If you are facing a major amount of criminal debt and feel you have no way to feasibly cover the financial burden it imposes, you may be considering bankruptcy as a solution. The first thing you should know in this situation is that bankruptcy does not discharge criminal debts. The next question will probably be: if filing bankruptcy does not discharge criminal debt, then what use is it in my situation?
What bankruptcy can do is allow you to focus all your energy and resources on the potential (or already very real) criminal debt. If you are being charged with a crime that could result in a major financial repercussion, you will need all your available funds to focus on your criminal defense. If you have already been found guilty and the
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Your Other Debts Will Be Discharged: For many, this will leave a substantial amount of funds on hand to use for other purposes (i.e. the criminal defense and/or criminal debt). When faced with criminal charges, it’s not unusual for individuals to pool all their resources: sell property and other assets, gain access to retirement funds, etc. Ceasing all payments to “other” creditors as a means of paying for the new, hefty expense of a criminal defense followed by a potential criminal debt is just one more method to ensure you will be able to cover costs. Declaring bankruptcy allows you to do so.
Filing for bankruptcy is actually the fastest way to reduce debts and increase cash flow. When you file bankruptcy, you immediately stop paying debts that are seeking discharge. When the discharge is received (typically within 4 months), you are free of the debts listed in the bankruptcy discharge. You are no longer liable to pay them. In comparison, debts that result from a criminal case cannot be discharged: restitution payments, probation or supervision fees, treatment costs, community service fees, drug and electronic monitoring equipment/services, etc. Freeing yourself from your other debts can allow you to successfully cover the costs of the court-mandated financial obligations that may otherwise pose a significant problem (like incarceration for
When an offender is sentenced to imprisonment, post sentencing considerations must be made based on an evaluation of the individual and this will determine the manner in which the prison sentence is served. Post sentencing considerations include security classifications, parole and continued detention orders. These offer different levels of incapacity, accessibility of rehabilitation programs and incentives for good behaviour, and are implicated in order to achieve justice through upholding the rights of the victim, the offender and the wider community.
If you are in jail, remember to use your phone call wisely. You will want to call someone who will act as your advocate. If the bail amount is low, it's possible that you can meet the cost from your own funds. If the cost is too high, as it is for most people, it's best to call a professional bondsman service. Remember that by using a bondman you will be able use more of your savings, if necessary, on your case.
...s locked up. Money owed for various things—such as credit cards, auto loans, mortgages, child support, taxes, and more—will be waiting on the outside world whether an ex-convict is ready for them or not. In addition, most ex-convicts are required to pay for court fees, fines, and restitution (Ross and Richards, 150).
Sometimes the prosecutor will make the decision to forego prosecution. This could be done through a plea bargain or through dismissal of the charges. Plea bargains are agreements between the defendant and the prosecution, where the defendant agrees to plead guilty in exchange for a lesser sentence. There are some that feel that plea bargains don’t serve the interest of the Criminal Justice System because it is overburdening it (Whitebread & Slogobin, 2000).
The media is a dominating aspect of American culture. The way the media depicts crime and criminal behavior has an effect on the way society views crime and criminals. Television series such as CSI, NCIS, Law and Order, Criminal Minds and countless others, have become very popular in our society today showing that our culture has an immense interest in crime. It is clear that there is a fascination with criminals and why they do the things they do. To analyze the way crime dramas represent crime and criminal behavior, I completed a content analysis of one episode of Criminal Minds. The episode I chose was season one; episode eight, which first aired in 2005, titled ‘Natural Born Killer’.
The two main types of incarceration include short-term, which is used for minor crimes and offenses, and long-term incarceration which are major crimes that involve major rehabilitation. Short-term incarceration is exactly how it sounds, it is a form of confinement that lasts for only a short period of time. It is reserved for the minor crimes that are committed in order to give the correct punishment to the guilty offender. These short-term incarceration places house current and future inmates. The short-term punishments include the obvious such as more jail time, but it could also mean other forms of punishment such as house arrest, parole, work release programs, rehab, and also probation. These punishments are meant to confine the offender
Appeals & Writs: If Joe is convicted, He may file an appeal to an appellate level court with the argument that the trial court made legal errors. If the defense can prove that the trial court made legal errors, or you were denied due process of law or a fair trial, it may result in the reversal of Joes
I am applying to the Master of Arts program in Criminal Justice at Lewis University, because I want to further my education in this field of study. The Criminal Justice field is changing day by day. I must admit that it is somewhat by accident that I find myself driven towards the field of Criminal Justice. I have always enjoyed watching and reading news article on what is going on with my city. When I was young, I thought I was going to major in Computer Science in Undergrad, but quickly that was changed. My advisor at College of DuPage told me to take a class in Criminal Justice, which I did, that could have been the best decision for me. I became quickly became fascinated with a growing interest in Criminal justice. When I transfer to Lewis University my Knowledge of the field grew, and so did my curiosity about how much I can do with this degree.
The term criminal desistance refers to when offenders desist, or stop, committing crime. Desistance from crime exists when an individual has an absence of criminal behavior in their lives for a sustained period of time. By studying desistance, a better understanding of what causes individuals to commit crime is created; as well as, a better understanding as to why certain individuals discontinue their lives of crime. The criminal justice field often encompasses, serving justice by locking people up and keeping the “bad guys” away from the general public. Little thought was given as to what can be done in order to help prevent people from committing crime, until more recent years. Most criminological theories attempt to explain why people commit
The accuracy and reliability of criminal statistics is something that has been of great discussion through criminology for decades. Whilst some believe that crime statistics are a misuse of time and resources, others believe that there is some use for them within the criminological community. The inaccuracies of criminal statistics are highlighted in abundance within academic articles and research, many of which highlight the main source as the dark figure of crime. Many also suggest other inconsistencies within official statistics to be influenced by law enforcement agencies and society. But whilst there is much research to suggest that criminal statistics are unreliable and of no use, there are some that suggest that this may not be entirely
White collar crime was first defined by an American sociologist from Nebraska, Edwin Sutherland, in 1939. He defined it as “A crime committed by a person of respectability or of high social status in the course of his occupation”. Now days, it is defined as “A crime that is financially motivated non- violent and committed by business or government professionals.” White collar criminals do not use violence to obtain the money but instead they use deceit and concealment, they misuse their power and trust. It is often seen as a less serious crime although we hear about these types of crime in the news all the time. The most common types of white collar crime are embezzlement, tax evasion, money laundering.
For the offender, the main goal of diversion is rehabilitation. Diversion programs provide offenders with essential services that can address the underlying causes of criminal behavior, such as alcohol and drug abuse. It is hoped that diversion will allow offenders to establish a normal lifestyle, without the burden of a criminal record. Diversion may also be less costly for the offender and be less costly than other criminal justice processing. In many cases treatment or counseling is less expensive than prosecution and incarceration. The most obvious benefit of diversion programs is that they avoid the expense and harshness of the full operation of the criminal law. Rising prison populations and their associated costs have led criminal justice
By the end of Dostoyesky’s Crime and Punishment, the reader is no longer under the illusion of the possible existence of “extraordinary” men. For an open-minded reader, and even perhaps the closed-minded ones too, the book is a journey through Raskolnikov’s proposed theory on crime. It is a theory based on the ideas that had “been printed and read a thousand times”(313) by both Hegel and Nietzsche. Hegel, a German philosopher, influenced Dostoyesky with his utilitarian emphasis on the ends rather than the means whereby a superman existed as one that stood above the ordinary man, but worked for the benefit of all mankind. Nietsche’s more selfish philosophy focused on the rights to power which allowed one to act in a Hegelian manner. In committing his crime, Raskolnikov experienced the ultimate punishment as he realized that his existence was not that of the “extraordinary” man presented in his theory. In chapter five of part three in Crime and Punishment, this theory is outlined by its creator, Raskolnikov. Such an innovative theory would clearly have placed him in the “extraordinary” category, but when he fails to meet its standards, by submitting to the common law through his confession, the theory crumbles right before the reader’s eyes.
Chapter 7 bankruptcy can wipe out most of ones debts but certainly not all of them. Certain kinds of debt are not covered by the terms of Chapter 7. Some examples of debts that must be paid after filing for bankruptcy would include child support, alimony, income taxes and penalties, student loans, and court ordered damages due to unfair and unrightous acts. Bankruptcy courts handle your financial problems until the case ends. A court assumes control of all ones debts that are owed and all property that is not exempted. A person, trustee, is appointed to be in charge of your debt. The trustee collects property that can be taken and sells it to repay some creditors. That property can be surrendered to the trustee, one may pay the market value of it or one also may choose to trade exempt property with nonexempt property. A small number of people actually lose property when filing bankruptcy. If a person changes their mind about filing for bankruptcy they may ask the court to dismiss the case. At the end of the process the court would discharge most of the debts and one is unable to file for Chapter 7 bankruptcy again for at least another six years.
A person who is unable or unwilling to pay his or her debts may declare bankruptcy. The state of being solvent means that one has the ability to pay his or her debts. However, insolvency means that a person cannot pay his or her debts. In order to declare bankruptcy, a person must file a petition for bankruptcy in a bankruptcy court. A voluntary bankruptcy proceeding is started by the person who is declaring bankruptcy, whereas an involuntary bankruptcy proceeding is started by the creditors of the bankrupt person.