Some people might wonder how to get an order of Protection and a restraining order in Rockland County. The questions regarding this type of thing all come down to the same basic thing. If you reside in Rockland County, and you are a victim of certain criminal acts, then you can petition the court to give you a temporary order of protection.
The DEA must now end its informant program. For many years, the the drug enforcement administration of the United States has engaged in questionable use of thousands of informants. The people they used ranged from airline workers to staff at other government agencies. That violates the Justice Department policies. They tried to get around the 4th amendment.
There is no city or town that is truly 100 percent safe from crime. New York is one of the world’s greatest cities, but it has its share of crime. Interestingly, the city that used to be so notorious for it’s crime rate just a few decades ago has become significantly safer in recent years. Statistics have been culled from the reports made by the New York State Division of Criminal Justice Services to determine what the four most common crimes in New York currently are, and how those rates compare to what they once were.
This is the only one of the top five crimes that has actually seen an increase in the past decade. The statistics could be misleading though because the definition of rape has been altered at a Federal level to include a broader range of sexual crimes. Things that were not considered rape a decade ago, today are considered rape and this accounts for the apparent increase in rape statistics in New York.
As per city-data.com’s New York crime statistics, the number of murders has decreased by several hundred over the past decade. If you want to know more information about your criminal rights visit http://www.criminal-defense-lawyer-bronx.com/knowing-criminal-rights/
Burglaries have also gone down by several thousand in the past decade or so but they still number well over 15,000 in a year.
4. Auto Theft
Auto thefts have gone from just over 27,000 in 2002 to under 8,000 in 2014.
While all of these statistics show marked improvement, crime still occurs everywhere in New York just as it does in other places throughout the world. No matter how low the statistics may get knowing that these crimes still occur should still have you taking precautions wherever necessary.
In some instances, you or someone you love could be accused of being responsible for a major crime. If this is the case, you will want to work with the best criminal defense attorneys in the state of New York.
These professionals will dedicate themselves to fight charges at both a state-level and a federal level. These criminal defense attorneys are experienced in New York as well as Manhattan and all the other boroughs. They know the laws inside and out and they will help fight your case.
Many people understand that a felony is far more serious than a misdemeanor but not many people understand further details beyond that. However, there are significant differences between felonies and misdemeanors under the law. If you are facing criminal charges, it is important to understand the differences.
While the information contained here will offer some important insight, it is good to be aware that it is not designed to replace one on one consultation with a lawyer about your particular situation.
The law treats misdemeanors and felonies differently. The most significant difference is power of imprisonment and the severity of the penalty.
It is good to note that the distinction is not due to the conviction of a particular crime being punished by a particular jail term. The difference comes in whether the person convicted can be punished in a specific prison or for a particular length of time.Click here to read some more serious crimes and your criminal rights
The definition of a felony varies between states. States in which capital punishment is still legal, define felonies as all crimes punishable by death. Other states define felonies as those crimes that attract a prison term exceeding one year. Still other states define felonies as those crimes punishable by imprisonment in a state prison.
Misdemeanors are defined as those crimes punishable by a sentence not exceeding one year in a local county jail or prison. Misdemeanors are also punishable by fines in some cases. Some states such as California have crimes known as wobblers that can be charged as either felonies or misdemeanors depending on the situation.
While misdemeanors and felonies have many apparent differences, the procedural prosecution still remains the same across the board. Both criminal charges require the prosecution to bring charges forth against the person, which are subject to legal proceeding thereafter. The prosecution is then required to follow additional federal protocols when prosecuting felonies.
A felony conviction typically results in a loss of rights for the individual. The person convicted of a felony loses the right to obtain some licenses or even to possess firearms. Some states will even prohibit convicted felons from voting. Convicted felons are bound by the law to disclose their history when they are applying for jobs, which makes it hard for them to find jobs. People convicted of misdemeanors don’t experience any of that.
If you are facing criminal charges, it can be the most difficult time of your life. This can also be emotionally taxing if the criminal charges involve the death of another person. However, there is a distinct difference between murder and manslaughter, and if you are facing such charges, it is important that you understand such differences. With this in mind, read on and consider these points so that you understand a bit about each and how they can determine the way the rest of the process plays out.
What is the main difference between murder and manslaughter?
When someone is charged with homicide, they are indicted or arraigned before the court on either murder or manslaughter charges. Manslaughter charges are considered in cases when the defendant is accused of being responsible for someone’s death but did not pre-meditate the actions which caused the death. Manslaughter largely involves accidental death. This can happen a lot of different ways, such as hitting someone with a car, allowing someone to die due to one’s own recklessness or failing to ensure their safety. Second- degree murder involves intent to harm, attack or even kill but is usually a reaction to intense anger or fear in an unforeseen situation. First-degree murder on the other hand is planned and premeditated.
In most situations, manslaughter can either be voluntary or involuntary. Voluntary manslaughter involves a situation by which you did not have premeditated intent to kill a person, while involuntary manslaughter involves a situation by which the killing was an accident. Visit http://www.criminal-defense-lawyer-bronx.com/knowing-criminal-rights/ to know more about your criminal rights.
These circumstances are punished completely differently. For example, murder is almost always punished with up to life imprisonment or capital punishment, depending on the severity of the crime and the state in which a person is sentenced. In most situations, manslaughter cases are punished with a lot more leniency.
In both situations, it is often up to the jury to decide the punishment of the crime and the severity of the situation. They will look into the terms of each case to determine whether or not the defendant is responsible for the death and what sort of sentence is fitting. In most situations, the judge will pass down sentencing guidelines that the jury can follow. They would then convene and look over all of the terms of the sentencing guidelines to see which factors come into play when considering the punishment that the defendant receives.
If you’ve been convicted of a crime it’s important to know your criminal rights. As you’re going through the various stages of the criminal system you’ll need to understand your rights and how they can affect you. Read over these particular rights and keep them in mind at all times.
From the instant your Miranda rights are read, you have the right to stay silent. You don’t have to say a single word. This can keep you from saying something that could be used against you in court. You have the right to a speedy trial and you have the right to be presumed innocent until the courts can prove that you’re guilty of a crime. Don’t say anything or you could inadvertently incriminate yourself. Speak only to your attorney. Here are some of the best Tips for Hiring a Criminal Defense Lawyer.
Search And Seizure:
This is actually not your right but the right of the police or sheriff’s apartment. This policy allows the police department or sheriff’s department to “search and seize” things while arresting you. It’s a legal term that is used to describe the act of the police or sheriff’s actions when they are searching your vehicle or home or other location where a crime may have been committed. It gives them the right to take anything that they believe was used in your committing a crime. This includes their placing you under arrest.
Right To Privacy:
According to the Fourth Amendment to the United States Constitution, everyone has the right to privacy. It’s prohibited to simply walk into someone’s home or their personal property and simply go through things. Thanks to this Amendment, there are only specific situations whereby the police may intrude on someone’s privacy. This includes if they believe you are involved in a crime. See “search and seizure”
You Have the Right To An Attorney:
Unless you yourself are an attorney, don’t even attempt to be your own attorney. Especially if the crime that you’ve been charged with carries heavy penalties. You want the very best possible defense attorney. If you can’t afford an attorney, allow the courts to appoint one for you. This appointed attorney will still have to represent you to the fullest even if you can’t pay. They will still have to represent you even if you’re guilty. Don’t risk the rest of your life by not having an attorney. You want the very best representation possible.
What To Do If You’re Arrested:
If you’ve never before been arrested, it can be very frightening to be arrested. To start with, obey every word that the officer says. If they tell you to stop, by all means, stop in your tracks. If they tell you to raise your hands do so. Be as honest as possible without incriminating yourself. Obey them to the letter. If they even think you’re trying to evade or resist arrest the penalties can be far more serious. Don’t risk this. Just remain calm and obey them to the letter.
It’s tough enough to secure a job in today’s job market, add a criminal record to your job search and it may seem nearly impossible. Truth be known, at least 1 out of 4 Americans have some sort of blemish on their record. Most of these are misdemeanors, however, some are classified as a felony and these may make it even more challenging to secure a job.
With so much modern technology available today, would-be employer’s are using this to their advantage to help screen out job applicants. The trick here is to help avoid that first cut so that the would-be employer has a chance to get to know you before they cut you from the potential candidate list.
These tips should help you to find a job and get your foot in the door.
Know Your Rights
Begin your quest by understanding what a potential employer can legally ask you. In many cases, they can’t directly ask about incarceration or charges. It’s up to you how much you share. Only share what they must know. If charges are “pending” then they don’t need to know this information either.
Get to know others in the company that you wish to work for. Develop a good rapport with them and get to know their co-workers. Companies are more likely to hire someone that knows the rest of the crew and gets along well with them.
Consider Temp Agencies
While a temp agency may sound like a lousy job prospect, keep in mind that many jobs work by hiring temps and then turning those temps into a permanent employee. You’ll have to inform the temp agency of your charges, but not who you’re working for unless you are asked to stay and work permanently for them.
If you are in an interview and asked if you’ve ever been arrested, don’t lie. Tell the truth but put a positive spin on the reason. A comment like “I was arrested as a young man (stress how many years ago such as over 10 years ago etc.) for robbing a convenience store. I wasn’t working and was desperate and hungry. It never occurred to me to ask them for a job”. It may sound lame, but sometimes, being honest will get you quite far and the more time that has elapsed from the incident, the better.
It’s also wise to know what offenses will keep you out of which job positions. It can only keep you out of a prospective job if it would be “job-related”. If the offenses wouldn’t affect the job they can’t really keep you out of that job position.
Make sure that you’re applying for jobs that you qualify for and that your past won’t affect. If you were convicted of assault you might not be able to work with the public, but you may be able to work other aspects of the job.
Do your research and be as honest as possible. Remain positive and in short order, you’ll be able to get the job of your dreams.
If you’ve been charged with a criminal offense, then you could face very serious consequences if you are not able to defend yourself against these allegations. Finding a good criminal defense attorney can mean the difference between getting your life back, or possibly spending years in prision. Use the following tips to make sure that you are hiring the best possible attorney who can help you get the best outcome for your case.
1. Choose a firm that has experience handling your particular charge
There are a wide range of specialties within that criminal defense. Are you being charged with white collar crime? Do the allegations involve drugs or domestic issues? You must find an attorney familiar with the legal nuances regarding your type of case specifically if you want to have a favorable outcome. Most attorneys offer a free consultation. Ask specific questions about any cases they may have handled in the past with similar allegations. Ask about the details and the outcome.
2. Make sure the firm or attorney has experience in the local courts.
When hiring an attorney, it is essential that the firm representing you is familiar with the district attorney’s office, judges and other players in the county legal system. Different judges may respond more favorably to certain types of approach and only an attorney who has worked with this particular judge previously will know how best to approach them with your particular situation. Generally, this will mean that the attorney has a full-time practice in your city. Rural areas often have visiting attorneys who serve the area part time. The important thing is that they are comfortable in your local court.
3. Check out their attorney profile on Avvo, Justia and other legal rating sites.
While an attorney can easily make claims regarding how well they do their job, you need to know the facts. You can visit these websites to find out what the reputation is of each member of the firm and the firm itself. This will allow you to find out some pertinent information about them such as peer endorsements, education, practice areas and their standing with the bar.
4. Read reviews of former clients.
Avvo and Justia also include reviews from previous clients. Scan through these to hear from others about their experiences. Keep in mind that you should never depend on the average rating alone. Sometimes folks leave grades unrelated to the service.
In the instance of a criminal defense attorney, you might find poor ratings left by folks who are upset they were caught committing a crime or that they had to do some jail time.
5. Understand pricing and how attorney fees work.
When you are speaking to the law firms you are considering, make sure that you understand how much money you must pay up front, when and how you will be charged additionally and the expectations regarding future charges.
Being in a legal predicament with charges hanging over your head is a very frightening situation to be in. Don’t try to navigate the legal system alone. You need to find the best help that you can to work through the situation and ensure the best possible outcome.