Legal Tips - 8 Things You Should Know If You Are Being Investigated For a Crime

Legal Tip 1. DO NOT TALK TO THE POLICE

I don't care if you are innocent or guilty, it is NEVER in your best interests to talk to the police. I have seen many Innocent clients screw themselves over by talking to the police. Your words, your demeanor and your physical characteristics can all be misconstrued, misinterpreted and used against you in numerous ways. No matter how innocent you are or how good you are with your words, it is highly unlikely you will be able to talk yourself out of being arrested.

Police officers love it when suspects talk to them. It gives them an opportunity to get a confession (or what they perceive to be one) out of the suspect. Once they get the confession, the case is usually closed and no more investigation is needed. Police officers will use all different types of tactics to obtain a confession. They have been known to tell individuals under investigation for crimes they have DNA evidence, when, in reality, no such evidence exists. They have professed to have an eye witness when no eye witness exists.

They have alleged to have had confessions from other co-defendants when none exist. These types of tactics have been used by officers for years to get a suspect to confess to a crime. Police officers can and will lie to you. There is nothing illegal about an officer lying to you. Do not believe a police officer if they make promises to you. If they promise not to arrest you if you talk to them, that doesn't mean they will not charge and/or arrest you later. The district attorney or U.S. Attorney is the only person who can make enforceable deals or agreements.

Legal Tip 2. DO NOT TALK TO ANYONE ABOUT THE FACTS OR ALLEGATIONS

Anyone you talk to (except your attorney) can be subpoenaed and forced to testify at your trial. Whether it's your best friend, girlfriend, relative or co-worker, they can be compelled to tell the Court or the Jury what you said. On many occasions, the officer will have a friend or relative of the victim call you to confront you with the allegation. This conversation is then recorded and used against you in Court. Always expect that anyone talking to you about the allegations is recording the conversation. Law enforcement is using confidential informants more often than ever. You never know who is working with the police.

Legal Tip 3. DO NOT CONSENT TO ANY SEARCH.

Never consent to a search of your home, car or person whether you are innocent or guilty of a criminal offense. In most cases, the officers are seeking your permission to search because they lack the probable cause necessary to obtain a warrant for the search.

If they threaten you with getting a search warrant, don't worry. Make them get the warrant. They may not have enough evidence against you to obtain the search warrant. The harder they press for your consent, the less likely it is they have enough to get a search warrant.

Legal Tip 4. DO NOT STEP OUTSIDE YOUR HOME

If an officer comes to your house to talk to you, you are not required by law to talk to them. In many cases, the officer will ask you to step outside your home to talk. DO NOT STEP OUTSIDE YOUR HOME! They are usually doing this so they can arrest you. As long as you stay inside your home, they cannot enter to arrest you without a warrant.

Also, do not invite the officer into your home. This will allow them to arrest you and also make notes of anything they see inside your home that is in their plain view. Do not open the door. Talk through the door. If you open the door, an officer may infer that as consent to enter your home.

Legal Tip 5. GET AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY IMMEDIATELY

Do not call your family attorney. Do not call your business attorney. You need to call an experienced criminal defense attorney. Be sure they are a member of the National Association of Criminal Defense Attorneys. Make sure they devote at least 50% of their practice to criminal law. Finally, make certain they have handled the most serious of cases and have a proven track record of success at trials involving criminal charges.

Legal Tip 6. DEMAND AN ATTORNEY.

If you are unfortunate enough to get arrested, demand an attorney. You must make sure your request for an attorney is clear and unequivocal. Statements such as "Maybe I should get an attorney?" or "Do I need an attorney?" are not strong enough. You must be strong and demand an attorney. If you do not, officers will continue to probe and try to get information they can use to convict you. Exercise your 6th Amendment right to an attorney.

Legal Tip 7. DO NOT LIE TO THE POLICE

Lying to the police can result in additional criminal charges and in some cases, can lead to your arrest. You do not have to talk to the police. You are better to say absolutely NOTHING than to lie to the police

Legal Tip 8. SAY "YES" TO A LIE DETECTOR TEST

This may seem strange considering all of the other advice. Under Wisconsin Criminal Law, while the results of a lie detector test are generally not admissible in Court, your willingness to submit to a lie detector test MAY be admissible. When asked if you would submit to a lie detector, say "Absolutely". Make it as clear as can be, but add, "so long as my attorney is present" First, it is unlikely they are going to give you the test as most police departments do not have polygraphs.

Second, your willingness to submit to a lie detector may give the officer pause about arresting you, holding you, or referring your case to the District Attorney for criminal charges. Third, if they really do plan on giving you the polygraph, they will have to wait until you get your attorney. You can discuss whether to finally submit to a lie detector test with your attorney.

Driving With a Suspended License

When you are convicted of driving under the influence or driving while intoxicated (DUI/DWI), one of the many penalties that a state may issue is a license suspension. Typically, for your first DUI conviction, you will have your license suspended for no longer than six months. For subsequent convictions, you may be stripped of your driver's license for a year or more.

Most people rely on an automobile as their primary means of transportation. A suspended license can limit a person's mobility and make it difficult to commute to work or visit family and friends. While this may seem like an unreasonable hardship, it is better to make other driving arrangements, such as taking the bus or carpooling, than to risk being pulled over without a valid license. If you are caught driving with a suspended license from a DUI/DWI, you risk being penalized even further.

Suspended License Violation Penalties

Each state has its own penalties for drivers who are caught without a valid license, but most states will extend the period of the suspension and slap the offender with a hefty fine. Under Rhode Island law, penalties for driving on a suspended license are as follows:

First offense: 3 months additional suspension + $500 fine + at least 10 days in jail
Second offense: 6 months additional suspension + $500 fine + 6 months to 1 year in jail
Third offense: Felony charge + 1 year additional suspension + $1000 fine + at least 1 year in jail

Coping with Your License Suspension

Clearly, suspended license violations are taken seriously and can add months to your original penalty, not to mention the additional hefty fines. It is best to not risk being caught without a valid license. If you have been convicted of a DUI and penalized with a license suspension, consider using one of the many other modes of transportation available to you. If you are traveling within a couple of miles, try walking or biking to your destination, or look up a convenient bus route. You may find that you are able to save hundreds and even thousands of dollars that otherwise would be spent on gas.

If you have been arrested for driving with a suspended license, you face the possibility of extended suspension, fines, and jail time. Consider consulting with a DUI defense attorney immediately to review the options that are available to you so that you can regain your license.

Why DUI Attorney Experience, Skills, and Time Are Important

It's unfortunate that some DUI, DWI, and OWI attorneys are a waste of money. Go to just about any drinking and driving forum or board and you'll hear cries foul not only for the charges, but how ineffective the lawyer was.

How much of an impact should a DUI attorney have? What of experience should you look for? What skills can help your case the most? And how can you factor in time and availability if you find a skilled and experienced attorney?

How much of an impact should your DUI lawyer have?

They're impact can be most effective in cases where you feel wronged. If the situation where you were charged with a DUI and arrested seem wrong, you have a right to fight the charges. For example, if the officer was incorporated with you, operated the sobriety test incorrectly, or never read you your rights, in some cases all charges can be thrown out. Is that a big enough impact?

In cases where you want to plead guilty, often the attorney defending you can make a deal with the prosecution for a lesser charge. This is done all the time, especially in cases where you did not hurt anyone or endanger someone under age.

What experience do you look at?

Experience is more than a resume and a strong opinion. On paper, an experienced attorney needs to have shown clear effectiveness in DUI cases. This is not your public servant court-appointed lawyer This is someone who specializes in DUI law, and has specialized for years. They need to prove they've impacted many other cases in similar situations.

How can you see "Skills"?

Skills are sometimes the hardest to judge, but when it comes to law, you'll see it in how they defend you. If you hire an attorney but feel their plan for defense is wrong, you may want to hire a different one. There is no rule that says you must stay with one attorney; in most cases, judges will allow changes in attorneys. An experienced attorney doesn't always win the case for you; some of these are lost causes. But at the least they should help lessen your penalties.

What if they have no time?

Lastly, defending a DUI, DWI, or OWI takes more than experience and skill. There is one other vital ingredient: time. There is only so much. You can hire the best attorney in town, but if they are overbooked, if they have no time to spend with you, if they choose someone else in the firm to represent you in court who has little to no experience, these are all clear problems.

As you can see, not all DUI attorneys are equal. To find the right one, you just have to put time and effort into it.

Legal Process Outsourcing - IT Has Arrived

Legal Process Outsourcing (LPO) is the newest kid on the ITes (IT-enabled services) block and it has already notched up impressive statistics. The players are scattered all around the globe-the service providers are mainly based in countries like India, the Philippines, Israel, and those in Latin America and the service-seekers are primarily the developed nations of the world.

This industry grew out of the need of law firms or corporations to obtain legal support services from another legal firm or a company that specializes in providing these services. The services typically offered by a LPO firm are reviewing legal documents, carrying out legal research work, compiling research and analysis documents, providing patents-related services, and drafting pleading documents and legal briefs.

The LPO industry is still in its nascent stages but the profits it has garnered are phenomenal. As per data that was available on April 2010, more than 5,000 professionals were working in this field in India and Philippines and they rake up annual revenues of USD 300 million. The workforce is expected to increase to 18,000 by the year 2015 and they will contribute USD 960 million to the coffers.

The success of the LPO firms stems from the fact that they charge a fraction of what an attorney in an industrialized nation will charge for doing the documentation work. Thus law firms often outsource the work.

An interesting trend has been noticed in this arena: more and more firms are demanding confidential services. For this reason, LPO firms have mushroomed to provide specialized "back-door" and "near-shore" services.

The LPO industry is here to stay and looks all set to flourish; a belief that has been substantiated when it admirably withstood the ravages of global recession. In fact, global recession opened the floodgates for large number of litigation and bankruptcy cases. The LPO firms were only too happy to lap them up.

5 Questions to Ask Your Criminal Lawyer

Almost everyone needs the help of a criminal lawyer at some time or another. Whether for themselves, family, or friends, when the time comes its important to have the right man for the job. Below are five questions to ask your criminal lawyer to make sure he is the right attorney for you.

1. How Successful have you been handling cases like mine before?

Ever potential client should consider whether or not their Criminal Attorney has handled similar cases before. If the criminal attorney has never handled a DUI before, for example, he may not be aware of the important deadlines, relevant law, and important facts to consider when preparing your defense. Alternatively, an Attorney with substantial experience handling your type of case may be more appropriate to handle your pending matter.

2. What is this going to cost me?

You need to know the bottom cost in any big purchase. Hiring a criminal defense attorney is no different. You should want to know if hiring a lawyer is going to cost you 2K or 10K. Also, are you going to be able to afford your lawyer? If you are unable to pay your lawyer, he may withdraw from your case, and you will have to restart from ground zero. Nobody wants to do that when their life is on the line.

3. What are your credentials.

Most lawyers learn how to talk a big game. But do they have the training and experience to back it up? If you are in the market for a trial criminal attorney, you will likely want to know that your criminal lawyer has tried many cases before, went to a well known trial school, etc. Past performance is an indicator of future performance. Knowing your lawyers credentials will help you make an informed decision.

4. What are the maximum penalties I can get?

Different charges carry different penalties. For example, most people are surprised to find out that a DUI can get them a year in jail. Likewise, a third degree felony can get you 5 years in prison. Ask your Attorney what the possible consequences are so that you will be prepared to make an informed decision as to how to proceed with your case.

5. How many trials have you run?

You may not want your case to ever see the courtroom. You may rather want to work out the best disposition possible. However, you still want to have a trial lawyer preparing your case and negotiating on your behalf. That is because a State Attorney is more likely to workout a beneficial disposition with a trial lawyer whom he thinks might take the case to trial. If the State Attorney knows the criminal lawyer will not take it to trial, the criminal lawyer has no negotiating leverage on the State.

Criminal Defense Lawyer - Help Them Help You

If you are ever faced with having criminal charges filed against you, the first step through the process is getting in touch with your criminal defense lawyer.

Once in contact, it's important to know all the ways you can help your lawyer defend you. After all, it's your freedom at stake. Do what you can to aid your defender in helping you keep it. Below are a few tips to essentially help you help yourself.

Step 1: Above all other things, you must be honest with your attorney. He or she must know all there is to know regarding the case. Tell them everything you know, and their odds of being able to help you skyrocket. Remember, by holding onto the truth, you're gambling with your freedom.

Step 2: Follow any and all instructions given to you by your lawyer. If you're advised not to discuss the case, don't discuss the case. If you are advised to stay away from specific individuals, then keep your space. Your attorney is doing the best they can to help you out. Listen to what they have to say.

Step 3: Show up to any and all legal proceedings and meetings on time. Show your attorney that you're just as committed to the case as they are. By arriving when you are supposed to, you will make the proceedings go much more smoothly for everyone involved. Do whatever it takes to be prompt and ready to go. A missed proceeding could end up costing you a few years.

Step 4: Make sure to stay out of any additional trouble. Don't involve yourself in any suspicious activities or with people who may get you into further trouble with the police. Become Mr. / Mrs. Perfect; a model citizen. Consider trying to make restitution payments or arrangements to pay for any damages you admit responsibility for. Find out whether restitution is even an option.

Step 5: Show the utmost respect for the justice system and your attorney. If you're lucky enough to have your case heard by a sympathetic judge, you might be cut a little slack if you have your ducks in a row. Being rude or disrespectful will never get you anywhere.

Helping your attorney defend you simply makes sense. Having someone with your best interests to work with you is ideal in any legal setting. By helping your criminal defense lawyer, you're only helping yourself.

Are Mandatory Drunk Driving Blood Tests Unconstitutional?

In Dallas Texas a very controversial method of enforcing drunk driving had spawned about a year ago that caused many DWI attorneys to throw their arms up in the air. For all drivers suspected of driving under the influence who refuse to blow into a breathalyzer can automatically have blood drawn to determine if there was any alcohol in the blood stream.

This is done against a drivers will by an on duty judge that is able to sign and execute a warrant instituting the mandatory blood test. This type of approach has had many Texas DWI defense attorneys a bit upset stating that this violates a human beings constitutional rights and violates an unreasonable search and seizure of personal evidence. This has been a very controversial approach to determine if someone has been drunk driving in Dallas Texas. It was only done on select few nights and common drinking holidays because it required an actual judge on duty to actually sign the warrant to allow medical staff to proceed with the blood test. Many questions have been raised with this type of action. Since any blood immediately becomes trial evidence it is important by law that it be handled correctly and not compromised in any way. Compromised blood samples could sway a jury to go in either direction and trigger a less desired outcome for the driver.

You can see how this type of approach would be deemed questionable by many in the community. County prosecutors think differently about this topic. It helps them easily close cases and get convictions without a lot of challenges in the courtroom that could get a case dismissed for whatever reason. County prosecutors are feverishly scrambling to have this legislation approved in order to be executed much more frequently. One of the biggest steps to getting this done will be to have not just a judge that can order the blood test but other high ranking individuals. Having a judge on staff every night is very costly for any city or town. Is it unconstitutional to force and individual to give blood? We will have to wait and see how this type of effort pans out. With more and more states really cracking down on drunken driving laws and drivers we will be sure to see this type of approach spread amongst other cities if it gets approved in Dallas Texas.