Criminal Law Review

If you need the services of a criminal lawyer, it’s important to make certain that you end up with an excellent representative. When one finds themselves on the wrong end of a criminal lawsuit, it is, in fact, imperative that they have someone with knowledge and expertise on their side. This one decision can have a profound impact on the rest of your life.

A first step in the selection process is to narrow down your choices. Just opening the phone book or doing an internet search for lawyers in your community will not be sufficient. Go to the your local chapter of the American Bar Association (ABA), a professional organization who will be happy to give referrals of lawyers who specialize in the practice of law that you are looking for.

Online Client Reviews are also quite helpful in sizing up the referrals that you are given. With a selection of client reviews to read over, you will see what others have to say about their experience with these particular professionals.

Once you have two or three that seem able to meet your needs, make an appointment for initial consultations. There’s nothing better than meeting with a person to evaluate whether they will be a fit or not. Things to look for include:

He or she has the ability to satisfactorily answer any and all questions that you have.
He or she is able to communicate about how the law pertains to your particular case.
He or she is knowledgeable and able to give ideas about various defense tactics that may be possible to solve your dilemma.
He or she has had experience defending others in a similar situation.
He or she has a friendly and professional demeanor and office staff that is supportive of your needs, as well.
He or she is able to provide references.

Once you’re satisfied that this lawyer appears to be a good fit for you, it is wise to discuss the financial details. There are varying ways to handle billing costs and you’ll need to come up with a plan that will work for each of you. At times, the fees may be billed hourly and at others there will be a retainer that will be paid up front. A retainer is a specified amount of money that is placed into a trust account and is usually in the amount of several thousand dollars, depending on the case and this particular firm’s fee structure. Fees will be drawn from this retainer account as the case proceeds. At times the retainer is refundable, but often it is not. These are all details to discuss during the initial consultation.

Selecting an excellent criminal lawyer can salvage your life. Take the time to go through the selection process in order to find the very best one for you.

Criminal law is the same as punitive law. Consequences under these laws can be harsh and unique depending on what the type misconduct and jurisdiction it happened in. The usual consequences for violating criminal laws include:
• Prison time
• Execution
• Probation or parole
• Monetary fines

There have been situations where the laws become unclear between criminal law and civil law. Criminal law is very distinctive as the penalties for violating the law can be severe. For example, an offender sent to prison can be sent on a solitary basis or for the remainder of their life. House arrest is quite similar to imprisonment given the fact that it involves the offender being confined to a particular area. The offender can also lose assets and property depending on the case.

Punishment
The courts have put forth a strict set of punishments in order to keep individuals afraid to break the law. There are five classes of consequences that vary depending on jurisdiction which are:
• Punishment
• Deterrence
• Restitution
• Incapacitation
• Retribution

Public International Law
Public international laws apply in cases where an entire area or society is affected by an atrocious crime. The history of this law dates back to WW2 with the Nuremburg Trials. These trials paved the path for a future in which an individual who commits a crime on behalf of their government are still held responsible for the crime committed and will not be granted sovereign immunity.

Actus Reus
Actus Reus is known as a guilty act. These undesirable acts need evidence that a crime was committed by an actual action, threat of an action, or lack of an action. In order for this to apply to a crime it needs to have a physical element. Actus Reus applies to dangerous situations due to a result of someone’s actions. Strict liability crimes have the possibility of harsh punishment and thus there needs to be valid proof of mens rea (guilty mind).

Mens Rea
Mens rea is the term for guilty mind, meaning it was an intentional act to violate the law. However, under criminal, intention and motive are different. Innocent intentions do not undo the criminal intentions. Cases where the offender performs an act knowing it is dangerous are considered to qualify for mens rea. The courts view this as carelessness and if the offender did not know the risks, mens rea will be reduced.

Degrees Of Murder
Murder is the most common targeted act under criminal laws. Depending on the jurisdiction, the severity levels for punishment of these offenses varies. Manslaughter is murder without malevolence present, usually committed by provocation or reduced capacity. Some cases where the murder is a result of recklessness may be considered involuntary manslaughter. First degree murder requires intentional murder fueled by hatred.

Many people in Canada live with the stigma of a misdemeanor committed in their youth when their responsibility and standing in society were of little consequence. Other Canadian citizens have committed crimes for which they have paid the required price by law either in the form of a fine, community service or jail sentence.

However, living with the stigma of a past conviction need not be a problem in Canada. Under the Criminal Records Act (CRA), the National Parole Board (NPB/Board) can issue pardons to wipe out previous criminal records. Once a period of three years has passed for a summary offence or five years for a criminal offence, anyone who has completed their jail sentence and paid any outstanding fines resulting from their crime can apply for a pardon. The three or five year period begins from the day you pay off your fine in full or the day you finish your community service or entire jail sentence.

The National Parole Board has the power to deny as well as issue pardons. First the NPB looks to see if the exact amount of time has elapsed since you paid your fine or completed your jail sentence or community service. They also check with the Royal Canadian Mounted Police (RCMP)to make sure that you have no other convictions during this period and that you have been a law-abiding citizen with no allegations of criminal conduct during this time. Based on your conduct since your crime was committed, the NPB will assess your application for a pardon and make a decision to wither grant or deny your pardon.

If a pardon is granted, your criminal record is removed from the Canadian Police Information Centre (CPIC); this doesn’t mean that your record is destroyed, it just means that your conviction will not show up on public record checks in Canada. The Solicitor General of Canada still has the power to disclose information on past crimes regardless of your pardon - this is a rare occurrence but if it is deemed in favour of Canadian national or public security he will do so. Likewise it doesn’t mean you can claim that you have never had a conviction; you must always confirm that you have but that you have received a pardon. Pardons can be annulled by the NPB if they discover errors on your application or should your conduct deteriorate or if you are convicted of a federal act or regulation of Canada.

Obtaining a pardon is a time consuming task requiring extensive documentation particularly if you were convicted of an indictable offence. Summary offences are far quicker to process especially if the offence was committed a long time ago. Nevertheless the procedure can take anything from 12 to 18 months depending on the extent of your previous conviction and some pardons for indictable offences have been known to take even longer. Whilst Canada pardons are not recognized all over the world and not in the USA they are well worth getting. A pardon demonstrates that you are now a law -abiding citizen, making it easier to apply for work, get a reference or a NEXUS card to name just a few benefits. Moreover a Canada pardon will free you from the stigma of your previous conviction.