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Category Archives: Crimes

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2 weeks ago Crimes

Animal Cruelty Has Been Listed as a Federal Crime

In late November, President Trump signed a bill into federal law making it a federal crime to abuse animals. All animals are included in the law, including mammals, birds, reptiles, and amphibians.

The law expands on a bill former President Obama signed while his time in office, but goes one step further. The new law closes what some people called loopholes in the old bill that still did not hold animal abusers accountable for their actions.

The Old Law

The bill signed into law by President Obama banned what are known as ‘crush videos.’ These videos depicted animal cruelty and held individuals responsible for making the video responsible for their actions. The law did seem to lessen the number of videos depicting horrific acts against animals.

However, many people still criticized its effectiveness. These critics stated that, although it is essential to prohibit these videos, it did nothing to punish the actual acts that were being depicted. Now, the new law is attempting to change that.

The New Law

The new law, known as the Preventing Animal Cruelty and Torture Act (PACT), was passed with overwhelming bipartisan support. This law bans certain acts of violence, including the drowning, suffocating, burning, or crushing of animals. Although each state already has its own laws pertaining to animal cruelty, making it a federal law brings harsher penalties for those that partake in these activities.

Another important aspect of the new law is that it is a federal law. This means that anyone that engages in animal cruelty over different state lines can also be held responsible in federal court. This is something that state laws have no control over, and that many people felt was necessary.

The new law has also been supported by law enforcement groups across the country, including the Fraternal Order of Police and the National Sheriffs’ Association. These groups have indicated that there is a clear link between violence against animals, and violence against humans. That is to say that someone that is prone to be cruel to an animal may take that cruelty out against humans, as well.

“The new law is being praised by the general public,” says criminal defense attorney Floyd Oliver of Floyd Oliver Attorney at Law. “Making a new federal law does close some of the loopholes of the old law, but there are still some limitations to it. As always, law enforcement must be vigilant that they do not become overzealous and prosecute those that are innocent.”

Possible Limitations to PACT

Violations of federal law typically have harsher sentences that when a state law is broken, and PACT is no different. The penalties for those convicted of this federal crime include a prisonhttps://www.halt.org/knowing-your-rights-what-is-a-bail-bond/ term of up to seven years, or a high fine. Although this may be a fair penalty under honest circumstances, there will likely be people that will face these penalties when they have not committed any crime.

Under the new law, there are several exceptions. This is not unusual, as oftentimes, one bill cannot cover every situation. The exceptions under PACT include acts carried out as a part of hunting, medical research, and euthanizing. There is also an exception for livestock, or “agricultural husbandry” as it is referred to in the law.

This agricultural husbandry exception includes some types of dogs, as certain dogs are considered livestock. These dogs are licensed by the Agriculture Department, although not all dogs are. This means that even two dogs on the same property could be classified differently, with one dog being considered a domestic animal and another livestock.

Some have concerns that these different classifications may lead to innocent people being charged and prosecuted under the new animal cruelty law when they have not done anything legally wrong. Law enforcement officials must be properly trained in the new law to ensure that innocent individuals are not held liable for something that is not a violation of the law.

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3 weeks ago Crimes

Problems With White-Collar Crimes. How Michael Diaz Jr. Handles Them

Increased population and advanced technologies have led to increased crimes, especially in urban areas. Corporate, financial, and economic fraud is a significant problem affecting many people across the world. These crimes involve theft and fraud, but no violence or physical damage is involved.

The perpetrator affects the businesses and investor’s life through economic loss. Here is essential information on these white-collar crimes and how the top lawyer Michael Diaz Jr. is handling such cases.

Clear insight on White-collar crimes

White-collar crimes encompass a wide range of frauds that affects the economic growth of many businesses. These crimes involve fraudulent acts and illegal financial transactions conducted in a sophisticated way by the perpetrators. These crimes include;

  • Blackmail- these entails asking the affected person for money so as not to disclose private information that could ruin their legacy.
  • Bank fraud- involves that banks overcharging their clients
  • Embezzlement- involves using money assigned for a different project for personal gain.
  • Money laundering- it involves concealment of the origins of money transferred to the bank or in any other legitimate business.
  • Tax evasion- occurs when people fail to pay taxes by not registering their businesses.
  • Forgery- involves creating a new item from another person’s idea.
  • Insider trading- involves a person putting personal interests above those whom he or she owes a fiduciary duty. This crime affects the value of the company’s stocks.
  • Antitrust violations- this crime involves customers being abused through price discrimination or overcharging.
  • Bribery- this involves giving money to someone with power or authority to bend the rules and ensure things are done as per expectations.

What makes White-collar Crimes complicated to handle?

These crimes have become prevalent with the advancement in technology. Many issues make these crime sectors complicated and, at times, challenging to fight for justice. It is difficult to document the extent of the crimes. The investigations Bureau insists on collecting information on only three categories.

Forgery, embezzlement, and fraud are the only crimes documented, which is a problem since many related crimes are affecting a large group of people. All the other white-collar crimes are listed as others. There is a problem since it’s challenging to get the justice that fits the crime.

The justice system recognizes white-collar crimes as a significant problem, but the set laws treat these criminals with lenience. The perpetrators in modern society use advanced technologies such as computers and have gained extensive knowledge to commit complex transactions.

These complex transactions are hard to identify and, therefore, hard to catch the criminals. After transacting, they delete the files leaving no trace of evidence. The reconstruction of these electronic records is difficult and expensive.

How Michael Diaz Jr. Miami Lawyer handles white-collar Crimes

Michael Diaz Jr.is, a renowned lawyer with extensive skills and experience to handle fraudulent crimes and seek justice. He takes time to investigate and find the bottom line of the case to build strong evidence to win the case.

Michael Diaz Jr. Miami Lawyer represents both international and local clients in joint ventures, banking, finance, customs, and domestic sectors. He is reputed with finding justice for his clients through going straight to the point and conducting parallel investigations on complex transactions.

Michael Diaz Jr. advises his clients on what to expect guides them in every justice step to take. He has over three decades of experience, therefore, identifies different white-collar crimes effortlessly by comparing to previous cases. He has won many claims and guarantees to get justice to the affected parties.

White-collar crimes have become a common problem affecting millions across the globe. To find justice, there are devoted and experienced lawyers like Michael Diaz Jr. to ensure the criminals spend time in prisons

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Claims Made vs. Occurrence Malpractice Insurance Explained

Every year across the United States, professionals across all industries pay out a total of around $55 billion a year in malpractice lawsuits. These claims are made when an individual suffers physical, emotional, or monetary damages due to proven malpractice from a business.

This is why having proper malpractice insurance coverage in place is absolutely vital.

There are two main types of malpractice insurance: claims made and occurrence insurance. It is essential that you know the difference between claims made vs occurrence malpractice insurance.

In the event that someone files a malpractice suit against you, having this coverage may well stop your business or practice from going under. Here is what you need to know.

Claims Made vs Occurrence Malpractice Insurance: Who Needs It?

Before getting into the key differences between occurrence vs claims made, it is worth explaining who actually requires it.

Medical practices are the chief customers, as they are most likely to be sued for malpractice if a patient receives physical or emotional damages due to malpractice.

However, general liability insurance of this kind is needed for any industry that physically deals with people.

One of these is security. If you own a security company, then use a well-known provider such as El Dorado Security Guard Insurance to ensure that you are properly covered in the event of a malpractice claim. This will ensure you do not have to bear the full costs of a seven-figure lawsuit.

Claims Made Insurance Explained

Medical malpractice insurance can be ‘claims made’. Essentially, this means that you are insured for a claim made during the period of the policy being in force. The incident in which the claim was made also needs to have occurred during the policy period.

This means that your coverage starts when the policy begins, and you are covered for anything that occurs during that period related to malpractice. When assessing occurrence vs claims made malpractice, this type of insurance is much cheaper.

This is because you are paying for continuous coverage, rather than paying to cover yourself as a result of an incident that has already occurred.

Occurrence Malpractice Insurance Explained

However, when weighing up the difference between claims made vs occurrence malpractice, sometimes occurrence is the right option. This is the type of insurance you will want if you are not covered and a real or potential malpractice incident occurs.

Occurrence insurance covers you for any incident that occurs during the policy year, regardless of when the claim is actually reported to the carrier. This means that if the incident occurred before you activated the policy, you are covered.

This type of insurance is more expensive than claims made insurance. This is because it is often sought out after a potential malpractice incident has already happened, meaning that a claim may be imminent.

However, it is still a lot cheaper than paying the costs of the lawsuit yourself.

Learn More

Knowing about claims made vs occurrence malpractice insurance is the first step toward being prepared for a lawsuit. Make sure to get in touch with our experienced legal team today if you believe a malpractice lawsuit is headed your way.

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2 months ago Crimes

What Are War Crimes and Who Can Be Charged?

If you’ve watched the news over the past twenty years you have may have heard terms such as genocide and war crimes. Many soldiers have been accused of war crimes in recent conflicts. These conflicts include the Iraq War, the conflict in Bosnia and the Troubles in Northen Ireland.

But what do those terms actually mean in a practical sense? And what constitutes a war crime? What laws govern such crimes? If you’ve been a soldier or are in need of a war crime lawyer, here’s everything you need to know.

The International Criminal Court

You may have heard of the International criminal court (ICC) which sits at The Hauge in The Netherlands. It is a supranational institution: its jurisdiction is above those of individual nation-states. This means the court prosecutes war crimes committed around the world. The concept of a world court that could prosecute leaders of nations and soldiers for committing war crimes was first muted at the end of the First World War.

The Nuremberg trials of 1945-46 that tried Nazi leaders were the first trials of their kind in modern legal history. Very few of the crimes committed by the Nazis were illegal under German Law. The Nazis used the law and the courts as a means to enable their crimes.

The war crimes trial of the Nazis were a way of illustrating to the world that there should be a global law when it came to the way countries acted in warfare against each other.

A recent example is that the ICC is currently investigating the leader of Myanmar, Aung San Suu Kyi, for war crimes and alledged genocide. The ICC is also investigating the Israeli and Palestinian conflict in the Middle East.

The modern-day court was established in 2002 and generally only intervenes under guidance from the U.N Security Council. However, the U.S is not a member of the ICC.

The U.S and the ICC

The United States is not a member of the ICC and this stems partly from the constitution which makes it difficult for a President to ratify a treaty, requiring a two-thirds majority in the Senate.

The U.S does transpose international laws regarding war crimes- the Genova Convention – into its own domestic laws, however, and President Obama gave America observer status in the ICC. This means those accused of war crimes are tried in the U.S rather than in The Netherlands or elsewhere.

Be sure to consider the Law Offices of Richard V. Stevens to represent you as they have a focus on war crimes.

The War Crimes Law

The U.S law on war crimes specifies the following crimes as acts of war. Usually, the person accused must be a serving member of the U.S armed forces.

Torture and Cruel Treatment

Regardless of whether the person detained has information that could lead to saving lives or whether they themselves have committed war crimes, torture of any kind constitutes a war crime. This includes waterboarding. As well as torture, cruel treatment is also included in the list of war crimes which could include starving a prisoner, performing experiments on them or depriving them of basic human rights.

The inclusion of experiments is a clear reference to the Nazi doctor Joseph Mengle, known as the Angel of Death, for his cruel experiments on Jewish people in concentration camps such as Auswitch.

Murder, Mutilation, Sexual Assualt and Assualt

These crimes are already illegal under U.S law for ordinary civilians. However, they are explicitly prohibited under the war crimes act to ensure the person committing them while serving as a member of the U.S armed forces is tried as a soldier rather than a civilian through a Court Martial process.

The Penalties and Court Process

The penalties for committing war crimes are severe. They include the death penalty if the crimes involved a death, though this depends on the circumstances and life imprisonment.

Committing a crime while serving as a solider is often seen as more severe then if the person had committed the crime as a civilian because they were wearing the uniform of the United States and are supposed to be representing their country.

Statute of Limitations

There is no statute of limitations when it comes to prosecuting war crimes and it doesn’t matter if the crimes took place inside or outside the United States.

This is why men in their 90s who are alleged to have committed war crimes during World War II are still being hunted and called to account. It is seen as important that there is no time frame on those who have committed war crimes.

War Crimes are Complicated Hire a Good Lawyer

Anyone who has been alleged to have committed war crimes will need a good war crime lawyer who understands the complicated nature of war crimes prosecutions. Often such cases will receive extensive media coverage meaning there will be lots of pressure on them and the legal system that could taint the trial and the way they are perceived.

There is no statute of limitations on war crimes and there are no geographical restrictions which means somebody could be tried for alleged crimes that took place forty years ago in a foreign country. This could make collecting evidence for the defendant to defend themselves difficult. Many witnesses who could exonerate the defendant or speak in their defense might have since died.

An expert military lawyer will know how to address and solve these issues to ensure the defendant gets a fair trial.

If you are interested in reading more about war crimes then be sure to check out the rest of our site.

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5 months ago Crimes , Laws

What Is Financial Crime? All of Your Biggest Questions Answered!

Have you lost money or property due to fraud? You have probably been a victim of financial crime.

But just what is a financial crime?

If you’re not a criminal lawyer or a crime-buster, you certainly know little about financial crimes. This means you can be a victim without knowing or you can even commit a financial crime accidentally and find yourself in trouble.

This is why it’s important to brush up your knowledge of financial crimes. Continue reading to learning more about this, including the different types of forms of financial crime.

What Is A Financial Crime?

By definition, financial crime is any crime committed against property. In this case, property can be anything from money in a bank account to a physical building.

The goal of most financial criminals is to gain monetary benefit. For instance, when a person manages to siphon money from your credit card or bank account, it’s usually because they want it for themselves.

Types/Forms of Financial Crime

There are several types of financial crime. Here’s a brief breakdown of the most common types.

Tax Fraud

Did you know about one in every six dollars owed in federal tax goes unpaid?

If you or your business doesn’t pay your taxes, you could be guilty of tax fraud or evasion.

There are a couple of ways this fraud can happen. If you underreport your income so that you owe less in federal taxes, for instance, the IRS won’t take long to discover your illegal activity. www.paystubs.net has an informative article on the consequences of using fake paystubs to manipulate your earnings.

Depending on how long a person commits fraud and the amount of money involved, they could face anything from hefty fines to time behind bars.

Money Laundering

Money laundering involves trying to make illegally obtained money appear legitimately obtained.

Here’s an illustration:

Let’s say person A robs a bank and steals $50,000. They manage to escape successfully. After a while, they decide to start a small business using the stolen funds as capital.

The business picks up and starts making sales. A takes this income and banks it in the business’ account. He/she then withdraws the money and uses it without a worry in the world.

This is a simple case of money laundering, but there are usually more complex ones involving a web of bank accounts across the globe.

Identity Theft

Identity theft happens when a person uses another person’s identification details to commit fraud, such as applying for credit or filing taxes. In 2017, over 14 million consumers in the United States were victims of identity theft.

Terrorist Financing

Terrorists and terrorist groups need money to fund their heinous acts. Anyone who provides financial support, monetary or otherwise, to these individuals groups commits a financial crime.

Understand Financial Crimes

Financial crime is a major issue in the United States and abroad. As a consumer, it’s important to understand these crimes and how they can affect you. Reading this article on “what is a financial crime” is a good place to start, but don’t stop here.

Keep reading our blog for more insights on financial crime and related laws.

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Criminal Injuries Compensation Claims for Domestic Violence

Unlike most compensation claims, a criminal injuries compensation claim will award you compensation from a governmental fund, rather than from the person found guilty for your personal injury.

However, as your domestic violence lawyer will tell you, this doesn’t change the process of a settlement or trial, regardless of the reason for it – be it domestic violence or personal injury that resulted from other types of criminal acts.

Applying for Compensation

If a case – or more – of domestic violence has resulted in your injury, then you can make a Criminal Injuries Compensation Claim and be compensated, directly by the government, for your injuries.

Still, there are some things that you have to take into account before applying. For example:

  • You must not be living with the abuser and you cannot plan on living with them again in the future.
  • The domestic violence act has been reported to the police in a timely manner – as soon as possible.
  • During the investigation, you must have attended court – if it was necessary – and cooperated with the police.
  • In order to apply for compensation, the abuser must have been prosecuted for their crime.
  • You must have not been the cause or the one who provoked the domestic violence incident.
  • You must make a compensation claim within two years of your injury date.
  • Lastly, you can apply for compensation if it is certain that a violent partner or abuser would not benefit from the compensation.

Naturally, most of the points mentioned above are there to make sure that the victim is not plotting with the alleged abuser in order to get compensated or that the abuser is not threatening/forcing the victim to apply for compensation.

What Can You Be Compensated For?

When it comes to compensation, you can receive awards for a variety of injuries, as well as several other things – generally, criminal injury compensation claims work similarly to personal injury cases.

For example, you can be awarded compensation if:

  • You had mental or physical injuries that resulted from domestic violence/violent crime.
  • You experienced loss of earnings, as well as future loss of earnings, as a result of the domestic violence. However, you must have been unable to work for at least 28 weeks after you’ve been injured/abused.
  • You have experienced certain types of expenses – such as medical and dental bills. These are labeled as special expenses and you can claim them if you have been incapacitated for more than 28 weeks after the incident/domestic violence incident. 

The Bottom Line

As you can see, a criminal injuries compensation claim works almost like a personal injury claim. On top of that, the injured party can apply for it even if they have been the victim of domestic violence.

This type of claim basically ensures you compensation – if you are eligible – without having to go to trial or try to settle with your abuser. Naturally, a domestic violence lawyer is able to give you more information about how to make such a claim, as well as about the process behind it.

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Criminal Defense Attorney Tips: Healing From A Sexual Assault

Surviving a sexual assault is quite an ordeal; the kind that will likely leave you with post-traumatic stress in one form or another. For what it’s worth, do know that you are not at fault for what you’ve been through, and there is light in the times ahead of you. Although it may take a considerable amount of time to process this, with the right frame of mind and the necessary support, you will once again rebuild your sense of self-worth and attain emotional balance, coming out of it stronger than ever before. In no particular order of significance, there’s a whole lot you can do to put all of this behind you:

  1. Find someone you can trust

Going through recovery alone means you’re only going to be making everything needlessly harder on yourself. Instead, it’s better to find someone you can trust and open yourself up to what happened. Remain communicative. Sure enough, there’s stigma all around, but that’s all the more reason to open up to the people you trust; those who’ll be keeping it a secret. But whatever you do, don’t keep telling yourself that it never happened; denying the truth will only serve to reinforce the image of being a victim in your mind. If you need to feel vulnerable for a bit and seek solitude while you heal, that’s completely understandable. Just don’t completely isolate yourself for a prolonged period of time – socializing will help you heal.

  1. Don’t feel guilty about what happened

It’s important to realize that what happened to you has absolutely nothing to do with your values or personality. By no means did you bring this upon yourself. Many sexual assault victims are harsh on themselves, thinking they should have done more to stop the attack. However, when you’re experiencing physical trauma, your body gets frozen and you’re often completely unable to move. Thinking clearly becomes quite a challenge, and in the end, you end up doing nothing about it. And if someone you know did this to you, don’t blame yourself for trusting that person; there was probably no way to anticipate it. If you were intoxicated at the time, don’t blame yourself for it – the only one who is to blame is the attacker, no one else.

  1. Stay strong

As you’re recovering, flashbacks may gradually keep coming back, reminding you of the events that transpired. It’s not uncommon for the victims to develop a post-traumatic stress disorder. If you find yourself on the edge all the time, experiencing nightmares, and being overly vigilant even when the threat has passed, it might be time to seek out professional help. This is especially true if these feelings linger on for an extended period of time. Do you get irritated by certain places or smells but can’t find a reason for it? Are you experiencing shortness of breath and a lingering sense of panic even when no immediate danger is in sight? These are all signs of PTSD – if you notice these, try to calm down any way you can. On a positive note, there are specifically-designed techniques for this that can help you.

  1. Learn how to deal with flashbacks

No matter how strong you are, you will likely experience some flashbacks at some point, making you feel as if the attack is happening all over again. By realizing this, you will be much better equipped to take control of the situation and realize it’s, in fact, a flashback, not reality. You’re not a victim – you’re a survivor. Remember that, always, especially when times get tough and flashbacks keep reappearing. When you’re in the middle of a flashback, it also helps to ground yourself in the present reality to prevent your mind from escaping to dark places. For instance, you can describe the room that you are in. Is it the same one as the one in which the attack happened? If not, this is a convincing argument that you’re in the present, not the past. Go over this every time a flashback occurs, and you will ground yourself in the present reality.

  1. Connect yourself to your feelings once again

You may think that staying forever numb will shield yours from emotional trauma. While this may be true, you are also robbing yourself of positive feelings of excitement and enjoy; a compromise that is rarely worth taking. A life without feelings is existing, not living. There are many things you can try to establish the connection to your body and feel more confident again. Have you tried meditation? If you’re the sporty type, martial arts are another thing you can try. Plus, they have the self-defence element to them that will make you a powerful force to be reckoned with and re-establish your confidence. In general, any kind of rhythmic movement will help. Some may prefer dancing, others may like to artistically express themselves by playing an instrument. But no matter which path you take, just get moving – it will get better!

  1. Fight back

Now that you’ve somehow managed to rebuild at least a part of your self-esteem, it’s time to fight back and press charges against the perpetrators. Keep your chin up, lawyer up, and gather the evidence necessary so they will pay for their misdeeds. Do your due diligence and learn more about what’s needed to prevail in court, then push it with full speed ahead. The only alternative is staying silent, but you don’t want that, do you? Punishing whoever did this to you is the only way to make sure the same thing won’t happen to another unfortunate individual. As a matter of fact, people who do such ill-conceived things count on your fear of them as well as your embarrassment in hopes that they won’t get punished. Standing up for yourself may not be the easiest thing on your plate, but it’s the only right one to do.

Conclusion

The road to overcoming this will be long and riddled with obstacles, but by seeing the light in front of you, you’ll be able to pull yourself together and live your life once again. After all, many sexual assault survivors have successfully done so in the past, so keep your chin up and follow in their footsteps.

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1 year ago Crimes , Fraud , Laws

Signs of Nursing Home Abuse and What to Look for When Selecting an Attorney

The sad truth is that nursing home abuse has become really common in the last couple of years. This is specifically why a new niche has been created, as many lawyers focus exclusively on solving this sort of cases.

So, how would we characterize nursing home abuse? How do you determine if one of your loved ones is a victim in this case? Most importantly, though, what should you do in this respect?

Signs of Nursing Home Abuse

First of all, we’ll define nursing home abuse. Expressly, there are specific categories of nursing home abuse, such as sexual or physical abuse, emotional abuse, healthcare fraud, financial exploitation, abandonment, neglect, and so on and so forth.

Considering that the areal of nursing home abuse is quite broad, it is essential to comprehend and address the warning signs.

Statistically speaking, a high percentage of all the nursing homes in the United States have been cited for violations of elder abuse rights and laws. Because nursing home residents are commonly not well-suited to protect their own rights, it is incumbent on family members to monitor, observe, and actively supervise the care of your family member in the nursing home. If you suspect that your loved one has been a victim of nursing home abuse, an qualified nursing home attorney will help you review the circumstances. This is pointed out by a nursing home abuse law firm in Tampa.

With that in mind, the warning signs of physical abuse, for instance, are sudden injuries or unexpected physical conditions that cannot be explained: sprained joints, broken bones, burns, and bruises, so on and so forth. Meanwhile, signs of emotional abuse include the withdrawal from social activities, an unprecedented change in behavior, isolation, and the presence of caregivers that are aggressive.

In the case of neglect or abandonment, then the living space would be dirty, the bedding spoilt, the patient’s personal hygiene is deteriorating, so on and so forth. These are all warning signs that require your immediate action.

What to Look for When Selecting an Attorney?

You’ve decided that your beloved one is a victim of nursing home abuse. What do you do from this point onward? Categorically, the next step is to look for the assistance of a professional that you can trust – namely an experienced attorney.

Evidently, each state has different laws and regulations concerning nursing home abuse, and you should get your facts straight before proceeding with a lawsuit. Essentially, the attorney you choose should be knowledgeable regarding the procedures in the state in which you live. You should ask him/her a range of questions, and, depending on the answers, you should be able to make a sensible decision.

To conclude, note that a nursing home lawyer usually does the following: he gathers critical information for building up a case, starts the legal action, prepares for the trial, negotiates the settlement, commences the trial and resolves the lawsuit. Additionally, lawyers expect ultimate transparency from their clients, which is why you should be honest and disclose all the information you have at your disposal.

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1 year ago Crimes , Criminal Law , Fraud , Laws

Types of Prison Sentences in the UK

The UK government has different types of prison sentences, that are given out to both adults and young people in court. Learn about all of them, in this post.

When the law is broken, and a person is sentenced for a crime, there are varying degrees of prison sentences given. In the UK, our criminal justice system encompasses different types of prison sentences, for those found guilty in a court of law. As each crime is different, some less serious than others, there must be different forms of prison sentencing in place.
We’ve spoken to THB Legal, leading solicitors in Chelmsford serving Essex and East Anglia, about the different kinds of prison sentences there are in the UK. In this post, we will examine what each of these sentences entails, including length and conviction. Learn all about the prison sentencing process, right here.

1. Concurrent and Consecutive Sentences

In cases of criminal law, where the person is convicted of committing more than a single crime, these prison sentences are called concurrent and consecutive sentences. The difference between them is that concurrent sentences are sentences served in conjunction with one and another, where us consecutive sentences are served one after the other. So, if a judge or magistrate sentences the person to a concurrent sentence of one crime equalling 2 years and another crime with a sentencing of 4 years, they will be imprisoned for 4 years in total (as the sentences are served at the same time). As for consecutive sentencing, if the same person has committed one crime and been sentenced for 2 years, with another crime committed where the sentencing is 4 years, they will serve a total of 6 years in prison.

2. Suspended Prison Sentences

Suspended sentences are when the person deemed guilty, serves their sentencing outside of prison – in the community. This comes with conditions of service, including having to refrain from going near a specific place or individual or doing unpaid work for the community (known as community payback). In suspended prison sentencing cases, if the person sentenced breaks the conditions of their sentencing, they can be put into prison. Those on suspended sentencing must adhere to certain requirements, including activity, unpaid, curfew and residence requirements among others (specified by the judge or magistrate on sentencing). Suspended prison sentences are usually for less severe criminal charges.

3. Determinate Prison Sentences

This type of prison sentencing specifies a set, fixed length of time. Determinate sentencing is given by a judge or magistrate where the person convicted serves for a fixed length of time. There are some exceptions, but usually a determinate prison sentence must be served in full. However, for sentences of over 12months, the first half of the sentence is carried out in prison. Then, the second half of the sentencing is carried out in the community. Similar to suspended sentencing, there are some criteria that must be met. If the person convicted breaks the conditions of their second half community sentencing, they can be placed back into prison. Similarly, for cases where the determinate sentence is under 12months, the prisoner is usually released half way through their sentence.

4. Indeterminate Prison Sentences

Contrasting determinate prison sentences, indeterminate sentences do not have a fixed period of time for sentencing. For those incarcerated, this means that they will not have a date that they are released from prison. The judge will provide a set amount of years that are the minimum that must be served, also known as a tariff. Once the tariff has been served, they will be considered for release. A Parole Board will decide if the individual is allowed to be released, after their tariff has been served. A collection of individuals will determine whether a prisoner can be released on parole, taking into consideration the safety of the public should this person be released. They must assess if they are going to be able to re-enter this person into society without any negative impact on the public.

5. Life Sentences

For the most severe of cases, courts must give life sentences. A life sentence is given in cases of murder but can also be given for other severe cases included bank robbery and rape charges. Life sentences usually are served for the remaining duration of the individual’s life. Should they be considered for release, if they commit another crime whilst out of prison, they can be returned into prison at any given time. If the court gives a whole life sentence, the convicted person is not considered for release, under any circumstances. There is no minimum term and no chance for release. If the judge deems the case serious enough to grant a whole life sentence, the convicted will serve the rest of their life in prison (without chance of release).

6. Sentences for Young People

All of the sentences above are for adults (those over the age of 18). Those ages 17 and under receive different sentences for crimes. Firstly, there is detention and training order, given to those aged between 12-17. The sentence ranges from 4months – 2 years. The first half of the detention and training order is served in custody, then the second half will be served whilst they’re in the community. However, for crimes more severe, like violent and sexual crimes, young people will receive an extended sentence. Young people given an extended sentence may spend a long time in custody. When they are released, they will be placed under supervision. This supervisory period lasts, again, for a long time. They are usually tagged in this period to be monitored.

Finally, for cases of murder where the person is young, courts will set a minimum amount of time for the young person to spend in custody. They will be unable to apply for parole until this minimum sentence has been served. Should they be released, they will be under supervision for the remainder of their lives. For other serious crimes, young people can be given the same sentence as an adult, including life sentences.

These are the different kinds of prison sentences for those convicted in the UK.

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3 Mind Blowing Benefits Of Hiring The Right Criminal Attorney

Every country has laws. These laws are tailored to suit the needs of that particular country. Even within the country, the laws are customized to each locality. The laws are there to protect the citizens of the country and make sure that everyone is treated equally. For those people who have been accused of breaking the law, they need to have proper counsel to see them through their court proceedings. That is where lawyers come in. There are numerous lawyers depending on which genre of law they have studied. The type of lawyer that you hire should depend on the issue that you have, among other factors. For example, if you have real estate issues, you can get a property lawyer. According to wikipedia.org, you can also hire a criminal lawyer to represent you or your company in the event you are charged with a criminal activity. Choosing the right criminal lawyer for your case can make all the difference in the world for your case. This is because these criminal attorneys provide you with all the benefits that you can think of. Some of the benefits of hiring a qualified lawyer from Nashville’s Criminal Defense Attorneys include:

  • Protection

In order to build a strong case against you, the people prosecuting you need to have a lot of foolproof evidence to prove that you did the crime. The collection of this evidence usually takes place, in part, during interrogation at the police station. The police are usually trained with skills on how to get information out of people. They can convince you that you are doing it to save yourself but you are incriminating yourself. These statements can be used in court. However, in the presence of a criminal attorney, the police won’t pressure you as much. Furthermore, the lawyer will tell you which questions are safe to answer.

  • Comfort

Sometimes, during the court proceedings and investigations, you may begin to feel hopeless and downcast. This is because you may start feeling as though you might lose the case. During this time, you need comfort from somebody who understands what you are going through. The criminal defense lawyer that you have hired will do just that. They will be able to comfort you and give you counsel based on facts and experience. Furthermore, they can foresee certain outcomes and prepare you in advance.

  • Strategy

In order to solve any problem, you need a plan of action on how to attack it. Without a plan or strategy, you won’t be able to sort out the problem effectively. The same thing applies to any criminal proceedings that you might be undergoing. You need a plan. Considering you don’t have full knowledge of the law, you may not be the best person to do that. However, the criminal attorney can sort this out. Based on the experience and interaction with numerous judges, your lawyer will be able to come up with the best strategies to help you win your case.

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