drug offenses lawyer San Jose California, criminal attorney
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The owner of our firm has personally led, since he began to carry out legal activities, of criminal law taking part also in various conferences and masters on the procedures of legal protection, cross examination, investigations and so on.
Thanks to a close collaboration with private detectives, the study guarantees, where useful, exhaustive and fundamental assistance to guarantee an equality between the accusers and the defense.
On the web page you can get all the necessary information regarding the drafting of a complaint that the customer can forward alone to the judicial offices or the judicial police.
This is a provision that is mainly guaranteed, in the preventive phase, however necessary to allow the drafting of a complaint in the most appropriate manner. It is also emphasized that a complaint not drawn up correctly and clearly could present itself as an element against the plaintiff since it may become the subject of a subsequent proceeding for slander in the circumstance in which the reported person is not guilty or his proceedings are suspended.
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It is necessary, however, to be particularly concentrated in a phase that even if at a preliminary stage is obviously fundamental since it implements a criminal procedure whose development will certainly be more favorable in the circumstance in which there are solid initial bases for the good outcome of the hearing .
What is criminal law about? Criminal law is part of internal public law and involves the complex system of rules that prescribe as main crimes, forms of behavior that are not permitted and the consequences (convictions) that derive from them.
By prohibiting some human behavior (crimes) by punishing them through a different afflictive prescription (condemnation), the Constitution stands out as an institution capable of protecting the fundamental rights of its fellow citizens.
It is certainly the model of condemnation "the punishment" that distinguishes the crime, that is the crime in the criminal sector, from the civil and administrative ones. The conviction related to the violation of a criminal law is the relative conviction.
The implementation of criminal law is supported by four fundamental elements: "No subject can be condemned for an action that is not explicitly considered as a crime by law, nor with penalties that are not established by it".
This principle is also supported by art. "No penalty can be imposed on any person other than on the basis of legislation that has become concrete prior to the unlawful act". The legality criterion provides for the application of 4 "sub-criteria": 1) the legal reserve in the criminal area; 2) the provision of non-retroactivity of the law in the criminal sector; 3) definition and obligation to implement the criminal law; 4) the disqualification of the relationship in bad part of the non-special rule The so-called Materiality Criterion: it is not possible to point out a crime if the criminal responsibility does not manifest itself in an external conduct.
The so-called offensive criterion: criminal responsibility must manifest itself in an external behavior that compromises or jeopardizes one or more legal interests.
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The so-called guilt criterion: an action can be considered criminal only if the responsibilities of those who have committed a crime can be defined on an objective and objective level.
The same principle derives expressly from article 27 paragraph 1 Constitution, for which "liability in the criminal sector is entirely personal".