Author - Dmitry G

Entrapment: Useful Defense In a Prostitution Case

Dmitry G2021-06-23T01:02:58+00:00Prostitution is illegal in just about any form it may take. Regardless of whether you are offering prostitution related services or are engaging in those activities, you are breaking the law and may well be charged with some serious penalties. With that said, when it comes to facing prostitution charges, the most viable as well as effective defense strategies is without a doubt the entrapment. It implies that the person charged with prostitution was actually coerced or forced by the law enforcement officer to commit a crime and that person had no choice but to go with it. Of course, if the prosecution will be capable of demonstrating that the accused person had a predisposition to engage in an act of prostitution, the entrapment defense is probably not going to work. In order for you to better understand how the entrapment defense strategy may help in a prostitution case; let us review a...

Know More About Shoplifting Cases And Civil Demand Letters

Dmitry G2021-06-23T01:13:24+00:00Some people just cannot control their actions and their desires when they come across an item that they really want, but simply cannot afford to buy. At times, the desire to get the item is so strong that the person cannot stop and this is when the shoplifting occurs. Now, it is important to understand that not all the people involved in shoplifting are criminals. Some of them are ordinary individuals, who simply wish to get the item bad enough to steal it. With that said, shoplifting is still a crime and people get charged for it regularly. Furthermore, at times, people charged with shoplifting, receive letters from merchants they stole from. The seller demands to get certain restitution for damages. This is the attempt of the merchant to seek civil remedy against the shoplifter. The seller can be demanding $50-$500 depending on circumstances in addition to the price of the...

How Is The Judge Setting The Amount of Bail In a Criminal Case

Dmitry G2021-06-23T01:03:42+00:00If an individual is arrested for committing a crime, there is a chance the judge is going to set a bail amount. A certain sum will need to be paid in order for the individual to be released from custody for the time of the trial. The money will function as collateral in order to make sure that the individual is not going to cause any more trouble, will appear on every single court hearing and will follow all court orders. With that said, when a judge is thinking about setting bail, he or she is going to take two very important factors into consideration. First of all, if the judge has reasons to believe that the individual still represents any kind of danger for the society, there is going to be no bail. Furthermore, if there are reason to believe that this individual may try to escape from justice, the...

What It Means Being Charged With Opening a Container While Driving

Dmitry G2021-06-23T01:04:02+00:00The Penal Code clearly states that no person is allowed to have any container, can or bottle with alcoholic beverages while he or she is driving. It is illegal if the container is open, partially or entirely, if it is half empty or if there are any other signs that the driver was consuming alcoholic beverages while operating the vehicle. In addition, it is also important that the container must not be in a place that is easy to reach for the driver. With that said, there are certain exceptions in the Penal Code when it comes to open containers. It is perfectly legal for a person, who is benefiting from riding in a vehicle that is transporting him or her for compensation, to have open containers. For instance, limos, buses and taxi cabs all fall under this particular exception. However, drinking on a bus with an open container may lead...

Importnat Role of The Fourth Amendment Rights In a Criminal Case

Dmitry G2021-06-23T01:04:20+00:00No doubt, regardless of what kind of crime you may be charged with, it is very important to know your rights. After all, the Constitution of United States clearly states in its Fourth Amendment that any person must be fully protected from unreasonable or unlawful search and seizure. This basically means that if any kind of evidence was gathered without any serious reasons, this evidence cannot be allowed into the trial. With that said, a lot of people are wondering how that law is applied when it comes to drug searches in their homes or inside of their vehicles. Well, in order to make it a little more clear for the readers, let us review a simple example. Let us suppose that you were driving home when a law enforcement officer pulled you over. The reason for the stop was your broken taillights. Now, this does not automatically give him permission to...

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...