Mar 09

How will Rape Victims View The Courts After Vanderbilt?

If you have been following the news at all, you’ve likely heard about all of the cases that have been going on throughout the country, most of them surrounding university students. That being said, many rape victims were feeling abandoned all over the country, because they felt like they weren’t getting treated fairly or with any sort of respect.

What Changed?

During the middle of last week, 2 former football stars from Vanderbilt were actually charged for their sexual assault crimes. They were convicted, and the rape victims got the justice that they were seeking. This was definitely a big deal, because before this, athletes were often the least likely to get charged with such crimes, mainly due to the fact that their coaches wanted to keep them on their teams.

So, this court case opened a lot of doors and started to answer a lot of questions for people. People were watching the Nashville Court at this point, and when the conviction went through, eyes went back to all of the other cases that are sitting in queues. Will justice be served in the same exact way, or are we going to be looking at something that we’re going to have to wait on for a long while?

What’s Next?

There are a lot of options as to what is next. One of the biggest changes that should happen regarding the law is that state and local courts should be utilized if these incidents happen on campus. In many cases, they were not, which is what started this whole mess. By requiring these crimes to be reported to authorities outside of the education system, it could help the whole situation from getting worse like it did.

Would this help to promote more safety on campuses? Hopefully. Many times, athletes and other “school stars” think that they can fly under the radar because of their status. In the future, it’s likely not going to be this way. So, not only will they be less likely to commit these crimes, but women should feel safer on their campuses as well.

Post from criminal lawyer and Criminal defense lawyer experts. top criminal defense in Philly, Montoya Shaffer.

Feb 05

Criminal Law Information – Why You Need a Criminal Lawyer

LawyersIf you are involved in a criminal case and have decided to handle this on your own, you better have a rethink. Legal procedures could be complicated especially when it comes to criminal cases. You should jeopardize your chances of getting justice in the case by trying to do this alone. It is advisable you hire a criminal lawyer.

A criminal lawyer is an attorney that is specialized in handling criminal cases. Whatever criminal entanglement you have involved yourself with the law, a criminal lawyer can help sought this out for you. Whether you have been involved in wrongful conviction, or you have been suspected of committing a crime, consider using the service criminal defense lawyer.  Michael Dreishpoon is that assault attorney – Queens Criminal Defense Lawyer Michael Dreishpoon.

Here are reasons you should hire a criminal lawyer today:

  • If you have been arrested the lawyer can help to negotiate your bail.
  • He can also negotiate a plea bargain on your behalf so you can get a lighter sentence
  • He can challenge your arrest as unlawful and give evidence why you should be granted bail.
  • He can dismiss or throw out any evidence you have previously made to the police. This is particular if the evidence is incriminating.
  • The lawyer will evaluate the merit and demerit of your case and explain to you the best chance of winning.
  • He can explain why you need to take a certain steps or say certain things as would be guided by him.  The instruction can help you score legalpoints and avoid mistakes in the case.
  • He can help you provide evidence that can be admissible in the court.
  • He should be able to provide you with answers to different questions you must have with regards to your case or about criminal law.

The criminal lawyer is handy when it comes to helping suspects deal with simple and complicating legal or criminal issues. You must not ignore the roles played by this attorney.

Finally, when choosing a criminal lawyer to represent you, it is important to consider the experience, track record, reputation, and qualification. You should also ask about the fees and compare with others.

Feb 05

Criminal Law Information – Understanding Stages of Criminal Prosecution

Woman LawyerUnderstanding how criminal procedure works in any state can help you make the right decisions if you are involved in anyway. For the general knowledge, criminal procedures information should help the citizen defend their rights as suspect or as a victim.

The stages of criminal prosecution are one set of information every citizen should be acquainted with and this post just about expound on them. In the following paragraphs, the different stages of criminal prosecution are explained.

First off, criminal prosecution simply means the process involved in prosecuting someone who has been arrested and charged with a crime. A crime is an offense against the state attracts severe punishment like heavy fines and jail term. Those who are convicted of crimes are called criminals and they are prosecuted though a process that include the following stages arrest, indictment, arraignment, trial, conviction and sentencing.

You need to understand them so you know what to expect when you are directly or indirectly involved in a criminal case. A good and qualified criminal lawyer can still help you understand these stages better.

Feb 05

Basic Criminal Prosecution Stages You Should Understand

Since every suspect of a crime may not be convicted it makes sense to explain a process that includes stages covering those convicted and acquitted. Therefore, here are basic criminal prosecution stages you should understand.

  • When a crime is committed (e.g. murder, arson, manslaughter, robbery, etc) a report is made to the police or the prosecutor’s office of the state.
  • Investigations on the case commence and the report of the investigation is submitted with the prosecutor.
  • The issue of arrest for the suspect is made, or the police can arrest the suspect on suspicion that he committed a crime.
  • After the arrest, the prosecutor can file for indictment. This is document formally charging the suspect for crime.
  • The defendant or suspect is then arraigned before a court to answer to the charges filed against him. At this stage the suspect can plead guilty or not guilty. A plea bargain could be entered and a bail can be arranged at this stage. The latter may be at the discretion of the judge or jury. The suspect can have access to a defense lawyer.
  • The trial takes place with the prosecutors and the defense lawyer slugging it out in the court room. The trial could be bench or jury trial.
  • After completion of the trial the judge or jury reads out the final judgment.
  • The suspect could be found guilty or innocent by the jury or judge. If the suspect is found guilty, he is convicted and sentenced to prison. If the suspect is innocent, he is acquitted and discharged.

Feb 05

Case Billing Issued To Defendants

LawyerThis is the type of billing whereby the lawyer charges a fixed fee or flat fee. The amount could be $2000 flat, and this is the total amount that would be demanded by the attorney as the case is concluded. The defendant understands that this fee doesn’t change regardless of the amount of time spent by the lawyer on the case.

The advantage of this billing method is that the defendant is now certain of what the case would cost. In the event of unforeseen complications the attorney would bear the risk.

The disadvantage of case billing is the feeling of ripped-off the defendant may feel if the case concludes sooner than expected. The defendant would feel as if he has over-paid.

Conclusively, for hourly billing and case billing, a retainer fee could be demanded. Retainer fee is an advance payment made before the attorney starts the case. For hourly rate, the criminal lawyer may demand for a retainer fee that is equal to 30 hours payment. If the rate $100 then the retainer fee demanded would be $3000.

For case billing, a percentage of the total amount charged may be demanded as retainer. For instance, if the case billing is $4000 the criminal lawyer may demand for 50% which is equivalent to $2000 as retainer.

Feb 05

Criminal Law Information – Protecting the right of the Suspect in Criminal Procedure

BreifcaseThere are set of rules and guidelines governing the administration of justice in criminal law. There arereferred to as “criminal procedure“.  In this procedure, the constitutional rights of a suspect or defendant in a criminal case must be protected. Violation of the right of the defendant may lead to his discharged or acquitted of the crime.

For law enforcement officers as well as the general public, criminal procedure is important information to be armed with. This readily comes to bear whenever a criminal case is ongoing.

Criminal procedure involves different stages and in each stage the right of the defendant is considered and protected. The stages include: arrest, trial, and sentencing. It becomes necessary to explain further how the rights of a suspect can be protected in criminal procedure. The following details reveal more on this point.

  • The right of the suspect before arrest – Criminal law demands that a suspect house or goods cannot be searched or seized without the law enforcement officers obtaining a search warrant. This document should mandate them to search and seize illegal materials in the home. If a warrant is not obtained legally, it could be taken as a violation of the suspect’s right.
  • The right of the suspect during arrest – The law enforcement arresting a suspect should read the Miranda Right to him. The Miranda Right is a statement or warning to the suspect that he has right to remain silent and can have a lawyer so don’t say things that would incriminate him in the law court.
  • The Right of the Suspects at Trials – The law provides that the suspect is entitled to a fair trial by the judge or jury. More so, he has a right to a criminal defense lawyer and has right to appeal the court’s decision in a higher court.

Conclusively, understanding the rights of the suspects in criminal procedure is paramount to avoid miscarriage of justice. You can speedily get the service of a criminal lawyer if you are a suspect of a crime and you feel your right has been violated. Need lawyers for your case? Get the best lawyer. Go to Lloyd Gastwirth Criminal Lawyer.

Feb 05

What To Know About Real Estate Law

Real Estate LawThere are a number of elements to real estate law that one should be aware of before he or she enters in to the process of purchasing or selling a home. Some of the most important elements of working through the process of purchasing or selling a home might actually surprise you. A few of the most vital aspects of real estate law include the closing costs, the mortgage negotiations, and the functions of your realtor. These are all aspects that tend to get overlooked through out the entire process that are actually imperative to understand in order for you to make an educated decision on the purchase or sale of your home.

When it comes to understanding the full impact of the cost of your home, you are going to need to understand that there is a set of fees that are your responsibility. If you do not evaluate the costs associated with the closing fees then you could significantly slow the process down, or even ruin your chances of winning the home. In order to be prepared for the average financial impact of the closing costs of your home you can calculate the range that the costs typically fall in. Closing costs typically range from two to five percent of the overall cost of the home. Therefore, you will be able to plan for these expenses and you will be ready to close when it is time. Furthermore, the mortgage negotiations are important for you to know and understand. Just because the bank gives you a set of terms for a mortgage that you get approved for does not mean that you are locked in to that particular mortgage. You do not even have to spend your entire mortgage that you are approved for. You can find a home that is less than your approved mortgage and have it recalculated. Finally, there are specific functions of your realtor that you are going to need to know about so that you know how to interact with him or her. The realtor is responsible for facilitating the connection of buyers to sellers, and he or she is responsible for maintaining a certain ethical and professional code to keep the whole process honest. Furthermore, he or she can become a trusted advisor for future real estate needs as well.

When it comes to real estate law, there are many different elements that are of great importance. Some of the most vital aspects of real estate law include the closing costs, mortgage negotiations, and understanding the functions of the realtor.