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Whenever a defendant enters into a negotiated plea, the judge makes sure that he is aware of the rights that he will be giving up. In the federal court, the defendant who wants to plead guilty must testify under oath to the facts that established his guilt. It is common for a judge to ask the defendant a long list of questions to determine whether he understands the plea.
For the most part, defendants usually follow their lawyer’s instructions. To avoid disrupting the plea-bargain, the defendant answers “yes” to all the questions. The judge will accept the plea once he is satisfied with the defendant’s answers. However, there are also instances when the judge consults with the crime victim or the probation officer to prepare the pre-sentence report. The judge also needs to listen to the prosecutor’s arguments including that of the defence before making the sentencing decision.
For a knowing and intelligent plea of guilt, the defendant has to:
- Admit that his conduct is punishable by law,
- Admit and understand the charges made against him,
- Understand the consequences of the plea and
- Understand the rights he is waiving by pleading guilty.
Knowing the consequences of the plea means that the defendant understands the sentence as it stands and the possible sentence if the case goes through trial. The rights that are being waived when the defendant pleads guilty include the right to counsel if unrepresented, the right to a trial by jury, the right not to incriminate himself and the right to confront and cross-examine the accusers.
In some courts, the defendant may be required to fill up and sign some forms indicating that he is waiving his rights. If the defendant is not an American citizen, he must be aware that he is facing the risks of deportation once convicted of the crime.
It is very important for a defendant to have legal representation through Donich Law during plea bargaining. An experienced criminal defence lawyer will complete a reasonable plea bargain for his client in order to decrease possible sentencing. The lawyer can negotiate the best possible plea bargain to protect his client.
With millions of criminal cases filed, reactivated and reopened in state courts, the adjudication process is often inundated. This has resulted to greater reliance on private law firms like Donich Law for their legal expertise. Whether you are under investigation or were charged with a crime, it is highly essential to have a skilled and experienced criminal defence lawyer by your side.
However, the primary obstacle for most people is the assumption that most lawyers will charge them a fortune. While it is relatively normal to fear excessive rates, exorbitant retainers and hidden charges, there are always exceptions to the norm. Your legal fees can be reduced by a dedicated criminal lawyer by offering a set price instead of a per-hour rate or by waiving any retainer. A better option is setting up payment plans or taking the case pro bono.
According to a criminal defence lawyer, the legal fees will depend on the case. For example, infractions and misdemeanors are often quoted retainer-free flat fees. On the other hand, felony charges often demand retainer and hourly rates. For some lawyers, initial consultations are usually free of charge.
Professional law firms are pretty straightforward about the details of the consultation process during which time, they will inform a client about the fee structure and legal services. They will usually review the charges and provide the necessary advice. The way they respond will give you with an idea of their expertise.
Most private law firms offer criminal defence services but not all of their lawyers specialize in criminal defence. If you have been accused of a crime, your best option is the criminal defence lawyer who has the knowledge and experience in the relevant area of law with a proven track record and work history. Since client-lawyer communication is very crucial, a good choice will be a professional lawyer who will respond promptly.
Their hard work, results and individualized client service has given Donich Law a reputation as a trusted risk management and litigation law firm. The lawyers are hardworking, dedicated and detailed by nature which is reflected in their work. Resources are deployed quickly and effectively to save their clients from stress.
Capital One, a financial services agency, disclosed that it recently became a victim to data breach which compromised the personal information of around 106 million clients all over the United States as well as Canada. The news alarmed large companies and even a theft lawyer condemned the action.
An arrest was already done by the authority after the hacker who is called Paige Thompson posted about what he allegedly did online.
According to Capital One, the personal information stolen included names of the individuals who signed up to avail their products including their phone numbers and their addresses. The firm clarified that the account numbers of their credit card are safe since the hacker was not able to get access to it. Experts said that it is the biggest data breach that has happened in the history of banking.
Capital One is known to be one of the leading issuers of credit cards in the United States and it also manages a number of retail banks. In a statement, the company said that the data breach impacts around a million clients in the United States and about six million individuals in Canada. Furthermore, the statement revealed that 140,000 clients have compromised social security numbers while 80,000 people who have connected their bank accounts are also affected.
For clients of Capital One in Canada, around one million have compromised social insurance numbers linked to their credit cards. The hack was said to have occurred on July 19, 2019. Other information was accessed by the hacker such as the payment history, credit scores, contact information balances and limits.
Capital One believes that the information will not be used for fraud but they will conduct an investigation regarding the matter. They are also sending notifications to all customers who are affected and they will be given free services such as identity protection and credit monitoring. This case should not be taken lightly according to a theft lawyer because it impacts the security of more than a million customers not just in the United States but also in Canada.
There are lawyers and court available for victims of crime in Melbourne but this right is not given to the Indigenous people of Australia. This is why the parliament of New South Wales is going to conduct a debate in order to determine the need to setup a Walama court which will handle sentencing of Indigenous individuals who have committed crimes.
The proposal is backed by the police and the lawyers in the state because they believe that it will help lessen Indigenous incarceration which is spiraling out of control at the moment. The government of Berejiklian, on the other hand, is opposed to the approach.
Pat Gooley, the secretary of the police association, said that the police force has been supporting the proposal for quite a while now. They are tired of the fact that some are just using the proposal to obtain political mileage. They believe that the solution is needed in order to lessen then number of people who have fallen victim to crimes and also to decrease the number of young men who are subjected to incarceration.
The opposition of the state is in favour of the Walama court proposal. Basically, it will operate under an existing district court and it will handle sentencing matters once the offenders agreed to a guilty plea. Just like the drug court in NSW, the sentencing will also include community-based punishments which will be monitored closely by the judge. There will also be sentences covered by an intensive period which will be under the Corrective Services.
According to NSW Bar Assocation, the court will need $15 million to operate within five years and majority of the funds will be used by the Corrective Services in order to monitor the community-based sentences of the offenders. The district will also be given $60,000 to hire their court officer.
Arthur Moses SC, the president of the bar association, said that the court will not be established as a soft-on-crime alternative. Police association and lawyers handling victims of crime in Melbourne are in agreement with the proposal in order to manage the sentencing of the Indigenous people in a way that acknowledges their human rights.