The Federal government
also has laws, and breaking these laws is considered a federal crime. The DEA, ATF, Customs and/or the FBI can investigate these crimes. Crimes that can be considered Federal are interstate and drug trafficking, weapons, homicide, robbery/theft, organized crime and crimes against children (child abduction, and domestic and international parental kidnappings).
- A criminal appeal is not a re-trial of the case and the process can take some time. In a criminal case once the defendant is found guilty of a crime at the trial level he or she has the right to appeal. To appeal the findings of the judge or jury, the defendant must generally file a written notice of appeal within thirty days of the decision.
The written notice of appeal should be filed with the clerk of the appellate court in the jurisdiction where the conviction was entered. The defendant or his or her attorney should then review the record of proceedings, which includes a transcript of the hearing and all evidence entered at the trial.
attorneys, judges and juries make mistakes, so that is where
the Appeals process comes into challenge a conviction in a
higher court. Lisa Mullen has done both federal and state
appeals or writs. She has dealt with all manners of appeals
in areas such as crimes against children, sexual assault,
theft, manslaughter, murder, drug possession, domestic violence,
Writ of Habeas Corpus is used as a last resort; it is limited to raising violations of a person’s constitutional rights. Usually the complaints are non-performance of trial or appellate counsel, violations of due process, or allegations of serious police or prosecutor misconduct.
Offenses – A felony crime is more serious than a misdemeanor, but the same offense could be considered either a misdemeanor or a felony depending on the degree of the offense. Felony crimes are serious offenses punishable by a heavy sentence. Crimes that are commonly considered to be felonies include grand theft, burglary, robbery, kidnapping, assault, sexual assault, possession and/or delivery of a controlled substance, and capital murder.
– Misdemeanor crimes are less serious crimes than felony
offenses and are handled in the county court system. Crimes
that are commonly considered to be misdemeanors include assault,
prostitution, drunk driving, public intoxication and theft/burglary.
However, a first offense misdemeanor crime can become a felony
after repeated offenses.
Juvenile Law – Instead of being charged with a specific crime, juveniles are usually charged with being a delinquent or engaging in delinquent behavior. The objective of the juvenile court system is to rehabilitate the juvenile.
Expungement/Seal Record – When a person wants to expunge their record they can petition the court in which the case was handled. Expungement means that all records associated with case are destroyed, including the arrest. Cases that may be expunged are as follows: case is dismissed and/or No Billed (if a felony case there is a statute of limitations), Exonerated (found not guilty), and Class "C" misdemeanors.
Sealing your records often refers to convictions that
occur when a person is a juvenile or has successfully completed
a deferred probabtion. This means that you can have the records
sealed from public inspection. It will not show as a public
record. The procedure is similar to the expungement process.
A motion is presented to the juvenile court to have all arrests,
charges and convictions permanently sealed from inspection.
Bail Bonds –
When a person has been arrested they must find out whether
a bond amount has been set for their release. In most counties,
bond amounts are preset in accordance with the various crimes.
Judges do have the power to change the bond amount in individual
cases. Once the amount is known they need to make the bond
to get out of jail. The Mullen Law Office provides 24-hour
bail bonds service. more....
3149 Lackland Road #102
Fort Worth, Texas 76116
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