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Don’t let the police take advantage of you

These days, it’s impossible to know whether you can trust the cops. While this point often descends into a political and racial issue, the truth is, no one can be positive their rights will be protected. This does not mean all cops are bad, or even most cops. It means mistakes can be made (and yes, sometimes, bad choices as well) by those who may have the power to decide the entire course of your life. So, you need to be aware of what the cops have the right to do, and what they don’t.

For instance, there is such a thing as “illegally obtained evidence.” This is evidence that the police intend to use against you which they have no legal right to use. People have a constitutional right against illegal search and seizure, that means, the police can’t just walk into your house and start searching for something if they don’t have a warrant or probable cause. While police will often try to stretch this second point, you should always contest it.

For instance, let’s say you have some drugs in your home. The police have no right to come in and look for those drugs, even if they suspect you have them. If they have no evidence, and they are unable to convince a judge to give them a warrant, no amount of suspicion gives them the right to enter your home and try to prove their hunch correct.

If the police do this, remember, you have a right to force them to dismiss this evidence against you. Remember the words “illegally obtained evidence.” They can make all the difference between a night in prison and several years.

When it comes to probable cause as well, remember that this does not include hunches. Again, if you have drugs in your home, and no one has called the police, and no one has seen anything, they have no right to enter without a warrant. Many times, cops will try to embellish the truth by saying something along the lines of: they saw you enter your home with a bag that looked like it said “this is drugs” on it. Police get away with these sorts of things all the time because people don’t know they have the right to push back on this point. Don’t let the police lie and trap you.

If you have been put in this position, remember, you have the right to a lawyer, and you should use that right. Lawyers are specialists in dealing with the tricks police play on civilians. If you have a good lawyer or even just a competent one, you have a good chance of forcing the police to play by the right rules.

Remember, this doesn’t mean all police are bad. Knowing your rights makes sure the police know to keep strictly to the laws that are set down for this country. Being tough with the police when you are suspected of a crime is not a sign you disrespect the police, it’s a sign you are taking care of your rights.

How Sexual Battery can become a Class B or a Capital Felony

August of 2016 will never be a good time to reminisce for a 29-year old music instructor from Johnson County in Kansas who has been sentenced to life in prison after pleading guilty to one count of aggravated indecent liberties; his victim was a 7-year-old girl. Prior to this, the convicted felon had also been charged in the past with sexual abuse, sexual exploitation of a minor, first-degree child molestation, first-degree statutory sodomy, and possession of child pornography.

Under both federal and state laws, crimes that cause innocent victims severe harm are considered serious offenses and are, thus, exacted with heavy punishments, like incredibly costly fines and years of imprisonment; some offenders are even sentenced to life in prison.

Serious crimes include treason, which is betrayal of one’s country and the most serious crime in the U.S., murder, which is the unlawful planned killing of another person, and sex crimes, such as rape, predatory sexual assault and, in a number of states, sexual battery.

Sexual battery, in particular, is any form of unwanted or non-consensual touching or sexual contact; it does not involve sexual intercourse or penetration as in the case of rape. In some states, sexual battery is referred to as criminal sexual contact and it can be committed in many different ways, like grabbing or fondling a woman’s breast, patting a person’s buttocks, forcing a kiss on the mouth, forcing the victim to touch the offender’s intimate body part, or touching the victim’s genital area; these acts are committed by an offender for the purpose of arousing or sexually gratifying himself/herself.

The most common victims of sexual battery are a relative, a classmate, a neighbor, an acquaintance, a co-worker, a friend, a dating partner, or even a spouse. A Nashville criminal defense lawyer of Horst Law explains how sexual battery can be elevated to an aggravated form, specifically, to Class B felony, saying that this can be so if the offender committed the offense while using a weapon as a means of force or coercion, causing bodily harm, engaging in the offense with the help of another person, or if the victim is less than 13 years old.

In some states, sexual battery is considered a capital felony if the offender is at least 17 years old and the victim, below the age of 12, and if the act causes injuries to the victim’s sexual organ. Capital felony can be punished with life imprisonment or death.

Many victims of sexual battery and other sexual crimes, especially victims who are children, do not immediately report the crime committed against them. This may be due to threats made by the offender, fear of negative reaction from parents or anyone else, or for some reasons. Now, while the U.S. justice system is clearly bent on catching and punishing sex offenders, it may sometimes be lacking the initiative or the desire to look into the possibility that the accused is actually innocent. This does not to discredit the system of justice, but to point out that, in certain cases, especially where the victim is a child, an automatic bias is usually developed against the suspect.

A charge as serious as a sex crime, more so a conviction, can and will destroy everything that an accused holds dear and important. Hoping to clear one’s name will require only the best defense from a determined criminal defense lawyer

There are a number of law firms that offer substantial information regarding the right of an accused to a fair trial and the kind of defense that he/she will definitely need during the litigation. It is important that the accused find the lawyer who will be able to provide him/her with a defense that will work best for his/her case. All criminal lawyers are fully trained to understand the criminal law; however, not all eventually end up as capable of providing good legal representation and a good, strong defense that may save or lower the sentence of an accused.

Legal Counsel: A Valuable Resource to Internet Criminals

Internet Crimes

The innovation of the internet ushered in an era of fluid commerce and communication. The commercial and social benefits of the internet are countless. Online organization allows companies to practice simplified forms of recordkeeping in addition to being paperless, and thus, more environmentally conscious. However, despite the notable advantages it provides, the internet has also enabled a landscape of cybercrime to thrive. Internet crime takes many forms including, embezzlement, identity theft, child pornography, crimes against children, and hacking crimes.

Professional crimes like embezzlement are the most commonly committed internet crimes. Credit card fraud and identity theft use the internet as the primary tool to transfer funding. People will often try to obscure their crime by changing or disposing of online documents that are easily overlooked. A person charged with embezzlement may face serious penalties. This type of charge could effect a person’s life if it becomes public on an individual’s criminal record.

Internet crime is intuitive and easily covered up, which is why legal accountability is so harsh against people who commit these crimes.  Internet crimes against children are among the most serious offenses classified as internet crime. People who have any part in creating, producing, or distributing, graphic depictions of children usually face the most jail time without flexible options for probation. Likewise, people who attempt to access and hack into government databases often face serious legal consequences under felony accusations of treason and tampering with government records.

As the internet expands and changes, the law must match its fast-paced evolution. People accused of internet crimes should hire an experienced criminal defense lawyer to best represent them amidst confusing and constantly-shifting legal technicalities. Their work requires them to keep up with developments in the field of criminal laws. Whether the client is guilty or innocent, defensive legal representation can help clients achieve a better legal outcome. In many cases, legal representation can at least provide accused parties with more options than they thought were previously available to them.