Criminal Laws

The Insanity Plea in a Criminal Defense Case

Posted by on Sep 18, 2017 in Criminal Laws, Criminal Lawyer | 0 comments

Imagine being a mother who returns home to find her child stabbed and dead in the master bedroom. Imagine being the child stripped of innocence and losing your life to a horrible act of violence. These unfortunate scenarios are a real-life horror story for a Naperville mother who killed her son and the girl she was taking care of at the time. She is currently pleading insanity in the case. According to interviews, the devil told her to do this and wanted to get revenge on her husband.

Chicago Tribune states a trial is set to begin for this Naperville woman who was accused of stabbing two young children to death, her son, and another young girl that she was taking care of. The courtroom proceeding will rely on dissenting opinions of her mental health during the incident. She will be charged with first-degree murder. Her criminal defense attorney will defend her with an insanity plea. The defense attorney refused to comment the day before trial, knowing it was important for the insanity plea to work. The mother has been held in custody since 2012.

The evening of the murder, the girl’s mother returned home from work and could not get in her home. She called the police and discovered a scene out of a horror movie. The detectives found the bodies of the two children in the master bedroom. They were stabbed multiple times and their throats were slashed. Robert Marshall, Chief Officer, commented that it was the bloodiest scene he had seen in his entire career. After the children died, the defendant was found at a Naperville home where she was staying with her other son. In the interview with the police, the mother took the children to church before returning home with them, where they would die. The children were in the master bedroom jumping up and down on the bed when she entered the room and told them to get on their knees and pray. She started stabbing the children as they were praying. She told the police she was hearing voices from the devil. The devil told her to save their souls by killing them. The woman also fought with her husband frequently and felt that she had to kill her son to get revenge on her him. Defense attorneys Resnick, the evaluator, and psychiatrist, is supposed to testify on her mental state during the trial.

While I validate the idea of an insanity plea, it is important to take care of each other and yourselves. The kids did not have a chance to protect themselves, so this incident is truly sad and unfortunate for all of those close to the situation.

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Will a Criminal Conviction Affect Your Divorce?

Posted by on Jul 22, 2017 in Criminal Laws, Family Laws | 0 comments

In itself, divorce is already legally complicated. According to the website of the BB Law Group PLLC, there are a variety of issues that may arise, such as those that involve alimony, child custody and visitation, child support, and property division.

But sadly, it can be more complicated, especially when a criminal conviction is involved. To answer the title of the article quickly – yes, a criminal conviction does affect the divorce. However, it is important to note that there are a lot of factors to consider, to determine how big a part this criminal conviction can play in the divorce process.

Financial Support

Alimony and child support are the main financial and domestic responsibilities associated with divorce. They are also aspects that can be influenced by criminal convictions. For example, if a spouse has a criminal conviction that is severe enough, he may have a hard time looking for a stable job, so he may not be able to give proper alimony and child support.

Generally, simple offenses like drunk driving don’t really matter, but that is not always the case. The website of the Law Offices of Mark T. Lassiter has enumerated the consequences for drunk driving – fines, jail times, and license suspensions. The license suspension is particularly problematic if the spouse’s job focuses on driving. So, in this sense, even a simple offense can greatly affect alimony, child support, and divorce overall.

Custody and Visitation

In child custody, the court will always look into the best interest of the child. A person who has a criminal conviction may not look very appealing for the court, especially if the criminal conviction shows that the parent is not in a good mental state to be with his child. This can make a parent with a criminal record lose out on child custody. There are even instances where visitation is strictly controlled or even entirely prohibited, especially on instances where the conviction involves the child directly, like on the instances of child abuse, domestic violence, and child endangerment.

Property Division

Usually, criminal convictions don’t affect property division. But there is always an exception. If a spouse has a history of fraud or any similar offense, there may be grounds for the court to investigate for assets that the spouse may be hiding, so they won’t be included in the division of property. But as said earlier, this isn’t really a big deal, when compared to how convictions affect financial support, custody, and visitation.

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What to do if You Are Accused of Cocaine Possession

Posted by on Jan 2, 2014 in Criminal Laws | 1 comment

The penalties for criminal charges vary from state to state, but a criminal conviction whether in Texas or Massachusetts can pose serious hindrances to one’s personal, financial and social life. According to the Houston-based Karen Alexander, Attorney at Law, being accused of a crime in Texas can become an untenable situation unless you have competent and experienced legal representation. The same holds true for any state in the US, so it is in anyone’s best interest to avoid being convicted of any crime, such as cocaine possession.

Cocaine possession is the most serious of drug charges. It is considered a Class A category, keeping company with other controlled or illegal substances such as heroin, methadone, ecstasy, methamphetamine, and lysergic acid diethylamide (LSD). To be in mere possession (on a person or in premises controlled by a person) of the smallest amount of cocaine, even if it is just a plastic bag containing trace amounts of it, is enough to be charged with possession of cocaine. For larger amounts, the charges can be elevated to intent to distribute or to supply, which carry much heavier penalties than mere possession.

There are always defense to any criminal charge, including drug possession, but it all depends on how the case is presented that it will be considered by a court of law. In most cases, a competent defense lawyer would prefer that the charges are dropped or dismissed based on lack of evidence, a technical flaw in the arrest, or any circumstances which will cast doubt on the integrity of the evidence available to the prosecution. The dramatics of the court trial seldom go as popularized in television.

A good defense lawyer will stop the charges on its tracks as much as possible, but will be prepared to present a plausible defense in court if necessary. To do this, the lawyer must have the requisite knowledge of the law, the resources to produce the depositions and documents to prove the case, and experience in the court to pull it off. The alternative of engaging an inexperienced lawyer can have far-reaching consequences that may cost a defendant more in the long run.

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