Monthly Archives: January 2013

All About Criminal Defense Lawyers In Los Angeles

Criminal defense attorney in Los Angeles

         Salary details of a criminal defense attorney

Criminal defense attorneys are lawyers who specialize in criminal justice. Such lawyers can be found arguing cases in before a jury court rooms, in consultation with their clients or negotiating with prosecutors. These lawyers as a representative for the defendant or as a prosecutor, play a critical role in the administration of justice.

Job description:

Criminal defense attorneys can work as public defenders either for government agencies or government agencies. Irrespective of who they work for, the main responsibility of a criminal defense attorney is to protect their client’s rights during the legal procedures. These attorneys can help the client at any point of the legal process from before an arrest is made to after handing down the sentence.

Education:

Like any other attorney, criminal defense lawyers should also have a license to be able to practice law. In order to be able to do this, the attorney should have a degree in law and should also clear the bar exam in the state where they wish to practice. Criminal defense lawyers are usually into local, state and federal criminal laws and appellate procedures.

Work environment:

A criminal defense attorney in Los Angeles can work on his own as a solo practitioner or work for law firms that deal in criminal law. Criminal defense lawyers in larger organizations are a rare sight. They will be required to spend a lot of time researching and preparing for a case and they will have to make a number of appearances in the courtroom. When preparing for a trial, they will have to work for long hours at a stretch.

Skills:

The ability to speak and communicate clearly and convincingly is an absolute necessity as they will have to argue cases in front of a judge or a jury every other day. As long hours of research are necessary for preparing a case, an attorney should be a brilliant student and researcher.

Salary:

Criminal defense attorneys

          Everything about criminal defense lawyers

The salary of a criminal defense attorney in Los Angeles depends on numerous factors such as the educational background, experience and even the employer. According to the Statistics published by the Bureau of Labor Statistics in the year 2008, the average salary for lawyers was around$110,000. The average salary that an attorney fresh out of college can expect varies between $59,000 and $119,000 a year.

So if you really want to become a criminal defense attorney, know that you have a long road ahead of you. Rome was not built in a day and nor will be a reputation for being a top notch criminal  lawyer!

What Is Aggravated Form Of Mayhem?

Aggravated Mayhem

Assault and Aggravated Mayhem

Assault is the act of threatening to cause injury on another person with the intention to do so and does not require the assaulter to inflict actual harm or injury. The prerequisite for such a charge being that the other person is aware of such threat and the consequential harm and that the assaulter is in a position to carry out such assault. If an assault is committed intentionally, then such act of felony amounts to mayhem within the purview of Section 220 of the California Penal Code which penalizes the act with imprisonment for a period up to 6 years. The elements needed to prove an assault amounting to mayhem include

(i) A person threatened another person of inflicting physical harm by applying force intentionally and unlawfully.

(ii) When the assault was committed, the accused should have been in a position to commit the act by applying such physical force.

(iii) The victim was aware that the assaulter is capable of causing physical harm or injury and that threatened him of dire consequences.

Assault and Aggravated Forms of Mayhem

In the case of assault, if the act resulted in the harm of a person other than the one intended, the law presumes that the act has been successfully committed. The assaulter will be penalized in the same manner and as if he had assaulted the original target disregarding the fact that the intention of the assaulter was not to harm the victim.

The Penal Code in Section 205 recognizes the act of aggravated mayhem as an act of felony. The accused would have committed the act in fullest legal description by unlawfully, intentionally and with disregard to the physical and mental wellbeing of the person. Such an act could cause the victim to sustain permanent disfigurement or disability such as loss of limb, an organ or member of this body.

Forms of Mayhem

Aggravated Mayhem in California Penal                                      Code

The section does not require the perpetrator to have acted with the intent to kill within the description of the statute.

The punishment for aggravated mayhem is imprisonment with the possibility of parole. It is for the prosecution to prove the intention of the defendant to cause permanent disability of disfigurement to the victim.
Assault is one legal term that suffers misinterpretation and misrepresentation in criminal prosecution and the onus is on the legal community to ensure that the statute is rightly applied. Hope this clarifies your questions regarding and if you are still shrouded by doubts, please talk to a criminal legal practitioner.

Career Prospects Of Immigration Lawyers

immigration lawyers in Los Angeles

Los Angeles immigration lawyers

Immigration lawyers are those who are dealing with lawful issues related to the immigrants those who enter the country for residential or employment purpose. These lawyers are generally seen as private practitioners. In some cases they may be forming a part of an international law governing institution. They have been said to practice in those cities where firms with the highest number of immigrants operates. The immigration lawyers in Los Angeles are the best example.

There are many other career opportunities for those who pass out with a graduation in immigration law. Go through the rest of the article to know more about their career prospects.

Legal Issues Related to Entering a Country

The very first duty of the immigration lawyers is to look after the immigrant related legal issues such as obtaining visas for an immigrant and his family members, or for obtaining business visas and getting nonimmigrant visas. These immigration lawyers are also expected to appear for those whose visas have been overstayed by the government. They can also appear for those people who have entered the country without adequate authorization documents. They can also take up cases which are concerned with a person who has been put behind the bars in the military prison due to immigration issues. They can also assist in preparing visas and nonimmigrant paper works.

Other Duties of Immigration Lawyers

Other than immigration related issues, the person practicing as an immigration lawyer must be able to interact with various groups of people like political leaders, business executives, health care providers, general physicians, theater artists and the like. The only requirement to take up this task is that those lawyers should be bilingual in nature. It is very much required as some people may not be having fluency in English language.

Other Related Duties

Immigrant population

Top lawyers in Los Angeles dealing immigration

Other than appearing for normal immigration cases, the immigration lawyers should also appear for many other related issues which include asylum, detention, employment, criminal issues, family reunification issues, and other citizenship issues. Apart from normal immigrant problems, the immigration lawyers are said to appear more in the cases related to employment of the immigrants in certain cities. The immigration lawyers in Los Angeles, who works in favor of immigrant population working in firms out there, can be treated as the best example.

Educational Qualification

Those who desire to build a career as an immigration lawyer should have a doctorate or JD in immigration law.

These are the career prospects of immigration lawyers. Good day!

What Do You Mean By Mayhem?

Physical injury

            Examples of mayhem

Are you wondering what is mayhem? What are the actions that can be described as mayhem? What are the punishments for such an offense? Then please read on. You might find this article an interesting read.

What is mayhem?

Any severe assault on an individual that leaves some kind of lasting physical impact or damage is known as mayhem. So the definition of mayhem included infliction of any form of physical injury in such a way that the body part is removed or has to be removed or is rendered useless.

When are the actions that come under mayhem?

Most States in the United States have included the definition of mayhem under crimes of assault and battery. But there a few states that still define mayhem as a separate offense in their criminal code. For example in the state of California, any person who ruthlessly deprives another individual of any body part or renders it useless or inflicts such a severe injury that it has to be removed, then he is guilty of mayhem. This may include cutting the tongue or an eye, or slitting a lip or the nose.

What is aggravated mayhem?

If the defendant commits the action with complete indifference to psychological as well as the physical well being of the injured person, then he is guilty of aggravated mayhem. The injury should be a permanent one and not temporary for the offender to be convicted.

What are the punishments given to individuals who are convicted of mayhem?

For a person to lose his limb, or nose, or an eye or any other part for that matter is completely life altering. For this very same reason, the punishment given to an individual who commits such a heinous crime should be one that will deter others from committing such crimes in the future. Depending on the nature and circumstance of the offensive action, a person in California convicted of

Aggravated mayhem

                 Punishments for mayhem

mayhem may receive a sentence two, four or even up to eight years in prison. Also, an individual convicted of aggravated mayhem which is considered on par with criminal offense or felony can be sentenced for a life term in prison with possibility of parole. On the other hand, an individual convicted of mayhem in the state of Massachusetts can be sentenced up to twenty years in prison.

For fighting cases of mayhem avail the services of an experienced lawyer. Charges of mayhem are considered very serious and so you will need such lawyers to fight for or against such charges.

Picking A Good Criminal Defense Attorney

criminal defense attorney in Los Angeles

hiring a good criminal defense attorney

If you ever find yourself being charged with a crime, you will most probably need a good defense attorney to represent you; almost no one fights their own cases these days. A good criminal defense attorney will know how to get you through or around the system as needed, and handle your case in the best possible manner. There are many people out there practicing law these days, so you need to find the one most suited to your particular type of case.

Finding a good criminal defense attorney in Los Angeles

  • Work to find a good attorney by seeking reference. Get referrals from the bar association near you; you can either get a list of names form them, or specify the specialty and get referred to a good attorney. See that the attorney you solicit has handled your type of case before; for instance, if you are charged of DUI, find someone who is used to defending DUI suspects. Do not go in for a attorney without previous experience in the area, even if you know him or are related to him in some way.
  • Decide on what you are willing to settle for in the courtroom, before you settling on the attorney who is to represent you. If you are not willing to plead guilty, then find an attorney who is reputed for trial victories. If, on the other hand, you want to cut a deal with the plaintiff, then get an attorney who can get you the best plea bargain.
  • Make sure you ask questions to the attorney before soliciting his services. Find out how long he’s been practicing in the field and for how long a period he has handled your type of cases over. Find out how much he will charge you, and how much of it he expects to be paid up front. Check if he is handling the case personally, or through an associate.

    good defense attorney

    soliciting a defense attorney in LA

  • Ensure that you are comfortable relaying the matters of the case to the attorney you have chosen. This does not mean you have to like the person personally, only that you can appreciate him professionally. He must be straightforward about the best ways in which you can reach a victory or a settlement, and must be available to clear any doubts you might have.

This is some information on choosing a good criminal defense attorney in Los Angeles. The city has a number of law firms reputed at handling some of the tough criminal cases in recent years.

The Role Of Immigration Lawyers In Los Angeles

immigration paperwork

Immigration Lawyers in Los Angeles and their duties

Immigration attorneys focus on immigration issues faced by individuals, families and business enterprises. They guide their client on immigration procedures, visa and other relevant issues unique to the immigrations department. Immigration lawyers in Los Angeles guide you with the same procedure and far ensuring complete protection of immigration law en route to United States. The departments of government that are immigration-specific may at times prove to be troublesome with their highly convoluted system and that’s when you look forward to the assistance of  immigration lawyers in Los Angeles where the immigration laws are some of the strictest in the country.

The Role of an Immigration Lawyer

When you are faced with imminent trouble or when you are incapable of acting alone or when you lack legal understanding of the processes involved, you will be left with no other alternative but seek the assistance of an immigration lawyer. He would be more qualified to interpret rulings and the status of your immigration issue in the Immigration Department. If the issue you face is of complex nature, then the notion gets more concrete that immigration lawyers are the first and last resort when facing hardship before and after landing on a new land.

Are immigration lawyers concerned only with immigration paperwork?

While paperwork is part of the whole process, the employment of an immigration lawyer is usually beyond the scope of the paperwork involved. Of course, documents are important in anything that has got to do with the legal system of the country especially when it comes to determining the identity of a person. An incomplete or inappropriate paperwork can be the source of unwarranted delays and more legal complications and blunders which leave you with no alternatives or solutions rendering the immigration dream a distant reality in all. Therefore, engaging an immigration lawyer makes sense in every aspect discussed so far. They will get you through with the paperwork in a way it ought to be done to ensure trouble-free immigration.

immigration paperwork

Immigration Lawyers in Los Angeles are awesome

Immigration lawyers also impart counseling to immigrants in matters related to their stay and discuss the options available for an immigrant in the U.S.

The role of an immigration attorney also includes educating the client of his legal liabilities and duties during his travel and stay in U.S. and dealing with government agencies and departments. Attorney of high caliber are hard to come by. Most seek out such attorneys after hearing of them from friends and family.

 

 

 

Punishment For Mayhem, When Aggravated

self-defense

aggravated mayhem cases

Mayhem in criminal law refers to serious intentional infliction of injury to a person’s body in parts or as a whole thereby rendering the body or part(s) useless owing to a lasting physical impact. In simple terms, mayhem is a serious form of assault that is committed intentionally. Maiming and disabling a person significantly is also accountable as mayhem. The impact of mayhem could deprive or disable the victim of a member of his body part, cut or disable the tongue, slit the nose, ear or lip.

What is aggravated form of Mayhem?

Mayhem is considered as “aggravated”, if the infliction of harm was extremely reckless and without any regard for the physical or mental well being of the victim of the attack. For the accused to be convicted, the deprivation or disablement should be permanent. In the event of death of the victim, the accused will be tried for felony and murder even though the intention was only to commit mayhem. The accused would be charged in such a case for first degree murder and consequentially could potentially face the death penalty, life imprisonment with or without parole depending on the State laws and may have to spend a major or rest of his life in prison; twenty-five years of life in prison would by all means qualify to be construed thus. Aggravated mayhem however if proved may lead to conviction for life term.

Defense in Mayhem

Mayhem undoubtedly is an act of felony punishable by law. In a case involving mayhem, the defense strategy is to establish that the offence was committed either in self-defense or in defense of others. The infliction of injury in the course of defense should stand justified to be considered for invoking self-defense as defense strategy given the facts and circumstances of the case.

Enhancement of Sentence

self-defense

aggravated mayhem and mayhem

There are instances when, person convicted of mayhem or aggravated mayhem may be imposed with enhanced sentence, adding up to 8 years additionally in prison. Conditions such as the alleged victim being blind, deaf, mentally retarded, paraplegic or quadriplegic also make the convict fit for enhanced sentence depending on the nature of the harm involved.

If the infliction of the injury causes great bodily harm (refer bodily injury definition) or such injury is caused with the intention of causing extreme pain, then the convict may have to undergo extended term of imprisonment for 3 or 6 years or as the court deems it just under the facts and circumstances of the case.

Before Entrusting Your Case To A Criminal Defense Lawyer

The State Bar of California

how to find the top criminal defense attorney in Los Angeles

An accused or suspect in a crime has the right to defend himself irrespective of the nature of the offense in question. There are attorneys who are specialized to handle defense in criminal cases known as criminal defense attorneys. If you are looking for a top defense lawyer in Los Angeles online, search with the keyword, “criminal defense attorney in Los Angeles” for better results. This article coincidentally is also on how to find a top Los Angeles criminal defense attorney and how to proceed while engaging one to handle your case.

Lawyers.com

Lawyers.com is a good choice of website for finding a defense attorney in Los Angeles, who would meet your requirements. The site enables you to modify or refine your search with specific keywords. For instance, if you are looking for a defense attorney in Los Angeles, all that you have to do is type, Los Angeles criminal attorney. If you are to include the crime (Battery in this case) involved, in the search, then you may type, Battery attorney, Los Angeles for results that are specific to attorneys dealing with the offense.

What Next?

Once you are given with a list of attorneys, the next step is to find out their standing in the profession in terms of experience and winning statistics. Search for the number of years of practice and number of cases won. Here in the case of a Los Angeles attorney, you may visit the website of The State Bar of California for more accurate details of the lawyer you may have your eyes on. Check how long they have been in the bar and where and when they graduated and so on. Lawyers.com would let you know the AV Peer Rating of the lawyer of your choice.

Once Fixed

Once you settle down with a choice, discuss the fees and charges for representation and consultation.  Procure a complete schedule related to costs involved and know in advance what you would be paying for the engagement. Avoid if he is targeting on percentage of total amount or of the sorts, for he is going against professional ethics.

The Meeting

The State Bar of California

Criminal defense attorney in Los Angeles, California

Meet the lawyer in person and discuss the case in depth and ask questions. If he is competent, that would show off from the way he answers your questions or interrogates you. Demand his past record if necessary which you may cross check with the court’s entry before fixing him as your counsel to handle the case.

Hope these instructions suffice to find a criminal defense attorney in Los Angeles. The best option, however, would be to go by recommendation from friends.
 

Unknown Facts About Aggravated Mayhem

aggravated mayhem

extreme case of mayhem

Mayhem under the Penal Code Section 203, says that every person who unlawfully degrades the physical appearance of a human being by cutting the body parts like nose, ears, tongue etc is found guilty of mayhem. In order to punish such a person you need to provide sufficient documents to prove such cases beyond reasonable doubt. Aggravated mayhem which comes under the Penal Code Section 205 involves the extreme case of changing the physical or psychological well-being of the victim.

Extreme Case of Mayhem

punish mayhem person

aggravated case of mayhem

The extreme case of mayhem deals with the case when the defendant disfigures the victim. It can even lead to the death of the victim. Once the victim dies, because of the very act counts of felony and murder can be charged even if the intention of the defendant was only to scare the victim. In the case the victim dies due to his injuries sustained, first degree murder (coming under the Penal Code Section 187) can be charged. That person who is found guilty of such offenses can face the death penalty, along with life in prison without the possibility of parole. The defendant may have to lead twenty-five years life in prison according to Penal Code Section 190.

Scope for Defense

The defense to mayhem is similar to that for battery. In the first instance, the defense of the defendant or that of others can defeat a charge of mayhem without any doubt if they can present a case of innocence and prove it. The points on injuries caused to the victim must have reasonable justification under the circumstances. For example, consider a case when one person is held at knifepoint. To save himself the hostage may grab a beer bottle and attack the head of other person. In the means to escape from the murder attempt, one may break the attacker’s facial bones. In such a case it is not a case of mayhem and you can easily defend the case.

Another case of defense is with that of accident by mistake. For example, a cricket player who may argue with the umpire and while doing so, he throws down the ball down in anger. By accident, the ball bounces back from the ground and strike the jaw of the player standing nearby. This is also not the case of mayhem. You can defend such a case with ease.

Causing physical or mental injury is a crime and maiming the body of another through aggravated mayhem is barbaric. If proved, the guilty can get a minimum of two years imprisonment, without any doubt. It can even lead to life time imprisonment.

Impact Of The Exclusionary Rule On Criminal Cases

Exclusionary rule pros and cons

Impact of exclusionary rule on criminal cases

The Fourth Amendment to the United States Constitution states the various provisions under which a security officer can or cannot search a person or investigate into his property. These rules are created to protect the privacy of every citizen. It also prevents the police and government officials from conducting unlawful searches and creating fake evidences. The Exclusionary rule pros and cons and its impacts are discussed below.

Origin

The right to privacy of every citizen and foreign national has been enshrined in the Constitution of every democracy and the United States is no different. Every citizen reserves the right to be secure from searches to his house and person by any public authority and others without a warrant recognizing the same. The Fourth Amendment also states that no warrant may be issued without reasonable cause.

Fruit of the Poisonous Tree

court

Exclusionary rule and the fruit of poisonous tree

This doctrine states that evidence that is obtained illegally should be excluded from court. It further states that evidence collected with the help of the same should be excluded from the court’s proceedings. The evidence was not collected following proper procedure is considered as the poisonous tree; and the evidences that the tree produces are the fruits of the poisonous tree and both are unwelcome in a court of law.

The Purge Taint Doctrine

A person may produce illegal evidence without being aware of the fact that it was an illegal. In such cases, the person can eliminate the taint of having illegally obtained evidence by producing new evidence that is valid. The new evidence should not be part of the poisonous tree.

Officers have often complained that the time taken to secure a warrant is too long and an accused could easily lose evidence in that time. This is one of the most contentious statements against this rule.

Exceptions

Regardless of the exclusionary rule pros and cons, there are certain exceptions that should be considered. The most important among these is the “good faith exception” which states that even if an officer relies on a search warrant in good faith and later realizes that the warrant lacked probable cause, the evidence can still be produced in court.

The “plain view” doctrine states that if a police officer happens to come across substantial evidence in plain view, he can seize it without a warrant and present it in court. The “inevitable discovery doctrine” states that illegally seized evidence can be considered if it would have been seized in a regular police investigation also.

The Exclusionary rule allows citizens to be secure from illegally being framed for criminal cases. A number of unlawful detentions have been prevented following the introduction of this rule.