Tuesday, September 14, 2010

The Basics of Having a Criminal Record Sealed

Being convicted of a crime has very serious consequences and can take a toll on your reputation, family life, and future career opportunities. Life after a conviction can be difficult and many people may struggle to find work if background checks are a part of a potential employer's hiring process. In order to have the details of your criminal record protected from the eyes of employers, landlords and the general public, you need to have your record sealed. The first step in this process is deferred adjudication.

Deferred Adjudication

If you've been convicted of a crime, you may have the option of deferred adjudication. Deferred adjudication does not imply that you have been found guilty. In fact, deferred adjudication is not a final conviction at all, rather, a plea bargain between you and a Texas Court of Law. To receive deferred adjudication, you must plea either guilty or no contest. It is important to realize, however, that deferred adjudication does not dismiss any charges and does not prevent your charge from appearing on your criminal record.

Non-Disclosure

After you successfully complete your deferred adjudication assignment and a probation period, you are eligible to petition for an order of non-disclosure. Non-disclosure works to prevent law enforcement officials from releasing your criminal record to the general public. It also allows you to completely deny any occurrence of criminal activity if asked.

Non-disclosure prevents your record from being seen by the general public, however, law enforcement agencies will still have access to your information. Certain state agencies may also still access your record for professions that may require a license. You should also be aware that although your record has been sealed, the information found in your criminal record can be used against you in any future criminal proceedings.

Waiting Periods for Non-Disclosure Orders

Although you may be eager to have your criminal record sealed, there is a waiting period for orders of non-disclosure. If you have been charged with a felony, your wait period will be 5 years. Individuals charged with misdemeanors are normally allowed to file a petition for non-disclosure as soon as their deferred adjudication period ends; however, there are certain misdemeanors that require an individual to wait 2 years.

Contact a Lawyer

If you have been convicted of a crime and are interested in having your criminal record sealed, contact a skilled non-disclosure lawyer [http://dallasexpungementlawyer.com/contact_expungement_lawyer_dallas.aspx] today. A licensed attorney will be able to evaluate your situation and provide you with the legal counsel needed to navigate the complicated legal system.




Joseph Devine

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Tuesday, August 17, 2010

About Criminal Laws- The Penal 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.




Somdev Mukherjee is a Kolkata (India) based writer of articles, short stories, poems and web content related to finance, mortgage, debt consolidation, insurance, laws and other topics of interest. Somdev is presently associated with http://www.0001articleworld.com, http://www.jmcgarments.com and [http://www.nathinfosolutions.com] as a content developer and manager.

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Tuesday, July 27, 2010

Criminal Intent - Walk 500 Miles

If they take away the audio again: Go to criminalintentmusings.blogspot.com to see the video! Well now you know my dirty little secret! I had such a blast making this, you just can't imagine! This vid is for Magra -- with thanks for her Inspiration, Enthusiasm and Friendship! You go girl! No copyright infringement intended -- just sharing fun! I'm Gonna Be (500 Miles) When I wake up, well I know I'm gonna be I'm gonna be the man who wakes up next to you When I go out, yeah I know I'm gonna be I'm gonna be the man who goes along with you If I get drunk, well I know I'm gonna be I'm gonna be the man who gets drunk next to you And if I haver, yeah I know I'm gonna be I'm gonna be the man who's havering to you But I would walk 500 miles And I would walk 500 more Just to be the man who walked 1000 miles To fall down at your door When I'm working, yes I know I'm gonna be I'm gonna be the man who's working hard for you And when the money, comes in for the work I do I'll pass almost every penny on to you When I come home (when I come home), oh I know I'm gonna be I'm gonna be the man who comes back home to you And if I grow old, well I know I'm gonna be I'm gonna be the man who's growing old with you But I would walk 500 miles And I would walk 500 more Just to be the man who walked 1000 miles To fall down at your door Da da lat da (Da da lat da) Da da lat da (Da da lat da) ...etc. When I'm lonely, well I know I'm gonna be I'm gonna be the man who's lonely without you When I'm ...



http://www.youtube.com/watch?v=AxWzDyTHegA&hl=en

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Saturday, July 17, 2010

Wrongful Death and American Law

Wrongful death is an interesting concept in modern American law. If one person causes the death of another through negligence, direct action, or inaction, they can be held responsible in civil and criminal courts of law. These claims can arise from a number of different circumstances, such as through a car accident, a defective or dangerous product, careless use of firearms, serving contaminated food, or countless other shocks flesh is heir to.

The need for wrongful death laws arose because obviously there would be no way for a dead person to take legal action against the entity that caused their demise, so courts established a way for those that were deprived of the person's life to collect compensation for their loss. This legal precedent has enabled countless families and relatives to use the tort system to pursue justice for their dead loved ones, and establish a system of compensation due to their pain and suffering and economic losses.

One interesting part of wrongful death law in the United States is that while a person may be prosecuted in the criminal justice system for murder, manslaughter or other criminally negligent homicide, they may still also be taken to civil court by the relatives of the dead person. Although the Fifth Amendment to the Constitution expressly forbids double jeopardy, that is a person cannot be tried for the same crime twice, the accused person can be tried separately under civil and criminal laws.

One important example of this type of case was illustrated during the O.J. Simpson case of the last century. While Mr. Simpson was cleared of any criminal responsibility for the deaths of his ex-wife and another party, a civil suit was brought against him and ultimately won by the families of the victims. While he escaped any jail time as would have been a penalty under the criminal system, Mr. Simpson was found guilty of the wrong deaths of the victims, and a substantial monetary settlement was awarded to their families.

Furthermore, wrongful death claims are usually the only way for families of victims killed by corporations to seek damages and compensation. The nature of the complaint, be it criminal or civil, depends greatly on the nature of the death, how it was caused, and the ultimate responsibility of the entity involved, many people that have had loved ones killed due to defective automobiles, household products, or poorly designed medical devices have a pathway to ultimate vindication and justice for the memory of the ones they lost.




Understanding your rights in a wrongful death lawsuit can help get you through this undoubtedly difficult situation and move forward. Bryan Snyder understands the plight and heartbreak of family members left to deal with the reality of an unexpected loss of a loved one due to another's negligent act. His work as a personal injury attorney in San Diego is to protect the rights of his clients to secure a just verdict in their case, knowing all the while, no amount of settlement or verdict can ever replace the value of a lost family member.

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Tuesday, July 6, 2010

Crisis and Command with John Yoo

John Yoo is a Professor of Law at the University of California at Berkley and a visiting scholar at the American Enterprise Institute. From 2001 to 2003 he served as Deputy Assistant Attorney General in the Office of Legal Council in the Justice Department of President George W. Bush. Professor Yoo is the author of a number of books, most recently of Crisis and Command: A History of Executive Power, From George Washington to George W. Bush.



http://www.youtube.com/watch?v=Deh05-KtKqw&hl=en

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Monday, June 21, 2010

TrafficTickets-Myths.avi

I am a Las Vegas lawyer who fixes Las Vegas Traffic Citations. I work in Las Vegas, North Las Vegas, Henderson, and Boulder City. This video gives guidance on Las Vegas Traffic Tickets. For further information please go to www.TheSincitylawyer.com or call my office at 1-877-778-0871



http://www.youtube.com/watch?v=h4slH0zzf-0&hl=en

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