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Interesting Things You Find When reading the New Laws

May 20, 2012 By Ken Lammers

So, I'm trying to work my way through the new laws which have been passed by our General Assembly and signed by the Governor. These are always interesting because you get to see what has caught the attention of the law makers and you learn about things you didn't even know were in the law. So far, there does not seem to be anything too incredibly groundbreaking this year.

Probably, the biggest change I've run across is the fact that Virginia is going to have Rules of Evidence promulgated by the Virginia Supreme Court as of 01 July 2012 (HB-101). The claim is that these are merely codifying existing common law rules, but I've glanced over them and there appear to be changes to long held Virginia common law rules.

There are, of course, other important changes in the law. For instance, the County Treasurer is now allowed to carry a firearm into the courthouse (HB-288) and dogs can now be trained to hunt bear from 4 a.m. to 10 p.m. during bear hound training season - as long as no bear is captured or killed (HB-95). Because that was a law which desperately needed passing.

When I finish all my summaries of all the new laws I'll be sure to post them.

Posted Originally at CrimLaw - http://crimlaw.blogspot.com

Filed Under: Criminal Court Tagged With: arizona courts, arizona criminal attorney, arizona criminal court, arizona laws, arizona legal, arizona statutes, maricopa county attorney, phoenix criminal attorney, scottsdale criminal lawyer

Finding a Criminal Lawyer When You Are in Need of One

May 17, 2012 By Maricopa County Court Leave a Comment

By Aloysius Aucoin -

Under the law in the United States all defendants in a criminal case have the right to attain legal counsel to represent them. If a defendant is unable to afford an attorney then the court will appoint a public defender or in some cases a private lawyer to represent them. However if you earn too much money to be appointed an attorney then you will have to hire your own criminal lawyer to defend you.

If you find yourself in the precarious situation where hiring a criminal lawyer is a must then there are a number of ways that you can find legal representation. If you have needed a criminal defense attorney in the past then you may already know whom to call on but if this is new to you then the first place to look is close to home.

Contact loved ones and friends who have required the services of a criminal lawyer before and ask them about their experiences. From there compile contact information about the attorneys. You want to find an attorney that you will be compatible with. If someone else you know well was happy with the service they received then this is a promising sign. Find out what the lawyer charged. The attorney-client working relationship is very important and can play a role in the outcome of your case.

Find out the number for the local bar association and call them up and ask for referrals. The American Bar Association as well as numerous states bar and local bar associations will are more than willing to give you some names and general information about attorneys who are members of the association(s). Some bar associations have referral programs that help to find lawyers for citizens who are having trouble finding one on their own.

Search for a criminal lawyer from a home computer. The Internet has made it possible to find legal information easier and quicker than ever before. There are a number of attorney contact information databases online that can connect you up with a criminal defense lawyer in the geographical area you reside in. Many of these databases will allow you to break down your search into the specialty that you are in need of.

As previously mentioned a public defender will not be able to represent you if your income level is too high but the office for this attorney should be able to provide you with attorney recommendations. If all else fails and you are still coming up empty then this is another avenue for you to explore. There are plenty of lawyers that practice criminal law but you want to narrow in on one that you will be able to establish the proper rapport with. Communication between yourself and the lawyer you hire is very important for your success in court.

A criminal lawyer Covington can help if you have been charged with a crime. Look no further than: http://www.becklawfirmky.com/.

Article Source: http://EzineArticles.com/?expert=Aloysius_Aucoin
http://EzineArticles.com/?Finding-a-Criminal-Lawyer-When-You-Are-in-Need-of-One&id=7060806

Filed Under: About Attorneys, Criminal Court

Good Cop

May 15, 2012 By Ken Lammers

For those of you who believed that YouTube exists only to show officers behaving badly, here are three proving it's not (entirely) so.

1. The Maine State Trooper: This one's been around the web for years. This Trooper endures all sorts of abuse from the driver and his reaction? He just slowly, but surely tells the man everything he's supposed to. Slowly.

2. Chat 'em Up: There's nothing too spectacular about this one. Two protesters were pretty much being ignored until this state police officer came out to check on someone wearing an orange jump suit. The protesters seem impressed.

3. Open Carry: In this case it's fairly obvious that the guy walking around openly carrying a firearm is hoping to provoke something. The officer comes up and starts a typical safety check (you have a right to open carry - conversely, other citizens have a right to be worried when they see a guy walking down the street armed), but he quickly cottons to what's going on and turns it. By the end of the video he turns right into the camera, makes sure he's centered, and announces his name, badge number, and department.

Posted Originally at CrimLaw - http://crimlaw.blogspot.com

White Collar Crimes: An Overview

May 15, 2012 By Maricopa County Court Leave a Comment

By Nicolas DAlleva -

There are many different crimes in the world today. Some of the overlooked crimes fall into the white collar crime category. This category is made up of crimes that do not necessarily “hurt” someone. They often happen in professional settings and include things such as embezzlement, pyramid schemes, and fraud. Many times when people see some sort of corporate scandal on the news, it is about a white collar crime. It has been found that the public as a whole is more willing to forgive people who commit these crimes. It is important to remember that they can result in just as much jail time as any other type of illegal activity.

White collar crimes are frequently committed by people in government or business positions. Many of them are felonies and typically involve some sort of fraudulent activity. There is a long list of crimes including:

Forgery
Money laundering
Insider trading
Bribery
Copyright infringement
Identity theft
Commodities and securities fraud
Embezzlement
Any and every type of fraud such as bankruptcy fraud and insurance fraud

The biggest difference between blue collar crimes and white collar crimes is that violence is normally not a factor in white collar offenses. The perpetrators are normally financially privileged, especially in comparison to blue collar offenders. Money is often the main motivation of these crimes and while it causes no physical harm to others, businesses and individuals can lose hundreds of thousands of dollars. Any office where financial transactions take place and sensitive information is accessed on a daily basis is at risk for crime. Whether it is a corporate, business, or government office, no environment is immune.

The news is often full of corruption and large corporation scandals. These are perfect examples of the magnitude that white collar crimes can reach. One positive side of handling white collar crimes is that the offense can be committed by an entire agency and not just a single person. Civil law suits against companies can occur because of this type of crime. Common crimes that can be committed by the institute and not the individual include price fixing, false advertising, and company overcharges.

While it would stand to reason that technology improvements would provide better security for businesses, technology is actually making it easier for money to be stolen especially by a savvy person. The crimes are facilitated with computers, paperwork, and any other type of electronic device. These crimes result in some sort of benefit from the company or employee. The goal is normally to make money whether it is through stealing or insider trading.

Unlike other crimes, people are not arrested and charged. An extensive investigation normally takes place so that the right people are accused and charged. If you have been indicted, contacted by an investigator, or fear for your freedom in any way, shape, or form, you need to get in touch with a reliable criminal defense attorney. A lawyer will be at your side through every step of the proceedings. The facts will be evaluated so that you can get a good deal.

Nicolas DAlleva is an experienced Philadelphia criminal lawyer specializing in crimes such as forgery, identity theft, fraud, and embezzlement. If you need an white collar crime attorney, call the law offices of Nicolas DAlleva at 215-546-5650.

Article Source: http://EzineArticles.com/?expert=Nicolas_DAlleva
http://EzineArticles.com/?White-Collar-Crimes:-An-Overview&id=7036141

Filed Under: Criminal Court Tagged With: maricopa county court, white collar crimes

When You Are Going to Rob Someone Keep an Eye on the People Around You

May 15, 2012 By Ken Lammers

Oops, ummm, Officer I was just, ummm . . .

Posted Originally at CrimLaw - http://crimlaw.blogspot.com

United Breaks Guitars

May 4, 2012 By Ken Lammers

What do you do when an airline breaks your expensive guitar and refuses, for over nine months, to make you whole? You do this:

Over 11 million hits and climbing.

via Volokh Conspiracy

Posted Originally at CrimLaw - http://crimlaw.blogspot.com

The Dead Horse

May 3, 2012 By Ken Lammers

Attorney: Judge, I don't want to beat a dead horse . . ."

Judge: "Well, somebody has to."

Attorney: "Okay, I guess there are just some horses that need to get beat, even post mortem."

Posted Originally at CrimLaw - http://crimlaw.blogspot.com

Recreating the American Criminal Legal System: Inquisitorial and Adversarial

May 2, 2012 By Ken Lammers

Via SL&P, I came across a post by James Dole in which he proposes that prosecutors be split into two groups with different functions.

Aggravated Assault – What is It?

April 30, 2012 By Maricopa County Court Leave a Comment

By Frank Schumacher -

Although there have been a decrease in the numbers, violent crimes still prove to be one of the major problems haunting the general population here in the US. Violent crimes include battery, assault, mayhem, false imprisonment, kidnapping, homicide, murder, rape, robbery and extortion, burglary, arson, and manslaughter, among others. Of all these crimes, aggravated assault is said to be the most common.

Aggravated assault, also known as felonious assault, is a modified form of ordinary assault. The difference between the two lies in how much resulting injury is involved. The application of force against another person that does not result in any bodily harm is considered to be an ordinary assault. For it to be considered an aggravated assault, the injury should be one which maims or disfigures the aggrieved party or endangers his or her life regardless of the use of a deadly weapon. Too many times, the only thing that sets murder and homicide different from aggravated assault is that the victim did not die.

Because of the simplicity and trifle nature of an ordinary assault, it rarely leads to jail time. This is in exact opposite of aggravated assault cases where the criminal has to serve several years of jail time depending on the nature and gravity of the assault.

In 2005, a total of more than 850,000 aggravated assault cases have been reported, a 1.8% increase in the total number of reported cases from the previous year. Twenty five percent of these cases involved the use of hands, fists and feet. On the other hand, 21% of the total cases involved the use of firearms and other deadly weapons. These statistics, however, already includes cases where only a threat was made. This is because, had the threat pushed through, it could result to an aggravated assault charge.

Country-wide, California ranks as the state with the most numbers of assault cases of this type. This is followed by Florida, Texas, and New York. On the other hand, Maine, Vermont and North Dakota have proven to have the lowest number of cases with no more than 800 cases each per year.

Penalties for this type of assault differ from one state to the next. However, penalties usually include jail time, electronic monitoring, loss of the rights to own or possess firearms and weapons, mandatory anger management classes, restitution, and fines and court costs. In the state of Arizona, for example, probation usually lasts for nine years with fines of up to US$ 250.00. On the other hand, the state of Wisconsin fines aggravated assault criminals to as much as US$ 100,000.00 with jail time of up to 25 years. The Judge can also order counseling as well as community service as part of the sentence.

If you are in Arizona and you find yourself having to face an aggravated assault charge, you might need the help of a lawyer who is knowledgeable with the clauses of Arizona criminal law as well as the Phoenix Criminal Law concerning aggravated assault. Keep in mind that only a well-versed lawyer can ensure that you only get a misdemeanor rather than a felony charge.

Article Source: http://EzineArticles.com/?expert=Frank_Schumacher
http://EzineArticles.com/?Aggravated-Assault—What-is-It?&id=3498853

Filed Under: Criminal Court

Who Murdered Whom?

April 29, 2012 By Ken Lammers

I tripped across this hypothesis on the internet (it was framed for the MPC) and thought I'd address it under Virginia law:
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A walks into the room knowing B has a gun on him, in fact, A also has a gun, but he wants to shoot B and get away with it in self-defense.

A provokes B by taunting him with vulgar words with the intent that B shoot him, miss, and then A would be able to shoot back in self-defense.

B shoots and misses. He has more bullets and A knows.

A shoots back and misses. He has more bullets and B knows.

B shoots back killing A. B claims self-defense.

What result?

The Dillema: B’s initial shooting wasn’t justified, because he had no indication that A was using deadly force.

But for A’s purposes if he would have been the killer, he was the provoker, so no self-defense.

Does the fact that A was the provoker allow B to use self-defense as a defense, because A was the initial aggressor? Or looking at him, his shooting wasn’t justified, he was the initial aggressor? Can we have 2 initial aggressors? How does this pan out?
-------------

Under Virginia law:

Assuming, as the problem seems to, that A did not have his firearm in plain view or somewhere so that it was obvious, B has no right to shoot at A.

A has contributed to causing the problem. Under Virginia law, this means that he has a duty to retreat. Only if he retreats to the point that he cannot retreat any further is his defense of self "excusable." If A had killed B without retreating, he would be on the hook for a homicide conviction; the only question would be the degree. Assuming there is no evidence of A's intent, this would probably result in a voluntary manslaughter conviction. Of course, if there is evidence that A went to the residence with the intent to kill B while pretending to act in self defense then there is neither "excusable" (partially caused by victim; duty to retreat) or "justified" (victim entirely not at fault; no duty to retreat) self defense. This would most likely be Murder in the Second Degree. However, I am, again as the problem seems to, assuming this evidence does not exist.

B is definitely guilty of a homicide. He shot first with only verbal provocation. The fact that he was a bad shot and missed the first time does not absolve him. It would be a jury question as to whether he was guilty of Second Degree Murder (with malice aforethought) or Voluntary Manslaughter (heat of passion). I lean toward Second Degree Murder because the B already had the firearm out and aimed at A; it's hard to argue that he did that in heat of passion (voluntary manslaughter) instead of with malice aforethought (murder in the second degree).

That's how I see this panning out under Virginia law. Of course, we never adopted the MPC and have stuck by the common law (sort of). Does anyone see different results in other jurisdictions?

Posted Originally at CrimLaw - http://crimlaw.blogspot.com