Friday, July 4, 2008

Criminal Defense Information Center

Since 1992, the likelihood of an arrest leading to a conviction has generally risen. Although some defendants think that they can "beat the system" on their own, having an experienced criminal defense attorney on your side is the best way to prevent becoming another statistic.

Springfield Criminal Trial Lawyer - DUI, Probation, Drugs

If you face charges of DUI or OUI, domestic assault, or a violation of probation, you need clear and accurate advice about the risks you face. You also need skilled and resourceful representation to minimize the chance of jail, heavy fines, or suspension of your driver's license. Contact Western Massachusetts criminal defense attorney Ryan E. Alekman in Springfield for a free consultation about your options in cases ranging from assault and battery to possession or distribution of illegal drugs. His ability to present your case in the most favorable light possible can make a positive difference at every stage of the proceeding, from the initial decision to file charges to sentencing. The sooner you call, the faster he can go to work for you.

Criminal Defense - An Overview

Our criminal-justice system can be overwhelming and frightening. The United States' incarceration rate is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal-defense lawyer as early in the process as possible, preferably even before questioning or investigation. A skilled attorney can fight for your legal and constitutional rights. Remember that if you cannot afford to hire a lawyer, the government may have to provide one for you.

Criminal Liability

Historically in our criminal-justice system, two things must have been present for criminal liability to attach to an action. First, a person must have the intent to take the criminal action. Traditionally this culpable state of mind was called mens rea, Latin for guilty mind.

The second requirement for criminal liability is actus reus, Latin for guilty act. The prohibited physical event must take place in combination with the requisite criminal intention for the actual commission of a crime to take place.

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Constitutional Protections of the Criminal Defendant

When our country was founded, its supreme law was recorded in a document called a constitution. A national constitution establishes the country's basic philosophy and structure and can be looked at as the blueprint from which the laws will flow. The United States Constitution and its subsequent amendments define the scope of governmental power and reserve certain individual rights to the people.

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Classifications of Crimes

Because the negative behavior regulated by the criminal laws varies from relatively minor to devastatingly violent, crimes are classified into levels or degrees. The classification of a crime reflects its seriousness. If you face questioning or arrest or are accused of a crime, you should consult an experienced attorney as early in the process as possible for help protecting your legal and constitutional rights. A criminal-defense lawyer can explain the particular crime involved and its possible ramifications.

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The Death Penalty

Worldwide, capital punishment is becoming less popular and is seen increasingly as a human-rights violation. The majority of executions take place in Iran, China and the United States. In the US, 37 states and the federal government allow execution as a criminal penalty under certain circumstances. The states with the highest numbers of executions are Texas, Florida, Virginia, Missouri and Oklahoma. Experienced legal counsel is of the utmost importance for anyone accused of a capital crime.

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Finding a Job After a Criminal Conviction

Employers are becoming increasingly concerned about knowing whether applicants have criminal records. Part of this concern stems from large jury verdicts that have been rendered against employers for negligently hiring people with criminal histories who ultimately harm others. However, the laws vary widely from state to state about which criminal records an employer must or may access, what an employer may ask a potential employee and what the job applicant must reveal. If you have a criminal record and seek a job, it is in your best interest to consult with an attorney knowledgeable in criminal law and employment law so that you go into the job search fully informed of your rights and restrictions.

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From offices in Springfield, Massachusetts, Ryan E. Alekman, Attorney at Law, represents clients throughout Massachusetts, in communities such as Westfield, Holyoke, Northampton, Belchertown, Boston, Longmeadow, Easthampton, Ludlow, Palmer, Hadley, South Hadley, West Springfield, Greenfield, Amherst, Agawam, Chicopee and other Hampden County communities.