The Importance of a Criminal Defense Attorney in Domestic Violence Cases

When arguments get heated to the point where someone is injured, someone may call the police. Once reported, the incident may be labeled as domestic violence, a category that covers a variety of actions, including hitting, stalking, rape, and kidnapping.

How Is Domestic Violence Defined?

Domestic violence is defined as physical or mental abuse inflicted by a partner. This partner can be a husband, wife, boyfriend, girlfriend, or any other family member. This type of abuse includes inflicting bodily harm and taking measures to mentally torment someone so that they feel victimized. This can include imposing threats, blackmailing for money, withholding access to cash, and causing feelings of terror. It can result in years of mental anguish well after the case has been finalized.

Who Can Be Charged?

Virtually anyone can be charged with abuse, depending on the person’s age and the circumstances of the incident. If the charge results in a guilty verdict, it can mean jail time for the accused, particularly if anyone was injured or took part in serious crimes like false imprisonment or aggravated rape. The outcome of the case will vary from person to person, based on the facts, evidence, and the legal team working on the case.

Why Is a Criminal Defense Attorney Needed?

Anyone arrested for domestic violence will greatly benefit from the assistance of a criminal defense attorney. Serious jail time is a possibility in this type of case, so it is crucial that fair legal representation is utilized. If there are past charges of abuse that resulted in any type of injury, it is even more important to seek the counsel of an experienced legal team.

If the allegations are false or exaggerated, a lawyer is needed even more. He or she will have the expertise required to prove that the charges were unnecessary. If the accusation proves to be true, an attorney may be able to secure a plea bargain in which the sentence can be reduced.

To avoid domestic violence charges, it is crucial to realize when it is time to walk away from an argument. If a disagreement becomes too volatile, take a breath and get out of the situation so that nothing escalates. For anyone who is accused of this crime, it is crucial to work very closely with a reputable criminal defense lawyer to ensure the case is tried fairly. Not going into court with fair representation can prove to be very costly.

 

Five Reasons to Trust a Criminal Attorney

It is rightly said that every individual must keep away from three professionals in life – doctors, cops and lawyers. However, due to a lot of circumstances, you unfortunately have to go to all the three of them. You visit doctors when you are unwell, you meet cops, even when you don’t drive properly and you have to get into the trap of unfaithful lawyers for a long list of problems.

Talking of lawyers, not all can be trusted. There are many lawyers, who fool their clients by being unfaithful to them. However, this does not mean that there are no lawyers, who can’t be trusted. When it comes to criminal attorneys, you have surely got to trust in them.

Wondering why and how? Here is a list of five reasons that would act as signs for you to trust them:

1) Their years of experience counts: If you really wish to find a trustworthy lawyer for your criminal case, you have got to find someone, who has a good amount of experience in the same field. If a lot of clients have worked with him, so can you!

2) They are not over-polite to you: It is okay to find a lawyer, who is polite, but over-politeness doesn’t work for sure! If your lawyer is trying to be over-polite to you, there are chances that he is passing your information to the other party.

3) They know how to maintain their respect in front of your eyes: Every lawyer must know how to maintain his dignity and respect in front of his clients. If you have met a professional, who knows how to talk to you and not divert his attention to his personal life, you can surely trust him.

4) They are not over-friendly to you and are not trying to get too personal to you: A good lawyer never tries to poke into your personal life, unless it is really needed or unless it is related to the case that you are trapped in. Sometimes, it is okay to question the client’s personal stories or affairs, but not always.

5) They don’t seem greedy to you and are dedicated to their work: A trustworthy lawyer is the one, who is extremely dedicated to his work. When he is working, there is absolutely nothing else that should come to his mind. Moreover, if you find a criminal attorney, who doesn’t seem greedy for his fees or money, you should thank your angels, since it is hard to get such professionals.

 

Can I Expunge More Than One Arrest on My Criminal Record?

Every state has their own separate set of laws surrounding the requirements and limitations of criminal record expungement. It is important to understand the basics surrounding the laws of record expungement in your particular state and county first, and then discuss your eligibility and petition options with a licensed criminal defense attorney. You can only file for expungement once in your lifetime, so it is vital to apply correctly. A simple clerical error or missed deadline can get your petition denied. A criminal defense attorney can prevent that from happening to you.

Continue reading to learn more about the expungement process, and what you can expunge from your criminal record.

Expungement Laws Vary From State to State

Your eligibility, even your potential, for sealing or expunging criminal records depends on the state your criminal records originate. Look below at an example of how one state governs the criminal record expungement process.

For Example:Indiana has two laws that governs the process of concealing or erasing criminal records. One may petition for either expungement or restricted access, depending on their eligibility. And the prerequisites for eligibility differ between the two options.

If a person was never actually arrested or charged with a crime, or, they were never arrested but charged with a crime, but the charges were later dropped due to mistaken identity, actual innocence, or lack of probable cause to believe they committed a crime, they may be eligible to have their record entirely erased from their criminal history, which falls under expungement.

On the other hand, if a person was arrested, but the charges were later dropped, or they were later acquitted of all charges, they could qualify to have their records sealed from the public, which is different from expungement since the record still remains. Its access is simply restricted from the general public, including employers, landlords, banks, and more.

Expunging More Than One Record

If you do live in a state that allows record sealing, and you qualify for criminal record expungement, you may be able to expunge more than one record, so long as the petition is filed in every county, for every record, within a 12 month time span. Although separate petitions, this would qualify as one single petition. This rule varies among counties and states. So be sure to hire a licensed criminal defense attorney who is well-versed in your state’s expungement laws. They can help you navigate and file your petition accurately.

 

What The Appointment Of Jess Sessions Might Mean For Corporate Criminal Law

One of the biggest reasons people feared a Trump administration is because, being a businessman himself, some Americans worry that he will give special favors to corporations. Since the Attorney General is responsible for prosecuting corporate crimes, many are wondering how Jess Sessions’ appointment might affect corporate prosecutions in the future. Many civil liberties and civil rights groups are in direct opposition to a Sessions’ appointment for significant reasons.

Flashback to when George W. Bush nominated John Ashcroft: many worried that Ashcroft would be more lenient on corporate indiscretions and crime, but that didn’t happen. In fact, he was responsible for one of the highest number of criminal prosecutions in history. With Ashcroft in charge during such scandals as Worldcom, Enron and watching the dot-com burst, the Department of Justice indicted many high-profile offenders during the George W. Bush Administration. Big corporate heads like Arthur Andersen went bust, thanks to Ashcroft’s diligence.

So, should corporate America be happy or not about Sessions’ appointment? Many who know his record believe that they should expect the same from Sessions as they did from Ashcroft — swift and severe punishment for crimes. The Department of Justice consists of very few politicians. It is made almost wholly from career prosecutors, which is unlikely to change. So, although Sessions will have some effect, it is likely to be limited.

Sessions is probably going to enhance the Department of Justice’s enforcement of immigration laws, which means that corporations may face stiffer and harsher punishments when they decide to employ undocumented help. Senator Sessions also has a good record when it comes to white-collar crimes. He has consistently favored a more aggressive approach to enforcing the law. So civil liberties organizations should have their fears calmed, but corporate America may have to be on their toes.

Sessions worked for the Department of Justice for 14 years as an Assistant US Attorney in Alabama, and 12 years as a US Attorney. It is hard to tell from his experience if he will be tough on corporate crime, because very few corporations resided in his district.

He is slated as taking a major role in the Savings and Loan fraud prosecution, however, which occurred when he was a US Attorney. His handling of the situation proved that he took criminal law seriously, regardless of whether it was white-collar crime or not. “A crime is a crime,” in Sessions’ own words.

When BP had the oil spill, Sessions is on record as stating that they should be held liable for what was their responsibility. He went on to say that there is no such thing as being too big to fail. That means that he is unlikely to be swayed by the economic impact that the fall of a corporation could have in relation to their criminal activity prosecution. Crime needs to be punished when it is committed, no matter who the defendant is or what type of influence they have.

Sessions believes the whole notion of “too big to fail” is fundamentally dangerous. If the courts prosecute according to shareholders and stakes, then there is no honesty or realism in criminal law. If a corporation is defrauding people, then they are hurting everyone.

He is also not in favor of allowing boards or any consumer attorney to mitigate the details of any case, nor does he believe corporations should be allowed to handle an investigation alone without the intervention of the Justice Department. Sessions has publicly stated several times that there is no such thing as privilege when it comes to corporate crimes.

Although many on the left are concerned that Sessions is too conservative to become the District Attorney for a Trump administration, they are overlooking his statements and his conduct when it comes to criminal law and corporate crime. With the public statement that a crime is a crime regardless of who perpetrates it, Sessions’ appointment is likely to come down hard on corporate crime, not afford it leniency.

The ones who should probably fear an appointment are those in the corporate world who are guilty of wrongdoing. Shown to be fair-minded and not ascribe to any notions of privilege, Sessions has a record of being tough on crime, even corporate criminals.