Criminal Defense, Drug Crimes, Sexual Assault, Juvenile Law, Felonies, Homicide, Protection Orders, Driving While Intoxicated, Parole and Probation, Weapons Charges, Domestic Violence, White Collar Crimes.
Can The Police Stop And Question Individuals?
Yes. The police can stop a person, and ask questions, without "arresting" the person. Police may perform what is called a "Terry Stop," upon seeing suspicious activity, may temporarily detain people to request that they identify themselves and to question them about the suspicious activity. The scope of a "Terry Stop" is limited to investigation of the specific suspicious activity, and if the police detain people to question them about additional matters, the stop can turn into an "arrest." For their own safety, the police can perform a "weapons frisk" on the outside of a person's clothes (sometimes called "patting down the suspect") during a "Terry Stop." During this frisk, if they feel something that may be a weapon, they may remove it from the suspect for further examination. However, they are not entitled to remove items from person's pockets that do not appear to be weapons, even if they believe that the items are contraband.
When Is A Person "Under Arrest"? top
Many people think of an arrest as being a formal declaration by the police, "You are under arrest," followed by the reading of the "Miranda rights". (As seen on TV: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to represent you.") Reality is a bit more complicated. An arrest occurs when a person no longer reasonably expects that he is free to leave. A "Terry Stop" is not an arrest, even though the person can't leave during the investigatory questioning, as the detention is of short duration and is limited in its scope. (A "Terry Stop" may involve little more than a short series of questions, such as, "What is your name? Where do you live? Why are you here?") However, if a person is not allowed to leave the scene for an extended period of time, the person may be considered to be "under arrest," even though those words are never used. If a person is handcuffed, is locked in the back of a police car, or is otherwise restrained from leaving, the person will ordinarily be considered to be "under arrest".
If The Police Ask To Search Me, My House, Or My Car, Do I Have To Say "Yes"?
No. You can refuse the police permission to conduct a search. Remember this - the only reason the police officer wants to perform a search is for evidence of criminal activity, and the fact that he is asking reflects an expectation that he will find some. You are entitled to say "No." If the police officer has the legal authority to perform the search, he will do so whether or not you agree. However, if he does not have the legal authority to perform a search, your consent gives him that authority.During an investigative stop, or a traffic stop, a police officer may ask if he can search you or your car. However, if you give the police officer permission, he can perform the search even if he otherwise had no legal authority to do so. Some people don't know, or forget, that they have an "open" bottle of liquor in the car - a bottle with the seal broken, whether or not the cap is off. Sometimes, people have knives or other weapons which can be classified as illegal "concealed weapons." Sometimes, people forget that they have contraband in their cars, such as illegal drugs, or find to their chagrin that their teenaged child dropped a marijuana cigarette in the car. Unless you are the only person with access to the interior of your car, you may be in for a surprise if you grant permission for a search.
Do The Police Have To "Read Me My Rights" When I Am Arrested?
The police have no obligation to formally announce the arrest when it occurs, or to read a suspect his "Miranda Rights." Typically, at some point the police will inform a suspect that he has been arrested. However, many defendants never receive their "Miranda Rights," which relate to the validity of police questioning of suspects who are in custody, and not to the arrest itself.
Can the Police Arrest Me Without A Warrant? top
For most misdemeanor offenses, a police officer can only make a warrantless arrest of a suspect if the offense was committed in the officer's presence. Officers can arrest people for felonies based upon witness statements, or where a warrant for the person's arrest has been issued.
What Happens If I am Arrested Without Legal Cause?
It is important to note that an "illegal arrest" does not mean that a person can't be charged with a crime. If a person is arrested illegally, and is searched or questioned by the police, evidence gained through the search or questioning may be declared inadmissible. However, there are circumstances where that evidence will be admitted into court despite the illegality of the arrest. Further, if a person has outstanding warrants for other charges, he may be detained on those charges, even though his initial arrest was illegal.
If I Am Arrested, Can The Police Search Me?
The police have the authority to perform a search of a suspect and his immediate surroundings, "incident" to the arrest of the suspect. If the police arrest a person who was driving a car, they ordinarily get the authority to search the entire passenger compartment of the car - and will usually also be able to search passengers for weapons. If the car is impounded, the police may perform an "inventory search" of the entire car, including the contents of the trunk.
Felony: top
A serious crime, such as murder, rape or burglary, for which there is a stricter sentence given than for a misdemeanor. Felonies are usually categorized by degrees. 1st degree felonies are the most serious class (with the highest fines and penalties), 2nd degree felonies are less serious, and so on. Many states treat DUIs that cause serious bodily injury as a 3rd degree felony. If there has been a death as a result of the DUI, it might be classified as a 1st or 2nd degree felony, depending upon the prosecutor and the situation.
What happens after a conviction?
In most cases, after either a plea of guilty or a finding of guilt after trial, the following options may be available:
- Motion for new trial OR Motion to withdraw guilty plea
- These two motions must be addressed on a case-by-case basis, but both motions attempt to set aside the conviction.
- Appeal
- Again, the facts of each case must be examined to determine if one can bring an appeal and, if so, whether it would it have merit.
- Modification of sentence
- It is possible in some cases to come back before the sentencing judge and ask for modifications on some of the terms and conditions of probation.
Probation: Set of conditions and regulations under which a person found guilty of a criminal offense is allowed to remain in the community, usually under the supervision of a probation officer.
What is White Collar Crime? top
White collar crime is usually defined as any illegal offense that is committed in a business or professional setting. The goal of white collar criminals is usually to achieve personal financial gain. White collar crimes are not violent, but have the potential to bring about tremendous economic loss for companies, investors, and others affected by the offender’s actions.
Types of white collar crime
- Antitrust
- Bankruptcy
- Bribery
- Computer and Internet Fraud
- Credit Card Fraud
- Counterfeiting
- Trade Secret Theft
- Embezzlement
- Environmental Law Violations
- Financial Crime
- Government Fraud
- Healthcare Fraud
- Identity Theft
- Insider Trading
- Insurance Fraud
- Kickbacks
- Mail Fraud
- Money Laundering
- Public Corruption
- Securities Fraud
- Tax Evasion
- Telemarketing Fraud
What is assault?
Assault is either the intent to commit battery, or the arousal of fear of bodily harm in another person, in a manner other than by the use of words. In some states the attempt to commit battery must be accompanied by the "present ability to succeed" (i.e. the means with which to actually inflict bodily harm.)
What is Domestic Violence? top
Domestic Violence is abuse by one person in a current or former intimate relationship in order to maintain power and control over the other person. The abuse can take many forms, including physical, sexual, verbal, social, economic, emotional, psychological, and environmental. It is:
- Learned behavior
- Often repeated and escalated
- Coercive and targeted
- Present in all ages, races, ethnicities, cultures, sexual orientations, religions, economic levels, and educational levels; and it
- Creates an environment of fear and intimidation
It effects both parties involved, their children, their families, and their friends. Generally, but not always, the violence is targeted at women. No one deserves to be abused.
What if I can't afford an attorney to represent me on a battery charge?
Under the US Constitution you are entitled to have an attorney appointed to help in your defense, at no cost, if you can't afford one. It may be a public defender, or legal aid, or a private lawyer paid by the state.
Is domestic violence a crime punishable under criminal law?
Whether the domestic violence is a crime depends upon the particular circumstances, as well as the laws of the state in which the act or acts occur. Often domestic violence is both a crime subject to criminal punishment and a civil wrong subject to restraint upon personal conduct and an award of a money damages.
It is a frequent pattern in domestic violence cases for the victim to be abused, call the police, press charges, then reconcile with her abuser, and seek to have the charges dropped, only to have the entire pattern repeated. Because of this, in some local communities and states, domestic violence is now prosecuted as a crime by city and district attorneys, even without charges being brought by the abused person, and even without his or her assistance. In these localities, a criminal case may be brought against the person causing the harm without a complaint being made by the victim.
Domestic violence is considered a crime against the community and the "state" should prosecute all harms against the community. Such localities try to "get the word out" that local authorities will not tolerate domestic violence; offenses will be prosecuted with or without the assistance of the victim.
Sexual Assualt: Specific laws vary by state, but sexual assault generally refers to any crime in which the offender subjects the victim to sexual touching that is unwanted and offensive. These crimes can range from sexual groping or assault/battery, to attempted rape.
Rape: The crime of rape (or "first-degree sexual assault" in some states) generally refers to non-consensual sexual intercourse that is committed by physical force, threat of injury, or other duress. A lack of consent can include the victim's inability to say "no" to intercourse, due to the effects of drugs or alcohol. Rape can occur when the offender and victim have a pre-existing relationship (sometimes called "date rape"), or even when the offender is the victim's spouse.
Under a variation known as "statutory rape," some states make it unlawful for an adult to engage in sexual intercourse with a person who has not reached the age of consent (usually 18 years of age).
What is a Protection Order and how does it work? top
A Protection Order is a civil court order that the victim, the petitioner, requests from the court to protect from an abuser, the respondent. The Protection Order can order an abuser/respondent to stop harming the petitioner, stop having contact, even at work or school, or at children's school or daycare.
Specifically, the Protection Order can:
- Order the respondent to stop doing violent acts.
- Order the respondent not to come to the home.
- Order the respondent to stop contacting petitioner, or harassing on the street, by mail, on the phone, at school or at work.
- Say who children can live with for now and when the respondent can visit them.
- Order the respondent to get treatment or counseling (this typically happens as a condition of visitation with children).
The four types of court orders are:
· Protection Order - This is a civil order for victims of domestic violence who have been assaulted, threatened, or stalked and are afraid of being hurt again. The court tells the "family or household member" who threatened or assaulted the victim, not to harm the victim again. This order is requested by the victim at any local court. There is no cost for the Protection Order.
· No Contact Order - This is a criminal order for victims of domestic violence, after criminal charges have been filed by the Prosecuting Attorney against the abuser in court. Filing criminal charges happens after the police have responded to a 911 call, taken a report, and forwarded the papers to the Prosecutor. Victims do not have to fill out a petition, because it is part of a criminal action. The victim may be asked by the Prosecutor if they want a No Contact Order. No Contact Orders are requested by the Prosecutor when they are concerned about the victim's safety. A No Contact Order stops the abuser from contacting the victim through phone, letter, or by sending messages through your friends or family. This order is intended to protect the victim while the criminal case is going on.
· Restraining Order - This is a civil order that is usually issued along with divorce, legal separation, paternity or child custody case. It covers property, child support, maintenance and custody issues. A Restraining Order prohibits someone from contacting another person, or doing violent acts. This order is usually filed by the lawyer representing you in Superior Court.
· Anti Harassment Order - This is a civil court order that is filed by someone who has been annoyed or harassed by another person, such as a neighbor, coworker or stranger. This order prevents the other person from contacting you or coming to your house, school or workplace.
