Criminal Law

Blog written by Barry K. Rothman.

Police Laws deal with the code of conduct and the regulations that law enforcement officials have to follow. These laws are monitored by agencies like internal affairs divisions and state attorney generals. Most police laws will deal with the use of excessive force, misconduct, not reading suspects their rights, corruption, interrogation practices, and police brutality.

Police departments are considered to be non-military organizations that are overseen by the government. The main task of the police is to handle domestic issues, and not handle foreign powers overseas, as this is a military function. Apart from the police department, other agencies like sheriffs, state troopers, city police, U.S. marshals, FBI agents can exercise police powers.

The main role of the police is to preserve order. Police are granted powers in the form of force to prevent crime and the power to impose fines to protect people and property.

Although these privileges are granted to the police, their actions must be closely monitored to ensure that they are acting within the law. Sometimes police can be tempted to engage in activities that they have been asked to prevent. Often police law will be similar to constitutional and human rights laws, as these are areas that police are likely to break. Often police break laws when they get frustrated with the inability and constraints of the law to resolve cases. They then take the law into their own hands to solve a case or to get a confession out of a suspect.

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If a person is not read his/her rights before being questioned, any evidence obtained from the suspect may be inadmissible as evidence. Here are some details that you should consider.

The Miranda Rights have to be read to a suspect before they are interrogated. They are as follows “You have the right to remain silent. If you do say anything, what you say can be used against you in a court of law. You have the right to consult with a lawyer and have that lawyer present during any questioning. If you cannot afford a lawyer, one will be appointed for you if you so desire. If you choose to talk to the police officer, you have the right to stop the interview at any time.” If a person is not in police custody, these rights do not have to be read.

If arrested, you should ask for clarification before speaking to an officer. You can always leave the station if you are not under arrest. For some reason, if the officer does not let you leave, you can ask for an attorney before answering any questions. You cannot be under arrest for not answering questions. If you are under arrest, an attorney will advise you to remain silent, until you have spoken to your attorney in private.

If you or someone you know under arrest, advise them to speak to an attorney first. If you have been read your rights or not, speaking to an attorney will give you a better chance at trial.

Article written by Barry K. Rothman

Fraud law addresses issues with people wrongfully obtaining money, property, or other benefits by dishonesty. Fraud is considered a felony and can mean a conviction of one year or more years in jail. Other penalties can also include fines, victim reimbursement, and community service. If the case is heard in civil court, usually the plaintiff receives compensation in the form of money. Here are some key areas to be considered in fraud cases.

Fraudulent Intent – To prove the defendant has been fraudulent the victim’s lawyer has to prove that the defendant intended to defraud the victim. Most often fraud cases will not have direct evidence that the defendant had intent.

Common types of fraud crimes – The most common types of fraud cases heard in US courts are check and credit card fraud. Check fraud cases involve the defendant writing a check and the account not having sufficient funds, causing the check to bounce. Most often first time offenders will only have to pay a modest bank fee. However, repeat offenders can be convicted, resulting in jail time. Credit card fraud occurs when someone uses a person’s credit card to make a purchase. Often cards have been stolen, or the credit card number obtained when a purchase occurs. Other forms of fraud include counterfeiting, money laundering, prize fraud, investment schemes and mortgage scams. Nonfinancial fraud also includes romance schemes and identity theft. Each year more unique methods of fraud are developed, forcing new laws to be created.

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Being incarcerated can be an unpleasant experience. However, the policies, rights, and daily life of an inmate can differ between jail and prison.

The length of stay for inmates – The main difference between jail and prison is the fact that jail involves a short stay; the whole prison involves a long stay. This is because jail will hold inmates awaiting trial or those serving a short sentence. Prisons, on the other hand, hold inmates for longer periods and help to reform inmates with programs that include educational, substance abuse and vocational programs.

The type of crime – Jails will often hold inmates who have convicted for misdemeanors, while prisons will hold inmates that have been convicted of serious crimes. The level of security at prisons will also vary from minimum, medium, maximum-security or solitary confinement.

Living standards – Prisons are designed for living needs and therefore have well-developed facilities that help inmates live a relatively regular life. Jails, on the other hand, offer lower quality food, facilities and due to the constant flow of people can have no regular schedules in place.

Visitation and other rights – Both institutions allow visits from family and friends. Inmates in both institutions have the right;

To be treated humanely.

Not suffer cruel and unusual punishment.

To be free from sexual crimes or harassment.

To access the courts.

To medical care.

To not suffer racial discrimination.

If you or someone you know is facing time in jail or prison, it is best to speak to an attorney to get advice on how to reduce your sentence.

On November last year, Jersey court ordered Curtis Warren to pay £198 million after the drug dealer failed to prove that he has not earned so much amount in his entire criminal life. Though, Curtis referred the case as ridiculous, the court mentioned it will confiscate his entire properties if he failed to pay the whole amount within next 28 days. After investigating the criminal activities and the finances of one of the Europe’s renowned drug smuggler, the court can arrive to this conclusion.

The main charge against the 50 year old former bouncer from Liverpool was cocaine trafficking between 1991 and 1996 that had possibly generated millions. He has a worldwide business of drugs and he supposedly shipped cocaine from South America to Europe several times and managed to avoid punishments. The consignment range from 500kgs to several tons and expectedly generated a profit of £20million a ton. This is probably the largest ever confiscation order made in Europe for drug trafficking. (more…)