Federal criminal defense attorney

Remember Criminal Records are Public Records
By Jeffrey Meier

The data of various criminals compiled and maintained by the enforcement agencies are called Criminal records. It is basically a compilation of a person’s identification, arrest, conviction, incarceration, legal status, sex offender registration, warrant information, and other relevant criminal history. The main purpose of having such records is to provide a complete criminal history of a person whenever needed. It also helps in short listing suspected criminals in any case and for enhanced sentencing in criminal prosecutions.

Criminal records in USA are matter of public record and so they can be accessed by anybody who is willing to do so. The only catch is that when offender has committed any crime for first time and his/her offence is a small one, it can be sealed by the judge. In this case, only selected government agencies can access the record. In this case, the person convicted can legally say no if asked whether he/she has been convicted ever. Such questions are asked routinely during employment etc

Usually, if an employer or any other member of public wishes to find the criminal record of any citizen, the only way is to go to every county and look up the records. Although, there are many online agencies that claim to check the records all over the country, this is not a reliable method. The reason is that while accessing the record, the Social Security Number or date of birth may not be revealed, making the entire search process, prone to errors.

Many courts in USA have started to put the crime databases online, thereby making the search easier now. There are some free sites also which provide the criminal records online. Criminal records some times provide amusing information also like records of Oscar Wilde, Sir Thomas Moore etc. These famous people were convicted for some crimes, some times justly, sometimes unjustly the records anyways amuse people still today.

In USA, FBI maintains the databases of crimes in the country. This is called the National Crime Information Center, or NCIC. It keeps records of all crimes committed like stealing cars, firearms etc. FBI complies all the information for a persons Rap Sheet and is called the Triple I, short form for Interstate Identification Index.

Employers are increasing becoming aware of the need to find out about their employee’s crime sheet. A simple criminal record check is done for most employees now. Organizations look into their hiring process and see if due diligence was carried out while hiring employees and whether the language of their application form is too narrow, too broader or ambiguous.
Currently, in USA, criminal records are being maintained in the form of DNA profiles of criminals, both identified as well as unidentified ones, from all 50 states, in the Combined DNA Index System.

Criminal Records are helpful to prospective employers and law enforcement agencies for the safety. They allow them to be aware of repeat offenders and punish those who may have gone undetected for long in spite of having committed crimes.

Jeffrey Meier of Jam727 Enterprises at http://www.Jam727.com offers information articles such as Criminal Records at http://www.jam727.com/CriminalRecords/criminalrecords/index.html

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Federal Criminal Records
By Jennifer Bailey

There are criminal records available at the federal level that are not available at county and state levels. These records include crimes relating to drugs, immigration, fraud, and weapons charges. We can access these records within 24 hours. The federal court system is an entirely separate court system from the state court system, but there is a great deal of overlapping between these two court systems.

In the USA, there is a good source of all these federal criminal compiled records at the national level called the NCIC (National Crime Information Center) whose reports are prepared by the FBI or legitimate law enforcement officials. The NCIC is the computerized index of criminal justice information that is available to all criminal justice agencies. The purpose of the NCIC system is to provide a computerized database for ready access by criminal justice agencies for making an inquiry about an individual and for prompt disclosure of information in the system from other criminal justice agencies about crimes and criminals. The NCIC is operational 24 hours a day and 365 days a year. The data contained in NCIC system is provided by all the federal, state, local, and foreign criminal justice agencies and other authorized courts. The public records provider has no accessibility of the records provided by NCIC.

Usually, private citizens and firms may not have any access to federal criminal records. Most US District Courts provide access to criminal records via online federal court docket system, but the information included is limited. The online docket system does not contain identification information of defendants. Therefore additional online search is needed for having the full spectrum of the record.

Before appointing new employees, every firm conducts a criminal check about them either through online or offline sources. Most companies are concerned about the records maintained by state level courts. However depending upon the position involved, employers may also want to have a federal criminal check on the potential candidates. For this purpose firms will mostly depend on the Internet for a comprehensive criminal check.

Criminal Records provides detailed information about criminal records, criminal records online, and more. Criminal Records is affiliated with Bail Bond Agents.

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Disclosure in Criminal Proceedings
By Ian Mann

1 “Disclosure is one of the most important - as well as one of the most abused - of the procedures relating to criminal trials. There needs to be a sea-change in the approach of both judges and the parties to all aspects of the handling of the material which the prosecution do not intend to use in support of their case. For too long, a wide range of serious misunderstandings has existed . . .”

Disclosure: A protocol for the control and management of unused material in the Crown Court (20 February 2006 - Mr Justice Fulford and Mr Justice Oppenshaw et al).

2 The legal sources relating to disclosure can be neatly found in a variety of scattered sources:

i) the Criminal Procedure and Investigations Act 1996 as amended (the Act)
ii) the Code of Practice, issued under section 23 of the Act (the Code)
iii) Parts 25-28 of the Criminal Procedure Rules 2005 (the Rules)
iv) the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997 issued under section 12 of the Act (the Regulations)
v) In addition, the Attorney General has issued Guidelines on Disclosure, which build on the existing law.

3 The correct test for disclosure will depend upon the date the relevant criminal investigation commenced:

i) In relation to offences in respect of which the criminal investigation began prior to 1 April 1997, the common law will apply, and the test for disclosure is that set out in R v Keane [1994] 1 W.L.R. 746 (1994) 99 Cr. App. R. 1.
ii) If the criminal investigation commenced on or after 1 April 1997, but before 4 April 2005, then the CPIA in its original form will apply, with separate tests for disclosure of unused prosecution material at the primary and secondary disclosure stages (the latter following service of a defence statement by the accused). The disclosure provisions of the Act are supported by the 1997 edition of the Code of Practice issued under section 23(1) of the CPIA (Statutory Instrument 1997 No. 1033). iii) Where the criminal investigation has commenced on or after 4 April 2005, the law is set out in the CPIA as amended by Part V of the Criminal Justice Act 2003. There is then a single test for disclosure of unused prosecution material and the April 2005 edition of the Code of Practice under section 23(1) of the CPIA will apply (see SI 2005 No. 985).
iv) The CPIA also identifies the stage(s) at which the prosecution is required to disclose material, and the formalities relating to defence statements. The default time limit for prosecution disclosure is set out in section 13 of the Act. The time limits applicable to defence disclosure are set out in the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Regulations) 1997 (S.I. 1997 No. 684).
v) Regard must be had to the Attorney General s Guidelines on Disclosure (April 2005). Although these do not have the force of law (R v Winston Brown [1995] 1 Cr. App. R. 191 [1994] 1 WLR 1599) they should be given due weight.
vi) Part 25 of the Criminal Procedure Rules 2005 (see SI 2005 No. 384) sets out the procedures to be followed for applications to the court concerning both sensitive and non-sensitive unused material. Part 3 of the Rules is also relevant in respect of the court s general case management powers, and parties should also have regard to the Consolidated Criminal Practice Direction.
vii) Parts 22 and 23 of the Criminal Procedure Rules are set aside to make provision for other rules concerning disclosure by the prosecution and the defence, although at the date of this Protocol there are no rules under those Parts.

The Disclosure Protocol

4 The Disclosure Protocol is concerned with the management of issues relating to unused material in the Crown Court. Its main feature is a requirement for strict compliance with the disclosure provisions of the Criminal Procedure and Investigations Act 1996 (”the Act”), and the statutory Code of Practice laid under section 23 of the Act, where they apply to the proceedings.

The “overarching principle”

5 The overarching principle is therefore that unused prosecution material will fall to be disclosed if, and only if, it satisfies the test for disclosure applicable to the proceedings in question, subject to any overriding public interest considerations.

The test for disclosure

6 The House of Lords indicated in R v H and C [2004] 2 AC 134 paragraph 35 that:

“If material does not weaken the prosecution case or strengthen that of the defendant, there is no requirement to disclose it.”

7 The protocol, consistent with the need for strict compliance with the Act, requires an end to free-standing orders for disclosure by judges otherwise than those properly made in the context of hearings conducted under section 8 of the Act and r25.6 of the Criminal Procedure Rules, following service of a defence

Conclusions

8 Disclosure is an area of constantly shifting ground with the establishment attempting to limit not only its application, but also the time dedicated in court to determining issues falling under its ambit. A good understanding of the legal sources of disclosure responsibilities proves invaluable in this ever changing environment.

Ian Mann is a Public and Employment Law Barrister at 13 King’s Bench Walk, Temple
http://www.employment-barrister-uk.com and http://www.13kbw.co.uk

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Defending Yourself Against Criminal Time - Defense Attorneys
By Wade Robins

Attorneys are one of the more respected careers and the one that is hated the most. It may depend on which side of the court you are. Your attorney can be the link between having a clear reputation or one that is stained forever. A criminal defense attorney, is not excused from, this type of problem or situation.

A criminal defense attorney will stand up for those who have been accused of wrongdoing. The type of crimes differs in nature and the level they are committed. Someone who has been charged with a drug crime may have been involved in selling, buying, or simple possession of the illegal drugs. A defendant who has been charged with a crime of violence that caused injury or death of another person may have done this on purpose. Being violent to women and children, prejudice, or murder for any reason is involved in this type of crime. Other crimes a criminal defense attorney deals with are sexual abuse, sexual assault, lewd acts, and robbery. Each of these has sub categories and varying degrees of offenses under it and each with its own set of laws.

The criminal defense attorney may use all the tricks in showing the evidence, juggling with point after point, and giving oral pieces to change the minds of the jury and the audience sitting in on the trial. It does not matter if you accused because you are guilty or just falsely accused the attorney is there to do what is necessary to make you look innocent. If the accused is found to be guilty without any hope of change, the defense attorney is there to make sure you get the lesser amount of time for the crime. This is great for anyone who is facing death row because it is possible to bring it down to life in prison.

A criminal defense

attorney does not only give the client a face in court and defend them to a not guilty plea but they can act as a counselor also. The attorney will give the client their rights and the possible amount of money, physical, or emotional effects the case will have. Anyone convicted of a crime will have a criminal lawyer on their side to find a way to get them free from legal obligations to the level of not having anything on their record at all. This is dependent on the case and will be different with each state. The defense attorney can help you petition the court for appeals, retrials, and habeas procedures to a larger court. All of which, if not done correctly, can get you into more trouble, or out of the trouble you are in.

The National Association of Criminal Defense Lawyers (NACDL) is a group that is holding the responsibility of moving ahead with the important things that criminal attorneys need to be successful in America. Its dream is to provide a fair trial to any person blamed of committing a crime.

You can also find more info on Medical Malpractice Lawyer and Patent Lawyer. Findlawyershelp.com is a comprehensive resource to know about the best Lawyers and help in find an attorney.

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Criminal Record: A Lifetime Scar
By Robert Thatcher

“To err is human”. What a very easy quotation to say! A person who is continuously committing wrong doings against anybody is just human, so it can be chuckled. In the morals of a civilized world, consequences are bound by codes and decrees. Each individual has an imaginary private bubble that once intruded would mean trespassing. When a person violates a moral law of an individual or group, then he has done a CRIME. If only the offended one can smile and let it pass, but any mark of it always become history in archives of criminal records that are publicly available as reference. It could mean the destruction of lifetime opportunities and worst—future.

No matter how philosophical the word MORAL means, in all domains of nations, people are ruled by strictest sense of what is right or wrong. There is a common understanding and literal punishment for crimes, depending on severity, and that is being held under custody of the authorities in prisons—to be robbed off freedom and to cease the continuation of wrong doing. Although as generations pass by, so many faces of punishment has been practiced, currently, the due process undergone by criminals under the hands of the judges and prosecutors remain the fairest decision.

Any case could be terminated as long the plaintiff’s justice has been met, either by informal arbitration to the point of undergoing court hearing. Upon withdrawal of case, the crime offender could walk away like a freeman, with the exception of some emotional impact, that is if the case has been settled amicably. A serious offense, on the other hand, means worst jeopardy of a person’s reputation not only to his closest friends, loved ones, and to the database of agencies in compiled collections of criminal records.

Having the mark of criminal record is the something that holds a person from committing a crime out of awkward actions. The idea of being marooned away from the society with all optimistic goals taken away is enough to plague a normal life.

Usually, there is a controversy in the handling of criminal records that even innocent convicts have a hard time recovering and getting back their true “real lives” as untarnished one. With the existence of records in major government offices to help employers secure better workers, no individual will ever want a bad record that will be known of him. In the U.S., FBI (Federal Bureau of Investigation) with its National Crime Information Center (NCIS) has the widest access to this database of felony lists all over the state, including not so serious misdemeanors.

They also have the capacity to get fast background check of firearms owners and would be buyers. The Integrated Automated Fingerprint Identification System (IAFIS) has also aided the crime agency to track down lists of civil submissions with a record of 47 million references.

In England, sensitive job positions like working in institutions dealing with children and care giving of patients, health care, usually employers ask their workers for Disclosure Service. This gives access to institutions so that they can obtain the following needed information of their employees’ background and criminal records.

Basically, these are lists of conviction data and details from local police records and from other institutions, including non-conviction acts. Although obtaining this is within the consent of the employee, still it is mandatory in other workplace that by not complying would mean not getting the job.

Criminal records are nothing but archives, but in its whole intent, they are indelible marks of lifetime.

Robert Thatcher is a freelance publisher based in Cupertino, California. He publishes articles and reports in various ezines and provides criminal record resources on http://www.justcriminalrecords.info.

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Criminal Law and Its Administration in Pakistan
By Adil Waseem

In this research article, we shall study the administration and trial of the offence by Criminal court established under Cr.P.C 1898 and other laws in Pakistan and what are principals of administration of these criminal courts? We shall also study types of administrative agencies and how these investigating agencies provide assistance the courts in administration of criminal justice.

Principal of Administration
The section 5 criminal procedure Code (1898) has enunciated the administration and trial of offence falling penal provisions of PPC shall be investigated and enquired and other dealt according to the provisions of the criminal procedure Code but subject to any other enactment time being in force which prescribed special form of procedure for regulation, manner or place of trial investigation and trial of offences.

1. Territorial Jurisdiction
All criminal court and investigating agency established under Cr.P.C or special laws have their territorial jurisdiction for administration of criminal justice. Under subsection 1 of section 7 of Cr.P.C. each province shall consist of sessions divisions every session division shall for the purpose of this code, the section 7 Cr.P.C relates to territorial division. It provides that each province shall consist of session division, and every session division shall be for purpose of code is a district or consist of districts. It is the provincial which is empowered to alter the limits or number of each divisions and district. According to provisions, it is the provincial government to divide any districts or make any portion of any such district a subdivision and may alter the limitation of any such-division.

If in the opinion of a court taking cognizance of the offence, and the case appears to be one in which, according to the fourth column, a warrant to be issued in first instance, a causing to be brought or to bear at certain has no jurisdiction some other having the jurisdiction. It provide that each province shall be consist of session divisions and every session division shall for purpose of the code a district or consist of districts. It is the province government which is empowered to alter the limitation or number of such divisions and districts. According to section 8 it is for the provincial to divide any district into sub-divisions or make any portion of any such district a sub division, and may alter the limit of any sub division.

2. Subject Matter Jurisdiction
The jurisdiction of subject matter is often vested on that subject where special investigating agency or special court is constituted for administration of these offences. The criminal court and investigating agency exercise their jurisdiction on particular subject matter that jurisdiction is derived from special law enforceable in Pakistan.

Criminal Courts for Administration
There are two types of courts in Pakistan, first established under Cr.P.C and others are established by special enactment.

1. The court established under Code of Criminal Procedure
Chapter II of the code of criminal procedure 1898 deals with constitution and power of trial courts and offences committed in penal code and other laws. The section 6 has defined the criminal court for purpose of prosecution of the offences. The section has provided the three classes of the courts for the purpose of prosecution of the offences. These court act and prosecute the offence under their defied jurisdiction. The class of courts includes the court of magistrate, session and High Court for the purpose of administration of criminal justice. The power has been given the established to try offence under penal court and other offences which ahs not been defined in penal provision but in other provision of laws.

2. The court established under provision of special laws
There are types of court for the purpose prosecution not falling Pakistan penal Code 1860, and these courts are established the federal or provincial legislation establish these court for the purpose of the prosecution of special offence penalized under special laws time being in force.
There type of court act under special procedure described in special laws. The purpose of the administration and providing procedure for these prosecutions of these offences are that these offences are promulgated for special and often the code of Criminal procedure is inadequate to meet the requirement for these courts.

Types of Criminal Courts established under Cr.P.C
Under section of criminal procedure code, besides the high court and court session under any law other than this code for time being in force, there shall be two classes of the courts in Pakistan.

1. District Magistrate
Under section 10 of Cr.P.C of 1898, the provincial government shall appoint district magistrate and provincial government shall also appoint additional district magistrate to exercise jurisdiction in one or more districts, and such additional district magistrate shall have or any of the powers of district magistrate under this code or under any other law for time being in force, as the provincial government shall direct. The subsection 1 of section 12 of Cr.P.C of 1898 may appoint as many persons as it think fir to be may time to time define the local areas within which persons may exercise all or any of the powers within which they may respectively be invested under the code.

Under sub section 1 of section 14 of Cr.P.C. of 1898, The provincial government may on the recommendation of the high court, confer upon any person all or any of the powers conferred or conferrable by or under this code on a judicial magistrate in respect to particular cases or to a particular classes of cases or in regard to case generally in local areas. As defined in such magistrate shall be called special judicial magistrate and shall be appointed for such terms as the provincial government may, in consultation with high court, general or special order, direct.

2. Court of Session
Under section 9 of Cr.P.C of 1898, the provincial government shall establish a court of session for every session division and appoint a judge of such court and also one of more session division to exercise jurisdiction in one of more courts.

The provincial government is empowered to establish a court of session for every session division and also appoint judge of such court. The Subsection 3 of section 9 empowers the provincial government to make appointment of additional session judge and to exercise jurisdiction in one or make such courts.

The session judgment is deem to superior to additional session but as regard with power of both are same. Only limit to the power of the assistant session judge is that assistant session judge can pass the death sentence or imprisonment for more that seven years as cited in 1998 P.Cr.L.J. 572.

3. High Court
The high has been established under Articles of Constitution of Pakistan and also have been given power of trial and appeal under Cr.P.C 1898. In addition to these power confirmed under Cr.P.C, the High Court has been confirmed special powers under articles of Constitution of Pakistan 1973 for administration of Criminal justice.

Power of the criminal Courts for administrate
The jurisdiction of every statue to try offence is derived from the penal statute either that statute establishes court or penal provisions.

1. Offence falling under penal code
Under section 28 of Cr.P.C of 1898, all offence provided in penal statutes shall be tried by magistrate, session and high courts and other court which has mentioned in eighth column of the second schedule to be triable. Magistrate is not barred from sending the case to session for trial even if he has commenced trial by recording evidence. Legislature has contemplated that magistrate should not only send cases for trial which are exclusively triable by court of session or high Court but also cases which in opinion of magistrate should or ought to be tried by such court.

It is essential that that offence should be shown to be triable by court concerned. Offence not shown in schedule to be triable by magistrate, triable by magistrate is without jurisdiction, 1972 P.Cr.L.J 233. If the offence is triable by magistrate, the session judge can transfer the case from court of magistrate to itself merely because of want of jurisdiction as decided in PLD 1966 SC 589.

2. Offences falling in other laws
Under subjection 1 of section 29 of Cr.P.C of 1898, subject to any other law for time being in enforce, when any court which is mentioned above in this behalf in such law be tried by such court. Under subjection 2 of section 29 of Cr.P.C of 1898, when no offence shall not to be tried by any court, it shall to be tried by High Court.

A magistrate appointed under the code does not cease to be such a magistrate merely because he has been given certain special or additional power under special statute. Therefore, an appeal under section 408 of the code is available to a person convicted or trial by first class magistrate appointed under the code of code of criminal procedure unless the special statute which has created the offence has made express provision barring the appeal as cited in PLD 1970 Decca 260.

Administrative power of Punishment
Here is brief description of powers have vested on various for passing sentence orders.

1. Sentence which are to be passed session and High Court
Under subsection 1 of section 31 of Cr.P.C 1898, a high court may pass any sentence authorized by law. Under subsection 2, session Judge or additional session judge may pass any sentence authorized by law but any sentence of death passed by any such judge shall be subject to confirmation by high Court. Under subsection 3 of section 31 of Cr.P.C. of 1898, Assistance session is not authorized to pass the death sentence or imprisonment for term exceeding seven years.

2. Sentence which magistrate may pass
Under subsection 1 of section 32, the court of magistrate may pass the following sentences namely, the Court of Magistrate of first can pass the imprisonment of description of term not exceeding three such solitary confinements as they are authorized by law and fine not exceeding fifteen thousands rupees and Arsh whipping, the Court magistrate of second may pass order of imprisonment for a term not exceeding one year including such solitary confinement as is authorized by law and Fine not exceeding five thousand. The court of Magistrate of third class for may pass order of imprisonment for term not exceeding one month and fine not exceeding thousand rupees. The code of criminal procedure having first enumerating the courts by which different offence could be tried has proceeded to define the limits of sentence which the various courts can pass. The limits provided in these sections show the maximum sentence which a court can pass, they have nothing to do with maximum penalty provided for a offence.

Administrative Agencies

1. The establishment of administrative agencies under Code of Criminal Procedure 1898

There are two types of Agencies are working in Pakistan for administration and of criminal justice, first is local police which has its enactment which led to established for prosecution. The Prosecution of this offence has established whose function and administrative procedure has been defined in Code of Criminal Procedure 1898.

2. The establishment of investigating agencies under other laws
The other types of investigating and administrative agencies are established under special law for prosecution of offences falling provisions of special laws for times being in force.
These agencies having their procedure being defined in special enactment, like the Federal Investigating agency has its own investigating and administrative agency for the purpose of prosecution of the offence. FIA have own administrative power and jurisdiction over the defined subjects.

The administrative power of investigating agency established under Cr.P.C 1898
The police have been established under the Cr.P.C provisions for the purposes investigation of the crimes, and various administrative functions are performed by police for end of criminal administration.

1. Prevention
The section 150 of Cr.P.C 1898 has made it compulsory on part of police to prevent the commission or omission of offence with best of his abilities. The prevention of the offences shall to be prevented when the communication of the offence has made to the police, they are immediately obliged to communicate it has police officer for the purpose of adopting prevention measures for it. The police shall adopt methods of the prevention the crime by arresting that person where no other method is available for the same purpose.

2. Investigation
The section 156 of Cr.P.C. is related with investigating procedure of police when any information is made relating to the commission of the cognizable or non-cognizable offence is orally or in writing the officer in charge of a police shall put down into the record book for future narrating gist of the information which has made to him. The police officer in whose jurisdiction the commission of cognizable offence has taken place will inquire and investigate the offence, but however the subsection 1 and 2 section 155 of Cr.P.C. has made proviso that In the case of non-cognizable offence, he has to communicate to Magistrate for seeking permission for further investigations. The section 157 of Cr.P.C relates with the procedure where commission of cognizable offence are suspected, the police officer is obliged to conduct local investigation into fact and circumstances offences on the spot.

3. Search
The police can exercise their power of search under the section 165 of Cr.P.C. 1898, where the reasonable grounds are available which cause the police to investigate any matter which is falling in the jurisdiction, they can make search purpose of making investigation but the limit to make investigation has been put under Bankers Book Evidence Act 1891.

4. Arrest
Under the section 46 of Cr.P.C. 1898, the police making arrest of person are made for purpose preventing that person from committing offence or putting that person in custody of police for the alleged committing of offences. The section 47 of Cr.P.C. says that where the arrest is essential for the purpose of the making arrest of that person, they can make search of the premises where the person supposed have take abode or hiding himself.

5. Framing of charges
The section 221 of Cr.P.C 1898 is related with the framing of the charges, police frames the charges of the offence which the accused has committed these describe the particulars of the offence which has been committed. There are many other formalities of the law which is required to be fulfilled in as defined Cr.P.C provisions.

6. Recording of statement and evidence
The police officer making an investigation under this chapter may, by order in writing , requires the attendance before such as the provisional government may prescribe in order, such officer may examine the orally any such person supposed to be acquainted with fact of the case. Under The section 161 of Cr.P.C 1898, the person accused or acquainted with fact is bound to give all answer of all questions which are asked by the police. The police officer may reduce into writing such statement which has made by witness in course of examination by police officer.

Summary
We have studied the administration and trial of the offence by Criminal court established under Cr.P.C 1898 and other laws in Pakistan and the basic principal of administration is territorial and subject matter division of jurisdiction of various criminal courts and investigating agencies. There are two types of court first established under Cr.P.C other are constituted under other laws. There are also two major investigating agencies are in Pakistan for purpose administration of criminal justice. The procedure of investigation is Police is made according to Cr.P.C provisions and FIA administrate crime according to FIA Act.

The writer is an advocate of High Court and practicing immigration and corporate laws in Pakistan since September 2001. Author can be contacted by Adil Law Company (Advocates and Immigration lawyers) Office No.3 2nd Flr Hafeez Chambers 85 The Mall Rd Lahore Pakistan Telephone: +9242-6306195 +9242- 6360108 Fax: + 9242 6360108 Cell: +92300 4254910 E-mail: adil.waseem@lawyer.com

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Arraignment in New York Criminal Courts
By Susan Chana Lask

The “arraignment” process involves:

• Being brought before a Judge in the courtroom

• Receiving the ” criminal complaint” with the crimes charged and the factual basis to each charge

• The District Attorney requesting bail or releasing you on your own recognizance (called “ROR”)

• Pleading guilty or not guilty

The process starts when the court officer brings you from the cell in the back of the courtroom and into the courtroom before the Judge.

If you were unable to contact your family, friends or an attorney when you were arrested then most likely the court will have a Legal Aid attorney appear for you. Legal Aid attorneys are in the courtroom at all times to defend the poor, and most times to appear for the unrepresented.

Usually there will be about three attorneys from the District Attorney’s office in the courtroom. One of them will read the charges against you and request the court to impose bail at a certain amount or no bail. If no bail is demanded by the District Attorney then you will hear the word “ROR”, which means “return on your own recognizance”.

Bail is determined according to the crime and your personal information. At arraignment the District Attorney will have your personal information obtained from their computer searches on you. They call this your ” rap sheet”. It will include information about you, such as:

• Any Prior convictions

• Any arrests at anytime

• Any pleas to prior arrests

• Parole

• Probation

If your rap sheet is clear of any crimes and this is your first arrest, chances are good that there will be no bail set against you. But even if your rap sheet is clear, if the crime you’re charged with is serious (such as involving a large amount of stolen money or violence), bail can be set against you. There are different factors affecting the setting of bail against you, and all are considered by the judge in a matter of minutes.

If the District Attorney requests bail, your attorney should argue that:

• You’re not a flight risk

• You have family, friends and a job in the state or locally

• The charges against you are improper in some way.

Your attorney may even get the whole case dismissed if the District Attorney’s criminal complaint against you is not properly drafted or signed by a proper party.

Getting The Complaint Dismissed At Arraignment

The District Attorney drafts the criminal complaint against you from information received from the arresting officer and the victim of the crime. While you’re being processed through the Precinct and Central Booking, the arresting officer will fax his paperwork and information regarding your arrest and charges to the District Attorney’s office. Someone in the District Attorney’s office will then call the victim and get more information so they can properly draft the complaint.

The complaint needs to be signed under oath by the arresting officer or the victim. If it is not signed by anyone when you appear at your arraignment then it is not “corroborated” and must be dismissed. So check out who signed the complaint: if it was a person other than the arresting officer or the victim then the complaint should be dismissed.

Lastly, if the facts of the complaint do not establish each legal element of the crime charged, or the complaint is poorly drafted then it should be dismissed however, the court usually will give the District Attorney a few weeks to file a properly drafted complaint.

Law Offices of Susan Chana Lask

853 Broadway, Suite 1516

New York, NY 10003

(212) 358-5762

©2004 Susan Chana Lask All Rights Reserved

About The Author

Susan Chana Lask is a New York attorney with law offices in New York City. She has over 20 years experience and practices in State, Federal and Appellate Courts nationwide, handling civil, criminal and commercial litigation and appeals. She represents high profile cases and appears on all major television, print and radio news media, earning the title “High-Powered” New York attorney. She can be reached at www.appellate-brief.com.

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Fort Worth Criminal Attorneys
By Jimmy Sturo

Criminal laws cover a number of offenses, including how a person who is charged with criminal offense is to be charged, tried and punished. The charges could vary from possession of narcotics, assault, homicide, burglary, or rape, to mention only a few. Fort Worth has a host of choices when it comes to hiring the services of attorneys handling criminal cases.

It is always better to hire the services of criminal attorney or a legal firm that has been certified in criminal law by The Texas Board of Legal Specialization. Such certifications speak volumes about the standing of the attorney or the legal firm you are investigating. It is also prudent to consult any of your friends who may have hired the services of criminal attorneys previously. The best thing perhaps is to get a referral from the criminal attorney you are going to hire. The referral may be able to give you a fair idea about the capabilities of an attorney.

Criminal cases are sometimes complex and long driven cases which sometimes make you undergo tremendous mental trauma and stress. It is therefore important to hire the services of a criminal attorney who understands your situation, and also makes you understand the legalities involved in the case in simple layperson terms. This is the problem with most of the attorneys. Most of them don’t bother about explaining to you the complex laws, which everyone may not be in a position to understand. If you already had knowledge of these laws, why there would be no need to hire the services of an attorney.

One can get a vast amount of information on the kind of charges criminal attorneys handle, their charges and their location from the web sites of leading criminal attorneys and legal firms. Although you may not require such extensive information, it is better to be armed with some knowledge about the legal procedures, before you sit for a discussion with a lawyer. As far as Fort Worth Criminal Attorneys are concerned, you can find them through telephone directories, your contacts, or on the Internet.

Fort Worth Attorneys provides detailed information on Fort Worth Attorneys, Fort Worth Bankruptcy Attorneys, Fort Worth Criminal Attorneys, Fort Worth Divorce Attorneys and more. Fort Worth Attorneys is affiliated with Las Vegas Real Estate Lawyers.

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What Does A Criminal Attorney Do?
By John Williams

A criminal attorney basically represents someone accused of a crime in court. Let me give you a little background before explaining what it is exactly that a criminal attorney does. Sometimes the law allows a person to use physical force against another, whether it is in self-defense or the protection of another, or even to protect one’s property, these are all acceptable uses of self-defense. You and your criminal defense attorney are going to have to show at least four instances of why you had to defend yourself in such an extreme way. Your attorney will have to show the judge or jury that (1) your confrontation was unprovoked by you, (2) that you were in immediate danger of bodily harm, (3) that your use of force was necessary in preventing that harm, and (4) that the amount of force you used was reasonable.

If you were in a position where you had to defend yourself against an attack from someone you think meant you bodily harm, it is up to your criminal attorney to prove that you had a reasonable belief the actions you used to defend yourself were necessary and just to prevent either your own death, the death of another, or serious bodily harm. The force used against you must be unlawful or improper, and directed toward you without your consent.

Battered Wife Syndrome is a good example of self-defense. This defense is when a women has been subjected to physical and mental abuse continually by their husbands or significant others. Courts may find this case somewhat confusing because in most cases, women who kill their husbands also planned to kill them. If this is your situation, then your criminal attorney will have to prove to a jury or judge that under circumstances such as these, you had two choices–You can wait until your husband finally kills you or, kill your husband before he gets the opportunity to kill you. In this case, it will be up to the state prosecutor to prove beyond a reasonable doubt that killing your husband was not the only way out. For example: Why didn’t you just leave your husband and go stay with a friend or relative and file for divorce? Or, you could have gotten a court order to restrict your husband from approaching you within so many feet. If Battered Wife Syndrome is your defense, then your criminal attorney will prepare you for this type of questioning.

What does a criminal attorney do? The answer to that is, a lot. They will fight for your defense because he or she believes in your innocence and constitutional rights, no matter what you have done. If you were charged with a serious crime in the past, but today you are sleeping in your own soft bed and not a concrete slab, you have your criminal defense attorney to thank.

John Williams writes about criminal defense issues at http://www.criminalattorneysweb.com This article should not be taken as official legal advice.

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Erasing Your Criminal Record or Running Off The Skeleton s In Your Closet
By Daniel Hall

Have you been a perfect angel your whole life? (I can see you adjusting your halo.) The fact of the matter is that many of us may have suffered from a momentary lapse in good judgment that resulted in an arrest. Pinched!

Unfortunately, while criminal charges may have went nowhere, the arrest record may still trip you up.

What do I mean?

Have you ever had to answer a question on a job or license application like: “Have you ever been arrested?”

See? This can get sticky. You don’t want to lie but you would really rather not answer the question either.

Alas, there is hope.

There is a little-known and little-used procedure in most jurisdictions in the United States that allows in appropriate circumstances for a total erasure of an arrest record. Additionally, even if you can’t qualify for a total erasure of your background there may be legal ways available to you to hide your background so that at least it will not be easily discoverable by an over-zealous potential employer.

As a licensed attorney, I have used similar legal remedies to assist clients with erasing or hiding minor criminal records. What has been amazing to me is the difference it has made in their lives. For example, I have seen military careers blossom, professional licenses granted and overseas employment gained all because I was able to help tidy up minor criminal blemishes in the lives of otherwise upstanding and law-abiding citizens.

What I am saying is - there may be a way for you to chase off the skeletons in your closet that have long haunted you. The law in many U.S. jurisdictions recognizes the need to grant clean slates and second chances. I don’t know whether you qualify. I don’t know your circumstances. All I am trying to say is “open your mind to the possibility.” Pursue it with an attorney. You never know what good might come.

It is because of the good results I’ve seen and the apparent lack of wide-spread knowledge in the public at large that I decided to write my book, “The Ultimate Guide to Second Chances: Legal Ways to Erase or Hide Your Criminal Background.” Maybe you should check it out.

Texas attorney Daniel Hall is the author of the upcoming book “The Ultimate Guide to Second Chances: Legal Ways to Erase or Hide Your Criminal Background” He learned that the remedies discussed in the book existed when he discovered some of his clients had minor criminal blemishes which were holding them back. The book is designed to help those people with petty criminal records which according to tracking statistics is fully 25% of the American populace. Find out more about how the book might help you by visiting: http://www.UltimateSecondChance.com/

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