The Protection of National Security Information in Australia – a Criminal Lawyer’s Guide

In 2003, Australian federal Parliament referred the issue of protection of national security information to the Australian Law Reform Commission (‘ALRC’). The referral was in broad terms, including that the ALRC evaluate existing mechanisms preventing the unnecessary disclosure of classified material or security sensitive material in the course of criminal or other official investigations, and ‘consider the need for regulatory measures designed to protect classified information or security sensitive material in the course of criminal investigations and proceedings.’ The ALRC published its Report Keeping Secrets: The Protection of Classified and Security Sensitive Information in May 2004; a chapter of recommendations related to the enactment of a National Security Information Procedures Act ‘to deal specifically and solely with the protection of classified and sensitive national security information in court, tribunal and similar proceedings.’ The National Security Information (Criminal Proceedings) Bill 2004 (Cth) and the National Security Information (Criminal Proceedings) (Consequential Amendments) Bill 2004 (Cth), were initially introduced into Parliament five days before the Report was due to be provided to the Attorney-General. In June 2004, the Bills were referred by the Senate to the Senate Committee for inquiry and report. Notwithstanding the Senate Committee’s recommendations that the courts’ discretion under the proposed legislation should be amplified in order for the legislation to survive a constitutional challenge, the Bills were reintroduced in November 2004 with modest amendments and commenced operation as the National Security Information (Criminal Proceedings) Act 2004 (Cth) (‘the Commonwealth Act’) and the National Security Information (Criminal Proceedings) (Consequential Amendments) Act 2004 (Cth), on 11 January 2005. The decision to introduce the Bills five days before the ALRC report was due to be delivered to the Attorney-General is curious, as the ALRC was only able to note the provisions of the Bill without evaluating and comparing those provisions with its own recommendations. The ALRC noted that the Bills’ focus (ie federal criminal proceedings) was narrower than the ALRC’s Terms of Reference. That focus, however, was squarely within its Terms of Reference and was covered by the ALRC in both its 2003 Background Paper, and its 2004 Discussion Paper. The Act, at least, was consistent with the ALRC’s recommendation that an Act be enacted that dealt solely with the relevant processes. The Senate Committee, commenting upon the National Security Information (Criminal Proceedings) Bill 2004, reported that the ALRC had advised it that the Commonwealth Government did not consult it during the drafting and preparation of the Bill. The ALRC Report is comprehensive. There were substantial differences between the recommendations made by the ALRC that dealt with the parts of the proposed Act dealing with federal criminal proceedings, and the Commonwealth Act. The Commonwealth Act was amended to confirm that it applied to proceedings initiated before its commencement if the prosecutor gives notice in writing to the defendant and the court that the Act applies to the proceeding (though only to the parts of the proceeding that take place after the notice is given). On 3 August 2005 it was retitled the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) and its ambit was extended to cover civil proceedings as well as federal criminal proceedings. Published at: https://www.isnare.com/?aid=633783&ca=Legal

Hiring a Criminal Lawyer: A Simple Guide to Protecting Your Rights

If you’ve been charged with a crime you have options. There are a number of things to look for when interviewing a criminal attorney and you should never be afraid to ask questions. Read on for some tips on what to look for in a lawyer. Dealing with the legal system can be an overwhelming process. If you’re inexperienced, trying to represent yourself can cause delays in or even affect the outcome of your case. The best way to protect yourself is to hire a criminal defense lawyer. Great–where do I find one of those? Asking friends and family members for recommendations is a good way to start looking for a reputable defense attorney. Check if your state bar association has a lawyer referral service. You could also search for lawyers online or in the Yellow Pages. As a general rule, it’s not recommended to hire a lawyer you see on a TV ad. So how much is this all going to cost me? Price will depend on a number of factors, mainly the difficulty level of your case and the lawyer’s standard rates. The best way to find an accurate estimate is to meet with an attorney. Although meeting with an attorney does not require you to hire him, be aware that some criminal lawyers charge an initial consultation fee that you are required to pay even if you choose not to hire the lawyer. If your lawyer charges an hourly rate, it may be a good idea to ask for a maximum fee. I have a low income and don’t think I can afford representation. What can I do? Check into a ‘legal services’ office in your town, which may offer reduced costs. In special cases, lawyers may offer their services “pro bono” which means they won’t charge a fee, but be wary because this does not mean no other case fees will arise. Also, you can negotiate the price a criminal lawyer quotes, but don’t rely on this method because willingness to negotiate varies between lawyers. I’ve made a consultation–what questions should I ask? You’ll want to ask your lawyer any questions you have that are specific to your case. Here’s a few basic questions to start with. –What areas do you specialize in? –Have you handled similar cases before? If yes, how many and with what outcomes? –How long will the entire legal process take in this case? –How much will my case cost? –What can I do to help my case, or help you handle my case? –Will you regularly update me on the progress of my case? –If I have a question, how long will it take you to get back to me? –Have you ever been suspended from practicing law? If so, why? –In the case of an emergency, will I be able to reach you after hours? Hiring a defense attorney doesn’t have to be overwhelming. Remember that your lawyer works for you, so don’t be afraid to ask all questions you may have. With enough preparation and the right criminal defense lawyer, your legal experience can be a positive one. Published at: https://www.isnare.com/?aid=576707&ca=Legal

Criminal Background Searches – A Definitive Guide

Crime rate is on the rise and criminals are on the loose. This world is hardly a safe place. Before, when crimes were confined outsides the streets, we feel a degree of safety after we arrive at home or we have gone to our workplace. But nowadays, it is a different scenario. This is because these criminals may be the very people whom we let in our house or whom we work closely with in the office. Criminal Background check are some of your best defenses against these kinds of people. This is especially true for employers who own companies and want to hire people who can help them run and operate the business. Because trust is a major issue in whatever company or business there is, it is very important to ensure that the person you are hiring has not been involved with any criminal case in the past. What is a criminal background search? A criminal background search is a type of investigation that reveals whether or not a person has any criminal records. This is probably the most important part of a background check, which supplies other kinds of information such as educational records, employment history, driving records, medical records and many others. Who provides this kind of service? Criminal background checking is done by firms and companies who specialize in background searches. With the advent of modern information technology, particularly the Internet, we have seen a proliferation of online companies that provide such services for a minimal price. . How is this process done? First, an employer seeks help from a background checking company. This company may require that the applicant give consent on the background checking so the employer may ask the applicant to sign a waiver for this purpose. After this has been completed, the employer will be asked to provide the following information about the applicant: full name, date and place of birth, former and current addresses, aliases, last employment, name of spouse, driver’s license number, name of parents and name of school attended. The next step after this is the criminal background search that the company will conduct. As a result, the company may stumble upon any criminal charges, and information about the cases such as disposition and date of case. This will then help you decide if the criminal offense is grave enough for you not to accept the applicant in your company. Cases especially those that have to do with fraud, violence, sexual abuse, and stealing are some of the things that you surely would not want to involve your company with. On the other hand, little offenses like a few speeding tickets may be quite forgivable. Of course, it is still up to you as the employer. How much is the fee for a criminal background search? The fee varies from one company to another so it is best that you are able to shop around so you will be able to find one who will give you the most reasonable price. However, it is also important that you ensure the company’s efficiency and accuracy. Criminal background search is an essential part of the hiring process that should never be ignored or overlooked. Remember, it is always better to be safe than sorry. Published at: https://www.isnare.com/?aid=341240&ca=Business+Management

Expunge Criminal Records – An Expert Guide

Expungement of criminal records is the process of clearing an individual’s records of a crime committed. There are several other terms used to describe the expungement of criminal records. Often, it is used in correlation with sealing, destruction, or return to the subject of individual criminal records kept by government agencies. Expungement of Criminal Records – An Overview To expunge criminal records is to involve a trade-off between competing interests. An individual would like to pursue employment, housing, or other major life activities without the stigma of an arrest record or a record of conviction. On the other hand, society has an interest in maintaining criminal records histories for purposes of future crime investigations and in order to make hiring, rental, and other decisions about individuals. Statutes and cases reflect the tension between these interests. There are ways for you to expunge your criminal records. In reality, by statute and by inherent judicial authority, criminal records may be expunged. What is Expungement of Criminal Records? Expungement of criminal records can mean to seal or destroy these records, or return it to the subjects of the records. The exact remedy in a given situation depends on statutory provisions or the court’s interpretation of its inherent power. How Criminal Records are Expunged Although states generally differ in how they expunge records, by most statutes, arrest records held by law enforcement must be returned to an arrested individual if proceedings are determined in the individual’s favor before specified stages of the criminal justice process. This means that the individual has the right to have his criminal records of arrest expunged if no further evidence is found incriminating his involvement in the crime in question and if no other criminal justice action is pursued. Also by statute, criminal records held by any criminal justice agency will be expunged or sealed by court order – but not returned or destroyed. This action is often done if an individual was convicted in a kind of case covered by the specific state statute or had proceedings resolved in specified ways that fall short of conviction. Therefore, any criminal records of court filings created in a case where no conviction was made or in a case where the crime in question falls under the category specified under the statute may be expunged or sealed by the presiding court. Finally, the courts have held that they have the power to require the sealing or expungement of judicial branch criminal records. Also, to a more limited degree, they may exercise this power of expungement on criminal records held by other branches of state government. Find Anyone, Anywhere, Anytime… Dig Up Dirt on Anybody… Even Uncover Secrets and Closely-Guarded Information… Plus, Do It All Legally and Without Anyone Ever Finding Out! Visit the Criminal Background Check site for more information. Published at: https://www.isnare.com/?aid=53751&ca=Computers+and+Technology

Expunge Criminal Records – An Expert Guide

Expungement of criminal records is the process of clearing an individual’s records of a crime committed. There are several other terms used to describe the expungement of criminal records. Often, it is used in correlation with sealing, destruction, or return to the subject of individual criminal records kept by government agencies. Expungement of Criminal Records – An Overview To expunge criminal records is to involve a trade-off between competing interests. An individual would like to pursue employment, housing, or other major life activities without the stigma of an arrest record or a record of conviction. On the other hand, society has an interest in maintaining criminal records histories for purposes of future crime investigations and in order to make hiring, rental, and other decisions about individuals. Statutes and cases reflect the tension between these interests. There are ways for you to expunge your criminal records. In reality, by statute and by inherent judicial authority, criminal records may be expunged. What is Expungement of Criminal Records? Expungement of criminal records can mean to seal or destroy these records, or return it to the subjects of the records. The exact remedy in a given situation depends on statutory provisions or the court’s interpretation of its inherent power. How Criminal Records are Expunged Although states generally differ in how they expunge records, by most statutes, arrest records held by law enforcement must be returned to an arrested individual if proceedings are determined in the individual’s favor before specified stages of the criminal justice process. This means that the individual has the right to have his criminal records of arrest expunged if no further evidence is found incriminating his involvement in the crime in question and if no other criminal justice action is pursued. Also by statute, criminal records held by any criminal justice agency will be expunged or sealed by court order – but not returned or destroyed. This action is often done if an individual was convicted in a kind of case covered by the specific state statute or had proceedings resolved in specified ways that fall short of conviction. Therefore, any criminal records of court filings created in a case where no conviction was made or in a case where the crime in question falls under the category specified under the statute may be expunged or sealed by the presiding court. Finally, the courts have held that they have the power to require the sealing or expungement of judicial branch criminal records. Also, to a more limited degree, they may exercise this power of expungement on criminal records held by other branches of state government. Find Anyone, Anywhere, Anytime… Dig Up Dirt on Anybody… Even Uncover Secrets and Closely-Guarded Information… Plus, Do It All Legally and Without Anyone Ever Finding Out! Visit the Criminal Background Check site for more information. Published at: https://www.isnare.com/?aid=53751&ca=Computers+and+Technology

Guide to Understanding a Criminal Lawyer

The legal system is often misunderstood by many. Due to the enormous amount of codes, regulations, stipulations, orders and others, most lack the full understanding of what it fully entails. Fortunately, most people will never have to be intertwined in any form legal proceeding. On the other hand, millions of people each year have been impacted by such. When in need of counsel, some might find hiring a criminal lawyer to be their best option. There are various reason why one might feel the need to hire an attorney or counsel. Furthermore, there are also more than one type of law and practice. All forms of legalities are superseded through the functionality of Civil or Civilian law. The Civil Law system is a system known to be acquired and influenced by the Roman legal system. This is important being that many of today’s modernized nations statutes were influenced by Grecian, Roman and other historic cultures. Many have had to engage in civil law suites and proceedings. Most of the time, these proceedings are overseen by a judge or judges in order to gather information regarding an incident, fraud or misunderstanding. Furthermore, most civil cases are centered around a financial judgment. On the other hand, Criminal Law is the total opposite. Criminal Law is centered around the entire criminal body of law. One of its goals is to monitor and restrain those interested in disobeying said laws. In addition, punishment is usually associated with the breaking of them. Sentencing is determined based on a variety of statutes. This form of law has a variety of punish-mental objectives. These objectives include Retribution, Deterrence, Decapacitation, Rehabilitation and Restitution. Being widely accepted, these five objectives are avenues for law enforcement. Let’s take a look at them. Often relating to the theory of “righting the balance”, the ideology of Retribution seeks to make criminals suffer for wrongdoings. It’s desire is to inflict a proper due punishment upon said criminals due to them having taking improper advantage of the system. An example would be believing that a murderer deserves the death penalty. On the other, Deterrence is often aimed at a specific offender. Incapacitation is designed to remove criminals from our society. This way, public residents are protected from their behavior. A prison sentence is the most prevalent form of Incapacitation. On the other hand, Rehabilitation is aimed at transforming offenders into productive members of society. This is usually done through convincing the offender to change their behavior due to its wrongness. Restitution is centered around the victim. It’s goal is to allow the victim to inflict hurt upon the offender. Making an embezzler repay the amount of money embezzled, is an example of this theory. In many ways, this theory is highly similar to civil proceedings. When a crime has been committed, most offenders are afraid, confused and dismayed. Statistics show that due to a lack of financial means, most criminal offenders choose to hire a court appointed lawyer. On the other hand, many have chosen to hire a private criminal lawyer. Published at: https://www.isnare.com/?aid=928613&ca=Legal

Criminal Lawyer in Vancouver for Defending Open Soliciting Charges

Prostitution is not entirely illegal in Canada. The law restricts neither sex worker nor their clients. However, there are certain conditions on which people would trespass on the wrong side of the law. One of the major misconducts is soliciting in public places. Offences in bawdy houses, generally the brothels and pimping that includes procuring and living on the avails of a prostitute are also dealt under criminal law in Vancouver.

“Soliciting” and “public places” are defined in Section 213, entitled Offence in Relation to Prostitution, under Part VII of the criminal code, dealing with Disorderly Houses, Gaming and Betting:

1. Every person who in a public place or in any place open to public view
a. stops or attempts to stop any motor vehicle,
b. impedes the free flow of pedestrian or vehicular traffic or ingress to or egress from premises adjacent to that place, or
c. stops or attempts to stop any person or in any manner communicates or attempts to communicate with any person for the purpose of engaging in prostitution or of obtaining the sexual services of a prostitute is guilty of an offence punishable on summary conviction.

2. In this section, “public place” includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view.

Procuring is elaborately explained in Section 212 and those related to bawdy houses in Section 210. In Vancouver, criminal lawyer suggest the individuals who are charged under these sections should take recourse to professional legal action. It is essential because they might lose a range of liberties. This could imply that they are prohibited from entering into certain parts of the city. The criminal law might even compel them to undergo therapies.

The criminal lawyers are helpful for precautionary measures because they can help in avoiding a criminal charge. There are further implications of such a charge. The defendants would be convicted to a jail term, they would have to pay penalties or they would be put on probation. The legal professionals can guide them in procedures and in steps like pleading not guilty. This last step, for example, would allow access to the evidence.

If individuals are caught on the wrong side of the law for soliciting on the street, it is crucial for them to acquire necessary legal assistance. Above all, the law clearly mentions what is and what is not included and implied in such charges.

Anybody who has been charged under the criminal law in Vancouver for soliciting on the street should seek legal representation. An experienced criminal lawyer in Vancouver would be able to guide them through complex legal processes for the best result.

Article Source: http://EzineArticles.com/expert/Jerry_Jovan_Kobe/1385847

Article Source: http://EzineArticles.com/7623004

Qualities Desirable in a Criminal Defense Lawyer

A criminal defense lawyer is an integral part of any criminal case procedure. He is a qualified defense attorney to represent individuals charged of any criminal case. He is responsible to ensure that the accused gets the right treatment from law.

He is responsible to bring the facts before a court of law. He needs to represent the accused in order to give argument on behalf of the accused and help a wrongly accused person from legal punishment. Hence, he should be a highly experienced person with years of experience in a specialized section of law. He should be well-versed with the laws of the State and provide guidance to the accused in a case.

There are various criteria on which a criminal lawyer is selected. Mostly people search for reputed defense attorneys with years of experience and a successful track record over the years. Some of the qualities desirable in him/her are elaborated below:

Passion
A defense attorney should be passionate about law and should strive hard to ensure fair trial and justice for the client.

Confidence
It is necessary to possess confidence for representing individuals in court of law. Lawyers with high confidence make good defense options.

Upfront
He should upfront in raising questions and taking initiative in the legal proceedings. He should be available at all times to support and guide his client.

Well-versed with jurisdiction
He needs to be well-versed with the legal proceedings to offer proper assistance in criminal cases to the clients in order to ensure no loopholes in the legal procedure.

Friendly and well-connected
A good criminal lawyer is always well-connected and holds strong ties with legal authorities, police and other authoritative persons.

Experienced
He needs to hold years of experience in criminal law services and should have handled certain special cases and specific domains as well.

Criminal Lawyer Vancouver | Criminal Law Vancouver

Article Source: http://EzineArticles.com/expert/Samm_Decosta/620674

Article Source: http://EzineArticles.com/4341749

Use These Tips To Find A Very Good Criminal Attorney

Serious crimes can be handled with ease only by a good criminal lawyer. When we say serious crimes, it can be anything ranging from money laundering to murder or drug offences.

It is human to make mistakes, or at other times you may be accused of a crime that you may not have committed. In either case it is vital that you have the necessary help that ensures support throughout. It is important that you have somebody who knows about the offence and will work towards freeing you of all charges. An experienced criminal attorney will be completely aware of all the intricacies and will be there to help you from the start to the end. The attorney stays with you and guides you from the time you attend the interview with the police till the time of appeal.

The criminal lawyer needs to be fully aware of everything with regards to the case and this is why you need to be vigilant when choosing the attorney. Working very closely with the professional will get you more acquainted and comfortable working with them. This helps in the formation of a professional relationship. Doing proper research at the time of selecting the attorney will reduce the need to repent later on.

You can start your search online and identify a lot many attorneys closer to your location and few who are located far off. The websites of these attorneys should be able to clearly indicate if the attorney is experienced with cases similar to that you are charged with. If you are lucky you would be able to find reviews for the lawyers, however the chances are remote because criminal law is private.

Equipped with this information you can then get down to shortlisting a few. You can then try contacting the attorneys shortlisted by calling them. It is highly possible that the attorney may not be available and if so you can schedule an appointment for a meeting. Using this opportunity to enquire about the rates is also a good move.

The probabilities are that you would be spending a lot of time with the attorney and so it is vital that you form a very good relationship with them initially. You would be made to feel at ease even during uncomfortable situations if you choose an experienced attorney.

Doing it yourself is a very wrong decision in situations where you are due to face criminal charges and proceedings. The issues arising may be sudden and you would need an experienced lawyer on your side to handle those situations. With the huge number of criminal lawyers around you wouldn’t have a problem finding a suitable one.

Call criminal law attorney California and be sure to be saved. Contact us for any criminal issues.

Article Source: http://EzineArticles.com/expert/Rajesh_B_Sanghvi/1284637

Article Source: http://EzineArticles.com/9292803

Criminal Attorney Guide

Las Vegas is known as America’s playground. Millions of Americans come to Las Vegas every year to enjoy the casinos, the nightlife and all the glamor and excitement this vibrant city has to offer. Sometimes, however, things go wrong. If you or someone you know has been arrested or faces arrest in LV, Nevada, you need to get a good Las Vegas Criminal Attorney fast.

If it is your first time having to face the law on criminal charges, you will not know what to do. Innocent or guilty, you have the constitutional right to the attorney of your choice. Because of the vital importance of your situation, it is equally importance to obtain the services of an experienced, local attorney.

Any lawyer will tell you that local knowledge and connections are important. Your criminal defense attorney must be able to act fast on your behalf. For this reason, you are better off contacting a Las Vegas, Nevada Criminal Attorney first. If you have legal counsel elsewhere, they can be contacted later, if necessary.

Whatever the severity of the charges, although you are legally entitled to defend yourself or have a court appointed attorney act on your behalf, either of these options can have devastating results. Get a qualified, local attorney to help you and you stand the best chance of getting a favorable result.

A good criminal lawyer will have experience with a large spectrum of criminal charges. In Las Vegas, they often represent a unique type of client – the client who has been charged with attempting to defraud a casino. The casinos take these charges very seriously and will attempt to have even minor cases of fraud prosecuted to the full extent of the law.

Las Vegas is also a place of heightened emotions, both good and bad. If you or someone you know has been arrested for assault or assault and battery, you will need the services of a LV criminal attorney. The first thing he will do for you is post your bail. After that, he will be at your side every step of the way, to ensure that you get the best defense available.

In the State of Nevada, even a first offense can incur a stiff penalty. Your first offense could earn you up to six months in Clark County Detention Center if you are convicted. You will also face fines and court costs and be obligated to perform up to 120 hours of community service. Your defence lawyer will do everything in his power to have your case dismissed. If that is not possible, he will argue for the lowest term of incarceration he can possibly get for you.

A competent Las Vegas Criminal Attorney will have experience in criminal law ranging from traffic violations to the most serious accusations of violence. He made a pledge from the time he got his license to practice law to defend his clients to the full extent of the law. Your best defense is his only concern. If you or someone you know has gotten into trouble with the law in Las Vegas, the first thing you should do is contact a criminal attorney. Remember, it is your right as a citizen. Exercise that right and know that your case is in good hands.

Being arrested for a crime is a very scary thing to go through. In Las Vegas, there are many law firms that specialize in Las Vegas criminal defense. When selecting an attorney it is a good idea to talk to several and try to go with the best one.

Article Source: http://EzineArticles.com/expert/Amitesh_H_Kumar/605867

Article Source: http://EzineArticles.com/4492050