Best Robbery Lawyer

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Need A Robbery Lawyer?

Robbery is considered a felony in California. If convicted of theft, you may be sentenced to up to 6 years in prison and face heavy fines. If you are being charged with this crime in California, you need to talk to a qualified attorney immediately.

What is California theft?
Under Penal Code 211, California robbery is defined as the criminal taking of personal property in the possession of another, of his person or his immediate presence and against his will, achieved through force or fear. In order to plead guilty to theft under California’s PC 211, the prosecution must prove that it took property that was not possession of its own, of another person and immediate presence, against the will of the person, by force or fear and with the intention of Permanently depriving the owner of its use. California conviction and punishment for theft will vary depending on the charges against you.

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Criminal – Robbery Testimonials

Criminal Lawyers & Defense FAQs

If I’ve Been Arrested For A Crime How Do I Hire The Best Lawyer?

The best lawyer or law firm is the most powerful lawyer or law firm. You’re facing a serious situation that could result in giving up your freedom so you want the most powerful firm behind you. At our firm we have over 24 lawyers over 250 years of experience over 10,000 clients helped that’s the powerhouse you want behind your firm so look for the people with the most experience with the most diverse group of lawyers and the lawyers that are going to fight hardest for you.

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When Should I Hire A Criminal Defense Lawyer?

The answer is simple: right away if you know you’re being investigated for a crime. Don’t make a mistake, hire a criminal defense lawyer. If you have to go to court, don’t go to court by yourself. Hire a criminal defense lawyer if you feel that something is in the pipeline. If a police report is being made against you, don’t wait. Hire a criminal defense lawyer. In this country you have the right to have an attorney, you have the right to have proper counsel, so take advantage of it. Do not wait for the process to start, do not fall behind the 8-ball hire a lawyer the moment you realize your freedom is in jeopardy.

 

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If You Already Have A Criminal Defense Attorney and You’re Not Happy With Your Attorney, Can You Switch It?

The answer is yes. Absolutely not only do you have a right to counsel in this country, but you have a right to the attorney of your choosing. You have a right to have an attorney that you like, so if you have an existing criminal defense attorney that you don’t feel is fighting for you, that you feel you want to switch and get someone else that is more in line with how you want your case to be handled. You have a right to do that at almost any point in your case, so constantly look feel free to take meetings with other attorneys even if you have an attorney and you absolutely have the right to switch criminal defense attorneys at any time in the court process.

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When Should I Represent Myself In A Criminal Matter?

It is not recommended that you represent yourself in a criminal defense matter. There are attorneys that are trained, that go to school, that go through years of training to be able to be experts on the law. Experts in the courtroom, expert litigators and these experts are here and you have the right to have them represent you. Make sure that you are represented all the time. To represent yourself is like saying if you had a surgery coming up can you do the surgery by yourself.

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What Is The Difference Between A Public Defender and a Private Lawyer?

Public defenders work for the government and get paid by the government in order to provide representation for people who don’t have the funds or the means necessary to hire private lawyers. A public defender works for the government the same government entity that is also prosecuting you for a crime. A private lawyer is completely different.  A private lawyer works for himself, there in private practice, they are trained to represent individuals on a private level private setting. When you go into their office and is not a government office, it is not an office in the court house, it is an outside office. The main difference is public defenders are usually inundated with a huge number of cases because they’re working for the government. A private lawyer gets to set his own rules his own standards. Private lawyers typically provide a higher level of service to customers because there are private lawyers and you pay for them so they have more time more resources to put into your case.

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Are There Any Drawbacks to Hiring a Public Defender?

Public defenders work for the government and have a tremendous amount of cases. They’re extremely busy because the government gives them these cases to handle for people that don’t have the means to hire a private lawyer. As a result, sometimes the complaints we get about public defenders when people come to our office is that the public defender is too busy or they don’t return their calls, not paying enough attention to the case. People want to change from the public defender’s office to a private lawyer to get that special treatment. To get that special attention they need because at the end of the day you are fighting for your life and freedom.

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How Do You Bill or Charge For a Criminal Defense Case?

The way the Matian Firm works is we provide a flat fee retainer for your case. For example, if you come into our firm and you say I have a DUI well we will charge you one price one time for that DUI. We don’t charge per hour, we won’t bill you every single time, we do everything we charge one one fee one time for the price. We also offer payment plans, so if you can’t pay the full amount upfront then you could go on payment plans well we’ll get an upfront fee from you and bill you monthly.

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How Much Do Criminal Defense Lawyers Cost?

It depends on your case. If you have a murder case that is going to cost you a tremendous amount of money, especially as compared to if you have a simple misdemeanor case like trespassing. Cases range from as little as nine hundred dollars all the way up to six figures, depending on the case. It depends upon the severity of your case.

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How Much Does A Private Criminal Defense Attorney Cost?

It depends upon your case. Defense attorneys charge a one-time flat fee per case and the reason is they look at your case and determine how severe it is. Is it a felony? A misdemeanor? If your case is serious, the cost is going to be much higher. If your case is a lower-level crime, then the cost is going to be much lower.

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I Was Caught Red-Handed, the Police Have All the Evidence to Prove that I’m Guilty. Why Should I Hire a Criminal Defense Lawyer?

You should absolutely hire a criminal defense lawyer. Because even if you think the government has all the evidence they need against you, a competent criminal defense lawyer could challenge that evidence. They could challenge the admissibility of that evidence, they could challenge how that evidence was gathered, and see if it was gathered in accordance with the laws of the Constitution. If we could prove that the evidence was gathered against the laws of the Constitution then we could try to keep that evidence out. Furthermore, everything is a negotiation there is a vast sentencing sheet that will be fought that will be negotiated.

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Under What Circumstances Will A Case Be Completely Dropped and Dismissed Against Me?

There are essentially three ways: 1.) The district attorney could make a decision to drop the case because they feel that there isn’t enough evidence to proceed with a crime 2.) The court may drop a case at a preliminary hearing a trial bate or based on a motion that there that the prosecutors cannot prove their crime beyond a reasonable doubt or that probable cause doesn’t exist. 3.) Getting your case dismissed completely at trial.  

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What is the Difference Between a Felony Case and a Misdemeanor Case?

If the crime that you’re charged with can land you in prison for over a year then that is classified as a felony. If the charge that you’re charged with could put you in jail for a year or less, but not as classified as a misdemeanor. A misdemeanor is a lower lower classification of crime than a felony. Felony cases are more severe cases. Cases like arson mayhem, carjacking, rape, murder. Misdemeanor cases are less serious. Trespass, first-time DUI’s, things of that nature so there is your definition of what is the difference between a misdemeanor case and a felony case.

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Does the Police Need a Warrant to Arrest you? In What Circumstances Can a Police Officer Arrest You Without a Warrant?

No, the police do not need a warrant to arrest you. If a crime happens in their presence and they witness it, then they can arrest you. If they show up to a scene and they, based on probable cause, circumstances, and totality of the facts, feel that a crime was committed they can arrest you. In most cases, police make warrantless arrests all the time. For example, if you are driving and a police officer pulls you over and has a suspicion that you are driving under the influence, then they could remove you from the vehicle, ask you to take some tests and if there’s enough evidence to show the police officer that you are indeed intoxicated over the legal limit, he can make an arrest right then and there without a warrant. Another example: if a police officer shows up to your house because there was a call of domestic violence and a witness states that there was domestic violence they don’t need a warrant to arrest you. Those are some examples of warrantless arrests.

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How Do I Know When to Plead Guilty?

If your attorney really recommends. So make sure your attorney has fought tooth and nail to get you the best possible offer, the best possible plea deal, that attorney could get you. Once that offer is presented to you from your attorney then you got to go over that offer make sure that there isn’t a better offer that you could get make sure that there isn’t more you could fight. When you accept a plea deal there is a very very strong likelihood that that plea deal is gonna stay on your record and cannot be changed for the rest of your life. This is a one-time chance and this will affect the rest of your life because it will be on your permanent record.

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Is There A Better Chance I’ll Get a Plea Deal If I Wait Closer to Trial to Plead Guilty?

The answer is this it’s unknown. Every courthouse is different, every jurisdiction is different, every judge is different, every prosecutor is different, and every single case and set of circumstances is different. So you need to get a competent powerful attorney that knows that jurisdiction, knows that venue, that courthouse that judge, that prosecutor knows how to play the game in that specific courtroom and knows the information you need to know so you can make the best decisions.

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What Are Miranda Rights?

Miranda rights are a set of rights that you are afforded that the police must read to you when you are in custody. You’ve heard this all the time probably on TV shows or in movies when you hear the police officer say you have a right to remain silent, you have a right to contact an attorney, anything you say can be used against you, and you’ll go through a list of Rights that you may have. Those are Miranda rights.

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Why Is It Important That Miranda Rights Have To Be Read For Me?

Miranda rights are only supposed to be read for you. They are only applicable is if you are in custody and the police want to ask you incriminating questions about your case. So it’s a two-prong test the first prong is are you in custody so are you arrested are you in a position where you can’t you are not free to leave from police presence. If the answer is yes then you’re in custody the second prong is are the police asking you questions about your criminal case. If so, they must read you your Miranda rights. If not, they don’t have to so for example if you are arrested and the police ask you what is your full name well that is not an incriminating question so you don’t have to have your Miranda rights read to you. However, if you are arrested and the police say why did you do this crime guess what they need to read you your Miranda rights before you answer that question so that is when and why it’s important.

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If I Was In Custody and the Police Asked Me Incriminating Questions and I Answer Them, But They Did Not Read Me My Miranda Rights, What Happens Then?

Well if you have a good attorney, a competent attorney they will file a motion to make inadmissible your answer. So if you provided an answer to a police officer’s incriminating questions, and he did not read you Miranda rights, an attorney is going to try to keep out your answer that you provided of your case completely. So we are going to wipe the record clean of your admission. For example, if the police officer has you in custody and says where were you the time of the crime and you answered and they didn’t give you your Miranda rights well a competent attorney will file a motion and your answer will act as if it never happened. We will make that answer inadmissible in court we will not let it be used against you.

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What Is An Arraignment?

Every criminal case has multiple stages: You have your arraignment, your pretrial conferences, your settlement conferences possibly preliminary hearings motions. Motions in limine and then your trial readiness conferences and possibly trial an arraignment is day one. An arraignment is the first time you walk into court where the government will present their case in form of a complaint to the court and to you. You will then enter in a plea to the judge. You will tell the judge whether you are guilty or not guilty it is the first day of court and your case will start from that moment. You will pick up your evidence, you will pick up your complaint, you will read the charges against you, you will have them your attorney should be accompanying you to arraignment so he can make sure that the process is moving forward perfectly.

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Does California’s Three Strikes Law Still Exist?

Yes it absolutely does and it’s being used against defendants every single day. So if you are charged with a crime and that crime could result in a strike two, strikes three strikes or even more in some cases, make sure you hire a powerful law firm and a wonderful attorney to represent you because your freedom is absolutely in jeopardy.

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Do I Have to Be Present During My Arraignment Or Can My Lawyer Show Up For Me Without Me Being There?

The answer is simple: it depends if you are charged with a felony case, you must show up to court even if you have a lawyer. So if you’re charged with any felony case, the court will make you show up, and if you have a lawyer, with your lawyer. There are certain types of misdemeanor cases which will allow your lawyer to show up for you and you don’t have to go to court with them. Contact the lawyer let your lawyer know what you are specifically charged with and then your lawyer will let you know if that crime qualifies for him to go to court without you being present. So make sure you contact a lawyer and get their advice.

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Do I Need a Lawyer At Arraignment?

Yes, absolutely. If you are ever charged with a crime, if you are ever being investigated for a crime, it is recommended that you always have a lawyer. You are hopefully only going to be dealing with this type of situation one time and that one time can affect your whole life. So you want to make sure you have representation from the very beginning of the case until the very end so yes, you should always have a lawyer, even at arraignment.

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What Is Bail?

Bail is a condition of release, typically you put up money to be released from jail that is bail. So if you’re charged with a certain crime depending on the crime the court will make a determination whether or not you must have this pre conditional setting, pre conditional bail, to make sure that you are showing up to court every single time you have a court date that is bail.

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What If I Cannot Afford Bail?

If you cannot afford bail and there is a bail on your case, then unfortunately you are going to be held in custody for the duration of your case. You could let your lawyer know that you can’t afford bail and ask him if he could try to either reduce your bail or even try to get you no bail. Or what’s called having you release on your own recognizance, so that’s why having a lawyer is so wonderful because in some cases a lawyer can actually save you money if he’s able to negotiate your bail or completely do away with it.

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Can I Be Released Without Any Bail Amount?

It depends on what you are being charged with. There is a litany of cases that you will just simply be cited for by police and there’s no bail. For example, simple trespassing charges typically, a police will give you a ticket with a court date and you show up to court there’s no bail there’s no arrest, there’s nothing. In more severe cases, for example, like a domestic violence with injury a third time DUI, those cases of police will take you into custody, book you, put you in a holding cell, and then issue a bail that you must pay in order to get out of custody.

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What Is O.R Release?

OR is a term that stands for own recognizance. What this means is that the judge has made a determination that there is no bail or the police have made a determination that a bail is not necessary. And they are going to release you on your own recognizance on your own promise to show up to court and fight your case.

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How Do I Get Offered a Plea Bargain?

In almost every single case the prosecutor’s office is going to give you an offer to settle the case. However, the important thing is not getting an offer, the important thing is is fighting for the right offer. Every prosecutor will provide you with an offer. That offer could be terrible, it could be okay, but what you need to do is make sure that you have the best possible attorney so you could continue to fight that case to not just get any offer. You want to fight to get the best possible outcome, the best possible offer, and hopefully dismissal of your case.

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Is a Plea Bargain In My Best Interest?

In some circumstances, if you’re facing a criminal charge, the police may have enough evidence against you to be able to prove your guilt. At trial, in those situations you don’t want to take a risk of going to trial. If you know you’re gonna lose because the punishment could be severe. So in certain cases where the evidence is stacked up against your client or stacked up against you. As a defendant, you’re looking for not just any deal but you’re looking for the right deal so in those cases when the risk/reward analysis isn’t great, when you’re going to trial, you’re really looking for a plea bargain and a great attorney can always try his best to get you a great deal so.

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What Makes A Crime A Crime?

If you could do an act and as the result of that act is being charged by the government with a crime that could put you in jail. If the consequences of your act can put you in jail and take away your freedom, then that’s a crime if the consequences

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What Is Mens Rea?

Mens rea goes to your intent, your mind, your brain, when you do an action. For example, in criminal cases the majority of criminal crimes constitute an intent, you must prove that the person intended to do that which he did. For example, if I punched someone in the face and I intended to do that, that’s a crime. That’s assault. I didn’t act, the act was actually making contact with my fist to his face, but the main component of the crime is did I mentally prepare myself and that I’m maliciously doing it? Did I knowingly do it? The answer is yes, then I have the men’s rea. There are certain situations where you do an act then you don’t have the mens rea. For example, if I punch the cameraman in the face but I am on a prescription drug and I completely black out and I have no idea what I’m doing and I cannot control my body, I cannot control my mind, then I do not have the mens rea. So I cannot be charged with assault because I don’t have the mens rea. I don’t have the specific intent to do what I did, even though I did it. Men’s rea is basically my mind knowing what I’m doing and my mind carrying out the conduct of which I did.

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What is the Difference Between a Mistake of Fact and a Mistake of Law?

Mistake of Fact: Can be a defense to a crime. For example, let’s say you had an identical purse as someone, and you put it down next to theirs. You come back, and accidentally grab theirs and go home. You are then charged with theft. You never intended to steal anything, this was just a mistake of fact. You picked up the purse that was the same color, brand, etc. It is reasonable to use that as a defense. Mistake of Law A mistake of law is completely different. A mistake of law is typically not a defense in the majority of jurisdictions across the nation. A mistake of law is basically someone trying to say, “I was not aware of a law that  I violated. I did not know about the law.” That is not a good defense. Typically laws are made public and there’s an implication that everybody knows what the law is.

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What is the Difference Between Careless Negligence and Reckless Criminal Negligence?

Careless negligence is things that are more minor. For example, if you’re driving on the street and you’re in your own lane, and you’re minding your own business, going the speed limit, and someone doesn’t see you and they come into your lane and hit you, that person was not criminally negligent. That person made a simple mistake, came into your lane, and that is just simple negligence. The person didn’t check his blind spots didn’t make a proper lane change and hit you. That is negligence that is not a crime. Criminal negligence is completely different. Criminal negligence is you get behind the wheel of a car, you’re intoxicated, you hit another vehicle, and you injure people in that vehicle or your own vehicle. Well you had no intent to injure anyone, however, because you should have known if you got behind the wheel of a car intoxicated this could happen, it’s reasonable that you could get into an accident as a result of your intoxication. It’s reasonable that other people are going to be in other vehicles or your own vehicle and they could be injured as a result. Criminal negligence is when you don’t have the intent to do something specific, like hurt someone in a car accident, but because it’s reasonable to know that if you are intoxicated and get behind the wheel that could result in injuring someone else, that is criminal negligence. That is a crime.

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What is the Difference Between Unintentional Conduct and Intentional Conduct?

If I intend to do something that is intentional, if I don’t intend to do something but something happens that is unintentional, it’s like a mistake or a willful act. So for example, if I want to punch someone in the face, it is an intentional act. If I get up and I fall off, and my hand hits him as I’m falling down, I still make contact with his face I still make contact with his face with my hand, but I never intended to do that it was a mistake. It was an accident so I will not be charged with a crime because of that. And the first example, I intended to hit him in the face that is different that is an intentional act so that is the difference between an intentional act and an unintentional act.

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Willful or Malicious Behavior When We’re Talking About a Crime?

If I intend to do something that is intentional, if I don’t intend to do something but something happens that is unintentional, it’s like a mistake or a willful act. So for example, if I want to punch someone in the face, it is a willful intentional act. If I accidentally bumped him while falling over, it is not willful or malicious.

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What Role Does Motive Play When it Comes to a Crime?

Motive typically isn’t an element in any crime. We don’t really have the element of motive in a crime. However, motive helps explain why a crime happened. So if I assaulted someone, the cops are gonna ask me why would I do that, and the reason why motives so important is because we’re trying to paint a picture. We’re trying to understand a story.

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What Type of Crimes Do Not Require Mens Rea or a Specific Intent to Act?

DUI is a perfect example of a crime that does not require mens rea. Because when you’re intoxicated you typically don’t go into the car, and you think to yourself “I am driving drunk.” We don’t need the specific intent or the mens rea for you to do that if you are operating a motor vehicle, and you are over the legal limit that’s it. You could be charged and convicted of a DUI without any requirement of mens rea or specific intent.

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What is Strict Liability Law?

Strict liability law is basically if you violate a law that does not require a specific intent or an intent. For example, statutory rape is a strict liability law. If you have a sexual relationship with your partner and your partner is under the age that the law prescribes, then that is strict liability. You don’t need to know or prove that you knew what their real age was. Even if you thought that they were overage, that they were of age, that they were in a legal age to have sexual activity with you, it won’t make a difference if the person is underage and you do partake in sexual activity with them.  That is statutory rape, that is strict liability. Another example of strict liability is any sort of traffic ticket. You don’t need to intend to pass a red light for you to get a ticket to pass a red light. If you pass a red light you get a ticket, if you change your lanes without signaling, you get a ticket. There is no need for the police officer to prove that you intended to change your lane without signaling.

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What Is An Assault In A Criminal Setting?

The definition of assault in a criminal setting is putting someone under the reasonable beliefs that they are going to be imminently harmed by you or actually harm by you. For example, if that person is under the belief that you are about to strike them then that is an assault. If you do strike them, that then that is an assault, as well depending on the jurisdiction, some people use the eminent capacity under the word assault. Battery is actually when you inflict harm upon the person. Assault and battery depending on the jurisdiction are interchangeable terms so that is a general definition of assault.

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What Is the Difference Between Simple Assault and Aggravated Assault?

The answer is pretty self-explanatory. Simple assault is when there are either no injuries or very minor injuries. Possibly extremely minor bruising or something along those lines. Battery aggravated assault is when there are injuries, significant bruising, broken bones, cuts, stitches, internal bleeding, things like that will lead to a more aggravated charge, a heightened charge, possibly even a felony. It really depends upon the injuries of the victim when it comes to the definition and classification of the range of assault that the prosecutor is going to charge you with.

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What is Manslaughter?

Manslaughter is when you have an unintentional killing of a victim without any specific intent. An example of manslaughter is if you are in a vehicle and you are criminally negligent and you get into an accident as a result of your criminal negligence, someone passes away that is manslaughter. You did not have the specific intent to kill someone but as a result of your criminal behavior you did that is manslaughter.

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What is the Difference Between Manslaughter and Murder?

Manslaughter is when you to have an unintentional killing of a victim without any specific intent. An example of manslaughter is if you are in a vehicle and you are criminally negligent and you get into an accident as a result of your criminal negligence someone passes away that is manslaughter you did not have the specific intent to kill someone but as a result of your criminal behavior you did that is manslaughter. murder for murder you need a specific intent.

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If You Are Pulled Over By Law Enforcement Does Law Enforcement Have the Right to Search Your Car?

The answer is police officers don’t have a right to search anything. There has to be certain circumstances that will give them the reason to search your car and specifically it could happen in two ways. 1.) if there’s probable cause. For example if the police officer feels that a crime is afoot does the police officer have articulable facts to show that there is a possibility of a crime happening. Then, if so he could search your car. If he could point to probable cause. 2.) Is a safety measure if the officer is under a reasonable belief that his own safety is at jeopardy there are certain circumstances where he could search your vehicle. There is a third factor, but that factor depends on you. You can always give consent for a police officer to search your vehicle. So if a police officer simply asks you hey can I search your vehicle, even if he has no reason, even if he has no cause to ask you that question he’s allowed to ask you that question. If you say yes even if he has no probable cause even if he doesn’t feel like he’s in danger but you will allow him to search the car.

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What Kind of An Attorney Should I Expect to Work On My Case? How Many Attorneys, Paralegal Staff Members, Are Usually Assigned to a Criminal Case?

Well that all depends on your specific crime and also the type of firm you hire. If you hire a firm that only has one lawyer and one assistant, then you’re probably gonna end up with one lawyer and one assistant. If you hire a firm that has 24 lawyers and about 100 paralegals and assistants then you’ll probably end up with more than one lawyer and one paralegal on your case. It also depends on the circumstances and facts of your case. So if you’re charged with a murder case, you’re probably gonna have a bigger team on your side then if you’re charged with say for example a simple drunk in public type of case or a simple trespass type of case. Everything really depends on the type of firm you hire and also the type of case you have.

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What Happens If the Federal Government Arrests you?

The majority of arrests are made by the state government. However, the federal government also has a prosecutorial arm and the jurisdiction where they could charge you with crimes. Similar procedures are afforded on both the state level and the federal level, so if you are arrested in a federal case, you’ll pretty much go through the same procedural steps as you do at a state-level case. They’ll go into custody, a possible bail or bond will be put over your head and then you will fight your criminal case and you’ll also be afforded with the right to have a lawyer at all the stages and proceedings of your federal case.

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What Is An Arraignment?

Every criminal case has multiple stages: You have your arraignment, your pretrial conferences, your settlement conferences possibly preliminary hearings motions. Motions in limine and then

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What Is Bail?

Bail is a condition of release, typically you put up money to be released from jail that is bail. So if you’re charged with a

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What Is Mens Rea?

Mens rea goes to your intent, your mind, your brain, when you do an action. For example, in criminal cases the majority of criminal crimes

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