight into court reporting and how to choose a court reporter for a criminal case.

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Why might I not need a living trust?

Child Support Lawyer

Each day, a lawyer receives questions by people who are wondering whether or not they should have a living trust, or if it’s more practical to create a will. As a trust lawyer, the common answer is “It depends.” Some people should choose nothing less than a living trust, and others will not ever need one. For the average American, they will fall in the middle. The following information is a general overview of some situations that may indicate you do not need a living trust.

Avoiding Probate

Probate is a process that involves the inventory and distribution of a person’s assets after they have died. Probate is time consuming, expensive, and often involves many challenges. Because of this, many people try to do whatever they can to avoid probate.

There are many ways that assets can be transferred to inheritors without going through the probate process. This can usually be done within a few weeks or one month following the death. Examples of these methods include making gifts prior to the death, creating a pay-on-death designation to any bank accounts, naming a joint tenancy, with right of survivorship, on a property deed, naming a life insurance beneficiary, naming a retirement account beneficiary, and more.

A living trust can be used for all physical and financial assets and offers the ability to include precise planning while remaining considerably flexible. In a living trust, it is also possible to name alternate beneficiaries should the primary beneficiary die before you. This cannot be done on pay-on-death bank accounts or other asset transfer methods mentioned above.

Downsides to a Living Trust

There are drawbacks to a living trust. Unlike a will that is easy to draft, a living trust takes time to establish. It also requires ongoing maintenance and is not easy to modify (although it can be done). Asking a trust lawyer to draft a trust can cost upwards of $1000. You will also need a simplified will as a backup.

Should You Have a Living Trust

The drawbacks of a trust significantly outweigh the benefits for those who have significant assets or large estates, and also for people who will likely die in the next ten years. To help you decide, consider the following:

Your Age

People who are under 60 years of age, with middle-income or less, and in decent health often do not need a living trust. A serviceable will, which is easier to draft an maintain, should be enough to transfer your assets to your beneficiaries.

If you’re concerned about probate, changes in the US court system are being made. Even in the last decade, probate-avoidance techniques have gained a wider acceptance in the court. It is possible that the probate process will continue to be made easier.

Your Wealth

In general, the more money you have, the more you can save for your beneficiaries by creating a living trust. Furthermore, if you own a small business or significant assets that you don’t want tied up in probate, you may want to create a living trust – even if you are young.

Your Marriage Status

If you are married and you plan on leaving most or all of your assets to your spouse, and vice versa, you likely don’t need to worry about the probate process. Any jointly owned assets typically do not go through probate, and in many states, surviving spouses can use the expedited probate process.

What You Should Do Next

To ensure you do or do not need a living trust, it may be in your best interest to consult a trust lawyer for further advice. If you’re thinking about drafting a will, a trust attorney offers can also assist you and ensure everything is correctly worded, signed, and prepared.

Thank you to our friends and contributors at Yee Law Group for their insight into estate planning and why you might need a living trust.

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The Many Ways that Divorce May Be Prolonged

Family Law Lawyer

Once divorce has finally begun, it is likely that each spouse cannot wait for the entire process to be over. Divorce can be heartaching, grueling and last much longer than most spouses would prefer. If many couples could have it, divorce would be a one-day process. Unfortunately, the legal system just doesn’t work that way. There may be designated waiting periods that are legal requirements before the divorce can continue on. No matter what stage of the divorce you are in, it can help to know who is a skilled divorce lawyer so you can feel more confident about the process leading up to finalization.

Here we have answered a series of questions related to all the ways that divorce may be prolonged:

Q: What if my state requires that I am separated from my spouse for a certain period of time prior to filing for divorce?

A: Every state has a set of laws regarding the divorce process. Some may have more or less requirements as to how much time must go by before the divorce can proceed. For example, some states may necessitate that the spouses are separated for around 1-2 years before filing a complaint or petition for divorce.

If one or both spouses do not want to wait that long, they may have to use fault-based grounds that are permitted in that state. But then, that spouse must try to gather proof that the other was unfaithful, abusive, or became medically insane. A spouse that wants to start the process right away, may want to consider meeting with a lawyer who is familiar with divorce legalities for advice on how to get things going faster.

Q: If I am considering moving out of state, do I have any new options?

A: Yes, if you move to a state with no waiting period, you may be able to file for divorce faster than if you remained where you are currently. However, you may need to be a resident within this new state for a designated period of time prior to filing. Before making any moves in haste, you may want to get more information on the laws for your state and the one you plan on moving to. Many states require that a person is a resident for up to 24 months before being allowed to request divorce.

Q: What other divorce requirements besides residency may I encounter?

A: In several states, the spouses must be living apart for a duration of time prior to being able to legally divorce. Additionally, other states may require that some time passes after filing for divorce before proceeding to the next step. Once a spouse files a petition or complaint for divorce, he or she may have to wait 90 days before a court hearing is scheduled or receive a final judgement. In other states, the spouses may have to attend mediation, marriage counseling, or a parent education class about how divorce can impact children. After finding out more about how both their children may be impacted, parents may consider giving the relationship one last try.

Thank you to our friends and contributors at Scroggins Law Group for their insight into family law and ways that divorce may be prolonged.

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The Many Factors of Child Custody Battles

Custody Child Attorneys

When the court is deciding which parent is awarded child custody, there are several factors that weigh into the outcome. In general, a judge wants to place the child with the parent that has his or her best interest at heart, and where the child can grow into a healthy adult. During the hearing, each parent will express their side in the custody battle, and what makes them most suitable for sole custody. There may be instances where the parents end up sharing custody, if this is the most beneficial situation for the child.

Most parents have a very strong connection with their child, and want to do what they can to obtain custody. Due to how sensitive and complex these case can be, many parents meet with a family law attorney for help.

Q: Are the wishes of the parents considered?

A: Yes, the preferences of the parents are a factor in child custody battles. Each parent may be fighting for a different type of custody. For example, one parent may want sole custody while the other desires joint legal custody. The court system may feel that parents sharing custody could be the healthiest outcome for the child, as he or she can grow up with two loving and involved parents. Both parents must bring forward evidence and facts that support their requests. The court will then review each side and make a choice based on what information is given. An instance where sharing joint custody is unlikely to be awarded, is if one parent has shown to be aggressive, abusive, neglectful, or addicted to drugs and/or alcohol.

Q: What about the work obligations of each parent?

A: The ability of each parent to financially support the child is incredibly important. But, a parent must also be able to care for the child’s developmental, psychological and physical needs. If a parent can afford care yet spends most of his or her time at work, that parent may not be ideal to have custody. The court may look further into how much time that parent will be able to spend with the child outside of work.

Q: What other factors can influence child custody disputes?

A: In addition to what has been stated above, there are other factors that can have a weight in the child custody verdict. Keep in mind that the laws pertaining to child custody may be slightly different depending on what state you live in, so it can be helpful to talk with qualified child custody attorneys  offers for more information. Other factors of a child custody battle can include the following:

  • The child’s age (whether they are an infant, toddler, in school, or teenager)
  • Each parent’s willingness to support the child if custody is not awarded
  • The capacity of each parent to provide a stable and healthy environment
  • How the child’s education may be impacted after awarding custody
  • How the child’s extracurricular opportunities may change
  • How many children are part of the custody case
  • The distance from one parent’s home to the other

Thank you to our friends and contributors at Scroggins Law Group for their insight into family law and child custody battles.

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Revoked probation

Criminal Defense Lawyer

For many, being on probation is just as bad as jail time. Feeling like you are under a microscope and constantly have to look over a shoulder, almost any little thing may cause you to violate the terms of your probation. It is important to pay attention and understand every detail of the terms of your probation so that you do not violate and are at risk of having a warrant out for your arrest.

Several questions may come to mind such as how many times is too many times, how much jail time will you face, and what is the likelihood of having your probation revoked now that you have violated. These are all good questions and it is best to understand your rights and what is likely to happen to you now that there is a violation.

You may want to know what your probation officer is going to do. Sometimes warnings are given, but sometimes you are not so lucky and may be on your way to jail. Any wrong move and you may have violated, this also means you have to watch your surroundings even if you are not exactly involved.

If it gets to a point where you have already been arrested due to a violation, it is likely that you will be released on bond but you will need to hire a criminal defense attorney immediately. If you happen to be convicted after your court appearance which is called a revocation hearing, you may be required to pay fines, or do community service; with the right defense attorney but it is ultimately up to the judge. If your probation is revoked, you are likely going to jail. However, your sentence will not exceed the original jail sentence listed in the terms of your probation, not even by a day.

Hiring the right DUI lawyer can make all of the difference in your case so it is best not to quit on yourself. Speak with someone that has knowledge of the law and will know how to navigate in the courtroom and fight for you. An attorney with experience may not only have rapport with the judges, but also the probation officers and sheriff. Many law offices even offer free consultations also, if you or someone you know has violated their probation and is at risk of having their probation revoked seek legal representation immediately.

Thank you to our friends and contributors at Andrew R. Lynch, P.C. for their insight into criminal defense and revoked probation.

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What is Jury Nullification?

Criminal Defense Lawyer

One state has defined “[j]ury nullification [a]s the power to dispense mercy by nullifying the law and returning a verdict less than that required by the evidence.” People v. St. Cyr, 129 Mich.App. 471, 473-474, 341 N.W.2d 533 (1983). This essentially means that a jury is deciding to return a verdict of not guilty (or guilty of a lesser offense) even though the jury is convinced beyond a reasonable doubt that the defendant is guilty of the offense charged.

Because the Double Jeopardy clause of the Fifth Amendment to the United States Constitution prohibits the prosecution from appealing an acquittal, all 50 states explicitly or implicitly acknowledge the right of a jury to nullify and return a verdict less than is warranted by the facts of the case and the law of the state. However, this doesn’t mean that a criminal defense lawyer is permitted to expressly ask a jury to nullify.

Most, if not all, states prohibit a criminal defense lawyer from telling a jury about their right to nullify. In fact, most standard jury instructions would suggest to the jury that it has no option but to convict if the facts are proved beyond a reasonable doubt.

Despite this limitation, an experienced criminal defense attorney may be able to effectively present a nullification defense. Many states have a standard jury instruction which explains to the jury that their decision on a particular fact is final (and not subject to review or appeal). This can be an effective way for a criminal defense lawyer to explain to the jury that nobody can ever make them explain why they chose the way they did and nobody can appeal their decision. In that way, they are able to choose what is right based on the facts as they see them and based on what facts they believe are important.

Similarly, many jurisdictions also tell the jurors that they should vote in good conscience. This instruction can be very compelling to a jury if they have heard facts that make a conviction seem unfair or unjust under the circumstances. If a criminal defense attorney has told an effective story during trial about how a conviction would be unjust, jurors may feel compelled to vote their conscience, even if the facts would appear to clearly support a conviction.

Jury nullification is difficult defense and generally not one that should be used if there is another viable defense available. The system is largely set up to avoid jury nullification, so if you have another defense available, you should thoroughly explore it before committing to a nullification defense.

If you’re wondering whether nullification could be a viable defense in your case, you should consult with an experienced criminal law lawyer Grand Rapids, MI relies on to explore whether nullification could work for you.

 


 

Thank you to our friends and contributors at Blanchard Law for their insight into criminal cases and jury nullification.

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What Happens if a Contract Falls Through?

Business Lawyer

In the most ideal world, agreements would be made and both parties would be happy with their choice. Ideally, no disputes would come up and each party would benefit from the contract to the fullest extent. If you are in need of legal services regarding an agreement gone wrong, you can contact a breach of contract attorney for help. They understand that in the reality, business delays occur, financial problems arise and other events can prevent a contract from being carried out as promised.

Below we answer some common questions about what a breach of contract is, and what happens if an agreement falls through. For additional questions, please contact a law firm.

What is the Definition of a Breach of Contract?

When making a business contract, there are specific obligations both parties must fulfill. In legal terms, any party that fails to uphold their end of the agreement, is committing a breach of contract. A breach can also occur if a party fails to fulfill a duty within a time frame listed in the contract.

What Happens After a Breach is Committed?

If there is an alleged breach of contract, one of the parties can attempt to enforce the terms, or seek compensation for any loss of finances. If informal attempts at solving the problem do not work, then a dispute can be handled through a lawsuit. If both parties are able to solve the issues through mediation, it can prevent the stress and expenses of a lawsuit. Out of court attempts at fixing disagreements over a contract, can be referred to as alternative dispute resolution.

Damages for a Breach of Contract

A breach of contract can be remedied through awarding payment of damages. There are four different types of damages, and are briefly defined as the following:

  1. Punitive Damages – intended to hold the breaching party accountable for their actions through having to make payments to the non-breaching party.
  2. Compensatory Damages – aims to put the non-breaching party in a position they normally would have been, if the breaching party had fulfilled their agreements.
  3. Nominal Damages – if there was no financial loss due to the breach of contract, the court may issue a small award of a few dollars to the non-breaching party.
  4. Liquidated Damages – an amount both parties agreed upon in the contract that the non-breaching party can collect in the event their end is not upheld.

We do not recommend handling a breach of contract alone. Due to the complexity of contracts, most cases can benefit from representation of a breach of contract attorney who can explain how a business contracts lawyer in Sacramento, CA may help.

 


 

Thank you to our friends and contributors at the Yee Law Group for their insight into business law and breach of contracts.

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How Do Judges Determine the Amount of Bail?

If you have been arrested for a criminal offense, chances are that a judge may require you to post money bail in order to get out of jail. While judges do have the option to permit you to be released without posting a money bail, often called release on “personal recognizance,” many judges will require payment of some money bail in order for you to be released. Here are the factors that the judge will likely consider in setting the amount of the bond:

  1.     The seriousness of the alleged offense.

The judge will consider the seriousness of the alleged crime. For example, bail on a murder case is going to be significantly different than on a misdemeanor shoplifting case.

  1.     Prior criminal record.

The judge will take into account your prior criminal history, no matter how old. This generally includes offenses committed as a juvenile.

  1.     History of appearing in court.

If you have a history of failing to appear in court on prior cases, your bond will likely be set significantly higher.

  1.     Flight to avoid prosecution.

If you left the state or hid from the police in order to avoid prosecution, and they had to come after you for this arrest, it’s likely that your bail is going to be set fairly high.

  1.     History of substance abuse or addiction.

You don’t have to answer any questions about drug or alcohol use or addiction when you’re in court, but if your criminal history indicates a problem with substance abuse or addiction, bond will likely be set higher.

  1.     Mental condition.

If you have documented mental health concerns or a reputation for dangerousness, your bond will be set at a higher amount.

  1.     Probability of conviction.

The judge will consider the strength of the evidence against you. The stronger the evidence, the higher the bond.

  1.     Employment status.

Being employed is a bonus. Employment will likely result in the judge setting a lower bond.

  1.     Financial history.

The judge will consider your financial history for the purpose of determining whether you have the ability to post money bail. If you are indigent, the judge shouldn’t be punishing you and keeping you in jail simply because you are poor.

  1.  Ties to the community.

The judge will consider your ties to the community, including factors such as whether there are community members who will vouch for you, family ties to the area, and length of residence. The more ties to the community that you have, the lower the judge is likely to set your bail.

If you are going to be arraigned on criminal charges, you should contact an attorney, like a criminal defense lawyer Grand Rapids, MI looks to, to discuss the bond factors in your case.

 


 

Thanks to our friends and contributors from Blanchard Law for their insight into criminal defense.

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Tips for Getting Hired With a Criminal Record

A criminal conviction can follow you around long after you’ve finished a prison or probation sentence. Having a conviction on your record can make it especially more difficult to obtain employment. Many employers do background checks these days and may be weary about hiring individuals without clean backgrounds. However, that doesn’t mean that all hope is lost. Although you may have to jump through more hoops, it’s still possible to get a job. Here are some tips for getting hired with a criminal record:

Tell the Truth

If you have a criminal conviction on your record, you may feel embarrassed about revealing it to a potential employer. You know how just how judgmental people can be toward those with criminal records and don’t want that sort of thing to jeopardize your chances of getting a job. However, you should never lie about your criminal background. If you lie to an employer about your criminal record and he or she finds out about it later through a background check, you most certainly won’t get hired.

Be Brief

While it’s important to tell the truth about your conviction, you should be careful about revealing too much information. Just tell the employer how you got in trouble in the first place and what you got convicted of. If you go into too much detail, it could backfire on you.

Don’t Make Excuses About What You Did

The last thing an employer wants to hear when questioning you about your criminal background is an excuse. Instead of telling the employer you were young and naive or that someone talked you into committing the crime, accept responsibility for what happened.

Focus on the Positive

When asked about your criminal history try to focus on the positive as much as possible. For example, if more than 10 years have passed since you were convicted and you’ve stayed out of trouble since then, mention that to the employer. Also, talk about how you’ve worked to improve your life since then and what kind of accomplishments you’ve made.

Ask for Letters of Recommendation

If you bring letters of recommendation from respectable people, it may improve your chances of getting hired. For example, if you did a good job for your last employer, don’t hesitate to ask him or her to write a letter of recommendation that highlights your strengths, such as your punctuality and willingness to work hard.

Consider Expunging or Sealing Your Record

If you don’t want your criminal record following you around forever, it may be a good idea to talk to a criminal attorney about getting your record expunged or sealed. He or she can look into the details of your case and determine if you are eligible for either option. If your case is eligible for sealing or expungement, a criminal defense lawyer State College, PA residents rely on can help you with every step of the process.

Many criminal attorneys offer free initial consultations, so there is no risk to setting up a meeting with one.

 


 

Thank you to our friends and contributors at De Boef Lucchesi, P.C. for their insight into criminal charges.

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