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January 10, 2019

A Guide on Rape Lawyers in Melbourne

Sexual assault is an incredibly serious offence, carrying a maximum term of…

Blogging

November 28, 2018

Sydney Criminal Lawyers Can Help With All Legal Charges

Have you been charged with a crime and believe you have…

Family Law

September 26, 2018

Family Laws in the United States of America

Family law is a set of laws that govern the legal responsibilities…

A Guide on Rape Lawyers in Melbourne

January 10, 2019January 10, 2019

Sexual assault is an incredibly serious offence, carrying a maximum term of twenty-five years in prison. Furthermore, Australia has one of the highest rates of sexual assault in the world. If you have been charged with this type of offence, it is paramount that you consult with rape lawyers in Melbourne in order to receive sound legal advice. It is pivotal that you understand your rights and responsibilities before proceeding with a case. So, if you have been charged with this serious offence, or someone you know is in need of legal representation, please read the following guide regarding rape lawyers in Melbourne.

What is the offence?

In all sexual assault cases, the issue of consent is the primary focus. All rape lawyers in Melbourne will tell you this. They will also contend that it is pivotal in discerning whether valid consent was provided or obtained. Sexual assault cases can be embarrassing and incredibly personal, so the specific details of the encounter may not wish to be shared. However, for the sake of both the defence and the prosecution, all information must be made available to the Court. This includes ascertaining whether sexual penetration occurred. Quite unfortunately, so many sexual assault cases go unreported and some sexual assault crimes have even shocked the nation.

What must the prosecution prove?

Put simply, rape lawyers in Melbourne will inform you that the prosecution must prove the following:

The defendant penetrated the victim in a sexual manner
The action occurred without the consent of the victim
The sexual action was intentional
At the time of the encounter, the defendant was aware that the victim was either not consenting at all or there was some confusion regarding consent
After penetration, the defendant became aware that the victim was not consenting, yet despite this fact, did not withdraw or cease the action

What is the maximum penalty?

This charge carries a maximum penalty of 25 years of imprisonment, however, if not all of the above components are successfully proven by the prosecution, then your charge may be downgraded or you may be found innocent of all charges.

How can rape lawyers in Melbourne help you?

There are many ways that a solicitor can assist you with your sexual assault case. One of the key advantages of consulting with rape lawyers in Melbourne is their knowledge and expertise of the law. The best solicitors will be able to demonstrate how your charge should be downgraded or disregarded completely or find other legal avenues to ensure you receive a more favourable outcome. You want sound legal representation with plenty of experience and a strong knowledge of the legal framework.

On top of this, rape lawyers in Melbourne have considerable courtroom experience. Having a courtroom hear your case over several days, weeks or months can be incredibly tiring and emotionally fatiguing. Furthermore, it can be difficult to endure the public scrutiny and criticism of being charged with a terrible crime. Standing before a court to plead your innocence can be downright terrifying, especially if you have never been in a courtroom before.

Fortunately, if you have one of the rape lawyers in Melbourne by your side, the anxiety of this scenario can be significantly reduced. Indeed, your solicitor can help you in addressing the members of the Court in the correct and respectful manner, while also helping you understand any legal rhetoric or procedures that may be confusing you.

How do I pick the right solicitor?

There are a lot of solicitors out there, so finding the right one for your case can be challenging. Look for a barrister that is honest and transparent with you regarding your chances. You don’t want a ‘yes’ man; what you need is honesty and a strong case. You don’t want empty promises or a solicitor that doesn’t seem focused. Take your time and do your research.

Sydney Criminal Lawyers Can Help With All Legal Charges

November 28, 2018

Have you been charged with a crime and believe you have been falsely accused? You

are not the only one. Sydney criminal lawyers have helped hundreds just like you and will be happy to support you too.

It will all begin on the first contact. Describe the charge to them, and they will let you know if they believe they can help. They will listen to everything you have to say with compassion and respond in a professional and courteous manner.

There is a vast array of cases that Sydney criminal lawyers have taken on before. They maintain a formidable defence and will dedicate themselves to achieving the best result. Whether its a matter of crime, AVO, hearings or appeals, a licensed solicitor can take your case on for you, today.

Some of the offenses in which Sydney criminal lawyers can assist you with:

– Child abduction

– animal cruelty

– aggravated assault

– assault

– armed robbery

– arson

– fraud

– forgery

– manslaughter

– perjury

– possession of illegal drugs

– public nuisance

– sex offences

– threats to kill

– assaulting an officer

– blackmail

– breach of an AVO

– burglary

– common assault

– terrorist charges

– cultivations with prohibited substances

– import or export charges

– indecent assault

– murder

– drunk or disorderly conduct

– damaging public property

– destruction of evidence

– DUI of drugs or alcohol driver

– disqualification

– extortion

– kidnapping

– negligence

– bribery

– possession of controlled drugs

– rape

– resisting arrest

– stalking

– tax evasion

– drug trafficking

– wilful damage

-child sex charges

– escaping lawful custody

These are only some of the more well-known charges that Sydney criminal lawyers have previously taken on and won.

There are many advantages to using Sydney criminal lawyers. These include:

– They can speak to the judge on your behalf ensuring you do not accidentally say anything incriminating.

– They can fully investigate all of the facts making sure that nothing gets missed or misused.

– They will do everything in their power to get your charges dismissed, reduced, or dropped for a plea.

– They will discuss the charge with you, so you understand it completely.

– They will fight the charge for you to increase your chances of a win.

– They will help get support in the form counselling, anger management, or rehabilitation.

– They will also file an appeal if the judge rules against you.

Sydney criminal lawyers have had many years of experience winning cases foe people from every walk of life. They will treat you like a person, not a number, giving you the respect you deserve and the support that you need.

Facing a judge can be a very daunting experience especially if you have never encountered one before. Sydney criminal lawyers have faced these judge’s countless times in the past and possess nerves of steel. They will not hesitate at all to litigate in the courtroom on your behalf.

Courtroom language can be very difficult to understand if you are untrained in all of the legal jargon. By using a qualified solicitor you can be sure that they understand and can translate these legal terms to make that you understand the charges filed against you to the fullest. Without a full understanding you may incriminate yourself further by answering questions that you don’t actually understand

The next time you find yourself facing a severe legal battle, consider hiring a qualified solicitor to improve your chances at avoiding possible fines, reducing or avoiding jail time, and overall reduce the potential severity of sentencing. You will receive practical support to the absolute end.

Family Laws in the United States of America

September 26, 2018September 26, 2018

Family law is a set of laws that govern the legal responsibilities of individuals that share a connection that is domestic. These laws are in the form of statues or case precedents. Said cases involve individuals or parties that are related by marriage or blood.

These laws also extend to those that are related distantly or causally. As these cases are emotionally charged, it is always advisable to retain a legal counsel for any or all family law cases.

A majority of family law cases involve the termination of a marriage or romantic relationship. These cases are carried by lawyers that specialize in family laws or divorce, child custody/support, and alimony. If a marriage that lasted only for a short period of time is canceled, an annulment is done. For same-sex couples, individual rights may exist.

A common issue in many divorce cases is the division of property. The law that concerns with the division of property varies from state to state. If a couple cannot agree on the default rules, they can opt out by hiring a lawyer to draft a prenuptial agreement.

Prevention of abuses such as the likes of emotional or physical also comes under family laws. These laws aren’t restricted to current/former spouse and children. The jurisdiction also extends to older members of the family, members in a relationship and roommates. In order to prevent further abuse, the court may mandate a restraining order.

A widespread dispute in family courts is the issue of child custody as parents care for the children’s safety and wellbeing.

This is especially hard in the event of a divorce or breakup. The problem is usually because of the fact that the parents become distrustful of each other at times like these. In such an event, the judges assume authority over the decision of who takes the child by taking what is best for them into consideration.

The custody can either be shared or assigned to one of the parents. The schedule is split between weekend and weekdays and in the event of a holiday, the days will be alternated. This is done in a manner where the child’s life isn’t disrupted.

The parents also have a duty, and this is legal in nature. In order to change the initial set amount of money given in child support, one must prove that the circumstances have changed since the order was initially drafted. These may include the parent being disabled or loss of employment.

Criminal Laws in the United States of America

September 20, 2018September 26, 2018

Criminal laws are set to protect the public from wrongful conduct and to keep them safe. When a law is violated, the individual will face fines or incarcerations as penalties. The nature of the American criminal justice system is very complex, and most offenses or violations would require an attorney’s assistance.

The consequences for violating specific crimes can be found in penal codes enacted by local, state or federal level legislators.

Offenses that are relatively less serious such as petty theft, drunk driving or possession of controlled substances in small amounts are all considered as misdemeanors.

Felonies are crimes of more severe natures. Examples of these include burglary, rape, crimes that come in white collar jobs such as laundering or embezzlement. The punishment for these offenses will be a year or more in a federal or state prison.

In order to interpret criminal statues, lawyers and judges refer to previous court opinions on the same issue to arrive at a conclusion, and this is called “stare decisis.” The stare decisis states that for a given set of circumstances for which the court has issued a statement, that particular ruling can be a binding precedent for any similar disputes that occur on a later date.

As defendants aren’t familiar with the court system, they are likely to be presented with traps that come with the criminal prosecution process. That is why in order to prevent them from saying or doing anything which may increase the chances of conviction, criminal defense lawyers are trained to counter precisely this. In the event that a lawyer hasn’t been hired, the accused may waive their rights and thereby harm their interests unknowingly.

Law enforcement officers will try to exploit their unfamiliarity by pushing for a confession after reciting their Miranda rights. Whatever is said during this period can possibly be used as incriminating statements against the defendant in the court.

Most defendants, when asked for a plea, will often plead guilty in the absence of an attorney which will negate them of essential rights from the beginning itself. This includes giving up the opportunity to negotiate terms of the sentence.

Another critical stage in a case is the discovery proceedings where the copies of the evidence gathered by the prosecutor can be demanded to be shown by the defendant. These include lab results, police reports, or even video recordings. This procedure is done to check whether the case can be settled or continued to trial.

If a plea bargain is declined by the defendant, a trial will be initiated where witnesses are questioned. All of this is done in order to conclusively determine whether the defendant will go to jail or walks free.

Copyright Laws in the United States

September 11, 2018September 26, 2018

The laws that protect intellectual property is called copyright laws. These laws are reserved for original works that are tangible, no matter if they are published or unpublished. The works can be in the form of literary works, photographs, software or movies just to name a few.

To start with, let us define what copyright is. The reservation of a person’s right to produce, publish or sell an original work is called copyright. Copyright laws do not take into account concepts, ideas or techniques as original works. They only apply to works that have been materialized.

This is the reason why an original work should be put into paper in order to receive copyright protection. The rights enjoyed by a copyright owner are plenty. Let us look at a few right now.

The right to reproduce a specific work.
The right to derive something out of an existing piece of work.
The right to distribute their work by lease, sale or transfer of ownership.
The right to publicly perform the work.
The right to publicly display their work.

The above rights can be granted by a copyright owner to any other person. The owner can also transfer their exclusive power to anyone that they choose. As copyright offices do not have forms to grant the transfer of rights officially, this process is settled with the help of a contract. This contract will either be recorded by the

When an artist works for a company or creates content for said establishment, the ownership is usually given to the establishment instead and not to the creator. A scenario such as this is called “work for hire.” The copyright ownership is assigned to either the employer or the individual who commissioned the particular work.

Although it isn’t necessary to register original works in the Copyright Office, doing so has its benefits such as a clear public record of the ownership of the work. To file a lawsuit for copyright infringement, registration is required.

The registration can be carried out online through the electronic Copyright Office or eCO. This way, you’ll save time and money as well as keep track on the status.

Some things are filed instead as intellectual property that isn’t covered by copyright laws. An idea, procedure or technique can be protected using the patent law whereas names, symbols or titles can be trademarked.

It is always important to protect your work as you may have put your heart and soul into it. To have a deeper understanding of these laws or to determine whether your work qualifies for copyright protection, it is recommended that you consult a lawyer that specialized in intellectual property.

10 Common Questions Answered by Criminal Law Firms

September 7, 2018

We asked Criminal law firms in Your city 10 FAQ…

law

Q1: Who’s who in the local Australian court?

Criminal law firms your city: the set up of our courts is one of power dynamics. At the front and top of the room is the most respected figure, the magistrate.

The long bar table is where the lawyers sit. Defence lawyers, and police and prosecutors will be on opposite sides.

Right before the magistrate is the court officer on one side, court monitor responsible for recordings, and witness stand.

Q2: How should you behave in court?

Criminal law firms your city: court is nerve-wracking for the best of us. However knowing the etiquette, will mean less stress over how you should be acting…

These include but aren’t limited to being punctual, bowing to the Coat of Arms upon entering and leaving the courtroom, switching phones off, and not talking unless addressed by the magistrate.

Q3: How can you get bail?

Criminal law firms your city: one who’s determining bail must consider whether or not an ‘unacceptable risk’ to the community is at stake.

Q4: What’s at the Downing Centre?

Criminal law firms your city: find your essentials across the 7 levels…

Local courts – levels 4 and 5
District courts – lower ground to level 3
Jury assembly room and Drug Court Registry – lower ground
JP Desk – ground floor
Victims Services – level 1

Q5: What is the Drug Court Program?

Criminal law firms your city: involves 3 phases…

Initiation – detox and focus on getting physical and mental health back on track, through a case management plan that involves drug testing, counseling, and psych treatment.
Consolidation – continued refrain from drug use and other crimes, good health maintained, improvement in general life skills, and employment programs.
Reintegration – a stable home environment must be maintained as the participant rejoins the community. They must be working or doing positive activities, and must regularly visit the drug court

Q6: What’s different in district courts?

Criminal law firms your city: the set up along the bar table, and magistrate’s position are much the same. The court officer will however be on the far left, and court monitor on direct right of the magistrate.

Q7: Who can attend a court case?

Criminal law firms your city: generally, anyone is allowed to watch a court case. They are public. ‘Closed courts’ (for example with a child defendant) are however exempt.

Q8: What happens if you plead not guilty to the local court?

Criminal law firms your city: when the magistrate calls you up, attend the microphone and await to be asked what you intend to do. This is the time to say “I wish to plead not guilty, Your Honour”

The magistrate may set a defendant hearing for you at a later date in which you and your witnesses will be able to provide accounts of the event, along with cross-examinations of and by the prosecution.

Once the magistrate hears these along with closing submissions, they’ll decide then whether you are guilty. Alternatively ‘brief service orders’ may be requested.

Q9: What to wear in court?

Criminal law firms your city: no thongs, caps, casual t-shirt, etc. Dress conservatively and respectfully.

Q10: What about fraud matters?

Criminal law firms your city: there are different types of fraud offenses? These include but aren’t limited to credit card, tax, and cyber fraud.

There are different defences for each kind of fraud case. The most common fraud charge is that of one who deceptively obtains property that isn’t theirs. It was decided by parliament that this covers most fraud charges.

Driving Laws in the United States

August 20, 2018September 26, 2018

The thing that you should know when it comes to road laws is the fact that road rules in the United States vary from state to state. But for someone who’s not from the country, driving shouldn’t be a tight affair, especially if they’re from Europe as the signs are near identical. There are still some differences that you should be aware of.

The judicial system in America is extremely strict, and hence, the compensation fees can be extremely high. That is why you need to have insurance as even the slightest of contacts can destroy your life.

1. First come, first served at crossroads

When there are no traffic lights, the first vehicle to reach is generally allowed to go first. You also need to stop, rather than slow down, wherever there are stop signs. In the case of several cars in an intersection, make sure to keep track of who goes first and wait for your turn. This is the rule wherever there are no traffic lights.

2. Right lane is reserved for right turns

Make sure to give way for traffic to go right at a red light by not blocking the road. When there is a no right run sign specifically in the surrounding, it is an exception. This can also be in the form of a no right turn red light.

3. Speed Limit

The speed limit of each state, town or county is different from each other although most of them are in between 90km/h to 120km/h. If you approach a city or an intersection, it is advisable to slow down. Make sure you drive slowly in a school zone.

4. U-turns

The roads in the US are mostly divided into two, three or four parts with each section divided by a U-turn. These are kept for the driver’s convenience. But keep in mind that drivers from both sides use the same gap to get to the other side which is why it is important to drive with care when you’d like to take a U-turn. There are some areas where U-turns are prohibited. These areas will have a sign to help you.

5. Lanes and passing other vehicles

In double-lane roads, the lane to the left is reserved for overtaking whereas the lane to the right is reserved for slow moving traffic. But that is only what is on paper. People overtake wherever there is an option. In a three-lane road, the rightmost lane is reserved for trucks or vehicles that’d like to leave the highway.

A Guide on Rape Lawyers in Melbourne

Sydney Criminal Lawyers Can Help With All Legal Charges

Family Laws in the United States of America

Importance of shareholders agreements

Real estate agents face claims for recovery of commissions