วันอาทิตย์ที่ 9 สิงหาคม พ.ศ. 2552

criminal lawyer in virginia

criminal lawyer in virginia
Criminal Lawyers in common law had to be very careful about the fees for the file against a person for property to steal. At common law, there were many crimes, what we now know, such as theft. For example, a person in a position of trust or confidence, as a Bank Teller, would be convicted of embezzlement of money, which in its care. In addition, a debtor in the past, false to the creditors false information to a loan. However, a debtor would be liable for fraud, if he or she did, as another person, for a loan from a creditor. Most companies in common law unlawful under the crimes of theft, but because theft was a hanging offense, there are many other crimes, that courts condemn people.

Of course, there were very fine lines, and it was difficult for criminal lawyers to some of other crimes. When a prosecutor inadvertently charged a person with false instead of fraud, the case could be dismissed. Also, a criminal defense could lose a case for increasing the defense, for another crime but not charged.

Now, Illinois law combines many of the "common law" crimes in a large statue theft. A person can be in Illinois for theft stealing something of value, which is in a position from another, no matter how little value the thing has. For example, a criminal attorney can make the argument for a condo owner, that a neighbor is stealing his warmth. Theft of property in Illinois, the value of $ 300 or less is a crime, but a second offense is a crime. So, some people in Illinois may be 3-4 years imprisonment for the commitment of a number of minor thefts.

Knowledge is the most important element of theft in Illinois law. A person must know or have a reasonable basis for knowing that he or she exercises unauthorized control over property. For example, you probably will not be convicted of theft in Illinois for unknowingly picking up the wrong bag at an airport in the accident. However, if the person is in the pocket and sees that the property is within belongs to someone else, and decides to make it anyway, he or she will be convicted of theft. It is fair game for criminal lawyers to argue before a jury whether a defendant knowingly exercised control over another property.

Sometimes knowledge of an unauthorized can be derived. For example, a person can be convicted of theft in Illinois for the purchase of stolen property. When a person buys a mink coat on the street for $ 12, a court will infer that the person knew or should have known that they are buying stolen property. But sometimes are the property purchased on the street for an unusually low price is not necessarily stolen. For example, there are cases where a woman can have her mink sold for significantly less than the true value as a way of getting back at her husband in a fight. If this happens, a person can not be convicted of theft, but an Illinois lawyer can still argue that it was an attempted theft, if it would have been reasonable to believe that the property was stolen.

Lack of knowledge can be a person of criminal liability, but that does not necessarily mean that he or she will escape civil liability. Imagine is an ATM machine and a $ 100 withdrawal, but it is $ 1000 due to a malfunction in the machine. If it is a theft, the extra $ 900? In Illinois, if you do not know that the amount of money distributed was wrong, until you get all the way home, you will not be criminally liable for theft. However, the ATM owner, you can take to court, and you will probably be found liable under civil law for the $ 900th

The bottom line for theft in Illinois is that the courts to see whether a person knew that he or she is the unauthorized control of someone else property. A person will not be liable for unknowingly an additional $ 900 from an ATM, but in theory could be criminally liable for knowingly a $ 0.25, to another person. Regardless of whether a person knew that he or she is unauthorized control over property is fair game for criminal lawyers about the battle in court.

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