Category: Law

Vital Information About Plea Deals

When an accused offender faces criminal allegations they want nothing better then to curtail the potential repercussions for their irresponsible actions. Being judged innocent by trial would be their ideal choice however, they also understand that there may be sufficient evidence in the hands of the prosecution to put them behind bars for a good many years. In these situations the accused may deem their best course of action to avoid prison time is to agree to a plea bargain.I strongly suggest you to visit do plea deals really work to learn more about this.Image result for Plea Deals

Plea bargaining is nothing more then a defendant and prosecutor agreement whereas the accused agrees to a guilty plea in exchange for specific concessions from the state prosecutor. As a nation where individual rights are honored above all else, these plea bargains are viewed by some as an extension of their inalienable rights, while the victims in most case assert that it is a means of depriving them of their moment of justice. Many factors from both sides come into equal play as the individual plea bargain offer is created. Both the defense and the prosecuting attorney must weigh the various strengths of their case before making a firm decision. It is estimated that 95% of the cases appearing in court are resolved by the process of pleas bargaining (Watson 2010). In high profile cases the prosecution would do well to take into consideration the feelings of the public in their recommendations.

Pros and cons as they relate to plea bargaining usual produce some heat discussions based upon both sides of the issue. The general procedure is that in a case of maximum sentence being imposed the prosecutors may offer the defendant a mere fraction of that in the event he or she will select a plea of guilty. In most cases a selection between either a guilty plea and of a trial will affect the final sentence handed down by the judge viewing the case.

The major advantage offered in support of plea bargaining is that the process saves the state valuable resources by the absence of a criminal trial. The defendant naturally gains the most benefit with an agreed upon plea bargain since they will ultimately avoid the uncertainty associated with the criminal trial as well as not receiving the maximum penalty for their suspected crimes. Although in reality the defendant should have been penalized for his infringement of the laws he is actually being rewarded for pleading guilty to a lesser offense thus saving the court crucial time as well as space within our penal institutions. A review of the criminals who are currently serving time for minor offenses is phenomenal. Plea bargaining actively opens up an avenue for the minor offenses to be dealt in a slightly different manner. In addition to the requirement for less prison time it effectively opens the door for convictions of the more hardened criminals.

Not all of the plea bargaining cases will hinge upon economic consideration. Judges often wish to reduce the docket overload and ease the strain upon the court system (Palmer 1999) while the prosecutors look good if they have a high conviction rate. The public defenders really do not care to be in those situations where they are required to do “pro-bono” legal representation, so they would like nothing better then to tie up the loose cases and get on with their more fulfilling cases. Those private defense counsels hired by the defendants do not actually care what the outcome of the case will be as they will receive payment regardless of whether their client goes to trial or accepts a plea bargain.

Looking closely at the disadvantages of the courts plea bargain program we find the greatest disadvantage of plea bargaining is that the victims or their families fail to see the justice unfold that they feel should have been dealt out by the court system. This often puts a sour taste into the mouth of the families and appears to them as if they were forsaken by the judicial system. This is particularly dominant in capital crime cases. Secondly, there is a possibility that an innocent defendant that selects the plea bargain as an option is one who is fearful of a guilty verdict in a trial by jury (Bowers 2008). With the high use of plea bargaining there are greater episodes of poor police investigations or even the defenses attorneys who may fail to properly prepare the case for presentation.

There are also many legal representatives who feel that the process of plea bargaining is essentially unconstitutional since it deprives the accused of the constitutional right for a trial by a jury. It is contended that the process should be abolished as many view this legal program as placing the complete legal system under a compromising cloak of injustice. It dishonorably displays an unfair attitude towards the victim while it dampens the value of our legal professions. In all reality if the case is presented and properly backed with adequate evidence the criminal will be judged and promptly sent to a prison as described by law. On the other hand, in the event that the prosecution fails to properly establish guilt with evidence they possess then the defendant rightfully should go free.

Legal tips for compliance – An Overview

A contract compliance program is designed to make sure that employers doing business with the local and Federal government, etc. comply with the laws and/or regulations which usually require non-discrimination and and affirmative action in employments. The entity related to these procedures is the Office of Federal Contract Compliance Programs also referred to as ‘OFCCP’ which is part the U.S. Department of Labor’s Employment Standards Administration.

According to the Labor Compliance Program and labor law requirements the contract should address the following procedures:

The Payment of Prevailing Wage Rates: This section is all about the regulations and laws relating to prevailing wage rates. Basically contractors and the subcontractors hired to complete the job are required to pay workers the wages specified on the labor code. If the project goes over the estimated amounts then it is necessary to refer to more specific sections under the same code. All information pertaining to wages should be posted for all workers to view.

Apprentices: Under this section contractors and subcontractors are required to follow the labor code section 1777.5 by hiring registered apprentices at the time to execute a public work project. We get more info on legal tips for compliance

Penalties: As expected, if the contractor or subcontractor fails to comply with the laws related to prevailing wages there will be penalties. These are also applicable if the parties mentioned fail to employ registered apprentices which also includes forfeitures and debarments.

Certified Payroll Records: This section is designed to make sure that contractors and subcontractors keep accurate payroll records which should show all the details about the employees, apprentices and workers. Information such as hours worked, overtime, social securities, names and addresses are required. These documents should be certified and made available for inspection throughout business hours and submitted to to the district every week as well.

Non-discrimination in Employment: This is actually pretty obvious but required element in this type of contract. Employment discrimination is prohibited under the government, labor, public codes, etc. It is also required for employers to to keep an ‘Equal employment poster’ at the job site for applicants to see.

Kickbacks Prohibited: This is also a pretty important section of the contract, which establishes that employers are not allowed to extract ‘kickback’ or to take wages illegally from an employee wage.

Acceptance of fees prohibited: As the title implies, contractors and subcontractors are not allowed to receive ‘fees’ in order to register or filling work orders which enables a person for public work.

As you can see a contract compliance program involves several requirements which need to be fulfilled in order not to brake any laws or codes. Other equally important sections often included in such contracts include, but are not limited to: Workers Compensation Insurance, licensing, prohibition of unfair competition, O.S.H.A. regulations, subcontractor listings, etc.

Strategies to Battle Traffic Tickets

You may be thinking that acquiring pulled over by the police officer for just a traffic infraction is stressful, but if you’ve ever been on the actual receiving stop of traffic tickets you are aware that the stress does not stop there. Upon having received a violation you have the use of paying the charge and having check in stick to your record, at least to your state’s necessary period of time. Some sort of traffic infringement will also boost your insurance top quality rates. Your second option is for you to dispute your current violation in a very court of law. Several states will help you challenge an officer’s subjectivity. Challenge your officer’s view of the way he/she perceived your movements. Getting pulled over for making the ‘unsafe’ left turn can be easily inhibited. Describe how a officer was at a vantage point where he/she could not make this call. Describe how we were acting accordingly along with safely. To prevent the predicament of your phrase against the officer’s word, bring informative evidence with you. Typically, when it is your narrative against the history of a legislations officer this judge will most likely side with the officer. Which means you can not rely solely in your words as a method of safeguard. In order to elevate doubt inside the mind in the judge, you have to bring convincing evidence of banking account of what occured. more info here

If possible provide eyewitness accounts on the incident. Those who seen the actual alleged episode such as individuals or bystanders perform as eyewitnesses. Slides, such as a uncomplicated diagram featuring your vehicle and the police car or truck can be helpful supports. These blueprints can explain how the policeman was not capable of make a distinct call coming from his vantage point. Footage usually are another example of visual aids. Carry photos involving hidden or even damaged street signs. This will assist illustrate how you will did not see the sign. It’s also possible to use this as the second means of describing the officer’s weak vantage point. By way of example, snap a few pictures from which the police vehicle was standing, in addition to where your own vehicle seemed to be. This may increase questions about how clear of any judgment the police officer built.

Proving there was clearly circumstances away from control may help in your favor. By way of example, if you unknowing passed a walking walk for the reason that strips weren’t visible (simply because they were light), how could you get stopped? You might not cease because you couldn’t know you had to stop in the first place. Which you find in the infraction, although committed, an honest oversight. In some instances looking to prove that your particular actions were legally justified may help to your advantage. You may have been driving slowly and gradually in the remaining lane so that you can prepare for a legitimate left switch. Although you may have already been driving slowly but surely, you were preparing to make a secure turn. Sometimes it may feel similar to beating the system is impossible. Additionally, it can be easier to just pay for the fines linked to traffic tickets and proceed. On the other hand, traffic violations can be quite costly but not only from the immediate perception. You will have to deal with increased rates as a result of this kind of violation likewise.

All About Mandatory Minimum Sentences and Statistics for Florida

Another type of federal drug offense is a drug related offense. Drug related offenses happen when the effect of using the drug leads an individual to commit further offenses. Drug-related offenses occur when a drug user exhibits violent behavior due to drug use or steals in order to acquire money to purchase drugs. Often times, drug use leads a person to make choices that they would not normally make. Because of this, it is easy to find yourself committing a crime the one might never consider when under the influence of illegal drugs. Federal drug crime charges can be very frightening and it is important to have a dedicated criminal defense attorney familiar with federal criminal law who will answer any questions you may have quickly and in an easy to understand manner. Checkout for more here.

A federal drug charge may carry a severe minimum mandatory sentence and can significantly affect all aspects of your personal and professional life. For example, in many cases, minimum sentence for first offense drug trafficking will be not less than five years and if death or serious injury are involved, not less than twenty years. Monetary penalties can reach into the millions of dollars. Once second and more offense have occurred, an individual can end up sentenced to life imprisonment. This includes marijuana as well as any other controlled substance used illegally. It is important to understand the severity of the charges and ensure that you are represented by a federal criminal lawyer who has the knowledge to defend this type of charge.

Drug cases can involve a search and seizure of your home or vehicle, as well as being taken into police custody. The Constitution of the United States of America prohibits unreasonable search and seizure of an individual’s property. This is your right as a citizen, but this right is somewhat limited. Sometimes, police take liberties in stopping people without probable cause, and arresting people based on illegal foundations which lead to an unreasonable search and/or seizure. The experience that the attorney offers can be crucial in determining if drug charges were made due to an improper search and seizure.

Don’t make the mistake of hiring just any defense attorney. In the case of federal drug charges, it is crucial to find an attorney with experience in this specific area of law. You don’t want to leave your defense to the first lawyer you find on Google. Take your time, do some research and find a criminal defense attorney who is knowledgeable and experienced with this type of charge who will do their best to defend your rights in court.