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1) the defendant invoked the right to silence or

2) the defendant invoked the right to counsel. As soon as a defendant invoked either of these rights, the questioning and interrogation must stop. If the questioning continued and the police obtained incriminating statements from the defendant, these statements should be suppressed and the State will not be permitted to utilize them in court. As you can see, it is essential that you hire an attorney to represent you prior to any questioning during the investigation stage of the criminal process.

Contact the experienced attorneys at the Law Offices of PAK & UAE Lawyers with any questions or concerns that you have at

+92(0)3332244634 / 3002176393.

Bench and Arrest Warrants:

An arrest warrant or bench warrant is a court order that allows a police officer to arrest you without notification of the warrant. If you believe that you are subject to a warrant or your loved one has recently been arrested under a warrant, it is important to consult with an attorney as soon as possible to protect your rights.

Facing Potential Arrest: is there a bench warrant in your name?

If you believe that there is a bench warrant with your name on it, you can take necessary action to avoid arrest. A bench warrant is usually issued after a failure to follow a preliminary court order. You may have failed to appear in court, failed to pay a fine, or failed to appear for a sentencing hearing. In any case, it is important to protect your rights if there is a bench warrant in your name. As your legal representatives, we will seek a voluntary arrangement for you to appear without being arrested. Making an appearance without an attorney could result in your arrest and the necessity to post bail money.

Why is there a bench warrant?

· You may have failed to make an appearance

· Failed to pay a fine according to a payment plan

· Your license may have been suspended after a court violation

· You may have violated another court order

Protect your rights: Do not make any statements without an attorney

Whether you are confiding with a friend or are facing questions by an officer, you should not make any statements without first consulting with an attorney. If you have been arrested, you are not obligated to make any statements about your case. Before consulting with an attorney, you should avoid making statements to officers, prosecutors, or the court to protect your rights and interests.

Experienced advocacy focused on strategic defense

Even if there is a bench warrant in your name or you have been arrested, you do have a defense. You may not have received notice. If there is an arrest warrant, you can still challenge the evidence presented against you. We will effectively navigate the system on your behalf to successfully defeat charges and minimize penalties in your case.

If you have been charged with a crime, you can talk to PAK & UAE Lawyers with any questions or concerns that you have at

+92(0)3332244634 / 3002176393.

Formal Arrest and Charges in a Criminal Case:

After the investigation stage of the criminal process, the State may arrest and charge the defendant with one or many criminal offenses. The State must have probable cause to arrest the defendant. This essentially means a reasonable belief that a crime was committed and the defendant committed the crime. Once the defendant is arrested, the police must read him or her famous warnings.” These include the right to remain silent and the right to an attorney. It is also important to remember that anything you say to the police during your arrest can be used against you at a later date.

The police may also conduct a search incident to arrest. This means that the police may search the defendant and the area immediately surrounding the defendant for weapons and/or evidence of the crime. However, there may be certain issues that can be raised by an experienced criminal defense lawyer if the State failed to obtain a warrant and the search was not valid under any of the warrantless search exceptions to the warrant requirement.

Following the defendant’s arrest, the defendant must be processed at the police station. During the booking process, the defendant will be fingerprinted, a photograph will be taken, and the defendant must provide certain pedigree information (name, date of birth, etc.). Then, a bail amount will be set by a Superior Court judge. This bail amount can range anywhere from “ROR” (released on your own recognizance without any bail) depending on the charges and the degree of offense in Pakistan & United Arab Emirates.

Contact the experienced attorneys at the Law Offices of PAK & UAE Lawyers with any questions or concerns that you have at

+92(0)3332244634 / 3002176393.

Criminal Legal Process: The Indictment

If your case does not resolve during Pre—Indictment Negotiations, such as Pre—Indictment Proceedings, the case will then be presented to the Grand Jury for an indictment. An indictment is a written statement of the essential facts which constitute the crime you are charged with. The indictment must be signed by the prosecutor and endorsed by the foreman of the Grand Jury as a True Bill. The indictment must also contain the specific statute for the crime charge. Once an indictment has been returned, it is filed with the Court and the case will proceed.

There are members of a grand jury. An indictment may be found only if one or more (a majority) of the grand jurors vote to return an indictment. Remember, the rules of evidence that apply during a Grand Jury Proceeding are different than the rules of evidence that apply during a criminal trial. For example, hearsay evidence may be presented to the Grand Jury as well as illegally seized evidence. On the other hand, this evidence is not permitted during the actual trial. Further, the prosecutor and the grand jurors are the only people allowed in the grand jury room besides witnesses in the case. There is no defense attorney. There is no judge. As a result, it is very easy for the State to obtain an indictment in the vast majority of cases.

Contact the experienced attorneys at PAK & UAE Lawyers with any questions or concerns that you have at

+92(0)3332244634 / 3002176393.

Pre—Trial Conference:

The next court appearance after the arraignment is typically a status conference or a pre—trial conference. The pre—trial conference is held to discuss the progress of plea negotiations between the defendant and the State. The Court Rules require that the pre—trial conference be held within sixty (60) days of the arraignment. The rules also allow for multiple pre—trial conferences which is typically the case. At the pre—trial conference, the parties also discuss any outstanding discovery issues that may remain. Finally, there is often a plea—cutoff date set in both Countries. This means that the plea offer from the State is no longer valid as of a certain date. At that time, the case will almost inevitably move to trial.

In most cases there are several pre—trial or status conferences. These conferences allow defense counsel and the prosecutor to examine the case and the evidence presented and determines the best possible resolution to the case. For example, the initial plea offer from the State is not always the best offer. These status conferences allow defense counsel to “poke holes” in the State’s case in order to potentially obtain a more favorable plea offer from the prosecutor’s office. However, sometimes the offer does not get any better and the defendant must decide whether or not he or she wants to accept the plea deal or schedule the case for trial. It is imperative that you hire an experienced criminal defense lawyer to assist you throughout this process.

Contact the experienced attorneys at PAK & UAE Lawyers with any questions or concerns that you have at

+92(0)3332244634 / 3002176393.

Going to Court — What to Expect When You Go to Court:

For many clients, one of the most intimidating aspects of a criminal case has to go to court. At the Law Offices of PAK & UAE Lawyers, we are committed to providing our clients with the experienced advocacy, counsel and support they need to make a successful court appearance.

If you are going to court:

· Dress nicely

· Be respectful to court staff

· Be prepared by consulting with an experienced attorney

Consult with an attorney before heading to court

Before your appearance, our attorneys will review the criminal legal process with you and give you the right information so that you know what to expect before you enter the courtroom.

During the criminal legal process, which can include status conferences, Pre—Indictment Conferences (PIC), arraignment, pre/post—indictment, and the potential negotiation of a plea deal, we will offer our advice, and collaborate with you to make a decision whether or not you should accept the plea deal or go to trial. If you decide to accept the plea deal, you will go on record before the judge, pay fines and court costs and resolve your case. If you decide to go to trial, a trial date will be set and our attorneys will begin trial preparation.

Contact the experienced attorneys at PAK & UAE Lawyers with any questions or concerns that you have at

+92(0)3332244634 / 3002176393.

Motions:

The most common motions filed in a criminal case are motions to suppress evidence. This evidence can include drugs, guns, or the famous “bloody glove” from the murder trial. Moreover, a motion to suppress can move to suppress statements made by the defendant if they were unlawfully obtained. For example, if the defendant invoked the right to silence or the right to counsel and the police continued to interrogate or question them, any statements obtained should be suppressed.

The technical method of suppressing these statements or other unlawfully obtained evidence is called a motion. A motion is a legal pleading which asks the court for some specific action. For example, if the police seized certain evidence, say marijuana or cocaine, but failed to obtain a warrant for this search and the search is not valid under any of the exceptions to the warrant requirement (such as “search incident to arrest” or “the plain view doctrine”) then this evidence was seized unlawfully. An experienced criminal defense lawyer will file a motion to suppress this evidence and the judge will rule on the motion. If the evidence is suppressed, it will not be used against the defendant at trial or in any plea negotiations.

Contact the experienced attorneys at PAK & UAE Lawyers with any questions or concerns that you have at

+92(0)3332244634 / 3002176393.

Entering a Plea:

Following a status conference or pre—trial conference, the parties may reach a plea agreement prior to going to trial. This plea agreement may include a guilty plea to a downgraded charge or a guilty plea to one of the charges and a dismissal of other charges. Moreover, a guilty plea will typically include a sentencing recommendation to the Judge concerning potential jail time.

If both sides reach a plea agreement, the guilty plea must be entered on the record before the Court. Once the parties reach a plea agreement, the Court will schedule a hearing whereby the defendant will plead guilty. This guilty plea must also include a factual basis for the underlying offense. For example, if the defendant is pleading guilty to aggravated assault, the defendant must appear in court, enter a plea of guilty, and tell the court how and when the assault was committed. This is known as a “factual basis” for the plea. Finally, the defendant must also fill out forms related to the plea showing that the defendant understands that he or she is giving up the right to a trial and that the plea of guilty is a knowing and voluntary plea.

Following the plea, the Court will prepare a pre—sentence report so that the Judge is fully informed of the defendant’s background, prior record, etc. when sentencing the defendant. The Court will then schedule the defendant for sentencing. As you can see, the defendant is not sentenced at the time he or she enters a plea of guilty. This is done at a later date.

Contact the experienced attorneys at PAK & UAE Lawyers with any questions or concerns that you have at

+92(0)3332244634 / 3002176393.

Trial:

If a plea agreement cannot be reached with the State, the defendant has a right to a trial. It is important to hire an experienced criminal defense lawyer who is ready and willing to take your case to trial if necessary. Under the Constitutions, the defendant is entitled to a trial by jury. Generally, the right to a jury trial applies to all criminal acts where the penalty involved is six (6) months or more of incarceration if convicted. In Pakistan and United Arab Emirates, these matters are handled at the Superior Court level. Anything involving six (6) months or less of incarceration is known as a Disorderly Persons Offense and will be handled at the Court level.

The right to a jury trial can be waived by the defendant if the court approves. If the judge grants this request, the judge tries the case in what is known as a “bench trial”. Moreover, the defendant has the right to be present during all stages of the trial process, including jury selection. Once all jurors and any alternates are selected, the jury is sworn and the trial begins. The trial includes opening statements, the prosecution’s case in chief, the defendant’s case and presentation of evidence to the court, and closing statements. The jury then deliberates and returns a verdict of “guilty” or “not guilty” to the court.

Contact the experienced attorneys at PAK & UAE Lawyers with any questions or concerns that you have at

+92(0)3332244634 / 3002176393.

Sentencing:

If a defendant decides to enter a plea agreement with the State rather than go to trial, the next step in the criminal legal process is sentencing. After the defendant enters a plea of guilty and provides a factual basis to the Court for the underlying offenses committed, the Court will then schedule a new court appearance for sentencing. In the meantime, the Court will create a Pre—Sentence Report for the sentencing Judge which includes the defendant’s pedigree information, family history, educational background, and any prior criminal record. This report ensures that the Judge will be fully informed of the surrounding circumstances when sentencing the defendant.

Moreover, if the defendant enters into a plea agreement with the State and, for example, the agreement includes a sentencing recommendation of “3 flat” which means a three—year prison sentence, this is only a recommendation to the Court. The Judge has to discretion to sentence to the defendant to less than 3 years or more than 3 years in prison. However, if the Judge sentences the defendant to more than 3 years in prison, the defendant then has an opportunity to withdraw his plea and begin the criminal legal process again. Further, the guilty plea or factual basis cannot be used against him or her as the criminal process starts over.

Contact the experienced attorneys at PAK & UAE Lawyers with any questions or concerns that you have at

+92(0)3332244634 / 3002176393.

Post—Conviction Relief Attorneys:

Post—Conviction relief is available where an appeal may have failed or if you did not pursue an appeal in time. You may be seeking post—conviction relief to clear your record or to reopen a matter than has been previously resolved. At the Law Offices of PAK & UAE Lawyers, our attorneys offer strategic, committed support focused on protecting our clients after a decision has been made in their criminal case.

Reopening a previous case to reduce penalties and charges:

Post—Conviction relief may be the solution you need to minimize the impact of sentencing or to protect your rights if you have been previously charged with a crime. We may be able to seek a diversionary program to lessen your sentence or pursue post—conviction relief to improve the outcome of a current case. If you have a previous charge, we may be able to reduce current charges through post—conviction relief.

We are experienced in post—conviction relief matters involving:

· Driver’s license revocation

· Surcharges related to licensing

· Diversionary programs

· Post—Conviction motion/Expungement

· Driving while intoxicated (DWI/DUI)

· Assault & Threat Offenses

· Drug possession and distribution

· Theft and fraud offenses

· Sex crimes

· Traffic offenses

· Firearms and other weapons offenses

· Murder & Manslaughter

The Appeals Process:

In addition to post—conviction relief through Expungement, we can also represent you in the appellate process. Whether you are appealing a First Instance Court decision or the decision of a Superior Court, we have the experience to effectively represent your interests. You may be able to appeal your case for ineffective assistance of counsel, judicial error, and an erroneous application of the law. We will begin an immediate investigation to collect all necessary evidence in support of your appeal.

If you are considering an appeal, it is important to contact an attorney as soon as possible to protect your rights. Appeals do have a very short timeframe and you should know your rights as soon as possible.

Contact the experienced attorneys at PAK & UAE Lawyers with any questions or concerns that you have at

+92(0)3332244634 / 3002176393.

Criminal Appeals Attorney

Even after you have been convicted of a crime, your case may not be over. If you believe that you were wrongly convicted of a crime and want to appeal the decision, it is important to consult with an attorney as soon as possible to discuss your case. At the Law Offices of PAK & UAE Lawyers we have extensive experience in the unique area of criminal appeals and can effectively protect your rights after a conviction.

Strategic, experienced advocacy in appellate law:

Appellate law is very different from a preliminary criminal matter. In order to succeed in an appellate case, you must be able to demonstrate that an error of law was made during the handling of your case. Whether your attorney did not adequately represent your interests, the court made an error in jury instruction, or the law was improperly applied, it is important to know your rights and options if you are considering the appeals process. We handle appeals at the Lower and Superior Court level, including appeals for unlawful search and seizure and improper sentencing.

We are experienced in appeals involving:

· Sex crimes

· Expungement

· Federal crimes

· Traffic offenses

· Juvenile offenses

· Murder & Manslaughter

· Theft and fraud offenses

· Assault & Threat Offenses

· Drug possession and distribution

· Driving while intoxicated (DWI/DUI)

· Firearms and other weapons offenses

Post—Conviction Relief:

In addition to criminal appeals, we also handle post—conviction relief motions, including Expungement . If you have been charged and convicted of a crime, it is important to know your options and rights from appeals to Expungement. Our team of criminal defense trial attorneys can help to protect your long—term interests by seeking to clear your criminal record.

If you or a loved one has been charged with a crime, you can talk to PAK & UAE Lawyers at

+92(0)3332244634 / 3002176393.

Degree of Offenses:

Essentially, crimes are categorized in four degrees. The statute governing the degree of offenses which reads in pertinent part:

Degrees of crimes:

a. Crimes defined by this code are classified, for the purpose of sentence, into four degrees, as follows:

(1) Crimes of the first degree;

(2) Crimes of the second degree;

(3) Crimes of the third degree; and

(4) Crimes of the fourth degree.

A crime is of the first, second, third or fourth degree when it is so designated by the code. An offense, declared to be a crime, without specification of degree, is of the fourth degree.

b. Notwithstanding any other provision of law, a crime defined by any statute of this State other than this code and designated as a high misdemeanor shall constitute for the purpose of sentence a crime of the third degree. Except as provided in sections and notwithstanding any other provision of law, a crime defined by any statute of this State other than this code and designated as a misdemeanor shall constitute for the purpose of sentence a crime of the fourth degree.

Penalties for First, Second, Third, and Fourth Degree Crimes

Generally, the penalties imposed for crimes are as follows:

· First Degree involves ten (10) to twenty (20) years in prison

· Second Degree involves five (5) to ten (10) years in prison

· Third Degree involves one (1) to five (5) years in prison

· Fourth Degree involves up to eighteen (18) months in prison

· Disorderly Persons Offenses involve up to six (6) months in prison

Contact the experienced attorneys at PAK & UAE Lawyers with any questions or concerns that you have at

+92(0)3332244634 / 3002176393.

Felony Criminal Charges:

The Law Offices of PAK & UAE Lawyers represents clients charged with felony criminal offenses such as aggravated assault, prescription drug distribution, theft by deception, and robbery throughout Pakistan and United Arab Emirates.

Felony Charges: Indictable Criminal Offenses

Any “felony” charges are known as indictable offenses and are handled at the Superior Court level. These indictable criminal charges are categorizes in terms of degrees. A first degree offense includes between ten (10) and twenty (20) years in prison if convicted. A second degree indictable offense has a presumption of incarceration and requires a prison term between five (5) and ten (10) years in jail. A third degree criminal offense has a range of three (3) to five (5) years in prison. Finally, a fourth degree offense has a maximum of eighteen (18) months in prison if convicted of the offense. The four degrees of indictable criminal charges are essentially “felony” charges. Any other charges are known as disorderly person’s offenses (or “misdemeanors”) and have a maximum of six (6) months in prison if convicted.

Superior Court Criminal Offenses:

Some of the indictable or “felony” criminal charges our experienced criminal defense trial lawyers typically handle include:

· Burglary

· Robbery

· Sexual Assault

· Theft by Deception

· Aggravated Assault

· Cocaine Possession

· Prescription Drug Distribution

· Endangering the Welfare of a Child

Contact the experienced attorneys at PAK & UAE Lawyers with any questions or concerns that you have at

+92(0)3332244634 / 3002176393.