Week 3 Criminal Charges with notesUpload.docx - Running head CRIMINAL CHARGES 1 Criminal Charges The concept of criminal charges refers to a formal

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Unformatted text preview: Running head: CRIMINAL CHARGES 1 Criminal Charges The concept of criminal charges refers to a formal accusation executed by the government agencies especially the police or the public prosecutor claiming that an individual has committed a particular crime. In most cases, the criminal charges are accompanied by a charging document that contains one or several criminal counts or charges that take different forms including citation, traffic ticket, information, incitement, and complaint among others. The filed charging document provides an initial step to commence a criminal case in a court. However, the process by which an individual is charged with a criminal offense and what usually occurs when a person has been charged changes from one nation to another, from State to State, or even from within a country. The paper aims to expound on different charges that Julia CRIMINAL CHARGES 2 needs to be charged and prosecuted by committing various crimes identified by the police while driving and because of the drugs and stolen properties found in her car. The criminal laws function differently concerning the kind of crime a State has charged the defendant with. Generally, every case contains its self-set of defenses that may apply, elements that define it, and various aspects that influence the sentencing of the defendant. However, every crime is unique and different in its means. Moreover, there exist broad kinds of crimes that share defenses and features. Therefore, it is essential to examine crimes in various categories to comprehend the defenses and laws that are involved. The Julia's scenario presents different types of criminal charges that need detailed evaluation to assist the government authority to execute prosecution with justice and fairness. Traffic Crimes and Offenses The violation of traffic rules and laws entail some illegal activities involving a vehicle or a motorcycle. The formulated laws and regulations handle violations such as speeding, careless and drunk driving or even violations grounded on the status or the condition of the vehicle such as the use of expired licensure (HG.org legal resources, n.d.). Globally, the local governments and States have enacted strict motor vehicle laws and codes along with traffic laws in the jurisdiction. However, not all traffic laws violations are judged equal of value in the eyes of the enacted rules and regulations. Therefore, the seriousness of a certain violation reflects the probable harm that can erupt from the activity. The Julia's action of operating while using an expired license puts the police in a difficult situation to identify her car after the dark. Therefore, the licensure violation builds an inconvenience for the involved police officer. However, the situation does not put pedestrians and other drivers at risk. For example, in the United States, the traffic enforcement agency may CRIMINAL CHARGES 3 punish Julia by imposing a fine, offer a warning or even provide a ticket that require application or renewal of the license. On the other hand, reckless driving is a serious traffic offense. For example, Julia drives at a high rate of speed of more than 20mph whereas the law bans driving vehicles at a speed that exceeds 20mph. Moreover, Julia is observed to change and swerve lanes without showing the relevant vehicle indicators violating the traffic signs and rules. Therefore, Julia needs to be charged with reckless driving, an action that can harm the safety of the pedestrians and other drivers. The Crime Against a Person The offense entails a wide array of criminal activities that mainly involve bodily harm, actions committed against an individual will, or even a threat of bodily harm. The offenses involving physical threat or damage include domestic violence, assault, and battery (Find law, n.d.). In addition, offenses such as stalking, harassment, and kidnapping are recognized as crimes against the individual. Therefore, Julia is involved in a felonious assault, and the NCIC has provided an arrest warrant because of threatening or may be harming a person using a weapon. Therefore, a person convicted of felonious assault like Julia can be punished for the imprisonment of some years, imposing a substantial fine or both because of using physical force against another person. The Drug Charges Internationally, particularly illicit drugs such as methamphetamine and cocaine are prohibited at both State and federal level. The significant restrictions include cultivation, manufacturing, distribution, possession, and trafficking of drug substances. In most nations, convictions entailing drug charges carry harsh sentences including imprisonment. However, sometimes the prosecutor may provide plea deals to lower-level culprits in exchange for CRIMINAL CHARGES 4 assistance with a broader case. Some countries have enacted health care marijuana laws that allow doctors to recommend the substances for particular sicknesses. Therefore, the physicians exempt qualified patients from criminal conviction concerning marijuana lined drug charges. However, some States have allowed the use marijuana for recreational purposes. The possession of drugs becomes a criminal offense when an individual unlawfully possesses illegal and controlled substances such as cocaine, heroin, and marijuana among others. For example, Julia is caught with possession of two kilos of cocaine in her car, a condition that violates the federal and State laws. The drug possession regulations and laws vary broadly from State to State or from country to country. Consequently, the concept of drug possession offense is generally the same and the prosecutor needs to prove without doubts that the possessed drug by the defendant is a controlled substance. Therefore, Julia would be charged with stiff penalties whether the drug was for personal use or the intention was to distribute cocaine. The use of marijuana has been prohibited in many nations because of its negative side effects on people. The continued use of marijuana results in violent actions and behaviors because of the changes in the functioning of the brain (Fields, 2016). For example, the reckless driving by Julia and over speeding may be because of influence by the use of cannabis sativa. The strong odor of marijuana coming from Julia's vehicle is a shred of evidence that she was driving while smoking, an act that could have led to reckless driving and assumption of traffic rules and signs. Therefore, Julia needs to be charged with the use of controlled substances as well as violating the traffic rules because of the influence of the drugs. The drug trafficking or distribution regulations and laws penalize the illegal selling, transportation, and import of controlled substances such as heroin, marijuana, methamphetamines cocaine, and other unlawful drugs. The punishment for the distribution of CRIMINAL CHARGES 5 drugs varies widely depending on various factors such as amount, type of controlled drugs involved, geographical region of distribution, and whether the drug dealer target children in the community. Therefore, there has been an outstanding warrant to arrest Julia for drug trafficking, and the identification of cocaine and marijuana in her vehicle is a clear indication that she is involved in the distribution of illegal drugs. In addition, drug trafficking may lead to sentencing Julia to a couple of years or life imprisonment if found guilty by the court. The Weapon and Financial Crimes The possession of unauthorized and illegal weapons in the hands of citizens is unlawful and need to be monitored to mitigate actions such as terrorism, assault, and violence with robbery. For example, Julia is found with a loaded handgun in her vehicle and a significant amount of money as a form of money laundering without the use of legitimate channels to locate the source of funds and the taxation procedure used by the government. Therefore, money laundering and possession of a gun may make Julia to be sentenced for a couple of years in jail or even suffer life imprisonment. In addition, Julia is involved in identity theft. The identity theft happens when an individual illegally uses another person's identification information such as date of birth and social security number to commit crimes such as credit card fraud. For example, Julia is involved in credit card fraud, an incident that is evident because she is found with a credit card that bears another person's name (Coursebook notes, n.d.). Consequently, receipts are recovered that shows a transaction that was carried a day earlier before her arrest. Therefore, the illustrated criminal activities are evident enough to help in initiating a charging document that will assist in carrying out a conviction against financial and identity theft. Property Crimes CRIMINAL CHARGES 6 The property crime entails various common criminal activities that relate to theft and destruction of an individual property. Therefore, the criminal activities range from small felonies such as vandalism and shoplifting to big offenses such as arson and armed robbery. Some of the crimes such as burglary does not need the criminal to make off with the stolen commodities, threat or harm the victim but requires illegal entry of the offender with the intention of committing a crime. Moreover, another type of property crimes requires the actual taking of property or money. Consequently, other crimes such as robbery need the presence of a victim during the time of the offense. Most of the property crimes entail a spectrum of degrees relying on various factors including utilization of arms or forces, amount stolen in theft-related cases, and potential bodily injury in the destruction of property offenses such as arson. Therefore, Julia's case is a burglary case that involves unlawful entry into a closed structure, or a home may be by coercing or force. The offender may enter someone's residence with the aim of stealing property or committing any other form of crime. For example, Julia is found with a diamond necklace and a stamp collection that matches the description of stolen property from someone's home on the previous night before the day of arrest (Coursebook notes, n.d.). Therefore, Julia is liable to face prosecution because of the evidence that would help the law enforcement agency to convict her of the committed crimes. The Offenses That Need to be Referred to an Assistant United States Attorney In America, the Attorney's office provides a position of Assistant District Attorney to provide services in the criminal division (USA jobs, n.d.). Generally, the office of U.S. Attorney delivers a challenging and unique experience for the motivated persons interested to serve in the public service concerning criminal offenses. Therefore, anyone working in the Attorney's office CRIMINAL CHARGES 7 becomes part of the team that assists in enforcing and enacting federal criminal regulations and laws to protect liberty, life, and property. In the United States, the District has the mandate to prosecute a wide range of federal criminal offenses. In the Criminal Division, the Assistant Attorney in America has the role for the investigation and prosecution of federal cases including drug crimes, firearm offenses, organized crime, terrorism, and human trafficking among others criminal cases. Consequently, the U.S. Attorney prosecutes all civil and criminal cases presented by the local government and defends the country when it is involved in a civil case. The qualified applicants working in the Attorneys Office in the United States are expected to help the government law enforcement agencies in implementing and structuring criminal investigative strategies and plans. Secondly, the applicants are supposed to participate in jury proceedings as well as the presentation of witnesses before the jury. Thirdly, the applicants have the responsibility of prosecuting cases of average to high complexity from commencement to finish with little or no supervision. The Julia's scenario presents some of the criminal offenses that need to be referred to the Assistant Attorney of the United States. The drug trafficking of controlled substances such as cocaine and the felonious act of trafficking drugs are great cases that need to be presented in the grand jury for prosecution by the Attorney. Moreover, the possession of a loaded gun is a significant criminal case because the weapon threatens the life of other people when used in the robbery and may be in terrorism cases. However, the other criminal offenses committed by Julia such as traffic laws and regulations are minor cases that need not be presented in the grand jury. Importance of Hiring an Attorney CRIMINAL CHARGES 8 The imposed penalties for criminal offenses are mainly found in the criminal law and code. However, the sentences provided by the judge vary broadly depending on various factors. Therefore, Julia's action of requesting for an Attorney who may be familiar with the circumstances and facts of her case, background, nature of the criminal case, and the court would easily understand available defenses and the necessary steps to gain a satisfactory resolution. Therefore, hiring an Attorney would provide an opportunity for disposition of the case, an alternative sentence or even a plea to a lesser charge. In conclusion, criminal activities are a threat to the safety and security of people in the community. Therefore, the criminal offenses need to be mitigated to help in improving the wellbeing of the society. Moreover, criminal cases presented in the courts need to be handed with justice and fairness to seek satisfaction and compensation to the victims of the offenses. The State and federal governments have the enormous task to prevent criminal offenses and effective prosecution of the offenders based on the presented evidence. CRIMINAL CHARGES 9 References Fields, D. (2016). Marijuana use increases violent behavior. Retrieved from Find law, (n.d.). Crime against the person. Retrieved from HG.org legal resources, (n.d.). Traffic violation law. Retrieved from USA jobs, (n.d.). Assistant United States Attorney. Retrieved from ...
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  • Spring '16
  • criminal law, Julia

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