Mr Garland considers every case as different and potentially unique. It is often useful to focus on the core issue that a case presents. In a particular case it may be to simply admit that the accused did the "act" being charged, but to point out how that act is protected by the Constitution, by a privilege, or by a statutory right.
The war on crime has many victims. Overall, statistics show that crime has dropped over the past 30 years. Yet arrests must be made to justify the existence of, and funding for, the police-prison industrial complex. Many arrests are made on bare "probable cause" with little investigation to explore other suspects or other non- criminal explanations.
With a degree in chemistry Mr Garland has established a pattern of disputing poor scientific methods and conclusions not supported by research. Scientific evidence appears in just about every criminal case more complex than jay walking.
Other cases involve broader questions of constitutional rights. Why are some police so quick to charge firearm violations for people with no record? In an unsurprising number of cases the arrest violates the person's second amendment rights. Many cases involve such fundamental rights such as privacy, practice of religion, free speech and association. The exercise of constitutionally protected rights is frequently a valid defense to an arrest. Our constitutions do, in fact, retain the power of the government.
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Fees are determined on a case by case basis. Cases involving complex facts, extensive discovery, and novel legal issues are necessarily more time intensive, and therefore more expensive. Consider that the attorney charging a low fee might be expecting to use a cookie cutter approach. The consumer should be aware that legal costs increase with novelty and complexity. The goals of representation should always be explored before the retainer agreement is signed.
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- Q. How do I get a restraining order removed if I haven't had contact with the other person?
- A: Retain an attorney to file a motion to dissolve the injunction. Your attorney should guide you on whether it is feasible- it often is. Notice should be given to the Petitioner if possible, and the matter should be set for a hearing.
- Q. My brother called me from jail and I agreed to talk to convince his victum to drop charges but didn't can I be charged
- A: You should consider that many jails record phone calls. Police can access and listen to these calls. Usually, the courts at first appearance impose no victim contact restrictions. This means no direct or indirect contact. The restriction applies even if the arrestee doesn’t bond out. For your brother to ask you to contact a victim to convince her/him to drop charges could be construed as an attempt at indirect victim contact. The police are likely more focused on your brother’s actions than yours, but you can never be sure. These general bond restrictions often run into conflict with the close relationships between family and friends. Each situation has to be looked in light of all the circumstances. You would need to personally consult an attorney to review your situation. I hope this helps at least a little.
- Q. How much jail time can a first time offender receive if charged and convicted?
- A: Burglary of a dwelling with an assault is punishable by life imprisonment. That’s the maximum potential sentence. This burglary charge would “drive” the sentencing. Also, this burglary is a violent crime of special concern. As the victim you should consult with the prosecutor and/or victim assistance counselor.
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