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Legal Advice

Alexandria Cazares-Perez > Legal Advice (Page 3)

Can I Face Criminal Charges for Writing a Bad Check?

When a person writes a check and presents it to a bank or merchant, and does so knowing that their bank account cannot cover it, they are committing a crime called check fraud. Passing a bad check can be defended in court by claiming "you did not know" if the state cannot prove intent. This is because passing a bad check is sometimes unintentional, and rather, a result of poor or irresponsible banking practice. On the other hand, there are countless cases of intentional check fraud, ranging from petty to white collar. What happens...

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Key Factors That Make a Successful Criminal Defense Lawyer

Many people believe that a good criminal lawyer is one who is aggressive and, perhaps, even pushy with the prosecutor or the judge. This belief may even include the idea that a successful criminal lawyer uses theatrics and deception to win in court. This cannot be further from the truth. No doubt, this perception is influenced, at least partly, by the many prime-time American television programs featuring tricky lawyers pulling the wool over the eyes of judges and juries, or aggressively pressuring the prosecutor to "cut a deal". However, in real life practice...

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Criminal Law: A Critical Evaluation of Murder

Introduction Murder is not provided for in any statute in England or Wales, with its definition emanating from case law. The definition of murder can be broken down into two elements, mens rea and actus reus . This brief article will focus on these two elements of murder. Firstly, a brief insight into the two concepts will be needed. This will equip the reader with the relevant understanding for the more critical part of this article, that being the evolution of these two concepts. Lastly, this article will focus on the...

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Wyoming, Michigan Criminal Defense

In Wyoming, Michigan, there are two district court judges. Pablo Cortes was appointed as a district court judge in November, 2005. His current term expires in December, 2014. Judge Cortes got a undergraduate degree from the University of Michigan and graduated from Wayne State University Law School. He is also an adjunct professor at Thomas M. Cooley Law School. The other district court judge is Steven Timmers. He was elected district judge in November 2001 and his current term expires in December, 2016. Judge Timmers got his undergraduate degree from West Michigan university. ...

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Rehabilitation in Criminal Law

In short and plain terms, rehabilitation basically means the path to restore a criminal to a useful existence in society. This path is often paved with hundreds of hours of therapy, pertinent education and more. To truly restore a perpetrator to good condition so he or she can operate efficiently in the real world again requires time and a lot of analysis. The right decisions need to be made from the start with regards to the proposed rehab plan. The main assumption made by the advocates of rehabilitation is that a person is...

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The Difference Between Federal Law and State Law

When you or someone you love is facing criminal charges, it is wise to start doing your research in order to better understand the law and what you might expect during the judicial process. The most fundamental place to start is to learn the difference between state and federal law. One area of law involves misdemeanor convictions, while the other deals with felonies. Continue reading to learn what you need to know about state and federal law, including what they are, when they were created, who created them, their constitutional power, and much more.State LawState law refers to the laws...

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Which States Allow Criminal Record Expungement?

With so many laws being passed and repealed every day, it's hard to keep up. And although most people are unaware of new laws being passed in their state, there is one new law that many cannot afford to ignore. Criminal expungement is now legal in several states within the country. This new law allows past criminals to seal or restrict their past arrests and convictions from public view. There are endless benefits to this law, but not all states have approved it yet. Continue reading to learn more about criminal record expungement and which states have approved the law.Expunging...

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Reforms to NC Criminal Law

For the first time in about 100 years, the Republicans control the state legislature in Raleigh. Usually Republicans are regarded as "tougher" on crime than Democrats, and so it somewhat surprising that over the past 100 years North Carolina has developed a criminal justice system that is largely - though not entirely - difficult for criminal defendants.Now that the Republicans are in control, some people had worried that the climate toward criminal defendants would be even more hostile. But some signs of reform are emerging from the General Assembly.First, in 1994, North Carolina adopted structured sentencing which eliminated parole. Structured...

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Differences Between Civil and Criminal Law

Civil laws are the sets of laws and justice that affect the legal status of individuals. Civil law, therefore, is commonly referred to in comparison to criminal law, which is that body of law involving the state against individuals (including corporate organizations) where the state relies on the power given it by statutory law. Statutory laws are laws agreed upon and incorporated by the US Legislature. Where there are legal alternatives for sources of action by individuals within any of these sections of law, this falls in the civil realm.Civil law courts provide opportunities for resolving disputes involving torts. Torts...

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About Criminal Laws- The Penal Laws

Criminal laws are also called penal laws. Criminal law is the body of statutory and common law dealing with crime and the legal punishment of legal offenses based on the four theories of criminal justice system, namely, punishment, deterrence, incapacitation and rehabilitation. All this imposition of sanctions about the crime is to achieve justice and a peaceable social order.The objective of criminal law is to exert social control. It aims at discouraging behavior that is detrimental to the well being of the society as well as behavior that challenge the government's authority and legitimacy.The criminal laws and punishments are so...

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