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Hopkinsville Kentucky Criminal Law Blog

Plea deals are only one defense strategy option

The vast majority of criminal matters are handled using plea bargains. Some people worry that this means defendants aren't getting their due time in court; however, there are some advantages to this arrangement for both sides of the matter. Less than 10% of defendants take their case through the criminal trial process.

For the individuals who are considering a plea deal, the most important thing to remember is that you must admit that you did commit the crime as part of the deal. This means that anyone who is truly innocent shouldn't ever accept a plea deal.

Domestic violence charges have many impacts

Facing criminal charges based on allegations that you abused your spouse presents you with a big challenge. You have to find a way that you can defend against the charges without making it seem like you are attacking the alleged victim. This challenge is one that a defense attorney who is familiar with these cases might be able to help you with.

The penalties of a conviction for domestic violence are far-reaching. You might begin to feel some of these prior to going to trial over the charges. Some people in society may automatically frown upon you just because you are facing the charges.

Only specific cases are appropriate for plea deals

People who are facing criminal charges might be in a hurry to get them resolved. This isn't always easy, and trying to make it happen can sometimes require some difficult decisions. One of the things that some people have to think about is whether they are going to try to enter into a plea deal or not.

There are several things to think about if you are considering this option. The most important of these is that you should only consider this if you agree that you committed the crime. You don't have the option of claiming you aren't guilty if you are going to accept a plea bargain. Typically, you will have to plead guilty as part of the deal; however, some agreements allow for a "no contest" plea that allows you to accept the judgment without admitting guilt.

A felony conviction can impact every area of your life

Individuals who are convicted of a felony criminal charge have a long road ahead of them. This conviction can impact various parts of life, which can make some aspects more difficult than you might realize.

Obviously, the penalties that you face are one of the biggest challenges immediately after the conviction. If you are incarcerated, the time behind bars can impact your job history and smudge your social standing.

Child pornography charges require a firm defense

Child pornography is illegal in all states in this country. It is very easy to access materials that meet these requirements because they are prevalent on the internet. Just because they are easy to find doesn't mean that you should view them. It is possible that a person might face a criminal charge for child pornography even if they accidentally navigate onto a page that has it.

Prior to the internet accessibility becoming common, most child porn was found in printed form. This included sexually explicit images on media storage, such as discs and memory drives, or as photos. It was fairly easy to determine whether a person meant to have the materials because they would have them in their possession.

You can't blame the full moon for criminal activities

The next full moon is coming on Oct. 13. This is also a full hunter's moon. For some, this is a cool event that can bring about some changes in the atmosphere. It is widely believed that crime increases when there is a full moon; however, this isn't something that is backed by evidence.

There are several instances of studies looking into the correlation between full moons and criminal activity or number of patients needing emergency services. None of them found any that was remarkable enough to show that the full moon is to blame for what happens.

Pay attention to what happens during a drunk driving stop

With football season here, and the winter holiday season coming up soon, now is the perfect time for people to remember some of the reasons they should avoid drunk driving. One of the most important is that they are putting their own life at risk when they drive after drinking. They are also risking the life of every innocent person who is on the road around them.

There are far too many options for getting home that don't involve you having to drive drunk for you to decide that you will anyway. You can use public transportation, ask a friend who hasn't had alcohol to bring you home or even take a rideshare home.

Felony charges have harsh sentences possible

A person who is facing a felony charge can spend considerable time in prison. This type of charge comes with a minimum of at least one year of incarceration. This doesn't mean that a conviction will automatically send you to prison because some people will receive probation as a sentence instead of being put behind bars.

All felony charges are eligible for jury trials. Some defendants opt to do this because they are continuing to assert their innocence. Preparing for a trial takes time and effort, so be sure to review your options when you are considering this.

Release from jail to await a hearing is possible

Getting out of jail after an arrest is a priority. One way to do this is by posting bail. There are a few ways that this can happen. Some charges have a bail set for specific charges. In other cases, you will have to stand before a judge to have a hearing to have it set.

Some people who have nonviolent charges might qualify for a bail that doesn't require you to put up money to get out of jail. If you are released on your own recognizance, you will sign a document that states you will return for your court hearings. You likely need to have close ties to the community, including having a job, in order to receive this.

Violence Against Women Act defines domestic abuse

Domestic violence allegations often involve physical violence. However, the Violence Against Women Act (VAWA) establishes that hitting someone is not the only way to face criminal charges. While the definition of abuse has changed since the passage of the law, society's perception of the situation really hasn't.

Some people think only about physically battered women, but abuse claims under VAWA can also include intimidation, harassment and interfering with a person's liberty. They can also apply when a male is the alleged victim.

Michael J. Thompson, Attorney at Law

16360 Fort Campbell Blvd.
Oak Grove, KY 42262
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Phone: 270-605-0441
Toll Free: 866-397-7788
Fax: 270-439-1177

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