How Bail Is Obtained

Police Bail. When a person is arrested by a law enforcer but it is not yet possible to press charges on him, he is released with a citation to appear before the courthouse on a specified date. When formal charges are served, the accused will then be required to apply for a conditional release from jail.

Court Bail. The application for a courthouse bail involves approval from two people: the judge or the registrar. If a person's application is not opposed by law enforcers, the latter provides approval. Otherwise, the judge is sought for when the police objects to a person's application.

Bail Approval Considerations:

The following are reviewed before a person is awarded an approval to be released from being detained:

Interference. This is the probability of a person's coming in contact with viable witnesses or evidence to the crime. The concepts of intimidation and eliminate pieces of evidence are classified under this.

Flight and crime risks. The former means the chances of a person's fleeing and not showing up in court while the latter deals with the likelihood of a person committing a crime while on conditional release.

The crime. The seriousness of the crime committed plays a major role in bail approval. In reverse, a person's ability to be able to prepare defensive evidence is looked into. In addition, the nature of the punishment after the verdict is also projected as well as the strength of the case built around a person.

Character. A person's previous criminal records can affect the outcome of bail application.

If a person is considering bail bonds, the following options are representative of the actions he can take:

Finding a bondsman. Bondsmans are legal services providers who take steps at helping a client pay a cash bond. They work with credit providers like insurance companies, banks, and creditors. Finding them is easy as they are established as a business catering to bail provision. They may also be lawyers who can represent people in the courthouse.

Seeking collateral. If cash is short and a bondsman is not preferred, a person may consider using his properties as a surety in a type called property bond.

On both of the aforementioned, a medium of security is involved. The only difference is, securing a bondsman to help an accused person involves fees which affect the amount of money the latter will need to pay. On the other hand, using one's property entails the risk of loss when the conditions of the temporary release are violated. It is essential for people who are under some type of bond to adhere to the prescriptions of the courthouse in this case.

How to Find the Right Criminal Lawyer

Nobody wants to be in a position where you would need to get a criminal lawyer to defend you or a loved one in court, but what do you do in case it happens? Do you just go for the first lawyer that you come across? That is not likely to be a wise move on your part.

Lawyers are just like doctors. They also have their own fields of specialization. That's the part of law that they have focused and spent much of their time on.

What you need to find are lawyers who have focused on criminal law more than anything else. So how do you go about finding the right one? Here are some ideas:

1. Specialization is the name of the game. It means that for criminal lawyers, there are also some specializations within them that lawyers can delve into. What you need therefore is to find someone who has considerable experience and knowledge in the particular field of criminal law that you are concerned.

2. You should think twice before settling for a public defender, because on the average they have more cases than what is recommended by law experts as advisable to be handled. If you have the money to spend you should try to get your own lawyer. It could be your freedom that would be at stake.

3. Decide on the kind of qualities that you would like to find in your lawyer. Do you want someone with an extensive experience, but is quite too busy to become too involved in your case? Would you rather prefer someone who is less experienced, but is very hardworking?

4. Go for personal referrals from people that you know. They might know of a good criminal lawyer who can help you out. Personal referrals are still the best way to go in finding some service that you need.

5. Find out if they belong to any group of criminal lawyers. Affiliation to regional and national groups of criminal lawyers is a good indication that someone is really into criminal law.

6. If you want to determine how a lawyer stands in the estimation of his colleagues, then you should try to find out if they have ever held any office in any of the lawyer groups to which they belong. Holding an office is a good indication that they are competent in their field.

7. Don't fall for ads and the claims that they have there. They would put anything there to get you in. The best thing is for you to meet or talk with a lawyer personally so you can decide if he really has what it takes.

8. Find out if the lawyer has taught at a reputable law school. Teaching law is one of the marks that a lawyer is really something.

9. Find out about their rates. A lawyer might be good and all, but you might not be able to afford them.

These are just some of the more important things that you need to look for in a criminal lawyer.

How the Legal System Stiffs Taxpayers

On behalf of taxpayers who fund the legal system, crime/court reporters and legal analysts should keep in mind:

• Justice Russell Fox, who researched the law for 11 years after he retired, said justice means fairness; fairness and morality require a search for the truth, otherwise the wrong side may win; truth means reality, what actually happened.

• The adversary system in common law countries - Britain and its onetime colonies - does not search for the truth. In a majority of criminal trials, the wrong side wins.

Nonetheless, most common lawyers insist that their system is the best. But how could they know? Universities are supposed to be truth-seeking institutions, but law schools generally teach only what the law IS, not what ails it, or the cure (let alone its origins, or how the truth-seeking [inquisitorial] system works).

If veterinary and medical schools operated like that, a lot of cats, dogs and people would be seriously unwell, or worse.

Yale law professor Fred Rodell said the adversary system is "nothing but a high-class racket". His assertion can be tested by comparing an inquisitorial system with ours. In France, for example:

• Trained judges are in charge of evidence. On a fixed wage, they have no incentive to spin the process out. Most hearings take a day or so.

• Evidence is not concealed, and judges do not let lawyers question witnesses directly lest they pollute the truth with sophistry: trick questions, false arguments etc.

• The innocent are rarely charged, let alone convicted.

• Judges and jurors sitting together convict 95% of guilty defendants.

In the adversary system:

• Lawyers trained in sophistry control evidence, and have an incentive - $5 plus a minute - to prolong the process; the record spin-out is 117 years. Lawyers for white collar criminals, e.g. tax evaders, can run regulators round the courts for years. Trials can take months.

• Untrained judges do the decent thing: they try to stay awake. Lord Thankerton's solution infuriated lawyers; he knitted on the Bench.

• Judge-made rules conceal evidence, and lawyers for both sides are allowed to use sophistry to make honest witnesses look unreliable.

• Criminal law is unfair to victims; more than half (84% in India) guilty defendants get off, but at least 1% of people in prison (4%+ in the US) are innocent.

• Civil law is unfair to people in business and industry, doctors, and (outside the US) journalists. Litigation is a lottery; appeal courts a casino.

It looks as if Professor Rodell was right about the racket, and taxpayers are suspicious, perhaps without knowing exactly why:

• An Australian poll in 2011 found that judges are less trusted than bus drivers, police, hairdressers, and chefs.

• A 2012 US poll on attitudes to the civil system found that 92% want change, and 41% want fundamental change.

Justice Russell Fox also said the public knows that "justice marches with the truth". That means:

• Common lawyers, including lawyer-politicians, judges, academics, and legal bureaucrats, are the only people on the planet who believe, or purport to believe, that you can dispense justice without knowing all the facts.

• The humblest citizen instinctively has a better sense of justice than any judge, including those on the US Supreme Court.

• Informed voters will support the obvious remedy: change to a truth-seeking system.

Unfortunately, lawyers became the "dominant influence" in the British Parliament in the middle of the 14th century, and effectively remain an oligarchy in most English speaking legislatures: they are about 0.2% of the population, but 60% of the US Senate.

Lawyer-politicians have thus had the power to block fundamental change for more than six centuries. The remedy for that problem - voting the oligarchs out, however sweet they may otherwise be - is also obvious, but it will take a few more years.

Penalties For DUI in Mississippi

Mississippi's driving under the influence law is laid out in Title 63, Chapter 11, Part 30 of the Mississippi Code. It states that: It is unlawful for any person to drive or otherwise operate a vehicle within this state who (a) is under the influence of intoxicating liquor; (b) is under the influence of any other substance which has impaired such person's ability to operate a motor vehicle; (c) has an alcohol concentration of eight one-hundredths percent (.08%) or more for persons who are above the legal age to purchase alcoholic beverages under state law.

What "under the influence" and "intoxicated" exactly means can be relative and subjective. Notice that the statute criminalizes being under the influence of an intoxicating liquor, or having an alcohol concentration of eight one-hundredths percent or more (.08%). It can be either one. There is no scientific, numbers-based measure of "under the influence." It can essentially just be someone's opinion.

Under subsection (2) of Mississippi Code 63-11-30, the penalties for a first offense DUI include a fine between $250 and $1000, and/or 48 hours in jail. The court may substitute attendance at a victim impact panel for the jail sentence. There is a minimum 90-day driver's license suspension, which could go up to one year. A Mississippi DUI attorney can review the case to see what possible defenses can be used, and what the likely outcome will be if you are convicted.

Mississippi does not have a restricted driver's license program like some states. If your license is suspended, it is suspended, period. However, some offenders may be able to reduce the suspension period to 30 days. This option will not be available to individuals who refused to submit to a blood or breath alcohol test. In order to get a reduction, you must show that a license suspension would result in a hardship toward work, school, or medical care. A Mississippi DUI lawyer can work for the lowest suspension possible if you're convicted of driving under the influence.

If a second offense DUI occurs within five years of the first, the defendant will be sentenced from five days up to 1 year in jail, and ordered to pay a fine between $600 and $1,500. Their license will be suspended for two years, and he or she may be ordered to install an ignition interlock device on the vehicle.

Mississippi DUI convictions cannot be expunged or sealed, even for first-time offenders. Some first-offense misdemeanor convictions can be removed from a person's record, but not driving under the influence. A Mississippi DUI is considered a traffic violation, and state law excludes these types of offenses from expungement.

Documents Needed to Complete an Alcohol and Drug Assessment in a DUI Case

If you have been arrested for a DUI offense then your attorney may ask you to complete an alcohol and drug assessment. This assessment is probably the most important thing a defendant can do to help their attorney negotiate the case with the Prosecution.

In order to complete the assessment the treatment agency needs several documents. Typically these documents are in the custody of the attorney and will be provided to the treatment agency. However if the attorney does not have the necessary documents then the client will have to get the necessary paperwork to complete the assessment. Below is a list of the documents needed and why?

Copy of police report: This is pretty self explanatory. If you're doing an alcohol and drug assessment due to a DUI arrest, then the treatment agency needs to see why you were arrested. They will review the police report in its entirety. Make notes on physical observations made by the arresting officer. Determine whether there are any signs of substance abuse or dependence based on an account of the incident.

Copy of driving abstract: In very rare cases an individual may be arrested for a DUI, but never charged. Typically with a DUI arrest the Department of Licensing will take some kind of administrative action against the drivers license. Treatment agencies understand this, and they want to see your driving record because of it.

Copy of criminal history: Again this may seem pretty self explanatory. But in order to fully determine whether a person has a substance abuse or dependence issue the treatment agency wants to look at the background of the client. That is they want to see if you have had any alcohol or drug related offenses in your history. If this is your first run in with the law then you have nothing to fear. But even if this is your first DUI, but you have a lengthy criminal history of drug and other alcohol related offenses the treatment agency may see a pattern of behavior.

The results of the breath or blood test: Lastly a treatment agency will want to review the breath or blood test results. They want to see what happened, whether the observations made by the officer and your self report of alcohol consumed is consistent with the breath or blood test results.

As stated above many of these documents are in the custody of the attorney. But in order for a Judge to find the assessment has been completed properly the treatment agency must review them. If the attorney does not have all of these documents then the client will have to figure out a way to obtain them in order to complete the assessment.

Criminal Penalties for Mail Fraud

Mail fraud involves a material deception with an intention to defraud and hence deprive another person or business of either honest services or property. Mail Fraud is a federal crime and vigorously investigated and pursued by the FBI. Mail fraud is also the most frequent charge in white collar criminal cases filed by the United States Attorney.

To be criminally penalized for mail fraud, the crime must consist of these elements:

Devising a scheme to defraud or perform fraudulent acts Intent to defraud, deprive another of property or honest services Involved a material deception Mailing a letter or material substance by use of the United States Postal Service (USPS), private or commercial mail carrier to execute or attempt to execute the scheme

Intent to Defraud

There is a difference between an intent to deceive and an intent to defraud recognized by the courts. Many times marketing campaigns or sales solicitation may engage in some trickery but the product or service offered is legitimate. When the marketing material is intended to acquire new customers and get clients to buy a legitimate product or service, and with no intent to cause damage then there is no intent to defraud.

Mail fraud is congruous to wire fraud as the laws mirror each other. Wire and mail fraud laws basically outlaw dishonesty, more specifically the intentional use of dishonesty to deprive another of either honest services or property. The only difference is the means of communication used, mail or wire, in advancing the scheme to defraud another. Mailing, as well as wiring, does not have to be the essential element of the fraudulent act; it can merely be incidental to an essential element of the scheme. Even if you have not personally mailed the communication, if you caused the mailing in some way you may be charged with mail fraud.

Mail fraud usually occurs with violations of other federal crimes and thus a defendant may be charged with additional crimes and face other penalties. Money laundering and racketeering is characteristic of mail fraud.

When being investigated or charged for mail fraud it is best to consult with an experienced criminal defense lawyer, as mail fraud can lead to significantly higher penalties, especially if more criminal charges are added. It is much easier for criminal defense lawyers to prevent charges from being filed than it is to get charges dismissed and thus the sooner you get an attorney the better. In federal courts, rarely do charges get dismissed, only 7% according to the U.S. Department of Justice (2000) Report, "Defense Counsel in Criminal Cases." The report also states that of the defendants found guilty, the defendants who had either public defenders or free court-appointed attorneys had significantly higher incarceration rates than the defendants with private criminal lawyers in both state and federal courts. In other words, defendants with public defenders or free court-appointed attorneys were sentenced to prison more.

Criminal Penalties for Mail Fraud are:

Imprisonment of 20 years or 30 years, if the crime was committed against a financial institution or in the context of an emergency or major disaster. If the convicted person has a prior criminal record or aggravating circumstances the penalties are more severe, including longer imprisonment sentences. Fine of $250,000 or $500,000 if the crime was committed by an organization. Fine of $1,000,000 if the crime was committed in relation to a natural disaster or against a financial institution. Restitution paid back to victims, which includes anyone directly harmed through the course of the fraudulent act. Forfeiture of property. Special assessment fee of $100. Probation or supervised release after imprisonment.

Federal Sentencing Guidelines and Penalties for Mail Fraud

The federal sentencing guidelines are used by the federal courts to determine the criminal penalty of a federal crime. It is a sentencing guide based on different offense levels in an attempt to standardize the length of imprisonment. Each federal crime is assigned with a base offense level grade, and thus a base penalty, which may include imprisonment, probation and fines. When a person is convicted of a federal offense, such as mail fraud, offense levels are subtracted or added according to the prior criminal record and any mitigating or aggravating circumstances.

If the mail fraud involved the corruption of a public official the penalty is more severe. There are also enhancements, which are harsher penalties, based on greater amounts of losses due to the fraud.

Restitution

When convicted of mail fraud restitution is usually required. Restitution paid back to all victims involved also includes victims that are directly, or of close proximity, harmed as a result of the mail fraud.

Forfeiture of Property

All property gained from the fraudulent act is subject to forfeiture, that is confiscation by the United States. The confiscated property may be pursued by either criminal forfeiture or civil forfeiture procedures. The main difference between the types of forfeiture is the defendant in the case. The property itself is the victim in civil forfeiture proceedings. The property owner is the defendant in criminal forfeiture proceedings as a component of the prosecution, if convicted.

Supervised Release after Imprisonment

The Federal Sentencing Guidelines recommends supervised release for all felony cases. Supervised release is like parole and is imposed after the time in prison has been served. For mail fraud the term for supervised release is three to five years. During supervised release three conditions must be complied with: no new crimes committed; DNA sample taken; and periodic drug testing to be performed. The third condition is not required, but it may be enforced even if the defendant has no known history of drug abuse.

Probation

If a defendant served less than 25 years in prison, the sentencing court may impose a probation term of 1 to 5 years.

Additional Federal Criminal Penalties

Wire or mail fraud is often co-occurring with other federal criminal offenses. Most commonly it predicates money laundering and racketeering which carries additional penalties. If the mail fraud is associated with a criminal enterprise, the defendant may also be subject to Racketeering and Influenced and Corrupt Organization (RICO) violations. If the defendant participated in the operation or management of the enterprise itself or acted under the direction of upper management then the defendant is generally regarded as being associated with a criminal enterprise. To be convicted of RICO there must be a pattern of "continuity plus relationship." RICO violations carry a prison term of 20 years and a $250,000 fine, and a $500,000 fine for an organization. If convicted of a RICO violation, victims may also sue for treble damages in a civil law suit when injured in their business or property.

A money laundering violation may also be charged if a financial transaction involved the proceeds of an unlawful activity, such as money gained from the mail fraud and laundered. Money laundering is punishable by imprisonment of 20 years and $500,000 fine. Property associated with the transaction is also subject to criminal and civil forfeiture.

Criminal Penalties for Mail Fraud against the United States

If the defendant knowingly committed mail fraud against an agency of the United States, the term for imprisonment is 5 years and a $250,000 fine, and restitution must be paid. The fine is $500,000 if the defendant is an organization.