Criminal Defense Attorney Lubbock: What Is The Difference Between An Infraction And A Misdemeanor

April 18th, 2012 by

The circumstances under which an offense was committed may determine whether it will be charged as a misdemeanor or an infraction. Examples of such cases include trespassing (Penal Code 602), disturbing the peace (Penal Code 415) and petty theft (Penal Code 484 or 490.1). A criminal defense attorney Lubbock will always consider the facts of an offense to determine whether the charges can be reduced from a misdemeanor to an infraction.

What is a misdemeanor?
A misdemeanor is a more serious offense than an infraction. When one pleads to a misdemeanor count, he or she may be sentenced to serve up to a year in county jail or be fined up to $1,000. If a plea bargain is made, it is always attached to Summary Probation, which may last up to three years. Some misdemeanor cases carry mandatory jail sentences. Examples include a DUI with injuries (Vehicle Code 23153) or a second time DUI (Vehicle Code 23152).

Reclassifying a misdemeanor to an infraction
In some cases, a misdemeanor may be reduced to an infraction by the prosecutor if the defendant fulfills come conditions. For example, one may be required to perform community service or complete some classes. When a defendant shows proof that he or she has completed the required exercises, the city persecutor or district attorney will ask the judge to dismiss the misdemeanor charge under Penal Code 1385.

Difference between a misdemeanor and an infraction
There are significant differences between a misdemeanor and in infraction. To begin, an infraction is not considered a criminal charge. As a result, no entry of a plea of no contest will be made on the defendant’s Department of Justice record. On the other hand, a misdemeanor plea is punishable in fines of up to $1,000 or a jail term not exceeding one year. The plea may also be accompanied with Summary Probation. In contrast, an infraction does not come with any probation and is only punishable by fines.

Infractions are typically resolved quickly. A defendants usually has to make one to three court appearance before a judgment is made. On the other hand, a misdemeanor may take several months to a year to resolve, even when there is no trial.

There may be some immigration consequences when a person is charged with a misdemeanor. He or she may also be required to register as an narcotic or sex offender. Some misdemeanors may also revoke the rights of the defendant to own or possess firearms for up to ten years after the conviction.

A person charged with a misdemeanor offense has a right to an attorney and a trial by jury. With an infraction, there is no right to an attorney or a jury trial. Therefore, if you are not charged with an infraction even for several years, you cannot rely on the Sixth Amendment right to a speedy trial to contest the charge.

To avoid the consequences of a misdemeanor charge, it is important to get a skilled criminal defense attorney Lubbock who has a good rapport with the local prosecutors to negotiate a plea bargain.

Job Description Of Criminal Defense Attorney Laredo

March 2nd, 2012 by

Job Description of Criminal Defense Attorney Laredo

If you have been implicated in a criminal case in Laredo, you will need a criminal defense attorney laredo immediately. Do not be careless, a criminal case is not a joke and even a simple case of assault could land up in jail for six months. We suggest that you find a good criminal defense attorney laredo right away. But if you are new to Laredo, you might find it a little difficult. Here are a few tips on how to find good criminal defense attorney’s in Laredo.

1.    Ask Around – Inquire at the local police station. The local station officers and the court officials will always know the names of good defense lawyers. They might not have addresses and telephone numbers though. However, with the name of the lawyer, you can easily find a telephone in the Yellow Page or through the internet. Be careful though and ensure that you have an approved and licensed lawyer who is authorized to work in Laredo before you hire him.
2.    Online Services – There are websites that will have detailed lists of all the lawyers who are located in a particular area. For example, Nolo.com is a comprehensive website for lawyers. They have detailed lists of all the lawyers located in a particular region. You can contact them online or send them a detailed email of your requirements. The website will them match your requirements to a lawyer. They will even send you a list of the lawyers you can contact for your particular needs. On the internet, you will also find lawyer advertising their services for different regions and cities. You can get in touch with individual lawyers through their websites but do not get swayed by the advertising rhetoric on the site. You need a reliable and aggressive lawyer who will make sure that your rights are protected.
3.    Lawyer Referral Services – Lawyer referral services are one of the best ways to find a good trained lawyer. Most experienced agencies will vet their lawyers completely and list their references and experience and they will provide it to you along with the reference. A reputable service can easily connect you to a very good lawyer. To protect yourself, we suggest that you find the best lawyer referral company to get a good lawyer. Check the reputation and feedback for the company online before you choose the services of the company.

Do not choose just one lawyer. List two or three lawyers for a consultation and meet them face-to-face. Most lawyers don’t charge for the consultation but check with each lawyer. Make sure that you choose a specialty lawyer for your case. General lawyers are fine for civil cases but for murder, bankruptcy, and other highly specialized cases you will require a professional who knows the tricks of the trade. We know that you will be worried about your case and your future. A consultation and a discussion with the lawyers you have shortlisted will give you an accurate idea of what you can expect and how difficult the case will be. Choose a lawyer who gives you an accurate idea of the case instead of an optimistic or nothing-to-fear attitude. If you like the lawyer, pay a retainer immediately and sign a contract that will specify payment process, procedure and dates to protect yourself.

The Edge Of Getting An Expert And Experienced San Antonio Criminal Defense Lawyer

February 29th, 2012 by

Breaking the law is something that one should not take for granted. Every crime is punishable no matter how big or small it may be. It is important to be keen on your actions. As many would say, it is imperative to look and think before you take the leap. However, as a human, there are instances that people tend to get carried away by emotions. These emotions cause people to do things that they have not thought much about. As consequences come, that is the moment where most people realize what happened and what they should have done. It is inevitable for humans to make mistakes and for that they need to have an avenue to express their side. There are some instances where a person might be good but as many opportunists are around the corner waiting for their moment, these good people tend to be stepped on as they are the ones framed or blamed for things that they did not do. There are times when you might encounter people accusing you of something that you are not even aware of. It might be hard for you especially if the people who are condemning you are much respected that most people look up to. You need to have a good legal adviser who can defend you. Anything that you say or do might be used against you so it is imperative to get someone who can speak in behalf of you without putting yourself into more trouble. Lawyers are the best people to entrust your concern with when it comes to legal matters. A distinguished lawyer like John Teakell can provide you the assistance that you need if you are looking for a San Antonio criminal defense lawyer.

Unlike others who offer low rates but a high percent uncertainty, John Teakell gives you the best service by providing attention and applying his skills in every case. With 12 years of experience in the United States Attorney’s office, he was able to garner the essentials of defending people not with just simple but with major cases as well. No matter how complex the concern may be, he will absolutely provide you with an excellent advice on what to do with your situation. He has been both a state and a federal prosecutor and that gives him an extra edge and expertise in handling sensitive cases. Some of those he handled are drug trafficking, money laundering, prostitution, bankruptcy fraud, illegal immigration and trafficking, kidnapping and many more. All these are part of John’s experience in handling misdemeanors.

If you are ardent to get the best San Antonio criminal defense lawyer, John Teakell might just be the person you need to get in touch with. You will never know how your chances of getting the favor are unless you hire a great lawyer. Messing up with the law is something that people cannot laugh about and keeping your name clean is one very important thing that you should always keep in mind. If you are having any legal concerns, do not rely on your own capacity but rather get a quality lawyer who can defend and save you.

18 U.S.C. § 1853 TREES CUT OR INJURED

April 14th, 2010 by

Whoever unlawfully cuts, or wantonly injures or destroys any tree growing, standing, or being upon any land of the United States which, in pursuance of law, has been reserved or purchased by the United States for any public use, or upon any Indian reservation, or lands belonging to or occupied by any tribe of Indians under the authority of the United States, or any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be fined under this title or imprisoned not more than one year, or both.

18 U.S.C. § 1854 TREES BOXED FOR PITCH OR TURPENTINE

April 14th, 2010 by

Whoever cuts, chips, chops, or boxes any tree upon any lands belonging to the United States, or upon any lands covered by or embraced in any unperfected settlement, application, filing, entry, selection, or location, made under any law of the United States, for the purpose of obtaining from such tree any pitch, turpentine, or other substance; or
Whoever buys, trades for, or in any manner acquires any pitch, turpentine, or other substance, or any article or commodity made from any such pitch, turpentine, or other substance, with knowledge that the same has been so unlawfully obtained–
Shall be fined under this title or imprisoned not more than one year, or both.

18 U.S.C. § 1857 FENCES DESTROYED; LIVESTOCK ENTERING

April 14th, 2010 by

Whoever knowingly and unlawfully breaks, opens, or destroys any gate, fence, hedge, or wall inclosing any lands of the United States reserved or purchased for any public use; or
Whoever drives any cattle, horses, hogs, or other livestock upon any such lands for the purposes of destroying the grass or trees on said lands, or where they may destroy the said grass or trees; or
Whoever knowingly permits his cattle, horses, hogs, or other livestock to enter through any such enclosure upon any such lands of the United States, where such cattle, horses, hogs, or other livestock may or can destroy the grass or trees or other property of the United States on the said lands-
Shall be fined under this title or imprisoned not more than one year, or both.
This section shall not apply to unreserved public lands.