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Archive for December, 2009

How has the American justice system transformed so amazingly over the last few decades? The answer could be a very complex problem to identify.

Are these changes due to an increasingly larger number of attorneys that have entered the marketplace? Is it because the burden of proof is so undeniably different in the two courts of the law? Or could it be because the capitalistic system that we live in is so dependent upon money that we as a society have to determine blame and assign a dollar amount to it?

Reading fiction books as well as watching network and cable television contributed to my thinking process. The American public including the media has a fixation with murder and death. If you and the vast majority of Americans are like me, then you probably haven’t come across murder and shootouts and street killings unless you are on the front line of law enforcement and need to work those crime scenes on a daily basis.

A couple of trials over the last ten to twelve years that garnered nationwide attention also started my mind thinking in overdrive. Both occurred in the Southern California area. They were the trials of O. J. Simpson and Robert Blake.

In each case the aforementioned parties were acquitted of the criminal charges that had been brought against them. Each escaped prosecution from murder on the criminal side of the law. However, on the civil side of the law each was held responsible for actions that contributed to the deaths of the victims. An arbitrary monetary amount was determined in civil court for those two people to pay to the relatives of the victims. When you stop and think about it, how bizarre can that be?

That came about because the burden of proof is so remarkably different in the two courts of law. On the criminal side the burden of proof is so extraordinarily difficult to prove without a shadow of a doubt. Because of that we have lawless individuals walking the streets of our society because they have attorneys that are adept at putting a seed of doubt in the minds of jurors. Only one juror and in some instances two, can hang a jury or force acquittal. On the civil side only a simple majority or in some instance two-thirds of the jurors can determine the monetary damages that the accused should pay.

Let’s take a second and examine the two sides of law and put the differences in layman’s terms. There has been a crime or action committed. In a criminal court of law the government brings the case against the accused. In a civil court of law the parties are two private individuals. In a criminal case the court must decide if the accused has violated a statute against society as a whole. In a civil case the court must determine if one person has caused harm against another.

To take this example further, the penalty in a criminal court of law is punishment or some sort of rehabilitation. In a civil court of law the remedy is monetary compensation for the loss that was sustained. To accomplish all of this the prosecutor in a criminal court must prove without a reasonable doubt that the accused has committed the crime. In a civil court the plaintiff merely has to prove that the preponderance of evidence supports the claim.

That offers some sort of explanation as to why the outcome in both the O. J. Simpson case and the Robert Blake case caused two glaringly different conclusions. In both cases the criminal prosecutors for the government could not prove without a reasonable doubt that the accused committed the crimes. However, in a civil court the attorneys for the plaintiffs were able to prove through a preponderance of evidence that the defendants were responsible for the deaths of the victims. Hence the court awarded monetary damages to be paid by the defendant to the relatives of the victims.

The crime of murder and the fixation on that crime by our society is one example of how the two courts operate differently. But let’s look at a different crime that occurs in our society. Let’s look at a case of fraud. This could also be explained as a subtle crime, commonly referred to as white-collar crime. It is so different from a murder or a bank robbery.

In a criminal court a crime such as fraud is also extremely difficult for prosecutors to prove. Plus the crime would have needed to be against the government before any charges were filed anyway. And even though the preponderance of evidence in theory works in a civil court, it is so difficult for a defrauded individual to come up with the resources to prove that a fraudulent action occurred.

Under that scenario the defrauded party, who more than likely was cleaned out financially must come up with the money to afford a legal team. In all likelihood they must also fund a team of private investigators. In the meantime, the person that committed the fraudulent act has the financial gains from the fraudulent act to successfully deter any efforts to collect damages. In that set of circumstances the deck of cards is stacked against the plaintiff that is filing suit against a defendant.

Take it one step further. Pick up an entertaining book titled “Lifetime Loser” by James Ross pertaining to this concept and see how it is applied to the game of golf … specifically nicknamed the “gentleman’s game.” It deals with the two separate courts of law and the crime of fraud.

The book might also serve as a notice that there are other crimes in our society that should have as much if not more attention given to them than just the act of murder. Fraud and white-collar crime can ruin lives just as easily. An aspect of the story examines one characters journey through the civil court system and the hurdles that it presents. See how the preponderance of evidence collected by a plaintiff can be difficult to bring forth. In many ways it can be as complex in civil court as the burden of proof is for a prosecutor in criminal court.

It is vital for everyone charged with a crime in Illinois to consult an attorney at the earliest. This is because upon conviction, one would face life changing penalties and consequences.  Prosecutors would strive really hard to ensure that the guilty is convicted of the charges. Therefore, one would definitely need the services of efficient and competent criminal attorneys who will work even harder to get the charges absolved from his/her clients. 

Irrespective of the status of the wrongdoer, that is, whether it is someone who has committed a crime in sheer ignorance or an atypically hardened criminal, the criminal attorneys extend their services to one and all equally. People charged with criminal charges need to be defended aggressively at every stage for this defense encompasses the very future and freedom of the person in question. This can be best done with the help of experienced criminal attorneys in Illinois.

Why Is There A Need Of An Attorney

One may require hiring an attorney if he/she is charged with any of the following crimes that come under the purview of criminal law in Illinois. These, though not exhaustive, are:

*   Drug crimes of all kinds
*   DUI/DWI
*   Domestic Violence
*   UUW (Unlawful Use of a weapon)
*   Assault and Battery
*   Hate Crimes and Violent Crimes
*   Burglary and Robbery
*   Theft
*   Motor Vehicle Theft
*   Murder and Manslaughter, and
*   Sex Crimes etc.

Defense against these charges is never easy, and the conviction may cast severe adverse effects on the life and future of the person charged with these. 

The convictions in these cases heavily depend upon the charges levied. One may be sent to prison, may have to pay  heavy fines, may be put on probation, may have to undertake  community service, may need to restitute the victim, may face suspension or revocation of their driver’s license, may have to undergo alcohol or drug treatment, and may even be registered as a sex offender. These and a lot more grievous consequences may follow unless one hires competent criminal attorneys in Illinois, who will work hard to try to get his/her clients off.

Prosecutors are not positively disposed towards those charged with criminal acts. Their aim is also to put them behind the bars for as long as they can, and unfortunately, justice takes a back seat in certain cases. Good lawyers always have the best interest of their clients in mind, and they strive really hard to ensure that justice prevails and the charges levied upon their clients are absolved or little penalties as much as possible are only administered.

When To Contact An Attorney

The best time to contact criminal attorneys is right after the accusation has been made known to you or at the very initial stages of investigation itself. The investigating officers may consider the person under investigation as a suspect at any point in time. Therefore, it is advisable to consult an attorney at the earliest for unnecessary delay may cause the levying of charge and the suspect getting arrested as well much before he/she even gets a chance to reflect over the course of events.

One must never ignore the gravity of a criminal case and must hire the best attorney to ensure the protection of their rights right from the very onset of the case.  Ultimately, it is someone’s future and freedom that is at stake and to the attorney needs to ensure that they are not jeopardized.

If you are facing a criminal charge, no matter how minor, you will benefit from consulting a competent federal criminal lawyer. The law and its workings, this is intricate business. You cannot expect to prove yourself innocent on your own. If you want justice in time, you should be hiring a Federal criminal attorney /lawyer. When your freedom is at stake, don’t hire someone who for the most part does state court cases. Federal Court requires a Federal Criminal Lawyer who is aware and able.

The duty of a nation’s federal criminal attorneys is to guarantee righteousness and due process for persons accused of crime or other wrongdoing. A federal criminal attorney is a lawyer specializing in the protection of individuals and companies charged with criminal conduct. Federal criminal attorneys handle issues surrounding the apprehension, searches of client or property, and arrest of their clients in view of the Fourth Amendment, as well as any statements the client may have made, in view of the Fifth Amendment.

The crime rate has been on the rise for many years now. Loads of cases are reported on a daily basis and a large number of individuals are accused of violating federal criminal statutes. However, without proper trials and search, there is no way to be sure that the accused individual is certainly a criminal. There are many legal firms which provide the services of federal criminal lawyers who are highly knowledgeable and are gifted lawyers in their own right.

Federal criminal defense attorneys also work with the essential issues of the crimes with which his or her clients are charged. Federal criminal attorneys are free to presume innocence of the client until prosecutors provide evidence for each essential element of a crime beyond a reasonable doubt. Grave crimes like felonies are tried to juries of twelve people and the jury must be undivided in its verdict to either convict or acquit the defendant. A split in the jury is often called a “hung jury” and may result in a retrial of the defendant. Federal criminal defense attorneys enthusiastically pursue their client’s cause through all stages of a criminal trial.

The proficiency of federal defense firms ranges from straightforward assault cases to disorderly conduct to highly intricate fraud and stealing cases. Typical cases include drug trafficking, public corruption, mail fraud, mortgage fraud, bank fraud, money laundering, and conspiracy to commit those crimes. There isn’t any federal crime that they have not defended for their clients. The federal criminal defense attorneys of such firms personally fight and negotiate with federal authorities on a daily basis.