By
MUHAMMAD TAQI KHAN,
Advocate
Supreme Court of Pakistan
Ex-Member Punjab Bar Council

There is no cavil to this proposition of law that three corner principle of criminal jurisprudence are well settled.

1.         That it is the duty of the prosecution to prove the case against accused and the weakness of the defense shall not strengthen the prosecution case. Accused is most favorite child of law and every benefit of doubt goes to him regardless of the fact whether he has contain any such plea or not:–

2008 SCMR 1080

2.         Accused must be presumed to be innocent unless he is proved to be guilty. The onus of the prosecution never shift, the basic principle, was laid down of the criminal justice in famous case reported in PLD 1953 F.C 93 burden of general issue always on prosecution accused burden not as heavy as that on the prosecution accused failing to prove special pleadings, but succeeding in raising reasonable doubt, entitled to be acquittal whole of the evidence to be looked into entirety and not merely special pleading of accused irrespectively of prosecution evidence no conflict between Section 105 and principle laid down in Wool Minton’s case (LR. 1935 ACP 462).

“Per Abdul Rashid, C.J. Section 105 of the Evidence Act has been enacted in order to make it clear that it is not the duty of the prosecution to examine all possible defence that might be taken on behalf of the accused, and to prove that none of those defence would be of any assistance to him. The principles laid down in Wool Minton’s case are applicable with full force in Pakistan in spite of the provisions of Section 105 of the Evidence Act.

(PLD 1953 F.C. 93)

The burden of proof in evidence proceedings always on the prosecution. The burden as it has been called of establishing a case whether by preponderance of evidence or beyond a reasonable doubt and the burden of proof in the sense of introducing evidence. The phrase has been used in the first sense in Article 117 and second sense in Article 118 of the Qanoon-e-Shahadat. It is in this sense that the burden of proving the guilt of a person charged with an offence is on the prosecution and it is in this sense that the accused has a right to silence has relevance. Because the prosecution bear the burden of proving guilt they should discharge it without assistance from the defendant. The initial burden is in the prosecution to frame its case beyond reasonable doubt and that accused is not required to prove his innocence. PLD 1994 S.C. 856).

Sections 302/324/337-A (ii)/34 P.P.C., application of evidence — Guidelines — Defence plea — Practice and procedure–All the factors favouring belief in the accusation must be placed in juxtaposition to the corresponding factors favouring the plea in defence and the total effect should be examined in relation to the question, viz. is the plea/version raised by the accused satisfactorily established by the evidence and circumstances in the case appearing — If the answer be in the affirmative, then the Court must accept the plea of the accused and act accordingly—If the answer to the question be in the negative, then the Court will not reject the defence plea as being false, but will go a step further to find out whether or not there is yet a reasonable possibility of defence plea/version being true — If the Court finds that although the accused has failed to establish his plea to the satisfaction of the Court, yet his plea might reasonably be true, even then the Court must accept his plea and acquit or convict him accordingly 2008 SCMR 1565 at Page 1571.

In criminal case, it is the duty of the Court to review the entire evidence that has been produced by the prosecution and the defence. It, after on examination of the whole evidence the Court is of the opinion that there is reasonable possibility that the defence put forward by the accused might be true, it is clear that such a view reacts on the whole prosecution case in these circumstances, the accused is entitled to the benefit of doubt not as a matter of grace, but as of right, because the prosecution has not proved its case beyond reasonable doubt.

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What government organizations/companies will pay for law school? none:( – Probably none. Organizations pay to fund candidates in fields that need more people. You can’t throw an ambulance without hitting a dozen lawyers nowadays. – The Army, if you agree to become a JAG. Some businesses will if you’ve worked for them long enough and they see that.How can a Canadian lawyer practice in TX? can they just sit for the bar? or go thru school all over? I had a student who was an attorney in the Phillipines.

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One can be accused of criminal trespassing charges if they masquerade into a private property without any intimation to and the permission of the owner. This may result in levying of the misdemeanor charges or legal apprehensions upon the trespasser. If repeated, these may amount to severe charges of a felony. In such circumstances, it is advisable that for the accused to seek refuge with a Criminal Defense attorney to get legal assistance. Anyone convicted for trespassing, may have to pay significant fines. To add more these charges may darken the reputation of the accused forever.

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What is a criminal defense lawyer? He or she is a legal professional who organizes a case in order to represent a client who is accused of a crime.These crimes include sex, drug and violent offenses which are things that are not approved by society as seen in this country’s laws.The job now of the criminal defense lawyer is to fight for the client by defending the client in open court in a jury of their peers. In some cases, this person is successful when the jury gives a verdict of not guilty.

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When it comes as a criminal case, it is considered as a much more complex as compared to other cases. Criminal law charges a prosecution of an individual for an act, which come under the category of crime as described by the government. If you want to successfully get out of criminal case in Houston, Houston criminal attorney is the person to seek for. Felony and other sort of criminal case have punishment for prison for more than one year, whereas misdemeanor is punishable by a prison for some months. As the criminal laws differ from state to state, Houston criminal defense lawyer would master in laws applicable in Houston. It is always necessary to have an experienced and competent Houston DWI attorney to have a brighter chance of winning or settling the criminal cases in Houston. Good Houston criminal attorney can represent anyone charged with some criminal offense and can also negotiate to arrange for lesser charge or sentencing. A competent Houston DWI lawyers formulate sentencing punishments those are most in client’s favor. Houston criminal lawyer provide their defendants with a knowledgeable, impartial and objective summary of the criminal allegation. The summary plays a significant role in the suspect’s conclusion whether to go into a plea bargaining.Houston DWI attorney are good criminal lawyers, well versed with essential legal rules and they are also familiar with several court customs and functioning. They also have a special skill-set to find out the hidden costs in a plea bargaining for criminal case. Houston criminal defense attorney also garners useful info from the prosecution informants. Usually, most of the crimes can be divided into two elements –the action and the mental state. Houston criminal attorney helps in evaluating and understanding each of them to sort out the problem. Houston DWI attorney successfully deals with prosecutors in court and proves a suspect innocent making him or her free of charges. In Houston, like all other places, the Constitution provides criminal suspects with rights to choose and hire Houston criminal lawyer. Houston criminal lawyers are well versed with all the criminal provisions of the local, state and federal governments. Like other places, the procedure to charge someone under criminal act begins with an arrest or reference that summarizes the reason for the arrest. Copies of all reports are sent to an attorney’s office that leads and prosecutes such cases. Once the prosecutors have got all the evidences, the court proceedings start.While hiring Houston criminal attorney, one should how much experience the attorney has in criminal laws, and the success report of the lawyer in similar cases. Also, it is better to ask the lawyer about all possible outcomes of the case. For example, could arbitration or intermediation fix up the case? Finally, what is an approximate amount of the total bill, and what are the other overheads?

Criminal procedure sets forth different rules that govern courts, defendants, and law enforcement agents depending on the level of offense charged. Criminal records or records of drug treatment or registered sex offender status will be kept in a file separate from other application or eviction information. These files will be maintained in a different cabinet that is locked and kept in a secure location. The category under which a crime is classified can make a difference in both substantive and procedural criminal law. Substantive criminal law defines the elements of many crimes in reference to whether they were committed in furtherance of a felony.

Doing a background check on somebody used to be an impossible task in the past. It used to be that only the police or federal agents had access to classified information such as criminal records, traffic violations, residence history, business holdings, court documents, marriage records, divorce records, employment history and other things.

If an investigation has started or an arrest has been made is essential that professional advice be obtained from criminal defence solicitors as soon as possible. In addition to the penalties outlined above most substantial drug trafficking involves more than one person and where more than one person is concerned the prosecution has the option to also charge the offence of ‘conspiracy’ which has a maximum sentence of life imprisonment. This type of offence is rarely possible without the assistance or collusion of others and conspiracy charges may result from the most loose or informal associations between those committing criminal offences.

A criminal conviction or even a discharge – where you’re found guilty but not convicted – could restrict your ability to travel abroad. If you are a visitor to Canada, for example, on a student visa or temporary work permit, any criminal conviction could result in your deportation. A landed immigrant convicted of a crime might have to wait several more years before being allowed to apply for citizenship. If the crime is serious, even a landed immigrant may be deported.

A criminal record could prevent you from obtaining a license to work in a chosen field. Many professional and vocational bodies require that their members be of “good character” and may reject applicants convicted of certain crimes. For example, the Architects Act of Ontario provides that an aspiring architect could be denied a license if his or her past conduct “affords grounds for belief that the applicant will not engage in the practice of architecture in accordance with the law and with honesty and integrity.”

Three categories of criminal offenses were known at common law, treason, felony, and misdemeanor, with treason being the most serious type of crime and misdemeanor being the least serious. The common law distinction between treason and felony was particularly important in England because a traitor’s lands were forfeited to the Crown. The records shall be destroyed once action is taken on the application for housing and any grievance hearing or court proceeding has been completed and the action is finalized. A notification of destruction will be maintained.

Over the last few years, a criminal justice degree has gained an enormous popularity. It has become one of the most admired degree programs in the United States and Canada due to the huge number of career options that fall under this big umbrella. Today attaining a degree in criminal justice field actually matters a lot. It acts as a foundation platform for different facets of law and criminal justice. In fact, the degree in criminal justice can help you learn different subjects like criminal law and procedure, criminological theory, statistics, criminology and other important elements that are vital for criminal justice. If we talk in terms of progress then the criminal justice sector has made gained tremendous success in the last few years. Since 9/11, it has speedily advanced to emerge as one of the greatest rising career sectors. Moreover, the current state of affairs in the US has even raised new issues pertaining to law enforcement, immigration, public safety, and security. As a result, the requirement for individuals trained in criminal justice has also increased. Thus, in order to meet the high demand of individuals trained in law enforcement, many colleges and universities of United States have introduced degrees and criminal justice training programs to their curriculums. Today, there are comprehensive list of criminal justice schools in the United States that offer different kind of programs in campus or online. Many online criminal justice colleges that have online programs are specifically designed keeping in mind the various needs of the working professionals. Besides this, these days, there are different levels of degrees available in criminal justice like bachelor, master and diploma. So if you are looking forward to enrolling into any criminal justice school then there are some of the most important requisites and selection criteria that you must be acquainted with. In order to get an admission into criminal justice school for two year program, you must require a GED or high school diploma. However, in case if you are planning of getting into a criminal justice school for a four year program then you need to give a serious importance to a high school or community college GPA score. Though, at times there are some schools who might even ask you appear or take the SAT or ACT examination. Adding to this, you may also need writing an admission essay. These days, admission essay also plays a major role in selecting a student. Therefore, you may even require submitting your admission essay describing your interest in criminal justice before getting into a criminal justice school.Moreover, the statement of purpose is another vital element that can also help you get into a good school. Though, you need to keep in mind that your statement of purpose must be focused in describing and mentioning what you wish to study as a graduate criminal justice major. This statement of purpose is very important, because every admission committee of criminal justice school reviews each candidate’s statement of purpose. Finally ensure that you give a proper attention to your letters of recommendation and the personal statement.Today there are many careers in the criminal justice field, but if you are a professional holding a criminal justice degree then you can really expect the continued growth for the foreseeable future. Making a career in criminal justice sector has its own rewards, but it also features many challenges that can be easily conquered by having a good education and training from the best accredited criminal justice school.

A criminal defense attorney is a lawyer who specializes in representing clients that have been charged for a crime that will be tried in a court of law. And, against popular belief, a person could end up needing the services of such a law professional even if they aren’t evil or living “the life”. From a purely practical standpoint, hiring a criminal defense attorney has many advantages. The lawyer will not only protect all the rights of the client, but will also oversee many of the small practical details surrounding the court case. Should the client be convicted, the attorney will also handle the appeal.When it comes to keeping you out of jail and most preferably to getting the charges dropped altogether, the experience and overall skill of your defense attorney is of paramount importance. A seasoned criminal defense attorney is usually used to working with many different aspects of criminal law, and probably have experience with everything from white-collar crimes to domestic disturbances. As a matter of fact, instances of juvenile crimes as well as handling the odd speeding ticket or other forms of traffic violation is business as usual for a criminal defense attorney. When an offense has occurred during probation or there is a need to plead for parole, this type of lawyer is also what you are looking for. It does however ring true that highly skilled criminal defense attorney will also be able to reduce the sentence for serious crimes such like drug manufacture and or dealing.Nonetheless, before hiring a criminal defense attorney it is necessary that you take into account several factors. Among the most important factors is that your lawyer ideally should have past experiences with cases similar to yours. He must also be able to demonstrate success in addressing cases such as yours. In addition, look for the fact that an attorney has the required certification to handle your kind of criminal case.

Finally, you need to also feel at ease communicating and dealing with your criminal defense attorney. Depending on your budget price is also a factor, although it should probably not be the thing to discuss first.

A criminal law attorney is generally an attorney that takes on certain responsibilities as well as is a specialist in certain subdivisions of the criminal laws that are in force. In other words, such lawyers can be classified according to certain branches of criminal laws.When there is need for a criminal defense attorney, you may be in somewhat of a hurry. But for the best results it is still important to take your time in finding the best man or woman for the job.

You can hear the sirens blaring. “Get on the ground now,” the cop screams. You’re forcibly shoved onto the ground or the hood of a car while your hands are cuffed behind you and then your put into a car to be taken away to the police station. At the station, you are put into that little room where they try to talk to you, scare you, make you say something that will incriminate yourself. Even if you’re innocent, you could walk away guilty just because you didn’t keep your mouth shut when you should have. What you need is a lawyer. And here we have a list of Portsmouth federal criminal defense lawyers who will happily stand with you and help you get the fair trial you deserve.Now, a little background. We are not recommending any of these attorneys and anything said in this article should not be construed as legal advice. We’re not lawyers, just people who believe in the constitution and who know that everyone has the right to quality counsel at one of the most stressful times in their lives. When you’re arrested, several things are required to be done by law. First, you must have your rights read to you. If your rights have not been read to you, do not remind the officer. It is his or her responsibility to do it and if they don’t, that may be cause for a mistrial. Second, while you really do have the right to remain silent, the cops will do whatever they can to get you to tell them something.Most people in these situations feel compelled to talk and think that by talking they can prove their innocence. The best advice however is to just keep quiet and demand a lawyer. If you talk without your lawyer present, it’s your problem and the lawyer will not be able to help you later, so remember, keep it quiet until your lawyer arrives. Now, here are a few firms that have Portsmouth federal criminal defense lawyers working for you:Dwyer, Donovan and Pendelton461 Middle StreetPortsmouth, NH 03801PH: 603.433.7105TOLL FREE: 800.783.5770FAX: 603.431.2130“If you, a family member, or friend is charged with or involved in a criminal investigation, it is important to have competent legal counsel representing you as early in the process as possible.  All of the DDP attorneys are experienced criminal defense lawyers, having represented clients on felony, misdemeanor and other criminal matters, specifically including Driving While Intoxicated/Driving Under the Influence cases (DWI/OUI) matters. Attorney Pendleton is also certified in standard field sobriety tests.” Desfosses Law Firm3201 Lafayette RoadPortsmouth, NH 03801Phone: 603-436-8242Fax: 603-431-5365“Desfosses Law Firm in Portsmouth, New Hampshire, represents individuals throughout New Hampshire and Maine. Our firm is devoted to two areas of law that affect entire families and their future—criminal law and family law. Our criminal defense lawyers understand the stress and worry caused by criminal charges. We use our experience, knowledge, and resources to protect your rights and minimize the impact of criminal charges on you and your family.”Samdperil & Welsh, PLLCAttorneys at LawPost Office Box 38Exeter NH, 03833(603) 436-4901  “Need help? The lawyers at Samdperil & Welsh provide experienced, resourceful, and aggressive representation to clients facing criminal charges or a DWI, in domestic and family court matters, in personal injury cases, and in other legal matters.

Legal environment now a day is becoming highly complex. Issuing and amending laws by the authorities, federals or states greatly affect our daily living. Sidney lawyers must catch up with the innovations and changes to defend the right of the client and achieve the expected outcome. The criminal lawyers Sydney have their different ways in proving their integrity and expertise. If you have been in a crime then you need an expert with broad experience to defend your rights. Criminal lawyers Sydney deals with wide range of crimes from high profile cases to minor traffic matters.

Australian legal system has large variety of criminal laws including some are homicides, robbery, fraud, etc. With these wide ranges of criminal law, the legal defence you chose to represent and protect you must possess the skills and expertise in this field. Criminal lawyers in Sydney represent the client from local to district and up to Supreme courts that will help and prepare the defendant and to achieve best possible outcome.

You must take an important consideration in selecting your criminal lawyers and seeking for an advice. Freedom is at stake in facing crimes so the need of a high quality legal defence to fight with you must be given great attention.  The top law firms in Sydney are available through different directories in the web for the convenient of potential and actual clients. Make sure you select the best criminal lawyer that has specialization in any matter of criminal law you’re dealing with.

Being arrested and charged for a crime can be frightening because police and prosecutors will make you feel hopeless. The dignity you are protecting for so long and even your life can be destroyed if you make one wrong move. In this case, do not tell anybody about your arrest and your case details because it can be use against you and can make the problem worse. An experienced Sydney criminal lawyer that you can trust is the one that will help you in facing the matter and conveying the detailed information regarding your situation.  Ask advice only to those lawyers that have excellent competence in defending a client for any criminal law.

Clients also consider their capabilities to fund for their legal defence against crimes. A competent criminal lawyer has numerous matters being stopped from going further to trial because of his/her abilities to win committal hearings. Be wise and increase your awareness with the criteria and consideration you must know in selecting your Sydney criminal lawyer to defend for you. The fate of the accused depends on the criminal lawyer so choosing your defender is a critical action.

Analysing the information about your chosen criminal lawyer is a must for the assurance of gaining the best possible result concerning your case. Information is available throughout the internet both positive and negative experience with the criminal lawyer and find useful facts that might help you to make the right choice. Some in demand criminal lawyers are too busy but do not exclude him/her to your choices.

The possibility of being in jail for a crime can be lessened by making the right decision and the right choice of criminal lawyer. Do not push yourself to accusations that are baseless, build the wall between you and the prison by getting a good criminal defence.