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Theft and Shoplifting Penalties from a San Antonio Texas Criminal Lawyer

Under San Antonio/Texas law, a theft crime is classified as a crime in which a person -unlawfully appropriates property with intent to deprive the owner of property.- This is unlawful if it is done without the owner’s consent. In simpler terms, theft is the act of stealing property from a person or a store, writing a check that bounced, or accepting stolen goods. If you have been charged with theft or shoplifting in San Antonio, Texas, a criminal defense attorney can be of assistance.

Theft is considered a moral crime which can result in jail time and a heavy fine. Additionally, a conviction can carry severe consequences that can follow you for the rest of your life. An employer may be reluctant to hire a person that has been convicted of theft and shoplifting because of the implication that the person cannot be trusted.

Criminal theft classifications can range from a Class C misdemeanor to a felony dependent upon the value of the property involved. If the stolen property is less than $50, the crime is classified as a Class C misdemeanor. The penalty for Class C theft is a fine up to $500 and no jail time is possible. Regardless of the simple fine, a theft/shoplifting conviction in San Antonio, Texas will leave you with a criminal record and negatively affect your future. A San Antonio theft defense attorney can help keep these charges from appearing as convictions on your permanent criminal record.

If the value of the stolen property is more than $50 but less than $500, the theft is classified as a Class B misdemeanor. This type of theft is punishable by up to 180 days in jail and a fine of up to $2,000. An attorney can often-times get these charges reduced or dismissed completely.

For theft or shoplifting of property valued at $500 or more, the crime is classified as a Class A misdemeanor. Class A theft is punishable by up to one year in jail and a fine of up to $4,000. For Class A theft, it is very important to hire a San Antonio theft attorney to defend you against the serious charges.

If you have been charged with theft, it is possible to get your penalties and fines reduced or dismissed based on legal know-how and circumstantial evidence, or lack thereof. A San Antonio defense attorney experienced in handling theft and shoplifting cases in Texas courts can be a great source of information and legal protection.

San Antonio criminal defense lawyer has been practicing law for 27 years and has experience working with theft and shoplifting cases in Texas Courts. If you have been charged with theft or shoplifting in San Antonio, a lawyer may be able to help you minimize the Texas theft penalties.

Civil Law vs Criminal Law

When the average layperson thinks about breaking the law, they by default are thinking about criminal law. However, there is also civil law to consider, which has its own set of characteristics. Here are some of the principle differences between civil and criminal law.

Legal Definitions

Criminal Law – In criminal law, the government will file the case. In order to prove their case, the burden of proof is always on the government. They must prove “beyond a reasonable doubt” that the defendant is guilty and win a unanimous decision from the jury.

Civil Law – Cases are filed by private parties in civil cases and deal with the disputes between people or organizations where compensation is awarded to the plaintiff. While Federal courts require an unanimous verdict, in most civil case the plaintiff only has to prove that the “preponderance” of the evidence favors them. This can also be referred to in simpler terms as “more likely than not.”

This varies from state to state though. In Missouri, the decision of the jury must be 9-3 for the plaintiff to win. But in Federal courts, the plaintiff must get a unanimous verdict.

Punishment Comparison

A defendant in civil litigation will not be incarcerated and certainly never executed. Losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant’s behavior. Either party (plaintiff or defendant) can be found at fault.

Criminal Law – The crimes are divided into two basic classes: felonies and misdemeanors. The defendant is found guilty when the jury decides unanimously in favor of the plaintiff. If they are found guilty, the punishment is a fine (paid to the government), imprisonment, or death, in states that allow for the death penalty. The decision is and dry: guilty or not guilty.

Civil Law – There is more flexibility with guilt in a civil case. Both the plaintiff and defendant can be found partially right or partially at fault. Either way, the party found guilty cannot be imprisoned and certainly not put to death. But if they are found guilty, they must pay what’s called punitive damages as determined by the judge.

The Appeals Process

Either party may appeal the decision in a civil case. However, in a criminal case, only the defendant can file an appeal. If the person(s) found guilty want to appeal, they have a limited time to file their appeal.

Get An Idea Of The Different Qualities Of A Good Personal Injury Attorney

Personal injuries may happen anytime and anyplace. However, it is seen, in many cases that people tend to overlook the importance of hiring a personal injury attorney to deal with such mishaps. In most parts of the United States, like Sarasota (FL) and Fruitville (FL), you would come across a number of such lawyers. However, it is important to know that not all are equally experienced to deal with every aspect of such legal matters pertaining to personal injury.

Most of the American citizens, especially those residing in some of the major US cities, like Sarasota (FL) and Englewood (FL), who have interacted with a personal injury attorney recently, would tell you that it is always a good idea to spend some time to find the best lawyer. However, since after such mishaps nobody would have the time to search for a good lawyer, it is better to keep the contact details of a few of them beforehand. Here are some qualities of a good personal injury attorney, which in turn would help you recognize him amongst others:

1.Open for discussion anytime of the day: A good lawyer, who deals in such legal matters, would be ready to help you and also discuss the situation with you anytime of the day. These types of accidents do not announce beforehand of their happening. So it is very important for a good lawyer to be always prepared to help his clients.

2.Willing to keep you updated: One of the great qualities of a good personal injury attorney is that he would never shy away from keeping his clients updated about the happenings of the case in a court of law. If the lawyer refuses to do this basic service, then all his clients would remain in the dark about what is happening to their cases. This in turn would hamper the popularity of the legal adviser and all his future clients would think twice before approaching him for help.

Whatever be the situation, it is always considered to be a good idea to take your time and look for a good and experienced personal injury attorney. Sarasota (FL) and Laurel (FL) are some of those places in the US where you would find a number of people who have kept the contact details of such legal advisers handy. This is good since you never know when you may need one to help you during times of distress.

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Personal Injury Claims – How Much Is My Injury Compensation Claim Worth

Valuing personal injury claims depends on the accident victims individual circumstances. An injury compensation claim comprises:-

(1)GENERAL DAMAGES for the pain and suffering caused by the injury and any treatment

(2)SPECIAL DAMAGES to reimburse financial losses incurred or expenses paid

Claims solicitors aim to recover full compensation for their clients and can normally offer a free service.

It is important to remember that to receive personal injury compensation the accident victims opponent must be found to be either partly or fully responsible for the accident and injury. There will always be situations where no-one is at fault, when no compensation will be awarded.

GENERAL DAMAGES

This depends on the type of injury suffered, how long it will take to recover and whether there will be any lasting effects.

An injury compensation claim can also include damages for any loss of amenity, ie the extent to which life has been affected by the accident. For example, when a keen golfer suffers an accident and cannot play because of their injury, even if only for a short time.

Typical awards made in personal injury claims:-

Broken arm/leg – 4,000 to 11,000
Broken ribs – 1,750 to 2,750
Broken finger/toe – 1,600 to 3,000
Broken nose – 1,400 to 2,250
Whiplash – 1,250 to 8,500

Claims solicitors will arrange for the injured person to be examined by a medical consultant, who prepares a report detailing the injuries. This enables the true value of the injury compensation claim to be assessed.

SPECIAL DAMAGES

Examples of items that can be claimed include:-

a)Lost earnings – including wages already lost and, if appropriate, anticipated future lost wages. Future losses take into account pay increases, promotion prospects and other benefits (eg pension) that would have been enjoyed if the accident had not happened.

b)Travelling expenses – including visits to GP, hospital or other practitioner providing treatment.

c)Medical and care expenses – including prescription charges, non-prescription items (eg pain killers, creams, bandages, etc), privately paid physiotherapy or other treatment, the care and assistance provided by a private agency or by family and friends (eg helping with personal hygiene, cooking, cleaning, shopping, gardening, etc).

There are many items of loss or expenditure that can be included in an injury compensation claim, but they must be as a direct result of the accident and ideally evidenced by invoices or receipts.

Payment of Compensation

For personal injury claims where liability for the accident is admitted and all elements of the compensation are agreed with the opponents insurers, payment is usually made within 14 days of agreement being reached.

If the injury is severe and the long term prognosis is unclear, claims solicitors should be able to negotiate an upfront payment for part of the full value of the injury compensation claim, to help the injured person meet their financial obligations while recovering.

More Details about Personal Injury Claims go to www.hinchliffes.co.uk

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Driving not in the conscious state and not able to determine which way and what degree to turn the steering wheel! Driving has always been a cautious and vigilant activity. A slight amount of negligence while driving could lead to serious mishaps. Not just the sufferer but his family as well, suffers equally. To avoid the mishap or accident, you must take stern precaution while partying. If you are aware of the limit, beyond which alcohol consumption could leave you in problematic state. Then you can ask your friends to have a watch on you, asking them to avert you from taking the alcohol beyond that limit. For the alcohol to reach that risky condition, you need to prevent yourself from taking alcohol, beyond that limit.

If in case you and your friends all have drunk heavy, there is no way that can drop you back home. Forget about driving yourself way back home, as it will turn into most dangerous decision. Its better you call for a cab and ride back home. If you are, even though, pretty confident that you can drive back home, all by yourself, you need to drive slowly and take turns in the least speed. Even though you met with an accident and hit a person or a vehicle on the road, it’s certain that you will be charged of DUI offense.

The professional or specialist responsible for freeing you out from the charge is DUI attorney. DUI attorney or lawyer is an expert who knows how to handle the case with expertise. Depending upon the case, they build and develop the strategies. As per the intricacy of the case, they ought to advice and counsel you regarding the case. With DUI being the offensive crimes caused by mostly the youngsters or young adults, it needs to be dealt with intensive caution.

The offenders must not only be charged with the crime and give them harsh punishment, but they should also be counseled by the counselors to help them not deviate from the correct path. DUI is the case which not only destroys the offender’s life, but also the life of the victim. DUI/OWI/OUI is alike offenses which carry the same punishment and penalty. With changing zone and city, the name of the drink driving case name changes. Somewhere it’s known as DUI, somewhere OWI, some OUI, etc. The penalty and punishment also varies with country.