Legal representation of your case in the court is very important. If you are trying to save some legal fees by not taking legal representation that is your attorney to the court, you will end up paying more amounts if you make a compromise with your rights and interests. The Commission notes the importance of legal representation as a means of enforcing rights. The Commission points out that ‘rights are useless unless the people who have those rights are aware of them, their significance, and how to use them effectively’. We would suggest that this view applies equally to the victim and the accused. The Commission further recognises that it is not the primary function of either the presiding officer or the prosecutor to act as protector of the victim’s rights.
Indeed, it is explicitly noted that there are times when the victim’s interests and those of the prosecution may substantially diverge, with the Commission stating that ‘the role of the prosecutor is not that of a legal representative for the victim’. This condition is applicable in special cases of crime done by the accused person. Furthermore, the adversarial nature of our trial process means that victims, as main state witness are often subject to gruelling cross-examinations by defence attorneys, charged with protecting the interests of their clients. Given that sexual offences are treated as a crime against the State and that neither the prosecutor not the presiding officer carries any responsibility for protecting the rights and interests of the victim, it’s not surprising that we see the levels of secondary victimisation that we do.
The Commission points to a number of instances where the victim’s rights or interests may be infringed upon throughout the criminal justice process. This can happen to anyone who is under trial. These include limited access to information from the time that the victim reports the crime through to sentencing, parole and release Inappropriate questioning from the accuse (both in terms of content and manner) during the trial And limited input at some crucial stages of the proceedings, such as bail and sentencing(which are very important), which can result in weakening of the case that is charged on you. We have, throughout our submission made a number of recommendations for improving the victim’s position. We believe that the presence of a legal representative charged with protecting the victim’s interests will substantially bolster the effect of both our recommendations and the many positive changes recommended by the Commission. This will help you as the case can take some remarkable turns in your favour and more is your possibility of winning the case than in the absence of any of your legal representative.
Divorce is a trying, tricky life circumstance to navigate. There are options for the DIY divorce, which appears to be cheaper on the surface, but there are some serious pitfalls. If your situation is acrimonious, difficult and hard then obtaining a divorce from your spouse could end disastrously. A divorce lawyer in Miami is the mediation you need to maintain your sanity.
Consequences of divorce affect every area of your life. Your finances (debt, income, tax status, credit), assets, and children (if you have children) will not remain untouched. Florida allows for divorce if the marriage in such a state of brokenness it cannot be fixed, or one of the spouses is mentally incapacitated- with certain prerequisites which must be evidenced in the proper documentation.
For the dissolution of a marriage in Florida there are some laws that are important to be taken into account, such as: you or your spouse must be a resident there for 6 months or more, if both parties agree to the divorce under the -irreconcilable differences- status and agree on division of assets the court need not be involved. However if one wants a divorce and the other does not, Florida courts have the right to order 3 months of marriage counseling before divorce proceedings can continue through the trial stage.
SAN DIEGO (Nov. 10, 2009) – Proposals by two San Francisco Bay Area legislators that would impose even harsher penalties against repeat drunken-driving offenders would be overkill, prominent local attorney Kerry Steigerwalt, owner of Pacific Law Center, told a television audience today. In an interview broadcast on KNSD, Channel 7/39, Steigerwalt said the criminal justice system and the state Department of Motor Vehicles already have measures in place to adequately punish repeat offenders. Steigerwalt was interviewed by KNSD reporter Gene Cubbison in the fallout of a highly publicized case in Northern California in which a Burlingame man still had a valid driver’s license when he was charged with his ninth DUI offense recently. State Senators Leland Yee and Jerry Hill told the San Mateo County Times that more laws are needed to automatically strip multiple offenders of their licenses. Steigerwalt told Cubbison that California already has some of the strictest laws in the country against repeat offenders and that judges and the DMV already can strip a repeat offender of their license for from three years to life. -There are adequate parameters in place within which to address the problem without getting into a 3-Strikes scenario,- said Steigerwalt. Steigerwalt, who has over three decades of criminal defense experience in San Diego County ranging from drunken driving to death penalty cases, said any new laws would be, at best, duplicative. -There would be constitutional challenges that would probably prevail,- he said. -Why should we spend this time imposing another law over one that already exists?-
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