Criminal Attorneys » Defendant

Criminal No Contact Orders – What Constitutes a Violation?

admin — Sun, 24 Jan 2010 03:38:20 +0000

A “no contact order” means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party. This article pertains to Rhode Island (RI) no contact orders.

In other words if a person is under this type of restrianing order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say “hi” if they walk by the victim by chance on the street.

Be very careful! A person can be arrested for a violation even if the victim initiates the contact and calls the defendant. A person can be charged with a violation even if invited by his wife to come back to the marital home.

Even if the victim tells you that the no contact order has been dropped, do not take the victims word for it. You must see the piece of paper signed by the judge dismissing the order before any contact or communication is initiated. A no contact order expires when the sentence period is finished. It also expires if the case is dismissed or the defendant is found not guilty. However, be careful because there may also be another restraining order issued as a result of a divorce or Family Court matter or a District Court restraining order.

A person who is on probation, bail or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order. A violation is a crime in itself which is also a violation of the conditions of probation, filing or bail.

A person on probation, during a one year filing or bail can be held at the ACI if they are accused of violating a no-contact order. For example if a person is on probation, filing or bail, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI. We are not talking about the local town jail but the ACI. If a person has a suspended sentence the amount of jail time for could be substantial.

Legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer/ attorney as an expert or specialist in any field of practice.

By: David Slepkow

Defending Yourself Against Criminal Time – Defense Attorneys

admin — Tue, 29 Dec 2009 17:49:14 +0000

Attorneys are one of the more respected careers and the one that is hated the most. It may depend on which side of the court you are. Your attorney can be the link between having a clear reputation or one that is stained forever. A criminal defense attorney, is not excused from, this type of problem or situation.

A criminal defense attorney will stand up for those who have been accused of wrongdoing. The type of crimes differs in nature and the level they are committed. Someone who has been charged with a drug crime may have been involved in selling, buying, or simple possession of the illegal drugs. A defendant who has been charged with a crime of violence that caused injury or death of another person may have done this on purpose. Being violent to women and children, prejudice, or murder for any reason is involved in this type of crime. Other crimes a criminal defense attorney deals with are sexual abuse, sexual assault, lewd acts, and robbery. Each of these has sub categories and varying degrees of offenses under it and each with its own set of laws.

The criminal defense attorney may use all the tricks in showing the evidence, juggling with point after point, and giving oral pieces to change the minds of the jury and the audience sitting in on the trial. It does not matter if you accused because you are guilty or just falsely accused; the attorney is there to do what is necessary to make you look innocent. If the accused is found to be guilty without any hope of change, the defense attorney is there to make sure you get the lesser amount of time for the crime. This is great for anyone who is facing death row because it is possible to bring it down to life in prison.

A criminal defense

attorney does not only give the client a face in court and defend them to a not guilty plea but they can act as a counselor also. The attorney will give the client their rights and the possible amount of money, physical, or emotional effects the case will have. Anyone convicted of a crime will have a criminal lawyer on their side to find a way to get them free from legal obligations to the level of not having anything on their record at all. This is dependent on the case and will be different with each state. The defense attorney can help you petition the court for appeals, retrials, and habeas procedures to a larger court. All of which, if not done correctly, can get you into more trouble, or out of the trouble you are in.

The National Association of Criminal Defense Lawyers (NACDL) is a group that is holding the responsibility of moving ahead with the important things that criminal attorneys need to be successful in America. Its dream is to provide a fair trial to any person blamed of committing a crime.

By: Wade Robins

Criminal Defense Attorney

admin — Tue, 15 Dec 2009 14:48:31 +0000

Where a person is arrested under criminal charges, he needs a representative to legally defend him. Criminal defense attorney is a person who legally represents the accused under criminal charges and defends his right at every stage from arrest to appeal after conviction. He is hired either in private or appointed by government. Employing a criminal defense attorney will make a lot of difference between a jail sentence to discharging the convict without charges. In every case these criminal defense lawyers ensure that the right of the accused is protected through out the proceedings. Hence a qualified, competent and experienced attorney will be the most preferred choice.

Attorney’s Role:

A criminal defense attorney plays a vital role in directing and presenting the case in such a manner that the benefit of doubt will be in favor of the accused their by reducing the severity of punishments. Questioning witnesses in the court is a source of information. He negotiates with the prosecutor for reducing the punishments and their by the sentence.

Framing the case in such a way so as to avoid future legal problems to the defendant; educating the defendant about his status and the outcome of the trial with the defense strategy adopted; helping the accused from low self esteem and fear factor being an outcome of the legal procedures; knowledge and awareness about the legal provisions and defense loop holes; familiarity with the court formalities; knowledge about the hidden cost of pleading guilty; hiring investigators and gathering the facts of the case are the various steps adopted by a defense attorney to defend the accused.

Government appointed Attorney:

On a case to case basis, considering the financial position of the accused the court allows the appointment of an attorney on a request made by him. A declaration about his financial condition should be presented. The attorney or the public defender as he may be called is appointed immediately or delayed for verification. The court bears the expense of appointing an attorney. Where the accused does not qualify for a free help and also not in a position to bear the expense is allowed to pay a portion of the expense.

By: Steven Copper