What is a Wear and Carry Permit?

A Wear and Carry Permit (WCHP) is a license that allows people to carry firearms on their person. It is also known as a CCW, concealed carry, or concealed handgun permit.

In Maryland, citizens are required to meet training and fingerprinting requirements before being approved for a WCHP. The suspension of the “good and substantial reason” standard does not impact that requirement.

Qualifications

The qualifications for a Wear and Carry Permit are governed by state law. Applicants must meet the requirements of a state-issued license, which includes obtaining an approved training course, as well as demonstrating a good and substantial reason for wanting to carry a handgun.

For example, if you are seeking a permit for personal protection, the required documentation should include evidence of threats or robberies against you, along with police reports or notarized statements from witnesses. Owners and employees of businesses should submit business records, financial statements and a letter from the employer on company letterhead explaining why the employee needs to carry a handgun as part of their job.

Maryland state law requires all applicants for Wear and Carry Permits to undergo a 16-hour training course offered by an approved Qualified Handgun Instructor. This includes instruction on state firearm laws, home firearm safety, handgun mechanisms, and operation, and a component that requires the applicant to demonstrate gun safety and proficiency with a minimum score of 70% accuracy.

Training Requirements

Before you may legally wear and carry a regulated firearm, you must possess and maintain on your person the MSP-issued Handgun Wear and Carry Permit.

Unless exempt, applicants must successfully complete firearms training prior to submitting their application, or within 2 years from the date they are issued the permit.

New York state requires all conceal carry permit holders to complete 16 hours of in-person live classroom instruction and two hours of live fire. The training includes instruction on state firearm law, home firearm safety, basic handgun mechanisms and operation, and a component that requires you to demonstrate gun safety and proficiency with a minimum score of 70% accuracy.

The four-hour New York State Initial Handgun Safety Course can satisfy some of the requirements, but you’ll need to take our full 18-hour class to receive a certificate in most counties. Our 2-4 day classes are also available for those who need the training quickly. You can pre-register and pay online for these courses.

Fees

Depending on the jurisdiction, applicants can expect to pay anywhere from $10 to $56 in fees. This includes fingerprinting and background checks.

Applicants must also take an approved pistol training course before renewal. This training can be completed up to one year prior to the application date.

Residents apply for their license via the Maryland State Police Licensing Division Portal, uploading a digital passport-style photo, certificate of training or exemption, and “Live Scan” fingerprint receipt. These documents can be uploaded in PDF, JPG, PNG, DOC, and DOCX formats.

The application fee is also paid electronically at the time of submission in the Licensing Portal. Changing address information on a Wear and Carry Permit must be reported in writing to the Permits and Licensing Division within 30 days of a change.

Renewals

Every two years, Maryland Wear and Carry Permit holders are required to renew their permits. The process is streamlined and can be done online via the MSP Licensing Portal. You must submit an application fee of $50, two color passport-quality photos no older than 30 days, and your firearms training certificate.

Renewals must be completed no more than 90 days after the expiration date on your Wear and Carry Permit. In some cases, such as if you are a security guard, private detective, armored car guard, or special police officer, the renewal can be processed in your local Sheriff’s office.

The renewal process involves eight hours of training from an approved handgun instructor. This includes a review of state firearm law, home firearm safety, handgun mechanisms and operation, and a component that requires shooting at least 25 rounds from no further than 15 yards and scoring a minimum of 70% accuracy.

Applicants may also be exempt from the training requirement if they are a veteran, disabled, or retired law enforcement officer. If you are an active, former, or retired law enforcement officer, you must provide documentation verifying your status.

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What is the difference between civil and criminal cases?

What Are Criminal Cases And Civil Cases? Understanding The Key Differences

 

Legal cases can be classified as either civil or criminal. But the specific details of each case will determine whether a person’s actions result in a criminal or civil lawsuit.

Charges in criminal lawsuits are typically made by the government and involve matters that have an impact on society. Contrary to that, civil lawsuits, also known as personal injury cases are brought by people or businesses looking for monetary compensation after an incident or injury.

This article focuses on the key differences between these two types of cases, and also explains how can they overlap in certain cases.

What Are Criminal Cases?

Criminal law deals with prosecuting crimes like rape, murder, drunk driving, drug dealing, and fraud that have societal repercussions. If left unaddressed, these actions often have a negative impact on society as a whole.

A sentence will be given to a person after a court finds him guilty of a crime. If a federal crime was committed, the sentence may include a requirement that the offender pays a heavy fine and/or make restitution to the victim, serve time in jail, be subject to community supervision by a court employee known as a U.S. probation officer, or sometimes a combination of these three options.

What Are Civil Cases?

A civil case is initiated when an individual or organization (such as a corporation or the government), alleges that the defendant has breached a legal duty to the plaintiff. Plaintiff refers to the party who initiates the case.  The terms “parties” or “litigants” are also used to refer to both the plaintiff and the defendant. The plaintiff may ask the court to order the defendant to perform the duty, compensate for the damage done, or both. Respecting rights established by the Constitution or by federal or state law is an obligation under the law.

Civil cases include incidents like slip-and-fall injuries, car accidents, or medical malpractice. In such cases, the injured party is harmed as a result of the other party’s negligence, but that doesn’t prove the defendant a criminal. Civil lawsuits can be filed in both state and federal courts. A person residing at Los Angeles may try best civil rights law firm in Beverly Hills, CA.

Burden Of Proof In Criminal And Civil Cases

In a criminal trial, the prosecution must prove that the accused executed the crime “beyond a reasonable doubt.” These proceedings usually take place in a courtroom, where an unbiased jury delivers a verdict after hearing the case.

However, the burden of proof in civil cases is lower than in criminal cases, and it is called “a preponderance of the evidence.” It implies that in order to succeed in court, the plaintiff just needs to prove that defendant was more than 50% at fault. Instead of a jury, judges rule in the majority of civil cases.

When Can Criminal Case And Civil Lawsuit Cross Paths?

As already discussed, civil and criminal cases are handled differently and carry different burdens of proof and sanctions. However, in certain cases, one defendant may be subject to both a criminal and civil lawsuit for the same crime.

Consider the case of a murderer as an example. A criminal trial would take place due to the seriousness of the crime and the violation of a law that intends to maintain a safe society. Regardless of whether the defendant is found guilty of the crime in a criminal court, the victim’s family members may still file a wrongful death claim against the defendant in civil court.

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Drug Trafficking Lawyers Dallas

If you’re looking for a lawyer to help you with drug trafficking charges, you may be in luck. There are several Dallas drug lawyer who specialize in this type of case, so you’re bound to find one who can help.

Group 1 drug trafficking lawyer

If you are accused of a drug crime, you need to hire a qualified attorney who can help you with your case. A criminal defense lawyer will protect your rights and fight for the best possible outcome.

In Texas, drug trafficking crimes carry stiff penalties. The most severe penalties can include years in prison. This type of crime can be charged as a state or federal crime, depending on the circumstances.

If you are accused of this crime, you need an experienced attorney who can help you navigate the laws and statutes. Your lawyer will be able to evaluate your case and give you a thorough plan.

Drug trafficking is a complex legal problem. It involves the transport of a controlled substance, as well as the delivery of the substance to the intended recipient. Traffickers often use commercial trucks, airstrips, and ships to move the drugs.

Depending on the type of drug involved, the penalties can vary. Typically, a drug trafficking conviction can result in several years of imprisonment and thousands of dollars in fines.

While possession of a narcotic is a common accusation in Texas, the actual process of trafficking is a much more serious matter. When you are under duress to sell the drug, you are robbed of your right to make your own decisions.

Group 2 drug trafficking lawyer

If you are facing drug trafficking charges, it is vital that you seek help from a Dallas group 2 drug trafficking lawyer. This type of offense is extremely serious, and can affect you for years to come.

The punishments for these crimes vary, depending on the amount of drugs and the type of criminal activity. Even simple possession and distribution of a controlled substance can result in prison time and thousands of dollars in fines.

If you have been arrested for drug possession, you may be concerned that it will impact your career and your freedom for years to come. A conviction can mean jail time, driver’s license suspension and the loss of rights to vote and own a gun.

In Texas, there are different penalties for each type of crime, so it is important to find a lawyer that is familiar with the laws governing the specific type of offense you have been charged with. Finding a qualified attorney can be the difference between a clean record and a lifetime in jail.

Drug trafficking is one of the most serious types of crimes in Texas. It is considered a felony, and penalties can range from two to 99 years in prison.

If you have been accused of trafficking drugs, you may be subject to federal charges, which can be even more severe. Penalties for these crimes can be hundreds of thousands of dollars in fines and decades of incarceration.

Group 3 drug trafficking lawyer

If you are charged with possession of a controlled substance, you should seek the assistance of a skilled drug trafficking lawyer in Dallas. A conviction could result in years of imprisonment and thousands of dollars in fines.

There are several different types of charges you can be faced with in Texas. These include trafficking, manufacturing, delivery, possession, and cultivation. The penalties for these crimes vary according to the amount and type of drugs involved.

Trafficking is one of the most serious types of drug offenses, and it requires a lot of proving. It is also possible to get federal charges for this crime, and the penalties can be harsher.

Drugs are classified into four categories: Group 1, Group 2, Group 3, and Group 4. Each group has different risks, and the penalties depend on the type of drug.

Generally, a drug is considered more addictive if it belongs in the Group 1 category. However, there are some drugs that are classified as Group 3 and are less dangerous than those in Group 1.

There are also prescription medications that contain stimulants. They are not included in the Group 3 classification, but they can be a factor in a drug case.

For these types of cases, a qualified attorney can aggressively defend your case. The severity of the charge depends on the type of drug, the quantity, and the intent to sell.

 

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Martin Birdsall Esq. Explains What False Arrest is and How to Deal with It

False Arrest occurs when the authorities or private persons wrongfully hold you against your will or take you into custody. The detention is done without lawful justification that is probable cause, a valid arrest warrant, or consent. This wrongful holding is sometimes also called false imprisonment and is generally considered misdemeanor offense. Studies estimate that 4-6% of people incarcerated in US prisons are innocent.

The word false refers to the illegality of the restraint or detention.  Some jurisdictions treat false imprisonment or arrest as kidnapping when the imprisonment is kept secret from others. False arrest is termed as a crime and civil harm which means the victim can sue the concerned authorities for damages in a civil lawsuit. An expert lawyer can help you identify a case of a false threat and deal with it.

What Constitutes a False Arrest?

False or wrongful arrest refers to private as well as government detentions and does not essentially require any malice or bad faith on the offender’s part. Anyone who wrongfully holds a person or restricts that person’s freedom against his/her consent commits the crime of wrongful or false arrest. One such example is keeping someone locked in your home against that person’s will. False arrest and false imprisonment are generally used interchangeably but a false imprisonment may not follow a false arrest, although a falsely arrested person is falsely imprisoned.

A false arrest can also be committed by the police when it acts without authority or beyond the scope of their powers. However, an arrest made by a police officer on the issuance of a warrant by a court based on a wrong statement is not false because the police have the authority to arrest those whom they reasonably suspect of having committed a crime. This is a case of bad arrest and not false arrest. But any arrests made due to personal issues will amount to false or wrongful arrests. The decision of whether an arrest is legal or false can be taken only by a court.

False Imprisonment can be termed as a misdemeanor or felony depending on its outcome and the jurisdiction under which it is covered.

Legal Recourse in Case of a False Arrest

Victims of a false arrest:

  • File a complaint against the arresting officer
  • File a motion to suppress the evidence obtained from the false arrest
  • File a lawsuit against the concerned officer and the department demanding an injunction or monetary damages to cover the cost of medical bills if any, lost wages, pain and suffering, and any other out-of-the-pocket costs. In the case of injunction, the court can order the retraining of the officers or ask the department to change its official policies for arresting or firing the concerned officer.

Victims of false imprisonment or arrest can also bring a civil lawsuit against the person who restrained them. They can sue for compensation for the harm caused to their reputation or any physical consequences. Civil rights lawsuits are also called Section 1983 suits and were brought in federal district court. Such cases can be filed in state or federal courts in the US when police or prison guards or other state officials use excessive force while acting in their official capacity. The concerned officers can, however, get protection by qualified immunity (immunity available to government officials from lawsuits filed over conduct done while on duty) in the case of civil lawsuits.

A criminal defense attorney can help people who have been falsely detained or arrested without a basis or if the police are acting outside their authority. The attorney can help you understand the situation and guide you through the process to get justice.

How Much Compensation Can be Sought for False Arrests?

The main damage that results from false imprisonment or arrest is the loss of freedom. The amount of compensation that can be sought or the amount you can sue for false arrest depends on the severity of the offense and the physical and mental damages incurred.

  1. If a person is wrongfully arrested and held for a short time, compensation can be sought for the trouble caused.
  2. If a person was unlawfully detained for an extended period or was subjected to harsh conditions, claims can be made for the recovery of punitive damages.
  3. If the arresting officers used excessive force, the person could claim both compensatory and punitive damages.

In the cases of wrongful or false arrests, the burden of proof lies on the police who must provide evidence that they had probable cause for the arrest. Probable cause exists when an officer has a reasonable belief, based on facts and circumstances, that a crime was committed by the person to be arrested.  An expert lawyer can understand the specifics of your case and guide you in filing the police complaint and making the rightful claims.

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How to Access Legal Assistance as a Convicted Criminal?

Get the Help You Need: How to Access Legal Assistance as a Convicted Criminal

Being in a legal situation can be a stressful and time-consuming affair. It’s hard enough to know how to find the right lawyer, and who to talk to about your case. However, if you’re a convicted criminal, it makes it even more challenging and complicated to gain access to fair and worthy legal advice.

Regardless of your status, you have the right to a lawyer from the moment you are arrested, all the way through your court case. It is vital to understand your rights, and accessing legal assistance is all part of that process.

Issues that may arise in your search for a criminal defense lawyer include your financial situation, access to resources, and time constraints. But don’t worry – you are not alone, and there are a few key methods to gaining access to legal assistance if you are a convicted criminal.

Here, we will talk about the best and easiest options for securing yourself a criminal defense lawyer and legal assistance without too much stress.

Contact Your Local Public Defender’s Office

The first step in your legal journey as a convicted criminal is to contact your local public defender’s office. A public defender is an attorney who is appointed by the court to represent defendants who cannot afford to hire their own attorney.

Public defenders often represent people who are charged with a felony or misdemeanor, and violations of probation or parole. They also can represent minors, or those being involuntarily held on the basis of mental illness or who require guardianship.

Public defenders are the responsibility of the government, as part of a Legal Aid program, and ensure that fair and just representation is offered to the public. At the initiation of your case, you can ask the court to appoint a public defender during your first appearance before a judge. At that time, you may be asked to submit a financial declaration to determine eligibility.

To contact a public defender’s office, you can look them up online or in the government pages of a phone book. If you haven’t been appointed a public defender, and aren’t sure whether or not you qualify for one, you can ask the office once you call.

Get in Touch with a Legal Aid Organization

In addition to public defenders are multiple types of Legal Aid organizations. There are typically numerous societies and legal centers that will provide everyone – including convicted criminals – with help in finding a lawyer, filing legal papers, and preparing a case.

Like a public defender, Legal Aid societies are funded by the government, and provide free or low-cost legal assistance to low-income individuals. They also educate their clients on their rights, the court process ahead, and the options.

Depending on the focus of the charge, a person may be appointed a criminal defense lawyer, or someone who is more schooled in family law. It simply depends on what the accusations are.

In addition to financial assistance, Legal Aid societies exist to secure and support the integrity of the convict. They help protect the rights and freedoms of each individual, and are fueled by human rights and volunteers.

Gain Assistance from the Office of Justice Program (OJP)

Like Legal Aid societies, the Office of Justice Program (OJP) was created to help offer equal justice to those in need, such as convicted criminals and those who need criminal defense lawyers.

This program was developed as a research and grant-writing organization; its primary goals are to provide local and regional law agencies with information, training, and strategies for handling law enforcement issues. By contacting them directly, you can gain access to direction, assistance, and suggestions by professionals in the field of justice.

In addition to offering legal aid, an OJP also offers resources, support, and educational opportunities in order to improve the justice system. To get a hold of the OJP, you can find them online, or listed in any phone book.

If you are a convicted criminal in need of professional legal advice from someone like a criminal defense lawyer, do not delay. By using one of the resources listed above, you can gain access to knowledgeable help that may be detrimental in the success of your case.

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Clergy Sex Abuse | Legal Advice for Victims

Church congregants trust their church’s clergy to provide religious and spiritual guidance. Unfortunately, some clergy members exploit churchgoers’ trust by committing psychological and sexual abuse. The Roman Catholic Church has made headlines over the years for allegations of sex abuse along with failure to investigate the survivors’ claims, report instances of abuse to the authorities, and generally, keep its church members safe.

Survivors of clergy sex abuse have the right to file a civil lawsuit to claim compensation for the profound mental, emotional, physical, and spiritual damage endured as a result of the abuse. If you are a survivor of sex abuse at the hands of a clergy member, contact a clergy sex abuse lawyer today for guidance on the best way forward.

What is Clergy Sex Abuse?

Clergy sex abuse occurs when an individual in a ministerial role engages in sexual contact, including child sex abuse, molestation, child pornography, sexual assault, and rape, against a church member, a student, or an employee. Although The Roman Catholic Church has received the most scrutiny regarding clergy sex abuse, this type of abuse can transpire within any institution professing religious and/or spiritual guidance.

It is important to note that children are especially susceptible due to their impressionable age. Minors who experience abuse by a clergy member can take many years to understand and process the full extent of their trauma and seek help to recover from the abuse.

How Do Priests Groom Sex Abuse Survivors?

Priests or clergy members often initiate the abuse by grooming the survivor in order to establish trust and develop a bond. Grooming is a manipulation tactic that abusers use to build a relationship with their target individuals who feel compelled to participate in the abuse. Grooming is a deliberate, step-by-step process that includes:

  • Identifying potential victims: Many priests have strong bonds with parishioners. Abusive clergy members use these relationships to seek out people, such as vulnerable youth
  • Gaining the targeted parishioner’s and their family’s trust: The abuser tries to gain the individual’s trust in a number of different ways, including gifts, compliments, or special attention. The perpetrator seeks to eventually fill a void or become a role model for the target parishioner
  • Isolating the individual: Next, the abuser often exploits the target individual’s and/or their family’s trust by requesting time alone outside of regular church hours. This is done to gain access to the individual, sometimes under the pretense of spiritual guidance or counseling
  • Increased physical/sexual contact: The abuser’s objective is to lower the individual’s inhibitions and even desensitize them to touch and other forms of physical contact. This sexual contact typically escalates over time
  • Maintaining control: After the occurrence of sexual abuse, the perpetrator often uses tactics such as manipulation and threats in order to maintain control over the individual, as well as protect their identity and wrongdoings from being exposed

The Catholic Church & Sex Abuse

Reports of Catholic priest sex abuse have been documented in nearly every state and in many other countries. Although clergy sex abuse within The Roman Catholic Church has been occurring for centuries, a 2002 Boston Globe report brought substantial media attention to the issue. After a month-long investigation, the report revealed decades of sex abuse cases in Boston Catholic churches as well as the immense efforts taken to cover up the abuse. This led to a national outcry and spurred further investigations that unmasked tens of thousands of priest sex abuse reports in archdioceses across the U.S.

These investigations revealed that in several cases church leaders knew about the clergy sex abuse taking place and either ignored it or paid large sums of money to cover it up. A CNN report showed that during a one-year time period between June 2017 and June 2018, the U.S. Catholic Church spent over $300 million on costs related to clergy sex abuse, including $200 million in civil lawsuit settlements.

What Should I Do if I am a Survivor of Clergy Sex Abuse?

If you are a survivor of Clergy or Catholic priest sex abuse, you should know that you are not alone and you have legal options available to you to pursue justice. You should immediately report the abuse to a law enforcement agency as well as to the archdiocese where the abuse had occurred.

In most cases, survivors of sexual abuse have the right to file a clergy sex abuse lawsuit to recover compensation for the trauma endured. This is irrespective of whether or not they decide to pursue a criminal case as well. A clergy sex abuse lawyer will be able to guide you through the legal process and answer any questions you may have.

Is It Ever Ok to Have Sexual Contact with a Religious Leader?

According to the FaithTrust Institute, a global organization working to end sexual and domestic violence, clergy members can pursue relationships with of-age individuals outside of their congregation as long as manipulation and coercion are completely absent from the relationship. If a clergy member becomes interested in a romantic relationship with a congregant, they should remove themself from their ministerial role prior to pursuing a relationship. However, individuals in The Roman Catholic Church must take a vow of celibacy before becoming a priest.

Will Speak Out About the Abuse Hurt My Church?

Many survivors of clergy sex abuse are apprehensive about reporting the abuse out of misplaced fear, embarrassment, guilt, or shame. It is understandable for survivors to undergo post-traumatic reactions and even question their perception of reality after instances of psychological and sexual manipulation.

However, many states legally obligate clergy members to report suspected sex abuse and by failing to do so, they may be putting their congregation at risk. In any case, it is important for you to report the sex crimes committed against you, so you can at least help prevent others from experiencing what you went through.

When Should I Contact a Clergy Sex Abuse Lawyer?

If you have experienced clergy sex abuse, you should consider speaking with a licensed mental health professional in order to process the trauma. Once you are in a better frame of mind to be able to recount your experience, you may consult with a priest sex abuse lawyer to help you obtain financial compensation. While the amount of compensation secured in a successful case cannot change or minimize the impact of your trauma, it can allow you to access the care and support you need to begin healing.

Catholic Church Sex Abuse Settlements: Civil Justice for Survivors

According to the non-profit organization Bishop Accountability, the U.S. Catholic Church has paid over $3 billion in compensation to survivors of clergy sex abuse. Notable Catholic Church sex abuse settlements include:

  • California: In 2007, the Roman Catholic Archdiocese of Los Angeles agreed to pay $660 million, one of the largest settlements by the Catholic Church, to over 500 clergy sex abuse claimants. In this case, each survivor was awarded approximately $1.3 million in damages
  • New Jersey: In April 2022, the Diocese of Camden, New Jersey, agreed to pay $87.5 million to over 300 survivors of Catholic priest sex abuse. Each survivor received roughly $290,000 in the recovery of damages
  • New Mexico: The Archdiocese of Santa Fe agreed to pay over $121 million in settlements to over 300 New Mexico priest sex abuse survivors in May 2022

The statute of limitations, or the time you have to file a civil sex abuse lawsuit in state court, differs from state to state. However, President Biden recently enacted the Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022 to remove the statutory limitations on when one may file a federal civil lawsuit for child sexual abuse. The Act is not retroactive, and therefore does not apply in cases where the statute of limitations for filing a suit has already passed.

Resources for Sex Abuse Victims

  • RAINN: The Rape, Abuse, & Incest National Network (RAINN) is the country’s largest anti-sexual violence organization. It operates the National Sexual Assault Hotline and provides sex abuse survivors with various resources, such as an online chat hotline
  • SNAP: The Survivors Network of those Abused by Priests (SNAP) is the largest and oldest support group for survivors of clergy sex abuse
  • Darkness to Light: Darkness to Light is a child sexual abuse prevention organization that offers resources to both child survivors of sex abuse as well as their parents

Talk to a Compassionate Clergy Sex Abuse Lawyer

Survivors of clergy sex abuse have the right to pursue justice for the crimes committed against them. By filing a civil lawsuit against an abuser and a third party that may have facilitated the crime, like The Roman Catholic Church, survivors can seek compensation to help rebuild their lives after the trauma. If you or someone you know is a survivor of Catholic church sex abuse, contact a clergy sex abuse law firm today to set up a free legal consultation.

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How to Find a Criminal Defense Attorney in Gainesville GA

Getting a criminal defense attorney in Gainesville GA is important if you have been accused of a crime. There are several things you should consider before hiring an attorney, including cost, experience, and availability. You can find a highly experienced Gainesville criminal defense attorney in our directory or through the Law Offices of Matthew C. Hines.

Getting a criminal defense attorney in Gainesville

Hiring a criminal defense attorney is a crucial step if you’re facing criminal charges. Despite the fact that the law requires that you have an attorney, the process of going to court can be frightening. Thankfully, Georgia has a number of top-notch attorneys who will help you fight your charges. A good Gainesville criminal defense attorney will know the law and your rights, and they won’t back down when the police or prosecutors violate your rights. In addition, they won’t pressure you into a plea deal if you don’t want to. They should also have a proven track record of success, including numerous trial victories in Georgia.

Criminal charges have serious consequences, and while some people don’t take them seriously, they often choose to represent themselves in court. Even minor crimes can result in jail time, fines, and the inability to secure future employment, housing, or education. Therefore, it’s crucial to hire an experienced criminal defense attorney to help you. You can find a highly experienced Gainesville criminal defense attorney at the Law Offices of Matthew C. Hines.

Cost of hiring a criminal defense attorney in Gainesville

If you are charged with a crime in Gainesville, GA, you need to find a competent criminal defense attorney. An experienced Gainesville attorney will be familiar with Gainesville laws and will not back down from your rights. He will also be able to defend you from prosecutors and police officers who may try to intimidate you into a plea bargain.

The cost of hiring a criminal defense attorney in Gainville GA depends on the type of charge that you are facing. A typical misdemeanor charge can range from $1,500 to $3,500. If you are facing a felony charge, the fee could be as high as $10,000 or more. You should also factor in the trial fees, which may cost up to $20,000 or more.

You should not hire a criminal defense attorney based on a personal relationship or a friend’s recommendation. It’s best to research a lawyer’s experience and expertise. If you are charged with a violent crime, you may want to hire an attorney with experience in your specific case.

Common mistakes to avoid making in hiring a criminal defense attorney in Gainesville

It’s crucial to choose a criminal defense attorney based on their qualifications, skills, and reputation. It’s also important to avoid lawyers who guarantee a particular outcome. These claims are misleading and irresponsible. A good criminal defense attorney will carefully analyze the specific circumstances of your case, identifying its strengths and weaknesses. This will help you get a better idea of how the case will proceed.

You should also choose a lawyer who is experienced and knowledgeable about Gainesville criminal law. Experienced lawyers know how to navigate the court system and will not back down if prosecutors or police violate your rights. They also won’t pressure you into a plea bargain. Furthermore, a good criminal defense attorney will have a proven track record of success and have won many trials in Georgia.

One of the most common mistakes is hiring a lawyer who doesn’t specialize in criminal law. Criminal laws are always evolving and you need a criminal defense attorney in Gainesville who stays up to date on new legal strategies. It’s also best to avoid attorneys who practice bankruptcy and personal injury.

Finding a criminal defense attorney in Gainesville

If you are charged with a crime, you should consider finding a criminal defense attorney in Gainesville. A good attorney will know the local laws and will not back down when prosecutors and police break your rights. In addition, they will not pressure you into accepting a plea bargain. Finally, they should have a good track record, with many successful trial victories in Georgia.

A good place to start your search for a lawyer is the LII Lawyer Directory, which features profiles of more than one million attorneys throughout the United States. There are also profiles of legal aid organizations, pro bono attorneys, and legal service organizations. By looking at the profiles of these organizations, you’ll be able to determine whether the firm you’re interested in represents clients who are in need of legal representation.

You can start by comparing the background of the attorneys in Gainesville. The city of Gainesville is home to nearly 39,000 people. The city is known as the “Poultry Capital of the World,” as many people are employed in the poultry industry. Despite its small size, it has a higher crime rate than many other U.S. cities. In fact, many of the attorneys in Gainesville work with clients charged with crimes that include murder, assault, drug possession, and theft.

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What is Securities Fraud?

Otherwise known as stock or investment fraud, securities fraud is a serious white-collar crime that takes many forms and involves misrepresenting the information that investors use to make investment decisions. Whistleblowers who report undisclosed information to the U.S. Securities and Exchange Commission (SEC) regarding securities fraud are granted protection from employer retaliation and may receive a portion of any financial recovery made by the SEC. If you have inside information regarding violations of federal securities laws, it may be in your best interests to contact a securities fraud lawyer to speak in private about the evidence you have.

Defining Securities Fraud

Securities fraud refers to a broad range of illegal and unethical activity that involves investment markets and the misrepresentation of information that investors use to make decisions. Individuals committing securities fraud may provide false information, offer bad advice, withhold important information, and act on or offer inside information in order to manipulate investors and financial markets for their own benefit.

Securities fraud harms investors and the integrity of our country’s financial markets and economy. Securities fraud can be committed by groups or organizations like brokerages, as well as by individuals such as stockbrokers. Common examples of illegal activity in securities fraud lawsuits include:

  • Ponzi and pyramid schemes: A Ponzi scheme or pyramid scheme is a scam that generated money from new investors for previous investors. Characteristics of a Ponzi scheme include high returns and little risk, as well as consistent return flow regardless of market conditions.
  • Hedge fund fraud: Hedge fund fraud refers to any type of financial misconduct committed by or for a hedge fund. Types of hedge fund fraud scams include false guarantees of high returns, advanced fee schemes, embezzlement, and the operation of Ponzi schemes.
  • Advance fee schemes: In advanced fee schemes, investors are asked to pay an up-front fee. Scammers may describe it as a deposit, administrative fee, processing fee, underwriting fee, or tax. Be aware of any unsolicited investment offers, because it could be an advanced fee scheme.
  • Broker embezzlement: Broker embezzlement is a form of stock broker fraud and occurs when a broker obtains an investor’s assets legally and then uses the assets for unintended, unauthorized, undisclosed, or personal purposes. Types of broker embezzlement include outright theft, unauthorized trading, and excessive trading.
  • Late-day trading: Late-day trading refers to the illegal practice of recording trades that are made after the market closes as having happened before a mutual fund’s daily net asset value (NAV) calculation. Late-day trading is an illegal practice that is most often performed by hedge funds but differs from after-hours trading.
  • Foreign currency fraud: Foreign currency scams, also known as forex scams, occur when scammers seek to defraud traders by promising high returns by trading in the foreign exchange market. Signs of a foreign currency scam include promises of unrealistically high returns, unnecessarily complex jargon, and pushy brokers.

Securities Fraud Warning Signs

Securities fraud can be hard to detect without access to inside information, so the SEC counts on whistleblowers to help stop fraud that hurts investors. Because securities fraud takes many forms, the warning signs may differ between different types of scams. Common warning signs that an individual or organization may be involved in securities fraud include:

  • Unsolicited investment offers: Unsolicited investment offers or sales pitches, including cold calls, emails, or in-person offers, are frequently seen in fraudulent investment schemes. Unsolicited investment offers can come from strangers or someone you know, such as a coworker or friend.
  • Seller inquires about personal information: Salespeople or stockbrokers who request personal information, including bank account information, are often a sign of an investment fraud scheme. Additionally, never send a check by mail to an alleged stockbroker or salesperson.
  • High-pressure sales tactics: Fraudulent investment schemes often employ pushy salespeople and use high-pressure sales tactics to manipulate investors into making quick decisions. Legitimate stockbrokers understand that clients need time to think over investments prior to making a decision.
  • Offers that sound too good to be true: Promises of high rates of returns and quick profits are among the most common signs of a securities fraud scam. In general, investments that offer high returns are inherently high risk. Most of the time, when promises are made about investments. it is likely to be too good to be true and should be regarded as a red flag.

The SEC Whistleblower Program

After the 2008 financial crisis, the Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted to help protect consumers from predatory financial practices. Referred to as the Dodd-Frank Act, this bill established the SEC Office of the Whistleblower, which offers whistleblowers who provide valuable information regarding securities fraud a portion of any financial recovery. The SEC whistleblower program also offers protections against employer retaliation and allows whistleblowers to remain anonymous when filing a securities fraud claim.

The SEC encourages potential whistleblowers to report instances of security fraud that have already happened, are currently happening, or which are going to happen. When a whistleblower reports information regarding securities fraud that leads to the government making a financial recovery, the whistleblower is entitled to a reward of between 10 and 30 percent of the total amount recovered.

Remain Anonymous when Reporting Security Fraud

Potential whistleblowers are often apprehensive about reporting illegal activity like securities fraud for fear of employer retaliation. Unlike other government programs that reward whistleblowers for their information, the SEC allows securities fraud whistleblowers to submit a claim anonymously if they have retained an attorney.

Additionally, the Dodd-Frank Act protects whistleblowers from employer retaliation. The SEC states that employers cannot fire, demote, suspend, harass, or discriminate against an employee in any way for taking whistleblower actions.

Learn More about Securities Fraud from a Lawyer

SEC whistleblowers who provide valuable information regarding violations of securities law could receive a significant whistleblower reward if the information they provide leads to a successful financial recovery. Multiple securities fraud whistleblowers have been rewarded with SEC whistleblower awards of over $100 million.

If you are considering becoming a securities fraud whistleblower, an SEC whistleblower attorney can guide you through the legal process and assist you by helping you draft and file an anonymous claim, communicate with SEC lawyers on your behalf, and help you file for an SEC whistleblower reward for your bravery and contributions.

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What Constitutes a Legal Arrest in the US?

There is an arrest in the US every three seconds. The most common reasons are impaired driving, traffic offenses, petty theft, financial fraud or drug abuse. There were more than 7.63 million arrests for all offenses in 2020 alone. But the justice system has been repeatedly disapproved by Americans since they believe it is fundamentally rotten to the core. There are cases of overcriminalization with near-zero accountability for police.

For instance, natives of a liberal democracy can protest peacefully. The US Supreme Court only allows the government to stop demonstrations that present a danger. Yet forces have been used against the passive protestors, time and again, in the form of tear gas or canisters to disperse them. Also, none can be arrested and murdered as in the case of George Perry Floyd in 2020 where he was only ‘claimed’ to be awfully drunk and not in control of himself. He was wrongfully treated by the Minneapolis police which led to his death.

Responsible citizens now actively demand answers for unlawful invasions. This is especially vital for communities of color to avoid feeling confused and disoriented. Good knowledge of the local customs and legal system can help them stay better informed. Here’s a look.

What is Legal Arrest?

The estimated rate of arrest in the US in 2019 was 3,011 per 100,000 inhabitants. These are generally made with an arrest warrant that can deprive the suspected person of freedom of movement. A warrant is issued by the judge to take a perpetrator into custody. Reasonable belief of the police officer in the suspect’s guilt based on facts can be the foundation of the probable cause of arrest.

Exceptions to a Legal Arrest
A warrantless arrest can be legitimate in situations where the police believe that the person has either committed the crime or to prevent escape or preserve the evidence. Yet there are a few things that are ‘legally’ required for police to put on the handcuffs and conduct criminal proceedings in your name.

  • The officer must have observed the crime personally. They will then have the right to arrest the individual right there.
  • A strong suspicion that a crime is about to be committed or attempted without immediate evidence.

No one can be arrested if police approached in public and ask if the person will answer a few questions. For example, if a person is stopped on the road and asked if they saw the robbery that took place a few minutes back, no arrest is taking place here. They either choose to answer or leave in silence.

What To Do After a Legal Arrest?

Being arrested can be traumatizing. The key to getting through is to stay calm, protect your rights by refusing to discuss anything without a lawyer and follow other instructions of the police. Treat them with respect and hopefully expect the same. You can be booked and asked to cooperate for fingerprints, photographs and basic information. Check and sign on an inventory stating a list of belongings you had at the time of arrest and nothing more. As trials begin, charges against you can be dropped or changed after gathering more proof.

Once arrested, the arrestee is not free to move. Else it can involve the physical application of pressure and submission to the officer. Knowing these basics beforehand can help you save embarrassment and harassment. You can also come out of the criminal justice system in the form of ‘release’ without getting incriminated if you are truly innocent.

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When Should I Hire a Criminal Defense Attorney Fort Worth, TX?

Getting in trouble with the police may be terrifying, especially if you face severe accusations like drug possession. While you may be concerned about jail time and the grave repercussions of your acts, you should also consider hiring a defense attorney, mainly if any of the following occur.

You’ve Been Arrested

If you have been arrested or are being investigated for a felony such as a DUI, it is important that you speak with an aggravated assault lawyer right away.

It is possible to face serious consequences if you are convicted of this offense, including jail time, the loss of your driving privileges, and fines. It is possible that even if you are advised that legal involvement isn’t necessary for the early stages, it may be. If you’re facing federal or state criminal charges, your lawyer can help defend your constitutional rights.

Want An Expert Witness?

An expert witness is a specialist in a particular field who might throw doubt on your guilt or innocence. Consider hiring a lawyer who can locate expert witnesses for your case to get the best potential outcome. It’s worth mentioning that many DUI cases include an expert witness to substantiate the allegations against you, so it’s not a bad idea to do the same for yourself.

You’re Being Tried In Court

Depending on your accusations, you may find it beneficial to have a lawyer defend you throughout your criminal trial. For example, if you’re charged with a sex crime, you may engage a sex crime lawyer or a DVPO lawyer for a breach. They can utilize their knowledge of the legal system to achieve the best possible outcome, including a reduced sentence or the charges being withdrawn.

Something Doesn’t Add Up

Criminal defense lawyers may be needed if they consider that anything is unjust enough to warrant filing a motion. Your attorney can file a petition to suppress evidence if the sole evidence linking your name to a crime was collected by force alone. As evidence suppression in major crimes often includes cross-examining the arresting police officer, this isn’t something you can generally handle on your own.

Even if you’ve been convicted of anything in the past, you still deserve to be treated fairly. You may be eligible to have a past conviction dismissed to receive less penalty. Again, an expert attorney’s assistance may be required in this situation.

You’re Stuck, And You Don’t Know What to Do

If you’ve never been in trouble with the police before, it’s only normal that you’re nervous, terrified, and unclear of what to do. The police may persuade you that you do not need a lawyer, but they may also get you to make statements that could be used as evidence against you. The sooner you speak with an attorney, the higher your chances of getting the desired result. The knowledge they can give you will help you figure out the best course of action.

The best time to seek a criminal defense attorney is as soon as possible. The sooner you contact a lawyer, the faster you will be supported and led through the somewhat intimidating legal system.

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.