Federal Crimes and What to Do If You Have Been Wrongly Accused

False accusations can literally destroy a person’s life. Earl Washington Jr., for example, a man falsely accused of murder in 1983, spent about 18 years of his life in prison, half of which were on death row, before evidence finally exonerated him. Washington had people fighting for him, but unfortunately for most individuals falsely accused of crimes, this isn’t the case. What’s even worse than this, however, is when an individual is falsely accused of a federal crime.

Common Types of Federal Charges

There are a host of federal charges that an individual could face. Even with such a wide array of statutes, however, certain charges are more likely to be brought forth, or just capture more attention, than others.

Postal Charges: Since the United States Postal Service is part of the Federal Government, any crime committed using the mail can result in federal charges. This includes mailing drugs, toxic substances, ransom notes or even fraudulent solicitations for money.

Military Charges: Any crime involving the military, even those which are simply committed on a military base, will likely lead to federal charges. This can include evading a draft, interfering with military actions, impersonating personnel and even drinking and driving on a military base.

Firearm Charges: Individuals can also face federal firearms charges. Nearly half of these charges result from a convicted felon allegedly having a firearm.

Immigration Offenses: Immigration offenses make up more than a third of all federal criminal charges. These charges are usually brought forth when it’s discovered, often during prosecution of other crimes, that an individual is in the country illegally.

What to do about False Federal Crime Accusations

How an individual handles being falsely accused of a federal crime will play a huge role in whether or not they’re exonerated. Making one mistake can land a person in hot water, and in these situations, a failure can end with a person being imprisoned in a federal penitentiary. Because of this, there are a few simple steps that everyone accused of a federal crime should abide by.

Insist on a Search Warrant: After a person is accused of a crime, police, assuming they haven’t arrested a person already, will ask to perform a search of the individual’s property. They usually either need consent or a warrant to do this. It’s imperative to not give consent. Making police get a search warrant is the best way to ensure that they follow proper protocol.

Hire a Federal Charges Attorney: While local lawyers admitted to a state bar may be fully adept at legal defense, it’s important to realize that federal laws are much different than state laws. This means the best attorney in the state may be unable to properly defend an individual accused of federal crimes. In addition, an attorney will need to be admitted to a district court in order to defend an individual against false federal charges.

Recognize Legal Rights: Just because a person is accused of a federal crime doesn’t mean that they lose their rights. All of a person’s rights remain intact, and this is especially beneficial for those falsely accused of a crime. It’s imperative to remain silent. Far too many people think they can talk their way out of trouble, but police may end up twisting a person’s words against them. A falsely accused individual should never speak with police before speaking with qualified legal counsel.

Being accused of a federal crime is going to be a difficult experience for anyone, but for those who are falsely accused, the experience can be especially disheartening. This is why anyone facing false federal charges should follow the aforementioned steps, especially speaking with a federal defense lawyer, if they hope to walk away with their freedom. Federal charges are intensely serious, so going it alone in these situations is never advisable.

Computer Crimes and Federal Offenses

If you are under investigation for a computer crime, or if you have already been arrested for such an offense, you are probably under a great deal of stress. Computer crimes involve a wide range of activities that are otherwise illegal. When people use a computer or the internet to further commit such crimes, then they are categorized as computer or internet crimes.

These days, nearly every aspect of our society is digitalized. People can download movies, apply for a credit card, transfer balances between accounts, and pay their bills all with the touch of a button. The expanding functions of the internet have opened a whole new world to criminal outlets and activities. Criminals are finding new ways to break the law at a pace that law enforcement is struggling to keep up with. Because computers have such a large impact on society as a whole, federal prosecutors waste no time or expense in securing criminal convictions against the individuals who commit such crimes. In fact, the federal government has entire task forces devoted to tracking down and arresting people who commit these types of crimes.

What categorizes a computer or internet crime? One common aspect of computer crimes involves financial fraud and money laundering schemes. Other financial crimes committed via the internet include credit and debit card fraud, hacking and identity theft.

Computer crimes also involve harassment, spamming, phishing, and sex crimes against children. People who possess child pornography on their home or work computer, and people who distribute child pornography via the internet are in violation of the law. Unfortunately, internet crimes involving children can oftentimes be a case of mistaken identity. Perhaps you were not aware that the images were of minors, or perhaps someone else used your computer. Revealing the truth of what actually happened will be dependent upon the highly investigative tactics of an experienced defense attorney.

Because these crimes typically cross state lines, they are often classified as federal offenses. If you are under investigation for a federal crime, you could have a large government entity assisting your local law enforcement agency. This means that the prosecution will have unlimited manpower and means to pursue a conviction. If you want to effectively protect your legal rights, you are going to need the assistance of a seasoned federal criminal defense attorney on your side. Your lawyer will have a wealth of proven defense tools at their disposal. The last thing you would want to do is hire an inexperienced or apprehensive lawyer when you are fighting to preserve your reputation and your freedom. If you are under investigation for a computer crime, don’t hesitate to contact a federal criminal defense attorney immediately.

The Importance of Legal Defense When Charged With a DUI or Other Crime

If you have been charged with a DUI or any other crime or you are thinking about filing a lawsuit yourself, you naturally need the services of experienced lawyers that can provide you with a solid legal defense and represent you in court as well as handle all the legal requirements of your case. There are various types of lawyers depending on their field of specialization and more often than not, the crime you are charged with and or the type of case or lawsuit you are planning to file will also determine the kind of lawyer you need. Different lawyers have different field of specialization such as DUI, chapter 7 bankruptcy, legal malpractice, criminal cases, worker compensation, property insurance, personal injury, and other related cases.

Should you be convicted of a particular criminal offense like murder or robbery, what you need to look for are legal services that specialize in felony cases. Criminal cases are tough so you need to look for a criminal lawyer with comprehensive experience in handling and winning cases similar to yours. Naturally, if you have been notified with a divorce petition, the lawyer you need is the one who is expert in handling divorce cases. Their expertise in this field will allow you to come up with better settlement which can also prevent the case from being heard in court. But on the other hand, if ever both parties are not able to come up with a sound divorce settlement, it will be the responsibility of your lawyer to give you legal representation in the courtroom. If you are thinking of filing for bankruptcy, what you need is the expertise of bankruptcy lawyers. They can provide you significant help in assessing your financial condition as well as attend to various tasks involved in filing for bankruptcy. The lists of specializations of various lawyers are endless so before you hire one, you must first understand the nature of your case and find a lawyer suitable to handle it and provide you legal representation in the court.

On the other hand, you have to understand that criminal lawsuits are serious matter and it can also determine whether or not you will go to jail or pay a huge fine. With this in mind, finding the most suitable and well experienced attorney is also equally important if you want to succeed in your lawsuit. With a qualified and well experienced DUI Lawyer, winning a case is almost a guarantee and it can also help you stay away from jail. The only important catch here that you always have to remember is that when choosing a particular lawyer to handle your case whether you are the defendant or the accused, you need to hire the lawyer that currently has the license or jurisdiction to practice law in the area related to your case. If you are facing DUI charges and the lawyer you chose spent most of his legal career battling divorce cases, chances are he or she won’t have the needed expertise to handle DUI cases. If you are really inclined in winning your case and avoiding jail time, it is a prerequisite to find a DUI lawyer that specifically practices his or her profession in that legal aspect.

Legal, Safety and Environmental Considerations of Crime Scene Cleanup

The field of crime scene clean up is often practiced by companies that also perform blood, homicide, suicide, meth lab, odor removal and staph infection cleanups. The perils of improper crime scene clean up include legal, environmental and safety problems. Finding a company that will manage all of these perils can be difficult.

Beginning in 1969 Congress began legislating large-scale legislative frameworks such as the Clean Air Act and the Clean Water Act to address overwhelming problems of pollution and the contamination of lakes and rivers throughout our country. The development of the EPA accelerated the banning and regulation of the discharge of thousands of toxic or hazardous substances. Many states and municipalities followed suit in successive decades to regulate local pollution emissions and demand that private individuals and businesses safely dispose of a bevy of chemicals and discharges.

As the field of medicine has expanded to understand more about the dangers of biohazardous substances, they have fallen into the realm of EPA regulation. These regulations apply to both disposal and transportation of these substances. It is important to find a cleanup company that understands and follows these guidelines because with EPA, problems of compliance roll back up hill to the generator of the substances. Accordingly, public agencies and private landowners have each become knowledgeable of the necessity to utilize the services of professional crime scene clean up companies to ensure they do not suffer such exposure to unnecessary legal and liability troubles.

Additionally, OSHA, has recognized the same issues of safety in work environments apply as that of disposal safety issues and EPA. OSHA has the power to fine employers that fail to properly train and safeguard their employees when dealing with biohazardous substances. Employers, such as hotels and apartment complexes rarely have employees properly trained and equipped to handle death and accident scenes that involve blood or other bodily fluids. Therefore it is imperative that they hire a crime scene company that does have the proper training and follows OSHA guidelines when cleaning biohazards on their properties.

Last, most companies that would need a cleanup tend to see things as a cost analysis issue. Unfortunately for them and for the public, they forget to factor in the liability cost. If they are caught disposing of biohazardous substances improperly or an employee or client becomes sick as a result of improper cleaning or disposal, the liability can be in the millions. It is cheaper in the long run to just do it correctly and hire a professional company to handle any of the things falling under the heading of crime scene cleaning.

White Collar Crimes – What You Need to Know

White collar crime is a broad legal term that encompasses various types of criminal offenses that are non-violent in nature, and usually involve fraud and illegal business or financial transactions. Bank fraud, credit card fraud, social security fraud, identity theft, money laundering, counterfeiting, insider trading, identity theft and forgery are examples of white collar crimes. These crimes are prosecuted seriously by federal and state attorneys.

By way of background, Edwin Sutherland, a notable sociologist, first coined the term, “white collar crime” in 1939 when he argued that there must be significant differences between crimes like burglary, robbery and murder, which he categorized as blue collar crimes and the ones he categorized as white collar ones, such as fraud. Sutherland went further saying that white collar crimes are more injurious to the society than their blue collar counterparts, and that white collar offenders are treated with more lenience.

The legal term was originally intended to categorize offenders, but it has been used since then to include a wide range of nonviolent offenses. Today the Department of Justice defines white collar crime as “offenses of non violent illegal activities which primarily entail traditional ideas of deception, manipulation, deceit, subterfuge and breach of trust.”

One of the most common types of crimes committed by white collar workers is embezzlement. This type of offense takes place when a person dishonestly handles money that is entrusted to his or her care. For instance, when an employee takes money from a corporate account, and spends the money for his or her personal gain.

Another type that is often associated with this form of crime is fraud. The most common types of fraud today include internet fraud, credit card fraud, commercial fraud, phone or telemarketing fraud, mail fraud, insurance fraud and healthcare fraud.

If you are notified that you are under investigation of a white collar crime, it is wise if that you hire an attorney right away. Remember that you are not obligated to speak with law enforcement officers at all about the alleged offense and it is wise that you do not do so before consulting with a criminal defense attorney. All too often those under investigation for white collar crimes mistakenly believe they can talk their way out of an arrest.

Just bear the things I discussed in this article about this particular type of crime so that you won’t commit another mistake when you are charged with it.

Disclaimer: Any information contained in this article should not be construed as legal advice.

Self Defense Legal Issues – Can You Be Prosecuted For Self Defense?

He was hiking up a trail in Coconino County Arizona in 2004 when suddenly a growling dog charged down the path running straight towards him. He quickly pulled his handgun and fired a round in the ground. The dog then retreated to safety, then suddenly an angry man came running down the trail threatening to kill him. Claiming self defense he fired three shots killing the attacking man.

This case received national attention, since carrying a gun is not illegal in Arizona many viewed this as a text book legal use of deadly force. However, prosecutors disagreed and charged the shooter with 2nd degree murder. He was later convicted and sentenced to 10 years in prison. This is a common misunderstanding. The vast majority of Americans does not understand the legal issues involved in the use of force for self defense.

There have been thousands prosecuted for excessive force used in their self defense. Most were utterly shocked when they were charged with a crime. Even if, they were not convicted the cost from their legal expenses and the strain from prosecution leave many bitter and resentful of our legal system. This is a complex legal issue that remarkably few not trained in the law comprehend, even trained Police Officers have been charged with unnecessary use of force, and some are incarcerated.

A friend of mine recently explained that if someone attempted to climb in his window in daytime or night, he would shoot them. I explained to him that even soldiers in combat have rules of engagement. It is foolhardy to assume that civilians have carte blanch permission to use any method of self defense. It is essential that we realize that the threat of danger or preventing crimes does not necessarily legally justify the use of deadly force. Legally, the use of unlawful deadly force is grounds for prosecution. It does not matter if the person actually dies.

Legal Use of Deadly Force

Although the laws in your state may not be exactly the same, essentially most are unified in this fundamental concept. You can only use deadly force in self defense for protection from serious bodily injury or death. This law also would provide for the protection of others. If someone attacked you with a deadly weapon you can use deadly force, on the other hand, if someone attacks you with their hands only in rare occasions would you be allowed to use deadly force. For example, you are beaten badly, and the attacker refuses to stop.

Legal Use of Non Lethal Force

Using non lethal self defense weapons for protection is the more realistic approach, in most situations. It is highly unlikely you will ever be charged with any crime if you use them in your defense. This includes in the few states where they are banned. The only exception might be if you started an altercation and used the weapon. However, if you did not initiate the attack, using non lethal self defense weapons would most likely allowed. If you want to avoid prosecution, the logical choice would be to use nonlethal weapons, unless protecting yourself or others from serious injury or death.

Examples of White Collar Crimes and Wire Or Mail Fraud

The term “white collar crime” describes a variety of conduct. The term was first used by Edwin Sutherland when he addressed the American Sociological Society in 1939. Dr. Sutherland presented the position that corruption among affluent business and government officials caused as much harm to society as what is commonly referred to as “street” or “blue collar” crime. Thus, society should take action to identify and punish individuals involved in such conduct.

Perhaps “white collar crime” is best defined as property crimes associated with business that do not result in physical injury to any person. This broad definition can apply to complex investment schemes such as those publicized in the Enron scandal, or insider trading allegations such as those brought against Martha Stewart. The definition can also apply to more direct criminal activity such as telemarketing schemes, Internet fraud, and embezzlement.

Some examples of “white collar crimes” are: access device fraud, bank fraud, blackmail, bribery, cellular phone fraud, computer/Internet fraud, counterfeiting and forgery (not only currency but also certificates, documents of authenticity, licensing documents, identity, contractual agreements, etc.), credit card fraud, futures speculation schemes, copyright infringements, embezzlement, environmental regulation violations, extortion, fraud involving the health care industry, insider trading, insurance fraud, investment schemes, money laundering, securities fraud, tax fraud and evasion, telemarketing schemes, fraud involving illegal attainment of government services or benefits, bait and switch schemes, price fixing, false advertising, improper weights and measures for marketable goods, etc. This is by no means an exhaustive list of all of the conduct that could be characterized as “white collar crime.

Often, subjects of investigations of “white collar crimes” are accused of committing wire or mail fraud, obstruction of justice, or for making false statements to federal investigators. Wire and mail fraud prosecutions are very common in the arena of “white collar crime.” The difference between wire or mail fraud is that with wire fraud, the defendant used the “wires” (i.e., phones, fax, radio, etc.) to further the scheme to defraud, whereas with mail fraud, the defendant uses the United States Postal Service. See 18 U.S.C. yy 1341, 1343. The wire and mail fraud charges are very serious charges. The two carry a statutory maximum penalty of twenty (20) years imprisonment!

You may wonder why you or your company may be charged with wire or mail fraud for conduct that is more specifically addressed in other statutes. Especially in light of the fact that in today’s marketplace, businesses of all types are highly regulated. Perhaps it was explained best in a Second Circuit case from New York: “To federal prosecutors of white collar crime, the mail fraud statute is our Stradivarius, our Colt 45, our Louisville Slugger, our Cuisinart–and our true love. We may flirt with RICO, show off with 10b-5, and call the conspiracy law ‘darling,’ but we always come home to the virtues of 18 U.S.C. y 1341, with its simplicity, adaptability, and comfortable familiarity.”

United States v. Pisani, 773 F.2d 397, 409 (2nd Cir. 1985) (citing Rakoff, The Federal Mail Fraud Statute (Part 1), 18 Duq.L.Rev. 771, 771 (1980)) (footnotes omitted).

In other words, due to the simplicity of the wire and mail fraud statutes and because of the fact that oftentimes prosecutors are unable to identify violations of more specific statutes, the prosecutors simply rely on their “sweetheart” statutes, Mail or Wire Fraud. The prosecutors twist the facts in an attempt to satisfy the elements of the Mail or Wire Fraud statutes.

If you have been charged with Mail or Wire Fraud, or conspiracy to commit mail or wire fraud (which carries the same penalty as Mail or Wire Fraud), you are facing very serious charges. The author HIGHLY recommends that you obtain COMPETENT legal counsel IMMEDIATELY. If you anticipate that you may face Mail or Fraud charges, or conspiracy to commit Mail or Wire Fraud charges, the author recommends that you obtain COMPETENT legal counsel AS SOON AS POSSIBLE. If you are aware that you or your company is being investigated as a result of your business activities, the author recommends that you obtain COMPETENT legal counsel AS SOON AS POSSIBLE.

Competent legal counsel is very important from the moment that you realize you may be the subject of an investigation for any conduct that may constitute “white collar crime.” Often, legitimate business people find themselves prosecuted for unintentionally making false statements to investigators (just ask Martha Stewart), or for other unintentional actions that can be construed as an attempt to obstruct justice. The risk of such prosecution necessitates the acquisition of legal counsel as soon as possible.

Internet Crimes: Definition and Penalties

An internet crime, or cybercrime, refers to any illegal practice that involves the use of a computer or network, or targets a computer or network. According to the Federal Bureau of Investigation, their key priorities in regards to cybercrimes are: computer intrusion, online predators, piracy, and fraud. Computer intrusion costs individuals and companies billions of dollars every year. By breaking into personal computers, laptops, and networks, hackers can disrupt and sometimes permanently damage vital computer systems. The reasons for computer intrusion vary from the theft of personal information to illegal business practices to terrorism.

Child pornography and online predators are another important focus of the FBI. The Innocent Images National Initiative is part of their Cyber Crimes Program and is dedicated to fighting the spread of child pornography online. It is against federal and state laws to make, own, sell, or distribute any pornographic materials that contain minors. Although each state is different, even the possession of one picture can lead to five years in prison. As one of the fastest growing crimes on the internet, it can be used for a number of purposes. Pedophiles view it, but others use it to prepare children for child prostitution, an act known as child grooming. 18 U.S.C. Chapter 110, Sexual Exploitation and Other Abuse of Children, states that violators can be punished by fifteen years in federal prison.

A crime that has garnered a mass amount of media attention is that of piracy: intellectual property theft. Intellectual property includes: music, books, movies, art, inventions, phrases, designs, and more. Materials that are protected by copyright or trademarks are illegal to copy or distribute without permission. Penalties for piracy vary based on the amount copies or distributed. The FBI has been working on educating the public regarding the seriousness of this crime and the fact that it is theft.

Lastly, another widespread internet crime is fraud. Fraud is a broad category of crimes that involve dishonest acts. When misrepresentation occurs on the internet, it becomes a cybercrime. The most common reason for fraud is monetary gain and can be civil or criminal in nature, depending on the law of the state. The main types of fraud are: identity theft, credit card fraud, bankruptcy fraud, and securities fraud.

If you have been accused of any type of internet crime, it is highly encouraged that you speak with a legal professional as soon as possible. As these crimes can be investigated by government agencies, you need a strong legal representative to be on your side. Time is crucial, so do not wait to get the help you need.

The Miller Law Firm has over twenty years of experience in criminal defense law. With a former assistant state prosecutor on their team, they have the skill and ability to handle even the most complex and serious criminal cases. By speaking to a Sarasota criminal attorney from their team, you could receive the strong legal representation you need to get your case dismissed. From drug crimes to DUI to sex crimes and theft crimes, they have handled hundreds of criminal cases. You deserve professional and high-quality legal defense and they could be able to help you get your life back on track and retain your freedom. To learn more about how they can help you, contact a Sarasota criminal lawyer from their firm. They are available twenty-four hours a day, seven days a week, so call today or visit their website at http://www.sarasotacriminaldefenselawfirm.com.

Know Your Legal Rights During Questioning and Arrest

Anyone who is unfortunate enough to fall under investigation or arrest by law enforcement must learn their legal rights, or else. Fortunately, in the United States everyone has the constitutional right to legal counsel at all the crucial stages of a police investigation. Furthermore, it is always in a suspect’s best interests to retain legal counsel at the earliest opportunity if they want to avoid negative ramifications. Failure to have an attorney to represent you can have a significant effect on the outcome of your case. When you are dealing with your life and your future, you want to have the highest quality representation available to you.

Sometimes the most crucial time to hire an attorney is before the suspect is pulled into interrogation. That way, he or she can be effectively protected against the threat of self-incrimination. Self-incrimination is a very real and valid threat, even if the suspect is entirely innocent of committing a criminal offense.

A person can accidentally say something that can turn the cards against them, and therefore, helping the police secure a conviction, as opposed to exonerating the suspect. Although the old saying says, “The truth will set you free,” in many cases anything you say can and will be used against you. For this reason, it is extremely important that you refrain from speaking with law enforcement or answering any questions without an attorney present.

False confessions are a leading cause of wrongful convictions in the United States, so much that the legal community has recognized their merit and used such premise to exonerate wrongfully convicted and incarcerated prisoners from our nation’s prisons.

Police lineups are a cause for concern for potential suspects. One cannot rely on eyewitness testimony to set them free. Quite the contrary, eyewitness misidentifications are the leading cause of wrongful convictions, for this reason, having an attorney prior to participating in the police lineup is absolutely critical if the suspect wants to avoid an eyewitness misidentification that can cost them their freedom.

Retaining legal counsel can not only protect the suspect’s legal rights during the lineup, the attorney can monitor the conduct of law enforcement and offer protection against suggestive police procedures. Having legal counsel at such time can potentially be of great consequence and should not be avoided, regardless of a suspect’s innocence.

It is always best to retain legal counsel at the first opportunity in a criminal investigation. A New York City criminal defense attorney will be your greatest asset during this difficult time in your life. They will ensure that your 5th Amendment rights against self-incrimination, your 6th Amendment rights to Assistance of Counsel and our Due Process rights (5th & 14th Amendments) are vehemently guarded against damaging admissions or mistaken identifications.

Hochheiser & Hochheiser, LLP, is a seasoned criminal defense firm located in New York City. Their firm provides a wide variety of services to clients facing criminal charges. They can assist clients who are facing charges for conspiracy, domestic violence, drug crimes, false/coerced confessions, gun crimes, sex crimes, violent crimes, white collar crimes and many more. In all the cases they take on, they fight relentlessly tooth and nail to alleviate or eliminate the charges against their clients.

Insanity As a Legal Defense in Criminal Cases

There are several ways on how a person can excuse himself from a certain crime. A person who is charged with a crime, need to have a highly regarded criminal defense attorney to help him get through the case. Right after the accused seek counsel, the next step is to think of the defense that they must use on the court proceeding, to prove their innocence. There are various defenses that they can use. Some of it includes the presumption of innocence, establish an alibi, proclaim self-defense and using insanity as a plea.

When the presumption of innocence is used, it is the prosecution who has a bigger task in finding evidences and witnesses to prove that the accused committed the crime. In the court of law, any accused person is presumed innocent until they are proven to be guilty of the crime. When the accused establish an alibi, there must be al least a witness or evidence that you are not indeed around when the crime happened. In using self-defense as an excuse, you must prove to the court that you were able to commit the crime out of the need to defend your life because you are in danger. The last defense will be discussed further.

Today, regardless of what state a person is or what part of the world they are at, insanity as a legal defense in court proceedings is now taken with full seriousness and careful examination. Why is legal insanity being used by many people as an excuse for a crime? This is because an insane person does not have the ability to think right and act right. An insane person does not know the law. The insane people do not even think of themselves or the other people. A person is said to be insane when they have severe mental disease. They are totally excused from the crime that they have committed once they are proven by certified medical personnel.

In cases wherein the client of a defense attorney is legally insane, they must prove to the court that the accused person is insane. Several tests and examinations as well as testimonials can prove that the accused is truly insane. If the accused person, resides in Utah, he can have a Utah Defense Attorney, Utah criminal defense attorney, Utah criminal attorney, or defense attorney Utah that can help them prove the insanity of the accused person. A UT Defense Attorney can gather facts, examination results and medical records that his client is legally insane.

Over the years, the way how the court sees legal insanity as a defense in court proceedings vary from time to time. However, today, almost all went back to the strict definition of legal insanity. The way how the court rules towards an insane person before are automatic excused of the crime that was committed; but now, everything became stricter. In general, a person is said to be legally insane when they do not know what is right and what is wrong. This also means they do not know what is moral and immoral. Although many cases were dismissed because the accused is legally insane, the defense attorney must prove to the court the validity of insanity during the time that the crime was committed.

In any court proceeding, we cannot held a legally insane person to be responsible of his conduct because as we have mentioned, they do not know that what they are doing at the time of conduct is right or wrong. A legally insane person cannot think logically, in this regard, he is acquitted of the crime. After the case, what happen usually is that the insane person must undergo psychiatric treatments. They are placed in a mental asylum for treatment. In cases that the insane person truly committed the crime but is not aware that he or she did it because of insanity, they are required to be held in a mental institution until they can no longer be a threat to anyone. Again, they can only be acquitted once a psychiatrist or a psychologist testifies his mental illness at the time of offense and a series of tests or mental evaluation.

On the other hand, the defense of having temporary insanity is hard to defend in the court of law. It will be extremely hard for the defense attorney to prove that his client is insane at the time that the crime was committed. The legal system finds it moral to submit the insane person for a medical and psychological treatment regardless if they are proven to commit the crime or not, because legal insanity as a defense means the person does not have the ability to think properly, they do not know right from wrong, and what is moral or not.