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Criminal Law

Employee Theft Charges Under the Criminal Law

October 22, 2018

It would be a grave violation of trust for employees to steal from their employers. In Vancouver and elsewhere, the criminal law is harsh on such individuals. They might need legal assistance from a qualified criminal lawyer to avoid further complications such as imprisonment or a criminal record, upon conviction. If not, the record would be a blot in any of their future endeavor.

Legal professionals consider stealing from the employees as more severe than other related crimes, such as shoplifting. In Section 334, under “Offences against right of property”, it is clearly mentioned that anybody who commits theft “is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years, where the property stolen is a testamentary instrument or the value of what is stolen exceeds $5,000”.

Similarly, Section 380, under “Fraudulent transactions relating to contracts and trade”, it is mentioned that an individual “is guilty of an indictable offence and liable to a term of imprisonment not exceeding 14 years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds $5,000”.

The above notes are only cursory statements related to theft and fraud. In Vancouver, the criminal law might render the guilty individuals unemployed for the rest of their lives. There are also separate sections that directly deal with cases related to theft in different business environments, such as retail stores and corporate houses. It is recommended that those individuals should seek the help of a criminal lawyer in Vancouver to understand the finer details. A mistake or ignorance might prove disastrous, affecting their lives for a lifetime.

A crime is no less serious with the representation of a lawyer. Still, there are ways to cash in on the evidences, which are relevant when the court makes the final decision. For instance, those seemingly little details like the position of the guilty employees in a company, their past criminal record and background can influence the decision.

Sometimes it might take time to charge an individual, yet that could aggravate the condition. If it has taken more than six months, the law requires the crown to prosecute through a more serious indictment rather than summary conviction. Another major role of the criminal lawyers lies in negotiation.

The lawyers can talk terms for an out-of-court settlement. If not, they can further negotiate to avoid imprisonment, remove the criminal record and allow more privileges. It is almost impossible to go to the court unrepresented for such a serious crime such as stealing from an employee.

 

Criminal Law

Criminal Law and Drug Crimes

August 9, 2018

Have you or a loved one been arrested for a drug crime? If so, you must know this is a very serious offense. It’s not something you will be able to handle yourself. You will need to hire a good criminal law attorney who knows the laws when a drug crime has been committed.

One of the reasons why the law prosecutes drug criminals so heavily is because violence often accompanies the crime. Drug addiction is an evil which changes the lives and personalities of people. They do things they would not ordinarily do.

Because of all this, many states have waged war – on drugs and offenders. The destruction trail which drugs forge is well-documented. Attorneys who specialize in criminal law know, more than anyone, what drug addiction can do to a life and a family. They work tirelessly to help the drug addict avoid great loses such as his freedom, his family or his life.

If you’re convicted of a drug crime, you may face a lengthy prison term, heavy fines, probation and service in the community. You must also enroll in a drug treatment course.

A good attorney may also obtain a plea bargain for the person arrested for the drug crime. A plea bargain is an agreement between the prosecutor and the defendant. The defendant agrees to plead guilty in exchange for a reduced charge. This is common and is often used to avoid an excessively long and expensive trial period.

If you’re using drugs, you must be aware of these other consequences:

– You may have a lifelong criminal record.

– Your career opportunities will be diminished or may even be eliminated.

– You may not be able to obtain employment ever again.

– Certain licenses will be unobtainable such as driving certain vehicles or owning a firearm.

– You may not be able to get a travel visa.

– Socially, you may be discriminated against in your neighborhood or with friends and even family.

– After your time of sentencing is up, if you ever get arrested again, you’ll be dubbed a repeat offender and your penalties will be stiffer.

A word of advice if you or someone you know has been charged with a drug crime – don’t make another move until you’ve contacted an attorney.

It’s been estimated that almost 70% of people already in prison in America are there due to drug-related crimes. Whether your crime is related to marijuana, distributing drugs, selling to minors or possessing any narcotic, a criminal law attorney is who you will need to defend your case. Even if you’ve been charged with a drug crime, you still have rights according to the Constitution. You need to have those rights protected.

Drug crime convictions can be frightening and very serious. But, with the right criminal law attorney by your side, it can be less scary and hopefully have a positive outcome.

 

Criminal Law

Criminal Law – Unspoken Rules of Power and Privilege in Washington DC – Operating Above the Law

June 11, 2018

When we were in high school we were taught that no one is above the law, but as we get into adulthood we realize that some people operate above the law, and whether or not they are above the law or not, we realize that there are unspoken rules of power and privilege particularly in Washington DC.

In fact, there have been senators, and congressmen who have been caught taking bribes, cheating on their taxes, and other things, but rather than being arrested, they are taken into a committee where supposedly they are judged by their own peers.

Unfortunately, with all the corruption Washington DC their peers are not exactly the epitome of integrity, or of the ethical fiber and make up as the Waltons on TV. Not to mention the fact that if a committee member goes lightly on them, they will have political favors in the future for letting them off the hook.

In other words, folks that have created criminal violations are able to negotiate their own settlement, and take unspoken bribes to maintain their freedom, and their seat in the Senate or Congress. We all know why this is wrong, but we also all know it goes on in Washington DC.

Now then, because of all the nasty politics politicians are often targeted as criminals, even if they haven’t committed a crime. And obviously they cannot afford the lawyers to defend themselves every time the political opposition charges them with something. Nevertheless, whereas that too is a reality, no one should be above the law, and we shouldn’t have criminals representing us in our great Republic.

Okay so, we all know the unspoken rules of power and privilege, and often we pretend they don’t exist, but they do. They even exist legally in Washington DC, because that’s how the law works, and that’s how things are done. Are they right or wrong?

It depends on the individual and the situation of course. However, criminal law in Washington DC is a lot different than criminal law in your local county courthouse. Please consider all this.

 

Criminal Law

Criminal Law: The Making of a Criminal

June 7, 2018

Is there really a formula on how one becomes a criminal? If yes, what is it? Is there a step-by-step process one can willingly or unwillingly take to get to this notorious path? If yes, how is it done? Is there a checklist that has all the traits on how one can become a legit criminal? If yes, who makes the list? But in reality, there is none. According to a psychologist that has worked with and talked to people who have been found guilty for certain criminal acts against criminal law, all of them have different histories and backgrounds. The only thing most of them have in common is a dark and difficult childhood.

Generally speaking, a bad childhood says to trigger one’s criminal instincts. But we should all consider that the term “bad childhood” is relative and that it differs from one person to another. Bad childhood could be in the form of child abuse, consequences of being in a broken home or the act of child labor. It has different faces, and not all of them result to performance of the worst criminal law offences in history. In fact, some children who have such experience essentially strive to become different people – so different from their ugly pasts. However, when it is consistently fed with multiple misfortunes and discomfort, the worst thing could happen.

Psychological incapacity

Some people who have committed crimes is psychologically unstable. This reason considers a strong and enough reason that provokes a person to commit a crime. This state is a result of either nature or nurture – or even both. Nature means a person’s psychological problem may result from defects of genetics, while the other one may result from harsh and difficult environments. Either way, a psychological claim in court is considers valid stating the submissions of complete medical and psychological documents required. A lot of criminal lawyers pull the string towards psychological defense to make their side of the case in a better advantage.

Addiction to chemical substance

Another proven and tested trigger to the non-stop production of criminals is the abuse of alcohol and drugs. Drinking moderately and taking in prescribed drugs do not really give to the bigger problem. But when people start to take advantage of what seems to become easily accessible, that’s when abuse begins to build-up. Excessive intake of the said substances instantly gives people high and carefree feeling. Ironically, it triggers one to become too impulsive and irate. These become violence, theft, rape, fraud, drunk driving and others when translated into actions. One should not give these substances a chance to manipulate his or her life to the point of violating criminal law.

Past victimization

Who could be more vengeful than those who were victims of crime themselves? They are the ones who have “hands-on” experience on how it feels like to become hurt, abused and cheated on. Some victims remain fixated to such traumatic experiences that they are able to imbibe the same logic to the people they have hatred for. Criminal law becomes a blurry vision.

 

Criminal Law

What Are the Different Types of Criminal Law Cases?

April 13, 2018

Criminal law covers all offenses by an individual against the State. A crime is always against the State, and when a criminal is punished, it is a retribution for the State. There are several types of criminal law cases that are tried in the courts. These crimes are generally categorized into General Offenses, DUI/Traffic Offenses, Sex Offenses, White Collar Crimes, and other miscellaneous offenses that can be tried in courts.

General offenses include aggravated assault, kidnapping, manslaughter, robbery, murder, embezzlement, false statements, perjury, resisting arrest, theft, among other crimes that fall under general offenses. Crimes that fall under traffic/DUI are drag racing, aggravated driving, aggravated DUI, driving on suspended license, endangerment, reckless driving, extreme DUI, and misdemeanor DUI among others.

Sex offenses are those committed against the chastity of the person. Whether you are a man or a woman, so long as you were offended in some way in relation to your person, pertaining to your gender, the act itself can still be considered as a sex offense. This includes sex abuse, molestation of a child, sex assault, public sexual indecency, computer crimes, failure to register as a sex offender, and public misconduct with a minor.

White collar crimes are those that are considered as environmental crimes, fraudulent schemes, extortion, money laundering, professional licensing issues, regulatory crimes, and racketeering.

Even with the diversity of crimes that are adjudicated daily, once you are charged with any of these crimes, or you happen to be a victim, you should seek out the counsel of a good lawyer to defend you and your rights in the proper court of law. While it is true that anyone can file a criminal case in the courts, it is imperative for you to seek the advice of a good criminal lawyer. If you were the victim, and you happen to find yourself terribly abused, you always have the option to seek redress in court. And, if you are the one arrested because of a criminal charge, you are also entitled to equal protection by the court since you are still presumed innocent until the court has convicted you of the crime being charged.

Crimes against the person per se, such as murder, vehicular manslaughter, assault, and rape usually involve a greater degree of punishment since life was directly inflicted upon. Although in rape, depending on the circumstances, life may have not been taken but the injury caused is always for a lifetime. More often, these cases capture the public interest than petty crimes such as shoplifting or drug possession. On the other hand, robbery, perjury, and computer crimes are adjudged based on the degree of damage that the criminals have caused either against the person or the property.

 

Criminal Law

Criminal Law – What Is the Standard of Proof?

March 31, 2018

In the common law system which is used in the legal systems such as Britain, the United States, Canada and Australia there is a very important principle of the criminal law which has existed in the legal systems of these countries from the time that is was first developed in the original England common law system. This principle is that a defendant in a criminal law case has the protection of the presumption of innocence. A defendant in the legal systems of these countries is innocent until proven guilty. This contrasts with the systems of civil law which have been adopted in continental Europe in countries such as France, Italy and Germany which have an inquisitorial system of justice where the judge can gather evidence independently of the parties appoint their own investigators in order to gather evidence.

So what does the presumption of evidence mean in terms of the trial? This means that the prosecution must prove that the defendant committed the crime in question in the trial beyond a reasonable doubt. It is notoriously indistinct as to how this is likely to be defined and in terms of instructing juries, a judge must confine their directions to the jury to the application of the law to the facts rather than directions about the facts and evidence. Naturally, in a jury trial, a voir dire (a trail within a trial) can also be used in order to identify if a particular pieces of evidence which are able to be admitted in the trail. Once a piece of evidence is deemed admissible, the jury allowed to consider it in its deliberations about the evidence. In practice, judges often refer to a 90% certainty that the defendant committed a crime in order to enter a verdict of guilty and there have been phrases such as ‘the absence of any material uncertainty’ or ‘A rational belief which is supported by the vast majority of available evidence’ in order to describe the level of proof which is required. The more general justification for the principle is that it is better to set 9 guilty people free rather than let 1 innocent person to jail.

 

Criminal Law

Florida State and Federal Maritime Criminal Laws – What Boaters Need to Know

December 18, 2017

The U.S. Coast Guard, the Florida Fish and Wildlife Conservation Commission and many Florida law enforcement agencies, such as the Broward Sheriff’s Office, Palm Beach County Sheriff’s Office, Martin County Sheriff’s Office and many more law enforcement agencies enforce Florida state and federal maritime and fishing laws, including maritime criminal laws such as Boating under the Influence (BUI). Although many boaters are familiar with general boating safety laws, most are not aware of even a small percentage of state and federal maritime regulations. This article discusses just a few of the laws more commonly enforced by law enforcement.

Law Enforcement officers of the Florida Fish and Wildlife Conservation Commission (formerly the Florida Marine Patrol), sheriff’s deputies of all Florida counties, and any other authorized law enforcement officer, has the legal authority to enforce all boating safety laws, including laws relating to personal watercraft, and has the right to inspect all boats and personal watercraft according to Florida law. It is significant to note that a law enforcement officer may stop any vessel for the purpose of checking the boats safety equipment.

Because of the complexity of state and federal maritime criminal regulations, if you are arrested or cited for violation of such laws, it is important that you contact a Florida maritime criminal defense attorney.

Florida maritime criminal laws are found in Sections 327 and 328 of the Florida Statutes.Below is a sampling of some of the laws contained in Sections 327 and 328.

Boat and Personal Watercraft Accidents and Injuries

The operator boat or personal watercraft in an accident where a passenger or other boat operator is injured (other than those that may be dealt with by basic first aid), or involving death or disappearance, or if there is damage to the vessel ($2,000 or more), under law has the duty to give notice to a local sheriff’s office or police or the FFWCC. It is illegal for any operator of a boat or other vessel to leave the scene without providing aid and for failing to report the incident.

Recklessly Operating a Boat or Personal Watercraft

It is illegal to operate a boat or personal watercraft in a reckless manner. An operator is guilty of reckless operation of a vessel if he or she operates the vessel in a willful or wanton disregard for the safety of persons or property at a speed or in a manger as to endanger, or likely to endanger other persons or to damage other’s property. Any operator who violates this law is guilty of a first degree misdemeanor and may be sentenced up to a year in jail.

Boating Under the Influence (BUI)

It is illegal in Florida to operate a boat or personal watercraft while under the influence of alcohol or drugs. Just like a driver or a car, a boat or personal watercraft operator must submit to sobriety tests and breathalyzer (or blood or urine) exams to determine BAC (Blood Alcohol Content). Under Florida law, an operator is presumed to be impaired if the BAC is .08 or above. Note that operators may still be arrested and convicted with a BAC less than.08 if they are impaired. Florida takes a tough stance on underage boating and drinking. Any operator under 21 years who is found to have a BAC of.02 or higher while operating the vessel is guilty of a BUI. Further, enhanced jail sentences exist for BAC levels of .15 or above and for operating a boat or personal watercraft with a BAC of .07 or above with a minor (under 18) on board.

Manatee Laws

Manatees are protected by under Florida state and federal law. The penalties are significant. Under Florida law, it is unlawful to harass manatees. Meaning, you may be arrested for chasing or feeding manatees. If you are found to disrupt a manatee’s normal behavior, you may be fined up to $50,000 and/or one year in jail.

Many other state and federal maritime regulations exist, which may subject you to prosecution, from violations of the Endangered Species Act to immigration laws at sea. If you are the subject prosecution for any state or federal maritime criminal statute, it is important to you exercise your right to remain silent and speak to an attorney right away.

 

Criminal Law

Adultery Criminal Laws and Their Effects

November 13, 2017

Adultery is also known as philandery or infidelity is basically a form of extramarital sex. Originally it referred to sex between a married woman and another person other than her spouse. Illegal in some countries, its difference from rape is that while rape involves use of force; adultery is voluntary. Having a Judeo-Christian origin, the concept is present in almost all religious factions of the world.

Committing adultery brings up several consequences like an enraged spouse at home and possible dissolution of the family and supportive life. Despite the fact that such family and supportive life was built up with a lot of efforts on part of the couple involved, adultery can disrupt their life. On the other hand adultery criminal laws in force in the country where it is committed can bring up serious consequences for the offender. In any case it could constitute pertinent grounds for fault based divorce.

Legal consequences of adultery that is considered a criminal act, does not end with divorce alone. It could result in a civil lawsuit against the spouse committing adultery. Besides the emotional trauma as well as the fallout faced by the subjects of adultery and consequential criminal laws, they could even land up in jail serving punishment on criminal charges.

Scenario is however changing pretty rapidly. Only few states in United States have adultery statute in place. Many states on the other hand abolished the statute altogether. Of course the states like Florida are an exception that still considers the adulterer as criminal. Open adultery is still a punishable criminal offence in Florida. Unique feature of adultery criminal laws in Florida is that even though only one of the persons involved in adultery is married, both can be charged with criminal offences of open adultery.

Thus, in Florida a person guilty of open adultery can face imprisonment up to 60 days and fines up to $500. In addition such person will also have a criminal record adding insult to injuries. In result it would be difficult getting jobs, loans, and other such financial and career benefits.

People charged with commitment of adultery should consult an efficient and reputable criminal lawyer to get appropriate advice. Such lawyer would be the right person for protecting the civil rights of the client.

 

Criminal Law

On the Role of the Criminal Law Clerk

August 1, 2017

In every industry, there are those who work behind the scenes to ensure that the activities of each organization are carried out accurately and efficiently. The hallmark sound of the Prussian stamp thudding against a sheet paper has for centuries announced the presence of such individuals, and while the methodology of clerical work has largely changed with the advent of the computer age, that same sound still resounds in the offices of criminal law, where the might of traditional and ceremonial custom is brought face-to-face with the fast-paced, high-tech processes of the modern age. This clash between the past and the present requires a unique skill-set to master, paramount of which are the abilities to master archaic terminology, modern mediums of communication, and above all, to develop an adaptive frame of mind.

There are a number of words and phrases which, when used properly, serve to make criminal procedures all but incomprehensible to the layman. Phrases such as “Comes Now,” and “Counsel of Record,” may cause the average reader to pause, while phrases like “In Pari Delicto,” or “Sua Sponte,” are confounding in the extreme – not the least because they are words taken from a dead language. For an effective criminal law clerk, however, such phrases and words must at the very least be familiar, as courts often demand their usage in official documents for the sake of tradition and professionalism. Even without an adept’s understanding of Latin, a criminal law clerk must be prepared to place these terms throughout legal documents appropriately and, perhaps more importantly, know when to omit these terms. Whereas the absence of these traditional terms might be tolerated by a judge, the incorrect placement of those terms might change the meaning of an entire document, and make it inadmissible to court records. So far as efficiency is concerned, there is nothing worse than being forced to do the same work twice.

While archaic terminology is a basic requirement necessary for all effective law clerks to master, one surprisingly overlooked qualification is a mastery of the modern modes of communication. This includes methods such as email, faxing and even properly formatted postal envelopes. Of these three, properly formatted and professionally appearing envelopes are perhaps the most crucial, as many courts require original documents and do not accept facsimile or electronic copies. To be familiar with proper mail-address formatting may seem a given – yet, such a familiarity implies intimate knowledge of word-processing programs and printer capabilities, as handwritten envelopes are, to say the least, unprofessional. That said, knowledge of fax systems and the process of emailing is also critical; as more and more courts begin to accept digital copies of documents, law clerks are required to be familiar with professionally structured and properly formatted e-docs.

Given the variation between what sorts of documents courts will and will not accept, the most important qualification of a criminal law clerk is that of adaptability. Understanding that each court and each judge has their own demands – and being able to meet those demands – is paramount to being an effective legal clerk. Being prepared to make use of archaic terminology or modern terminology; being capable of filing documents early enough to meet the demands of courts who require original, physical copies, vs. those which only demand electronic, digital copies; understanding how each individual court schedules hearings; even being capable of meeting the demands of other criminal law clerks – all these and more require an ability to adapt to each unique case and each unique situation. Without this adaptability, not only will the work of resolving criminal cases be compounded exponentially, but the appeal of a law clerk as an employee is inherently reduced.

In short, the ability to adapt to the requirements of any legal situation, to understand all of the modern and less-than-modern forms of communication, and finally, to comprehend when and where to use archaic legal terms, will determine the ultimate effectiveness of every criminal law clerk, whether they serve a court, a public defense association, or a private defense attorney. Indeed, while many bureaucratic and clerical positions are able to thrive on stolid and uncompromising methods, that of a criminal law clerk requires a flexibility that is, in almost every field, otherwise unknown.

 

Criminal Law

Criminal Law Terms – What Is Strict Liability?

June 19, 2017

Whether you study criminal law or have become involved in a situation where knowledge of the law is critical, it is helpful to know the terms used during a case. The more you know, the better you will gain an understanding of the situation and how it affects you or your loved ones. Strict liability is a term you may hear in connection to a criminal case. What does it mean?

Strict Liability: a Definition

Where strict liability is concerned, prosecutors do not always seek to prove a person’s guilty mind (also known as mens rea) to connect him or her to the offense. In other words, the defendant may not have set out to commit a crime, but actions involved that led to the occurrence of wrongdoing could lead to a conviction of the person in question. A person may be ignorant of the law, yet may still face conviction.

Examples of Strict Liability

Such laws were created centuries ago as a means of holding factory owners accountable for a variety of safety hazards and ensuing accidents. These days, strict liability is used more often in minor offenses where a defendant is not necessary a criminal, but not entirely blameless.

    • Parking Violations – A driver parks his/her car in the wrong place. Regardless of the reason – emergency or otherwise – strict liability allows for the issuance of a citation.
    • Violations Involving Minors – A person buys an alcoholic beverage for a minor, or an 18-year-old has intimate relations with a younger, albeit consenting, boyfriend or girlfriend. Strict liability may work in these cases and lead to a conviction.

    • Manslaughter – A person unknowingly or accidentally causes another person’s death. While the defendant did not intend for this to happen (i.e. not intent to commit first-degree murder), he/she is not wholly blameless.

 

  • Violations involving dubious situations – In some actual cases, people who have offered services (selling alcohol, distributing prescriptions) may be found liable of wrongdoing.

Strict liability is designed to hold people liable of wrongdoing, even though these people are not generally viewed as criminals. The punishments meted out for such offenses may not be severe, but if convicted a person could end up paying fines, doing community service, or serving jail time. It basically depends on the offense. If you find yourself or a loved one in a situation where strict liability applies to something that involves you, you will need a criminal lawyer who can help.