In this particular case, Mahmood Farooqui, the appellant here was accused of Rape under section 376 of IPC. The prosecutrix in this case is a student from Columbia University in New York. She met with the accused through a common friend and Mahmood invited her to a wedding. The charge against the accused was that on March 28, 2015, he undertook forcible oral sex on the prosecutrix in his flat without her consent, and the offender’s defence at the trial court stage was that such a case hadn’t ever occurred; however, after being convicted at the trial court stage, the accused
proposed a different argument (that was acknowledged by the court) that, if the act of oral sex had taken place, it was with the consent of the prosecutrix. Oral testimony, call detail records, and several emails and WhatsApp discussions were among the evidence presented by both parties. The High court acquitted the appellant on the basis that the prosecution’s events appeared improbable, and even if they were probable, it was unclear whether they occurred without the prosecutrix’s consent, and even if the events occurred without the prosecutrix’s consent, it was unclear whether the accused understood this lack of consent.”

So the question here is, Did the accused understand her lack of consent?

Talking about effective communication where both parties understand what they mean, the court had an interesting opinion which was the basis of ruling in this particular case. The sexual partners are equally responsible for obtaining a “unequivocal voluntary agreement” under this concept. In addition to the woman’s willingness to participate, the male must be accountable and sincere in his understanding and appreciation of what is being expressed. Far from grasping this significant shift in
understanding of consenting sexuality, the Farooqui decision falls short of conceiving sexual freedom for women. Instead, the feminist shift in the concept of consent is being undone in a variety of ways. The ruling replaces the woman and reinstitutes the male as the subject of law, rejecting
feminist reforms. The court’s conclusion was based on what the man understood, not what the lady said: “even though the act was not done with her consent, she actually transmitted something that the appellant took as consent.” As a result, the woman’s voice in questions of sexuality was effectively silenced. Also the court’s questions were framed from the man’s perspective: “whether the appellant mistakenly accepted the prosecutrix’s moves as consent; whether the prosecutrix’s feelings could be effectively communicated to the appellant; and whether mistaking all of this for genuine consent by the appellant.” Moreover, the court stated that “the prosecutrix’s unwillingness was only in her own mind and heart, but she communicated something different to the
appellant. It is unclear at when point during the act she did not grant her consent, and it is safe to assume that the appellant was completely unaware of the prosecutrix’s unwillingness. It is not uncommon for one of the parties to be less willing or even unwilling during sexual actions, but when there is assumed permission, it makes no difference whether one of the couples is hesitant. Such faint hesitancy may never be interpreted as a positive rejection of the other partner’s advances.”1
The court attempted to read stereotypes into consent by stating that a ‘feeble no’ from a woman can be taken into account as a ‘yes’ in some circumstances, and by distinguishing between the ‘no’ of a learned woman versus a more orthodox woman, and when the victim knows the accused versus when they are strangers. In this concept, women (especially “intellectually/academically capable” women) are expected to be loud (not feeble), aggressive (not timid), and show “genuine opposition” (not feeble disinclination).

The court’s explanation of section 375 requires a ‘unequivocal willingness from the victim to the sexual act,’ which implies that “men should receive affirmative expressions of consent, regardless of whether this is a common practise in our sexual encounters or not,” but nowhere are these kinds of subtleties added to meet the criteria of consent from a female.

In my opinion, the judgement here is flawed reason being the High Court entirely dismissed important aspects in the facts of the case. The prosecutrix did say no, she denied accused’s advancements on her body but the court only considered the point where in her no was timid and feeble. In the trial court, the accused denied the entire situation in one god, what does that say about the accused? Later on he said that it did happen with her consent, then what was the reason of lying in the trial court hearing? How is it possible that the high court dismissed several important aspects of this case and just blamed it on the prosecutrix that you should’ve been clearer with your
disagreement. How was the man not expected to understand that she said no, not once but twice. Verbally as well as through her body language when he pulled her underwear down and she pulled it back up. How is it that the man in this case was not expected to ask id she wanted oral sex or not?
This judgement had a chance to write history with respect to the amendment in rape laws but has set a really negative precedent for the coming future.

Author’s Disclaimer: This article is written on the basis of personal judgments and pure opinions.

The post A Feeble No is a Yes: Is It? Mahmood Farooqui v. State (Govt of NCT of Delhi) appeared first on Legal Desire Media and Insights.

If you are facing criminal charges, contacting an expert like McNally Law – Attorney Patrick Mcnally should be a priority. Everyone has a right to have an attorney. Especially for criminal charges that threaten not only you and your family’s freedom and reputation. If you’re worried if you could be held responsible for a family member’s crimes, here is what the law has to say.

Criminal responsibility in different contexts 

Organized crime

The law defines organized crime as a group of at least three individuals planning to commit a crime or a series of crimes to make money. Although crime families include other members, mobs and mafias often consist of generations of family members. Under the law, a person participating in organized crime can be charged. This is regardless of their role in the organization, knowledge of other members, and even if they are not usually part of the group. Understanding and active participation in the planning and execution is enough to be held liable.

Accomplice to a crime

Becoming an accomplice to a crime can sometimes be a thin line. Generally, knowledge and active participation in the crime committed hold you accountable. However, you can get accused with the exact criminal charges if you act in support of the crime even without prior intentions. 

Planning a crime with other people is a different context. The law can consider you an accomplice to a crime even if you did not do it personally or if the plan never panned out. This type of crime is referred to as conspiracy and is still punishable by law.

Harboring a fugitive family member 

Different states have laws about harboring a fugitive family member. Under federal law, anyone who hides a warranted criminal or prevents their discovery is already guilty of a crime. If the wanted individual’s offense is classified as a misdemeanor, the penalty for hindering arrest is less than a year in jail. If the fugitive committed a felony, the penalty increases to two to ten years in prison and a fine reaching $10,000.

Some states implement an exemption for harboring cases that involve family members. Fourteen states declare a criminal exemption for harboring a fugitive if they are related. The statute defines a family member as a spouse, sibling, parent, grandparent, or child. Other states do not completely rid the family member of criminal responsibility but are given reduced penalties instead. 

The concept of parent liability

Parents have a legal obligation for the actions of their children. Generally, parents are liable for their kids’ activities, damage, and negligence. The scope of this obligation starts when the child turns 8 to 10 years old and ends when they reach the age of majority. 

Civil parental liability

Civil parental liability is parents’ carried responsibility for their child’s non-criminal offense. This type of obligation commonly pertains to property damage and requires financial compensation. This law primarily aims to compensate the victims and avoid leaving any burden on them. It also encourages parental control and avoids negligence. 

Criminal parental liability 

In some cases, parents are also considered liable for offenses the criminal of their child. This responsibility pertains to the parent’s possible ‘contribution to the delinquency of a minor.’ One example is that parents can be considered liable for negligence leading to firearm access. Several US states have adapted this statute today.

Bottomline

Identifying one’s criminal responsibility for crimes committed by others can be confusing. Considering that different US states have their governing statutes, it is important to get a well-versed and experienced lawyer if needed. Understanding the basics of the law and knowing your rights are some of the things that can guide you during an unprecedented situation. 

The post Can You Be Held Responsible for Your Family Members’ Crimes? appeared first on Legal Desire Media and Insights.

However, others believe there are times where it is not entirely the person’s fault due to factors such as the influence of alcohol or drugs. Many factors must be taken into consideration before determining if a person is guilty or not, including their state at the time of the crime and if they were coerced into doing so.

What is intoxication?

Intoxication is defined as the impairment of higher mental functions by drugs or alcohol. It affects an individual’s ability to think and can result in behavioral changes, such as aggression and impulse control. 

The level of intoxication depends on the amount drugs or alcohol ingested, whether the individual has taken the drug in the past and how much, and other factors like weight and sex.

How drugs and alcohol affect people

Alcohol is a depressant that slows down brain functions. It makes people feel more relaxed, less inhibited, exaggerates emotions, and impairs judgement. 

Some of the chemicals that are found in alcohol include acetaldehyde, methanol, ethanol , acetic acid, and fatty acids. These chemicals are absorbed into the bloodstream, travel through the body to reach the brain, then get metabolized (or broken down) by enzymes that are produced naturally. When someone ingests alcohol it enters the bloodstream and goes to work on the brain almost immediately.

Certain drugs are stimulants which speed up brain functions and make people feel more confident, excited, and alert. Although stimulants might increase a person’s energy, they can decrease their inhibitions as well as cause irritation or paranoia. 

There are also other drugs that have effects similar to both alcohol and stimulants. Some common examples of these type of substances include GHB, Rohypnol, and ketamine.

Both alcohol and drugs can cause neurons (brain cells) to release serotonin. Although this is a natural response that happens in the brain when someone uses or ingests chemicals, it can have negative effects on the body. 

For example, after ingestion of a particular drug, a person’s dopamine levels increase gradually, and then rapidly drop as the drug wears off. If someone uses a particular drug or chemical for a long amount of time, the brain cells that produce serotonin to send messages between neurons may start decreasing in number. When this happens, people go through drug withdrawal symptoms which can include, but are not limited to, irritability, vomiting, and increased anxiety. 

In general, someone who is intoxicated will have slurred speech, trouble walking or standing up straight, decreased motor coordination which may result in poor decision making.

Is intoxication a valid legal defense?

It is generally accepted in the field of criminal law that one can be responsible for their actions while intoxicated. Intoxication however does not give someone an automatic pass based on the fact that they were drunk or high at the time of committing a crime. 

Intoxication might be used as a reason to reduce a client’s sentence, but it can easily work against them. For example, someone who may have been charged with theft or arson while under the influence, might try to use intoxication to get a lighter punishment. However, a court could easily see this as further negligence and give a harsher sentence.

It’s also important to remember that intent is what’s necessary in order to be found guilty of committing a crime. Someone who is intoxicated can still form intent and commit a crime while under the influence. 

For instance, if someone were charged with murder and claimed they killed their victim due to being intoxicated, then this would not be a valid defense because there are no circumstances in which killing another person is acceptable. If there’s enough evidence to suggest the individual had the intent to kill someone, regardless of intoxication, they can receive a harsh punishment. 

If the intent wasn’t clear, then intoxication can be used to get a lighter sentence, however this is something the court might decide after evaluating the case.

Final thoughts

Being intoxicated doesn’t automatically mean someone can’t be found guilty of committing a crime. If there’s enough evidence that someone committed an act while under the influence, no matter what substances were involved, they could still be found guilty of their crime.

The only way the defense can work is if someone was so intoxicated that they had no memory of committing the act, or were not aware they were doing it. This however rarely works because intoxication doesn’t eliminate intent.

Intoxication might be used to reduce a person’s sentence or as a reason to convince the court or jury to show leniency. However, it doesn’t change the fact that someone committing a crime still has intent and will likely face consequences for their actions.

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What Is Larceny?

Before outlining possible strategies that your grand larceny lawyer may use to assist your case, it’s important to understand what larceny is. Larceny is theft, which is unlawfully taking someone else’s property without their consent and with the intent to deprive the owner of their property permanently.

To prove larceny in criminal law, you must demonstrate that the defendant meant to do all of those things above. It’s not always easy, especially if your grand larceny lawyer can create reasonable doubt.

Belief of Ownership or Right to Use

One of the many defenses your chosen lawyer may help you put forward is that you can’t commit larceny if the property you’re taking is your own or that you had the right to use or take it. Even if your belief isn’t reasonable, you may be able to prove that you had an honest belief that you could use or own something.

An example of this might be taking a car from your family home belonging to a deceased loved one. The deceased family member may have told you that you could take the car, but it now legally belongs to the next of kin. You didn’t intentionally commit theft, and you had a good-faith belief that you had the right to use or take that car.

Consent

In a few situations, your lawyer may be able to argue that the owner of the property you supposedly stole from consented to you taking it. If you can prove that to be the case, you can’t have committed larceny since one of the definitions of larceny is taking something without the owner’s permission.

Very few people will be able to use this defense, but it’s possible. An example of consent being a viable defense would be if the owner requested that you take something so that they could say it was stolen and file an insurance claim. You might be guilty of insurance fraud, but a larceny charge may no longer be relevant if this is proven. 

Duress

Sometimes, you can take something without permission, but only because someone threatened or blackmailed you into doing it. If you can prove that you had no choice but to steal, a jury may say you didn’t act voluntarily and aren’t responsible for the crime. You still committed the theft, but you may not be charged for that particular crime.

What Is the Punishment for Larceny?

The punishment for larceny in the United States can vary from one state to the next. It can also depend on the value of property stolen, the situation surrounding the theft, and the legal defense you put forward. Petit or ‘petty’ larcenies generally carry much lighter penalties than grand larceny.

No lawyer can guarantee that they’ll get their client off larceny charges, but that doesn’t mean they don’t often have defense strategies up their sleeves. Any of these defenses above might be how you lessen your larceny charges or even have them removed altogether.

The post 3 Larceny Defenses Lawyers Use to Help Their Clients appeared first on Legal Desire Media and Insights.

Moreover, if you’re charged with white-collar criminal offenses, you need to take them seriously as they’re one of the different types of crimes with severe punishment and consequences. These can include hefty fines, prison sentences, forfeiture of assets, restitution, and many more. Luckily, there are defence strategies that can be used to protect your rights against white-collar crimes.

Thus, if you’re dealing with white-collar crime charges, below are the three ways to defend yourself and get your normal life back:

1. Seek Legal Representation 

Unless you’re an expert in criminal law, you may need to seek legal representation to defend yourself against your white-collar crime charges. For example, suppose you’ve been charged with these criminal offenses in Sheffield or wherever you may be located. In that case, experienced criminal defence solicitors may provide you with valuable advice and assistance throughout the legal process. They offer the support you need from the investigation to the prosecution of your offenses to ensure you get the best possible outcome.  

However, to better understand how these professionals work and help, you may check out https://www.thejohnsonpartnership.co.uk/criminal-solicitors-sheffield for more valuable information.

2. Take Advantage Of Some Defence Strategies

Now that you have a professional at your side, it may be time to make use of some defence strategies to increase your chances of getting your charges dismissed or sentence reduced. Most legal experts specializing in handling white-collar crimes may use defence strategies such as: 

• Lack Of Intent

For a conviction of white-collar criminal offenses to prosper, the prosecution may need to show that you committed the crime and intended to achieve the consequences. However, if you believe the act was unintentional, you may raise the lack of intent as a defence. For example, if you were charged with tax fraud by making an enormous mistake on your tax filing, you may refute the charges by claiming an unintentional error.

• Duress

Another way to defend yourself against white-collar crime charges is to allege the existence of pressure. But before you may take advantage of this legitimate defence, specific requirements may need to be met. For instance, you may have to demonstrate that there was a threat of immediate harm if you didn’t commit the crime. 

Also, you may need to show that the harm being threatened against you was more significant than the harm caused by the crime itself. Once you’re able to prove duress, you may be able to negotiate a lighter sentence or dismissal to the judge, depending on the circumstances and type of crime committed.

• Entrapment

You may also defend yourself from white-collar crime charges by raising the defence of entrapment. Generally, entrapment happens when a government official entices you to commit a criminal offense that you wouldn’t do on your own. Thus, if you believe you were a victim of entrapment, you may use this defence to improve your odds of winning the case.

• Intoxication

In some cases, you may use intoxication as a defence by showing that you were intoxicated when the crime was committed. You may assert that you weren’t in full control of your actions, which is why the crime happened. This means without intoxication, the offense wouldn’t have been committed. Depending on the circumstances, you may also use it as a complete defence or a way to negotiate a lesser offense or sentence.

3. Use Plea Bargaining

Apart from the common defence strategies mentioned above, you may also defend against your white-collar crime charges by entering into plea agreements. This is usually beneficial if the evidence against you is so overwhelming that you may be convicted of the said crimes if you fail to plea bargain. During the arraignment, you may plead guilty to lesser charges in exchange for a lighter sentence. Moreover, plea bargaining may help you avoid lengthy and time-consuming trial proceedings.

Takeaway

White-collar crimes can be serious offenses. Again, if you’re convicted, you may have to deal with serious penalties. Although these crimes are considered non-violent crimes, they can also become complicated and less straightforward.

Therefore, it’s best to keep these ways in mind if you want to get out of this legal trouble as soon as possible. In doing so, you can have a better idea of how to defend yourself against the charges. However, it’s also important to note that your situation may be different from others. As such, you may consider work with someone who specializes in handling criminal offenses to help you obtain a more favourable outcome in the long run.

The post 3 Ways To Defend Yourself From White Collar Crime Charges appeared first on Legal Desire Media and Insights.

While many people are experts in their field, that doesn’t always make them experts in the courtroom. That can take time, so consider relying on the following pieces of advice until you’re completely confident with your role.

Understand Questions Before Answering

Out of all tips for witnesses in court, one of the most important is understanding a question before answering it. Failure to understand the question can result in an inaccurate answer or one that fits the narrative but not the truth.

Wait until the lawyer has finished asking the question, ask for clarity if you need it, and answer it to the best of your ability in as much time as you need. Don’t attempt to answer a question before the person answering it has finished speaking.

Don’t Accept the Opposing Counsel’s Statements As Facts

Attorneys can ask some complicated questions to try and trick you into saying or confirming something that’s not necessarily true and call your credibility into question. Typically, they do this with strange wording that allows juries and others in the courtroom to infer information that may not be accurate.

As a rule, expert witnesses can become more confident in the courtroom by only ever confirming information they themselves know to be true.

Analyze Items You’re Questioned About

Even if you are an expert in the field you are being asked questions about, always analyze any documents relating to the case before answering questions about them.

Pay particular attention to dates, times, headings, and names of people within the document, such as files involving a medical malpractice lawsuit. The more you familiarize yourself with what you are being questioned about, the more confident you can be when you start speaking.

Don’t Get Emotional

It’s okay to feel emotions like anger, sadness, and frustration, but try your hardest to keep a cool head when you’re being questioned. Most importantly, don’t argue with the attorney asking the questions.

If you allow your emotions to get the better of you and forget how to behave in court, you may be at risk of not being able to answer a question to the best of your ability. Put your own feelings about a question aside, and answer truthfully with the information you know from your years of experience.

Take Your Time

With all eyes on you in a courtroom, it’s easy to feel pressured into rushing through your information to avoid holding anyone up. Even if a court case has to run for several hours on end, produce the information you believe will be necessary for the case, regardless of how long it takes.

The average trial can take a long time to reach its conclusion, and your expert testimony takes a mere fraction of that time.

The more court cases you’re involved in as an expert witness, the more confident you can become. However, before that natural confidence kicks in, consider taking note of this information above to make your time in court more manageable.

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What Is Assault?

Assault is commonly interpreted as a physical attack or violence. However, it can include any sort of behavior that threatens the safety of an individual which can be possible without even laying a finger on someone.

According to the Criminal Code of Canada under section 265(1), an assault is committed by an individual when a person-

1. applies force to other personal forcefully whether directly or indirectly without their consent.
2. threatens another person physical or by gesture, or an act that gives the other persona a reason to believe that he can attack them
3. tries to threaten the person while carrying or wearing any kind of weapon

It may or may not include physical force but whenever someone uses any act or gesture that gives the victim a reasonable ground that their life could be in danger or that they could be attacked, then it will be considered an assault. To prove assault in the court of Canada there doesn’t have to be evidence of a physical force such as scars, marks, injury, or bruising but the victim should simply be able to prove that there was the intent.

Along with this, to prove an assault, the victim should also be able to prove in court that the action of the perpetrator was without their consent.

Here are the different kinds of assault that the perpetrator can be charged within the court of Canada

Simple Assault

Simple assault is among the most common types of assault that the perpetrator can be charged with. The severity of this offense ranges from something as basic as a small shove to something more serious such as a brawl.

As far as the charges go, for less serious offenses, the perpetrator can receive a normal slap on the wrist if they are a first-time offender, however, if the case is more serious then the offender can even face up to five years in prison.

Assault with Weapon

When the perpetrator uses a weapon to threaten a person whether it is used for an imitation or it causes physical harm to someone, it will be concluded as an assault with a weapon. Depending on its use, anything can be considered a weapon including, a gun, knife, even a pen or a bottle or a frying pan that is used to threaten or physically harm the person.

Whenever someone is charged with assault with a weapon, they can expect anywhere from 18 months to 10 years in prison based on the severity of the offense.

Assault Causing Physical Harm

Assault causing bodily harm differs from simple assault because in this case, the victim has to be physically hurt to charge the perpetrator with this offense. This is punishable with up to 18 months to 10 years of imprisonment.

Aggravated Assault

Aggravated Assault is for more serious injuries that are often permanent. It has its own branch of assault in the Canadian code that usually results in potentially life-changing harm or even death of the victim. Aggravated assault is an indictable-only offences in which the perpetrator can receive a maximum sentence of 14 years in prison.

Sexual Assault

Sexual Assault is considered a very serious offense in the court of Canada. It happens when a person tries to establish sexual or physical contact with another person without their consent or sometimes it may also include a threat or an act of violence.

Sexual assault can include anything from groping to sexual abuse and rape. Based on the severity, the perpetrator can receive a summary conviction of up to 18 months in prison to up to 14 years in prison. If the age of the offender is less than 16 years then he may face from a minimum of six months in person to 10 years in prison.

What  To Do After You Are Charged With An Assault

There are certainly an overwhelming amount of angles and results that can be taken into consideration whenever someone is charged with an assault. If you are charged with an assault then your first step should be to hire An Assault Lawyer David Genis  who has an excellent reputation in the Toronto region for handling all types of assault and technical cases.

The post What Happens After You Are Charged With An Assault? appeared first on Legal Desire Media and Insights.

A crime sometimes changes the whole life of a person. But in actuality, everyone should get a second chance. So, here the whole concept of expunging and clearing criminal records comes into the scene.

7 Things To Know About Expunging And Clearing Criminal Records

There are a lot of things that we need to know about expunging and clearing criminal records. Almost all of us have some basic idea about criminal law. In case you do not have, you can take assistance from a Criminal Lawyers in Lawrenceville GA, at any time.

But here, in this article, we will discuss expunging and clearing criminal records. So, let’s get into the main topic.

What Is A Criminal Record?

First, we need to have the basic idea on “What is a criminal record?”  It is the list of convictions and arrests of a person, which is maintained by the criminal justice system. Over 70 million Americans, i.e., nearly one-third of adults, have a criminal record.

As a result of this, over 30 million children of the United States of America, i.e., half kids java at least one parent with a criminal record. Along with the criminal justice agencies like courts, prosecutors, and police having broad access to criminal records, the members of the general public, like employers, landlords also can search and obtain them.

In a person’s criminal record, even minor convictions, which took place years ago, and also arrests, which did not end up as a conviction, are included. It implies that though someone is legally innocent of a crime, still the person could face barriers that are associated with having a criminal record.

Barriers Of Having A Criminal Record

A criminal record has the power to severely limit someone’s access to public assistance, civic engagement, housing, education, and employment. For screening, the criminal records of applicant’s 3 in 5 colleges, 4 in 5 landlords, and 9 in 10 employers use background checks.

As per a study, over 45,000 federal and state statutes, along with regulations, impose disadvantages or disqualifications on individuals with a conviction. Even though there are no convictions, an arrest record also is capable of decreasing the employment prospect of a person more than any other common stigmas that are employment-related.

Moreover, the collateral damage that is having criminal record results can reach across generations. For example, socioeconomic barriers that are associated with a criminal record of a parent can actually harm the long-term well-being and outcomes of a child.

The communities and families of color disproportionately feel all these impacts. At disproportionately high rates, people of color are arrested and convicted. On the other hand, criminal records are also used for targeting non-citizens’ deportation, providing familial ties within migrant communities.

Criminal Records Can Be Cleared

In the United States of America, a judge or court also can seal or expunge certain types of criminal records. An expungement eliminates arrests or/and convictions from a criminal record of a person entirely as if they never happened.

The expunged record of a person even can not be viewed by a prosecutor or court. On the other hand, sealing only removes the criminal record of a person only from the public view. But with a court order, it can still be accessed.

For certain types of records, there are some forms of sealing or expungement provided by most states. Currently, the federal government does not yet have any regular mechanism clearing either federal convictions or even non-conviction records.

An individual is required to file a petition, for sealing and expungement, along with serving a waiting period without re-offending and appear in court. So, Criminal Lawyers in Lawrenceville GA is always a great option to go with.

Jurisdictions Fixing the Problem

Across the United States of America, States, along with local jurisdictions, are making more criminal records that are eligible for sealing and expungement. And these include the results from victimhood of human trafficking and marijuana offenses.

By reducing filing fees and eliminating waiting periods, states and localities are rapidly taking steps for streamlining the existing procedure. In addition, to automate the sealing and expungement procedures, the number of states embracing “clean slate” laws is increasing.

Including Pennsylvania, three states have already enacted clean slate legislation, which creates an automatic and automated process for sealing and expunging some specific criminal records that are eligible.

Opposition To Sealing And Expungements

There is always an argument that people who have criminal records can pose a threat to public safety, landlords, employers, colleges. And thus, the general public has the right to be aware of the person’s criminal record.

But research suggests that people with expunged or sealed criminal records committing crimes at a lower rate than a general adult population. We can take the example of Michigan.

Within 5 years of sealing their criminal records, 96% of individuals are not convicted of any kind of crime at all, 99.4% are not convicted of any violent crime, and 99% are not convicted of any felony.

Expungement Crime Can Also Make Non-Citizens Deportable

I have already mentioned that criminal records are used for targeting non-citizens for the purpose of deportation. Only the Criminal Lawyers in Lawrenceville GA will be able to help you here.

Under the immigration law that was passed in 1996, a “conviction,” which is particularly for the purposes of deportation, includes any kind of instances where a person pleads guilty to any specific crime, or some type of punishment is imposed, for example, some mandatory diversion programs.

Even though the criminal record is sealed or expunged, it still can be used at any time as a reason for removing an individual from the country.

There Is An App For Clearing Your Criminal Record

The advocates and developers of Louisiana, Maryland, and Chicago have built apps in order to help people find out whether they are eligible for expungement or not. These apps will also help them to get in touch with a lawyer.

While there is no need for a lawyer, legal experts can assist in navigating a complicated process. Previously, searching online for expungement help, the top results come with a long pdf of more than 20 pages.

Frankly, going through the whole pdf and understanding all the legal terms are pretty challenging and complicated at the same time. So, these apps have made the taks a bit easier and understandable.

Bottom Line

Though sealing or expunging criminal records is possible and will happen in such a way that it has not happened at all. But at the same time, an individual has to be eligible for the process. Not all types of criminal records can be expunged or sealed.

The post Expunging And Clearing Criminal Records: 7 Things To Know appeared first on Legal Desire Media and Insights.

All of this has ended up in many pending criminal cases in Philadelphia. Let’s get a deeper insight into the crime levels happening in this spot and see how it affects people. 

What level of crime happens in Philadelphia?

As always, Pennsylvania tops to be the innovator with creating the three different crime levels in most commonwealths and states. Most commonwealths divide the crime cases into two categories, including misdemeanors and felonies. When talking about Philadelphia, the crime level depends on the severity of the case. 

Most summary offenses come with minor breaks presented in the court of the law. It is punishable up to $200 along with 90 days imprisonment in jail. A typical example includes – disorderly conduct, shoplifting, criminal mischief, underage drinking, and much more. Here, you can receive a citation incorporated with violation charge details, the amount of fine to be paid, and other instructions associated with it. This paper reveals how you are supposed to pay for it at the time of acceptable payment at the court.

Misdemeanor cases are considered minor criminal cases where one is likely not to be arrested but may get fined up to $15,000 for sure. Again when talking about the felony cases, these may be punishable as it comes from a severe cases category. 

What is the order of events involved in most criminal cases held in Philadelphia?

Arrest – The process of a criminal case presented in the eye of the law begins with arresting the culprit. The defaulter gets arrested without showcasing any legit arrest warrant. This is when the police officer finds you committing a criminal activity in front of her or him. No matter if you commit a felony or misdemeanor, the severity of punishment remains the same. 

Hire an attorney immediately – 

As soon as you get arrested or held for something that you have not done, consult an attorney right away. Hiring a reliable Philadelphia criminal lawyer often takes time. Therefore, begin the process early to seek legal assistance at the right time. The PSD (pretrial services division) is responsible for appointing counsel for all the legit criminal cases. This is when you fail to hire a professional attorney for your case. 

Bail – 

The bail process is initiated after getting a nod from the Criminal Justice Center on Filbert Street. Generally, this office remains open 24*7, including holidays, yet it’s good to connect with their staff before visiting and presenting your case in real-time. In case you have any doubt regarding the processes or detailed information on documentation, you can seek advice from Criminal Justice Center or the hired lawyer. 

The last line – 

Criminal cases never offer a pleasant experience. This requires dealing with legal professionals and undergo delicate processes to fulfill punishments. These factors arise from the need to collaborate with a legal helping hand like criminal lawyers in Philadelphia. 

The post The Basics of a Criminal Case in Philadelphia appeared first on Legal Desire Media and Insights.

What is Racial Discrimination?

Racial discrimination is the practice of treating people differently based on their race and color. It also includes discrimination based on national origin. The law prohibits discrimination of any kind in the workplace, but in reality, it is difficult to eradicate racism in the workplace simply because the impact of stereotyping and how it affects decision-making in the organization is too ingrained in the people and the organization’s culture. 

How to deal with racial discrimination in the workplace?

Many people think that wearing anti-discrimination shirts and posting black squares on social media would be enough to lessen the stigma of racial discrimination, especially in the workplace. Unfortunately, you have to do more than just make a statement — you need to follow it up with actions.

Here are some ways to deal with and tackle racial discrimination at the workplace:

Spread awareness

The sad reality that we are facing is that the majority of the victims of racial injustice remain silent for fear of retaliation and being unfairly judged by other people. The fault of organizations is that they downplay the severity of the behavior or simply turn a blind eye to the racial slur made against their employee. Doing so is similar to saying that racism is acceptable. 

Companies should take a stand and spread awareness that they are serious about eradicating racial injustice in their organization. Posting a statement on their website or on social media is a solid show of support to their cause. 

Don’t let the conversation stop

It is very important to acknowledge the issue and the racial injustices present in the organization and commit to making things better. Sure, it’s good to post anti-discrimination statements and talk openly against them, but it’s better if you back up your words with commendable action. Forming employee resource groups and creating avenues for employees to openly talk about racial issues would be beneficial for everyone.

Managers can likewise initiate respectful and productive discussions, making sure that minority voices are given a chance to speak their minds to get different ideas from diverse perspectives.

Ingrain anti-racism into your values and actions

Organizations should build a strong, healthy, and optimal workplace culture where racist ideas and stereotypes have no room to grow. There should be a focus on cultivating a work environment where racial discrimination will not thrive. 

Training should be conducted not for compliance purposes but to drive change and to educate. Companies should likewise embed processes, training, and policies with values that would create a work culture rooted in inclusion and diversity.

Tackle unconscious bias

In the workplace, racial injustice comes in many forms. But most of them are manifested through what competent lawyers call microaggressions. Microaggressions are subtle, often unintentional acts of racial discrimination against people or members of a marginalized group. 

Seemingly innocent questions and comments like complimenting Latinos on their English skills and asking black people where they’re from are considered microaggressions. It implies stereotypical assumptions that people from other races or colors are not well-educated.

If you are to reduce racism, you must change your unconscious bias and decrease microaggression. Taking meaningful action against racial bias in the hiring process is one way to combat racial injustice in the workforce.

Takeaway

The year 2020 may be a historical year for people fighting for racial injustice, with more than 30 countries protesting and spreading awareness of the racial injustices that you have today. It’s too bad that a tragedy like George Floyd’s death needed to happen before you open your eyes to the sad truth and decide to do something about it.

Racism is bad for business. Not only will it undermine the productivity and the morale of your workforce, but it is possible to put your organization in legal jeopardy. Instead of preaching the words ‘diversity’ and ‘inclusion’ in your employee seminars, enforce these concepts in your workforce.

The post How to Deal With Racial Discrimination In The Workplace appeared first on Legal Desire Media and Insights.