LaWbuda.com
Providing legal information and guides to state, local & municipal resources in Mohave County
2461 Miracle Mile, Suite #200
Bullhead City, AZ 86442
Telephone: (928) 444-1219 Facsimile: (928) 444-1218
2461 Miracle Mile, Suite #200
Bullhead City, AZ 86442
Telephone: (928) 444-1219 Facsimile: (928) 444-1218
|
|
|
LAW OFFICE OF WILLIAM M. LABUDA
Appeals: On occasion, a judge may issue a ruling or decision which is legally incorrect. The appellate process is the manner in which the judge’s ruling is challenged. A lawyer handling an appeal will write a detailed and sometimes complex legal “brief’ and will sometimes appear for “oral argument” before the appellate court. An appeal is generally made to the next higher court. For example, county court decisions are appealed to the Circuit Court; Circuit Court decisions are appealed to the District Court of Appeal; and District Court of Appeal Cases are appealed to the Arizona Supreme Court. If an appeal is successful it often will dramatically affect the outcome of the case. Asset Forfeiture / Property Seizure The law allows, under certain circumstances, for a police agency to seize property which they believe is connected to, or associated with, criminal activity. The owner or claimant of the property must then assert a claim, and in many cases litigate the matter in court in order to get the property back. Most often U.S. currency, vehicles, boats, jewelry and real estate are seized for forfeiture. A forfeiture case may be a Federal Court or State Court proceeding. In order to safeguard their rights, the owner or claimant should realize that the police are not merely temporarily holding the property - to the contrary, in most instances they are taking steps to permanently obtain ownership of the property. An asset forfeiture case may, or may not be, associated with a criminal charge. If an owner or claimant prevails, they may be entitled to an award of interest or attorney’s fees in certain circumstances. Bond Reduction: A person in custody with no bond or a high bond will want to apply to the court in writing by filing a detailed “Motion to Set Reasonable Bond.” In some instances, a “Motion for Release on Recognizance” -- no money bond required) will be filed. Bond motions are often filed in conjunction with Violation of Probation cases. Constitutional Law: An individual’s rights under the federal and state constitutions play a large roll in the defense of criminal accusations. A law enforcement officer must be careful not to violate a suspect’s constitutional rights. If these rights are, in fact, violated, the corresponding evidence is usually “thrown out of court” or “suppressed.” This will often cripple or completely eliminate the government’s ability to prove the case against the accused. The United States Supreme Court has established this exclusionary rule in an effort to oblige law officers not to violate an accused constitutional rights. An accused may also seek money damages in civil court against the police for a violation of rights. Felonies: Felony accusations are heard in the Circuit Court and, unlike misdemeanors,
are punishable by state prison time. There are dozens upon dozens of felony
offenses on the books in Florida. A person charged with a felony runs the risk
of becoming a “convicted felon” but there are often several alternatives
available such as an intervention program or a “withhold of adjudication.”
For all felony cases a sentencing guidelines score sheet is evaluated. All
offenses are assigned a level of severity and the accused is scored accordingly
with factors such as prior record and victim injury considered. There are too
many Felonies to offer a comprehensive list but here are the most common: Misdemeanors: Misdemeanor offenses are heard in county court and are punishable by up to 60 days in jail for a second-degree misdemeanor or up to one year in the county jail for a first degree misdemeanor. A person accused of a misdemeanor runs the risk of a permanent criminal record. There are many dozens of misdemeanor offenses, but the most common are: Battery, Possession of Marijuana, Resisting an Officer without Violence, Petit Theft, Disorderly Conduct, Criminal Mischief, Trespassing, Prostitution. The defense of misdemeanors involves an array of possible procedural and substantive defenses. Pre-Arrest / Pre-Indictment On some occasions law enforcement will conduct an extensive investigation before making an arrest. This situation often arises in white-collar or theft cases as well as accident with injury cases. In these instances an individual may learn that they are being targeted as a suspect, and are not sure which way to turn. An attorney is often employed in order to deal with police and prosecutors; safeguard the client’s rights; prevent the client from incriminating themselves; resolve the issues outside of criminal court. Records Sealed / Expunged Most often a person will want to remove their booking photograph and personal information from the sheriff's offices web site. Many people incorrectly assume that as soon as their case is over their information will no longer be a public record. To the contrary, many steps must be taken in order to seal or expunge a person’s records -- even if a case is dismissed or not prosecuted. First, a person must determine if they are eligible under Arizona laws. Next, an affidavit, application, petition/motion and notice must be drafted and filed with the appropriate entity. Submissions to Arizona Department of Law Enforcement , State Attorney’s Office , Clerk of Court as well as the appropriate Court Judicial Assistant are required. Even if a person has been certified as eligible, the judge has the power to deny the application. For this reason, a lawyer is usually hired to prepare the necessary court documents, to deal with the prosecuting attorney and to argue the merits of the petition if necessary. Violation of Probation: When a person is placed on probation or house arrest and is subsequently accused of violating the terms of probation by his probation officer he is entitled to challenge the alleged violation in a court hearing. Once a violation occurs the judge may be more inclined to impose a sentence of incarceration. On felonies, a “no bond” violation warrant is usually issued. If a probationer is arrested on such a warrant, it can be weeks before he/she is brought before the original judge for initial hearing. There can be several things procedures which can be implemented in order to shorten and ease this process. White Collar Crimes This term denotes charges which are non-violent in nature and are often are
referred to as “Business Crimes” or crimes which are economic in nature.
Examples include: |
|
Copyright © 2006 LAW OFFICE OF WILLIAM M. LABUDA |
