Monthly Archives: February 2017

Experienced Criminal Law Attorney?

There are so many kinds of responsibilities which a criminal defense attorney need to deal with and it’s the responsibilities on the basis of which you should hire an attorney.

Among all the different attorneys, it’s the criminal law attorneys who are in huge demand. To put it in very simple words, they not only define a crime but they are the one who deals with it.

What’s The Job Profile Of A Criminal Law Attorney?

A criminal law attorney defines the victim, finds the one who executed the crime and they also describe the nature of crime. In order to be successful, they should be aware of all the aspects mentioned in the post. He should know about the various ways which will help his client win the case.

They should give the right help to the client during the trial period.He should be aware of the ways to gather all the necessary evidence along with the other essential facts which will help him to win the case.

Substantive criminal law is also an important section of criminal law. It mainly involves the kinds of punishments for various natures of crimes. It’s a must for the attorney to know all the facts related to the specific law. It will help him to represent the client in the right way.

What Qualities And Attributes A Good Attorney Should Have?

There are many qualities and attributes a criminal law attorney should have. He should always care about the welfare of the clients. He should put the best effort to understand the aspects of the case. He should understand that client is paying money to win the case.

A skilled and experienced attorney is always good with others. He believes in developing happy and healthy relationships with people. He should have excellent communication skills and understand the different kind of circumstances. He should try to find different positive angles of the case.

An experienced attorney is very quick as he doesn’t want his client to stay in the jail for a long time. He makes sure that the client gets out of this mess as soon as possible. He understands that it’s important for the client to get back to his normal life quickly. He will assure that there is no professional damage done to the client.

Conclusion

No matter the kind of criminal charges you have I.e. tax frauds or any other kind of crime the attorney is the right person who can help you get out of the mess. Keep all these great tips in mind to choose the best attorney.

About Criminal Laws

Criminal laws are also called penal laws. Criminal law is the body of statutory and common law dealing with crime and the legal punishment of legal offenses based on the four theories of criminal justice system, namely, punishment, deterrence, incapacitation and rehabilitation. All this imposition of sanctions about the crime is to achieve justice and a peaceable social order.

The objective of criminal law is to exert social control. It aims at discouraging behavior that is detrimental to the well being of the society as well as behavior that challenge the government’s authority and legitimacy.

The criminal laws and punishments are so set up that they act as deterrents and help in restraining behavior of the people. With criminal laws handling the setting up of procedures for punishing offenders the state and not the victim (who may be seeking vengeance) hands down the punishment.

The criminal charges are filed and the criminal proceedings take place in a series of stages. It is the police who respond and take action to any citizen’s complaint lodged. The police may also feel suspicious and in such case they investigate, take down statements from various important witnesses and based on the findings make ready a report. They can arrest people during the course of the investigation. They may alternatively (as is usually the case) complete the report and submit it to the prosecutor’s office for evaluation. It will be the prosecutor who will be deciding whether or not criminal charges will be filed against any suspect named in the police report. The procedures for filing charges, however, vary among jurisdictions.

There are some jurisdictions that give greater discretionary powers to the police in charging defendants with specific crimes while others are there that provide greater powers in this regard to the prosecutor. After being stopped by the police the person concerned i.e. the defendant may be ticketed for a ‘civil infraction’ or may be ticketed or arrested for a ‘misdemeanor’ or perhaps even be arrested for a ‘felony’. It can be that the police may be arresting a person while alongside recommending a specific charge, yet, criminal charges are usually chosen solely by the prosecutor’s office

The process of criminal justice begins with an alleged crime. The police investigate upon the allegation that the complainant makes. The police, in this case, act as the agent of the government. A complaint or an indictment- a formal charging document as brought by the grand jury is filed with a court in the appropriate jurisdiction.

A prosecuting attorney represents the interests of the state. The interests of the defendant are represented by the defense attorney or by the defendant pro se i.e. the defendant acting as his/her own attorney. The process culminates with a jury trial regardless of local laws that may be followed by mandatory or discretionary appeals to higher courts. The criminal lawyer makes you aware of your rights with the police, your rights in the courtroom and your rights upon conviction.

How to See If Your Criminal Law

There are very many responsibilities that an attorney will take upon themselves, and based on those responsibilities they can be classified as different kinds of attorneys, criminal Law attorneys being one of them. A criminal law attorney is an attorney that deals with defining crime as well as handling them. There are a couple of things which are done by almost any branch of criminal law which can be listed as follows:

Defining the victim, finding out who executes the crime, and naming the crime itself.

Be aware of all the criminal procedures.

In order to be effective when dealing with your case, the criminal lawyer has to know how to do all of the things mentioned above. He has to be aware of all the criminal procedures that have to be done in order for the case to be dealt with successfully. He has to be able to conduct trial periods and the law core. Obviously, he has to now how to gather all the necessary evidence and the important facts which pertain to the crime.

A different section of criminal law is substantive criminal Law. What it does is it deals with punishments for various types of crimes. It is important for our criminal law attorney to be aware of all the facts that pertain to that specific law. This is the only way for him to be able to represent the people that he is supposed to represent well.

There are a lot of attributes that the criminal law attorney absolutely has to have. He needs to be able to care about the welfare of his clients. He has to actually put his heart and soul into each case which he is taking care of. He needs to be aware of the fact that he is always trying to work in the clients best interests. A good criminal law attorney has to be good with people, and needs to be able to communicate with them well and know to understand their various circumstances and backgrounds. He has to know and understand where they are coming from in life.

A great criminal law attorney is going to work really fast, because he doesn’t have that much time to save his client from jail. He also needs to consider the fact that the client has a life, both professional and private and it is going to actually influence both of the aspect of his life. A good criminal lawyer will be discreet and will do everything for the clients to be able to get back to his life with as little moral or professional damage as possible. He will make sure that nothing that the client confesses to them becomes public. Even if the client happens to admit that he is guilty of the crime, the lawyer is never going to actually share that information.

Whenever he needs help, when facing criminal tax charges such as tax frauds, the criminal law attorney is going to be the person that you want to turn to. If he feel that the IRS is going to get after you, and then do what you need to do is seek the best representation possible so that you can actually avoid the charges or the penalty. Be sure you get the best criminal lawyer available for you, but also consider the fact that you don’t want to pay too much.

Consequences of a Crime Under Criminal

The concept of punishment makes a major distinction between criminal law and civil law. While in civil law there is no prosecution per se; rather a reimbursement to the plaintiff by the losing defendant, in criminal law a guilty defendant is punished by imprisonment, fines, or the death penalty. In criminal law, maximum sentences on felonies could go to up to a jail term of one year and for misdemeanors a maximum sentence of less than one year. A civil case conducted under tort law can lead to punitive damages if the defendant’s conduct is proved to have intentions for malicious action (cause harm), negligence, willful disregard to other people’s rights.

Compensation for the Plaintiff under Criminal Law

These damages are usually significant in torts that involve such cases as privacy invasion, which may involve a dignitary; and civil rights in cases where the injury or harm done when translated to monetary form is minimal or negligible. Punitive damages are usually intended to teach the public a lesson through the defendant so that the same act may not be repeated. However, these damages are never awarded under contract law where there is a previous contract or agreement involved beforehand.

Tort claims can be paid through insurance that is purchased specifically to pay damages and also to cover the attorney’s fees. This insurance is similar to the standard insurance purchased for business, homeowners and vehicle. However, the defendant may not be able to purchase the same to make payments for his/her offense under Criminal Law.

If the defendant is ordered to pay for damages and he/she does not have assets or insurance or has hidden the assets carefully, the plaintiff will receive nothing in damages. Therefore, large claims awarded to plaintiffs for damages are often a waste of time.

The outcome of a case is considered effective to an extend where punishment may not necessarily transform a criminal found guilty under either criminal law or civil law or stop them from committing the same act again. As rational as human-beings are thought to be, criminals are thought to be irrational and it is not considered that they will be caught a second or third time; hence, continuous offense without consideration of possible punishment. However, denial of criminals’ movement rights by enclosing them in prison for a certain period of time may be seen as a much more effective punishment. Therefore, criminal proceeding under criminal law is seen to have more serious impact than under civil law. People tend to choose the loss of freedom rather than the payment of heavy fines that may not necessarily be available to the defendants.

Distinguish Between Law

1. INTRODUCTION:

Tort is breach of some civil duty independent of contract for which compensation may be recoverable. If there is an injury for which no compensation is recoverable is not tort. The law of tort is based on common law. It is still growing. It is not the part of statue law.

2. MEANING:

The word tort is derived from Latin word “Tortum” which means to twist or ‘conduct’ which is twisted.

3. DEFINITION:

> Salmond:

According to Salmond Tort is a civil wrong for which the remedy is a common law action for Unliquidated damages, and which is not exclusively the breach of a trust or other merely equitable obligation.

> Oxford Dictionary:

Tort is a private or civil wrong.

> Philip James:

Tort is a private or civil wrong independent of contracts for which appropriate remedy is an action for unliqidated damages.

4. DISTINGUISH BETWEEN TORT AND CONTRACT:

I. AS TO RIGHTS:

> Law of tort protects right in rem available against the whole world.

> Law of contract protects rights in personam which means against a particular individual.

II. AS TO DAMAGES:

> In tort, damages are unliquidiated.

> In contract damages are liquidiated.

III. AS TO CONSENT:

> Tort is always inflicted against consent of the person.

> Contract is always founded on consent of a person.

IV. AS TO CODIFICATION:

> Law of tort is not codified.

> Law of contract is codified.

V. AS TO FIXATION OF RIGHT AND DUTIES:

> Rights and duties are fixed by law in law of tort. > Rights and duties are fixed by parties in contract.

VI. AS TO DEFENCE:

> In law of tort necessity is a defence. > In contract, necessity is no defence.

VII. AS TO DOCTRINE OF VICARIOUS LIABILITY:

> Principle or doctrine of vicarious liability applies.

> Principle or doctrine of vicarious liability does not apply.

VII. AS TO LIMITATION:

> Limitation of time is one year in tort. > Limitation of time is three years in contract.

IX. AS TO POSITION OF MINOR:

> In law of tort a minor person can sue and can be sued.

> In contract a minor person can not sue and can not be sued.

5. DISTINGUISH BETWEEN LAW OF TORT AND CRIMINAL LAW:

I. AS TO PARTIES:

> In tort parties are known as plaintiff and defendant.

> In criminal law, parties are known state and accused.

II. AS TO PUNISHMENT:

> Tortfeasor has to pay damages.

> Criminal are sent to prison.

III. AS TO PROCEDURE:

> In tort, proceedings are regulated by civil procedure code 1908.

> Proceeding are regulated by the criminal procedure code 1898.

IV. AS TO INTENTION:

> Intention is not relevant in tortiuous act.

> Intention is always relevant in criminal act.

V. AS TO DEFENCE:

> Necessity is a defence in tortiuous act.

> Necessity is not a defence in criminal act.

VI. AS TO COMPROMISE:

> In tort, compromise is permissible.

> Compromise is not permissible in criminal law.

VII. AS TO PROCEEDINGS:

> Proceedings are conducted by injured person in law of tort.

> Proceeding are conducted by the state in criminal law.

VIII. AS TO CODIFICATION:

> Law of tort is not codified.

> Codified in Pakistan penal code.

IX. AS TO POSITION OF MINOR:

> A person under seven year is tortuously liable in tort.

> A person under seven year is not criminally liable.

6. CONCLUSION:

To conclude I can say that law of tort is different from law of contract and criminal law.

Omar Ejaz Advocate is Head of Law Firm “Omar Law & Associates”. He also a Senior Examiner for a major exam board and A-levels Law lecturer at many local institutes.