Michael A. O'Hara PLLC, Attorney at Law
Michael A. O'Hara PLLC, Attorney at Law  

Criminal Litigation

Criminal Litigation includes drug and alcohol offenses, like possession, and distribution of controlled substances, and public intoxication , and Driving Under the Influence of drugs or alcohol. Criminal Litigation also includes theft, or wrongful disposition offenses like embezzlement. Criminal Litigation also includes assault and battery charges, from a simple assault to felony assault, and sexual assault or rape. Criminal Litigation involves a governmental entity, like a county, state, or federal government imposing a set of behavioral standards on the general society by punishing individuals, the government believes has acted outside those standards. Criminal Litigation always involves important constitutional rights of the accused. Often, when the government does not respect the rights of the accused, they are not permitted to punish.
 

CONSTITUTIONAL RIGHTS guaranteed by the Constitution of the United States apply to every defendant in every criminal case.These rights include, first the right to reasonable bail throughout the process. What is reasonable may change during the process. The right not to testify against yourself the right to a speedy and public trial by jury with legal representation at which the state must prove you're guilty beyond all reasonable doubt. The right to have counsel appointed if you cannot afford counsel. The right to confront and to cross examine all witnesses called to testify against you. The right to produce evidence. This includes the ability to compel the attendance of witnesses in your favor. And, the right to appeal your case to a higher court.

Driving under the influence is sometimes also called operating a motor vehicle under the influence, or OMVI. Since the mid-1980s, driving under the influence his carry significant social pressure. Enforcement, and changes in the law have been incentivized by grants of federal money. Commonly, DUI laws are Progressive--the punishments get more and more serious after each conviction, until a simple traffic offense can become felonious.

Drug and alcohol offenses include public intoxication. But, also include illegal possession and sales of alcohol, substances, and tools used specifically for their possession, or use. mainly identified in a list contained in federal law. This includes not only substances that are contraband everywhere, like Heroin, Cocaine and Ecstasy, but also substances that may have established and recognized therapeutic value, like OxyContin Percocet, and Marijuana.

Theft offenses include theft by unlawful taking, and theft by deception. Robbery is theft by force for the threat of force. Theft offenses also include burglary. Burglary is the unauthorized entrance into residence or place of business with an illegal intent. Commonly the illegal intent is an unlawful taking, but, other unlawful intentions are possible.

Embezzlement is the unlawful disposition of entrusted property. Commonly seen in the context of businesses, nonprofits, social, or charitable organizations. Often viewed ask, or termed "white-collar crime."

Assault his the unlawful touching of another. However, it includes the threat of imminent violence. To include such a threat, the threat must be unconditional, real, and immediate.

Felony assault certain factors can raise when I otherwise would be a simple assault to the level of a felony. Those may include a police officer victim; a deadly weapon; or serious, or permanent injury.

Sexual assault involves touching another with a sexual nature. Of course, touching someone sexually with consent is no crime. So, often the issue with sexual assault is whether legal consent was possible, or actual consent existed. Sexual assault includes acts short of intercourse, which may be defined as "deviant."

Rape is a kind of sexual assault where intercourse is involved.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    

 

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