Archive for the ‘Criminal Lawyer’ Category

 

Post Conviction Relief Is Available From An Exemplary White Collar Crime Attorney

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People that are involved in illegal activities such as tax evasion, money laundering, mortgage fraud and more, are generally placed into the same category, as having committed a white collar crime. These are often referred to as white collar crimes because of the extraordinary amounts of money that are generally involved, which can number into the millions, or even billions in some cases. Regardless of the amount of money involved, white-collar crimes are often extraordinarily complex cases, and it takes the government months or even years to build their case before it is taken to court. It is in this interim that your opportunity lies, because by finding an experienced white-collar crime attorney to defend you before the prosecutor has actually filed any charges may lead to having the charges reduced or even dropped. Regardless of whether you need an attorney for yourself, or to defend a large corporation, you need an attorney that has experienced in the complexities associated with any type of white-collar crime. Regardless of whether your specific case is considered state or federal, it is in your best interest to have a white-collar crime attorney in your corner to defend you.

Even with the best attorney available, it is possible that you could be found guilty and a judgment placed against you. Often, these judgments include huge fines and jail time. However, you still have the opportunity to possibly overturn a judgment against you, through an appeals process. Appeals go through the appellate court, and require specific skills that only the most experienced attorneys are able to master. These skills include exemplary research and writing skills, as well as the ability to create exemplary legal strategies that can be communicated in the most persuasive manner to the appellate court to overturn your judgment. These skills are required to potentially overturn your judgments, because your lawyer must prove that you were the victim of a legal error that took place while you were in court first time. In most cases, these errors are found through the court transcripts, which are then exploited to your benefit, through both written and oral arguments in appellate court. There remains the possibility that despite the most persuasive argument, your appeals may be denied. In this case, you have one more opportunity to overturn your judgment, and that is through post conviction relief.

Simply stated, post conviction relief is your last opportunity to file with the court an appeal, because an error has taken place during your trial or during your appeal by your attorney at the time, or that you suffered from another form of constitutional error in your trial. These types of cases are extremely complex, and many attorneys will not pursue post conviction relief for their clients because of their lack of skill, or the time that is needed to successfully put together a post conviction relief case. However, there are highly skilled attorneys available to pursue post conviction relief, and those attorneys will do everything within their power to provide you with a positive outcome in any post conviction case.

Criminal Law And The Status Of An Immigrant

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California Criminal Law pretty much follows the common law of the country and has a number of crimes that are the domain of the city or county within which the crime was committed. Normal amongst these are infractions such as speeding, parking illegally, causing a nuisance, and so on. These are crimes which do not normally carry a jail sentence and are not really crimes at all but peccadilloes for which one gets a rap on the knuckles and moves on.

Then there are misdemeanours which are somewhat more serious but are in fact still not serious crimes. The penalties for these may include incarceration for up to a year and a large fine. Included here is petty theft, shoplifting of a value less than $300, brawling and public lewdness, prostitution tends to fall into this category.

Felonies carry far more severe penalties and the crimes include Murder, Rape, Drug crimes.

Many Felonies also become Federal crimes.

For an immigrant a charge against you for anything beyond an infraction has to be regarded as serious. If you are working with a permit prior to getting a Green Card, or are a Green Card holder awaiting citizenship hearings then all criminal records are examined and can adversely affect your immigrant status.

There are 2 very important provisions of the law to consider.

The first are the so called aggravated felonies. These are crimes which include any dealing in drugs, be it Marijuana or harder drugs such as cocaine or Heroin, even designer drugs such as Ecstasy or Rohypnol are considered in a serious light. Also included is murder, violence, Human Trafficking or offences to do with trading in arms and explosives.

A conviction under any one of these crimes will lead to an automatic suspension of you immigrant status followed by deportation once you have served your sentence.

But be careful. The immigration law has the ability to lump a couple of offenses together to ensure that the maximum possible penalty will exceed 1 year and then your misdemeanour suddenly becomes aggravated felony and deportation becomes a likelihood. For example if you are charged with shoplifting and you have been caught with a T-shirt worth $5.00 and the store presses charges according to their published policy you have committed a petty theft and the maximum penalty is 6 months. However the DA decides that he is also going to charge you with commercial theft which, when added to the petty theft gives you a potential maximum penalty of over 1 year then suddenly you immigration status is looking bleak as you are now guilty of an aggravated felony.

If this has happened to you then you should immediately contact a Criminal Lawyer in Los Angeles who specializes in defending immigrants who have been charged with crimes.

If you have already been convicted of a crime or have been advised to plead guilty then it is still worth contacting him as he is very capable of filing a Motion to Vacate Judgment in CA due to poor advise or flawed procedures in your arraignment and trial.