IS A CONVICTED PERSON ALWAYS SENTENCED TO PRISON TIME?
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When a trial court makes a decision, there is an assumption that their finding is the correct one and higher courts are hesitant to hear an appeal from the lower court. In order to hear it, the it must be demonstrated to the appellate court that there was an error in the trial and this was either a substantial error or a material one. This basically rules out harmless errors-those that are not likely to make a substantial difference in the result of the trial as they do not affect the defendant’s substantial rights.
When one is a performer in the public eye, their image is very important. They work hard to maintain good repute in front of people of all ages and walks of life, as their work is to be enjoyed by the mainstream public. Any accusations of wayward behavior could prove detrimental to their image and therefore their livelihood-when those accusations translate into charges of criminal activity, it could cause irreparable damage.
There are certain times of the year when law enforcement agencies crack down on drunk driving across the country, and Labor Day is one of those times. Authorities also advertise the number of stops conducted and arrests made on these events. As a result of the public pressure and push for taking a serious line against drunk drivers, many people may find themselves facing charges they did not anticipate or stopped for reasons that are not permissible.
As mentioned in last week’s post, even when one is facing serious criminal charges, they have certain constitutional protections that are available to them and that they should avail. One of those rights, as enumerated in the Miranda warnings, is the right to an attorney and speaking to one as soon as one is facing criminal charges is beneficial for the accused.
WHAT RIGHTS ARE PROTECTED UNDER THE FOURTH AMENDMENT? On behalf of Craig E. Gibbs, Attorney at Law posted in criminal defense on Wednesday, September 6, 2017. Much has been said about the constitutional rights a person has when they are arrested on suspicion of committing a crime. But, what are those constitutional rights and what do they guarantee? Personal […]
DOES MY ARREST STAY ON MY RECORD? On behalf of Craig E. Gibbs, Attorney at Law posted in criminal defense on Thursday, August 17, 2017. Legally speaking, an arrest is not the same as a conviction. The charges may be dropped and an arrested person released from custody for various reasons, including, but not limited to, the fact that […]
MAN ARRESTED FOR ARMED ROBBERY OF STORE On behalf of Craig E. Gibbs, Attorney at Law posted in criminal defense on Friday, August 4, 2017. Being arrested for a serious crime such as robbery in New Orleans can be frightening. Those who find themselves in this situation may feel overwhelmed with the legal system and unsure what to do […]
New Orleans Criminal Defense And Family Law
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