Criminal Law and the Part a Chicago Criminal Defense Lawyer Plays in the Society

It’s commonly straightforward to distinguish a civil case from a criminal one– by evaluating the parties involved. If the document states Doe v. Smith, it’s often a civil case; but if the file says Doe v. United States or Doe v. Illinois, it’s a criminal case. It’s important to understand the difference because many people still often mix them up like a smoothie.

A criminal defense lawyer in Chicago takes on criminal claims– infractions that hurt the public like rape and murder. There’s no solitary definition of crime, but it highlights any act of transgression of the law that damages the public. This is why particular court files normally declare Doe v. United States, implying the plaintiff is the people of the United States. It can likewise work by state like Doe v. Illinois, implying the offender will confront the people of Illinois. .

In submitting a criminal case, the prosecutor of the jurisdiction where the unlawful act took place establishes whether or not the charge ought to be pursued. Because of the gravity of the lawsuit, criminal allegations have to be submitted within 72 hours if any apprehension is made. A number of states simply need charges to be submitted within 48 hours.

Compared to a civil case, a criminal case involves more than simply remuneration for damages. The offender, if verified liable, can also be imprisoned, required to carry out community service, or be subject under the capital punishment. The matter of proving the defendant’s guilt generally lies at the hands of the government that filed the complaint.

If there’s something that civil and criminal lawsuits share, it’s typically the possibility of a retrial or an appeal to reconsider the previous ruling. Nonetheless, this is already out of the hands of a typical court; appeals are currently the duty of an appellate court (or court of appeals). An appellate court will simply inspect whether or not there are incongruities with the legal proceeding in question. It can either require a fresh trial to be hosted or the case rejected entirely.

For more information about criminal lawsuits, go to the websites at Nolo.com and Diffen.com. For more details, you can visit a criminal attorney in Chicago.

Benjamin Leavitt – Domestic violence lawyer Westchester, NY

Benjamin Leavitt puts forth the strongest criminal defense strategy possible to defend you in a criminal case.

I graduated with honors from the University of Minnesota Law School in 2001. While there, I was an editor of Law and Inequality: A Journal of Theory and Practice, a director of legal clinical programs and was recognized for my role in the law school’s public service program. I have been, and continue to be, dedicated to defending those in need. As a Public Defender in New Hampshire (one of most respected defender programs in the country), I saw countless cases where hardworking people caught up in the legal system and who benefited from experienced legal assistance. My success there carried over into my representation of clients in private practice in Manhattan. While taking a passionate interest in your defense and your personal needs, I will also be your advocate in the courts, putting my knowledge of the law and trial skills to work. No lawyer can guarantee success, but with a proven track record, I strive to bring you the best possible outcome. I am a member in good standing with the: National Association of Criminal Defense Lawyers New York Association of Criminal Defense Lawyers New York Defenders Association New York State Bar Association Westchester County Bar Association When you find yourself in need of experienced legal assistance, whatever the matter may be, contact me at Leavitt Legal today.

Our Services : Benjamin leavittdomestic violence ny, domestic violence westchester, drug possession manhattan, drug possession new york, drug possession westchester, dui attorney westchester county, dui lawyer Bronx, dwi attorney westchester, dwi lawyer westchester, juvenile crimes attorney new york, drunk driving westchester, traffic violations new york. Contact Information : Benjamin Leavitt Contact : 800-613-6737 Fax : 914-949-0379 19 Court Plaza White Plains, NY 10601, United States.

Immigration Bonds Are Here To Help Migrants

Immigration bonds are not frequently talked about when it comes to bail bonds. If you are not an immigrant, then you will not need this form of specialized bond nor a bail bond agency that specializes in immigration. If you are a natural citizen, then you will not need the services of the Immigration and Naturalization Service, or INS, to help bail you out of a problem.

Immigration bonds are issued by the Department of Immigration and Naturalization Service to bail bond agents who specialize and are licensed to bond out immigrants to the United States. It is not just any old license.

It is one that is specially given out by the INS for a bail agency that knows the inner workings and risks associated with immigrants. Studies have shown that immigrants from certain countries are more likely to run and force a bail enforcement agent to try to track them down.

There are two ways a bond is posted. The first is a cash bond in which the immigrant puts up the entire amount in cash him or herself. The second is through a bail agency that will guarantee the bond but requires a percentage of the bond as their fee.

The higher the risk of running, the larger the bond will be and thus the percentage, which is non-refundable, will be higher as well. As long as the immigrant shows up to the court on the designated day there will be no problems.

There is one note that needs attention when dealing with the INS. Just because an immigrant is arrested does not mean they will automatically be deported back to their home country. It depends largely on the degree of crime and whether or not they are in the United States legally.

Chances are pretty high that if they are here illegally, they will be deported back to their home country. Just as with American citizens, immigrants are innocent until proven guilty.

Since immigration bonds are a specialized form of bond, it takes a person familiar with the laws of the Immigration and Naturalization Service in order to write the bond. The INS can point the immigrant towards agencies and attorneys who are familiar with these laws and who can help them out if they find themselves in trouble with the law.

It does not have to be a fruitless endeavor of hunting and searching. That is why the INS is a perfect place to begin the search. They help immigrants get the help they need in order to be tried fairly.

Visit Mike Selvon portal to learn more about the immigration bonds. Your feedback is much appreciated at our bail bond services blog where a free gift awaits you.

New York Immigration Marriage Law

United States is through a lawful marriage to a U.S. citizen. As a result, the Immigration Service saw many sham or business marriages. To protect the agency and the country from fraudulent applications and marriages, Congress passed Immigration Marriage Fraud Amendments of 1986.

Marriage Residence status

Marriage now results in conditional residence status unless it is more than two years old at the time of granting the immigrant status. Two year period is measured from the time residency is granted. Conditional residence status may be terminated if before the second anniversary of the grant of conditional residence, the new york Immigration Service determines:

1) marriage was judicially terminated, such as a divorce
2) marriage was entered into to gain an immigration benefit
3) the couple failed to petition (Form I-751)

The Immigration Service to remove conditions within 90 days prior to second anniversary of conditional residence or the couple failed to attend their interview, unless the noncitizen has filed Form I-751 seeking a waiver of the joint filing requirement. Conditional residence becomes permanent residence after second anniversary of status if it is not terminated for any of the above reasons.

Immigration Marriage Fraud Amendments Act covers spouses

If the new york Immigration Service suspects that an alien has entered into a sham marriage, that alien is subject to removal from the United States. For that to happen, the marriage must be fraudulent at its inception or from the very beginning.

To determine whether the marriage was fraudulent at inception, the Immigration Service looks at several factors. The question that becomes relevant is: did the bride and groom intend to establish a life together? The government looks at the subjective state of mind. However objective factors are also considered. The conduct of parties before and after the marriage is relevant. To prove validity of the marriage, the couple must present evidence which may include, but is not limited to, insurance policies, property, leases, income tax, bank accounts, etc. Additionally, the couple must be consistent in its answers to the immigration officer.

Hemp And Legal Implications

Copyright 2006 Francesca Black

In 1619 Jamestown Colony, Virginia enacted laws ordering farmers to grow hemp. Similar laws were enacted in Massachusetts in 1631, Connecticut in 1632 and the Chesapeake Colonies in the mid-1700’s.

Even though the U.S. government encouraged American farmers to grow hemp for WWII and had even accepted it as payment of taxes in Colonial America, it is now prohibited to grow hemp in the United States.

Cannabis hemp was legal tender in most of the Americas from 1631 until the early 1800’s. you could even pay your taxes with cannabis hemp. In the mid-to-late 1800’s the 2nd & 3rd most commonly used medications were concentrated cannabis extracts and resins (a.k.a. hashish). At one time American companies Eli Lily, Squibb and Park Davis produced cannabis extract medicines but clearly that is no longer the case..

Today the THC levels in industrial hemp are so low that no one could ever get high from smoking it. Moreover, hemp contains a relatively high percentage of another cannabinoid, CBD, that actually blocks the marijuana high. Hemp, it turns out, is not only not marijuana; it could be called ‘antimarijuana.’ Although opponents of hemp production claim that hemp fields will be used to hide marijuana fields, this is unlikely because cross-pollination between hemp and marijuana plants would significantly reduce the potency of the marijuana plant.

On March 12, 1998, Canada legalized hemp production and set a limit of 0.3% THC content that may be present in the plants and requires that all seeds be certified for THC content.

In 1942 the US government strongly encouraged hemp cultivation to help with the war effort, going so far as to produce a film entitled “Hemp For Victory”. Hemp was grown commercially (with increasing government interference) in the United States until the 1950s. While congress expressly expected the continued production of industrial hemp, the Federal Bureau of Narcotics lumped industrial hemp with marijuana, as its successor the United States Drug Enforcement Administration (DEA), does to this day. Even though the US government encouraged American farmers to grow hemp for WWII and had even accepted it as payment of taxes in Colonial America, it is now prohibited to grow hemp in the United States. While industrial hemp and marijuana may look somewhat alike to the untrained eye, an easily trained eye can easily distinguish the difference.

The European Union subsidizes its farmers to grow industrial hemp. Hemp seed is not psychoactive and cannot be used as a drug. Hemp Seed does not contain THC. From 1842 through the 1880s, extremely strong marijuana (then known as cannabis extractums), hashish extracts, tinctures, and elixirs were routinely the second and third most-used medicines in America for humans (from birth through old age). These extracts were also used in veterinary medicine until the 1920s.

The illogical and unrealistic reasons for not growing hemp should be set aside now, as this crop will be a wonderful economic boon. In 1935 116 million pounds (58,000 tons) of hemp seed was used to make paints and varnishes yet it has been effectively prohibited in the United States since the 1950s.

Hemp was doomed by the Marijuana Tax Act of 1937, which placed an extremely high tax and made it effectively impossible to grow industrial hemp. While congress expressly expected the continued production of industrial hemp, the Federal Bureau of Narcotics lumped industrial hemp with marijuana, as its successor the United States Drug Enforcement Administration (DEA), does to this day. While industrial hemp and marijuana may look somewhat alike to the untrained eye, an easily trained eye can easily distinguish the difference.

No marijuana grower would hide marijuana plants in a hemp field. Marijuana is grown widely spaced to maximize flowers and leaves; hemp is grown tightly-spaced to maximize stalk and is usually harvested before it goes to seed. It is also the first place where law enforcement officials would look. No one would want to smoke industrial hemp. Industrial hemp has a THC content of between 0.05 and 1%. Marijuana has a THC content of 3% to 20%. To receive a standard psychoactive dose would require a person to power-smoke 10-12 hemp cigarettes over a very short period of time. The large volume, high temperature of vapor, gas and smoke would be difficult for a person to withstand, much less enjoy.

The US State Department must certify each year that a foreign nation is cooperating in the war on drugs. The European Union subsidizes its farmers to grow industrial hemp. Those nations are not on this list, because the US State Department distinguishes the difference between hemp and marijuana. Over 30 industrialized democracies do distinguish hemp from marijuana. International treaties regarding marijuana make an exception for hemp, and trade alliances such as NAFTA allow for the importation of hemp. In fact NAFTA allow for the importation of hemp. All members of the Group of Seven Industrialized Nations permit hemp cultivation except one-the United States.