A Criminal Lawyer Can Help Fight Theft Accusations

Stealing has different levels. Taking a large amount of money or a valuable item from someone else could constitute grand theft. Grand theft is a serious criminal act that commonly results to felony charges, which is why contacting a seasoned Fort Lauderdale criminal lawyer is usually recommended for such cases. Grand theft or larceny can be categorized into different degrees, all depending on the severity of the crime and the amount that was stolen. The amount differs for every state, but for Fort Lauderdale, Florida, grand theft in the 3^rd degree ranges between $300 to $20,000, while 2^nd degree involves stolen property valued between $20,000 and $100,000. Lastly, 1^st degree thefts cover stolen property valued above $100,000.

Legal Eagles: Lawyers Help Keep You Out of Trouble

A lot of people think that you only need lawyers when you’re in serious trouble with the law. However, hiring a lawyer can help you even for minor violations, particularly well-intentioned ones. For example, some places have local laws that prohibit the feeding of the homeless in public places. Such an act can result in severe fines, plus possible jail time.

Know How Much a Criminal Defense Lawyer Would Cost

Being charged with a crime is highly stressful, and for this you would need the aid of a criminal defense lawyer. You can find some attorneys that offer free initial consultation, and it’s wise to take them up on their free offer: Your attorney’s final fee will depend on the following:

What are Considered Drug Paraphernalia?

Florida law states that it is a crime for any person to use, or to possess with intent to use, drug paraphernalia. So what constitutes drug paraphernalia? These include bongs, pipes, needles, vials, ziplock bags, even everyday items like spoons, bowls, blenders, straws, and sifters that are used to plant, propagate, cultivate, grow, harvest, manufacture, convert, compound, produce, process, ingest, inhale, or any other means that introduces a controlled dangerous substance to the human body.

Self-Defense Is Not a Crime: Lawyers Intervene

A murder charge is a serious accusation and you don’t want to have it hanging over your head. Unfortunately, cases that involve one or more deaths tend to balance on the knife-edge as prosecution and defense go up against each other. Often, the key is in the lawyer. A suspect for murder can easily create a defense using Florida’s self-defense laws. As stated by Florida Statute Title 46 Chapter 776, also known as the self-defense law, people who believe their lives are in grave danger from another party can use lethal force and are not obliged to retreat.

3 Ways a DUI Charge Will Impact Your Life

Drinking alcohol before or while driving is illegal not just in the United States but in almost all countries. If you get pulled over by an officer and are discovered to have been driving under the influence, you can be arrested and charged with DUI. As simple as it may sound, a DUI charge can spell disaster in your relationships and career.

What to Do When Stopped By the Police

You’re driving along the road one fine afternoon when all of a sudden, you are stopped by a police car. If this should ever happen to you, don’t panic immediately, because as a US citizen, you have rights that protect you from being harassed by the police. These points can help you in this kind of situation.

Some Errors your Defense Attorney Can Use to his Advantage

Every defendant in a criminal case is given a chance to appeal the court’s decision. In a number of cases, the arguments may center around various “errors” they claim the prosecution made. A skilled criminal lawyer will help push your case back from the brink. Here are some error types that defense attorneys argue for you:

Fundamental error

A fundamental error is cited when further study of a case convinces the defense that there are many issues to contest that go right into the essence of the case. The defendant might not even cite these errors when making a case for appeal. A higher court may be asked to change the judgment “in the interests of justice.”

Basics of Criminal Procedure in Florida

While there may be similar elements, court proceedings generally differ from one state to the next, and the rules of criminal procedure is no different. This governs the process of litigating criminal cases, from the arrest all the way to conviction and beyond (such as in the case of appeal). Below are some basic facts about Florida’s criminal procedure.

Arrest and Arraignment

Florida criminal procedures may begin with either an arrest of, or a summons to, the defendant. Those who have been arrested and booked in jail will make their first appearance before the judge at least 24 hours after the case. It is here where probable cause is determined. About thirty days after the arrest, the defendant will then be arraigned, where the charges against him will be read.

Pretrial to Negotiations

The prosecutor will then be tasked with proving to the court whether the case will be set for trial, continued or set for plea. He is then to prepare and submit documentation called discovery (the state’s evidence against the accused) to the defendant, and the latter is given time to prepare a plea negotiation or bargain.

Criminal Trial

In the formal trial, the defendant’s case is heard before “a jury of his peers”, as is the established constitutional right. A sentence is then come upon should the jury declare the accused innocent or guilty. Remember that in criminal cases, a person can only be convicted if there is an absence of “reasonable doubt” as to his guilt.

Appealing Wrongful Convictions

A criminal case is started, evidences are presented, witnesses give their testimonies, and the defendant is declared guilty and meted the corresponding punishment. This is a usual scenario in criminal courts all over the country. What happens, however, if the defendant is actually innocent of the crime he was accused of? Unfortunately, despite the best efforts of those in the justice system, wrongful convictions do happen.

Conviction vs. Near Miss

Researchers who have looked into wrongful convictions differentiate these from “near misses” where those who were wrongly accused of a crime were eventually acquitted or had charges against them dropped. Wrongful convictions are terrible events, particularly when the accused has already served all or part of the sentence, as no amount of compensation or apologies can take back the unwarranted punishment the accused had to go through.

Appeals Court

Those convicted of a crime can, however, appeal the verdict in a higher court. In most appeal cases, it is not the jury’s decision that is being challenged but any legal errors that might have taken place during the trial. While the lawyer who defended the accused in the trial can represent his client in the appeals proceedings, attorneys who specialize in appeals and post convictions are often called upon at this stage.

A convicted person may also ask for a re-investigation and a new trial if new evidences or developments that can point to his innocence are unearthed.

Dealing with a Domestic Violence Charge

Domestic violence is defined as any incident wherein an individual behaves in a threatening manner and inflicts violence or abuse to a spouse or a family member. Some reported cases of domestic violence also involved couples who aren’t married but are living together. Being accused of domestic violence can be devastating and bring about negative consequences on your future employment chances.

If one complains that you have committed domestic violence, he or she can file an injunction for protection against you. This means that you are not to have contact with that person, and if you violate this, you immediately get arrested, which is an undeniably frightening experience. This isn’t the same as typical civil cases that is served with a summon, which you can easily comply with.

Once you have been placed under arrest, it’s wise to go with the police peacefully, but you must refrain from speaking of the incident in question. In this case, it’s best to speak to a criminal defense lawyer to help you deal with the looming domestic violence charge.

A lawyer has the knowledge and skills to defend your rights and ensure that you’ll get a fair trial. A lawyer will look into the circumstances of your arrest and the accuser’s possible motives—you may be in the middle of a child custody battle or land dispute, etc. With a lawyer’s assistance, you have a good chance to clear your name.

Tips on Appealing a Criminal Case

Nothing in the criminal justice system is ever taken lightly. For an accused to be deemed guilty, the verdict should come without a shadow of a doubt. Even then, there are situations in which the counsel of the accused can opt to have the case appealed in the Appeals court.

Contemporaneous and Specific Objections

To maintain your position for appeal and hopefully push through with it, your claim needs to be based on an objection that is both contemporaneous and specific. The former means that the objection to an evidence should have been made when the evidence was first presented. Being specific means that it should provide the trial court with an opportunity to correct the errors.

Constitutionalize

If you can, you should also state the constitutional grounds for your objection. Being the fundamental law of the land, the constitution will have a stronger bearing on the relevance of your objection than any state law or ordinance could.

Objection to a Remedy

Did you know that you can still object to the remedy that the trial court puts forth if you deem it insufficient? Even if the trial court should sustain your objection but the remedy you are given is nowhere near comparable to the remedy you seek, you can still claim an appeal.