Category: Business Legal

Business Legal

Should Children Be Tried As Adults?

I am definitely not opposed to children being tried as adults. I believe that kids are a lot more aware than they act at times, and they know when they are doing something wrong. That being said, I do take into consideration the background, intelligence, emotional intelligence, and influence in a childs life. As a result, I feel that children being tried as adults should be based on a case by case decision.

Imagine a kid who witnessed horrible acts of violence at the age of five, ended up committing a horrible act of violence at the age of ten. I think it would only make sense to sit down and analyze that situation. Despite the fact that horrible things might have happened to a person as a child, by a certain age, most people understand that their past does not have to dictate their future. Even if they are not fully healed by a particular situation, they are aware that getting themselves involved in the same situation or something similar, is not the direction that they should be going. I dont necessarily think that a ten-year-old has the ability to fully understand what he witnessed or the affects that a horrible incident had on him when he was five. If he commits a terrible act in response to that incident, I do not feel as though he should be tried as an adult.

That being said, the situation mentioned above is not the case for all children. Some kids grow up in wonderful homes, endure no turmoil but they commit heinous crimes. I feel that in those situations, they should probably be tried as adults. Kids may not understand the full effect of their actions, but most of them do know right from wrong. I am pretty positive that they understand that killing is a bad thing to do. Some kids are very spoiled and entitled, and will do things because they think that they deserve a better outcome than they were given. I feel as though those kids should be tried as adults. Of course, one must look into any mental illnesses and mental deficiencies that may lie within the child as well.

What are your thoughts on children being tried as adults? Do you think that they should be? If your child or a child of a friend or relative has been arrested and is currently in jail, they might need professional help from a bail bondsman. If this is the case, you can easily find one close to you on Yelp or by performing a Google search.

Business Legal

Different Types Of Business Disputes

Business disputes are an unfortunate reality for any business owner. Eventually there will come a time when a dispute will occur that needs to be handled through legal channels. If a business dispute arises or litigation is pursued then a business will need to hire a lawyer for legal representation. Here are some of the most common causes for business disputes.

Businesses that work with contractors can often find that disputes form. These disputes with contractors are commonly surrounding payment and disagreements surrounding contract length and specific arrangements. Similarly, businesses that work with suppliers run the risk of business disputes forming around not receiving products. Common business disputes with suppliers surround not receiving the products or stock that was expected.

If a customer does not feel that the service or product provided was the expected standard then disputes can arise. Businesses that provide products to customers have a warranty system provided to customers, but if this warranty is breached or there is harm caused to a customer from a faulty item then a dispute will occur. All businesses also hire and fire employees and this is the area that often leads to business disputes. This is a tricky are with federal law stating strict rules regarding harassment and discrimination in the workplace.

With so many different business disputes being able to be filed, there is good reason that many business have an attorney on file to assist. When a business dispute does arise there are often two ways that the dispute can be resolved. Both involve hiring an attorney. The first option is mediation out of court, and the second option is the case going to court.

Mediation is the most favorable route for a business dispute to take in order to resolve the dispute. Mediation means that the case does not go to court and become expensive and very public. mediation allows for all parties to come together to negotiate on an outcome that is favorable to all. This is the best outcome for businesses with long term relationships with suppliers or contractors for example.

If a business dispute can not be resolved out of court through mediation and negotiation then the case will go to court. This option is costly, time consuming and stressful and is the last resort for a business dispute. The case will be heard in the civil court. The courts will then formally hear all of the evidence and pass a judgement awarding compensation to one of the parties.

Business Legal

Are Search Warrants Always Required?

You have a right to privacy, and a right to not be arrested without probable cause, or to have your home, hotel room or place of business searched without your knowledge or consent.

This right is protected by law, and there are provisions in place to allow the police to conduct searches with a warrant, if they have a reason to believe it is necessary. If the police were to enter your property without a warrant, and were not able to show that they had a reasonable and sound reason for doing so, then any evidence that they were to find in such a search would not be admissible in court.

For the most part, the police follow the rules well, but there are cases when they make mistakes, and if you are the victim of one of those mistakes then it can be stressful and traumatic. You have the right to challenge an arrest or a search if you feel that it was performed incorrectly or that the procedures that are in place to protect your privacy were not followed.

It is a myth that search warrants are always required. It’s fair to say that they are usually necessary, but if there is a genuine threat to public safety and the police can show that they had a good reason to believe that they had to act immediately, then they may be able to make the case that they had a reason to enter your property without a warrant. The burden of proof for this is set quite high, though, so in general the police would not enter someone’s home or place of business without following the correct procedures.

If you feel that you have been treated unfairly by the police, then you should be careful what you say when you are arrested or questioned. Ask to talk to a lawyer, and explain to the lawyer that you are unsure about the legal position regarding warrants. The law is complicated, and you should not attempt to resolve these issues yourself. This is one area where expert legal advice is essential to avoid misunderstandings and complications. Find some expert search warrant solicitor firms, like this one:

http://search-warrants.com

If you cannot afford to pay for your own lawyer, you may be able to get one appointed for you or get legal aid, and they will still work to represent you as well as possible to ensure justice is done.

How Barristers Effectively Prepare Cases

Unfortunately, ‘winging it’ is not an option when representing a client as a civil or criminal barrister. While your favourite barrister on your favourite legal television show may ‘wing it’ regularly, this is not recommended as a defence strategy in reality. If you read news articles about successful barristers, you will note their many years of education and extensive history working in the legal profession – read this article about Michael Wolkind QC for an example. It is common knowledge that a barrister, in reality, needs to be adequately prepared if they are to have any chance of success. The most preparation you see in legal dramas is the lawyer organising files and reading them at the desk. This article will provide information on the method to follow to effectively prepare criminal or civil court cases.

The first point to remember when preparing to represent a case in court is that there are no short cuts to successful preparation. As a new barrister, you may think there are short routes to a satisfactory conclusion; however, the more experienced advocates will agree that success is only a result of hard work. Of course, the more experience you gain and the more time you spend in the legal field, the easier you will find it to carry out preparation and read papers.

Contrary to popular belief, organisation and reading of court papers are not the only forms of preparation to be completed. While the first thing to do when receiving a brief is reading the document, it is important to examine the individuals involved with the case and their position in the situation as well. This is the reason why barristers need to be skilled at reading personalities, emotions, and individuals in the court.

Picturing the scene is vital as this will assist in understanding the case effectively. The first factor to take into account is the ‘dramatis personae’. The ‘dramatis personae’ involves the setting of the people involved in the case and their activities. It is also recommended that one considers the chronology of the case examining the order in which events took place. All this information should be included in the documentation. By the end of perusal, it is essential that all the data is formed in your head and you can note which are significant to the case.

One of the most significant features of any trial preparation is the development of a case theory. The case theory is one that will explain the client’s version of events and place it in accordance with the facts. The more persuasive the theory is, the higher the chance of case success. It is important to consider all pros and cons of the theory before using the theory in court. Nothing is less persuasive than a flawed theory.

How To Get Qualified As A Criminal Barrister

Criminal barristers have an interesting, challenging and rewarding job. They advise and represent people who are being faced with criminal charges and they spend a lot of time in the courtroom compared to people who are working as barristers in other specialisations. Criminal barristers usually work as part of a chambers, but some are self-employed. Legal directories such as the Legal 500 list particularly noteworthy barristers, like Michael Wolkind QC: http://www.legal500.com/firms/9410/offices/9410/lawyers/45489

Anyone can become a criminal barrister. The career is open to people who have a degree in any subject, but someone without a law degree would have to do a law conversion course before they started their professional training.

The first thing that someone would need would be either a law degree, or, if their undergraduate degree was in another subject then they would need to get the Graduate Diploma in Law (which is also known as the Common Professional Exam). Because Bar courses are so competitive, in most cases a 2:1 degree is a requirement.

After the academic qualifications, the student will need to complete the Bar Professional Training Course. This takes a year if it is done full time, but it can be spread over two years as a part time course. The final stage of qualification is a year of practice, or pupillage, which sees the trainee work under the supervision of an already qualified barrister.

There are many institutions which offer the Graduate Diploma in Law. This course covers legal methods and research skills, and offers students the opportunity to focus on a specialist legal topic. The Bar Professional Training Course is an intensive course. There are some scholarships available from Gray’s Inn, Lincoln’s Inn, the Middle Temple and Inner Temple but these scholarships are highly competitive.

The pupillage is paid, but the rates of pay are fairly low, with the minimum required salary being just £12,000 per year. The pupillage is divided into two six months periods, with the first six months being non-practicing while the student learns and observes the experienced barrister. Students are advised to apply for a pupillage before they begin their BPTC, and they are allowed to apply to up to 12 organisations. After the application window ends, interview offers are sent out, and final offers will be made a few months later. Competition for pupillage placements is fierce, and there are usually three applicants per place, so it is a good idea to apply during the first round, and to spend a lot of time honing the application to highlight both academic ability and personal strengths.

Business Legal

Hiring Criminal Appeal Defence Barristers.

Doing Your Best To Hire Appeal Defence Barristers

In order to give yourself the opportunity to win your appeal, there are a variety of steps that you will need to take. With this in mind, there are plenty of appeal defence barristers who are able to assist you. These defense professionals are great at what they do and will be in a great position to assist you with any sort of work that you need or case that you are up against. The appeal process is critical, so you need to follow these tips below and provide yourself the opportunity to win your appeal.

#1: Handle Your Research

With an appeal on your plate, you need to give yourself the opportunity to inform yourself on the type of case you have. This level of research will put you in a great position to understand what you are facing and will make sure that you also hire the best barrister for the job. One of the best ways to get a great handle on your case is to seek a consultation with one of the best appeal defence barristers that you are choosing to do business with.

#2: Know The Repercussions That You May Be Facing

Any time that you are looking to win an appeal, you should also understand the particular repercussions that will be on the table if you happen to lose the case. These repercussions will put you in a great position to do everything that you can to hire the best lawyer for the job. By reaching out to the help of defense barristers, you are able to learn more about the potential setbacks in place, so that you can navigate them to the best of your ability.

#3: Shop For A Great Rate

Though appeal defence barristers will undoubtedly cost you a good bit of money, you must also understand that there are a variety of rates available to you. With this in mind, you should touch base with a lawyer who can provide you with an estimate on the representation that you need. This way, you can also shop around with different law firms that will make sure that you can pay a price that you are best able to afford.

So factor in these tips and use them in order to make sure that you get the best appeal defence possible.

Business Legal

How A Criminal Qc Can Impact Your Reputation

f you have been arrested and charged with an offence you need to call an experienced legal professional. The best legal professional that can represent you is the Queen’s Counsel (QC). The QC will help you make bail, prepare a strong defence strategy, and argue your case in court.

When you are on trial for a crime, you should remember that proving your innocence is only half the battle. The other part involves protecting your reputation and proving your innocence in the court of public opinion.

Devastating Effects Of Facing Criminal Charges

For well-known people such as business people, politicians, and celebrities, criminal charges can be quite devastating. Regardless of guilt or innocence, criminal allegations can destroy your reputation completely. Obviously, a conviction will do much more damage. Criminal offenders are regularly viewed with stigma by all from landlords to employers.

However, if rumours about criminal charges you are facing become available to the members of the public, condemnation and trial by public opinion will commence before the criminal trial concludes. The rumours can hurt your reputation and cause those that know you to start questioning themselves. If you own a business, the erosion of trust can move beyond your personal life and start impacting your business relationships, professional life, and the ability to earn a living.

How a Criminal QC Can Protect Your Reputation

The QC formulates a good case then argues it in front of a court. The aim is first of all to get the charges dropped or have them proven false so that you can get back to your regular life without the cloud of a sentence or criminal conviction weighing down on you.

Respected QCs will always do everything possible to preserve and protect your reputation. They will have strong faith in the notion that everyone is innocent until proven guilty. They believe that every person has a right to have his or her day in court and nobody’s name should be tarnished based solely on allegations.

With this belief in mind, QCs will wherever appropriate seek suppression orders from the court with an aim to reduce exposure and press coverage of the case proceedings. They aim to protect your professional image, reputation, and community stranding so that once your name is cleared, you wont have to face unfair consequences for a crime that you never committed.

If you have been charged recently with a crime or believe that you may face criminal charges soon contact a criminal QC today for legal counsel and services.

Business Legal