Yearly Archives - 2016

Defining Bond Hearing

Dmitry G2021-06-23T01:05:07+00:00Thanks to the mass media, we all know how it works when you get arrested. If you were arrested and put under custody, there is a chance that the bail amount is going to be set by the court. This pretty much means that you will be released from custody should someone pay the necessary sum of money as a guarantee. Generally speaking, if the arrested individual was not released from the custody by the time of the arrangement (which is basically the very first court hearing), the possibility to set up a bond hearing arises. Furthermore, the judge will be able to hear a bond hearing at the same time as the arraignment. The goal of this bond hearing is to present the judge with ample evidence, asking him to reduce the amount of bail. Furthermore, if there was no bail set yet, there is a possibility to convince the...

The Role Of a Prosecutor In a Criminal Case

Dmitry G2021-06-23T01:05:52+00:00We all watch various TV shows and through those dramas, we get a very confusing perception of how the court of law actually functions. See, most of those shows and movies demonstrate to the audience that the judge is the only person in charge of the hearing. Basically, the judge is deciding who is to live and who is to die. According to TV and motion pictures, only the judge has the power to sentence a person to a certain fate. This is a very inaccurate representation that has very little to do with how things actually work. But what are you going to do – it is just show business. In reality, things actually work very differently. The judge has certain power and he will play a major role in the outcome of the case. However, the prosecutor is the one who is going to decide whether to blame you for...

Malicious Mischief Case And It’s Possible Challenges

Dmitry G2021-06-23T01:06:07+00:00Destroying or even damaging any person’s property in any way is against the law. The Penal Code puts this offense under the misdemeanor section, but do not be fooled – despite being a misdemeanor, an offender may be risking to spend up to 6 months in county jail. With that said, there are plenty of variations of things that may eventually result in destroying or damaging a person’s property. First of all, it is important to understand that damage may be caused by negligence or intentionally. Sure enough, if the act was intentional, legal penalties are going to be a whole lot more severe. So what can be considered an act of malicious mischief? Well, drawing graffiti on walls is a good example, setting off a fire alarm in any public institution without there being a fire is also malicious mischief, puncturing car tires, throwing a person’s phone in the river, even...

Avoiding Jail Time In Grand Theft Case: A Real Deal Or Not?

Dmitry G2021-06-23T01:06:31+00:00It is no secret that Lindsay Lohan is very well known for her extravagant behavior, numerous drug and alcohol scandals as well as criminal behavior. Still, she is a celebrity and most people are used to thinking that the law is different for the celebrities, meaning it works in a different way. Well, it is not true. Lindsay Lohan was caught on the scene and charged with a grand theft crime when she was stealing a necklace that was worth approximately $2 500 in a local jewelry shop. Lindsay herself claims that the shop was actually lending her the necklace, but if she is going to be found guilty, she may be facing up to 3 years in prison. Sure enough, the final verdict is going to be based on number of factors, including all circumstances of the crime, past criminal records and the defendant’s behavior. Now, Lindsay is considering entering in a...

City Attorney Hearing: Its Purpose And Value

Dmitry G2021-06-23T01:07:06+00:00A criminal hearing is a long and rather sophisticated process that can be both stressful and frustrating for everyone involved. Hence, if there is a possibility to resort to a city attorney hearing rather than starting with a criminal court right away, it is best to use it. A city attorney hearing is a far better option that will allow you to benefit from a more informal hearing. It will bring together all parties involved along with their attorneys and a single prosecutor. Witnesses shall be present and the process is meant to help in deciding whether or not the case should go to court. At times, parties are able to come to a certain agreement during the city attorney hearing, which is extremely beneficial and could help in saving time and effort. The greatest thing about those hearing is the fact that they are not following all the formal proceedings and...

Did You Know That New Driver’s Licenses Aimed At Reducing Identity Theft?

Dmitry G2021-06-23T01:07:50+00:00Nowadays, technological advancements determine entire society. Sure enough, the criminal parts of this very same society are also assimilating to the ever-evolving technologies and are constantly coming up with new and more advanced fraud methods. With that said, identity theft has turned into a common problem for a lot of people all over the country. Criminals are now capable of manufacturing fraudulent credit cards and driver’s licenses. They are using those credit cards in order to cash in and they are also using fake IDs as well as driver’s licenses in order to avoid jail time and to set people up. It is a very dangerous tendency – more and more people these days are suffering because of those actions. Even though identity theft is a serious crime that is punished through harsh legal penalties, it does not stop most people from proceeding with their fraudulent actions. This is one of many...

Benefits of Changing the Prosecutor’s Point of View About Your Criminal Case

Dmitry G2021-06-23T01:08:25+00:00When it comes to criminal court trials, the most difficult and challenging thing is to convince the prosecution that you are not the man the prosecutor think you are. See, for the prosecution you are just another citizen, who broke the law in one way or another and who is now going through the system, awaiting for the appropriate punishment. Prosecutors handle thousands of cases every year, they are well used to dealing with various people and in the end just doing their job mechanically – you are yet another case number on their list. On contrary, for you the prosecutor is the person who will decide your fate and your future. After all, he or she may convince the judge and the jury that you are guilty and that you deserve everything that is coming your way. Facing the prosecution is far from being as straightforward as some people may...

How Important is the Pretrial Conference In a Criminal Court Process

Dmitry G2021-06-23T01:08:56+00:00If you or your loved ones entered a not guilty plea deal during an arraignment, the next thing you are going to be dealing with is a pretrial conference. During this conference you will have an opportunity to sit down with the prosecution in an effort to come up with a settlement. It is a very important step and one must approach it as such. With that said, if you or your loved ones were charged with a misdemeanor, you will be able to allow your attorney to represent you, meaning he or she can appear at the conference on your behalf. Of course, you can also be present and even try and make a point yourself, but it is probably not a good idea. See, in order to handle the prosecution, one must know the law and regulations and be skillful as well as experienced enough to convince prosecutors to...

Criminal Arraignment And The Importance Of Criminal Defense Attorney

Dmitry G2021-06-23T01:09:12+00:00Despite a very popular opinion, people, who are suspected in committing a crime, are not being charged right there and then, on their first court appearance. As the matter of fact, first appearance in court is referred to as an arraignment. Many people are wondering, whether they need a legal representative during this meeting or not. The simple answer to this question is yes – you undoubtedly need an attorney alongside you during the arraignment. First of all, you need to understand that during that very same arraignment you will be given a chance to enter in a plea bargain. You will have the opportunity to plead guilty, not guilty or no contest. Pleading guilty means that you pretty much confess to the crime and will be sentenced immediately, right there on the spot. Pleading not guilty will mean that you are not agreeing with the possible charges and will fight...

Identity Theft charges: Important Factors Considered By The Court

Dmitry G2021-06-23T01:09:36+00:00Very few of us are using cash and the vast majority of consumers prefer to use credit or debit card. Sure enough, this attracted many criminals, who are eager to steal your identity and, through stealing your credit card information, are wasting your money on things that they desire. Identity theft (PENAL CODE SECTION 528-539) cases are becoming more and more common these days. When it comes to charging and identity thief, the judge and the prosecution are going to consider two main factors that will eventually determine the overall extent of the sentence. The first factor is how much money the thief used and for what purposes. A simple example – if a desperate parent resorts to identity theft to feed his child and spend a little over $50 in the process, consequences are going to be much milder than if a person is going to withdraw a couple of...