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Category: Criminal Law

When Can Police Enter Your Home Without a Warrant?

Posted on September 13, 2021 in Criminal Law

In times of extreme security concerns, when people are worried about violent criminals lurking in their neighborhood or about the danger of bombs being made in their area, many people wonder when the legal restrictions on police entering a home to begin. When a crime occurs, police will often arrive at the scene and find evidence of a criminal act, such as drugs, guns, knives, etc. They will then investigate these crimes to determine if they fit a pattern of what the criminal is likely to do next. If the police suspect that a certain crime may have been carried out in broad daylight outside their home, they will often enter the home to look for evidence.

When this occurs, they will look through the house with a flashlight in order to see any signs of a break-in, evidence of a hiding place, etc. Usually, they will look for anything that is out of place, such as a door with a lock, a window with no window screen, etc. Any items they feel is suspicious, they will often confiscate. When a police officer looks for evidence of a crime, they are considered to be investigating that crime. Generally speaking, they cannot enter your home without a warrant when they have a reason to believe you committed a specific crime.

This crime becomes an issue when there is a discrepancy between the police officer’s observations and your privacy expectations. A common problem that arises is the fact that police officers are allowed to enter private homes without warning when they have reason to believe a crime has been committed inside. Some jurisdictions support this right by allowing police departments to enter the premises whenever they feel it is necessary, but not all do. Consequently, if the issue were to arise where the courts upheld the right of the police department to enter without warning, how would the courts treat the situation? There are a few things to consider.

In some cases, the courts have held that police can enter private homes without warning when there is reason to believe that someone may be entering the home illegally. The majority of courts have held that if there is reason to believe that a person has entered a home in an illegal manner, the police should be able to enter and make the arrest. It is important to realize that there are only a handful of police departments nationwide that have been found to have this authority. Even if a jurisdiction does have this power, it is very rare for courts to recognize this.

Beyond the actual reason that the police are being allowed to enter, there is still another concern regarding the search itself. Once the warrant is obtained, the police must follow the procedures that are set forth in the state or federal law. Specifically, they must serve the papers upon the individual. If the suspect does not leave the home, the police must follow to see that the papers are actually served. If they are not served properly, it is up to the courts to determine whether they were properly served.

However, you do need to be aware of the police department’s policy on warrant searches. The policy states that if a search turns up an outstanding warrant, the police must first try to contact the judicial authority. If that fails, then the police must take all measures necessary to locate and arrest the individual who owns the warrant.

What Exactly Do Criminal Lawyers Do & How Do They Help Individuals Accused of Crimes?

Posted on July 21, 2021 in Criminal Law

What Does a Criminal Lawyer Actually Do?

Criminal defense lawyers are legally permitted to carry out the functions of a lawyer. Their main function is to advise their clients in accordance with the law on criminal proceedings. The latter involves proving one’s innocence, either before a judge or jury, or making the court aware of facts that might lead to lighter or heavier punishments for a person charged with a crime.

what does a criminal lawyer do

What Does a Public defender Do?

Public defenders are authorized to practice exclusively within the jurisdiction of a court. Consequently, only a court official may authorize them to represent a particular individual. A public defender is not an attorney. As such, they are not allowed to carry out any legal actions on their own. Instead, they need to be hired by the client and remain present during all court proceedings.

What Does a Duty Solicitor do?

A duty solicitor is an attorney who is not a member of the prosecution or a member of the legal team. He or she is present solely as an observer and cannot give legal advice to any of his or her clients. They are allowed to give legal rights reminders to their clients, but cannot give them legal advice.

What Does a Defense Counsel Do?

A defense counsel is an attorney who is neither a member of the prosecution nor a member of the legal team. He or she is permitted to conduct surveillance and interview witnesses. He or she may question witnesses who provide conflicting statements during the course of the criminal investigation or trial. He or she is also authorized to make closing arguments at trials in which he or she is a legal expert.

What Does a Public Criminal Lawyer Do?

A public criminal law attorney represents a client whose criminal charge is brought against him or her by the State or federal government. Federal criminal defense attorneys handle cases of national and interstate criminal law. In either case, state criminal law attorneys handle cases involving state criminal law. Federal criminal lawyers only have jurisdiction over federal crimes.

What Does a Paralegal Do?

A paralegal is an attorney who is not a member of the legal team or a prosecuting attorney. Paralegals draft pleadings, answer discovery questions, draft opinions, assist attorneys with cases, cross-examine witnesses and offer additional services that are not part of a lawyer’s practice. A paralegal can also prepare background reports and financial assessments for clients.

What Does an Immigration Lawyer Do?

All criminal lawyers, regardless of which state they represent, must be admitted to practice in the state in which they practice. Unless the lawyer has special knowledge of local law, he must obtain the services of an immigration attorney to represent him in the court. An immigration lawyer can advise criminal lawyers on local legal matters, including how to proceed in state court even though the client cannot be in the courtroom.

What Does a DUI Attorney Do?

A DUI (driving under the influence) attorney represents a defendant charged with a drunk-driving crime. A DUI attorney will argue the defendant’s cause in the criminal proceedings and help secure a trial that will allow the defendant to defend himself against the accusation. In most states, a guilty plea allows the prosecution to move forward with the prosecution’s case against the accused. In some states, however, a DUI attorney can make a request for a jury trial if the prosecutor is unwilling to drop the charges.

What Does a Public defender Do?

A public defender represents defendants who cannot afford private legal counsel and therefore need the assistance of a public defender to successfully complete a case. As opposed to a private lawyer, a public defender does not have any fees until the case is complete. A good attorney will aggressively build a client’s case and present all possible defenses to the prosecution at the appropriate time.

What Does a Paralegal Do?

A paralegal works directly with the prosecuting attorney. He drafts all discovery and argumentation in support of the state’s case, as well as any letters or affidavits that may be necessary to support the case. The most important function of a paralegal is to draft all of the possible defense strategies to defeat the prosecution’s main arguments. Most criminal lawyers start out their careers as paralegals.

Criminal defense lawyers represent accused individuals before criminal prosecution agencies. Their goal is to provide their clients with the best possible defense and all of the options that are available to them based on their unique circumstances. The first step in a plea bargain is for the defense lawyer to interview his or her client and work out a plea bargain that the client can accept. Then the criminal defense attorney may take the plea bargain to the judge who decides the outcome of the case.

Defending Yourself in Criminal Cases

Posted on January 3, 2016 in Criminal Law

When an individual is criminally charged, the law gives him the right to a lawyer or counsel. However, this includes the right to represent one’s self in the trial. Defending yourself in criminal cases may be a little bit odd, but it is possible, with the authorization of the judge concerned. This means, such right to self-representation although vested, is not automatic.

If you are charged with a crime and you stand trial for such, you will be given the right to an attorney or be assigned one if you will make a request and if you can validly show that you cannot afford to hire one. On the other hand, if you tell the judge that you will be defending yourself, the judge will have to hold a meeting where you need to answer questions to make sure that you fully understand what you are letting yourself into. You must understand that defending yourself in criminal cases is tantamount to waiving the right to counsel, which is a serious business.

Courts would like to ensure that criminal trials are objective and rational; hence, judges, in turn, would like to make sure that defending yourself in criminal cases is not something that you do haphazardly. The judge needs to know that you fully understand what you are asking, and you can convince him that you are capable of representing yourself on trial and understand the risks of not having a lawyer.

If the judge doubts your ability to represent yourself, he will either disallow you to act per se or appoint a lawyer to protect your rights, until your competency can be ascertained. This process may involve requiring you to undergo a psychological evaluation.

Defending yourself in criminal cases may make sense in some situations. In general, the severity of the punishment that a crime entails will have a lot to say whether you need to hire a lawyer to defend you or just represent yourself at trial; thus, the lighter the punishment, the more likely that self-representation is viable. For instance, if you are charged with shoplifting or some traffic offenses, you may survive the trial without hiring a lawyer. However, if you are charged with violent crimes such as murder, you should need to get the assistance of a legal counsel.

On the other hand, some crimes have punishments that may appear relatively negligible but have harsh consequences in the future. So, before deciding whether to hire a lawyer or self-represent yourself, you should first try to learn what the sentence is likely to be if ever you are convicted and its ramifications, later on, should you be arrested again for a similar crime in the future.

Learning about the typical sentences for specific crimes can be quite difficult. Court rules or statutes don’t usually list these common punishments. However, some states have “determinate sentencing laws”, which provide specific punishments for each crime. Depending on the circumstances involved, the judge may add or subtract a year or two from the punishment. If you are serious about defending yourself in criminal cases, it may be of great assistance to your cause if you will try to learn all about these typical punishments for crimes.

 

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