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October 2016 Archives

The juvenile legal system for minors

Most states in the U.S. have set the age of majority at 18 years.  Those under the age of majority might experience a different legal system as compared to adults, this is called the juvenile justice system and it has a different set of rules and requirements. According to the juvenile system, all children aged below 7 years cannot be tried for any crimes. Those aged between 7 and 15 are ideal candidates to go through the juvenile system. Although children between 12 and 18 are required by the law to face the juvenile legal system, prosecutors continue to ask courts for an adult trial in very serious cases.

Search and seizure laws under the Fourth Amendment

The Fourth Amendment protects all United States citizens from unlawful search or seizure of their property. This is your fundamental right, and it is important to understand situations in which it is being violated. In many drug-related cases, the prosecution presses charges based on something that has been seized from the defendant. There are cases in which the seizure was illegal according to the Fourth Amendment rights of the defendant. Defense attorney's use this law and argue that the search conducted was illegal thus, whatever was recovered is inadmissible in court.

The pros and cons of a plea bargain

Plea bargains are a common occurrence in the United States criminal defense system. Several convictions may come out of negotiating a plea agreement with the defendant. There are several pros and cons of accepting a plea agreement. You should consider all facts and options when negotiating a plea agreement.

Charged with telemarketing fraud?

Deceiving another person over the phone in order to get monetary benefit is called telemarketing fraud. It could include misrepresentation of facts of false advertising of a product. Telemarketing scams are very common in the United States and there are laws in place to prosecute anyone who is involved. Some examples of telemarketing fraud are fake lottery phone calls or phone calls misleading the victim into thinking they will receive something in exchange for their personal information.

What is considered a violation of your probation?

Breaking the terms of your probation agreement is called probation violation. The sentence for violating probation depends on several different factors such as the nature and seriousness of the violation. The violation could result in hefty fines for the defendant, as well as extended probation or jail time.

Dealing with mortgage fraud charges

Mortgage fraud generally refers to illegal schemes and misrepresentation of data on mortgage documents. Lying on the forms or impersonating someone else on the forms could get you into a great deal of trouble in the future. Mortgage fraud can be carried out for housing purposes or monetary purposes. The sentencing depends on what type of mortgage fraud has been committed.

Vandalism charges and defenses

Destroying another person's property without consent qualifies as vandalism. This could include making unnecessary changes, painting graffiti, breaking windows and even hacking into someone's personal website and making changes. Although some people consider vandalism like graffiti to be artistic, the United States law does not agree.

Involuntary manslaughter charges

Murder and homicide charges are divided into different categories by the United States law. The charges depend on the intention and severity of the crime committed. Involuntary manslaughter is a charge which is used if a person kills someone without intent. The murder could also be committed while committing another illegal act. The important thing is that you had no intention of physically harming the victim. Sometimes manslaughter can occur even if you were taking part in legal activities.

Dealing with drug paraphernalia charges

Drug paraphernalia is a charge related to the possession of items that can be connected to illegal drugs. Although drugs like heroin, cocaine and methamphetamine are deemed illegal by the federal and state governments, they are still being manufactured. Sometimes law enforcement agencies try to reduce the production of these drugs by charging people with drug paraphernalia. Drug paraphernalia can be special items used in the drug manufacturing, or common household items connected to illegal drugs.

Kidnapping charges and defenses

The U.S law defines kidnapping as taking someone to another place against their own will. It also includes taking them to a confined place where their environment is controlled by others. In some cases, kidnapping offenses are made to assist in other crimes like extortion.

Medicare fraud

Any activity involving false representation of facts can be regarded as fraud. It is the misrepresentation of facts, often leading to monetary benefit. Fraud can take place in different businesses and industries. Healthcare fraud is one of the most common types of fraud. In some cases, people turn towards healthcare fraud if they are desperate to get treatment. False representation of one's history or financial situation is common in health care fraud, especially the Medicare program.

Dealing with methamphetamine possession charges

The federal government has severe punishments for those caught manufacturing and trafficking drugs. But exact sentences depend on the amount and type of drugs. One of these drugs is methamphetamine. It is a Schedule 2 controlled drug in the United States. Though it is approved for rare medical conditions, it is usually frowned upon elsewhere. The most common use of methamphetamine is as a recreational drug. It is being manufactured in secret labs all over the country, which is why stopping the production has been difficult for law enforcement agencies.

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