If you have ever been arrested or have been on the wrong side of the law, then you may not know what your rights are regarding Criminal Law and Criminal Defense.
If you watch crime drama you no doubt have heard the famous reading of the rights. However, you have others that may not be mentioned in your average police drama. The purpose of this article is to teach you what your rights are in regards to criminal law and criminal defense.
We have all heard this famous line, you have the right to an attorney, and if you cannot afford an attorney one will be provided for you. This is true, everyone has the right to an attorney you also have the right to an attorney throughout the entire legal process. You will be provided legal council at no cost to you in you are unable to provide your own lawyer but at the end of the proceedings you may be asked to pay all or some of the costs if you circum stances chance.
Criminal Law and Criminal Defense states that you also have the right to a jury trial. You are entitled to a speedy and fair trial; everyone brought into court is innocent until proven guilty. You also cannot be convicted unless a jury of 12 unanimously agrees that based on the evidence you are guilty beyond a reasonable doubt Criminal Law and Criminal Defense states that you have the right to confront witnesses: You (usually your attorney) have the right to question, depose and cross examine any witnesses testifying against you.
Criminal Law and Criminal defense also states that you have a right against self incrimination. You have the right to remain silent during and after arrest and don't have to say anything without an attorney present. You can decline to answer any questions that will incriminate you and have the right to take the stand in your own defense.
Finally, Criminal Law and Criminal Defense states that you have the right to produce evidence on you behalf. This means you have the right to subpoena witnesses to bring forward any and all evidence favorable to you.
These are some of the most basic rights under criminal law and criminal defense. Hopefully you will never have the need to use this knowledge but you never know. In legal matters, knowing what you are entitled to can go a long way.
| Crystal says: | 2006-10-19 10:58:09 |
| Great information on Criminal Law | |
| Candace Sams says: | 2006-11-04 07:14:04 |
| If a neighbor swears out an arrest warrant against you, what obligation does the state have to prove that neighbor\'s case? What if the neighbor made up the case? What\'s the statute of limiations in Alabama on misdemeanor filings and what recourse would I have to defend any defamation (Liable or Slander) against myself, to recover my reputation? Thanks, C.Sams | |
| Lisa MacKay says: | 2006-12-26 23:34:05 |
| Is there a statue of limitations on a relatively minor offence such as attempted fraud under 5000$ If so what is the time period to bring you to court? | |
| L.A. says: | 2007-01-03 10:20:21 |
| what is the statue of limitation in california for a misdemeanor, and the statue for a felony ie: theft, white collar crime, etc.. | |
| Buck Johnson says: | 2007-01-11 15:09:41 |
| I recieved a misdemeanor for allegedly evading police. I was arrested and now have to get an attorney, what should I do? | |
| monica k corley says: | 2007-01-17 12:35:02 |
| they are wanting me to appear in juvenil court over a charge i was covicted over 9 years ago to get my licence back, this happend when i was 17. i am now 26 still with no licence over this one charge, is there not a motion i can file to have this old charge thrown out, cause its been 9 years. | |
| Judith Johnson says: | 2007-01-23 18:34:29 |
| I want to know what the statue of limitation is if you were charged with a crime for posession of drugs in Oct of 2005 and it has been over a year and have not been indicited can they bring those charges against you. I have been told that if they have not charged you within 270 days they can not. | |
| Diane says: | 2007-02-04 09:22:52 |
| What is the statue of limitations on kidnapping & rape in the state of California? | |
| Anonymous says: | 2007-02-09 11:50:52 |
| I have been banned from a Curry County Court because someone reported that I said \" It would take a 45 to stop this judge.\"Of course this is not the real reason. The reason is that I want to sue a well known attorney and contractor | |
| t luther says: | 2007-02-24 00:18:07 |
| what is the statue of limitations on two dui offences and a child endangerment charge if you dont go to court. | |
Early one morning a woman in the state of Alabama drove of to the Wendy's that she was the manager. When she arrived at the parking lot she noticed a car full of people that she thought were suspicious. She ran into the restaurant, unfortunately leavening her truck unlocked. When she returned she found that her purse had been stolen. Everything a person would need to commit identity theft was in her purse. Her Checkbook, Social Security Number, Credit Cards and bank details. This lady was both lucky and unlucky. She was unlucky in the fact that several of her checks were used costing her over 200 dollars. She was very lucky in the fact that this could have been far worse.
There have been cases of people loosing everything because of identity theft. Some have their bank accounts cleaned out, some have loans taken out in their name, and others have astronomical amounts put on their credit cards.
It was due to identity theft incidences such as these that have prompted many stated to enact much tougher legislation in regards to these crimes. They are looking at making punishments harsher for identity theft as well as making the crime much more difficult to commit.
State and national governments have been quite slow to act in cases of identity theft up until now. It wasn't thought of as a crime that needed as much attention as others. However, identity theft is now one of the fastest growing crimes in America and Worldwide with larger and larger amount of money being stolen.
One of the methods banks and other institutions are using to combat identity theft are credit check freezes. This would make it impossible for anyone to gain credit scores and transactions off of your account. This comes however with its own set of problems in that if someone needs to apply for financing, this makes it impossible to do a proper credit check.
Unfortunately, Identity theft is very hard to prosecute. Many times criminals are never caught due to their sophisticated equipment and methods. There are things you can do to protect yourself against identity theft. Avoid giving out bank and credit card details over the phone or internet. Before throwing away and bank statements or finance record, make sure they are thoroughly destroyed. As soon as you notice any finance related card or statement missing, report it immediately You are only responsible for the things purchased before the card is reported stolen so the sooner the better. Identity theft can be terrible and can even destroy lives. Protect yourself as best you can.
It seems that every time you turn on the news, there is talk of crime. It seems like the United States of America has one of the highest crime rates in the world. It also seems like law enforcement are letting us down in that the crime rate is soaring out of control and just getting worse. Ever winder if we are getting an accurate picture? Are we being told the truth or are the press frightening us by blowing events all out of proportion? Do you ever wonder where you can find accurate information should you despite to do so? The purpose of this article is to introduce you to some basic criminal law statistics. We will look at what Criminal Law statistics exist and how they are used. We will answer some frequently asked questions regarding criminal law statistics and show you what they are really saying.
What are Criminal Law Statistics?
These are numbers of crimes committed. They are reported by the police and other law enforcement agencies. They age generally totaled up yearly so rates of crime can be compared from year to year.
What types of crime do criminal law statistics report?
Just about every type of crime imaginable, from white collar crime to violent crime/ they are based on reported crimes so the correctness and accuracy of the statistics depends on crimes being reported.
What do Criminal Law statistics say about murder?
You may be surprised to hear this but the murder rate for the USA has steadily dropped since the mid to late 1990's when it was at its highest. It has dropped to nearly 5 murders for every population of 100,000 people where in the 1990's it was over twice that. This also includes the 9/11 tragedy so murder rates are truly dropping.
What do criminal law statistics say about rape?
Again, you may be surprised. Rape has dropped dramatically. Rape rate are based on a person 12 years or older per 1000 people, 1979 saw the highest rate with almost 3 per 1000 people. Now it stands at les than 1. You also have to keep in mind that in the 1970's rape wasn't reported as much as it is today. When you consider this the drop is quite staggering. The decline is largely due to good police work, tougher laws and brave people coming forward to report crimes and prosecute.
Now one is saying, don't pay attention to the news but keep in mind that they have to attract ratings and advertising revenue like anyone else. Before you are ready to reprimand law enforcement, look at criminal law statistics and find out what is really happening. If you are the victim of a crime the best things you can do is report and prosecute. This helps eventually drop the crime rate.
If you have ever watched a crime or legal program, ever seen a legal thriller or even read a John Grisham novel, you have most likely come across the term statue of limitations. The exists for nearly all crimes across civil and criminal law. Criminal Law Statute of Limitations basically sets a time limit for brining charges and having court proceedings against a person for a said crime.
There is a purpose for criminal law statue of limitations. As time passes, people's memories fade and evidence becomes contaminated. Compromised or lost. It is to prevent law enforcement from using up limited resources to prosecute old outdated crimes when there are plenty of crimes in the modern day that need their attention.
Criminal law statue of limitations vary according to the type of crime committed. Criminal law statue of limitations tend to be longer than crimes of a civil nature due to the fact that they are usually more violent and the evidence gathering process is much more complex. They also tend to give more time; the more serious the crime is considered to be.
War crimes and murder are currently under no statue of limitations in any state of the US or province of Canada. However, murder cases get harder to solve the longer they are left so the chances are still quite slim someone will go to prison over a murder committed 30 years ago.(Although it has happened) Criminal Law statute of limitations vary from state to state. Each state has the right to set limits except for crimes tried automatically in federal courts. Also in many cases, there are exceptions that can be made to get around criminal law statue of limitations, again, it's up to the individual state and their legal system but the most common exception is when the injured party is a minor. Criminal Law statue of Limitations do not always make for a perfect world. Some people feel cheated because sometimes a person role in a crime isn't discovered until much later on; the criminal Law statute of limitations allows them to escape unpunished.
However, if they did not exist, the world could be a much scarier place with people being brought up on seemingly unimportant and outdated charges. If you have been the victim of a crime, the best thing you can do is report it immediately. This will help guarantee the best result.
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