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Surviving Prison Isn’t Impossible – Learn How!

By Greg Mascetani –

Being locked up in prison is no fairy tale and you know it. A lot can take place in the joint and the worst part is you cannot do anything about it. Prison is about the second worst place that you can imagine, falling behind hell itself. Luckily, surviving prison is attainable. How do you do this? Tips are going to be mentioned hereunder, and you might find them of great help to you.

One thing you should avoid is getting into any sort of gambling. Gambling may be one way to pass your time, but it is not wise unless you have nothing to give in return. Do not start credit with other people because if you cannot pay for it, then you are in big trouble.

Also, avoid homosexual company. Sexual assaults are a real threat inside prison.

Also, if an inmate suddenly punches you, fight back, whatever the odds are. If you wish to survive prison you need to be willing to defend yourself. This does not mean that you will become a war freak and start fights. Rather, just don’t give up and you will earn respect. If you allow yourself to be beaten up, the guys will find joy in beating you and it will be done on a regular basis.

Also, just mind your personal business. Do not butt in to other people’s affairs.

And if you ever see or hear something wrong, just keep it to yourself.

Of course, avoid the use of illegal drugs. The consequences of using drugs are bad and it will not do you any good creating such a habit in jail.

If you want to know more about surviving prison, there are books available such as Survive Jail Through this book, you will know just about everything related to prison.

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What To Expect If You Are Charged With a Crime

November 11, 2008 by Maricopa County Court  
Filed under Getting Arrested

By Jody Ehrhardt -

Although most people never expect to be charged with a crime, there can come a time when that can happen. These types of charges can range form warrants being issued for aid traffic tickets to individuals filing lawsuits against you. The best time to prepare for being charged with a crime is before it ever happens.

Since lawsuits and arrests can move quickly, it is best to understand the basic events that lead up to and constitute being charged with a crime prior to the being charged. If you are knowledgeable about the events beforehand, the process can go easier and hopefully, be less intimidating.

No matter which type of crime you are charged with, the proceedings will usually happen in a predetermined way. First, a warrant will put for your arrest. If a warrant is issued against you, you will usually be notified of the warrant by being served. Being served means that a police officer will locate you and deliver your warrant papers in person. On rare occasions, a person is arrested before being served with a warrant. In these cases, the arresting officer must show the warrant papers within a reasonable amount of time after the arrest has been made.

After you have been arrested, you will be taken to the police station to be booked. Being booked means that you will be fingerprinted and a file will be opened regarding your case. After being booked, you will generally spend a short amount of time in jail while you await your initial hearing and arrange payment for bail.

While you are in jail, you are allowed to contact an attorney. Any person charged with a crime has the right to seek legal representation. It is very important that you at least meet with an attorney before your initial hearing. If you cannot afford an attorney, or you have not chosen an attorney yet, the court can and must appoint a lawyer for you.

During the initial hearing, you will be asked to make a plea of guilty, not guilty or no contest. Your attorney will advise you as to which plea is most favorable for your situation. Even if you are guilty you may opt to plead not guilty. Some defendant’s choose to do this if they feel that the prosecutor does not have enough evidence against them to prove their case. If you plead not guilty, you will be given a trial in which it is the responsibility of the prosecution to prove your guilt. If you plead guilty or no contest, you will not be given a trail, rather you will go straight to a sentencing hearing.

If you are proven not guilty at your trial, you will be released from custody. If you are found guilty, you will be given a sentencing hearing.

A sentencing hearing is a hearing that allows all parties involved in your case to express the facts involving your case that may affect your sentence. These parties could include your accuser, yourself or persons who are defending your case.

After the hearing the judge will consider all evidence presented and then make a decision regarding your sentencing. Your sentencing could include additional jail time, monetary fines, community service or mandatory treatment programs. Depending on the severity of your crime, the evidence against you and your initial plea, the degree of sentencing could vary greatly. For smaller crimes, sentencing may only include a small fine and no jail time.

To insure that all of your rights are protected and that you receive the least sentencing possible, it is important that you hire a competent attorney and become knowledgeable about all of your rights.

Jody Ehrhardt writes for http://www.lawyervista.com]Lawyer Vista, a website where you can find http://www.lawyervista.com/24-criminal_lawyers.html criminal lawyers in your city or state.

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Credit Card Fraud Penalties

October 25, 2008 by Maricopa County Court  
Filed under Getting Arrested

By Debra Feinberg -

What is the penalty for credit card fraud?

Credit card fraud penalties and credit card fraud sentence varies by felony and misdemeanor classes and by jurisdiction and state. Find general sentencing information in New York below (we are federal criminal lawyers and handle all state and federal credit card fraud cases).

1. Third degree identity theft is class A misdemeanor (penal code 190.78

2. Second degree identity theft is a class E felony (penal code 190.79)

3. First degree identity theft is a class D felony (penal code 190.80)

4. Third degree unlawful possession of personal identifying information is a class A misdemeanor (penal code 190.81)

5. Second degree unlawful possession of personal identifying information is a class E felony (penal code 190.82)

6. First degree unlawful possession of personal identifying information is a class D felony (penal code 190.83)

Credit Card Fraud Penalties
Credit Card Fraud Sentence Information

Class C Credit Card Penalties Possible

First Offense
Lowest Amount of time possible:      no jail time or probation
Highest amount of time possible :    5 to 15 years in prison

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      3 to 6  years in prison
Highest amount of time possible :    7 ½ to 15 years in prison

Repeat Offense (Violent Predicate)
Lowest Amount of time possible:      3 to 6 years in prison
Highest amount of time possible :    7 ½ to 15 years in prison

Class D Non Violent Felony Penalties

First Offense
Lowest Amount of time possible:      no jail time or probation
Highest amount of time possible :    2 1/3 to 7 years in prison

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      2 to 4      years in prison
Highest amount of time possible :    3 ½ to 7  years in prison

Class E Non Violent Felony Penalties

First Offense
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    1 1/3 to 4 years in prison

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      1 ½ to 3 years in prison
Highest amount of time possible :    2 to 4 years in prison

Repeat Offense (Violent Predicate)
Lowest Amount of time possible:      1.5 to 3years in prison
Highest amount of time possible :    2 to 4 years in prison

Class A Misdemeanor Credit Card Fraud Sentence Possible

First Offense
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    1 year in jail

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    1 year in jail

Repeat Offense (Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    1 year in jail

Class B Misdemeanor

First Offense
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    90 days in jail

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    90 days in jail

Repeat Offense (Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    90 days in jail

Violation Penalties

First Offense
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    15 days in jail

Repeat Offense (Non Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    15 days in jail

Repeat Offense (Violent Predicate)
Lowest Amount of time possible:      no jail time
Highest amount of time possible :    15 days in jail

(note: federal sentencing for credit card fraud the sentencing standards for credit card fraud are classified as a Class C felony first offense and Class B felony for repeat offenses).

Article Source: http://EzineArticles.com/?expert=Debra_Feinberg

And a Misdemeanor Is?

October 25, 2008 by Maricopa County Court  
Filed under Getting Arrested

By [http://ezinearticles.com/?expert=Jeremiah_Denslow]Jeremiah Denslow

Each state and the federal government have its own system to classify crimes according to their legal code. Although you would think this would cause mass confusion, most times the crimes are along very similar lines with similar definitions.

Felonies are the most serious offenses, often punishable with a prison term of over a year. In more serious felonies the penalty may be death. On the other hand, a misdemeanor means going to jail for less than a year because the nature of the crime is not as serious.

Once you get into the misdemeanors, you get further categories broken out based on the severity of the crime. For instance a Class A misdemeanor is the most serious, with a jail term not exceeding a year plus a fine (variable from state to state.)

If you’re up for a Class B misdemeanor, it is usually a jail sentence of less than 180 days. Class C misdemeanors only carry fines. Felonies on the other hand are much more serious and include capital felonies such as first-degree murder. In jurisdictions with the death penalty, capital felonies may have either the death penalty or life in prison.

Again once you’re into the serious felony charges you have degrees assigned to the crimes. For instance first-degree felonies usually come with prison terms with a range of no less than five years to life.

Your second-degree felonies have jail time of up to 20 years but not less than a deuce (2 years). Third-degree felonies come with prison sentences of no more than 10 years and a deuce less.

You may be wondering how the various crimes are distinguished and how they fit into one category or another. Generally speaking, the decision on how such and such a crime is pegged for classification is based on what the state law says about that crime, any prior offenses and either aggravating or mitigating factors.

While you may think that the wheels of justice grind exceedingly slow and fine, overall the various classifications and penalties do suit the crimes. Rather like that saying referring to doing the crime and doing the time.

Jeremiah Denslow is a Dayton Divorce Lawyer in Dayton Ohio with Denslow Law Firm. The firm specializes in family law. Jeremiah also practices Dayton criminal defense. To learn more, visit Denslowlaw.com.

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Disadvantages Of Bail Bonds Services

By Mike Selvon

The catch about bail bond agents is that you really do not pay much attention to them until you find yourself in a predicament with the law. There is a website where you can gain some knowledge of legal terms and perhaps find a bail agent who can help you get back on your feet again after being arrested.

“Bail Bonds services” is a website devoted to the bail bond world and even has postings of fugitives. It may be worth a minute or two of your time to take a look around, just in case you find yourself behind bars.

Let us say, hypothetically of course, that you or a family member has been arrested and a judge has set a $20,000 bond that must be paid before release from jail can occur. Whoa, that is a lot of money and very few people can afford to put that much up in cash to get a loved one out of jail. That is where the bail agency steps in and helps you out.

They come up with the money or guarantee to get the person out of jail. This is not a free, “get out of jail” card. Usually the fee is ten percent and it is non-refundable.

Had you coughed up the full 20 grand, it would have been returned to you after the defendant showed up in court but as mentioned earlier, few people can come up with that kind of cash at a moments notice. The bail agency can be your friend or your worst enemy should the friend or family skip out on the bond.

“Bail Bonds services” is not a bail bond agency. They provide you with bail information for your area. There are links on the webpage to the right that can let you be an affiliate member or give you the latest bond skippers who have cash rewards on their heads.

You should be aware that they are not a referral service and nothing they offer is guaranteed. The best part of the website is the glossary of terms that can help you understand the legal system.

“Bail Bonds services” also provides listings of criminal attorneys in your area. However, not all states are covered and most certainly not all areas are covered.

Smaller towns will be forgotten as some bond agents will not be using the service if they charge a fee for listing. You absolutely must remember that they are not a referral agency and they are not responsible for helping you bail out your friend or loved one.

Visit Mike Selvon portal to learn more about http://bailbonds.niche-educator.com/Bail-Bonds-Com.php]bail bonds com Your feedback is much appreciated at our [http://www.mynicheportal.com/legal/bail-bonds-com-pitfalls]bail bond services blog where a free gift awaits you.

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When Traffic Tickets Become Traffic Crimes

October 23, 2008 by Maricopa County Court  
Filed under DUI, Getting Arrested

By Rob Skubiak -

When you get pulled over for a traffic violation, you may be concerned about getting a fine, or even having points charged to your license. However, depending on what you’re being accused of, a fine might be the least of your worries. The penalties for traffic violations vary from one state to the next, but one thing remains the same: traffic violations such as DUI, reckless driving, hit and run, and leaving the scene of an accident are all considered traffic crimes. Being charged with any of these violations always leads to the potential for criminal charges and jail time, depending on your location and the severity of the crime.

DUI- In most states, you will be arrested and taken to the jail for holding. Depending on how drunk you are and how you behave, you may be able to be released that same day, although your driving privileges may be suspended until your court hearing. When you go to court, the judge will ultimately decide the fate of your case. If you are in a severe case, you may be kept in jail until your trial date, which can be anywhere from two days to two weeks after your initial arrest. To get the best results, you should hire a DUI lawyer to defend your case.

Hit and Run- Being charged with a hit-and-run accident is very serious. Leaving the scene of an accident isn’t a traffic violation, it’s a crime. You will be arrested and entitled to a court hearing, with the possiblility of jail time for your violation. Again, the exact laws in each state will vary, so you’ll need to check with your specific state for exact details.

Reckless Driving- This is another traffic violation that is a crime in most states. Although your first charge will probably elicit a simple ticket, you’re still at a higher risk for being charged with a crime in most states. Also, you need to remember that the severity of your reckless driving charges will define just how severe your punishment is. You might just get a ticket and a fine, but you might wind up in jail or have to face a court hearing. If the latter is your situation, don’t panic. You can hire a qualified traffic lawyer to defend your case.

If you’ve been charged with a traffic violation that has spiraled into a traffic crime, you don’t have to face it alone. There are thousands of qualified traffic lawyers that are out there, waiting to help you with all of your legal needs. You can utilize resources such as Lawyers.com and Legal Match, to help you find the perfect traffic lawyer for your needs. All you need to do is to research your crimes and the consequences of them, and hire a qualified traffic lawyer to defend you. Then you’ll at least have a fighting chance at getting your charges dropped or lowered.

Rob Skubiak is a successful [http://www.trafficlawfirm.com/florida-dui-attorney.html]Florida Traffic Ticket Attorneys specializing in Florida DUI ‘s and Orlando traffic ticket attorney offenses. He started Skubiak and Rivas, P.A. in 1992 and has brought on Alain Rivas as his partner. Rob has appeared in courtrooms all over Florida defending his Florida traffic ticket clients. Official Website of Skubiak and Rivas, P.A. Orlando Traffic Ticket attorneys.

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Criminal Bail Bonds

By Damian Sofsian

Criminal bail bonds are necessary for people who have been accused of a crime to get out of jail while awaiting court dates and/or trials. Once people are charged with crimes, they are entitled to apply for bail while the court case is being processed. There are companies that specifically deal in the processing and approval of bail bonds.

Driving under the influence of alcohol or drugs (DUI) is considered a crime. Driving while intoxicated (DWI) is similar to a DUI, and is also a crime. When arrested for DUI or DWI, it is often very serious. The court proceedings often take months, sometimes even a year or more, so it is common for people involved in these cases to seek and post bail, so as not to spend the time waiting for the court dates in jail, but rather at home.

Criminal bail bond agencies help the accused make bail, which can be very high at times, and friends/family may not have the money for it on hand. Bail bond agencies normally collect particular percentage of the total bail amount (as dictated by law) and assure the court that the defendants will appear to all hearings as and when required.

Bail bond agencies collect 10% of the bail amount as a premium. To have a friend/relative freed from jail, this amount has to be paid instantly. Once the payment is received, the procedures for getting that person released from the jail are arranged.

Criminal bail bonds may sound simple, but in general, they are not. These proceedings take a long time and one has to be very patient. Especially in metropolitan cities, the number of crimes is increasing and so the criminal bail bond businesses aren?t lacking in customers. [http://www.bailbonds-web.com]Bail Bonds provides detailed information on Bail Bond Agents, Bail Bond Companies , Bail Bond License, Bail Bond Schools and more. Bail Bonds is affiliated with [http://www.i-lawenforcement.com]Law Enforcement Training.

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Should I Hire a DUI lawyer?

By Ian E. Wright

The main reason anyone would ask that question is because they have been charged with some form of  DUI (driving under the influence) or DWI (driving while intoxicated). If this sounds like you or someone you know you need to hire a lawyer as quickly as possible.

There are several reason why you need a qualified DUI lawyer working hard for you. Primarily they will know your legal rights in regard to the specific charge against you. Thus, they will be able to help prevent you from self-incriminating yourself or any other mistakes you are likely to make.

Moreover, if the charge is a serious one, which hopefully it is not, they will know how to defend you in court. You need the experience of a good DUI lawyer because they understand how to talk to judges, juries and the prosecution. And once again they will know the law far more throughly than you will, given their years of legal experience.

Probably the most common argument against hiring a DUI lawyer is that they are expensive. Well this is a valid point any good DUI attorney is going to be expensive, but that is because of the value they provide. For example, how much would you pay to avoid going to jail even for a few months. For many people the cost of the DUI lawyer when compared to the potential fines and/or jail time of not; find that hiring one is a good investment on their part.

There are however some common misconceptions about what a skilled DUI lawyer can and cannot do. Most importantly they are not miracle workers. If you have driven drunk and killed someone there is no way that you are going to get away with only a fine. People often see shows such as Law and Order and think that lawyers can get people out any situation.

The truth is that if you are guilty of killing or seriously injuring some one while DUI you will face jail time. However, even in these cases it makes sense to hire a good DUI lawyer because they may be able to get your sentence reduced somewhat, especially if you plead guilty.

The situation where DUI lawyers work best though is for first time offenders. They can ensure that the fines and/or jail time will be as minimal as possible. Think of them as your get out of jail free card, that you can only use once. The more serious the DUI offense or the more DUI convictions you have the less leeway a DUI lawyer will have with your case.

Thus, if you have been charged with a DUI or DWI you need a lawyer on your case. Just remember that they are not miracle workers. They have to work with the particularities of your case and history. In the end though you will be glad you did. Better yet, don’t drink and drive in the first place and you will never have to ask this question again.

Ian Wright is not a lawyer but writes about many legal issues on his websites. He strongly disagrees with people who drink and drive but respects their legal rights. For more information about this issue please visit his sites about: [http://www.dui-attorney-help.com]DUI Attorney and Lawyer and [http://www.dui-attorney-help.com/Illinois-DUI-attorney.html]Illinois DUI Attorney.

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You’re Under Arrest! – Now What?

By Andrew Sarski

Although you may be confused, scared or angry at first, if you have been placed under arrest or have been asked to go to the police station for questioning in a crime, you should contact a criminal defense lawyer immediately. Criminal defense lawyers know what your rights are and how you should handle your arrest.

A qualified defense attorney will advise you on your rights so you don’t get caught off guard by police interrogation tactics. This legal advice alone could protect your freedom. After arrest and bail, you will be arraigned and assigned a court date. The US Court System is a very complicated justice system and you will need an attorney that is well versed in your state laws to argue your case. The following topics may help you understand the criminal justice process if you have been charged with a crime.

Severity of Criminal Charges

You could be charged with an infraction. An example of an infraction could be a noise violation. The punishment of an infraction can not be jail time, only fines, the loss of your license or other personal liberty restrictions, excluding jail. You can not go to jail for an infraction. There are times in negotiations between your criminal defense attorney and the prosecutor of your case will reduce a greater charge (felony or misdemeanor) to an infraction with an admittance of guilt. If you are charged with a Misdemeanor, the punishment is more severe. A misdemeanor can carry a jail sentence (up to a year in jail) and large fines. If it is your first offense and you are convicted, the best case scenario is you are offered probation and a hefty fine. Being charged with a felony is the most serious criminal charge that can be brought against you. If you are convicted of a felony you may be sentenced to jail time in State Prison.

How to Handle the Police looking for you

If the police are looking for you or have called you directly in relation to a crime, it is in your best interest to talk to a lawyer before you speak with the police. Although you have not been placed under arrest, anything you say to the police detectives over the telephone or casually in person can be used against you. Whatever you do, do not lie or tell mis truths to the police thinking that it can not be used against you. Everything can be used against you in the court of law if you have not been placed under arrest.

Miranda Rights

If you are in Police custody, it is most likely that the Police will read you your Miranda rights. If you are read the Miranda rights, everything you say can and most likely will be used against you in a court of law. At this point, it is most likely in your best interest to give the police officers your name and address and request to speak with a lawyer. After this, do not say anything until you speak with a lawyer.

This article should shed some light on what to expect if you are detained by the police or placed under arrest. Getting arrested is a horrible experience than can only get worse if you do not have an advocate fighting for you. If you have been arrested, contact a criminal defense attorney immediately. It is in your best interest as your very personal freedom is in jeopardy.

If you have been charged with a crime, contact an Oklahoma City Defense Attorney at the Law Firm of Atkins & Markoff. If you have been charged with a [http://www.oklahomasexcrimeslawcenter.com/]Sex Offense, [http://www.oklahomaduicenter.com/]Oklahoma City DUI or an [http://www.oklahomacriminallawcenter.com/oklahoma_drugoffenses.html]Oklahoma City Drug Charge, you need a qualified Defense Lawyer: Contact Atkins & Markoff today!

This article, which is not meant to be legal advice, may be republished providing all of the resource links remain intact.

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How the Justice System Works

By Todd Hicks

Do you want to know how executions are carried out in different states? Are you interested in learning how the court system works? Do you wonder what the penalties are for certain offenses? Do you want to learn the difference between the jail system and the prison system? I will answer these questions through the knowledge I gained from attending a criminology class.

Thirty-six of the forty-one states that use the death penalty carry out electrocutions or lethal injections. Washington and four other states resort to hangings or firing squads. Citizens serve on the firing squads. One of the participants has an empty gun.

The purpose of having one empty gun is to create doubt in everyone’s mind. Each shooter will think his or her gun might have been empty; therefore, he or she will probably not feel guilty.

Defendants who enter a plea of innocence receive a trial. Defendants who enter a plea of guilt are sent to sentencing divisions where judges issue sentences the entire day. A plea of “no contest”, or Alford plea, is considered to be a plea of guilt; therefore, a defendant who uses this plea will automatically receive a sentence. Defendants who post bail get their money back if they appear for their trials.

Felonies fall into four different categories. A Class A felony such as a robbery involving a weapon or an act of arson carries a penalty of ten to thirty years in prison. A Class B felony such as a rape or burglary mandates a prison sentence of five to ten years. Commit a Class C felony such as theft or fraud and you will probably receive a sentence of one to five years. The penalty for a Class D felony such as misdemeanor assault or misdemeanor animal abuse is a year or less in confinement.

Jails and prisons serve different purposes. Jails detain defendants awaiting a trial, sentencing or a transfer from one prison to another. Jails also confine defendants convicted of a misdemeanor up to a year. About seventy-five percent of our country’s jails hold less than twenty people.

Prisons detain people convicted of a felony. Minimum security prisons hold defendants who are given a sentence of one to two years. Inmates detained in minimum security prisons are allowed to walk around the facilities as much as they want.

Medium security prisons hold defendants who are given a sentence of two to five years. Inmates who do time at medium security prisons are allowed to walk around the facilities most of the day.

Maximum security prisons hold defendants who receive a sentence that will last longer than five years. Defendants who are unfortunate to spend time at maximum security prisons are restricted to their cells most of the day.

Todd Hicks owns Skill Development Institute, an enterprise that provides a keyboard typing lesson and academic study guide. To become a great typist or student, visit Skill Development Institute. http://sdinst.blogspot.com

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