Monthly Archives: December 2017

Criminal Defense Lawyer’s Advice: What Is Date Rape And How Can It Be Prevented?

When folks imagine rape, they might think of a stranger jumping from a shadowy spot and sexually attacking a person. But it’s not just strangers that rape. Actually, about 50 % of those who are raped know the individual who assaulted them. Girls and women are most often raped, but guys also can be raped. Most friendships, acquaintances, and dates never lead to violence, of course. But, regrettably, it sometimes takes place. When forced intercourse happens among two people who know one another, it’s called date rape or acquaintance rape.

Understanding date rape as a social issue is very difficult because of conceptual differences about even what comprises “rape”. It both reflects and is mirrored by political and sociological differences in ways of viewing gender roles, personal obligation, and social norms. Debates on this subject often reflect polarized opinions where the points of argument are considered as “radical feminism” or “misogynistic”. Similarly, institutional reactions, including efforts within the criminal justice system have been difficult to create. Universities and colleges, settings in which date rape is considered a common problem, have tried to develop policies and guidelines for avoidance and discipline which can be unwieldy and unenforceable.

This crime additionally occurs when one person forces another person to have sex. This criminal offense is a felony offense. The main difference between rape and date rape is that in cases of this particular rape, the victim consented to spend time with the assailant. Probably the target even went out together with the attacker a few times. Date rape remains to be rape. In recent years a new kind of rape hazard has reared its ugly head at functions, on campuses as well as in nightclubs – so named “predator” or “date rape” medications. Exactly what are these types of medicines? Technically speaking, any substance that makes you incapable of saying no or asserting yourself as well as your needs may be used to commit rape. This can contain things like alcoholic beverages, cannabis or other street drugs, designer or club drugs like ecstasy, over-the-counter sleeping pills and antihistamines, even cold medications.

These crimes are destructive. Not only is this type of violence a breach in itself but the target has been hurt by someone she earlier trusted. It’s a betrayal that makes victims have to learn to trust people all over again. This is not an easily achieved task.

If you have been date raped, follow these steps: Do not wash or douche. You don’t want to wash out any kind of proof which could be used against your assailant in court. Contact the authorities, especially a criminal defense lawyer and tell them what went down. If you’re afraid to contact the police, call up your neighborhood rape crisis center. Visit an emergency room. While there, you will be examined. A doctor will make a record of your injuries and treat you. Samples of any kind of fluid remaining inside the vagina or anus (particularly sperm) are going to be collected. Hair, pieces of clothes, or other items left by the attacker may also be used. These samples may be used to help identify and convict your attacker.

Assault Defense Lawyer

This professional represents a person who has been charged with assault, which could be felony or misdemeanor assaults. They also represent clients that are charged with battery. The combination of assault and battery will often have a penalty of jail time. The job of the assault defense lawyer is to keep their client out of jail or have the amount of time they would be given if they were found guilty reduced. The lawyer will often try to enter into a plea bargain agreement with the prosecutor if their client will have to pay a fine if found guilty.

What is assault?

Battery is physical contact with another person with the intent to harm them. Many times if a person commits battery, they are charged with assault. They can also be charged with assault even if there is no physical contact. To be classified as an assault using a deadly weapon is not necessary. If they do use a deadly weapon then it may be classified as a felony.

What an assault defense lawyer does

When the assault defense lawyer is defending their client it will be their job to show evidence that their client was not intent on causing harm. If the lawyer can prove the physical contact would have not been intentional but accidental they may be able to defend their client successfully. When handling assault cases they want to highlight the facts in a way to prove the client’s innocence. This is why many assault defense lawyers will often insist that the one accused contact them before speaking to any investigators or the police. The goal of the assault defense lawyer is to minimize the fact-findings that would be used against their client during the trail. Early in the process, the lawyer may be able to convince the prosecutor to dismiss the charges against their client.

Type of common assault case

Self-defense is in which a person is charged with assault when they have attempted to defend themselves from an attack. It is the job of the assault defense lawyer to show that their client was in fear of imminent bodily harm. One example is if a burglar would break into a home during the night and the homeowner hits the burglar with a baseball bat. In this situation, the lawyer can use self-defense as a legal defense. The assault defense lawyer will often be able to negotiate with the prosecutor in this case to avoid going to trail.

In conclusion

As with any branch of law an assault defense lawyer must have a bachelor’s degree and pass the bar exam in order to obtain their license to practice law. They can open their own practice or work for a law firm.

Criminal Defense Lawyer

criminal lawyer defense job is to teach, negotiate and litigate. Your lawyer will begin by explaining your legal arguments in a way you can understand. If you have been charged with a crime you need to understand the elements of the crime. You also need to know what evidence the prosecution has to support those elements.

Next your lawyer needs to be a great negotiator. Sometimes the prosecutor will offer a less serious charge when their is weak evidence. In some cases if the defendant has no criminal background the prosecutor may offer a lesser charge. A good criminal defense lawyer will negotiate on all elements until a case is resolved.

And last year your criminal defense lawyer needs needs to be a good litigator. During a jury trial, litigator skills are a must. There are many questions a defense lawyer has to ask a judge during the trial. Example: The lawyer has to ask the judge if something can be used for evidence. This process is called a Motion Hearing. This can be very critical to your case. Sometimes probable cause motion can get a case dismissed.

Criminal Defense Lawyers can specialize in:

DUI / DWI
Assault
Disorderly Conduct
Kidnapping
Domestic Violence
Bench Warrants
Arrest Warrants
Murder
Parole Violations
Hit and Run
Summonses
Bail Hearings
Administrative Hearings

Attorneys can also specialize in white collar criminal defense:

Attorneys provide representation for corporate clients against regulatory boards such as the SEC or Corporate crimes
Price-fixing
Racketeering
Bribery