Corporal injury is a legal term that you’ll hear mentioned in the court system, however most people refer to it as domestic violence in which injury occurs to one person. In general, that person must be your spouse or partner for you to be charged with corporal injury.
While domestic violence is never a good situation, there are ways to defend yourself. Use these tips to get you through the court process.
In some corporal injury cases, an individual may have a defense if they raised their hands to their partner because they were provoked. While words and heated conversations don’t count as provocation, however, physical attack in which you believe your life was threatened absolutely does.
After all, it shouldn’t be a crime to defend yourself from somebody who is actively trying to physically hurt you, especially if they have a weapon. If any injury occurs to the attacker it shouldn’t always be your fault.
Hire an Attorney
Being charged with corporal injury is serious, and it isn’t something you should try to take care of on your own unless you happen to be a lawyer. Most lawyers would still get an expert in the field of domestic violence!
Don’t assume that everything is going to go your way in court, even if you really didn’t do anything wrong. False accusations or a situation where your safety was threatened does not mean you’ll get off without a problem.
Hire an attorney who knows how to handle corporal injury cases and makes sure that you get the best representation you can.
Pre-trial release agreements are almost similar to bail bonds. A pre-trial release has several benefits:
- Funded by taxpayers
- No one is financially responsible for the defendant after their release
- Can be used in violent, felony cases
What does pre-trial release mean?
A pre-trial release is a government organization that obtains the release of defendants from a local jail without requiring them to post a bond. The defendant does not have to commit any funds to be released, only a promise to appear in court.
Who pays for a pre-trial release?
Pre-trial release programs are funded by taxpayers and used to obtain the release of defendants charged with various crimes. Although similar to a commercial bail bond, the defendant doesn’t have to contribute to obtain their release.
When is a pre-trial release used?
Pre-trial release programs are used to obtain the release of individuals charged with both misdemeanors and felonies. In the past, they were used for criminals with minor charges, but now, even a violent offender can obtain one.
What happens after a defendant is released?
Defendants must promise to appear in court at their hearing. Some do not and eventually become fugitives.
Also Read: Consequences of Contempt of Court
Who is financially liable for the defendant after released?
No one is financially responsible for the defendant or to ensure that they appear in court.
Who finds defendants who fail to appear?
If a defendant fails to appear, local authorities are called upon to find and return them. They are not high on the list of priorities.
Does a pre-trial release penalize taxpayers?
Taxpayers are penalized first by having to pay for the defendant’s release, and secondly, for their return if they fail to appear.
What are pre-trail release conditions?
Rules or conditions of pre-trial release vary by state and even by county. Some pre-trail release programs focus only on general bond conditions to achieve certain objectives that include safety of the victim, protection from crime and ensuring defendant’s appearance in court. These conditions depend on the nature of the crime.
For assaultive offenses, pre-trail release conditions include not to travel to certain locations and not to contact the victim. For DWI charges, an ignition interlock device may be installed while the defendant is on pre-trail release. Some programs can be even more intensive wherein the defendant has to report weekly, submit a DNA sample, go through regular drug testing and counseling.
Also Read: Failure in Court Appearance- This is What Happens Next
Also Read: How to Post a Bail in Federal Court
In California, you can be charged for a misdemeanor offense if you are found guilty of being drunk in public. This offense is usually referred to as public intoxication and covers a number of disorderly conducts. If you drink, here are 6 ideas that will help you avoid arrest for public intoxication:
Drink at home or private property
If you drink at home or private property, you cannot get arrested for public intoxication. If you want to drink more than usual, you will be safer enjoying your drinks at home or at a friend’s place.
Have a designated driver
Driving when drunk can make you obstruct other road users due to impaired judgment, which can lead you to be charged for an offense. Always have a designated driver on standby to take you home after drinking.
Avoid walking home when drunk
If you are drunk, take a cab home rather than walking alone. You can put yourself and others in danger as you stagger along the road or streets. When you’ve had too much to drink, have a friend drop you home.
Stick to the state alcohol limit
Check your state’s alcohol limit and stick to it. Buy a personal alcohol breathalyzer to test your blood alcohol level when you are out drinking. You can be charged for an offense if your blood alcohol level is determined to be above the recommended limit.
Avoid excessive alcohol consumption
Taking too much alcohol can make you wild, causing mayhem on the streets and other public areas. Know how much alcohol you can take before it impairs your judgment.
Ultimately, taking alcohol can lead to various health problems. Try to quit drinking to lead a healthier life. For example, you can drink water periodically as you drink to reduce your alcohol consumption.
Being arrested can be a very traumatic experience, particularly when you don’t understand your rights. One of the biggest mistakes that people make when they are arrested is trying to talk their way out of being taken into custody. Many people go right into their stories about what happened, trying to explain that they were in the wrong place at the right time or that the entire situation was all a misunderstanding.
Keep mum until your attorney arrives.
If you find yourself on the wrong side of the law, the best thing that you can do is remain silent about what happened. Inform the arresting officer that you would like to make a phone call as soon as possible so that you can speak to an attorney, who will help you prepare for court.
Know your rights!
Once a suspect is in police custody and about to be questioned, the Miranda rights are read. The Supreme Court requires that suspects are informed about their right to silence, their right to a lawyer, including a public defender, their right to wave their Miranda rights and that anything that they say to their investigators under questioning following their detention can be used in court.
Stay alert when you speak!
Anything that you say to a police officer or investigator prior to being taken into custody and read the Miranda rights can be used in a court of law, including anything that you say to an officer without being prompted first. This includes interviews in which a person is free to leave the premises and converses at the alleged crime scene. Police officers do not have to read the Miranda rights to request basic identification.
Your Miranda rights continue to protect you even if you waive them following an arrest. You have the right to stop answering questions and request a lawyer at any point during an interrogation.
What does plea of ‘No Contest’ mean:
When you plead ‘no contest’ you do not receive a reduced sentence or get your court charges dismissed. This is an agreement that the judge will find as a factual basis for your plea and find you ‘guilty’. It has the same legal consequences as a guilty plea. It’s more beneficial if you plead ‘no contest’ when the court gives you a choice between a guilty plea and ‘no contest’ plea.
How the court judges it:
You are admitting guilt when you state, “I do not wish to contest.” It lets the court know that you or your loved one do not wish to go to trial and will allow the court to decide punishment for the charge.
You would be advised of the three step process under California Penal Code Section 1016(3) concerning no contest plea.
How does it prove advantageous?
- There are times when a ‘no contest’ plea contest can be more favorable than a guilty plea.
- Review California Penal Code Section 1016(3). There is information that states a ‘no contest’ plea in a misdemeanor criminal case cannot be used as evidence against you in a civil case.
- This means if you are responsible for injuries that are the basis for criminal charges, your ‘no contest’ plea to the criminal charges cannot be introduced against you in the civil case.
- If you would like to keep your case from going public.
- When the outcome of your trial is unclear.
What are its disadvantages?
- A first time drug offender cannot enter ‘no contest’ plea in a court of law.
- Although a ‘no contest’ plea in a misdemeanor criminal case cannot be used against you in a civil case; a ‘no contest’ plea in a felony criminal case can be used as evidence against you in a civil case.
April 15th is Tax Day.
Arrest for tax evasion in California is one serious problem. If you, a friend or a family member gets booked and jailed for tax evasion, you need a fast and informed response.
Tax evasion is the act of avoiding paying taxes or making limited payments through illegal methods. It can cover filing a false tax return or documents, failing to pay taxes or a tax return or failing to collect employment or sales taxes. In California, that means violation of California Revenue and Taxation Code Section 19705(a) and Section 19706.
A misdemeanor charge can land you a year in prison but a felony can cost you three years in prison for each violation. Bail, if permitted, will free the arrestee while trial is pursued. The amount of bail for an arrestee is determined by each county’s Bail Schedule but the judge can refuse to grant bail or set a bail higher than the county’s schedule.
Two kinds of worry:
- In a civil case, the government claims that you made a mistake or were negligent in filing taxes. There may be no fine or prison term but there may be a 5% penalty to pay on overdue taxes.
- In a criminal case, the government says that you deliberately falsified information or took actions to avoid paying taxes. The charges may include arrest and jailing prior to arraignment and trial.
Obviously, arrest indicates that the government has investigated your tax history and obligations. Arrest is a sure sign they think they can make a case against you.
Get serious advice:
In any tax evasion arrest, good advice is necessary and invaluable. Only a qualified experienced bondsman, like Signature Bail Bonds can expedite the paperwork, facilitate the process and bring assurance to you and your family.
Contact us today for further information!
You have your own rights. The laws protect those rights and police enforce those laws. When police officers question you, it can be upsetting, even scary.
Here are some ways to deal with the police if you are stopped for questioning:
• Remain calm
Police officers are trained to detect a lie. Stuttering, heavy breathing or sweating is a clear giveaway that you have something to hide. To your credit, police officers have specific interrogation tactics designed to get you talking and to make you nervous. The more you talk, the more contradictions will come out if you’re lying.
If your story is solid and you’re telling the truth, they will see that you are cooperative and will reduce the intensity.
• Address officers as ‘Sir’ or ‘Ma’am’
Police officers are in uniform because they are figures of authority. They should be regarded as such. Police officers have a tendency to view anything shy of professional respect as a projection of guilt or a lack of acknowledgement of authority figures. Neither of these present well for the defendant in court.
Refer to officers as ‘sir’ or ‘ma’am’ in all of your communications with them. If you are arrested, witnesses can testify to your behavior on that day.
• Keep your hands clearly visible
When you are being questioned by an officer, keep your hands out in front of you, where they can be seen. No matter how strong the temptation might be to stick your hands in your pockets, avoid it.
If you display any signs of being nervous, police officers will play the safe route and assume that you have a weapon. While they have no right to pat you down until they have probable cause or they are making an arrest, they have a right to protect themselves and have the capacity to do so.
Being arrested is never enjoyable. This can be even worse if you are arrested in a foreign country. You may not even know that something was illegal and still find yourself in quite a bit of trouble and having to deal with it far from home. The legal process in other countries may vary greatly from that in the U.S., so you will likely not be familiar with how their judicial system handles civil or criminal infractions.
If you do get arrested while you are in a foreign country, here are the steps you can take to get yourself out of trouble and on your way home with as little hassle as possible:
Contact the United States Embassy, or tell your jailers that you wish to speak to an embassy representative. As a U.S. citizen, you have the right to speak to an Embassy official, and they will make sure you are being treated fairly and humanely.
Ask the Embassy representative to contact your family or another person who can work toward getting you released. The representative can also assist you with contacting an attorney who handles international affairs.
Obtain the services of an attorney immediately. The attorney will be more familiar with local laws and regulations, and will know how to efficiently work toward your release.
The Embassy will not defend you nor demand your release, so you will have to secure legal representation. Also, make sure someone back home has your schedule and itinerary in case this data needs to be given to U.S. government officials.
The most important thing you can do when traveling out of the country is to familiarize yourself with local laws that apply to anything you might be involved in while you are on foreign soil. Be prepared in advance to avoid difficulties while you’re there.