Extradition Article: Procedures

Procedures of the UAE to allege a suspect of Extradition 1. If there is a convention between UAE and another country for extradition, this will seize priority to the UAE International Judicial Corporation Law, where neither of these applies, the National Criminal Law of the UAE will be enforced. Therefore, the procedures of extradition are … Continue reading “Extradition Article: Procedures”

Procedures of the UAE to allege a suspect of Extradition

1. If there is a convention between UAE and another country for extradition, this will seize priority to the UAE International Judicial Corporation Law, where neither of these applies, the National Criminal Law of the UAE will be enforced. Therefore, the procedures of extradition are applied through diplomatic processes.

2. The required documents you need to put to the expect in order to rep the suspect support to their country are, these must be submitted in Arabic and authenticated by the authorities;

a. The details of the suspect e.g. I.D, passport, features

b. The relevant law to be applied for the crime committed by the suspect

c. Where the suspect already has investigations against him for the crime, a copy of the investigations and the crime should be submitted e.g. where the crime happened, what the crime consisted of, how the crime was committed

d. where there is already a judgment against the suspect details of all the suspect’s convictions must be submitted

Procedures the Public Prosecution of the UAE will consume where the suspect is required urgently:

Where the suspect is required urgently, the UAE can temporarily support the suspect in custody.

The conditions that apply are:

1. The nature of the crime. The crime must be serious, it can be a felony or misdemeanor as both punishments are charged by a sentence of imprisonment. The seriousness of the crime is based on the discretion of the Public Prosecution.

2. The duration of custody. The period of custody is 15 days however, this can be renewed. Moreover, Under the General Convention a suspect can be kept in custody for 40 days altogether. Nevertheless, where there is a personal convention between two countries the custody period could be up to 60 days altogether. It should be celebrated that only the head of Public Prosecution or the Prosecutor delegated by him can authorize the extension of the custody period.

Releasing of the suspect

The releasing of the suspect usually takes location where;

1. Investigations have been carried out, the custody period ends and the requesting country fails to ask for the suspect succor.

2. The suspect requests to be released from custody. The Public Prosecutor under his discretionary power can determine that the crime committed is not that severe, in this spot the Public Prosecutor can settle to release the suspect provided the suspect produces either a;

a. A security deposit (this can be a positive amount of money or an asset owned by the suspect)

b. Personal Guarantee (this is usually given by someone who provides a guarantee on behalf of the suspect)

Where the UAE has a suspect in custody and informs the requesting country that they have the suspect, the UAE can tell the requesting country to provide a proposal as soon as possible to net the accused serve. If the requesting country does not provide this, they will release the suspect, provided he offers a security deposit, personal guarantee or the custody period ends.

Re Arresting

Where a suspect is released and the proposal is issued by the requesting party after release for example; due to a delay in the demand caused by the UAE authorities, the Public Prosecution can boom the suspect to return for investigations or the suspect can be directly arrested. Moreover, the map in which the suspect is released does not matter e.g. by security deposit, personal guarantee etc.

During the investigations the suspect should be made aware of the crime he is alleged to have committed, the law that is going to be applied for the crime, the suspect should be provided with a lawyer, and should have a accurate to defend himself against the crime he is being accused of.

The investigations are commonly carried out by the head of Public Prosecution however, he can delegate the duty to a Public Prosecutor of any ranking to carry out the valuable investigations to resolve whether to release the suspect or maintain him under custody. Nevertheless, the Public Prosecutor does not have the authority to transfer the suspect to the other courts, such authority is only given to the head of Public Prosecution.

fair :: Is a criminal recount holding you encourage?

The generation we live in shows us through movies and books that regardless of what you have done snide, you will have the possibility to remake yourself. It shows you how the past does not elaborate your future. However is this truly the case in the steady world? Is it that simple to unbiased commence novel with a criminal describe?

Throughout the years is has become more difficult to inaugurate recent and reinvent yourself for many individuals who have a criminal narrate. As of today there is approximately 9 percent of the US population who have felony convictions. Technology nowadays is made it extremely simple and less expensive for any employer or individual to access these records. It has become nearly impossible for someone to have a unique inaugurate.

This can be extremely overwhelming for the individual who is trying to begin over and turn his or her life around. For many of the individuals who have been arrested and charged with a crime the most serious repercussion is the report that is created that follows you.

A criminal picture is considered by most to be the main focus of your public identity.

Regardless if you have been to jail for a day for minor offenses, or were never convicted, a criminal picture will follow you after your release from prison. Because a criminal recount is so easily accessible to the public, it makes it easier for you to be disqualified for public assist programs, higher education, housing, and employment opportunities. The worst thing a criminal narrate can do to you is leave you with dinky to no options for employment which leaves you just serve to the state you are trying to leave unhurried. A criminal picture can also influence a persons ability to get sure professional licenses that are obligatory in a various amount of fields.

Even though it is right for an employer to hire someone with a criminal recount, the affordability and the ease to have the individual background checked is extremely enticing and many employers prescreen the applicants.

Regardless if you have a criminal narrate or not you are detached affected by it in one diagram or another. The more difficult we get it for an individual with a criminal recount to pick up a living, he higher you as a taxpayer are going to have to pay for the social services that these individuals rely on.

Divorce??? Become The Best Divorce Attorney By Choosing The Best Law School With Three Easy Tips

Now that you have successfully completed your under-grad course it is time to resolve what it is that you wish to pursue for your career. If you have decided that Divorce Law would be the factual field for you then that should suffice because as an addition to that, I am going to give you three simple tips for you to become the best divorce lawyer in town. Remember that divorce law is a competitive field and your choice would have to be competitive and you should be prepared to use sleepless nights to do a niche for yourself.

Here you will acquire three tips that will aid you decide the best law school for your better future.

Tip 1 – Reputation

When you are looking for the best law schools in town then you must peruse for the reputation of all these schools. Most of these law schools would have a cut-off percentage for your L-SAT scores. So be prepared for your examinations. Do not unbiased jump into any law school that offers you a seat. eye for the one that has a strong reputation. Remember when you are out there to be employed, the school that you graduated from also makes a gigantic disagreement. You would be potentially employable if your resume stated the name of an impressive law school that anybody would view up to.

Tip 2 – Focus

Each law school would have a original focus. So it is mandatory for you to gaze for one that offers what you are looking for or inspect for a law school that has a plethora of focuses. If you want to go into teaching law, then you will have to join a school that helps you specialize in similar fields. As you would know, law has a very long arm and this arm has a lot of branches too; criminal law, property law, corporate law, divorce law are some of the branches that I can mediate of for you now. So if you wish to become a divorce attorney, then obtain it a point to work hard and collect into a school that offers more in this dwelling.

Tip 3 – Affiliation

To become an Austin divorce lawyer, you will have to have a lot of hands on experience in the court of law. While choosing a law school that would offer specialization in divorce law, always ensure that this particular law school has very expedient affiliation with law firms that specialize in divorce law. As and when you have practical classes with such firms, perform it a point to be demonstrate and net a suited working knowledge on how the court-room sessions work and learn the court room style of the best attorneys possible.

Remember that it is not objective the law school that would benefit you become the best divorce attorney out there, but it is also left up to you. You will have to work extra hard to regain a seat in one of the reputed institutions and sustain your grades. design the best employ of the affiliate programs and learn to be more confident and valorous.

These three tips and a shrimp bit more from your kill will occupy you that extra mile to become the very best divorce attorney in town.Jane Cooper writes for divorce attorneys in Austin who practice Austin collaborative law divorce.

apt :: DWI / DUI Anatomy of a Trial

DWI DUI What Happens In A Criminal race For DWI/DUI Arrest by Sharon Beth Morris, Attorney at Law

The Anatomy of a Criminal Case and ARREST.

The person suspected of committing a criminal act is arrested.

If the target person is not immediately arrested, that doesn’t mean that he or she won’t be. It means that the police are continuing to investigate the incident and are trying to get sufficient evidence to arrest the target person.

RELEASE.

After arrest, the police can release a person O.R., on their enjoy recognizance, in which case bail does not have to be posted.

BAIL AMOUNT.

A misdemeanor DUI bail amount is $5,000. When setting bail, the assume must catch that all of the allegations against the person in custody are fair. However, bail amounts must be constitutionally reasonable.

ARGUING FOR AN O.R. RELEASE.

In urging the court to release our client O.R., we argue that our clients have strong ties to the community, that they have hired us to help them through the process, that they are not a flight risk and will appear at each and every court appearance state.

THE POLICE WRITE A characterize.

The police agency writes a narrate regarding the incident.

ATTEMPT TO PREVENT.

In the event that the target person is not immediately arrested, we can be hired at this point while the investigation is ongoing to try to attempt to prevent a criminal filing against him or her in criminal court.

THE POLICE SUBMIT THEIR REPORTS TO THE PROSECUTOR.

After the investigation into the site is complete to their satisfaction, the police agency submits their findings to the prosecutor who is in charge of deciding whether or not to file the case against our client in criminal court. The prosecutor must support in mind here the standard that applies to all criminal cases: CAN THEY note OUR CLIENT GUILTY BEYOND A REASONABLE DOUBT? EVEN ONE JUROR WHO DOES NOT pick up THAT THE REASONABLE DOUBT STANDARD HAS BEEN MET MEANS THAT OUR CLIENT IS NOT GUILTY and a hung jury is declared.

INFORMAL PROSECUTOR OFFICE HEARING.

There are cases where we are able to convince the prosecutor to fill an informal hearing in their offices instead of filing a criminal case against our client. After an informal discussion of the event, our client is most often released with no penalty.

ARRAIGNMENT.

This is the first court appearance in all criminal cases. The discovery, or the documents in the prosecutor’s possession that report to the case is turned over to us at this proceeding.

MISDEMEANORS.

Misdemeanors are “indecent grade” offenses, petty theft, DUI, driving on a suspended license and possession of less than an ounce of marijuana are examples.

PRETRIAL CONFERENCE.

The pretrial conference is status about a month after arraignment. At a pretrial conference, we conference, or discuss, the case with the prosecutor. We mumble to the prosecutor about the weaknesses in the prosecutor’s case to amplify the reasonable doubt standard that applies to all of our clients.

DISCOVERY.

After a review of the initial documentation that the prosecutor provides to us at your arraignment, we may derive that there are holes in their case that we need more information on. It is the prosecutor’s duty to provide any and all information that can abet our client.

There are also times when we observe information without the prosecutor’s assistance directly through the agency that we beget holds the documentation that we seek: for example, subpoenas to a casino for video surveillance tapes or to a hospital for medical records.

THE PROSECUTOR’S OFFER.

The offer is an offer to decide the case short of going to trial.

OUR COUNTER OFFER.

Perhaps honest after the prosecutor’s offer or, more likely, on a future pretrial conference court date, we manufacture a counter offer if appropriate. In a DUI case where the breath test results are .09, .10, and the prosecutor’s offer is to plead no contest to a standard DUI, we may effect a counter offer for a no contest plea to a reduction to a DUI charge.

HIGHER UPS.

If the prosecutor in court is unreasonably inflexible and we feel it appropriate, we will schedule an in person or a telephone meeting.

YOUR DECISION.

At the “kill of the road,” you have a decision to effect. WILL YOU determine THE CASE SHORT OF TRIAL THROUGH A PLEA BARGAIN OR WILL YOU GO TO TRIAL? We will guide you throughout this process.

FELONIES.

Felonies are “high grade” offenses. YOU MUST APPEAR IN COURT WITH US IF YOU ARE CHARGED WITH A FELONY. For example, in a voluntary manslaughter case, the possible place prison terms are 3, 6 and 11 years.

ENHANCEMENTS:

These are further allegations by the prosecutor that benefit to increase the period of custody time above and beyond the statutory rude, mid and high terms. Examples of enhancements are membership and acting in furtherance of a criminal street gang, having a prior prison term and causing stout bodily injury.

EARLY DISPOSITION CONFERENCE/ PRE-PRELIMINARY HEARING.

This appearance is similar to the misdemeanor pretrial conference. We bid to the prosecutor about the weaknesses in the prosecutor’s case, to amplify the reasonable doubt standard that applies to all of our clients. We deny to them about factors in mitigation, for example, a history of drug utilize, alcohol abuse, mental health issues, tough family situations, marital discord. We talk to the prosecutor about things that our client may have done after the triggering event, like attendance at a drug and alcohol rehabilitation center, AA, NA, CA and MA meetings, payment for any damages caused and the like.

THE PROBATION characterize.

In felony cases, our client, usually accompanied by us, attends a probationary interview with a plot probation officer. This interview includes the probation officer taking an in-depth apt inquiry which goes to the interrogate of whether or not our client is top-notch for probationary supervision. This is clearly the goal in felony cases. Most often, our client does not discuss the facts of the case with the probation officer. When we go to court after our probation interview and buy up the steady written probation picture, we want to examine that the probation officer whom we met with RECOMMENDS PROBATION and not site prison.

THE PROSECUTOR’S OFFER.

The prosecutor makes an offer to resolve the case. This is typically the best offer that is extended by the prosecutor in a felony case before preliminary hearing (discussed below) .

OUR COUNTER OFFER.

Many times in felony cases, our counter offer will include a interrogate to cleave the charge from a felony to a misdemeanor. If the prosecutor is situation on a prison offer, we may construct a counter offer for a ninety day diagnostic explore so that we can have another opportunity at a probation recommendation.

HIGHER UPS.

Again, if we feel it important and appropriate, we meet with a higher up prosecutor to seek if we can pick up a better offer extended.

PRELIMINARY HEARING.

In situations where circumstances prevent resolving the matter early, we travel to preliminary hearing. Preliminary hearing is a long proceeding wherein the prosecutor calls witnesses to testify in court about the event. AT THIS PROCEEDING, THE real COMPLAINING WITNESSES DO NOT NEED TO APPEAR TO TESTIFY. Under Proposition 115, the prosecutor only needs to call the police officers who investigated the event to testify. However, at the sincere trial, the complaining witnesses themselves need to reach into court and testify.

THE JUDGE’S DECISION.

At the ruin of the preliminary hearing, the believe makes a determination as to whether or not there is enough evidence to own our client to retort to any or all of the charges against him or her. The standard of proof at a preliminary hearing is not beyond a reasonable doubt. The prosecutor must demonstrate instead that there is a STRONG SUSPICION that our client is the person who committed a crime or crimes. We fight at every twist and turn during preliminary hearing. If the deem does not gain that the strong suspicion standard is met, the matter will be DISMISSED. If the case is dismissed, the prosecutor has the option to re-file the case against you or to plunge the case entirely.

MOTION TO cut.

During argument after preliminary hearing, if appropriate, we can gain a motion under Penal Code allotment 17(b) to prick the charge or charges from felonies to misdemeanors.

ARRAIGNMENT.

If the believe finds that a strong suspicion does exist and our client is held to acknowledge after preliminary hearing, he or she will state the matter for another arraignment. Again, we typically plead “NOT GUILTY” at this appearance.

PRETRIAL CONFERENCE.

Then the matter proceeds to pretrial conference. The same applies here that has been discussed above and again, there may be several pretrial conferences before trial.

YOUR DECISION.

At the “ruin of the road,” when we have gone absolutely as far as we can in your defense, the discovery process is complete and the prosecutor has extended its best offer, you have a decision to form. WILL YOU determine THE CASE SHORT OF TRIAL THROUGH A PLEA BARGAIN OR WILL YOU GO TO TRIAL? We will guide you throughout this process and be very straight and unbiased with you in terms of the likelihood of success at trial and our idea as to the best course of action based upon all of the facts and circumstances at hand.

TRIAL.

There are two types of trial, a court trial and a jury trial. YOU HAVE THE CONSTITUTIONAL lawful TO GO TO TRIAL. This is proper in both misdemeanor and felony cases. A court trial is a trial where the only decision maker is the judge: the assume listens to all of the evidence and decides if there is proof to note your guilt beyond a reasonable doubt. A jury trial is where twelve members of the community are selected to listen to all of the evidence and to choose guilt or innocence.

NOT GUILTY.

This is obviously what we want to hear the clerk of the court squawk when reading the verdict forms at the extinguish of trial. The case is then DISMISSED and our client is DISCHARGED.

GUILTY/SENTENCING.

After this pronouncement, either our client is sentenced immediately or a date is status in the future for sentencing. If there is no honest cause why judgment should not be pronounced, the think imposes sentence, either probation with terms and conditions or status prison.

APPEAL.

This is a plea to a higher court, the Court of Appeal, to overturn the conviction and/or sentence of the lower court, the trial court. An appeal is a lengthy, labor-intensive process and we can be hired separately for the handling of an appeal.

NOTES.

1 We cannot and will not guarantee any particular result in a criminal case. The following outline is for informational purposes so that you understand the generalities of the structures and proceedings that we spy every day in our practice of criminal defense law.

2 An example of such a rare case: our client is only charged with a first offense DUI when we know that he or she actually has three prior DUIs within the relevant ten year time period.

3 There are distinct exceptions to this: for example, for an arraignment on a domestic violence case, our client must appear with us. And there are times when the deem orders that you are expose for some hearings.

4 There is a document called a WAIVER OF PERSONAL APPEARANCE under Penal Code fraction 977B which is applicable in felony cases and we can in positive circumstances ask the believe to allow us to appear in court for you. This waiver has limitations, though, and even if the think allows the waiver, you must appear for your arraignment and all other essential court appearances like the preliminary hearing, the taking of a plea and other proceedings during which someone testifies under oath.

LET US PROTECT YOUR RIGHTS!