Tuesday, October 25, 2011

Explaining Violent Crimes

Violent crimes refer to any criminal offense which involves the use of or threat of force towards another person. Violent crime covers a broad spectrum of violent crimes which are divided into five categories by the United States Department of Justice. These include murder, rape or sexual assault, robbery, aggravated assault and simple assault.

With violent crimes, violence can either be the objective or they can be a means to an end (as in robbery). Additionally, a violent crime may or may not involve the use of a weapon. A person can murder another human being with their bare hands or in a more insidious way, such as poison. They do not have to use a firearm or knife to commit such a heinous crime.

Violent crimes are prosecuted as felonies, which means that a conviction can involve years in a state prison. Not only can they involve a lengthy prison sentence, the state of Florida enacted the "three strikes law" in 1996. That means that a violent felony conviction would count as a "strike" on your criminal record.

What is the three strikes law? The three strikes laws were enacted by state governments of the United States. These laws require the state courts to hand down mandatory sentences to criminals who have been convicted of a violent felony on three or more separate occasions. Florida is one of the states that have adopted their own form of habitual offender laws.

Under the three strikes law, repeat offenders are subjected to increased and extended prison sentences. They are also limited or, in some cases, prohibited from receiving an alternative form of punishment other than a prison sentence.

In addition to the "three strikes law," the state of Florida is one of the states that carry the death penalty. This means that individuals who are facing serious violent crime charges such as murder, could be sentenced to death in a court of law.

Although most violent crimes involve the use of force or violence, a crime can still be categorized as a violent crime even if it only involved the "threat" of violence. For example, the crime of assault falls under this category. Assault can vary depending on the facts surrounding the case, however, assault by definition involves the threat or use of force. Physical contact does not need to take place in order to be convicted of assault; simply the threat of violence is sufficient.

Assault charges can range from simple assault to aggravated assault. Simple assault can be charged as a misdemeanor, however, it is often prosecuted as a felonious crime. Battery, on the other hand, involves actual physical contact with the victim.

Sexual assault and rape are categorized as violent sex crimes. Sexual assault refers to non-consensual sexual contact, whereas rape is associated with non-consensual sexual intercourse. Furthermore, sexual crimes committed against children are felonies.

Robbery is a violent crime where the victim is typically confronted by a weapon. Robbers commonly use a firearm or knife to instill fear in their victim, in order to get them to hand over their purse or wallet. Carjacking is a similar type offense where the carjacker will threaten to use a weapon against the victim unless they turn over their vehicle.

Homicide charges are by far the most serious types of violent crimes as they involve the death of another human being. Murder and manslaughter charges are divided into degrees. For example, a person who meticulously plans to murder their victim and lies in wait for them can be guilty of a capital offense and sentenced to death, whereas a person who accidentally strikes and kills a pedestrian with their car will face lighter sanctions.

Violent crimes are inherently serious in nature, thus a conviction can ruin your life. Those convicted of violent crimes face lengthy prison sentences; therefore defending them requires the help of an experienced criminal defense attorney.

It is not entirely uncommon for extenuating circumstances to lead to "criminal acts," therefore a strong defense is your only option. A criminal defense attorney will know how to cross-examine evidence and witness testimony. They will also have the tools to unearth any mitigating evidence that could help you achieve a more favorable outcome in the charges against you.

The Law Offices of DiRenzo & Weick is a criminal defense firm serving the residents of Fort Lauderdale and the surrounding areas. Their firm has been successfully defending clients for more than seventeen years. At DiRenzo & Weick, you can feel confident knowing that your case will be handled by an experienced Fort Lauderdale criminal defense lawyer who you can trust. No matter what brought you to the charges, they believe their clients are innocent until proven guilty beyond a reasonable doubt. Therefore, they will place the burden of proof upon the prosecution to prove otherwise. You are urged to take action immediately by contacting their firm at (866) 622-0636 for a free case evaluation!

For additional information visit the firm's website at http://www.fortlauderdaledefenselawfirm.com/.


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Sunday, October 23, 2011

Finding The Best Criminal Lawyer To Represent You

When referring to criminal law, reference would need to be made to the various aspects which make up such a vast legal area. Consequently, a criminal lawyer refers to an attorney whose studies concentrated on criminal law and its several branches. Defense attorneys are the professionals required for anyone seeking to be well-defended against any criminal accusations.

Crimes are obviously serious violations of the law, which damage an individual either physically or morally. The sort of crimes which are commonly prosecuted are generally homicide, drug trafficking, theft and sexual offenses. However, criminal law is certainly not limited to these alone, and that is why there are several criminal lawyers that specialize in particular areas.

As can be imagined, hiring a lawyer who has sufficient experience in the particular area under which your case falls is crucial. Choosing the right lawyer to represent you will have a determinate effect on the outcome of your case. For this reason you obviously should do a little research on who would be the best attorney for you.

There are few experiences as traumatic as being accused of a crime. This is true both for the accused as well as for their loved ones. Preparing a solid defense requires time, effort, energy and financial means. Trusting your case in the hands of a reliable lawyer will relieve you of much anxiety, since you would know that an experienced professional would be in charge of your defense.

The benefit of having a good defense attorney on your side is that they will be professionally and objectively involved, with no emotional shackles to cloud their determination. Seasoned lawyers would have dealt with several similar cases in their past, so they would know what best to do.

Apart from the emotionally demanding time, facing a criminal charge would mean that your reputation is at risk. This is obviously a very serious aspect, especially as it regards your future professional endeavors. A criminal defense lawyer will know what to do to safeguard your personal record from harmful conviction records. Having a conviction on your record will influence where you can get a job and where you can live considerably.

While having charges dropped is a rare event, a criminal defense lawyer can often negotiate an equitable plea deal in which the charges would be reduced. This is naturally very much dependent on the facts of the case, but in general defense lawyers will manage to secure a much better outcome than what you would have initially imagined. The fear of facing time in jail is predominant amongst accused persons, but it is generally disposed of altogether by an able lawyer.

A very useful tool which anyone looking for a criminal attorney can make use of is the internet. A quick search will give you a wide range of websites of different criminal lawyers and their personal information. This will allow you to compare the different potential choices and to opt for the lawyer who seems best able to defend your rights. Apart from information, you can also use such websites to contact the lawyer directly and ask anything you wish. It is also possible to obtain a free consultation session with the lawyer of your choice so that you will be able to get to know how he approaches your case. Choosing the right criminal lawyer will be instrumental in your case.

If you've been arrested in Broward county, you will need the representation of a Fort Lauderdale criminal lawyer to ensure that your rights are protected in the course of your case. A good criminal lawyer can get you a great plea deal when taking the case to trial is not a good option. To read more visit http://www.fortlauderdalecriminalattorney.net/.


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Thursday, October 20, 2011

The Basics of Bail Bonds

You are never prepared for those unexpected emergencies: the late-night phone call of a frantic family member or friend explaining they have been arrested and taken to jail. Your first thoughts are of how you can help get them released from jail as quickly as possible. A bail bondsman is often the fastest and easiest way to help bail out your friend or family member. It's important for you to know how the bail bond process works from start to finish, that way you can know what to expect along the way.

Arrest and Booking

Once someone is arrested, they will be transported to the detention center for booking. This process will consist of fingerprinting, photographs ("mug shots"), a background check and nationwide warrant search. They will be searched for any weapons or contraband, and any personal belongings will be collected and held until their release from the jail. This process could take anywhere from 2-6 hours to complete, depending on how busy jail staff is with processing other arrestees.

The defendant's bail amount will be set after the booking process has been completed and they will be able to make arrangements to post bail. They will have access to a phone to make calls to a friend or family member, lawyer, or bail bondsman.

Setting Bail

Several factors will be taken into consideration when a defendant's bail amount is set. The judge will look at criminal history; a repeat offender will likely be given a higher bail amount than someone who has no criminal record. The severity of the crime is another key factor when a judge sets the bail amount. The more serious the defendant's charges, the higher their bail amount. A judge will also determine if the individual is considered a flight risk, meaning that they are not likely to reappear for court. Bail amount could be set higher for anyone the judge fears will not return to court.

Bailing Someone Out

Bail amounts are set high for a reason- to make sure the defendant comes back to face the charges against them. This amount could be in the tens or even hundreds of thousands of dollars. Most people don't have the means to pay such a large amount of money. They may need to put up their home for collateral in order to secure the release of their loved one. If you wish to pay the full bail amount, it will have to be done by cash or cashier's check directly to the jail or courthouse. If the defendant makes it to all court appearances, this money will be returned to you once the case has been concluded. However, it could be months or even years before you see your money again.

The option that most people choose is to work with a bail bondsman. This could be the most affordable solution for you. Each state sets regulations on how much can be charged for a bail bond. In most states, the cost of a bail bond is 10%. For example, if the defendant's bail is $20,000, then you will pay a bondsman $2,000 to bail out your friend or family member.

Thanks to state regulations, this amount cannot be increased or decreased by the bondsman for any reason. Some agents will be willing to work with you on payment options for the bail bond premium, but they cannot charge you additional fees or reduce the total amount.

Indemnitor Responsibilities

When you agree to sign a bail bond contract with a bondsman, you will become the "indemnitor." This means that you agree to be financially responsible for the contract.

You must ensure that the defendant makes it to all scheduled court appearances pertaining to their case. Make sure that the bail bondsman and the court are kept up-to-date on the defendant's contact information.

If the defendant flees, or "jumps bail," you will be responsible for paying back the entire bail amount, as well as any additional court costs and fees, and any expenses incurred by the bondsman for going after the defendant. This could include the cost of a bounty hunter.

It's a stressful time when someone you care about is in jail. You want to make sure they are released as quickly and safely as possible. Before you decide to take on the responsibility of bailing them out, though, you need to be certain that the defendant is going to do what needs to be done and face their charges in court.

Tonya Page Bail Bonds serves all jails in California. Tonya is a licensed bail agent who works alongside her husband, Greg, of Greg Rynerson Bail Bonds. Together, they are a family owned and operated business, providing free bail bonds information and expert bail bondsman service.


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