Category Archives: Criminal Defense

When a police officer says, “You are under arrest,” a journey through the criminal justice system begins. An individual is no longer free to leave at that point because they are in police custody. For the safety of the officers, physical restraints or handcuffs may be used, but they are not always necessary.

An arrest is when a person is formally placed under police restraint until they are released. The circumstances in which a police officer may make an arrest are covered in this article.

The Police Officer Observes a Crime Firsthand

A police officer has the authority to arrest someone they witness committing a crime. For instance, a police officer on foot patrol witnesses a theft involving a stolen purse. The purse thief can be promptly apprehended.

Personal observation arrests frequently take place in connection with traffic offenses. Speeding is observed by a patrol officer using radar or laser speed detection equipment. They can chase after the car and stop the driver. In the majority of states, the officer has the option of either arresting the suspect or issuing a citation. The use of arrests for minor misdemeanor crimes is constrained in some states. Instead of taking the suspect to the police station or sheriff’s office, they mandate that officers issue citations or court summonses.

The criminal charge would be based on the arresting officer’s personal observations, regardless of whether the traffic stop ended in an arrest or citation.

The police officer has reason to believe that a crime has been committed.

Law enforcement can take someone into custody if they have reason to believe that they have committed a crime. “Probable cause” is the term for this reasonable assumption. Police must have an objectively reasonable basis for their belief, based on facts and circumstances, in order to make an arrest; they cannot do so on a whim or a guess.

For instance, a police officer hears a report that a man wearing a yellow shirt just committed a gun-wielding robbery at a liquor store. Then he sees a man running near the store wearing a yellow shirt. The man may be stopped and searched by the officer. The officer has the right to make an arrest if the suspect is armed and has a large amount of cash in his pocket. He is likely responsible for the robbery, according to the evidence.

Probable cause arrest restrictions may be imposed by state law. On the basis of probable cause, police officers typically have less discretion when making an arrest for a misdemeanor crime.

The arrest warrant was obtained by the police officer.

The majority of arrests do not result from recent crimes or intense pursuits. They typically come about as a result of police inquiries. Evidence gathering must take into account the probable cause.

Police may request a search warrant from a judge if they have reason to believe a person committed a crime and they believe there is evidence at the scene.

If there is reason to believe someone committed a crime and the police want to question or charge the suspect, they can apply for an arrest warrant to place the suspect in custody.

Usually, an arrest warrant

• determines the crimes committed and the relevant laws
• identifies the person who is thought to have committed the crimes
• specifies the times and places where the offenses occurred
• identifies any criminal activity victims
• directs any policeman to apprehend and detain that individual

Any police officer or law enforcement organization may arrest the suspect thanks to the arrest warrant. The officers do not necessarily have to be the ones looking into the crime. Through police databases, this information is typically disseminated across the state or even the country. The individual will be made aware of the warrant when an officer checks their identification and criminal history, at which point they can take them into custody.

A warrant check is a standard part of police procedure because there are other types of warrants that the court can issue.

Miranda Alert

People have certain rights when they are in custody thanks to the Fifth and Sixth Amendments of the United States Constitution. A person in custody must be informed of their Miranda Rights before the police can question them. On television, the police are frequently shown reading the Miranda warnings to suspects as soon as they are detained. That is not required, and it is frequently not how events take place in reality.

The Miranda warning does not need to be read right away after an arrest by the police. When transporting a suspect to jail, the Miranda warnings are not necessary. The Miranda warning is only required when a detained suspect is about to be interrogated.

Expungement, also known as “expunction,” is a court-ordered procedure in which the legal record of an arrest or conviction is “erased.” In the eyes of the law, it is the same as expunging a criminal record or setting aside a criminal conviction.

This legal procedure can transform the life of a person with a prior conviction or arrest record by expanding their options. By expunging a criminal record, a person is able to live more freely, without fear that past legal troubles will follow them.

This article includes more details about expungement. This should not be construed as formal legal advice for anyone in need of assistance with their arrest or court record.

The Case’s Assignment

The defendant may seek a criminal defense counsel personally or the court may assign the case to one. Many criminal defense lawyers work for the public defender’s office and are compensated by them. Local, state, and federal courts appoint them to cases. Private firms recruit other criminal defense lawyers. Some criminal defense lawyers have their own law firm that they manage. Due to the referral procedure and the payment coming from individuals other than defendants, public defenders are paid less than private lawyers and have a larger case load. In some situations, a court may appoint a private attorney to represent a client.

Interview with Regards to the Case

When the criminal defense lawyer has the opportunity to meet with the client in person, he or she should strive to learn as much as possible about the case. He or she can learn about possible defenses, as well as the case’s strengths and weaknesses, by asking specific questions regarding the case. This necessitates a detailed and rigorous interrogation of the defendant.

The Case Is Being Investigated

He or she must not only ask the criminal defendant pointed questions regarding the case, but also conduct more investigation into the case to determine any possible routes of acquittal. This frequently entails interrogating police officers about the processes they employed in the case. It could also entail speaking with witnesses who have information about the case and gathering data on the case. All of this material is used to try to put together a good case defensively. If an expert witness is called to testify in the case, the criminal defense attorney may question him or her about the testimony and evidence that will be presented.

Before the case is presented to the jury, a criminal defense counsel has the right to assess the prosecution’s case. This permits him or her to look for flaws in the prosecutor’s case and try to locate evidence that could disprove it, such as hiring an independent lab or expert to evaluate evidence in the case.

Evidence Evaluation

Analyzing the evidence against a criminal defendant necessitates a thorough examination of the facts and hypotheses of the case by a criminal defense attorney. He or she could have evidence evaluated by a third party. He or she may also study the material to see if there are any legal ideas that work against his or her client’s conviction.

Contact with the Client Continued

A criminal defense lawyer must communicate with his or her client on a regular basis to explain any developments in the case and to keep him or her up to date. The lawyer must ensure that the client’s conversations are kept private. The lawyer must also ensure that the client receives information regarding the case so that he or she has a better knowledge of the potential outcomes.

Selection of the Jury

The jury selection procedure is aided by a criminal defense attorney. He or she may seek to have jurors dismissed for cause if he or she believes they are biased against the defendant or simply has a terrible feeling about a possible juror.

Bargaining for a Plea

A criminal defense lawyer is also in charge of discussing the state of the case with the prosecution and negotiating any possible plea bargain. A criminal defense lawyer may be able to help the defendant negotiate a good agreement that results in the charges or punishment being reduced.

Participation in the trial

During the trial, a criminal defense lawyer argues for his or her client. He or she interrogates witnesses, cross-examines state witnesses, and tries to persuade the jury that the prosecution has not met its burden of proof.

Sentencing

A criminal defense lawyer can represent the defendant during the sentencing phase if the criminal defendant is sentenced for the offense, whether he or she accepted a plea deal or was convicted by a judge or jury. He or she may discuss elements that will persuade the judge or jury to shorten the defendant’s sentence and discuss possible alternatives to incarceration.

Although it will vary depending on the state or county, the expungement process typically begins with the filing of an application or petition. Different legal systems employ various terms. So, for instance, California refers to this as clearing your record with a dismissal, while some states, like Michigan, refer to it as setting aside a conviction. Utah refers to this as expungement of records. The process will result in the sealing or removal of your criminal records, regardless of the terminology used.

Your court will probably have standard forms to use when filing an application, as well as lists of the paperwork and information you’ll need to submit with your request. You must be absolutely certain that your request contains all necessary components. Your application should detail the steps you took to locate any missing documents or information and the reasons you were unable to do so.

However, the county prosecutor’s office frequently has everything you’ll need to submit with your request. You may even need to get the prosecutor’s office’s approval before submitting your request to the court in many jurisdictions.

The court will typically issue an order of expungement after granting a petition or application, which other agencies can then be served with. This guarantees that all of the records they may have on you are sealed or deleted. Frequently, these organizations are:

• the organization that made the arrest (such as the sheriff’s office or local police department);
• the jail or booking office, for example:
• the corrections department of your state (covering your records while serving any prison sentences)

Eligibility for Expungement: Additional Factors

You may be required to register and report if your underlying convictions were for sex-related offenses. Don’t assume that just because your criminal record has been expunged, any registration or reporting requirements will also be waived.

In California, for instance, you must file a separate motion to be released from your registration and reporting obligations in addition to an order expunging your criminal history. You would still have to abide by your state’s registration and reporting laws if that separate request were to be denied.

Expungement, also known as “expunction,” is a court-ordered procedure in which the legal record of an arrest or conviction is “erased.” In the eyes of the law, it is the same as expunging a criminal record or setting aside a criminal conviction.

This legal procedure can transform the life of a person with a prior conviction or arrest record by expanding their options. By expunging a criminal record, a person is able to live more freely, without fear that past legal troubles will follow them.

This article includes more details about expungement. This should not be construed as formal legal advice for anyone in need of assistance with their arrest or court record.

The Case’s Assignment

The defendant may seek a criminal defense counsel personally or the court may assign the case to one. Many criminal defense lawyers work for the public defender’s office and are compensated by them. Local, state, and federal courts appoint them to cases. Private firms recruit other criminal defense lawyers. Some criminal defense lawyers have their own law firm that they manage. Due to the referral procedure and the payment coming from individuals other than defendants, public defenders are paid less than private lawyers and have a larger case load. In some situations, a court may appoint a private attorney to represent a client.

Interview with Regards to the Case

When the criminal defense lawyer has the opportunity to meet with the client in person, he or she should strive to learn as much as possible about the case. He or she can learn about possible defenses, as well as the case’s strengths and weaknesses, by asking specific questions regarding the case. This necessitates a detailed and rigorous interrogation of the defendant.

The Case Is Being Investigated

He or she must not only ask the criminal defendant pointed questions regarding the case, but also conduct more investigation into the case to determine any possible routes of acquittal. This frequently entails interrogating police officers about the processes they employed in the case. It could also entail speaking with witnesses who have information about the case and gathering data on the case. All of this material is used to try to put together a good case defensively. If an expert witness is called to testify in the case, the criminal defense attorney may question him or her about the testimony and evidence that will be presented.

Before the case is presented to the jury, a criminal defense counsel has the right to assess the prosecution’s case. This permits him or her to look for flaws in the prosecutor’s case and try to locate evidence that could disprove it, such as hiring an independent lab or expert to evaluate evidence in the case.

Evidence Evaluation

Analyzing the evidence against a criminal defendant necessitates a thorough examination of the facts and hypotheses of the case by a criminal defense attorney. He or she could have evidence evaluated by a third party. He or she may also study the material to see if there are any legal ideas that work against his or her client’s conviction.

Contact with the Client Continued

A criminal defense lawyer must communicate with his or her client on a regular basis to explain any developments in the case and to keep him or her up to date. The lawyer must ensure that the client’s conversations are kept private. The lawyer must also ensure that the client receives information regarding the case so that he or she has a better knowledge of the potential outcomes.

Selection of the Jury

The jury selection procedure is aided by a criminal defense attorney. He or she may seek to have jurors dismissed for cause if he or she believes they are biased against the defendant or simply has a terrible feeling about a possible juror.

Bargaining for a Plea

A criminal defense lawyer is also in charge of discussing the state of the case with the prosecution and negotiating any possible plea bargain. A criminal defense lawyer may be able to help the defendant negotiate a good agreement that results in the charges or punishment being reduced.

Participation in the trial

During the trial, a criminal defense lawyer argues for his or her client. He or she interrogates witnesses, cross-examines state witnesses, and tries to persuade the jury that the prosecution has not met its burden of proof.

Sentencing

A criminal defense lawyer can represent the defendant during the sentencing phase if the criminal defendant is sentenced for the offense, whether he or she accepted a plea deal or was convicted by a judge or jury. He or she may discuss elements that will persuade the judge or jury to shorten the defendant’s sentence and discuss possible alternatives to incarceration.

The use, possession, and/or cultivation of marijuana for medical purposes is referred to as “medical marijuana.” Medical marijuana is frequently requested as a form of treatment and/or pain relief by people who are terminally ill or suffer from painful or long-term symptoms associated with certain diseases, such as epilepsy, AIDS, glaucoma, and cancer. Medical marijuana is, in general, no different than regular marijuana (or cannabis).

State vs. Federal Law on Medical Marijuana

• Within their borders, a growing number of states have legalized medical cannabis. Marijuana, on the other hand, is classified as a “Schedule I drug” under the federal Controlled Substances Act, which means it:
• There’s a chance it’ll be abused.
• In the United States, there is currently no accepted medical use for it in treatment, and
• Hasn’t been proven to be safe when used under medical supervision.
• As a result, there is a growing debate about the legality of personal medical marijuana use.

On one hand, some politicians and law enforcement officials want to combat illegal marijuana use and control some of the consequences, such as the “wide open sale of marijuana under the guise of medical use.” On the other hand, some health advocates and other drug legalization groups want to legalize marijuana for medical purposes, believing that the drug is an effective treatment for a variety of ailments.

When the Obama Administration took office in 2009, the US government shifted its focus to larger drug-trafficking issues, with the Department of Justice stating that it would not prioritize the enforcement of federal marijuana laws against authorized medical marijuana users or their caregivers. The Department of Justice, on the other hand, resumed its prosecution of medical marijuana providers in 2011, putting pressure on publishers who run ads for dispensaries.

Marijuana Laws for Medical Use

Medical marijuana laws are constantly changing and differ depending on where you live. Marijuana use, cultivation, sale, and possession are all illegal under federal and state law. The federal Supreme Court, for example, has ruled that using, selling, or possessing marijuana, even for medical purposes, is illegal (in the 2005 case of Gonzales v. Raich).

A growing number of states have legalized marijuana for medical (and even recreational) use, removing any criminal penalties imposed on doctors who prescribe it or patients who use it within state law’s limits. When California passed Proposition 215, also known as the Compassionate Use Act, in 1996, it became the first state to legalize medical marijuana. On a doctor’s recommendation, the law allows for the possession and cultivation of marijuana for medical purposes.

State medical marijuana laws usually define the conditions under which the herb can be prescribed, grown, possessed, and used. States may, for example, require written documentation from a person’s doctor stating that the person has a debilitating condition that would benefit from medical marijuana use. States may also require people to present this documentation, also known as a “marijuana ID card,” before being arrested.

Other provisions could include restrictions on the types of illnesses that can be treated with marijuana, such as HIV and AIDS, as well as the amount of marijuana that can be possessed, used, or grown. Finally, some states have additional provisions, such as restrictions on medical marijuana use at work for employees and ID card requirements and fees.

Penalties for Medical Marijuana

Depending on the nature of the offense and the state where the occurrence occurred, penalties for medical marijuana violations may include prison time, fines, or both. The charges are treated as general misdemeanor or felony drug charges in states that have not legalized marijuana for medical purposes.

Although penalties such as prison or fines may still apply in states that have decriminalized medical marijuana, offenses are frequently treated as minor civil infractions.

Punishable circumstances may include, for example:

• Possession of more than a specified amount (in grams);
• The sale of the drug to or from others, particularly a “minor”;
• The cultivation of the drug in jurisdictions where it is prohibited; and
• Marijuana paraphernalia possession

Know Your Legal Rights: Know Your Defenses

Patients arrested on drug charges may use their medical status as a defense, either before or during the trial, to help reduce the severity of the penalties. A patient may also show a doctor’s recommendation for marijuana to reduce penalties and avoid jail time or fines entirely. Finally, due to the clinical nature of his or her health condition, a patient may wish to assert the defense of medical necessity.

It’s crucial to speak with a lawyer who specializes in medical marijuana cases to learn about your rights and responsibilities when it comes to medical marijuana use and/or charges.

From an Attorney, Learn More About Medical Marijuana Laws

Understanding the financial and personal consequences of state and federal marijuana convictions and other criminal sentences is crucial. As a result, if you’ve been charged with a drug crime, your best move is to speak with a criminal defense attorney.

The Controlled Substances Act (CSA) encapsulates the federal government’s comprehensive efforts to regulate the manufacture, possession, dispensing, distribution, and use of specific drugs and other dangerous substances (together, controlled substances). Significant civil and criminal penalties may be imposed on anyone who violates the CSA in an unlawful manner.

The CSA has classified a large number of different products into five schedules. These controlled substances are classified according to their characteristics, which include their medicinal value, potential for abuse, public safety, and likelihood of dependence. By classifying these drugs and substances, it becomes easier to regulate or de-regulate them as necessary.

Who Has the Authority to Reclassify or Declassify a Drug or Substance?

Occasionally, the Attorney General may initiate a proceeding to regulate or transfer a drug from one schedule to another based on a scientific and medical evaluation by the Secretary of Health and Human Services and the aforementioned characteristics.

Additionally, the Attorney General may initiate such a proceeding on the petition of a “interested party,” such as the DEA, the United States Department of Health and Human Services, a drug manufacturer, a public interest group, an individual citizen, or a state or local agency.

What Substances or Drugs Are Included in the CSA Schedules?

The list of different types of drugs and substances covered by the CSA’s five schedules is fairly exhaustive, but they generally fall into a few easily identifiable larger groups. Among the products in this category are the following:

• Heroin, methadone, morphine, opium, and fentanyl are all examples of narcotics.
• Cocaine, amphetamines, and methamphetamines are stimulants.
• GHB, rohypnol, and benzodiazepines are all examples of depressants.
• LSD, peyote, and ecstasy are all hallucinogens.
• Other substances include marijuana, steroid anabolic steroids, and inhalants (basically, household products such as spray paint, felt markers, or anything else that emits chemical vapors and can be inhaled for psychoactive effects).

The schedules are ranked from most dangerous to least dangerous (i.e., lowest medicinal value and greatest potential for abuse) (most medical value and least potential for abuse). More precisely:

Drugs and substances classified as Schedule I have no currently accepted medical use and a high potential for abuse and dependence. They include well-known substances such as heroin, ecstasy, and marijuana.

• Schedule II drugs and substances have a lower abuse potential than Schedule I drugs and substances and some accepted medical uses. They do, however, carry a high risk of psychological or physical dependence. Vicodin, cocaine, and oxycontin are just a few examples.
• On the other hand, while schedule III drugs and substances are still considered dangerous in comparison to schedules IV and V, they have a lower potential for abuse and also have some medically accepted uses.
• They pose a risk of physical or psychological dependence on a moderate to low level. Codeine, anabolic steroids, and testosterone are all Schedule III substances.
• When compared to schedules 1-3 controlled substances, schedule IV drugs and substances are considered to have a low potential for abuse.
• When compared to other drugs and substances, they have a recognized medical use and a low risk of developing dependence. Valium, Ambien, and Xanax are classified as Schedule IV medications.
• When compared to other scheduled drugs and substances, Schedule V drugs and substances have the lowest potential for abuse. They have a recognized medical use and, in comparison to other Scheduled Controlled Substances, a low risk of physical or psychological dependence.
• They contain trace amounts of narcotics. Cough medications are classified as Schedule V.

How is the CSA used to regulate drugs?

The CSA requires manufacturers, distributors, and dispensers of certain controlled substances to register them. The regulations determine whether registration of these products is in the public interest and establish the most stringent safeguards appropriate for the product’s schedule.

Essentially, manufacturers, distributors, and dispensers, as applicable, are required to implement effective safeguards (i.e. labeling, packaging, and record keeping) to prevent the controlled substance from being unlawfully diverted.

Additionally, the CSA makes it illegal to possess a controlled substance with the intent to distribute it or to be in possession of a controlled substance without authorization. It imposes penalties on the seller and the drug user based on the scheduled (i.e. type and quantity) drug or substance.

Additionally, your motivation for possessing the controlled substance will be considered. For instance, whether you intended to sell the drugs or to use them personally can make a difference. In general, personal possession of a controlled substance carries a lighter sentence than possession with the intent to sell. Anyone found in violation of the CSA may face jail time and fines.

Do I Need a Lawyer if I’m Charged with a Controlled Substances Offense?

If you are facing charges under the Controlled Substances Act, you should consult a local drug attorney. A lawyer will explain your rights and assist you in mounting a vigorous defense against the charges.