Criminal Law Forms
These packages contain the forms that are necessary for identity theft victims to effectively deal with creditors and government agencies after their identification is lost or stolen.
It is designed to clear your name, and reduce your time and expense in dealing with identity thieves. The forms are essential to assist in remedying and protecting your credit, financial assets, and job opportunities.
Criminal Law Forms By State
Criminal Forms - How They Protect Your Criminal Rights
A person who has committed a crime or has been accused of and convicted of a crime is a criminal. The formal document by which a criminal is accused of an offense is known as criminal charge. A criminal charge is the first step to prosecution. A person is convicted only when the criminal charge is proven beyond reasonable doubt. When a person is charged with a crime s/he has to file a response with the court. The formal response filed by the accused is known as a plea. Along with the plea, the accused files an affidavit with the court declaring the truth of the facts. Pleas of an accused are of different types:
- Guilty plea in which the accused admits the charges against him/her
- Not guilty plea in which the accused denies the charges
- Nolo Contendere or 'no contest plea' in which the accused denies the charges but subjects the defendant to punishment
Some of the important criminal legal rights protected by criminal forms include:
Bonds - An accused person also has the right to be released on bail by personal or surety bond. A bond is an assurance that the accused will appear for all future court dates. If an accused person believes that s/he is unlawfully arrested, s/he has the right to be released from imprisonment after such arrest. An unlawfully arrested person or some other person on behalf of the unlawfully arrested person can approach a court of law for a writ of habeas corpus. The habeas corpus writ demands the release of an unlawfully detained person.
Speedy trial and right to counsel - The Sixth Amendment to the United States Constitution provides for speedy trial of an accused person. However, the accused person may waive his/her speedy trial rights. However, the waiver of speedy trial must take place within the statutory period.
Post conviction relief - After an accused is charged with an offense, the accused may have relief available. One such post conviction relief is expungement. In the United States, criminal charges may be expunged. It is a process by which criminal charges are legally eliminated from records or files. Once records are sealed or expunged, the accused may deny ever having been charged with the crime.
After conviction, if the convicted person or criminal believes that the assistance of his/her counsel was ineffective, or s/he wants to produce new evidence to prove his/her innocence, the convicted person can, without going for an appeal, demand post conviction relief.
Criminal records - Federal, state, and local levels of law enforcement agencies maintain the history and details of criminals. At the federal level, two major departments that maintain details of criminals are the Department of Justice and Department of Transportation. The Federal Bureau of Investigation (FBI) administers the nation's criminal history records with the help of National Crime Information Center (NCIC), under the Department of Justice. With the National Driver Register (NDR), the Department of Transportation keeps data on suspended licenses for offenses such as traffic violations, driving under the influence (DUI), or driving while intoxicated (DWI).
Criminal records are shared between government agencies and are also made available to public. They may be used for background checks and criminal record checks. Most employers conduct background checks and a criminal records check before employing a person. A background check also helps employers discover incidents of criminal identity theft committed by prospective employees. Criminal identity theft means fraudulently identifying as another person or showing the identification documents of the other person. Also, in commercial transactions, proper background check prevents offenses such as check fraud and bad check dishonors.
Information as to whether a person is under a 'no contact order' of the court will be published by law enforcement agencies. A no contact order is an order of the court prohibiting a person from contacting with another individual or group. The ban or prohibition will be for direct or indirect contact. No contact orders are issued for offenses such as sexual harassment, stalking, or other sex offenses. Such orders may be in the form of permanent restraining orders (PRO), temporary restraining orders (TRO), protection orders, or order for protection from violence and domestic abuse.
Many professionally drafted criminal forms are available on US Legal Forms website.
Criminal FAQs
What is a criminal record check?
Criminal record check is the review of the criminal records of a person. A criminal record is a public record that lists the criminal convictions and charges of a person. Criminal records are collected and stored by law enforcing agencies such as the Federal Bureau of Investigation. An example of a criminal records check is an employee background check. An employee background check is a criminal record check done by an employer to evaluate a potential employee's criminal history, character, and past employment verification. Background checks enable an employer to verify whether a potential employee has been previously charged with offenses like identity theft or passing a bad check.
What is expungement? Can a felony be expunged?
Expungement is a legal process by which a court strikes out or eliminates completely from its records, a criminal conviction. A person can seal or expunge his/her criminal convictions from public records by obtaining an expungement order.
Eligibility requirements for expungement of felony convictions are governed by state laws. Many criminal convictions including felony convictions can be expunged. However, in many states, certain types of felony convictions such as specified sexual offenses or violent crimes resulting in death or bodily injury cannot be expunged. Various criminal forms, including expungement forms, are available on the U S Legal Forms website.
What is the definition of stalking?
Stalking is an act of following or observing a person persistently. It is obsessive attention by an individual. The crime of stalking includes obsessive following of a victim and can lead to criminal harassment, criminal menace, or domestic abuse charges. Victims of stalking and domestic abuse have many civil remedies available to them including applying for temporary restraining orders (TRO), protection orders, and no contact orders. An order for protection is a restraining order that orders a party to abstain from doing certain acts. A court issues a no contact order to prohibit a person from making a contact with another person. Along with pleas for protection orders or no contact orders, victims have to file their sworn affidavits with the court.
Can I waive my speedy trial rights?
The right to a speedy trial is a constitutional right provided to an accused. The Sixth Amendment to the U.S. Constitution guarantees speedy trial rights to an accused person. The right of a speedy trial can be waived by an accused, and usually it is waived when an accused wants to prepare a stronger defense. In certain cases, courts infer a waiver of speedy trial rights when:
- an accused voluntarily files a plea of guilty without mentioning about speedy trial
- an accused does not make timely demand for trail or discharge
- another court has granted continuance on motion of the accused
What is a post conviction relief?
Post conviction relief is a legal procedure by which a convicted person can request to vacate the conviction. With the help of post conviction relief, a convicted person can contest the case again and try to reverse a conviction. Generally, post conviction relief is a proceeding before a trial court. Filing a petition for a writ of habeas corpus is an example of federal post conviction relief.
What is a DUI bail bond?
Driving under the influence (DUI) is a crime of driving a motor vehicle with alcohol content in blood, the limit of which is in excess of statutory limit. DUI is also known as driving while intoxicated (DWI). DUI victims are released from custody on payment of a bail bond. Bail bond is an assurance by a suspect that s/he will appear for all court proceedings.
Top Questions about Criminal Law Forms
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How to press charges on someone in Maryland?
To press charges on someone in Maryland, you typically need to file a complaint with law enforcement or the state's attorney's office. This process usually requires completing certain criminal law forms that outline the incident details. Engaging with a lawyer can also provide guidance through the legal intricacies. This ensures that your concerns are properly represented and acted upon by the authorities.
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What would be an example of probable cause?
An example of probable cause could be if law enforcement observes a suspect fleeing from the scene of a crime. Additionally, they may find stolen property in the suspect's possession shortly after the crime occurred. Establishing such a situation with the correct criminal law forms can facilitate quicker legal action. Having clear examples helps individuals recognize how probable cause applies in real-life scenarios.
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What constitutes probable cause in Maryland?
Probable cause in Maryland is established based on circumstances that would lead a reasonable person to believe that a crime occurred. This could include witness statements, observable behaviors, or physical evidence. The proper use of criminal law forms can help clarify these circumstances and strengthen your position. Understanding these components can be invaluable when dealing with law enforcement or the courts.
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What is a statement of probable cause in Maryland?
In Maryland, a statement of probable cause outlines the facts and circumstances that justify an arrest or a warrant. This document must provide sufficient detail to enable a magistrate or judge to make an informed decision. Using the right criminal law forms for this statement is essential to ensure clarity and accuracy. This statement is a critical component in maintaining the integrity of legal processes.
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How to file a criminal lawsuit?
Filing a criminal lawsuit involves several steps, starting with gathering sufficient evidence and understanding the applicable criminal law forms. You must present your case to the appropriate authorities, who will determine if charges should be filed. In many cases, consulting with a legal expert can streamline this process and increase your chances of success. Properly following these steps ensures that your voice is heard in the legal system.
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What are the 4 elements of probable cause?
The four elements of probable cause include the availability of facts, the reliability of the sources, the specifics of the situation, and the reasonable inference made from the evidence. Each element plays a role in forming a solid basis for legal proceedings. By ensuring these elements are met, individuals can properly engage with criminal law forms. This knowledge can empower you in your interactions with the legal system.
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What is the burden of proof for probable cause?
The burden of proof for probable cause is the requirement that law enforcement has enough evidence to justify a reasonable belief that a crime has occurred. In terms of criminal law forms, this standard needs to be established to proceed with legal action. It acts as a foundation that helps authorities to pursue charges and protect individual rights. Understanding this principle is crucial for anyone navigating the legal landscape.
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How is criminal law different from other types of law?
Criminal law differs from other types of law primarily in its purpose and consequences. It seeks to maintain public order and safety by punishing offenders, whereas civil law aims to resolve disputes and compensate victims. This distinction in approach is reflected in the specific Criminal Law Forms required during proceedings, highlighting the unique nature of criminal cases.
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What is the difference between the two types of laws?
The two primary types of law are criminal law and civil law. Criminal law addresses offenses against the state, where the government prosecutes individuals, while civil law pertains to disputes among individuals, often resolved through monetary compensation or specific actions. Understanding both types is vital, as they utilize different Criminal Law Forms for their respective processes.
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Which degree is best for criminal law?
Pursuing a Juris Doctor (JD) degree is considered essential for those interested in practicing criminal law. This degree provides the foundational knowledge necessary to understand legal principles, including Criminal Law Forms, which are crucial for effective legal practice. Additionally, specialized courses or degrees in criminal justice can enhance your understanding of the field.