Category: Criminal Law
Felonies – Finding a Lawyer for a Serious Crime
September 12, 2014 | Adriel B. VillarrealFelonies carry a very serious penalty. When a crime is committed, the crime will be classified as a felony or a misdemeanor. In essence, these are two different levels of crimes where the classification determines the penalties a crime warrants. What is a Felony? A felony is a crime which warrants a jail sentence that exceeds 12 months. The type of felony that a person commits will have a much greater impact on the time of incarceration that a person is given. Types of Felonies Felonies and misdemeanors often occur for the same type of crime. This, for instance, would be the circumstances and extent of a crime. Even similar crimes, such as assault or theft, can be a felony if the circumstances meet specific requirements. Theft: A prime example of a crime that can easily be a felony or misdemeanor. The amount or value of the goods or money taken without the consent of the owner will determine whether a theft is a theft or a larceny, which is a felony. Some states consider any property stolen that exceeds $500 – $1,000 a felony. Finding a Felony Defense Lawyer Experience and location are two essential elements to consider when evaluating felony defense lawyers. The criminal lawyer you ultimately select will need to be:…
Read MoreIs It Ever Best to Choose a Jury Trial?
June 24, 2014 | Adriel B. VillarrealIf you are deciding to bring a case to trial, it can be difficult to make the choice between a judge or jury trial. There are many reasons why one may be better than the other, but in some cases, a jury trial may be the best option for you to get the outcome you want. What is a Jury Trial? A jury trial is a trial that is brought before a jury of “the peers of the accused” in a criminal case, who have no prior knowledge of the case or anyone involved in the case. The jury makes the decision on whether the defendant is guilty or not guilty and the judge is only in charge of making sure the law is upheld. Note: the jury only determines guilt, the judge is still responsible for deciding on the penalty. Choosing a Jury Trial The reason that many people choose a jury trial over a judge trial is because they feel like they can make a better case with sympathy than with evidence. A jury is much more likely to be swayed by emotions than a judge would be. Choosing a jury trial would beneficial in cases such as sexual harassment, emotional abuse, or other cases of being victimized by another person….
Read MoreExpungement Law Update
March 17, 2014 | Jon P. EricksonA bill to reform a number of aspects of the existing expungement laws has been drafted and filed with both the Minnesota House and Senate. On March 5th I sat in on a hearing before the Judiciary Committee of the House on the bill. What’s in the Bill? A summary of the bill describes the bill as “expanding judicial expungement authority over juvenile expungements; requires business screening records to keep their criminal records current; allows for eviction records to be expunged at the time of judgment; expands the scope of statutory expungement in chapters 609A; creates a path to expungement without petitioning the court; amends the factors for a court to consider in granting a statutory expungement ; amends the law governing access to expunged records; and creates additional notice requirements for expungement orders.” A couple of amendments were offered on the floor which were not opposed by the bill’s author, and the law as amended was passed out of the committee and sent to the House civil law committee. It is not expected to have much if any opposition in that committee. This is all good news. The bill is moving forward at a fast pace. No one who testified at Wednesday’s hearing testified in opposition to the bill. The current bill…
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