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Dec 08, 2011 · If you are being accused of stealing money in Arizona, you are likely facing charges of theft under A.R.S. section 13-1802. Theft can occur a number of different ways, but the most basic way is by "controlling the property of another with the intent to deprive the other person of such property." Theft with a value under $1,000 is a class 1 ...
Defendants charged with crimes are almost always best served by obtaining a lawyer. In fact, most criminal defendants are represented by a lawyer, especially when jail or a prison sentence is a possible result. It is very difficult for a person to competently handle his or her own criminal case. While there are no firm statistics on how many people ...
Help defendants cope with the feelings of fear, embarrassment, reduced self-esteem, and anxiety that criminal charges tend to produce in many people. Provide defendants with a reality check—a knowledgeable, objective perspective on their situation and what is likely to happen should their cases go to trial.
What in a statute book appears to be a fixed sentence for a particular crime can be negotiated into a variety of alternatives.
For example, prosecutorial discretion —the power of prosecutors to decide whether to file criminal charges, and what charges to file— determines much of what actually happens in the criminal courts. The particular prosecutor who has the power to make decisions, and when those decisions are made, can greatly affect the outcome of a case. An act that looks on paper to constitute one specific crime can be recast as a variety of other crimes, some more and others less serious. What in a statute book appears to be a fixed sentence for a particular crime can be negotiated into a variety of alternatives.
Alas, the practice of criminal law can't be understood by reading books alone, even this one. To experienced criminal defense attorneys, the criminal law appears much the same as a droplet of water appears to a biologist under a microscope—a teeming world with life forms and molecules interacting unpredictably.
Criminal defense lawyers do much more than simply question witnesses in court. For example, defense lawyers: Negotiate "deals" with prosecutors, often arranging for reduced charges and lesser sentences. By contrast, prosecutors may be uncooperative with self-represented defendants.
By contrast, prosecutors may be uncooperative with self-represented defendants. Formulate sentencing programs tailored to a client's specific needs, often helping defendants avoid future brushes with the criminal justice system.
I get this question a lot. Let me explain Larrys answer. No one files charges on a criminal charge. Its always The State of Texas vs someone. If that were possible then we could not have any murderers. The dead person could never file charges. All you are is the complainant or victim. The police arrest you, not you.
Make a police report and state you want to press charges. The State will handle the rest
You need a lawyer called the District Attorney. First, you should call the police. Not sure of the non-emergency number, but the emergency number is 911. The reason that you only find defense attorneys is that we are the only ones that advertise.
If possible, the accused should hire an attorney before formal legal action can take place.
Take Immediate Action. Those who know they are being accused of a crime that they did not commit should face the situation immediately and directly. If possible, the accused should hire an attorney before formal legal action can take place.
Being wrongfully accused is a situation that no one wants or expects. Any type of accusation can catch one off guard, which can then lead to mistakes that may be personally and financially devastating. It is important to take the right steps to guard against any type of loss.
Take the Right to Remain Silent. It is unfortunately rare for people to know in advance that they are being wrongfully accused of a crime. There are instances in which police unexpectedly arrive or papers are served before the accused knows what is happening.
Those who have been wrongfully accused of a crime may spend thousands of dollars in court costs and legal fees. Likewise, they may lose their job which makes it difficult to pay day-to-day bills. The accused’s personal life may be affected as well.
If the case does go to trial, a search that is conducted with permission and a search that is done so with a warrant is treated differently. A warrant contains a set of rules that the police must follow. These are not necessarily adhered to when a verbal okay is given.
Proving innocence is not cheap, but hiring the best attorney is better than being wrongfully convicted of a crime. The best course of action is to hire an attorney with experience dealing with this particular type of crime. It is unwise to rely upon public defenders or the cheapest lawyers. However, if there simply is no money to pay for the best attorney, make sure to stay involved with the process rather than only relying on the expertise of the chosen lawyer.
Yes you need an attorney. The lawyer might be able to work a deal where the conviction does not end up on your record. With few exceptions if you get a record it stays with you for LIFE. How many employers would want to hire a thief.
If you're accused of misdemeanor, it's always best to have an attorney represent you. You may have defenses that you're not aware of. Even if the DA can prove that you're guilty of the crime alleged, an experienced criminal defense attorney can help minimize the punishment and may be able to help negotiate a reduced or dismissed charge.
Should you wish to explore defenses and perhaps even a plea which keeps this matter off your record, then yes you should have an attorney. If you do not, then you can plead guilty without an attorney. I hope that this was helpful.
If you do not care if you have a petty thief charge on your record then you can handle the DA and Judge without an attorney. If you want to have a chance of the charge reduced or dismissed then hire an attorney or use the Public Defender.
If you are convicted for theft you will unable to get a job at CVS or McDonald's, not to mention working for a bank. You need a lawyer to avoid a theft conviction.
Yes. Even a "petty theft" charge (in Connecticut known as larceny 6th degree) is still a criminal offense which carries a potential jail sentence of 90 days and could result in a lifetime criminal record. Consult an attorney before going to court if at all possible, and do not discuss the case with anyone until you have done so. If you cannot afford counsel, apply to the public defender.
It is almost always best to retain a private attorney. Private attorneys have more time to work on your case and usually the have a proven track record of obtaining results for their clients or they would not be in private practice.
Here are some common defenses to creditor suits: the statute of limitations (the time period in which the creditor must bring the lawsuit) has run. the creditor filed the case filed in the wrong court, or. the creditor can't produce the original paperwork to prove you owe the debt.
When a creditor sues you to collect debt you haven't paid, you have three choices to deal with the lawsuit: allow the creditor to obtain a judgment against you (called a "default judgment") defend the lawsuit yourself, or. hire an attorney to represent you in the lawsuit.
When a creditor sues you to collect debt you haven't paid, you have three choices to deal with the lawsuit: allow the creditor to obtain a judgment against you (called a "default judgment") defend the lawsuit yourself, or. hire an attorney to represent you in the lawsuit. Which option is best for you will depend on a number of factors.
If you don't have a defense or counterclaim and the creditor can easily prove its case, then you'll lose. You'll then owe the judgment amount, have to pay your own attorney, and might have pay the creditor's attorneys' fees too. (In some types of cases, the losing party has to pay the other side's attorneys' fees).
A defense is a reason why you aren't liable for the debt or a reason why the creditor shouldn't be allowed to collect the debt. Here are some common defenses to creditor suits: the statute of limitations (the time period in which the creditor must bring the lawsuit) has run.
In most states, the counterclaim must relate to the transaction at issue in the creditor's lawsuit. For example, say the creditor sues you for nonpayment of a credit card debt. You might be able to file a counterclaim alleging that it harassed you in trying to collect the debt.
It's not a defense to the underlying debt, but a separate claim. If you win on your counterclaim, you might get a money judgment against the creditor. Your filing of the counterclaim might also induce the creditor to withdraw its lawsuit against you.
One of the first options for pursing a civil lawsuit against a false accuser is defamation, which comes in two forms: slander and libel. A defamation suit in general is just one that claims that the defendant made some kind of statement about the plaintiff that was untrue, but there are several aspects that are required to find a guilty conviction. These include:
However, sometimes it does occur as the result of someone genuinely unintentionally misidentifying someone, truly believing a crime had occurred when it hadn’t, or thinking a statement they were making was true.
And there can be countless other consequences that come with being falsely accused, such as legal fees, negative publicity, loss of parental custody, unjust prison time or other sentences, and loss of employment and other positions. The good news is that you may have a path for legal recourse to gain some justice in your situation.
The Danger of False Accusations. False accusations occur when someone is accused of doing something they didn’t do. This can happen in any number of ways, varying from: Knowingly falsely accusing someone of a crime. Unintentionally falsely accusing someone of a crime. Accusing the wrong person of a crime.
Knowingly falsely accusing someone of a crime. Unintentionally falsely accusing someone of a crime. Accusing the wrong person of a crime. Saying something untrue about someone to someone else. Writing something untrue about someone and publishing it.
Accusing the wrong person of a crime. Saying something untrue about someone to someone else. Writing something untrue about someone and publishing it. There’s any number of reasons why someone would accuse someone of something intentionally.
But when someone intentionally falsely accuses someone or publishes something defamatory, there may be grounds for pressing civil charges. This can provide the victim with restitution, usually in the form of payment of compensatory damages from the defendant.