Tag: Criminal Defense Attorney
How Uttering Threats Can Get You in Trouble with the Law
Most people are familiar with the old saying that “sticks and stones can break my bones, but words will never hurt me.” The truth, of course, is that words actually can do a significant amount of damage, both to the person they are directed at and, under Canadian law, to the person who utters them. We tend to think of assault as involving physical harm to a person, but according to the Criminal Code of Canada, threats are considered a type of assault — even when they are delivered via text, email, social media, or simply an aggressive gesture. If the receiver chooses to contact the police, the sender can be charged with a criminal offence. In this article, we’ll explore the real-world consequences of words said in anger, and look at the options available to people who have unwittingly found themselves in legal trouble for uttering threats. What is a Threat? In the heat of the moment, people’s words can get away from them. But saying “you’re going to get what’s coming to you!” or “if you don’t shut that dog up, I will!” are actually considered a type of assault if the person you are directing your comments to receives them as a threat. All of the following are considered to be threats under Canadian law: Saying you will kill or cause bodily harm to a person Saying you will damage their property Saying you will injure, poison, or kill an animal owned by another person Even if you have no intention or means of doing anything, as long as you knowingly said the words and the person you said them to felt threatened by them, they can file a police report. This may lead to charges being laid, in which case you will need to hire a Toronto criminal defence lawyer to represent you in court. What are the Consequences of Uttering Threats? Being charged with an offence does not necessarily mean you will be found guilty. The prosecution will need to prove not only that you uttered threats, but that you did so with the intent to create a sense of fear in the alleged victim, and that the alleged victim received your words or actions as a threat. In order to mount a successful defence, you will need to prove either that your accuser did not actually feel threatened by your words, or that you did not say them with intent. For example, Toronto criminal lawyers who have experience with threat-related assault cases may try to show that the alleged victim did not actually feel threatened by your words, but has made their claim as a way of inflicting harm for other reasons. In some cases, assault charges involving threats are accompanied by harassment charges or domestic assault charges, so if you have been charged with this kind of offence, you should talk to a lawyer before deciding how to plead. Uttering threats can be punished by up to two years in jail and a $5,000 fine, leaving you with a lifelong criminal record. Words have power, and loose talk about inflicting violence on others is taken very seriously by the legal system. While a good criminal defence lawyer can help you navigate such charges, the best defence is simply to watch what you say. Read Also: Criminal Case – Dos And Donts Civil Cases Versus Criminal Cases: What You Need To Know The Basics of Criminal Appeals Law
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What Do Criminal Defense Attorneys Do?
Criminal defense attorneys play the most important role during a criminal case. Starting from the assignment to the interview, investigation, evidence analysis, and more. They defend the person who is charged with a crime. The defense attorneys defend on behalf of the accused person. A criminal defense attorney investigates different facts and deals with the case for the accused person. They also deal with the prosecutors to defend the clients. In this article, you will clearly understand what do criminal defense attorneys do. Work of Criminal Defense Attorneys: A criminal defense lawyer gathers facts and theories to deal with the case on behalf of the defendant. If you want any legal advice for any criminal case, you can consult the Patrick Griffin criminal lawyer. 1. Case Assignment A defendant may directly contact a criminal defense lawyer, or the court can also assign a lawyer. Some criminal defense lawyers are also public defenders appointed by the courts, and the government pays them their fees. There are many private criminal defense lawyers who work independently or under a private legal firm. Private defense lawyers get more salary than public lawyers. Public lawyers get more cases than private lawyers because of referral processes. Sometimes courts also appoint private lawyers for some specific cases. 2. Interview the Client About the Case The criminal defense lawyers try to get more details about the case from the client. The lawyer asks some specific questions to the client to learn about the case and figure out the defenses and strengths of the case. The lawyer also identifies the weaknesses of the case. It is possible through questioning the defendant. 3. Investigation of the Case After asking the questions, the criminal defense lawyers also investigate the case for finding any possible defenses. The lawyer also questions the police about the procedures followed in the case. In addition to that, the lawyers may also talk to the witnesses who have some information about the case. The criminal defense lawyers also have the rights to review the case submitted by the prosecutor to the jury. This may help the lawyer to find some holes which can save their clients. 4. Evidence Analysis The criminal defense lawyers also analyze the evidence. This helps the lawyer to figure out different facts of the case. The lawyer can also test the evidence independently. Furthermore, the lawyer can also examine the evidence that may help him/her to determine if the legal theories working against the accused. 5. Communicate With the Client The criminal defense lawyers also stay in continuous contact with the client to offer the developments about the case and inform about the case. It’s important to keep the conversations confidential both for the lawyer and client. The lawyer also explains every possible consequence of the case that gives a better understanding of the client. 6. Assists Jury Selection Process The defense lawyers also assist with the jury selection process. If there is any biased feeling against the defendant of the jurors, the lawyers may try to remove them. 7. Trial Participation The criminal defense lawyers try to prove wrong the allegations made on the client. They participate in the trial process and fight against the case made by the prosecutor. The criminal defense lawyers also deal with the prosecutors for a plea bargain. More importantly, the criminal defense lawyers also convince the jury to reduce the sentence. Conclusion Hopefully, the above information has helped you to understand what is a criminal defense lawyer. The defense lawyer works on behalf of the accused person and defends the allegations or cases made on him/her. The lawyer works closely with the client to help them out of the case. If you have any queries, you can ask in the comment box. Read Also: Your Federal Disability Attorney and Lawyers 5 Top Tips to Help You Hire The Perfect Attorney Protect Your Rights Today With Domestic Violence Lawyers
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How to Choose the Best Murfreesboro Criminal Defense Attorney
Nobody would imagine himself becoming involved in misdemeanors that the state recognizes as criminal offenses punishable by law. Well, except if that person is a sociopath. Not only does it result in too many hassles, lots of time and money wasted, and broken relationships, it ruins the reputation of the ones involved themselves. Having a bad reputation is probably one of the worst consequences. You may be able to earn the amount of money you’ve lost through hard work, but it takes time to regain trust, to prove yourself worthy of another chance. After all, most employers would think twice about hiring an ex-convict or someone who has currently faced legal charges. But there are just some people out there who are involved in law offenses because they’ve been incriminated, perhaps some pieces of evidence have been plotted on them. Some have made poor decisions while some have been involved with the wrong kind of peers. There are also some individuals who might be ignorant of some laws and policies, thus, they failed to comply with what the state requires of its constituents. Whatever the reason, charges are charges. You have no other choice but to face it and clear your name. Most of us don’t specialize in legal proceedings. We don’t have a big knowledge of legal jargons, what happens in a trial and what you should do to defend yourself well and increase your chances of winning the case. We leave those things and a lot more to lawyers. They spent many years learning that. But not every one of them is capable to be your defense attorney. Like doctors, they work in various fields and specializations, too. So, you should find someone who could best represent you to defend your case. How can you pick the best one for your case among criminal defense lawyers in Murfreesboro? Start with Recommendations from People You Trust: You are entitled to choose your own legal representative. But the choice you will make is very important. Remember, the person you will hire will be the voice that will speak on your behalf. He will make sure that your rights are properly exercised as based on the due process of law even if you’re accused of wrongdoing. Because this is a serious choice to think about, you’ll surely prefer asking for recommendations from the people you already trust. This could be one of your family members, relatives, or close friends. Some of them may personally know defense lawyers among their connections or help you find one. Pay Attention to Those with Prompt Response: When you’re facing legal charges, time can be one of your biggest enemies. Finding a good lawyer urgent. You need to understand as early as possible your rights as a defendant, how to present your defense, what options are available for your case and what are the possible outcomes if either you win it or lose it. Just imagine that handful of work to do. There shouldn’t be any time wasted! Because a time lost could mean a case lost. That said, you wouldn’t want to waste your time waiting for a response. A good defense lawyer understands the urgency of the situation. And so, it will motivate him to respond to the earliest possible, even within the day, to discuss the case right away. You can also gauge his dedication and availability by how fast he entertains client inquiries and the way he answers your questions. Of course, your goal is to pick the right attorney who isn’t just interested in how much you can pay but also shows that he’s passionate in helping to implement the justice system in his country. Take a Look at the Quality and Quantity of Experience: It’s not only important to check how many years of experience he has but also how he used those years in fulfilling his career. In short, don’t just look at the quantity. Look at the quality as well. How many cases similar to yours has he handled in the past? How did he perform in each of those? Was he successful? Is he confident in the courtroom? Know the answers to these questions. It will help you assess whether you’ve already found the best candidate who can represent you well in the legal proceedings. Learn more here. Remember, too: At the end of the day, it will still depend on how comfortable you are working with another person. In the whole duration of the case, you will need to communicate openly and honestly with your lawyer. Therefore, he should be someone you’re at ease to work with even for quite some time. Read Also: Hiring The Services Of A Legal Eagle How To Choose A Personal Injury Lawyer 7 Characteristics Of A Great Lawyer That Can Help Win Your Legal Battle
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