923 FAQs where found , 30 in this page
Yes, victims of crime have much right to be reimbursed. The FBI recognizes that people who were victims of federal crimes are fully entitled to receive adequate protection and include: Get adequate cooperation from the person who committed the crime. Inform them of the defendants sentence or otherwise the release. Victims sometimes are allowed to attend the trials of the offending. The compensation of all damages caused in accordance with law and in a specific period of time. Victims deserve to be treated with courtesy and decency. Learn More
Criminal Assault refers to the intentional creation of a reasonable fear of imminent physical harm. This definition seems complicated; but it just means that the accused had the intention of making the victim feel that his/her life is in danger or will be physically hurt. For instance, a defendant pointing a knife at the victim in a way that made the person believe that they can hurt at any time. However, it must be an urgent danger, something that is happening in this instant not later in the future. Learn More
Although a defendant is entitled to an attorney appointed by the state, it is always recommended that you hire your own lawyer; as having a lawyer appointed by the state could create conflicts of interest at the time of defending the case. If you are facing criminal charges, you may want to hire a criminal defense attorney in your area to help with your case. Your attorney will be able to provide personalized legal advice for your particular case. Learn More
Assault is a common crime seen throughout the United States every day. An assault can be classified as aggravated or simple assault, depending on which state the crime is committed. The way assault is defined will depend on the specific state laws where the crime occurs. An individual can be charged with aggravated assault even in cases where no one is physically hurt. Learn More
Traditionally, if there was physical contact between the victim and the aggressor, the crime is classified as an aggression. However, if the victim has not been touched only threatened by the defendant, it is classified as an assault. Many states have completely abolished the technical distinctions between what constitutes an aggression or assault and now any type of action is classified as an assault. Learn More
Commonly used defenses include: defense or another individual, lack of intention such as claiming it was an accident, and self defense. Other defenses, which are not as viable, include saying it was joke, due to alcohol intoxication, and so on. However, every case is unique and all options should be discussed with an experienced criminal defense attorney in your area. Learn More
Self-defense is typically used to solve cases of violent crimes, including assault. When self-defense is used, the defendant is thereby admitting that he/she did perform a certain physical act related to the charges; but at the same time claiming that the aggression is justified by the alleged threatening or aggressive behavior of the other person involved. In most cases, the central question is: Who is the aggressor Was the defendant unreasonable in thinking that it was necessary to use force in order to avoid a danger? Learn More
An assault conviction can stay on your criminal record for life. You may be sentenced to time in jail, given fines, or both. You may also get probation for some time and come form of training or class in anger management may be required from you. You can even lose your right to own a firearm, and much more. Learn More
Felonies are generally punishable with more than one year in prison. Misdemeanors are generally punished with less than one year in prison, a fine or other penalty. Some crimes can be characterized either one, depending on how it was committed. Also, keep in mind that the key difference between both charges is not the sentence imposed, but the maximum sentence allowed. Learn More
No. Most sexual assaults are committed without using any kind of weapon. Very few are committed using a firearm since most sexual assaults are committed by someone we know, not a stranger. Learn More
If you are caught driving with a suspended license in Miami you will be subject to a maximum of 60 days in prison and a $500 fine; depending on how serious the violation was. The first two times this happens it is classified as a misdemeanor; however, the third time and after it is classified as a felony and the punishment is harsher (up to 5 years in prison and up to $5000 in fines) Learn More
Once an individual has had 3 or more convictions within 5 years, he/she is considered a habitual offender and will lose their license for 5 years. Learn More
The state of Florida offers a conditional license, also known as hardship license. This type of license will allow you to drive to work and run necessary errands during the allowed time of the day. There are several steps to get this kind of license. You will need to petition the court in Florida for this license and complete any requirements set by the court, including driving courses, DUI classes, and so on. Learn More
Most likely if you receive a letter from Tallahassee it will contain information explaining how to resolve your suspension or letting you know that your license will be suspended on a given date. In some cases, if you had an accident you might get a letter saying that you must take a traffic collision course. You should follow any directions provided in the letter in addition to contacting a good traffic lawyer to ensure you regain your driving privileges as soon as possible. Learn More
If you had a license suspension due to non-compliance with a traffic citation in Miami, once you have complied with the citation you may visit any Florida Department of Highway Safety and Motor Vehicle Miami Dade County's Clerk Office locations to get it reinstated. If you have any questions regarding your case you can contact our attorneys at Gallardo Law Firm and they will assist you. Learn More
To request a hardship license you can go personally to the Florida Department of Highway Safety & Motor Vehicles to obtain more information and you should also contact an attorney to assist you in requesting it. Here at Gallardo we have experience obtaining this type of license for our clients. Learn More
A number of conditions have to be met in order for them to do so. A valid reason or your permission is needed; however, cars dont have as many protections against search as, for example, a home. A good example of this is when the police stop you for a routine traffic offense and the officer asks your permission to search in your car. You dont have to consent and clearly but respectfully tell them so. When you give them permission, the results of the search can be used in court. Nevertheless, if you are asked to step out of the car, you and the passengers need to do so. Learn More
Using cell phones while driving is forbidden by federal law and this is valid for all commercial drivers. However, in Florida the texting law is considered a secondary law, which means you can only be issued a ticket if there is some other violation with it such as running a red light while texting, etc. This violation is punished as a non-moving violation yet the driver will be penalized six points if a crash occurs. Learn More
No, Many jurisdictions use other ways, even a preliminary hearing instead of a Grand Jury hearing. Learn More
The following persons may be present: attorneys for the government, the witness being questioned, interpreters if needed, and a court reporter or an operator of a recording device. Learn More
Only the jurors, and any interpreter assisting a hearing-impaired or speech-impaired juror. Learn More
No. Only authorized individuals can be present since the grand jury proceedings are secret. Learn More
In the federal system, a lawyer cannot be present in the grand jury room for any reason, although it is possible to interrupt his declaration and abandon the grand jury room to consult with the lawyer. Few states allow an attorney to be with the witness; some allow counsel to advise his client, others simply allow the lawyer observing the proceedings. Learn More
Be 18 years Be a U.S. citizen Have lived in a judicial district for one year Must be able to speak, read and write English well enough to complete a questionnaire Do not present any physical or mental illness that impairs participation in the jury It may not have been convicted of serious crimes or have pending felony charges Learn More
The grand jury is consecrated in the Federal U.S. within the Fifth Amendment of the Constitution. It is part of our Bill of Rights which states that no individual will be held to answer for a capital crime except that indicted by a grand jury, no one will be subject for the same offense twice, and no one may be forced to incriminate itself in any criminal case or forbid of freedom or property without the correct process of law. In addition, any person will take private property for public use without just compensation. Learn More
A claim up to five thousand dollars excluding charges, interest and attorney fees may be filed with the Clerks Office of Miami -Dade. The claims are going to be presented as a small claim under section 7.010 of the Rules of Court of the Florida Statutes. Once you or your attorneys decide to file suit, it cannot proceed until the defendant has been served. Make sure that in the claim is writing the full name of the person you want to sue and the address where that person is living. You have to do this to not run the risk to lose the document and the defendant would not be notified. Learn More
This law brings as benefit if after hearing the arguments and analysis of your case the rules of the court decides to grant relief to the person who was convicted , the sentence will automatically be officially removed from your record. If the person is in jail he will be released in this moment. If you paid any fine money, it will be refunded. Once the conviction will be removed from his record, the ex-convicted could be continuing with his normal life. The person can be able to get a job, get some professional license or acquire custody of children. Learn More
Oral arguments are open to the public, so you can attend. If you want to participate in the argument and filled a written request you will be notified with time, about the date and the place of the discussion to keep you informed of the case. Statements by persons who are not lawyers and judges in the case are not allowed in the oral argument. Learn More
Usually, no. If the court makes the sentences and don't finds the defendant guilty when the trial was finished, the defendant has as resource the Constitution to prevent the state looking for an appeal. The State may appeal in other specific situations, as when a court gives the opportunity to the defendant can suppress evidence with a motion, or when a court finds that the defendant isn't qualified to stand trial, or when the court issues an acquittal's judgment before the end of trial or after the jury finds the defendant guilty. Learn More
Any Post-conviction and civil case are reviewed by an attorney. However, in many cases, the attorney has legal assistants who help him with some cases. Legal assistant performs some preliminary research and searches of the files. Attorneys supervise the legal assistant work all time. The final decisions are taking by the attorney. Learn More