[vc_row full_width=”stretch_row” bgtype=”grey” css=”.vc_custom_1457081487414{padding-bottom: 70px !important;}”][vc_column width=”1/2″][vc_single_image image=”10990″ img_size=”full”][/vc_column][vc_column width=”1/2″][tm-heading h2=”Welcome to Leland Garrett McRae” h4=”Our Mission”][vc_column_text]
The Law Office of Leland McRae is a San Antonio-based firm that prides itself on representing clients with aggressiveness and tenacity. When other lawyers would try to get you a plea deal, we fight to keep you free. When other lawyers would look at the surface details of your case, we look at every angle. The criminal justice system would sooner see you behind bars – we fight for your freedom when it matters the most.
[/vc_column_text][/vc_column][/vc_row][vc_row full_width=”stretch_row_content” bgtype=”skin” css=”.vc_custom_1464699679031{padding-top: 0px !important;padding-bottom: 0px !important;}” equalheight=”true” break_in_responsive_996=”true”][vc_column width=”1/2″ css=”.vc_custom_1464503274218{padding-top: 70px !important;padding-right: 60px !important;padding-bottom: 60px !important;padding-left: 60px !important;}”][vc_custom_heading text=”Fill out the form below, we will get back to you soon.” font_container=”tag:h2|font_size:16px|text_align:center” google_fonts=”font_family:Lora%3Aregular%2Citalic%2C700%2C700italic|font_style:400%20italic%3A400%3Aitalic” css=”.vc_custom_1478912920521{margin-bottom: 7px !important;}”][vc_custom_heading text=”REQUEST A CONSULTATION TOTALLY FREE” font_container=”tag:h2|text_align:center” use_theme_fonts=”yes” css=”.vc_custom_1456551898111{margin-bottom: 40px !important;}”][vc_column_text css=”.vc_custom_1478150216351{margin-bottom: 15px !important;}”]
Criminal law is the body of law that relates to crime. It regulates social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people. It includes the punishment of people who violate these laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation than on punishment.
Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules. Every crime is composed of criminal elements. Capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, although these punishments are prohibited in much of the world. Individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Confinement may be solitary. Length of incarceration may vary from a day to life. Government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a person convicted of a crime.[/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_tta_section][vc_tta_section title=”Police Misconduct” tab_id=”1478150539293-57ebef78-f316″][vc_custom_heading text=”LEGAL REPRESENTATION IN LITIGATION CASES” font_container=”tag:h2|font_size:17px|text_align:left” google_fonts=”font_family:Roboto%20Condensed%3A300%2C300italic%2Cregular%2Citalic%2C700%2C700italic|font_style:700%20bold%20regular%3A700%3Anormal”][vc_row_inner][vc_column_inner][vc_custom_heading text=”Police Misconduct” font_container=”tag:h2|font_size:17px|text_align:left” google_fonts=”font_family:Roboto%20Condensed%3A300%2C300italic%2Cregular%2Citalic%2C700%2C700italic|font_style:400%20regular%3A400%3Anormal” el_class=”tm-skincolor”][vc_column_text]
Police misconduct refers to inappropriate or illegal actions taken by police officers in connection with their official duties. Police misconduct can lead to a miscarriage of justice and sometimes involves discrimination or obstruction of justice. In an effort to control police misconduct, there is an accelerating trend for civilian agencies to go beyond review to engage directly in investigations and to have much greater input into disciplinary decisions. In addition, individuals and groups are now filming police in an effort to force police to become accountable for their actions and for their inactions. With the proliferation of mobile devices capable of recording alleged misconduct, police misconduct and abuse is now receiving publicity on social media and on websites including YouTube. In response, police often try to intimidate citizens to prevent them from using cameras. In other circumstances, police will illegally seize or delete evidence recorded by citizens, notwithstanding laws that make it a crime to destroy evidence of a crime being committed, irrespective of whether the crime is committed by civilians or by the police.
Types of misconduct include coerced false confession, intimidation, false arrest, false imprisonment, falsification of evidence, police perjury, witness tampering, police brutality, police corruption, racial profiling, unwarranted surveillance, unwarranted searches, and unwarranted seizure of property.[/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_tta_section][vc_tta_section title=”Administrative Law” tab_id=”1478150536666-779ed7bb-ab29″][vc_custom_heading text=”LEGAL REPRESENTATION IN LITIGATION CASES” font_container=”tag:h2|font_size:17px|text_align:left” google_fonts=”font_family:Roboto%20Condensed%3A300%2C300italic%2Cregular%2Citalic%2C700%2C700italic|font_style:700%20bold%20regular%3A700%3Anormal”][vc_row_inner][vc_column_inner][vc_custom_heading text=”Administrative Law” font_container=”tag:h2|font_size:17px|text_align:left” google_fonts=”font_family:Roboto%20Condensed%3A300%2C300italic%2Cregular%2Citalic%2C700%2C700italic|font_style:400%20regular%3A400%3Anormal” el_class=”tm-skincolor”][vc_column_text]
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. As a body of law, administrative law deals with the decision-making of administrative units of government (for example, tribunals, boards or commissions) that are part of a national regulatory scheme in such areas as police law, international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction.[/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_tta_section][vc_tta_section title=”Professional Liability” tab_id=”1478150533946-540c0ed2-7fde”][vc_custom_heading text=”LEGAL REPRESENTATION IN LITIGATION CASES” font_container=”tag:h2|font_size:17px|text_align:left” google_fonts=”font_family:Roboto%20Condensed%3A300%2C300italic%2Cregular%2Citalic%2C700%2C700italic|font_style:700%20bold%20regular%3A700%3Anormal”][vc_row_inner][vc_column_inner][vc_custom_heading text=”Professional Liability” font_container=”tag:h2|font_size:17px|text_align:left” google_fonts=”font_family:Roboto%20Condensed%3A300%2C300italic%2Cregular%2Citalic%2C700%2C700italic|font_style:400%20regular%3A400%3Anormal” el_class=”tm-skincolor”][vc_column_text]
Professional liability law governs legal proceedings brought by patients and clients who have suffered as a result of the negligent actions of a professional. These cases are usually filed in the state where the defendant lives or does business. General principles of negligence law apply, as well as statutory provisions that establish matters such as the amount of time the plaintiff has to file suit after discovering the professional’s mistake. A number of states place limits on the amount of damages that can be recovered in a professional liability case, and may require claims to be submitted to a review panel before the matter can be heard in court.
Types of Professional Liability Claims
Theoretically, a negligence claim can be brought against any type of professional whose careless actions have harmed the plaintiff. But due to the difficulty and expense of pursuing a civil lawsuit, most claims are based on significant financial losses or physical harm to the plaintiff. Thus, defendants usually include surgeons and other medical providers, attorneys, engineers, architects, CPAs, securities brokers and other financial advisors, real estate agents, tax professionals, and so forth. Members of all these professions can commit errors and omissions, the results of which may be irreversible.[/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_tta_section][vc_tta_section title=”Wrongful Death” tab_id=”1478150658321-6bdcef4f-1587″][vc_custom_heading text=”LEGAL REPRESENTATION IN LITIGATION CASES” font_container=”tag:h2|font_size:17px|text_align:left” google_fonts=”font_family:Roboto%20Condensed%3A300%2C300italic%2Cregular%2Citalic%2C700%2C700italic|font_style:700%20bold%20regular%3A700%3Anormal”][vc_row_inner][vc_column_inner][vc_custom_heading text=”Wrongful Death” font_container=”tag:h2|font_size:17px|text_align:left” google_fonts=”font_family:Roboto%20Condensed%3A300%2C300italic%2Cregular%2Citalic%2C700%2C700italic|font_style:400%20regular%3A400%3Anormal” el_class=”tm-skincolor”][vc_column_text]
Wrongful death is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. Under common law, a dead person cannot bring a suit, and this created an anomaly in which activities that resulted in a person’s injury would result in civil sanction, but activities that resulted in a person’s death would not.
The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. In Australia and the United Kingdom, it is ‘on the balance of probabilities’. For this reason it is often easier for a family to seek retribution against someone who kills or is accused of killing a family member through tort than a criminal prosecution. However, the two actions are not mutually exclusive; a person may be prosecuted criminally for causing a person’s death (whether in the form of murder, manslaughter, criminally negligent homicide, or some other theory) and that person can also be sued civilly in a wrongful death action (as in the O.J. Simpson murder case). Wrongful death is also the only recourse available in the United States when a company, not an individual, causes the death of a person; for example, historically, families have tried (both successfully and unsuccessfully) to sue tobacco companies for wrongful deaths of their customers.[/vc_column_text][/vc_column_inner][/vc_row_inner][/vc_tta_section][/vc_tta_tabs][/vc_column][/vc_row][vc_row full_width=”stretch_row_content_no_spaces” bgtype=”dark” css=”.vc_custom_1464699725748{padding-top: 0px !important;padding-bottom: 0px !important;}” equalheight=”true” break_in_responsive_996=”true”][vc_column width=”2/3″ css=”.vc_custom_1464503408412{padding-top: 60px !important;padding-right: 50px !important;padding-bottom: 30px !important;padding-left: 50px !important;}”][tm-heading h2=”Track Record” h4=”Significant Cases”][tm-servicebox h2=”Possession of narcotics” h2_font_container=”font_size:19px|color:%239dc02e|line_height:25px” h2_google_fonts=”font_family:Lora%3Aregular%2Citalic%2C700%2C700italic|font_style:400%20italic%3A400%3Aitalic” txt_align=”left” add_icon=”left” i_type=”entypo” i_icon_entypo=”entypo-icon entypo-icon-check” i_background_style=”none” i_on_border=”” i_size=”sm” use_custom_fonts_h2=”true”]McRae represented a client who was arrested near his neighborhood park and charged with possession of narcotics with the intent to distribute. The client had a history (record?) with his local police department as a suspected narcotics dealer.
Upon arrest, police found several small bags of narcotics in the client’s front pocket and in his backpack, along with currency in small bills and other drug paraphernalia.
Police claimed to have received a confession from him, but it was never written down; when Mr. McRae cross-examined the arresting officer in court, the officer reiterated that the client made a confession but claimed the tape was deleted due to “human error.”
Mr. McRae also cross-examined an anonymous witness from the park, completely discrediting her claim that she identified his client participating in a drug deal.
The jury acquitted his client of possession with intent to deliver; he was released the same day of his trial.[/tm-servicebox][tm-servicebox h2=”Loaded handgun” h2_font_container=”font_size:19px|color:%239dc02e|line_height:25px” h2_google_fonts=”font_family:Lora%3Aregular%2Citalic%2C700%2C700italic|font_style:400%20italic%3A400%3Aitalic” txt_align=”left” add_icon=”left” i_type=”entypo” i_icon_entypo=”entypo-icon entypo-icon-check” i_background_style=”none” i_on_border=”” i_size=”sm” use_custom_fonts_h2=”true”]McRae represented a client who was riding in the passenger seat of a vehicle that was followed and pulled over by police. The responding officer said that he saw an object thrown from the passenger side window of the vehicle as it moved to the side of the road.
The officer called for backup, and a search of the area revealed a loaded handgun about 15 feet from the vehicle. Each passenger was arrested and questioned; the driver and rear-seat passenger allegedly told the officers that Mr. McRae’s client was responsible for the item thrown out of the window.
Police claimed that his client confessed to the gun found near the vehicle, but no confession was recorded into a police report. Following a two-hour deliberation, the jury found Mr. McRae’s client not guilty.[/tm-servicebox][/vc_column][vc_column width=”1/3″ css=”.vc_custom_1478151992139{background-image: url(https://lelandmcrae.com/wp-content/uploads/2014/07/lelandsa.jpg?id=10976) !important;background-position: center !important;background-repeat: no-repeat !important;background-size: cover !important;}”][/vc_column][/vc_row][vc_row css=”.vc_custom_1457081661486{padding-bottom: 80px !important;}”][vc_column width=”1/2″][/vc_column][vc_column width=”1/2″][tm-heading h2=”FAQ’s” h4=”Frequently Asked Questions”][vc_toggle title=”Legal assistance and advice” size=”lg” open=”true” el_id=”1455699774820-3e584237-05fb”]You must not rely on the legal information on our website as an alternative to legal advice from your lawyer or other professional legal services provider.
If you have any specific questions about any legal matter, you should consult your lawyer or other professional legal services provider.
You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on our website.[/vc_toggle][vc_toggle title=”No lawyer-client relationship” size=”lg” el_id=”1455699822226-45a5b0a1-5e57″]No lawyer-client, solicitor-client or attorney-client relationship shall be created through the use of our website.[/vc_toggle][vc_toggle title=”No warranties” size=”lg” el_id=”1455699821242-8eb1c544-e810″]
The legal information on our website is provided without any representations or warranties, express or implied.
[/vc_toggle][/vc_column][/vc_row][vc_row full_width=”stretch_row” parallax=”content-moving” parallax_image=”10751″ parallax_speed_bg=”4.5″ bgtype=”skin” css=”.vc_custom_1459584939990{padding-top: 80px !important;padding-bottom: 70px !important;background-position: center;background-repeat: no-repeat !important;background-size: cover !important;}”][vc_column width=”3/4″][vc_custom_heading text=”ARE YOU HAVING ANY PROBLEMS BUT CAN’T CONSULT WITH ANYONE?” font_container=”tag:h2|font_size:26px|text_align:left” use_theme_fonts=”yes” css=”.vc_custom_1478190243612{padding-bottom: 7px !important;}”][vc_custom_heading text=”Talk to us! We promise we can help you! Call Now! (210) 569-0434″ font_container=”tag:h3|font_size:23px|text_align:left|line_height:23px” google_fonts=”font_family:Lora%3Aregular%2Citalic%2C700%2C700italic|font_style:400%20italic%3A400%3Aitalic”][/vc_column][vc_column width=”1/4″][/vc_column][/vc_row]