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Creating Strong Criminal Defense Strategies

By | Criminal Defense

A criminal defense strategy is when a criminal defense lawyer figures out what the prosecutor wants to do in any given case during a criminal prosecution. For instance, if a prosecutor says that the defendant was at the crime scene, the defense attorney will come up with questions to prove this wrong. Different things can shape the defense strategy that an attorney comes up with. It can change depending on how the defendant answers any questions that have been put forth by the prosecutor as well.

What is Considered to Be a Good Defense Strategy?

Normally, the best defense strategies involve the truth. Giving a true story can work out in the defendant’s favor and get him a plea bargain, a lighter punishment, or even a not guilty verdict.

The thing about truth is that it can be presented in different ways. Both the prosecutor as well as the defense attorney can use the same facts and series of events to present two completely different stories in court. Though both scenarios may be true, they will be completely different from each other. However, it is the defendant and his/her criminal defense attorney’s responsibility to present the truth in the best possible way to help the defendant.

Characteristics of a Strong Defense Story

Any strong defense story should have the following characteristics:

  • It should first and foremost be true. For instance, if the crime is a robbery, and the defendant’s car was used, then the defendant needs to prove that his/her car was stolen before the crime.
  • The story should be able to garner sympathy from the judge and the jury. For instance, if the defendant can prove that he/she tried to get out of the plan of the crime before it was committed, and also tried to report it to the police, then there is a high chance that the judge and jury may not be as strict.
  • The story should be able to prove what the defendant is saying to be the thing that actually happened. For instance, if the defendant says he/she was not at the crime scene, then there should be enough proof in the story to show the defendant to be somewhere else.

Different Categories of Defendant Stories

Most criminal cases will see all defendants giving their sides of the story in court. Two defendants will rarely come up with the same version of the events that took place. In most cases, any defendant’s story will fall into one of the three categories:

  • A Confession Story: A confession story is when the defendant will admit to having committed the crime to the attorney. Whatever the crime, the defendant will agree to have committed it
  • A Complete Denial Story: In this story, the defendant will completely deny any allegations that are presented against him/her in court. For such a story to hold in court, the defendant should ideally have a strong alibi to prove that he/she was not present at the scene when the crime was committed.
  • An Admit and Explain Story: This story is a middle ground for the defendant. If falls between a confession and denial. The defendant may indirectly admit to having committed the crime but will also try to explain that it was not the intention. For instance, if there has been a home robbery, the defendant may admit to going to the property and getting something but may say that he used a key and did not break into the house, and the owner knew that he was taking something from the home.

Building a Strong Defense Strategy

Once the criminal defense attorney has heard the defendant’s side of the story, the next step would be to come up with a defense strategy that would give the best result for the defendant. This is not an easy job. This process often involves various aspects like weighing the witnesses’ credibility, understanding the relationship between the community and the law enforcement, and taking into consideration the defendant’s history. The defense attorney will take all of this into consideration and create a “theory of the case” that will combine both the defendant’s story as well as other proofs that may be present at the time.

Let us take the example of a robbery. Let us assume that a person is caught committing a robbery with his friends and there is an eye witness for the crime who thinks he can identify the defendant. However, the witness is not too sure of the identification. In such a scenario, the defendant will tell the police and the defense attorney his side of the story, which could be that though he was present at the time of the crime, he did not rob anything. He can also tell the attorney that the police did not inform him of his Miranda rights at the time of the arrest. With all of this information, the attorney can come up with a defense that indicates that the police don’t have a very strong case and the eyewitness account to make a case against the defendant is also not strong. Moreover, the attorney can also claim that the defendant was bullied by the police into giving a confession without being informed of his rights. Though this story of the defendant will be classified as a confession story and will be true, it will still show the defendant as not being as guilty of the crime.

In such a case, the defense attorney can file a pretrial motion. This motion will request the court to omit the confession given to the police from the record because it involved unconstitutional questioning. Not only this, but the defense can also question the eye witness to prove that the identification is wrong and does not establish that the defendant was involved in the crime beyond a reasonable doubt. With such a case, there is a high chance that the verdict could be not-guilty, or the prosecutor could offer a plea bargain for a lesser charge.

Preparing the Defendant for the Case

To prove all of the above is not very easy. Though the defense attorney knows the law and the courtroom well, it will not be simple for the defendant. Chances are the defendant will have to train to speak in a certain way and present his story in court. In most cases, the attorneys will use different ways to prepare the defendant like:

  • Mock interviews to ensure the defendant sticks to one version of the story
  • Take defendants to important crime scenes to jog their memories
  • Make the defendant note down all that happened on the day of the crime from their perspective.

The defense attorney needs to inform their clients about all the information that the prosecution has so that their clients can come up with appropriate evidence to prove their innocence. At the same time, it is also extremely crucial that the defendant gives the attorney all the correct information so that they can build a strong case to protect them. If the defendant is honest with the attorney and gives them all the true information, then it will become easy for the attorney to either free the defendant of the charge or get a lighter punishment.

Individuals have different defense strategies that they can use in a court of law. Depending on the nature of the crime and the facts available, these strategies can help defendants either completely prove their innocence, or get a smaller punishment. Speaking to a defense attorney will help individuals understand what their legal options and defenses are, and how they should present the facts in court to ensure that they don’t get convicted of the crime.

Understanding Affirmative Defenses

By | Criminal Defense

Not all court cases are the same. Could you imagine a scenario in which the prosecution did its job of successfully proving their case, yet the defense still wins? This is what happens with an affirmative defense. Yes, the defendant did the crime, and the criminal defense law firm they hired is not saying otherwise. The difference here is that there was a good reason for the crime to have been committed, or there’s an alternative explanation that the jury accepts and understandable in that given situation. We see it happen all the time.

One good example of an affirmative defense is self-defense. Yes, the defendant killed that person, but they were only defending themselves. A jury would by that any day of the week. A plea of insanity is another. Other issues include a statute of limitations for a crime committed a long time ago. These types of defenses can be quite controversial, but they do have a basis in helping to protect a person’s basic rights and can be a legitimate defense. 

The Intricacies of a Proper Defense

We all know that it is against the law to kill someone. The problem for the prosecution is that the law isn’t always black and white. There are a lot of different scenarios and pieces that have to come together exactly right to convince a jury that a murder was committed. There must always be a lack of reasonable doubt. This is how some people who commit murder win their defense. There’s also intent, the defendant’s mental state, whether they were acting in self-defense, and a host of other issues to prove.

Killing another person isn’t always murder, either. Let us say you own a restaurant that serves a customer tainted food and they die. Was that murder? No. It was a complete accident and the prosecution would not be able to prove intent to kill. No reasonable prosecutor would try to get a murder charge out of this because it would nearly be impossible. Instead, they would look at other potential laws that were broken that led to the tainted food being served.

Using the Affirmative Defense to Your Advantage

Sometimes, there is just no beating the evidence the prosecution has. A person died; the defendant clearly did the killing. There’s fingerprint evidence, eyewitnesses, etc. So, what can the defense do to help their client? Well, there might be additional evidence that they present to the court that helps their affirmative defense and is accepted by the jury. Proving the affirmative defense strategy can negate all the proof the prosecution has. 

Using this same example, the prosecution has to prove intent. Yes, the defendant intended to kill the victim, but that’s not the whole story. The victim attacked the defendant first and they have proof of that fact. He/she was only defending themselves. Self-defense is a reasonable and acceptable defense that can justify the murder. Many states make this acceptable.

For example, Florida has a law in place called “stand-your-ground” which allows for deadly force to be used in self-defense. We saw this play out in the Trayvon Martin case a few years back. 

What is the Difference Between a Felony and a Misdemeanor?

By | Criminal Defense

Criminal law can a complicated subject to understand. That’s why if you’ve been accused of a crime, you should immediately call your local Orlando criminal defense law firm to help you through the process. The difference between a felony and a misdemeanor is fairly striking. To better understand the difference, you have to know the different categories of crimes the United States uses. 

Most jurisdictions within the U.S. split up the types of crimes into three different categories. The difference between one category and another might be a fine line and be decided by the tiniest detail. The seriousness of the crime committed will put you either in the infraction, misdemeanor, or felony category. 

Infractions and Misdemeanors

Infractions aren’t really serious, so they won’t be covered too much here. There’s often no jail time and the fines (if one is issued) are small. We would put things like traffic tickets, littering, and other types of small issues in this category. You usually won’t be issued a misdemeanor or a felony from a traffic ticket or other infraction offenses unless other crimes were committed that raise the level of the seriousness of the crime. 

Misdemeanors are the next step up on the crime seriousness scale. In general, federal law classifies misdemeanors that carry a jail sentence of less than a year. In some cases, you may not even get a jail sentence of a misdemeanor, but don’t take that to think you’re not in trouble if accused of such. There are varying degrees of misdemeanors.

A Class A misdemeanor is the worst that carries a sentence of up to a year in jail. Class B is between a month and 6 months in jail. Class C stipulates a jail sentence between 5 days and one month. Due to the minor nature of a misdemeanor crime, these sentences are often carried out in county jail and not a federal prison with hardened criminals. That’s often reserved for felonies. 

What is a Felony Offense?

Felonies are the most serious offenses that can be committed. Even so, what is considered a felony isn’t the same across the country. The federal government classifies a felony as being a crime with a jail sentence longer than a year, but individual states do things a little differently. What one state considers a felony, another might not. Most states do consider a felony sentence one that lasts longer than a year in a state or federal prison system. 

  • Class A felonies are the worst and often requires a lifetime in prison or even the death penalty if applicable. 
  • Class B is more than 25 years in prison. 
  • Class C is between ten and twenty-five years. 
  • Class D is between five and ten years. 
  • Class E is between one and five years. 

To learn more about the classifications of crimes and the prison times that go with them, be sure to check out this video: What is the Difference Between a Misdemeanor and a Felony 

How to Select a Good Criminal Defense Attorney to Defend You

By | Criminal Defense

If you find yourself in a position where you might be facing criminal charges, it can surely be a scary and trying time. This is especially true if it’s your very first time making your way through the criminal justice system. The average person has very little knowledge of the process or the laws that govern how they should be treated. They have the right, but often lack the ability to defend themselves. Someone in this situation would need to find help to guide them through it. 

This type of guidance is often in the form of an experienced defense attorney. They would have the expertise and understanding of the law. This decision, and choosing the right lawyer to defend yourself, might just be one of the biggest decisions you make. They will be your biggest ally, helping you to craft your defense. Without that help, you could find yourself in a world of trouble.

So, how do we find the right attorney to represent us and our interests in a court of law? Let’s take a look at several factors you should consider. 

1) Are They Experienced?

Not all lawyers are the same. Many are molded to be experts in certain aspects of the law. Not every attorney you meet is a defense lawyer, much less having the right amount of experience to represent you. You should also consider the type of crime you are being charged with. Are they an expert with years of experience trying cases? Have they worked with people before charged with similar crimes? Don’t be afraid to ask questions to make sure the person who represents you is right for the occasion and knows what they’re doing.

2) How Often Do They Go to Trial? 

The frequency in which your lawyer goes to court dealing with the same type of charges against you matters. They must be familiar with the law in that area so they can help put together a powerful defense. Even if the prosecution believes they have an open and shut case against you, their understanding of the law can make the difference. You might not want to hire someone fresh out of law school, but then you’d have to consider costs as well. 

3) Who Are They Working With?

There are different types of attorneys. You might find a small-town guy who has his own name on the door and does all the work. He would be the main lawyer you work with and would get more face time. On the other hand, if you go for someone at a larger firm, they most likely have a full staff of paralegals, researchers, other lawyers, and more. Both have their advantages. Working with a solo lawyer isn’t necessarily a disadvantage over going with the larger firm. You’d just have to choose what better fits what you need.

4) Find References Where Available

You should definitely put more time and research into finding the right attorney for you than you put into ordering something on Amazon. Before you buy, do you look at all the reviews to see how good the product is? The same is true before hiring a lawyer. Surely, if you’re looking for someone experienced, they have plenty of previous clients willing to recommend them or have even given a positive review of their service online.

5) Are They Confident?

When chatting with various lawyers, you should keep a sharp eye on how confident they appear. An experienced lawyer has been around the block a time or two. This isn’t their first rodeo testing the legal system. They might even already be able to tell you what the outcome might be and whether you should attempt to negotiate a plea bargain. You don’t want someone so confident they make false promises, either. To understand how confident and honest they are, ask them what they think about your case. A good lawyer to consider will be real and not try to sell you a bill of goods.

6) Look at Costs 

You might want to hire the big-time lawyer with the high-rise office and huge staff to assist them, but you’ll also be paying a premium for their services. You might find hiring a more modest attorney, even one right out of law school, is more cost-effective for you. That’s why getting a full rundown of their fees and costs. Many charge by the hour and others will ask for a one-time fee. With criminal cases, a flat fee is the most common, but it depends on the lawyer and their experience.

If you’ve been charged with a crime, you’re fully entitled to a defense. Choosing the right lawyer to represent you can take a bit of work, but it’s fully worth it in the end, especially if they can help you win. Don’t fall for the tricks many might use to retain you, like promising you’ll be found “not guilty”.  

What Should I Expect Where Legal Fees Are Concerned

By | Criminal Defense

Life is complicated and frustrating enough when you’re charged with a crime without having to worry about all the costs. When you add in the unknown of what legal fees you’ll be responsible for covering, it can be extremely stressful.

It doesn’t have to be, however. If you understand the difference between different types of lawyers and their fees, it’ll help lift a good amount of weight off your shoulders. No need to worry if you don’t have the time to figure it all out on your own! We’ve done the work for you.

First, you need to understand that getting the most expensive lawyer you can find won’t necessarily mean they’re the best lawyer. Likewise, the least expensive lawyer isn’t necessarily the worst. Rather than just focusing on price to choose one, you need to look at their qualities.

It’s important to hire a lawyer who already has experience and who has the time and commitment to handle your case themselves. Look at their work history. They should be aggressive, dedicated to your case, and knowledgeable in their line of work.

It is completely reasonable to want to know how much it will cost to have a lawyer represent you before officially choosing them to take your case. Often, lawyers will offer the option of having you come in for a free consultation to discuss both your case and the cost you would be responsible for should you hire them to take your case.

At the end of the consultation, you’ll not only know if you can afford the lawyer, but you’ll have a better idea of their character and qualities. If you don’t feel comfortable with the lawyer, either because of what they’ll cost you or because of how they act, you won’t be obliged in any way to choose them to represent you.

A consultation is for you to find out if you want to hire them, it’s not an agreement to hire them. In fact, it can be quite helpful to talk to several lawyers. This is especially true if this is your first time hiring one! If you don’t know what to expect from one, you’ll be better prepared to make a decision after you’ve found several options.

If at the end of the consultation you realize you cannot afford to hire the lawyer, it’s always an option to keep looking until you can find a different one who charges less. If you still can’t find one you can afford, it’s possible the court could assign you a lawyer to represent you for free.

Often, the free lawyers are excellent ones who have had a great deal of experience. Unfortunately, they are also usually quite busy and may not have the time you would desire to devote to your case.

If you can afford it, it’s best to hire your own lawyer who will be committed to you and have the time necessary to dedicate to your case. You want a lawyer who is not only skilled but who will also work hard to put your needs first. Take your time and choose the one you feel you can trust!

Defending a DUI Charge

By | DUI

You should never take a DUI arrest lightly. Even a conviction on a misdemeanor DUI charge can result in you having to pay steep fines and spend time in jail.

What’s more, after you have been convicted on a first DUI charge, a second arrest might be charged as a felony and subject to a mandatory minimum prison sentence and thousands of dollars in fines.

Furthermore, if convicted of a felony DUI, you may lose your driver’s license, your right to vote, your ability to join the military and other civil rights. You will also be prohibited from working in certain industries and have trouble finding employment and housing.

Therefore, it is important that you fight to keep even a first DUI conviction off of your record. An experienced DUI attorney can assess the circumstances of your arrest to try and find violations in protocol that may give rise to the dismissal of the charges against you.

Ways to Handle a DUI Charge

There are essentially two general ways to handle a DUI charge:

  1. Pay an attorney to fight the charge and keep your record clean.
  2. Plead guilty, pay the fine, and have a DUI go on your record.

Just because you are charged with a DUI doesn’t mean that you will be convicted. Depending on your record and the circumstance of your arrest, an experienced attorney can help you successfully defend a DUI charge and ensure that your record remains clean, or at least, minimize the consequence of your conviction.

However, if you plead guilty, you are likely to receive even stiffer penalties, even for a first offense. Furthermore, you will have a DUI conviction on your record, which will put you at risk of receiving much harsher penalties should you unfortunately be charged with a subsequent DUI within a certain period of time.

Defending a DUI

It’s important to remember that if you do not plead guilty to the charge, the state must prove its case against you beyond a reasonable doubt. If it is unable to prove any element required for a DUI conviction, you will be found not guilty.

The two most common ways to defend a DUI are:

  1. To challenge the arresting officer’s right to stop you; and
  2. To dispute the validity of the Breathalyzer or field sobriety test that was administered to you after you were stopped.

If the arresting officer violated any protocols in making the traffic stop or when carrying out the Breathalyzer or field sobriety test, the charge against you may be dismissed.

For example, if the arresting officer did not see you committing any traffic violation, the officer may not have had sufficient reason to stop you. Your attorney may then petition the court to dismiss the case for violation of your Fourth Amendment right to be free from unreasonable search and seizure.

Similarly, if the arresting officer forgot to carry out the Breathalyzer or the field sobriety test, or did not carry them out according to standard procedure, the results may be deemed inadmissible and your case may be dismissed.

At any rate, only an experienced DUI attorney will have the ability to notice these violations and employ them in your defense. Therefore, before you choose how you will handle a DUI charge, you should first speak with an experienced DUI attorney who can assess your case and help you decide which course of action to pursue to achieve the best outcome for your case.

What is the difference between robbery and burglary?

By | Theft

Some people use the terms robbery and burglary interchangeably but the terms actually refer to different crimes and each has its own legal definition and penalties.

Robbery and burglary are the two crimes that comprise taking possession of something owned by someone illegally without the permission of the owner. But the two are differentiated by the circumstances that surround each of them. The legal definition of theft involves a number of categories in addition to the crimes of robbery and burglary. These additional theft crimes include: larceny, theft and extortion.

Robbery

The definition of the act of robbery by law is to take or try to take something that is valuable and belongs to someone else by utilizing acts of intimidation, force or threat. Mostly, robbery is thought of as a crime committed by bank robbers or guys who hold up a convenience store, but actually, some of the states have laws according to which any student threatening to beat up another student who refuses to give his lunch or money also falls under the category of robbery. The crime of robbery can take place with a single victim who must be present on the crime scene. The victim must have gone through a feeling of being harmed or suffered a physical injury. Robbery can take place with multiple victims as well, for example, bank robberies where a large number of victims are available. The elements of the crime of robbery include:

  • The act of taking money or property from someone else
  • The act is done directly
  • It does not involve taking permission from the person
  • The act is done with the intent of possessing money or property permanently
  • It involves the use of force or intimidation

Burglary

The definition of the act of Burglary by law is the unlawful entry to a facility or a structure to commit the crime of theft or a felony. The act of burglary does not involve the presence of a victim. In order for burglary to take place, the structure being unlawfully entered into can include a number of different types of buildings. These buildings can be business offices, personal homes and even garden sheds. The crime of burglary does not include crimes that are committed on cars. An example of burglary is someone breaking the lock on the back door of your house and stealing your television. The typical elements of the crime of burglary include:

  • Unlawfully entering any building that can be a home or any other facility
  • Entering the building involves the intent of committing a felony or stealing something

There are four types of burglary:

  • Completed burglary – This is a type of burglary in which an individual, who is not authorized to enter a facility, gains the entry with or without force
  • Forcible entry – This type of burglary involves the use of force to gain entrance for example, breaking a window
  • Unlawful entry without force – This type of burglary involves no use of force
  • Attempted forcible entry – This type of burglary involves the use of force in an attempt to gain entry

If you have been a victim of robbery or burglary, you need to inform the authorities and contact a lawyer immediately.

Author Bio:

Holmes Law Office for real property advice, preparation of documents, mortgages, title opinions & land contracts and bankruptcy consultation.

What are stalking and domestic violence crimes?

By | Domestic Violence

Stalking of an individual refers to the act of following the victim or monitoring them and may include harassment and intimidation. It is an undesired or obsessive attention towards an individual by another individual or group. The term stalking is used in some legal jurisdictions as a criminal activity.

Stalking and Domestic Violence

Stalking can also be related to domestic violence in which the victim is being stalked by the estranged or separated spouse or partner. The act of stalking involves behaviors like:

  • Intimidating, harassing or threatening the victim through phone calls or emails etc.
  • Following the victim or shadowing them
  • Uninformed appearances at the victim’s home or place of employment
  • Damaging the property of the victim
  • Doing activities that intimidates the victim and increases concerns about their safety

Types of Stalking

There are three different categories of stalking:

Erotomania – This type of stalking involves a delusional obsession with a celebrity or a public figure who is mostly out of reach of the stalker.

Love Obsessional – This type of stalking involves individuals who become obsessed with any individual with whom they didn’t have any intimate or close relationship. The victim may be a friend, a person met only once, or even a complete stranger.

Simple Obsessional – This type of stalking is done by stalkers who has previously been involved in an intimate relationship with their victims. In most of the cases, the victim has attempted to get out of the relationship but the stalker does not allow the victim to leave. Such stalkers suffer from different personality disorders. They may as well be emotionally immature, extremely jealous, insecure and have low self-esteem. They stalk their victim with the goal of reconciliation and they often feel powerless without the relationship and they think they won’t survive without the relationship.

Domestic violence stalking comes under this category of stalking which is done by ex-husband or lover or a co-worker or employer. Approximately 30% of the cases fall into this category in the US.

The crime of stalking is defined differently and has different laws for it in different states of the US. However, the requirements to label an act as criminal stalking are listed as under:

  • Intent requirement – There should be a proof that the stalker intended the consequences of his actions.
  • Standard Fear – Some of the states require that the behavior of the stalker must cause the victim to fear.
  • Threat – Some states require that the stalker poses a credible threat to the victim. Implicit threats are mostly very hard to prove in court. They are mostly experienced by victims who had an intimate relationship with the stalker previously.
  • Target of the Stalker’s Act – Mostly, this is also a requirement that the actions of the stalker pose a threat to any person close to the victim like their children, current spouse or any other family member.
  • Crime Classification – Some states classify stalking as a felony when it is reported for the first time and is actually done for the first time. Mostly, it is classified as a felony when the offense is done a second time and involves aggravating factors. The factors that aggravate the situation include possession of a weapon by the stalker, stalking someone under 16 years of age, the same victim being stalked again and again, or violation of a court order.

Author Bio:

Jacobs Jacobs & Edmison, LLP caters all your legal needs from Estate Planning, Bankruptcy, Tax Law throughout Arkansas. Call now (501) 254-0311.

Defending White Collar Crimes

By | White Collar Crimes

The term White-collar crime refers to nonviolent crimes that are committed by businessmen and government professionals. Such crimes are financially motivated. White-collar crimes normally refer to crimes by people who are slightly wealthier – those who wear a “white collar” to work. They generally involve fraud or public corruption. For the first time, white collar crimes were defined by the sociologist Edwin Sutherland in 1939 as “a crime committed by a person of respectability and high social status in the course of his occupation”.

Some of the examples of white-collar crimes include fraud, insider trading, securities and commodities fraud, embezzlement, mortgage fraud, financial institution fraud, cybercrime, money laundering, identity theft, forgery, copyright infringement, fraud against the government, election law violations, mass marketing fraud, health care fraud and bribery.

White-collar crimes are not victimless. Sometimes, a single scam is enough to sabotage a company or devastate a family financially by wiping out the savings of their entire lives. It can even cost investors billions of dollars. The fraud schemes nowadays are more sophisticated than ever before.

White-collar criminal charges are a complex and evolving area of the law. There is variation among the criminal penalties of white-collar crimes. Most states charge the convicted with a fine and a prison sentence, and sometimes a combination of both. The criminal laws approve maximum penalties, which are quite severe most often. However, less than the maximum sentence is authorized to most of the defendants.

The sentencing guidelines followed by the courts vary depending upon the jurisdiction. The guidelines are followed in order to ensure that the criminal sentences are uniform, therefore, the judge is given little choice while imposing the sentence. Any prior criminal record and the crime for which the defendant is convicted are taken into consideration. The court, in some cases, may also consider factors that will enforce a sentence other than the sentence required by the guidelines.

A defendant who does not have any significant criminal record may be sentenced to probation, a postponed jail sentence, or a jail sentence that is far shorter than the maximum sentence. The convicted may also be charged with fines and is often required to confiscate any loss or pay compensation money to their victims.

There are a few strategies to defend oneself from being convicted of a white-collar crime:

  • Showing a lack of intent to commit a crime (for example, proving that you never intended to deceive someone) can help drop your charges. You can do this by preventing prosecution from proving intent
  • Demonstrating a lack of knowledge of unlawful activity occurring and your participation in it. When multiple parties are involved, it can give you a save passage
  • If you were made to forge documents by force, then you can take the help of coercion in the court room. Threats, fraud or force can also be used for entrapment defense to stick
  • Plea bargain may also be used when the defendant wants to admit his guilt. A shorter sentence is offered in exchange of guilty plea

Author Bio:

Scott Cohen is a highly qualified and dedicated Philadelphia Family Lawyer who can help you. Learn more about your legal options during a free consultation Call (267) 297-2952

Are Red Light Cameras Actually Protecting the Public or Just a Revenue Source?

By | Traffic Ticket

In a recent interview with Fox News, I spoke about the legitimacy of red light camera systems. For many Orlando drivers, seeing that flash at a red light is very stress inducing. To make matters worse, you are forced to wait, day by day, until you receive a letter. Most people are unaware of exactly who is behind the red light cameras that we all have come to loathe.

A private company is in charge of building red light cameras all across the country. They are also behind those letters that you receive, ordering you to pay them immediately. Receiving this letter, whether you were aware of your infraction or not, is a very stressful situation to be in.

Did you know that these red light cameras aren’t as safe as you were led to believe?

A study done by the Florida Department of Highway & Motor Vehicles found some interesting facts concerning red light camera systems. Their report found that intersections with the red light cameras actually saw an increase in reported crashes for 2015-2016! Rear end crashes, the kind involving no serious injuries, increased by 11%. However, the more shocking statistic is when we look at injury-inducing crashes. What this report found was that there was a 27% increase in injury crashes at intersections with red light cameras.

If intersections with red light cameras are causing more wrecks to occur, who are they really protecting?

Perhaps, the private companies, who are funded by money received for violations are the most protected. It is said that these cameras are put in place to protect the public. Higher amounts of crashes at intersections with these cameras seem to be protecting no one but the pockets of private companies.

Isn’t it strange that we pay a private company for a law infraction, instead of actual law enforcement?

Changes in weather conditions, the amount of traffic, and length of yellow lights are all variables that can lead to you running a red light. One-tenth of a second, the time it takes a yellow light to change to red, is all it takes for a private company to presume your guilt. Don’t let a private company continue to earn money from you. If you have received a letter in the mail, ordering you to pay a hefty fee, give our office a call right away.

If someone is going to run a red light, it is unlikely that a camera will stop them. In many situations, the person that has planned to run a red light isn’t going to stop and check for a camera. The accuracy of a red light camera, in determining who exactly is driving, is a heated source of debate in courtrooms across the country. The presumption of red light cameras accuracy is a topic that has been fought against for years. If you were found at fault, don’t let a camera be the judge and seal your fate, let your voice be heard!

Received a red light ticket? Contact me today and I will stand in your corner. Talk to a traffic lawyer who has handled many cases involving red light cameras.