About Tim Kelly, J.D.
Tim Kelly is a graduate of Mitchell Hamline School of Law in St. Paul, Minnesota. A writer by trade, Tim worked for years in retail copywriting before serving as an entertainment journalist both online and in print. As a journalist, he was quoted by the New York Times, CNN.com, and EW.com; and saw his written work published in the World Film Locations series of books. In 2017, he shifted his focus toward the legal industry, with an emphasis on small business law. Tim currently writes for SuperLawyers.com and lives in the Twin Cities, where he enjoys being a husband and new dad.
Articles written by Tim Kelly, J.D.
Driving Barefoot: Is It Legal?
Admit it. At one time or another, we've all done something that had us running to a search engine later on asking, "Was this legal?" Oftentimes, these are purely inconsequential acts such as accidentally double parking or unknowingly wandering onto private property. With so many laws, it's easy to have questions about certain acts that, while arguably mischievous, might not rise to the seriousness of a crime. For many, the act of driving barefoot can fall into this category. The good news is …
Private Gun Sales: Are They Legal?
Private gun sales are legally permitted if sellers comply with state laws and local ordinances that regulate private gun transfers. State laws restrict intrastate transfers by unlicensed sellers engaging in occasional sales or selling from their private collections. Private sale regulations include residency requirements, bills of sale, transfer permits, and background checks. Federal regulations restrict for-profit sales, gun sellers engaged in business, and transfers across state lines. Using …
When Should I Hire a Criminal Defense Attorney?
You should hire a criminal defense attorney when you are facing police questioning, a criminal investigation, or formal charges in an arrest warrant. An attorney provides legal protection during your bail hearing, jury trial, and other court appearances. Defense lawyers challenge the prosecution's case, file evidence suppression motions for search warrant rights violations, challenge witness statements, and provide a trial defense. An attorney can negotiate sentencing options during plea …
How To Pay For a Criminal Defense Attorney
You pay for a criminal defense lawyer by retainer fee, flat fee, or hourly rate. If you cannot afford an attorney and have a financial affidavit showing your indigent status, you get a public defender as your court-appointed counsel. Some criminal defense attorneys offer pro bono representation or fee agreements on a sliding scale. If you cannot make an initial deposit by electronic bank transfer or cash payment, legal financing options include payment plans, using personal loans, or paying …
What Is the Difference Between Civil and Criminal Law?
The difference between civil and criminal law is that civil law is for private disputes and financial compensation, and criminal law involves government prosecution, with criminal penalties including incarceration. A prosecutor has to prove criminal guilt for statutory crimes beyond a reasonable doubt. In tort law, a plaintiff only has to prove their case by a preponderance of the evidence standard. Filing lawsuits under criminal law generally ends with settlement agreements for financial …
What Are the Different Types of Criminal Defense Attorneys?
Different types of criminal defense attorneys include public defenders, private defense counsel, and federal defense lawyers. Felony attorneys focus on white-collar crime, violent crime defense, sex crimes, cybercrime, RICO specialists, and domestic violence defense for individuals facing more than one year of incarceration. Misdemeanor specialists include traffic offense counsel, drug crime specialists, DUI defense, and theft defense. Every defendant in the criminal justice system has a …
How To Choose the Right Criminal Defense Attorney for You
Facing a criminal charge is a stressful experience. Criminal charges can pose serious risks to your finances, criminal record, and (in severe cases) your freedom. The good news is that there is an industry of skilled criminal law professionals who can help you in your time of need. But know this, finding the right criminal defense attorney is one of the most important decisions you can make for your legal defense. Make sure you find the right criminal defense lawyer by following the valuable …
What To Do When Facing Drug Charges
When facing misdemeanor or felony drug distribution charges, protect your legal rights by remaining silent and asking for a criminal defense attorney before answering any questions. After a drug possession arrest, your attorney can represent you in the arraignment process and bail hearing to challenge the unlawful search and seizure of controlled substances. Police must have probable cause for an arrest warrant and read your Miranda rights before questioning. Talk to an attorney to file a …
State Drug Crimes and Penalties
Drug crimes and penalties vary by state, with mandatory minimum sentences for felony charges and misdemeanor offenses. Common state drug crimes include drug possession, drug trafficking, and drug manufacturing, with criminal penalties including incarceration, drug fines, probation, and a criminal record. Sentencing and penalties can depend on the controlled substance schedule, intent to distribute, and specific state statutes. Contact a legal defense attorney to represent you, file a motion to …
How To Pay for a Drug Charge Attorney
When confronted with drug charges, it’s best to seek the services of a criminal defense attorney as soon as possible. However, that's never as easy as it sounds. Finding an affordable attorney can be difficult. This is why many criminal defense lawyers offer various fee structures to meet the financial constraints of their clients. In the United States, you can face serious criminal repercussions from law enforcement for drug charges. People face criminal drug charges when they are found to …
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