Tag Archives: Supreme Court

The Best Defence From Toronto Criminal Lawyers

Having
trouble with the Toronto authorities and need a quick escape? Get the
best criminal lawyers from the city and leave all your worries in their
hands! With great experience in the law domain, the best interest in
your case, these people will clear your file and restore your good
reputation! When things get complicated and the stakes are high, it’s
demanded that you get the best, in order to turn the most accurate
results, in your favor.

The
Toronto criminal lawyers are people with an experience over 30 years in
protecting the rights and the reputation of civilians. Working for the
best law company in the Ontario area, these people will put up
strategies to defend your personal interests in the best possible
manner. A misbehavior at a wrong moment may have severe consequences.
That is why, you need the best Toronto criminal law firm, so that the
trial you are submitted would end shortly in your favor, clearing your
file! It’s best to hire a lawyer specialized on a certain law domain,
for this person has more knowledge and much more experience than a
lawyers who takes up any case, struggling to protect your rights.
Whether your case is under the jurisdiction of the Court of Appeal, or
it went far away, to the Supreme Court, the Toronto criminal lawyers are
ready to take up your case and solve it properly!

Involved on
frauds, domestic or sexual assault, DUI or white-collar crimes? The
Toronto criminal law has experts in each of these particular cases and
they will inform you over your rights and ways to obtain your freedom. A
firm specialized in defence, with a wide array of completed files,
shows the vast knowledge of the experts who will legally set you free of
charges! Hence you need someone to believe in you, fight and protect
your interests, trust your instincts and hire the best Toronto criminal
defence! Presenting seriousness and integrity at a court law, plus
unbeatable proofs of your innocence, is something commonly met in the
services of the Toronto criminal law firm.

Here
are some of the included services , the criminal lawyers can assist you
in: theft, breaking entrances, robbery, offence regarding driving, drug
charges and homicide cases. There’s a group of Toronto criminal lawyers
dealing with a category of charges mentioned above. Performance
consists in the externalization of their activities, which means that
these people are specialized on a certain domain, which leads to better
results, due to the accumulated experience over the time. The positive
results are based on the impressive number of cases won during their
activity in law.

To conclude with, the Toronto criminal law
office, has hired the best persons whom you’ll owe your freedom. All
types of offences are covered and perfectly solved in your advantage, by
the trustworthy law firms from the Ontario region. If your actions
brought you to face the laws, then be sure to obtain the best positive
results, by obtaining the best Toronto criminal defence!

Long Island Criminal Lawyer – Miranda Changes Explained

I am often asked during the course of my Long Island Criminal Law
practice what should clients do when they are being questioned by the
police. My advice to those clients has always been quite simply “shut
up”. When given your Miranda warnings and you are told that you have the
right to remain silent, BELIEVE IT AND DO IT. Silence was golden.
However, in light of the recent Supreme Court case known as Berghuis v.
Thompkins, that advice has to change somewhat.
The Supreme Court on
June 1, 2010, ruled that a defendant who had been given his Miranda
warnings, but had not specifically asked for an attorney, and had not
specifically declined to answer questions, HAS WAIVED HIS RIGHT TO
REMAIN SILENT. The defendant was continually questioned for three hours
AFTER HIS MIRANDA WARNINGS WERE GIVEN and THEN made an admission that
ultimately contributed to his conviction for homicide.
The Supreme
Court ruled that his failure to affirmatively exercise his Miranda
warnings and request a lawyer, DID NOT OFFER HIM ANY PROTECTION FROM THE
USE OF STATEMENTS MADE BY HIM. So now, in light of this decision, I
have to change my advice and my advice is now this: After you hear the
Miranda warnings, TELL THEM YOU WANT A LAWYER. TELL THEM YOU WILL NOT
ANSWER ANY QUESTIONS. THEN SHUT UP! So really what you have to do is
make your position known and then be quiet. Once you have made your
position on questioning and the presence of a lawyer is made known, the
advice I give to a great many of my clients, that EVEN A FISH WOULDN’T
GET IN TROUBLE IF IT KEPT ITS MOUTH SHUT, continues to apply.

Where Are Criminal Cases Heard in Australia

Most
Victorian criminal law cases are heard in the Magistrates’ Court. This
court has the jurisdiction to hear all summary offences (ie those
punishable by up to two years’ imprisonment, such as drink driving and
driving whilst suspended) and all indictable offences triable summarily.
Your criminal lawyers Melbourne will be able to give you further advice
as to whether your charges are likely to be heard in this court. If you
have been charged with a more serious offence such as rape or culpable
driving, the charges may initially be heard in the Magistrates’ Court
for committal proceedings before proceeding to trial in the County Court
or Supreme Court of Victoria.

The
Victorian Magistrates’ Court includes specialist divisions. In addition
to the basic mention court, which hears guilty pleas, there is also the
contest mention court (which can require criminal lawyers and police to
negotiate the resolution of charges) and courts for contested hearings.
There is also a Koori court, a drug court, and the Criminal Diversion
Program which allows offenders who have been charged with a first
offence of modest seriousness to participate in the diversion program
which leads to the offender being discharged with no finding of guilt.
Participation in the Criminal Diversion Program ensures that the record
of offending is not available to the public, including potential
employers.

If you have been charged with criminal offences, but
your case can be heard in the Magistrates’ Court, you should consider
carefully proceeding in this court rather than taking the matter to
trial. The advantages to proceeding summarily in the Magistrates’ Court
are that there is a saving in time and money associated with the
hearing. There is also a limit on the maximum penalty that can be
imposed by a Magistrate hearing the matter. However, it would involve
proceeding before a Magistrate and foregoing the right to trial by jury.

Following
your Magistrates’ Court hearing, there are three options for further
review of your case if you are not satisfied with the result. In most
criminal cases, including traffic charges, there is the right of appeal
to the County Court against the finding of guilt, and also against the
penalty imposed. There is also a right of review in the Supreme Court in
certain circumstances. Strict time limits apply, so that it is
important to speak to your criminal lawyer early to discuss your
options.

Before your criminal law case proceeds in court, it is
important to obtain advice from a criminal defense lawyer. The lawyer
can give you advice as to whether you should be pleading guilty or not
guilty, and in the event of a guilty finding, how you can ensure that an
appropriate penalty is imposed. Criminal defence lawyers can also give
you advice as to the procedure which applies in your circumstances, so
that you are kept completely up to date as to the stage of your
proceedings as well as the risks and advantages of each step.