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Criminal Defense Compulsion
Everyone has freedom under the law to willingly attest, agree or disagree to a particular request or do something without being forced to do it. However, in law, one may be compelled to commit an act or do something without infringing on the person’s right.
Whenever force is applied on a citizen to commit an act either by the court of competent jurisdiction or other authorized people; this is referred to as compulsion.
It is important to know that forcing a person to commit an act or do something doesn’t render the pronouncement unlawful or invalid as long as it is not against the constitution; therefore, you must contact your criminal defense lawyer when court or any authorized agent orders make you act or do something that poses a threat to your rights or under duress.
What is compulsion?
Compulsion can be defined as an irrepressible inclination altered by an authorized person under the law to another person to perform an act or do something. The compulsion may be lawful or unlawful depending on the standard of the constitution.
There are countless reasons where a force may be instigated on a citizen to do something or commit an act; as long as it is lawfully justifiable, it is known asa lawful compulsion.However, a force applied on a person to do what he could not have done on normal moral or valid constitutional ground, this is known as unlawful compulsion.
Lawful compulsion
This could be described as a situation where the court or any authorized person compels a person to do something or perform an act that ought to be done. This act of force does not in any way contradicts or violates the law or affects the validity of the act; therefore, the defendant cannot raise objections under the precedent of compulsion. On the other hand, there are grounds where a person can raise objections under the precedent of compulsion if the violence is unlawful.
Unlawful compulsion
This could be described as power or violence compelling a person to do something contrary to the constitution of the country or without his consent. Such acts morally count as a breach of rights on the part of the culprit; therefore, the defendants can raise objections against the motion or pronouncement or such authority and regard the act as void. Forced entry is one particular expression that is being categorized under unlawful force.
It is, however, pertinent to know that whenever one is compelled to do something whether lawful or unlawful; inadequate knowledge and feeble application of laws may land you a punishable judgment. This is the main reason you need to know how court standard works; invariably, you must get a competent defense attorney who can arguably make any contrary ruling void. Require the service of a criminal defense attorney today; you may not know when you would need one.