Crime Attorney Articles

Consolidated Courts

Sep 12, 2011
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To thoroughly understand the process of conducting “real” criminal records background checks it is necessary to have a rudimentary understanding of the structure of the court system in the state where the search is conducted, especially with respect to consolidated courts and how criminal records are kept and dispersed.

The very simple definition (by me) of a consolidated court is one where the Superior or District or Circuit court clerk’s office keeps and disperses records of that court and all related courts in that county (and only that county or district). What this means is that, for the purposes of searching for criminal records, one has to search in only one place per county. Prior to consolidation of the courts if someone wanted to search for criminal records of a person and they did not know where specifically to search, the researcher would have to search all lesser or outlying courts in a particular county or judicial district for those records.

For example: By my count, Los Angeles County has 40+ courts from Catalina Island to Pomona and from Santa Clarita to Long Beach. Prior to court consolidation you could get felony case information at the superior court in downtown Los Angeles, but if you wanted misdemeanor or infraction information you had to either guess which lower court to check or check them all, and that would involve physically going to each court to conduct the search. As you can imagine very few misdemeanor and infraction records are discovered in a system such as that.

However, since the courts were consolidated in 2000 a court researcher looking for criminal records has to look in only one place; LA Superior Court in downtown LA, not 40 different locations in the same county. In fact, a court researcher can go to any of the 40+ courts and access the records of all of the courts and get all of the criminal information including infractions like traffic tickets, misdemeanors and felonies.

Some states are not consolidated. In several states, such as Mississippi, Massachusetts, Montana and Wyoming the courts are not consolidated. The result is that searching for records one is, in most cases, only going to retrieve information on felony cases only because the search is being conducted at the highest level court in the county and the records are for that court only. Most lesser crimes such as traffic infractions and misdemeanors are adjudicated in the lower courts. These Municipal, Justice or Chancellery courts also handle things like small claims and other minor civil court cases.

Remember the following regarding records searching:

1. Juvenile court records are almost always sealed and unavailable.

2. In states where records are searched by county and not statewide (such as California) each county Superior Court has records of that county only. The subject of your investigation could be an axe murder from the adjoining county, but your county court would not have a record of it.

3. Some states Like New York have statewide conviction only criminal history databases.

4. Other states like Georgia and Michigan have and even more restrictive felony convictions only databases. (This is the kind of info you get in those “Instant Nationwide” database checks).

5. Different states have different names for their main county courts. In most states it is called Superior Court. In some remote areas of the country a Circuit Court may be the highest court in a district that may encompass more than one county. The name is a holdover from the days when a judge traveled on horseback to courts in each territory.



Originally published here.

Kit Fremin

➠ Dallas Criminal Attorney » The Right Way To Improve Your Odds Of Being Successful in Court

Sep 12, 2011
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Hire the Most Qualified Dallas Criminal Lawyer!

When you’re going to court, it generally is not because you WANT to go, but rather you HAVE to go. If you are going in for a criminal defense, it would be in your best interest to be well prepared and informed BEFORE you enter those doors. The following are guidelines that are highly suggested that you follow in order to have an effective time in court and put the odds better to your favor within the eyes of the court.

Dress Code

When in court it really is in your very best interest to look your very best for the judge, jury, prosecutor, and oneself. It emotionally helps you in the courtroom with your case and can help to increase your odds of winning should you look like you’re serious about the proceedings and play the part.

People who go to court in shorts and flip flops will not receive the identical treatment that a person in a suit or nice dress might receive. It looks, at least to the court, that you have absolutely no interest in being there and that is definitely considered disrespect towards the court.

The following is proper dress code for the sexes:

For Women

A nice dress or women’s business suit. At the minimum, a blouse and a skirt which is NO MORE THAN two inches above the knee.

Panty hose

Dress shoes or heels

Hair neatly groomed

Jewelry: Same as for men. A ring and a watch. Nothing else.

Perfume: Again nothing that’s too strong and do not bathe in it. No one wants to smell you!

Nail Polish: Keep it simple. Colors that are not acceptable are neon’s and brightly colored nails. If you can avoid it, don’t wear any sort of polish beyond a clear coat or perhaps the French manicure is suitable.

Again, the idea here is you will need the judge and any other individuals deciding your fate to look at you with as much respect as possible regardless of what you are in the courtroom for.

For Men

A dark suit is preferred. If a suit isn’t available, then slacks and a white shirt and tie at the minimum!

Dress shoes (NEVER WEAR SNEAKERS IN A COURTROOM, PERIOD)

Hair well groomed and neat. In the event you have long hair, make sure it is tied back and combed back.

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Don’t bathe yourself in strong cologne. This is not a club and no one would like the distracting smell of another in the courtroom.

Jewelry: one ring (wedding band) and a watch, in the event you have either.

The point here is you will need the judge and any various other people deciding your fate to look at you with respect no matter what you are in court for.

In the courtroom listed here are suggested as far as conduct and procedure are concerned:

Only answer questions that you are asked in a direct manner.

Example:

Prosecutor: “Do you have the time?”

YOU: “Yes.”

Prosecutor: “What time do you have?”

YOU: “11:00 a.m.”

In this example you had been asked a question, and the response was EXACTLY what should have been given. Never volunteer information without first consulting your attorney about this ahead of time. Prosecutors exist to trip you up and get you to admit important things in order to aid their case, and they are generally professionals at what they do. Do not help to make it easy for them. They are NOT your friend, and they do not have your very best interests at heart 110% of the time.

When sitting in the courtroom do not put your elbows on the tables at any given time. Sit up straight and look attentive at all times, unless you are injured somehow. Slouching is a sign that you don’t care about what is going on and you’d rather be home or doing something else and the court will treat you that way but not in your favor. Pretend you’re on TV in front of the world and you have to look your very best.

Language

This is possibly the most abused item in the courtroom besides dress. Again you need to remember you are not at a social gathering with your friends. You’re in a courtroom. If it is a criminal matter, someone is looking for grounds to put you away. DON’T Provide THEM ONE! Speak English as correctly as you are able. Usage of slang isn’t going to help you in any way.

The judge isn’t your “bro”, he is your honor. The D.A. or Prosecutor is not an old pal, and should be addressed as sir.

Additional Etiquette

Be punctual.

Do not speak during the proceedings while court is in session.

Do not bring books to read or magazines.

Don’t wear a hat in a courtroom EVER!

Don’t wear sunglasses unless you have a condition that is medically shown to hurt your eyes in light.

Remain in attendance until excused. All individuals sitting before the bar shall stay there during every session and return after recess. Parties and counsel must stay in attendance during jury deliberations; absence waives the right to attend the return of the decision.

Dress with pride.

Address others only by their titles and surnames, including lawyers, witnesses, and court personnel.

Avoid approaching the bench. Counsel should anticipate the necessity for rulings and discuss them when the jury is not seated. Whenever a bench conference is unavoidable, obtain permission first.

Hand to the clerk, not the judge or reporter, all things for examination by the judge.

Stand when the judge or jury enters or leaves the courtroom.

Conduct no experiment or demonstration without permission.

Make no side-bar remarks.

Request the use of easels, light boxes, and other equipment well in advance so that they can be set up while the Court is not in session.

Following these basic simple rules and procedures, you greatly improve your chances of being successful in court. These are unwritten guidelines, however over the years folks appear to have forgotten them.

If you have further questions or are uncertain about any of this, contact the Finest Dallas Criminal Defense Attorney BEFORE you go to court.

âž  Select the Recommended Dallas Criminal Defense Lawyer:

âž  Dallas Criminal Defense Attorney » Discover How To Increase Your Chances Of Being Successful in Court, âž  Dallas Criminal Defense Attorney » Tips On How To Better Your Odds Of Winning in Court

 



Originally published here.

Houston Lawyer

Consolidated Courts

Sep 6, 2011
No Comments Yet

To thoroughly understand the process of conducting “real” criminal records background checks it is necessary to have a rudimentary understanding of the structure of the court system in the state where the search is conducted, especially with respect to consolidated courts and how criminal records are kept and dispersed.

The very simple definition (by me) of a consolidated court is one where the Superior or District or Circuit court clerk’s office keeps and disperses records of that court and all related courts in that county (and only that county or district). What this means is that, for the purposes of searching for criminal records, one has to search in only one place per county. Prior to consolidation of the courts if someone wanted to search for criminal records of a person and they did not know where specifically to search, the researcher would have to search all lesser or outlying courts in a particular county or judicial district for those records.

For example: By my count, Los Angeles County has 40+ courts from Catalina Island to Pomona and from Santa Clarita to Long Beach. Prior to court consolidation you could get felony case information at the superior court in downtown Los Angeles, but if you wanted misdemeanor or infraction information you had to either guess which lower court to check or check them all, and that would involve physically going to each court to conduct the search. As you can imagine very few misdemeanor and infraction records are discovered in a system such as that.

However, since the courts were consolidated in 2000 a court researcher looking for criminal records has to look in only one place; LA Superior Court in downtown LA, not 40 different locations in the same county. In fact, a court researcher can go to any of the 40+ courts and access the records of all of the courts and get all of the criminal information including infractions like traffic tickets, misdemeanors and felonies.

Some states are not consolidated. In several states, such as Mississippi, Massachusetts, Montana and Wyoming the courts are not consolidated. The result is that searching for records one is, in most cases, only going to retrieve information on felony cases only because the search is being conducted at the highest level court in the county and the records are for that court only. Most lesser crimes such as traffic infractions and misdemeanors are adjudicated in the lower courts. These Municipal, Justice or Chancellery courts also handle things like small claims and other minor civil court cases.

Remember the following regarding records searching:

1. Juvenile court records are almost always sealed and unavailable.

2. In states where records are searched by county and not statewide (such as California) each county Superior Court has records of that county only. The subject of your investigation could be an axe murder from the adjoining county, but your county court would not have a record of it.

3. Some states Like New York have statewide conviction only criminal history databases.

4. Other states like Georgia and Michigan have and even more restrictive felony convictions only databases. (This is the kind of info you get in those “Instant Nationwide” database checks).

5. Different states have different names for their main county courts. In most states it is called Superior Court. In some remote areas of the country a Circuit Court may be the highest court in a district that may encompass more than one county. The name is a holdover from the days when a judge traveled on horseback to courts in each territory.



Originally published here.

Kit Fremin