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Constitutional Rights Of Criminal Defense Clients

By
Brian J. Smith
0

The United States Constitution guarantees certain rights for anyone accused of committing a crime. These rights are specified in the first 10 amendments to the Constitution which are known as the Bill of Rights. When it comes to criminal procedures, the most important of these amendments are the Fourth, Fifth, Sixth and Eighth Amendments.

The Bill of Rights ensures individual liberty by placing constitutional limitations on government power. Over the years, state and federal courts have expanded on the definitions of the rights contained in these amendments, and understanding them is essential when preparing a criminal defense case.

Fourth Amendment Rights

The Fourth Amendment provides Constitutional protection against unreasonable searches and seizures. This amendment was drafted to protect individual liberty by preventing unlawful government intrusion into citizens’ homes without cause. Government agents need to get a warrant before they can enter a house to conduct a search and seize property to be used against a defendant in court.

In order to get a search warrant, government officials, such as law enforcement officers, must present a judge with an affidavit that shows that they have probable cause to believe the subject has committed a crime and that evidence of that crime exists in a specified location. If a judge is convinced that there is probable cause, he will issue a search warrant that allows law enforcement to search the location and seize evidence related to any crimes mentioned in the affidavit.

However, there are a number of exceptions to the search warrant requirement, including cases like when there are “exigent circumstances.” Criminal defense attorneys are experts at challenging the lawfulness of search and seizures of property and persons. 

Fifth Amendment Rights

The Fifth Amendment ensures a number of rights relevant to criminal defense cases: The prohibition against double jeopardy, the guarantee of due process, the right to a grand jury and the right against self incrimination.

Most people have heard of the Miranda rights. In Miranda v. Arizona, the United States Supreme Court held that before any custodial interrogation, the police must inform the suspect that they have the right to remain silent and the right to speak to an attorney before any questioning. The suspect must also be advised that if they cannot afford an attorney, one would be appointed. Additionally, a suspect must be told that anything they says can and will be used in court against them.

Sixth Amendment Rights

The Sixth Amendment guarantees criminal defendants the right to be represented by an attorney during the criminal justice process. If they can’t afford an attorney, one must be appointed to represent them.

The Sixth Amendment also guarantees a criminal defendant the right to a speedy trial and the right to be judged by an impartial jury of his peers. And lastly, the Sixth Amendment guarantees the defendant’s right to confront and question witnesses against them. They can also compel witnesses to come to court to testify in their defense. These rights are necessary to ensure that the accused is allowed to present a fair criminal defense.

Eighth Amendment Rights

The Eighth Amendment provides protections against excessive bail being imposed on a criminal defendant. The court cannot require a bail amount that is excessive in relation to the crime alleged.

However, the Eighth Amendment does not guarantee a defendant the right to bail in all cases. In some cases, the court is allowed to refuse a defendant bail altogether. In these cases, the defendant must remain in custody pending trial.

The Eighth Amendment also prohibits a court from imposing cruel and unusual punishment on a convicted criminal. This often comes up in the criminal defense of death penalty cases.

The Criminal Defense Attorney

People accused of a crime should not attempt to represent themselves in court. Criminal cases can become very complicated, and there are many exceptions to every constitutional right mentioned. A criminal defense attorney is experienced in interpreting all of the relevant case law and statutory laws. It takes a great deal of experience to present a compelling criminal defense. Anyone accused of a crime should immediately contact an experienced criminal attorney.

For more information regarding the constitutional rights of criminal defense clients, contact Brian J. Smith, a Las Vegas Criminal Defense Attorney, at 702-380-8248.

When is a Conservatorship Created for a Senior Adult?

By
Chicago Estate Lawyer
0

The court assumes every adult to have the ability to make one’s own financial decisions. However, if the court believes that the adult has become incapacitated due to any reason, it may direct the appointment of a conservator.

A conservatorship in Chicago refers to a court decision whereby a person or an organization known as the ‘conservator’ is appointed to look after the financial affairs of a person called the ‘conservatee’. When does the court create a conservatorship? Is the conservatorship voluntary or involuntary?  You will know the answers to these questions here in this article.

When is a Conservatorship Created for a Senior Adult?

A court may order to appoint a conservator for a senior individual only in certain situations. The conservator is appointed by a judge after a hearing. The court appoints a conservatorship if it is determined that the senior adult lacks the capacity to make financial decisions. This can be due to an injury, illness or disability.

In short, any physical or mental disorder that makes a person incapable of making financial decisions can result in the creation of a conservatorship. Some of the examples when a conservatorship is created for a senior adult include the following.

  • The person has suffered a stroke
  • The person has Alzheimer’s, dementia or other similar illness
  • The person has gone into a coma
  • The person has suffered a brain injury
  • The person has any mental disorder

A conservatorship can be created when it has become apparent that a person cannot look after the financial affairs without the help of others. A conservator is appointed when the senior adult is not able to handle money-related decisions, such as paying the bills, taxes, debts, or fulfilling any other financial obligations.

The proceeding for the conservatorship can be voluntary or involuntary.

In a voluntary conservatorship, the court appoints a conservator at the request of the adult individual who seeks help in managing financial affairs. On the other hand, in an involuntary conservatorship, the court schedules a hearing and appoints a conservator without any formal request by the conservatee.

Is There an Alternative to Creating a Conservatorship?

A conservatorship provides less autonomy over who is assigned to manage the financial affairs of a senior adult. A better alternative to creating a conservatorship for senior adults is a power of attorney. You can designate anyone as a power of attorney for the senior individual. It avoids having the court designate a conservator for the senior individual. This can be more cost effective in the long run as well.

For more information regarding conservatorship and power of attorney, you can contact an experienced attorney in Chicago, IL. Contact Chicago Estate Lawyer if you want expert help and advice regarding any type of estate planning.

Workers’ Compensation vs Employers’ Liability Claim: Differences?

By
Albert Hirst
0

A lot of employees get confused about workplace compensation and employers’ liability. Are they both the same? What’s the difference between the two? Understanding what exactly is meant by these terms is important. Here we will take a close look at both so that you can understand the difference between the two and know your legal rights in case of workplace injury.

Employers’ Liability Claim: What is It?

An employer’s liability claim is different from a workplace injury claim. With an employer’s liability claim, the employee must provide proof of negligence. The employee should prove that the accident that resulted in an injury at the workplace happened due to negligent actions of the employer. The negligent action can be as simple as not offering protective clothing or ensuring safe work conditions.

An employee needs to prove four things in the court to win an employer’s liability claim:

  1. Injury happened at the workplace
  2. The employer had the legal duty to protect employees from injury
  3. The employer is guilty of an action (or lack of action) that resulted in the injury
  4. The employee must have suffered provable damages due to negligent or willful disregard of the safety rules by the employer.

The provable damage can be in the form of lost wages, medical bills, physical pain or other problems that resulted due to the injury.

Workers’ Compensation Claim: What You Should Know?

A workers’ compensation claim also compensates the employees for injuries suffered at the workplace. However, unlike employers’ liability claim, the employee does not have to provide evidence against the negligent behavior of the employer.
An injured employee who receives workers’ compensation cannot file an employers’ liability claim. The compensation amount provides compensation for the following:

  • Income loss
  • Medical Cost
  • Permanent disability benefit
  • Temporary disability benefit
  • Vocational rehabilitation costs

Remember that a workers’ compensation claim does not cover the cost of emotional pain and suffering due to the injury. As a result, the workplace compensation amount is generally smaller than the amount received in case of an employer’s liability claim filed in the court.

Contact Experienced Attorney for Help

If you have been injured in a workplace, you should contact an experienced attorney before filing a workers’ compensation claim. A professional attorney will advise you in taking the best course of action that will result in maximum possible compensation amount.

You should contact an attorney if you have suffered a workplace vehicle accident, repetitive motion injury, or orthopedic work injury. Getting professional help will ensure that you get adequate compensation for the physical, emotional, and financial loss suffered due to the workplace injury.

If you reside in Inland Empire, San Bernardino, Hemet or nearby areas in Southern California, you can contact Albert E Hirst – Workers’ Compensation Lawyer. Our highly experienced team can help you in getting the legal help you deserve. You can contact us by dialing (909) 885-7190.

Hesperia passenger caught in head-on collision

By
Justin King, Esq.
0

In a recent article by The Sun, 41-year-old passenger Delmy Mejia Viera of Hesperia was caught in a head on collision on a Monday afternoon in December. Viera was the front passenger in a GMC Sierra truck that was headed east on the highway between Acorn and Pine Tree roads at 1:30 p.m. At the same time a westbound GMC dual-axle truck coming from the other direction crossed into the eastbound lane causing the two to collide head-on. Viera died at the scene and the other two people in her car were airlifted, as well as the occupant of the other truck, to a nearby hospital. The case is still being investigated by police.

Vehicle collisions happen every day, but until it happens to us we feel unstoppable and even invincible in our vehicles. We never want to imagine and unfortunate event such as the one described here could happen to us or to a loved one as they can be life changing or even worse, fatal. It was not stated why the other driver came into the wrong lane but with driver distraction becoming more of a problem with increased technology use while driving or possible driving under the influence, one could be a feasible explanation to the incident. Despite how it happened, a family will never be the same because of the other driver’s mistakes. A loved one was lost and the other passengers in the cars could have serious injury that may never be remedied, or could inhibit them from working and living a normal and full life.

In any auto accident in California the victim may have right to compensation. Though Viera faced an unfortunate end, her family, as well as the other passengers in her car, can file wrongful death claims or personal injury claims against the other driver if they are found to be negligent and or responsible. These types of cases can be tricky to go through alone, it is important to find an expert attorney that will put forward all of their best efforts to achieve the best possible outcome for their clients. Do not settle for less when insurance companies want to make quick settlements, find an attorney as they can bring in the most compensation to help cover the cost of vehicle or personal damage. Act fast and do your research as personal injury and wrongful death claims are time sensitive in nature in California.

Justin H. King is an experienced personal injury attorney that represents victims in Rancho Cucamonga and surrounding. His firm, Law Offices of Justin H. King provides representation for victims involved in serious and traumatic accidents pertaining to auto accidents and wrongful death claims. Mr. King vigorously and compassionately represents his injury victims against insurance companies as he has achieved numerous six and seven figure results for his clients. If you or anyone you may know finds themselves in a case such as the one above you will want to find an attorney, such as Mr. King, who has the experience and expertise to deal with a traumatic case of driver and passenger injury or fatality. You can visit his website, schedule an appointment at his office located at 3633 Inland Empire Blvd., # 250 Ontario, CA 91764, or call the following number 1 909-297-5001 for a free consultation.

Which Safety Violations Cause the Most Auto Accidents in California?

By
Eric Paris
0

Different parts of California see different numbers when it comes to automobile accidents. Whether it is on a rural road or one of the busiest city streets, accidents occur here every day. Impaired driving, speeding, or distracted driving all contribute to these accidents and all count as negligent behavior when they result in accidents and injuries. It is important to be aware of the safety violations in California that cause the most accidents to help avoid making those same mistakes and being injured or injuring someone else. If you or a loved one has been in an auto accident, contact an experienced California personal injury attorney so that we can help you strategize about the best possible outcomes for your case.

Safety Violations that Cause the Most Accidents

Each year, there are hundreds of car accidents that occur throughout California, and unfortunately, many of these accidents occur due to auto safety violations. These safety violations generally consist of:

  • Speeding, which is the number one safety violation that results in accidents;
  • Unsafe lane changes result in numerous auto accidents. When unsafe lane changes occur, it is generally due to a driver being inattentive or failing to look in his or her blind spot before changing lanes. These safety violations are particularly common in the case of trucking accidents;
  • Following too close is a safety violation that results in excessive damage to vehicles and often contributes to motorcycles accidents and rear-end accidents;
  • Unsafe left turns and U-Turns are the number one cause of head-on collisions and side impact collisions;
  • Drivers who are under the influence of drugs or alcohol cause thousands of auto accidents in California annually; and
  • Distracted Driving such as texting or talking on the phone can cause serious accidents, injuries, and death.

When these safety violations occur and someone is injured in an auto accident, it is invaluable to seek legal advice and representation and to seek recourse if you or a loved one has been injured.

 Need Legal Advice?

Accidents happen, but accidents can also be avoided. It is invaluable to understand how you might contribute to an accident and to avoid one at all cost. If you were involved in an auto accident that was caused by a safety violation and the negligent behavior of someone else, you deserve to be compensated for your injuries. If you or a loved one has been in an auto accident, contact an experienced personal injury attorney at The Paris Firm to help you with your case today.

New to California, REAL ID Driver Licenses and ID Cards in 2018

By
Rob Collier, California Drivers Advocates
0

In a recent article posted on the Department’s website, the California DMV made an announcement regarding the new REAL ID Driver Licenses and ID Cards due to roll out in 2018. Starting January 22, 2018, at DMV offices statewide, Californians may choose to apply for either a REAL ID or a federal non-compliant card. The new REAL ID/ Driver License cards will be required for any person boarding a domestic flight or entering certain Federal facilities. If one does not wish to obtain these cards then that would mean they do not fly, or do not plan to visit a military base or certain federal facilities. Not everyone is in need of a REAL ID and will have the option to apply for a federal non-compliant driver license or ID card at the DMV if they wish. According to the article, valid California driver licenses and ID cards will continue to be accepted by TSA to board a domestic flight and by federal agents to enter certain Federal facilities until October 1, 2020. After that date, a REAL ID or other federally accepted ID will be required. The DMV wants to remind customers they do not have to come into a field office immediately to apply for a REAL ID card. You may still use a valid California driver license or ID card for federal purposes until October 1, 2020. Customers can always use a passport, military ID, or TSA-approved identification documents in lieu of a federally approved driver license when traveling.

California Drivers Advocates is a firm devoted to defending commercial drivers at the DMV when their license and driving privileges are at risk of suspension or revocation. Rob Collier is the President and CEO of the company. Mr. Collier is a Distinguished Graduate of the Los Angeles County Sheriff Academy and the Los Angeles County Sheriff’s Special Weapons and Tactics School. As a member of an Orange County DUI task force, Mr. Collier has made more than 1,000 arrests for DUI. He has also written or reviewed more than 4,000 DUI arrest reports. Mr. Collier is an expert in all forms of driver license suspension or revocation. Visit Rob and his team at their website or contact them at 1-888-281-5244. They will be happy to answer any questions you may have at a no cost.

 

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